SOUTH GATE CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, August
8, 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: 836 7624 9892
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Call to Order/Roll Call With Invocation & Pledge
CALL TO ORDER:
Maria del Pilar Avalos, Mayor
INVOCATION:
Steve Costley, Director of Parks & Recreation
PLEDGE OF ALLEGIANCE:
Jon Hamilton, Director of Human Resources
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, 17, and
18 are Consent
Calendar Items. All items including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action. Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.
Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.
1. Resolution declaring a continued emergency and authorizing repair, replacement, or maintenance activities
of public facilities related to the Urban
Orchard, City Project No. 539-PRK without public bidding, pursuant to the Emergency Contracting Procedures of the SG Municipal Code and the California Public Contract Code
The City Council will consider making a finding and adopting a Resolution________
declaring an emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539-PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code.(CM) Documents:
Item 1 Report 08082023.pdf
2. Resolution appointing a Delegate, Alternate, and Second Alternate to the Governing Board of the ICRMA
The City Council will consider adopting a
Resolution ___________
appointing City
Council Member Maria Davila to serve as the City's Voting Director to the ICRMA Board, appointing the Director of Human Resources to serve as the first alternate Voting Director to the ICRMA Board, and appointing the Risk Manager to serve as the second alternate Voting Director to the ICRMA Board.(CM)
3 Documents:
Item 2 Report 08082023.pdf
3. Resolution approving a Grant of Utility Easement to SCE
The City Council will consider: (PW)
a. Declaring this matter categorically exempt from CEQA;
b. Authorizing a twenty-foot-wide easement to Southern California Edison (SCE) for maintenance purposes located at 9599 Pinehurst Avenue; and
c. Authorizing the City Manager to execute a recordable document granting that easement, in a form acceptable to the City Attorney
Documents:
Item 3 Report 08082023.pdf
4. Resolution amending Resolution No. 6454 creating the position of Marketing and Community Engagement Manager
The City Council will consider adopting a
Resolution ___________
amending
Resolution No. 6454
(Salary Resolution and Position Classification Plan) by creating the position of Marketing and Community Engagement Manager, reclassifying a Management Analyst to a Community Engagement Management Analyst. The City Council will also consider approving the Job Classification Specifications for the two positions: Marketing and Community Engagement Manager classification and Community Engagement Management Analyst in the City Manager's Office. Additionally, the City Council will consider updating the Salary Pay Table for the City of South Gate Professional and Mid- Management Association (PMMA) by adding the Marketing and Community Engagement Manager at Pay Scale 616 ($6,839 - $8,313 monthly), an Exempt Classification, and the Community Engagement Management Analyst at Pay Scale 610 ($6,362 - $7,733 monthly), a Non- Exempt Classification. Finally, the City Council will consider authorizing the City Manager to eliminate the Management Assistant position in the City Manager's Office if the position becomes vacant. (HR)
Documents:
Item 4 Report 08082023.pdf
5. Resolution amending Resolution No. 6454 reclassifying City Hall Receptionist from City Clerk’s Office from an hourly part-time to a full-time position
The City Council will consider approving a budget and personnel allocation adjustment to authorize a full-time City Hall Receptionist position in the City Clerk's Office (CLERKS) Documents:
Item 5 Report 08082023.pdf
4 6. Amendment No. 4 to Contract No. 2021-70-CC with HF&H Consultants for Solid Waste Management Services
The City Council will consider: (PW)
a. Approving
Amendment No.4 to Contract No. 2021-70-CC
with HF&H Consultants,
LLC., to extend the contract term through December 31, 2023, to provide solid waste management services, in an amount not-to-exceed $50,000;
b. Authorizing the appropriation of $50,000 from the Refuse Fund balance to Account Number 413-733-51-6101 as necessary to fund transition and solid waste management expenditures; and
c. Authorizing the Mayor to execute Amendment No. 4 in a form acceptable to the City Attorney.
Documents:
Item 6 Report 08082023.pdf
7. Amendment No. 3 to Contract No. 2022-19-CC with RSG for As Needed Services The City Council will consider: (CD)
a. Approving
Amendment No. 3 to Contract No. 2020-19-CC
with RSG, Inc., to
continue providing as-needed services to the Community Development Department effective July 1, 2023, through June 30, 2024, in an amount not to exceed $352,000; and
b. Authorizing the Mayor to execute Amendment No. 3 in form acceptable to the City Attorney.
Documents:
Item 7 Report 08082023.pdf
8. Amendment No. 2 to Contract No. 2022-48-CC with Ascent Environmental for preparation of EIR for 5037 Patata
The City Council will consider: (CD)
a. Approving
Amendment No. 2 to Contract No. 2022-48-AC
with Ascent
Environmental to continue as-needed environmental consulting a services up to $300,00; and
b. Authorizing the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.
Documents:
Item 8 Report 08082023.pdf
9. Amendment No. 2 to Contract No. 2022-59-AC with KOA Corp. for additional 5 Construction Monitoring and
Inspection Services for the Raising Cane’s
development
The City Council will consider: (PW)
a. Approving
Amendment No. 2 to Contract No. 2022-59-AC
with KOA Corporation for
additional construction monitoring and inspection services for the 9854 Alameda Street Off-Site Improvements Project, in an amount not to exceed $2,202; and
b. Authorizing the Mayor to execute
Amendment No. 2 to Contract No. 2022-59-AC
in
a form acceptable to the City Attorney.
Documents:
Item 9 Report 08082023.pdf
10. Amendment No. 1 to Contract No. 2022-77-CC with Z&K Consultants, Inc., for additional Construction
Management and Inspection Services for the Hollydale
Community Park Renovation Project
The City Council will consider: (PW)
a. Approving
Amendment No. 1 to Contract No. 2022-77-CC
with Z&K Consultants,
Inc., for additional construction management and inspection services for the Hollydale Community Park Renovation, City Project No. 607-PRK, at a not to exceed cost of $74,064; and
b. Authorizing the Mayor to execute Amendment No.1 in a form acceptable to the City Attorney.
Documents:
Item 10 Report 08082023.pdf
11. Agreement with KOA Corp. for Construction Monitoring and Inspection Services for the Golden State
Water Co. Utility Improvements at Garfield Ave.,
Century Blvd., and Center St.
The City Council will consider: (PW)
a. Approving an
Agreement with KOA Corporation
for construction monitoring and
inspection services for the water utility improvements being constructed by the Golden State Water Company, in an amount not-to-exceed $83,700 retroactively effective to May 24, 2023; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 11 Report 08082023.pdf
6 12. Agreement with W.G. Zimmerman Engineering, Inc. for Traffic Engineering Services
The City Council will consider: (PW)
a. Approving an
Agreement with W.G. Zirnmerman Engineering, Inc.
, to provide traffic
engineering and staff augmentation services for a two-year term, for an amount not to exceed $340,000; and
b. Authorize the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 12 Report 08082023.pdf
13. Agreement with Z&K Consultants, Inc. for Construction Monitoring and Inspection Services for the SG Park
Fence Project
The City Council will consider: (PARKS)
a. Approving an
Agreement with Z&K Consultants, Inc.,
to provide construction
management and inspection services for the construction of the SG Park Fence Project, City Project No. 550-PRK, in an amount not to exceed $82,755, which includes a 10% contingency; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney
Documents:
Item 13 Report 08082023.pdf
14. Agreement for three years with NEOGOV for Human Resources Automated Management System
The City Council will consider: (HR)
a. Approving the three-year
Agreement with NEOGOV
for a total of $146,493.30, which
will be paid in three installments of $35,966.80 on or after July 1, 2023, $46,730.60 on or after July 1, 2024, and $63,795.90 on or after July 1, 2025, and
b. Authorizing the Director of Human Resources to sign the agreement with NEOGOV in a form acceptable to the City Attorney.
Documents:
Item 14 Report 08082023.pdf
15. Agreement with CSG Consultants for Code Enforcement Staff Augmentation
7 The City Council will consider: (CD)
a. Approving
Agreement with CSG Consulting, Inc.,
for a period not to exceed a one-
year term; and
b. Appropriating a total of $100,000 of General Fund; and
c. Authorizing the Mayor to execute the Agreements in a form acceptable to the City Attorney.
Documents:
Item 15 Report 08082023.pdf
16. Purchase of a 2023 Ford F-150 Replacement Truck for the Public Works Street and Sewer Division
The City Council will consider: (PW)
a. Authorizing the purchase of a 2023 Ford F-150 truck from Norm Reeves Ford, in an amount not-to-exceed $41,710, for the Public Works Department, Street and Sewer Division;
b. Appropriating $41,710 in Capital Asset & Equipment Replacement Funds to purchase the Ford F-150 truck; and
c. Authorizing the City Manager to execute the documents necessary to purchase the one truck in a form acceptable to the City Attorney.
Documents:
Item 16 Report 08082023.pdf
17. Purchase of a 130 Ton Chiller with Carrier Corp. for the South Gate Park Sports Center HVAC Project No. 712-PRK
The City Council will consider: (PW)
a. Approving a Purchase Order with Carrier Corporation to purchase a 130-ton air cooled chiller necessary for the construction of the South Gate Park Sports Center HVAC Project, City Project No. 712-PRK, in an amount not to exceed $155,939; 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 17 Report 08082023.pdf
18. Minutes
8 The City Council will consider: (CLERK)
A. Approving the Special Meeting minutes of June 26, 2023
B. Approving the Special and Regular Meeting minutes of June 27, 2023
C. Approving the Special and Regular Meeting minutes of July 11, 2023 Documents:
Item 18 Report 08082023.pdf
Reports, Recommendations And Requests
19. Approve Warrant Register for August 8, 2023
The City Council will consider approving the Warrant Register for August 8, 2023. (ADMIN SVCS)
Total of Checks: $2,707,491.95 Less: Voids $ (860.70) Less: Employee Payroll Deductions
$ (268,493.45)
Grand Total: $2,438,137.80
Cancellations: 101948, 101381
Documents:
Item 19 Report 08082023.pdf
Adjournment
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on August 3, 2023, at 10:45 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 9 session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:
City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.
PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers first. After all speakers in the Chambers have spoken, the Presiding Officer will call upon those participating via zoom or teleconference.
Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.
Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.
To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.
CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.
STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.
SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
10 CITYMANAGER'S OFflCE
AUG 02 2023
Item No. 1
q:lo aVk-' Ciffl of South Gate
CITY COUNCIL
AGENDA BULL
For the R ofi August 8, 2023
Department Director:
ent: Public Works
Cervant hris Jeffers
SUBJECT: RESOLUTION DECLARING A CONTINUED EMERGENCY AND
AUTHORIZING REPAIR, REPLACEMENT OR MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO THF, 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 CODF,
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 $30.5 million in grant and other funds for design, construction, operations, and maintenance, as summarized below, inclusive of a $5,000,000 grant from Caltrans.
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 11
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 immediate and long-term cost savings to the City but also created an immediate need for the City to retain an interim contractor to perform certain ongoing maintenance and safety activities; a need which must be met sooner than 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, (1) 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, and the City continues to address the requirements imposed by the County.
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 2 12
completed. Preliminarily selected a recommended interim contractor; conducted a field review; and received a fee proposal 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. The first month monitoring per the approved Phase II Workplan was completed on June 30, 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 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 in the amount of $2,919,248 was executed administratively under the authority granted by the subject resolution. Work began July 2023.
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 LEA for the State of California's Department of Resources Recycling and Recovery ("CalRecycle"). The County is authorized by Division 30 of the Public Resources Code 3 13
("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 l) $7,975,100 City
Land and Water Conservation Fund (LWCF) $3,000,000 Los Angeles County Flood Control District $530,000 Safe Clean Water- Municipal Funds $1,435,401
Safe Clean Water- Regional Funds $5,438,000
State Parks- Prop. 68 Grant $1,919,847
Conservation Corp of Long Beach $713,015
Caltrans $5,000,000
Rivers and Mountains Conservancy Funds $4,404,798 TPL Private Donations $90,000
Total $30,506,161
ATTACHMENT: Proposed Resolution
GD:lc
4 14
Attachment A
RESOLUTION NO.
RESOLUTION OF THE CITY COtJNCIL OF THE CITY OF
SOUTH GATE, ST ATE OF CALIFORNIA, DECLARING AN
EMERGENCY STILL EXISTS AND AUTHORIZING
REPAIR, REPLACEMENT OR MAINTENANCE
ACTIVITIES OF PUBLIC FACILITIES RELATED TO THE
URBAN ORCHARD PROJECT WITHOUT PUBLIC
BIDDING, PURSUANT TO THE EMERGENCY
CONTRACTING PROCEDURES OF THE SOUTH GATE
MUNICIPAL CODE AND THE CALIFORNIA PUBLIC
CONTRACT CODE
WHEREAS, at the Special City Council meeting on February 6, 2023, the City Council for the City of South Gate ("City") considered and passed a Resolution declaring an emergency and authorized the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project ("Project") pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code; 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 with the 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 PCL{JP, 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"); 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; and
15 WHEREAS, 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, and the City continues to address the requirements imposed by the County.
NOW, THEREFOR, BASED ON THE FACTS SET FORTH ABOVE, THE COUNCIL OF
THE CITY OF SOUTH GATE, CALIFORNIA, HEREBY MAKES THE FOLLOWING FINDINGS:
1. The County's issuance of the Cease and Desist and Corrective Action Order at the current stage of the Project work, coupled with the immediate and ongoing need to perform the Maintenance Activities, has created an emergency for the City with respect to the Project; and
2. The emergency will not permit a delay resulting from a competitive solicitation for bids to perform the Maintenance Activities; and
3. The actions to be taken pursuant to the Resolutions set forth below continue to be necessary to respond to the emergency; and
4. 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, and the City continues to address the requirements imposed by the County.
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 F3) 1.54.470 and California Public Contract Code €3 22050, the Council hereby authorizes and directs the City's City Manager and his designees to take such actions as the City Manager deems necessaiy to cause the Maintenance Activities to be performed, and to procure the necessary equipment, services, and supplies therefore, all without giving notice for bids to let contracts, and without regard to the dollar amounts of the contracts for such activities, equipment, services and supplies.
SECTION 3: At each regularly scheduled meeting of the Council after the date of the original Resolution, dated February 6, 2023, until further notice from the Council, the City Manager has and shall continue to present to the Council the reasons justifying the emergency, that the emergency declaration will reduce delays and associated costs that would otherwise result from the competitive solicitation for bids and why that action is necessary to respond to the emergency SECTION 4. At each such regularly scheduled meeting until the emergency action is terminated, the Council shall review the emergency action to determine, by a four-fifth's vote, that there is a need to continue the emergency action.
16 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 53 22050, this Resolution shall only be effective if passed by a four-fifths vote of the Council.
SECTION 7. The City Clerk shall ceitify to the adoption of this Resolution, which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 8'h day of August -2023.
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
F. Salinas, City Attorney
17 C1TYMANA8ER'S OFFICE
AU0 fl 2 2023
Ciffl of South Gate
Item No. 2
CITY COUNCIL
AGENDA EJ[LL
For the Regular Meeting of: August 8, 2023
Originating Department: Human Resources
DepartmerxtDirector:
o . Hamilton
CUy Manager:
tsto herJ ers
SUBJECT: RESOLUTION APPOINTING A VOTING DIRECTOR, ALTERNATE, AND
SECOND ALTERNATE TO THE BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA).
PURPOSE: To appoint Council Member Maria Davila to the Governing Board of the Independent Cities Risk Management Authority (ICRMA) to serve as the City's Voting Director and to appoint the Director of Human Resources as the first alternate and the Risk Manager as the second alternate.
RECOMMENDED ACTIONS: The City Council will consider adopting a Resolution appointing City Council Member Maria Davila to serve as the City's Voting Director to the ICRMA Board, appointing the Director of Human Resources to serve as the first alternate Voting Director to the ICRMA Board, and appointing the Risk Manager to serve as the second alternate Voting Director to the ICRMA Board.
FISCAL IMPACT: None
ANALYSIS: None
BACKGROUND: The City of South Gate is a member of ICRMA, a joint powers authority created pursuant to the provisions of the California Government Code. ICRMA provides a Liability Program, Workers' Compensation Program, Property Program, and other coverage programs for its members.
The Joint Powers Agreement provides that each member agency is required to appoint one Voting Director to the Board and may appoint no more than two alternates in order to ensure attendance and representation at ICRMA Board meetings. The City Council of each member city may select and change any of its representatives by filing a Resolution with ICRMA. The City Council may appoint elected member(s) or staff member(s) to serve on the Governing Board. Staff members shall include the City Manager, a staff member holding a position with the authority equivalent to a Department Director, or a staff member dedicated (full-time) to risk management. In making such an appointment, the City Council may appoint a specifically named individual or a specific position, such as Director of Human Resources or Risk Manager.
On January 10, 2023, at the regularly scheduled City Council Meeting, the City Council appointed City Council Member Maria Davila to serve as the City's Voting Director to the ICRMA Board and appointed Director of Human Resources Jon Hamilton to serve as the first alternate Voting Director on 18 the ICRMA Board in the absence of the primary Voting Director. On February 21, 2023, the City Council approved a Resolution affirming the appointments of Council Member Maria Davila as the Voting Director to the ICRMA Governing Board and Director of Human Resources Jon Hamilton to serve as the first alternate Voting Director in her absence.
On March 28, 2023, the City hired a full-time Risk Manager, who has regularly attended the ICRMA Board Meetings; however, without the appointment of the Risk Manager as the second alternate Voting Director, he is precluded from attending closed session of the Board Meetings or serving as the second alternate Voting Director representing the City of South Gate's interests in the event Council Member Davila and the Director of Human Resources are unable to attend the ICRMA Board meeting.
Accordingly, staff requests that the City Council adopt a Resolution reappointing City Council Member Maria Davila as the City's Voting Director to the ICRMA Board and appoint the position of Director of Human Resources as the first alternate Voting Director to the ICRMA Board and the position of Risk Manager as the second alternate Voting Director to the ICRMA Board. This revised action provides flexibility to the City to continue to send appropriate Voting Directors to the ICRMA Board meeting without the City Council having to adopt a new Resolution each time there is a change in personnel.
ATTACHMENT: Proposed Resolution
19 RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,
CALIFORINA, APPOINTING A VOTING DIRECTOR, ALTERNATE, AND SECOND
ALTERNATE TO THE BOARD OF THE INDEPENDENT CITIES RISKMANAGEMENT AUTHORITY (ICRMA).
WHEREAS, the City of South Gate ("City") is a member of the Independent Cities Risk Management Authority ("ICRMA"), a joint powers authority created pursuant to the provisions of the California Government Code; and
WHEREAS, ICRMA provides a Liability Program, Workers' Compensation Program, Property Program and other coverage programs for its members; and WHEREAS, the Joint Powers Agreement provides that the City Council of each member agency is required to appoint one Voting Director to the Board; and WHEREAS, the City Council of each member citymay appointno more thantwo alternate Voting Directors in order to ensure attendance and representation at ICRMA Board meetings; and WHEREAS, the City Council may appoint elected official(s) or certain staff member(s) to serve on the ICRMA Board; and
WHEREAS, staff members shall have one of the following positions, or equivalent: City Manager, positions with authority equivalent to a Department Director within the City's hierarchy, or a position dedicated (full-time) to risk management for the City; and WHEREAS, the City of South Gate desires to designate its Voting Director, first alternate Voting Director, and second alternate Voting Director to the ICRMA Board;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby appoints Council Member Maria Davila to serve as its Voting Director on the ICRMA Board.
SECTION 2. The City Council hereby appoints the Director of Human Resources as the first alternate Voting Director to serve onthe ICRMA Boardinthe absence of the Voting Director noted in Section 1 above.
SECTION 3. The City Council hereby appoints the Risk Manager as the second alternate Voting Director to serve on the ICRMA Board in the absence of the Voting Director as noted in Section 1 above and in the absence of the first alternate Voting Director noted in Section 2 above. 20 SECTION4. ThattheindividualandpositionsdesignatedbythisCityCouncilastheCity'sVoting Director, first alternate Voting Director, and second alternate Voting Directorto the ICRMA Board are hereby confin'ned and designated as the City's delegates for all purposes of representing the City's interests and exercising the authority of the City with respect to all matters delegated to the ICRMA Board and signing all amendments as are contemplated to be approved by the ICRMA Board.
SECTION4. TheCityClerkshallcertifytotheadoptionofthisResolutionwhichshallbeeffective upon its adoption.
PASSED, APPROVED and ADOPTED this 8d' of August 2023.
CITY OF SOUTH GATE:
Maria del Pilar Avalos, Mayor
ATTEST:
Yodit Glaze, City Clerk
(SEAL)
F. Salinas, City Attorney
21 CITYMANAGER'S OFFICE Item No. 3
AUG 02 2023
City of South Gate
CITY COUNCIL
ACENIDA BULL
Department Director:
For the R
Ori
Meeting of: August 8, 2023
ent: Public Works
o Cervante Chris Jeffers
SUBJECT: RESOLUTION APPROVING A GRANT OF UTILITY EASEMENT TO
SOUTHERN CALIFORNIA EDISON ON PROPERTY LEASED TO GOALS SOCCER CENTERS, INC. LOCATED THROUGH AND ADJACENT TO SOUTH GATE PARK AT 9599 PINEHURST AVENUE
PURPOSE: To grant an easement to Southern California Edison for utility purposes located at South Gate Park, address 9599 Pinehurst Avenue.
RECOMMENDED ACTIONS: The City Council will consider:
a. Declaring this matter categorically exempt from CEQA; b. Authorizing a twenty-foot-wide easement to Southern California Edison (SCE) for maintenance purposes located at 9599 Pinehurst Avenue; and c. Authorizing the City Manager to execute a recordable document granting that easement, in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact. This easement is for the benefit of the City's tenant on a portion of the site, and the City will continue to collect rent from that tenant, Goals Soccer Centers, Inc. (Soccer Center).
ANALYSIS: SCE requires a right-of-way easement for maintenance purposes. This easement will grant access rights to existing utility facilities which were previously installed to supply utility service to that portion of the property used by the Soccer Center. SCE has indicated it intends to relinquish an existing unused easement after this easement is executed and recorded.
BACKGROUND: On March 24, 2009, the City approved a certain agreement entitled "Ground Lease Agreement" (Lease) with Soccer Center, dated June 1, 2009 for a portion of the South Gate Park property. A historic overhead easement existed that the City has previously granted to SCE (1948 easement).
In the early 1990s, City had requested that SCE relocate certain overhead transmission lines over the property, which had originally been installed pursuant to the 1948 easement. In the same decade, those lines were relocated and other improvements were made, but the new utility location was not memorialized with a new easement.
AS13772.0860872 4866-4472-1777vl
22 Subsequent to the execution of the Lease, Soccer Center constructed certain facilities and utility conduits which were approved and finalized by City's Planning and Building Departments. The utility conduits are in close proximity to the relocated SCE lines.
SCE has asked the City to execute documents necessary to formalize SCE's rights as to the current utility path by an easement for maintenance purposes pertaining to the existing facilities.
Soccer Center has executed a Subordination Agreement to this grant of easement in favor of SCE. The easement benefits the property and the Lease in the provision of utility services.
ATT ACHMENTS: A.
B.
C.
Proposed Resolution
Grant of Easement
Map of Grant of Easement
LO:lc
AS13772.0860872 4866-4472-1777vl
23 Attachment A
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH GATE, STATE OF CALIFORNIA, APPROVING A
GRANT OF UTILITY EASEMENT TO SOUTHERN
CALIFORNIA EDISON ON PROPERTY LEASED TO
GOALS SOCCER CENTERS, INC. LOCATED THROUGH
AND ADJACENT TO SOUTH GATE PARK AT 9599
PINEHURST AVENUE
WHEREAS, City of South Gate (City) is the owner of certain real property cornrnonly known as South Gate Park located at 9599 Pinehurst Avenue; and WHEREAS, on March 24, 2009, the City approved a certain agreement entitled "Ground Lease Agreement" (Lease) with Goals Soccer Centers, Inc. (Tenant), dated June 1, 2009 for a portion of the property; and
WHEREAS, pursuant to that Lease, Tenant has constructed certain facilities and utility conduits; and
WHEREAS, in 1948 the City granted Southern California Edison (SCE) an overhead easement on the property, pursuant to which SCE installed utility facilities; and WHEREAS, in the 1990s, at the City's request, SCE relocated those facilities to another location on the property outside of the 1948 easement area; and WHEREAS, the Tenant's utility conduits were constructed underground in close proximity to SCE's relocated conduits; and
WHEREAS, SCE has asked the City to execute certain documents to formalize SCE's rights to access its relocated utility facilities by granting a new easement pertaining to that portion of the property in which those SCE facilities are now located.
NOW, THEREFOR BASED ON THE FACTS SET FORTH ABOVE, THE
COUNCIL OF CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The facts set forth in the recitals above are true and correct and ore incorporated herein by this reference.
SECTION 2. The California Environmental Quality Act ("CEQA"), codified at California Public Resources Code §§ 21000 et seq., requires the City to consider the potential environmental impacts of any project which the City is asked to approve. State regulations known as the "CEQA Guidelines", codified at Division 6 of Title 14 of the California Code of Regulations, provide a number of "categorical exemptions" for activities which are not deemed to be projects under CEQA or which are otherwise not subject to CEQA. In the present case, the matter before the City AS13772.0860872 4876-7861-7969vl
24 Council is exempt from CEQA pursuant to a Class I exemption set forth in Section 15301 of the CEQA Guidelines. Class 1 exemptions apply to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Examples of Class l exemptions are existing facilities for electrical power and public utility services. Here, the easement in question pertains to existing electrical power and public utility facilities, so the granting ofthe easement contemplated here is categorically exempt and not subject to CEQA.
SECTION 3. The City Council hereby approves and authorizes the City Manager, in consultation with the Public Works Director, to execute and deliver the Grant of Easement substantially in the form set forth in Attachment "B" to this Resolution, and to make :[urther non- material revisions in consultation with the City Attorney as necessary to effectuate the intent and purpose of this resolution.
SECTION 4. The City Council hereby further authorizes the City Manager to accept an easement reconveyance from SCE for the 1948 overhead utilities easement in accordance with this resolution.
SECTION 5. The City Clerk shall certi'ty to the adoption of this Resolution, which shall be effective upon its adoption
PASSED, APPROVED and ADOPTED this 8'h day of August 2023.
CITY OF SOUTH GATE:
BY:
Chris Jeffers, City Manager
ATTEST:
By:
Yodit Glaze, City Clerk
APPROVED AS TO FORM:
By: /s/ Ken Trurnkul
OMLO, Special Counsel
AS13772.0860872 4876-7861-7969vl
4 25
ATT ACHMENT "B" TO RESOLUTION
AS13772.0860872 4876-7861-7969vl
i6'=26
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY - 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & VALUATION
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EA8F,MENT
DOCUMENT ARY TRANSFER TAX $ SER. 68879A
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF EDISON CO
WO 800449888
Approved
Corporate Real Estate
Department
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME BYL8/kw DATE 06110110I 11122)18
Location: City of South Gate
A.P.N. 6222-023-900,
6222-021-900
RP File: ACQ200768453
8CE Doc: 514208
THE CITY OF SOUTH GATE, a municipal corporation, hereinafter called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "Grantee", all those certain permanent and exclusive easements and rights of way to construct, operate, use, maintain, alter, add to, reconstruct, enlarge, repair, renew, replace, inspect, improve, interset, relocate and/or remove, at any time and from time to time, electrical underground systems and communication systems, hereinafter referred to as "systems', consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for conveying electric energy to be used for light, heat, power and for transmitting intelligence by electrical means and/or other purposes, in under, on, over, along and across a strip of land of twenty (20.00) feet wide, hereinafter referred to as "Right of Way Strip", lying within that certain real property of the Grantor, situated in the County of Los Angeles, State of California, described as follows:
A portion of Lots 4, 7 and 9 of Tract Map No. 1471, filed in Book 18, Page 167 of Maps in the Office of the County Recorder of said County.
The said twenty (20.00) foot wide
more particularly depicted on the Exhibit
part hereof.
"Right of Way Strip" is described on the Exhibit "A", and "B", both attached hereto and by this reference made a Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.
Grantee shall have the right to use existing roads on lands of Grantor within and/or adjoining said right of way strip, as shall be necessary or convenient to Grantee's access to and use of its right of way strip located on the lands of the Grantor or lands of others, and the right to use all 27 Grant of Easement
City of South Gate, a municipal corporation, to
S. C. E. Co., a corp.
Serial No. 68879A
RP FILE: ACQ200768453
necessary and convenient means of ingress and egress from said right of way strip from the public highway most convenient thereto, for the uses and purposes and the exercising of the rights herein granted. In the event alternate public roads are constructed which, in the opinion of Grantee, will provide Grantee with access to said right of way strip as convenient and adequate as that which Grantee may then be using, Grantee agrees to quitclaim any such portion or portions of the access roads no longer required hereunder as may be determined by Grantee.
Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to clear and to keep clear said right of way strip, free from explosives, buildings, structures, equipment, brush, combustible material and any and all other obstructions of any kind, including but not limited to planter boxes, walls, fences (other than farm, grazing or pasture fences) and earth fill, (except as herein provided) and the right to trim or remove any tree, tree root, vine or shrub which in the opinion of Grantee, may endanger said electric lines or any part thereof or interfere with the exercise of the rights herein granted.
Grantor shall not excavate or change, nor permit the excavation or changing of the surface of the ground within said right of way strip without the previous written consent of Grantee.
Grantor reserves for Grantor and Grantor's heirs and assigns, across (but not longitudinally along) said right of way strip, rights for (1) underground water pipelines, (2) farm, grazing or pasture fences, and (3) roads, provided, however that the exercise of such rights does not interfere with or endanger, in the opinion of the Grantee, the operation or maintenance of the said systems of Grantee, or Grantee's ready access to its said systems, or the exercise of any of the rights herein granted to Grantee
It is further understood and agreed that no other easement or easements shall be granted on, under or over said right of way strip by Grantor to any person, firm or corporation without the previous written consent of Grantee.
The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the heirs and assigns of the Grantor and the successors and assigns of the Grantee.
IN WITNESS WHEREOF, Grantor has caused this
thereunto duly authorized, this day of
instrument to be executed by its officers
20 THE CITY OF SOUTH GATE,
a municipal corporation
BY
Name Chris Jeffers
Its City Manaqer
BY
Name Yodit Glaze
tts City Clerk
-2-
28 Grant of Easement
City of South Gate, a municipal corporation, to
S. C. E. Co., a corp.
Serial No. 68879A
RP FILE: ACQ200768453
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
before me,On , a Notary Public,
personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acla'iowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
-3-
29 Grant of Easement
City of South Gate, a municipal corporation, to
S. C. E. Co., a corp.
Serial No. 68879A
RP FILE: ACQ200768453
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On beforeme, , a Notary Public,
personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
-4-
30 BXHIBIT "A"
LEGAL DESCRIPTION
SERIAL No, 68879A
THAT CERT AIN REAL PROPERTY IN THE CITY OF SOUTH GATE, COtJNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
20.00 WmE UNDERGROUND EASEMENT
THAT PORTION OF LOTS 4,7 AND 9, OF TRACT MAP No. 1471, FILED IN BOOK 18, PAGE 167, OF MAJ'S, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN A STRIP OF LAND 20.00 FEET WIDE, THE CENTERLINE IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE CENTERLINE INTERSECTION OF PINEHURST AVENUE AND TWEBDY BOULEV ARD, SAID POINT BEARS SOUTH 08ol l '30" WEST, 1790,54 FEET, ALONG SAID CENTERLINE OF PINEHURST AVENUE FROM THE
CENTERLINE INTERSECTION OF SAID PINEHURST AVENUE AND SOUTHERN AVENUE AS SHOWN ON TRACT MAP No. 12745, Fn,ED IN BOOK 241, PAGE 50, OF MAPS, IN THE OFFICE OF SAJD COUNTY RECORDER;
THENCE NORTH 56o02'22" WEST, 1866.08 FEET, TO THE TRUE POINT OF BBGINNING OF THIS DESCRIPTION;
THENCE SOUTH 83o34'l8" EAST, 77.75 FEET;
THENCE NORTH 73o50'07" EAST, 176.56 FEET;
THENCE NORTH 64o04'08" EAST, 215,00 FEET;
THENCE NORTH 71o42'28" EAST, 185.98 FEET;
THENCE NORTH 77ol 1'l2" EAST, 392.70 FEET;
THENCE SOUTH 85ol7'47" EAST, 62,21 FEET;
T}IENCE SOUTH 85o29'39" EAST, 113.13 FEET;
THENCE NORTH 60oOl '44" EAST, 36.86 FEET;
THENCE NORTH 88o30'21" EAST, 41.16 FEET;
THENCE SOUTH 82o54'l8" EAST, 393.42 FEET, TO A POmT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET, A
RADI AL LINE TO SAID CURVE THROUGH SAID POINT BEARS SOUTH 1 4o21 '23" WEST;
THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 36,49 FEET, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83o37'53";
THENCE NORTH 09o21'28" EAST, 99.83 FEET, TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADnJS OF 25.00 FEET, A
RADI AL LINE TO SAID CURVE THROUGH SAID POINT BEARS NORTH 72o43'3l " WEST;
THENCE NORTHEASTERLY AND EASTERLY 40.85 FEET, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93o37'05";
THENCE SOUTH 81o48'30" EAST, 3.70 FEET, TO A POINT ON THE WESTERLY LINE OF SAID PINEHURST AVENUE, SATD POINT BEARS SOUTH 12o48' 15" WEST, 373.06 1 /O 31
EXHIBIT "A"
LEGAL DESCRIPTION
SERIAL No. 68879A
20.00 WIDE UNDERGROUND EASEMF,NT CONTINUED
FEET, FROM SAID CENTERLINE INTERSECTION OF SAID PINEHURST AVENUE ANDSOUTHERN AVENUE.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHBNED OR SHORTENED
TO TERMINATE ON THE EAST LINE OF HILDRBTH AVENUE AND THE WEST LINE OF PINEHURST AVENUE.
ALL FOUND MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, COURSES, ETC, ARB AS SHOWN ON EXHIBIT "B" ATTACHED HEREWITH AND MADE A PART
HEREOF,
BRIAN W. MOORB. P.L.S. No. 7533
SOUTHERN CALIFORNIA EDISON COMPANY
B 'kA 7693
2 32
PORTION OF LOTS 4, 7 & 9 0F TRACT MAP N0, 1471, M,B. 18/167, DETAIL(NTS) CITY 01F6SOUTH GAT,E,LOS ANGELES couxry, STATE o: c;,Di.-ir3/o,e:ibEBAR @(,%%so%"fflNw"%,i,,,c' MOORE :I 15 "' 17 § -A ""
* He. 75&9 *
'>%f. cht%*"'
R2 /
I 30o ' \C/L SOUTHERN AVE3014
/ 0 10T 1
<o Su'> y N'LY LINE OF LOT 1 0FE ; < TRACT MAP 12745, M.B. 241 /50Icsi iD= ,
fig S ,
O- Th (i:+
('Ej!>l 'r>' or, rn h" i p wi rnxir xiri rar: @of S- % " ' "" "' """" "" ""' , -=+- u ACCEPTED AS INTER, OF PINEHURST / '7"-o fiN"'Ez AVE-&SOUTFIE.RNAVE-PERTRACT/ ; g, g MAP 12745, M.B. 241/50 ,,2 /i' + Y 9
n /) J / L3;4r8 13 '
a y "'! C/LOF20' fx"i'LOT'-7 da- < R SCE u.c. T/L " "CL == 5 Il*Oa 10 12CL LJ 6 o
(l Orc 5 '/iCl
LJ _I__ 4 __0 Li
n _.196' 3 /53 '1 a ;'
I o- ff ' " w
a />@ W9 > * u'> 0N
7 ,- lu
4% D;"i '),k a9- i\ x,' >
T.P.O.B. 2 8 3\" APN 6222-023-900 'o 'Q :a 'S ts.
'NO. BEARINGS/CURVE DATA DISTANCES !a "" ""'O_.(N
< -1-2 N 56'02'22" W 1866,08' (TIE#1) RADIAL DATA: ,
2-3 S 83'34'18" E 77.7E+' R1:S 14'21'23" W e <
<_>313-4 N 73'50'07" E 176.56' S R2:N 72'43'31" W <
4-5 N 64'04'08" E 215,00' "'- 0 300 600 <c - y I "-A - i -l- -l) r' 4 - = A-l . = - . . Q_ rY g:
:') - n IN / I 4/ / r! t I Pn. !-!ffl _ a - " " "affi Ll Th € I 6h;Na7a7'1a1'lo2"Eo { -j+g+zaiaaa7*ot X ScALE'NFEET ' u""a"aJ"- 78I98 Ss 8855:1279J4379':' EE Z 11632.'l231" ;" m
g-io N aoaoi'++" E 36.86' LEGEND: ! :; - g',- N.j
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34 CITYMANAGiER'S OFFICE
AU(, D 1 2023 Item No. 4
City of South Gate
CITY COUNCIL
AGENDA BULL
For the R
Originating
Meeting of: August 8, 2023
ent: Human Resources
Human Resources Director:
amilton
Ci0 Matxager:
SUBJECT: RESOLUTIO AMENDING RESOLUTION N0. 6454 (SALARY
RESOLUTION AND POS ON CLASSIFICATION PLAN) TO CREATE THE
POSITION OF MARKETING AND COMMTJNITY ENGAGEMENT MANAGER AND
TO RECLASSIFY A MANAGEMENT ANALYST POSITION TO A COMMUNITY ENGAGEMENT MANAGEMENT ANALYST; APPROVE THE JOB CLASSIFICATION
SPECIFICATIONS FOR THE POSITIONS OF MARKETING AND COMMUNITY
ENGAGEMENT MANAGER AND COMMUNITY ENGAGEMENT MANAGAGEMENT ANALYST; TO APPROVE THE .=!U)JUSTMENT OF THE SALARY PAY TABLE TO
ADD THE RESPECTIVE SALARY RANGE AND THE SALARY PAY TABLE FOR THE
MARKETING AND COMMUNITY ENGAGEMENT MANAGER AND COMMUNITY ENGAGEMENT MANAGEMENT ANALYST; AND TO ELIMINATE THE
MANAGEMENT ASSISTANT POSITION IN THE CITY MANAGER'S OFFICE PURPOSE: To create the Marketing and Community Engagement Manager position, to reclassify a Management Analyst position to a Community Engagement Management Analyst position; to approve the job specifications for the Marketing and Community Engagement Manager and Cotnmunity Engagement Management Analyst positions in the City Manager's Office; to add the two job classifications to the respective salary ranges and salary pay table; and to eliminate the Management Assistantposition inthe City Manager's Office at the City Manager's discretion if the position becomes vacant.
RECOMMENDED ACTION: The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) by creating the position of Marketing and Community Engagement Manager, reclassifying a Management Analyst to a Community Engagement Management Analyst. The City Council will also consider approving the Job Classification Specifications for the two positions: Marketing and Community Engagement Manager classification and Community Engagement Management Analyst in the City Manager's Office. Additionally, the City Council will consider updating the Salary Pay Table for the City of South Gate Professional and Mid-Management Association (PMMA) by adding the Marketing and Community Engagement Manager at Pay Scale 616 ($6,839 - $8,313 monthly), an Exempt Classification, and the Community Engagement Management Analyst at Pay Scale 610 ($6,362 - $7,733 monthly), aNon-Exempt Classification. Finally, the City Council will consider authorizing 1 35
the City Manager to eli'i'ninate the Management Assistant position in the City Manager's Office if tl'ie position becomes vacant.
FISCAL IMPACT: The cost to add the Marketing and Cornrnunity Engagement Manager is estimated to be $133,000 annually, which includes the cost of benefits. The reclassification of tlie Management Analyst to Coinmunity Engagement Management Analyst position will not result in any additional impacts to the 2023/2024 Fiscal Budget because both the Management Analyst position and the Coinmunity Engagement Management Analyst are at the same Salary Range. The elimination of the Management Assistant position, however, will result in an estimated annual off- setting savings of $111,000, which includes the cost of the salary and benefits. The cumulative result of the actions requested to be approved herein will result in a slight increase to the 2023/2024 Fiscal Budget of approximately $15,000 depending on when the Community Engagement Manager and Analyst positions are filled after open recruitment process.
PROCEDURAL STEPTS: This matter first came before City Council on March 24, 2023, during the Regular City Council Meeting and, after consideration, the City Council directed staff to explore the impacts of the creation of the Community Engagement positions in relation to other positions in the City Manager's Office. The Director of Human Resources met with PMMA to discuss City Council's concerns brought up during the Marcl'i24, 2023, Regular City Council Meeting. After an extensive conversation, both agreed to resubmit the matter to City Council on April 11, 2023.
The matter came again before the City Council on April 11, 2023, during the Regular City Council Meeting, for consideration and approval. However, during public comment on the item, PMMA requested that the item be continued so that some additional concerns could be addressed. After discussion and consideration, the City Council continued the item to a future date to allow the additional concerns of PMMA to be addressed with City staff.
On Thursday, April 13, 2023, the City Manager, the Director of Human Resources, the President, Vice President, and a Board Member of PMMA met to discuss its concerns with the Cornrnunity Engagement positions in relation to its impacts with other positions in the City Manager's Office.
During this meeting, an agreement was reached wherein PMMA would create a complete written list of its members' concerns, submit that list to the City Manager for his consideration, and then all impacted stakeholders would meet. PMMA provided that written list and a meeting was scheduled.
On Wednesday, May 24, 2023, the City Manager, the Director of Human Resources, the President and Vice President of PMMA, the President of the Miscellaneous Employees Association (MEA), a representative firom the Service Employees International Union (SEIU) representing the interests of both PMMA and MEA, and the City Manager's entire staff met for more than two (2) hours to discuss the impacts and changes that would occur in the City Manager's Office as a result of the creation of the Community Engagement division. Every individual at the meeting had an opportunity to be heard and his/her concerns addressed. The Director of Human Resources, PMMA and SEIU met as recently as July 13, 2023, to continue the discussions regarding other impacted positions.
2 36
Since this matter was first submitted to the City Council, the Director of Human Resources has met personally with all three PMMA members (Executive Assistant to tlie City Manager, Executive Assistant to the City Attorney, and the Acting Management Analyst) for each of them to address their respective concerns. Furthennore, tlie Director of Human Resources, PMMA Board Members, and a representative from SEIU have talked and met on multiple occasions to address each of the concerns raised by its members and provided as much information to resolve, mttigate, and/or eliminate such concerns.
While the meet and confer process continues with other positions in the City Manager's Office, on June 14, 2023, PMMA sent a written confirmation to the Director of Human Resources that it is in agreement with moving the Coininunity Engagement positions forward for consideration by City Council for approval of the two Community Engagement positions. This is due to their concerns being addressed within the meet and confer meeting and the operations being performed are within another separate division of the City Manager's Office. (See attached Exhibit "D") The Human Resources staff worked with the City Manager's Office to develop the job classification specifications for the Marketing and Community Engagement Manager and the Community Engagement Management Analyst. Staff also worked extensively with the PMMA and SEIU to review the new job specifications and, after a comprehensive meet and confer process conducted in good faith, all agreed to move this matter forward for consideration and approval by City Council. PMMA recognizes the Community Engagement positions are a separate division of the City Manager's Office and thus the Community Engagement functions will have little impact on the meet and confer process with the other positions in the City Manager's Office.
ANALYSIS: The City Council has established a city goal of enhancing communications both internally and externally, along with fiscal sustainability and workforce development. This proposed change will asSist the organization in all three elements. First, by adding more resources to the communication efforts, we will make significant advances to better communicate with all stakeholders. It is anticipated that internal candidates will apply for one or both of these positions, which will continue workforce development opportunities. Finally, if the overall restructuring plan presented by the City Manager is adopted, there will be significant savings achieved.
The Marketing and Community Engagement Manager will be responsible for developing, coordinating, and implementing a public information, marketing, and/or education strategy that has Citywide impact. The position will also be responsible for, oversee, and maintain all City cornrnunication tools, which include, but are not limited to, social media and the City's website.
The Marketing and Community Engagement Manager will maintain the City's online presence, implement engagement programs, and structure an organizational marketing and media strategy.
This position will coordinate interdepartmental efforts to ensure that accurate information is distributed in a consistent manner across a myriad of media including, but not limited to, web, print, broadcast, and social media. The Marketing and Comi'nunity Engagement Manager assist in a variety of other special studies, research, reviews or projects from areas associated with comi'nunication to support directives give by the City Council and at the direction from the City Manager. This position will be assigned to Salary Range 616 ($6,839 - $8,313 per month), which is consistent with what similar positions pay in other cities and is FLSA Exempt. This position shall be represented by PMMA.
3 37
The Comi'nunity Engagement Management Analyst will conduct administrative studies and analysis as the direction of the Marketing and Comi'nunity Engagement Manager and/or City Manager. This position will develop inforination brochures, stories and other media to inforin the public of City actions, accomplisi'nents and/or events. The Community Engagement Management Analyst will act as staff support to the City Manager and in the support of the Marketing and Community Engagement Manager's responsibilities. The position will be assigned to the same salary range as other Analysists, Salary Range 610 ($6,362 - $7,733 per month) and is FLSA Non- Exempt. This position shall be represented by PMMA. The rationale for reclassifying the Management Analyst position to the Community Engagement Management Analyst is so that the recruiting efforts are specifically targeted in acquiring a qualified candidate to meet the City's comi'nunity engagement needs.
BACKGROUND: Under the Meyers-Milias-Brown Act (MMBA), a public employer is required to meet and confer with the recognized labor Association/Union on any matters relating to terms and working conditions of those positions which it represents. This includes proposed changes to or creation of new job specifications of positions of which the Association/Union represents. In this case, the positions of Marketing and Community Engagement Manager and Community Engagement Management Analyst are new, with the reclassification of the Management Analyst to the Corni'nunity Engagement Management Analyst and the elimination, if vacated, of the Management Assistant in the creation of the Marketing and Cominunity Engagement Manager.
PMMA is tlie recognized union who represents the interests of the two Coinmunity Engagement positions now before the City Council for approval, as well as three other positions in the City Manager's Office: the Executive Assistant to the City Manager, the Executive Assistant to the City Attorney, and the Acting Management Analyst.
ATTACHMENT: Proposed Resolution (including job specifications and salary pay table), and PMMA email.
4 38
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION AMENDING RESOLUTION N0. 6454 (SALARY RESOLUTION
AND POSITION CLASSIFICATION PLAN) BY CREATING THE POSITION OF
MARKETING AND COMMUNITY ENGAGEMENT MANAGER,
RECLASSIFYING A MANAGEMENT ANALYST POSITION TO A
COMMUNITY ENGAGEMENT MANAGEMENT ANALYST, APPROVING THE
JOB CLASSIFICATION SPECIFICATIONS FOR THE POSITIONS OF
MARKETING AJ'STD COMMUNITY ENGAGEMENT MANAGER AND
COMMUNITY ENGAGEMENT MANAGAGEMENT ANALYST, APPROVING THE ADJUSTMENT OF THE SALARY PAY TABLE TO Al)D THE
RESPECTIVE SALARY RANGE AND THE SALARY PAY TABLE FOR THE
MARKETING AND COMMUNITY ENGAGEMENT MANAGER AND
COMMUNITY ENGAGEMENT MANAGEMENT ANALYST, AND TO
ELIMINATE THE MANAGEMENT ASSISTANT POSITION IN THE CITY
MANAGER'S OFFICE
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 create the position of Marketing and Community Engagement Manager and reclassify an existing Management Analyst position to a Community Engagement Management Analyst;
WHEREAS, the City desires to approve the job classification specifications for the positions of Marketing and Community Engagement Manager and Community Engagement Management Analyst in the City Manager's Office;
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 Marketing and Community Engagement Manager and Community Engagement Management Analyst; WHEREAS, the City and PMMA have meet and conferred on the two positions and PMMA has indicated their approval for the proposed job specification and salary pay table modifications and request the City Council approve the requested recommendation; and WHEREAS, the City desires to provide the City Manager the authority to eliminate the position of Management Assistant in the City Manager's Office, if it becomes vacant after the open recniitment process related to the Community Engagement Manager and Analyst positions. 39 NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council does hereby approve the creation of the Marketing and Community Engagement Manager position and the reclassification of an existing Management Analyst to a Community Engagement Management Analyst in the City Manager's Office.
SECTION 3. The City Council hereby approves and adopts the proposed amendments to the City's Salary Resolution and Position Classification Plan to incorporate the job classification specifications for the positions of Marketing and Community Engagement Manager and Community Engagement Management Analyst.
SECTION 4. The City Council does hereby authorize the City Manager to eliminate the Management Assistant position in the City Manager's Office if it becomes vacant.
SECTION 5. The City Council hereby approves and adopts the proposed job classification specification for the Marketing and Community Engagement Manager, attached hereto as Exhibit "A" and the Community Engagement Management Analyst job classification specification, attached hereto as Exhibit "B."
SECTION 6. The City Council does hereby approve and adopt the proposed Salary Pay Table attached hereto as Exhibit "C."
[Remainder of page left blank intentionally.]
40 SECTION 7. The City Clerk shall certi:[y to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 8'h day of August 2023.
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
Raul F. Salinas, City Attorney
41 Ciffl of South Gate
CLASS SPECIFICATIONS AND ATTRIBUTES
MARKETING AND COMMUNITY ENGAGEMENT MANAGER
(Exempt FLSA Status)
DESCRIPTION
Under the general direction of the City Manager, the Marketing and Community Engagement Manager is an advanced-level profession that is responsible for developing, coordinating, and implementing a public information, marketing, and/or education strategy that has Citywide impact. The position is responsible for, oversees, and maintains all City communication tools, including social media and the City's website; maintain online presence; coordinating interdepartmental efforts to ensure accurate infoimation is distributed in a consistent manner across a myriad of media including web, print, broadcast, and social media; structuring an organizational marketing and media strategy; implementing engagement programs.
The position will also assist in a variety of other special studies, research, reviews, or projects assigned by the City Manager from time to time. These projects, studies, or reviews can range from areas associated with communicationto directives given by the City Council as a body at regular Council meetings as related to the duties described herein.
CLASS C:FUURACTERISTICS
The Marketing and Community Engagement Manager is an advanced level professional position providing key support to the City Manager. This position is distinguished from other Analyst's positions in that it may supervise staff, overseeing and coordinating communication, undertaking projects, special studies that will and may cross departmental boundaries. The incumbent needs to excel in communication skills, use independent judgement and decision-making skills, requires patience, tact, and persuasion in dealing with public, staff, community groups, media representatives, and outside governrnental entities. Fluency with digital tools including, but not limited to, Adobe Creative Suite (such as Photoshop, InDesign, Lightroom and Prerniere), Google analytics, and all the major social media platforms (Twitter, Instagram, Facebook, Linkedln).
SUPERVISION EXERCISED
Supervise Community Engagement and Management Analyst, interns, clerical staff and other staff as assigned.
ESSENTIAL FUNCTIONS
Essential fimctions may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties pedormed by incumbents of this class; employees may be assigned duties which are riot 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. Essential duties and responsibilities may include, but are riot limited to, the following:
Plans, organizes, controls, integrates, and evaluates communication activities and operations; develops, implements, and monitors long-term plans, goals, and objectives focused on achieving the Department's and City Council mission and priorities; manages and directs the development, implementation, and evaluation of plans, policies, systems, and procedures to achieve annual goals and work standards.
Responsible for the facilitation of City-wide communications and information dissemination from the City Manager and other departments; Possesses skills in creating and driving strategic communication and broad 42 MARKETING AND COMMUNITY ENGAGEMENT MANAGER (cont.) 2 strategic communications initiatives and messages through multiple channels, delivering and assessing effectiveness of public information across multiple platforms, including social media.
Directs the design and implementation of marketing and advertising campaigns to promote City services, activities, programs, and special events.
Collaboratively develops, maintains, and promotes the City's brand.
Coordinates content of press releases, City website information, electronic communication, and newsletters; prepares speeches, responses, and related materials for public information purposes.
Prepares the annual budget for the division, department, or city; monitors and controls the budget; conducts forecasting and research.
Project Management; plans and directs activities of multi-faceted city-wide project of a limited duration; evaluates progress and resolves difficulties including those crossing departmental lines; provides project leadership and advice to committees; provides technical direction and expertise related to project; manages and directs the work of project staff including vendors, subcontractors, and City personnel.
Conducts research and analyzes data; makes recommendations on administrative and operational problems, policies, and procedures; modifies corninunication, advertising and outreach methods as necessary.
Develops comprehensive strategic communication programs that include City strategic plan goals and objectives; primary messages, research, strategy, tactics, and budget; develop and facilitate outreach, public awareness campaigns, and special communications and media projects.
Attends and represents the City in community, interdepartmental, interagency, and professional meetings. 0UAI,IFICATIONS
Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education and Experience
Graduation from an accredited college or university with Bachelor's Degree in communication, journalism, business administration public administration, or a closely related field and three (3) years of progressively responsible communications, public relations, policy analysis, or work in the City Manager's Office.. A Master's Degree is desirable.
LICENSE/CERTIFICATES
Possession of a valid California State Class C Driver's License and a satisfactoiy driving record is required at time of appointment and throughout employment in this position.
KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of: Operational characteristics, services, and activities of a comprehensive cornrnunication program for a municipal operation; social media, website management, emergency information on complex, and historical perspective of the organization.
Ability to: Exercise tact, diplomacy, and discretion in dealing with highly sensitive, complex, confidential, and controversial isSues and situations; navigate sensitive political environments; utilize City specific technology and general office software; exercise independent judgement within general policy guidelines; communicate effectively, both verbally and in writing, present information clearly and persuasively to the public, departments, City Council and in public settings; prepare clear, concise, and comprehensive correspondence, reports, studies, and other written materials; undertake research techniques, analyze data, 43 MARKETING AND COMMUNITY ENGAGEMENT MANAGER (cont.) 3 interpret infoimation, and stiucture the infoimation into reports with conclusions and recommendations.
Skills: In critical thinking and problem-solving, making recommendations on complex community and intergoveininental relations, community relations, media relations, community outreach, and public affairs issues and strategies. Ability to fluently speak, read and write in Spanish is highly desirable.
AJ)DITIONAL INFORMATION:
CAI,IFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to this position is subject to ei'irollment 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 conditions herein 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 perfoim the essential job functions.
Physical - Sufficient physical ability to work in an office setting with some travel to attend meetings sit, stand, walk, reach twist, turn, knee, bend, squat, and/or stoop for prolonged periods of time; lifting up to 25 lbs.; perform duties requiring grasping, repetitive hand movement, and fine coordination; and operate office equipment.
While performing the duties for this class, the employee is regularly required to used oral and written communication skills; read and interpret complex data; thoroughly analyze and solve problems; exercise sound judgement in the absence of specific guidelines; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently, meet intense and changing deadlines given continual interniptions; and interact with staff, management, contractors, vendors, and others encountered in the course of work.
Vision - See in the normal visual range with or without correction; vision sufficient to read computer screens and printed documents and to operate office equipment. Hearing in the noimal audio range with or without correction.
Environment - Standard office setting; interact with officials, City Staff, employees, other government officials and the public. Attends evening meetings and may be contacted during off work hours due to the need to communicate to the public during emergency operations or other critical incidents.
MARKETING & COMMUNITY ENGAGEMENT MANAGER
Created, 08/08/2023
44 City of South Gate
CLASS SPECIFICATIONS AND ATTRIBUTES
COMMUNITY ENGAGEMENT MANAGEMENT ANALYST
DESCRIPTION
Under general supervision, performs varied and complex professional and administrative work; conducts administrative studies and analysis. Develop informational brochures, stories and other actions used to inform the public of City actions, accomplishments and/or events. Acts as staff support to the City Manager and in the support of the Marketing and Corninunity Engagement Manager's responsibilities; and performs related work as assigned.
CLASS CHARACTERISTICS
The Community Engagement Management Analyst is journey level classification. Under general supervision, incumbents perform a full range of analytical duties, community information activities which support a specific department and/or the entire City organization.
SUPERVISION RECEIVED
Works under the direct supervision of the Marketing and Community Engagement Manager.
ESSENTIAL FTJNCTIONS
Essential functions may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties 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. Essential duties and responsibilities may include, but are not limited to, the following:
Research, analyze data, and prepare recommendations in written or oral form to the City Council, City Manager, Marketing and Cornrnunity Engagement Manager, or other staff.
Drafts, reviews and finalizes staff reports, agreements, resolutions, correspondence proclamations, and memorandums.
ASSiStS in budget preparation, expenditure monitoring, and routine performance measiu'ement monitoring.
P rimary Staff Liaison to the Tweedy Mile Business Improvement District Advisory Board.
ASSiStS in the development and implementation of City programs; ASSiSt in development and posting of community engagement irfformation on various city platforms.
Reviews and provides recommendations to improve departmental operating efficiencies.
ASSiStS in the development of written policies, processes and procedures; ASSiStS with implementation of and compliance monitoring for contracts.
Attends Council or Commission meetings when assigned.
Provides infornnation on City services, policies and procedures to departments, other agencies and/or citizen 45 COMMUNITY ENGAGEMENT & MANAGEMENT ANALYST (cont.) 2 groups; Prepares written communications regarding City programs, policies or activities for public dissemination.
hi limited situations, may serve as a liaison between City staff and outside agencies or contractors, consultants and vendors.
Tracks and reviews legislation that could affect the City or department; Writes legislative correspondence Writes RFPs and/or RFQs for professional services; Writes and administers grants.
May make oral presentations to the City Council, Cornrnissions, or to the public.
May serve as a team leader/project manager or member of City task forces organized to address problems or issues related to governmental activities or community concerns.
May represent the City Manager's Office at meetings involving other City Departments, governmental orgaruzations or community groups.
Performs other related duties as assigned.
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
Graduation from an accredited college or university with a Bachelor's degree in public administration, business adininistration, finance or a related field AND two (2) years of increasingly responsible, related professional experience. A Master's degree in related field is desirable.
License Req.uirement
Possession of a valid Califoria 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 of public administration; research, statistical analysis, and report preparation; organization and functions of the assigned municipal department and municipal government overall; ; evaluation techniques and organizational principles; applicable federal, state andlocal laws, codes, and regulations; ; modern office practices, procedures and equipment, including word processing and computer applications (Word, Microsoft Outlook, Excel, PowerPoint, etc.), knowledge of various social media platforms (Facebook; Twitter, etc.)..
Ability to: perfomi 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.
Skills: Ability to fluently speak, read and write in Spanish is highly desirable. 46 COMMUNITY ENGAGEMENT & MANAGEMENT ANALYST (cont.) 3 Al)DITIONAL 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
Physical - Sufficient physical ability to work in an office setting with some travel to attend meetings sit, stand, walk, reach twist, turn, knee, bend, squat, and/or stoop for prolonged periods of time; lifting up to 25 lbs.; perfomi duties requiring grasping, repetitive hand movement, and fine coordination; and operate office equipment.
While performing the duties for this class, the employee is regularly required to used oral and written communication skills; read and interpret complex data; thorougbly analyze and solve problems; exercise sound judgement in the absence of specific guidelines; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently, meet intense and changing deadlines given continual intermptions; and interact with staff, management, contractors, vendors, and others encountered in the course of work.
Visiort - See in the normal visual range with or without correction; vision sufficient to read computer screens and printed documents and to operate office equipment. Hearing in the normal audio range with or without correction
Environment - Standard office setting; interact with officials, City Staff, employees, other government officials and the public. Attends evening meetings and may be contacted during off work hours due to the need to communicate to the public during emergency operations or other critical incidents.
MARKETING AND COMMUNITY ENGAGEMENT ANALYST
Created, 08/08/2023
13 47
Exhibit "C"
APPENDIX A2
Salary Pay Table
South Gate Professional and Mid-Management Employees Effective 08-08-2023
ExemptClassifications StepA StepB StepC StepD StepE 609 RECREATIONSUPERVISOR 6,278 6,591 6,921 7,267 7,630 613 CUSTOMERSERVICESUPERVISOR 6,641 6,973 7,321 7,687 8,072 615 CODEENFORCEMENTSUPERVISOR 6,751 7,088 7,443 7,815 8,206 1-q_i.g-.;4.<t=rixeacoxxuxrrr"exeaiMex'rues. 6,839 7,181 7,54C!, 7,917 8i313t 617 POLICERECORDSMANAGER 7,220 7,581 7,961 8,359 8,776 617 TRANSPORTATIONSUPERVISOR 7,220 7,581 7,961 8,359 8,776 621 SENIORACCOUNTANT 7,57B 7,957 8,355 8,773 9,211 623 SENIORPLANNER 7,801 8,191 8,601 9,031 9,482
626 EQUIP.MAINTENANCESUPERINTENDENT 8,140 8,547 8,974 9,423 9,894 626 SENIORFINANCIALANALYST 8,140 8,547 8,974 9,423 9,894 628 SENIORENGINEER 8,896 9,341 9,808 10,299 10,814 629 ELECTRIC&GENMAINTSUPERINTENDENT 9,200 9,660 10,143 10,650 11,183 629 STREET&SEWERSUPERINTENDENT 9,200 9,660 10,143 10,650 11,183 629 REVENUEMANAGER 9,200 9,660 10,143 10,650 11183
630 WATERDMSIONMANAGER 10,316 10,832 11,374 11,943 12,540 631 SENIORCMLENGINEER 10,130 10,637 11,169 11,727 12,314 633 CITY"TRAFFICENGINEER 10,637 11,169 11,727 12,314 12,929 634 PRINCIPALCMLENGINEER 10,941 11,488 12,062 12,665 13,298 635 TRAININGMANAGER 7,731 8,117 8,523 8,949 9,397 Non-Exempt Classifications Step A Step B Step C Step D Step E 601 ADMINISTRATIVEASSISTANT 5,333 5,599 5,879 6,173 6,482 601 ASSISTANTPLANNER 5,333 5,599 5,879 6,173 6,482 601 MANAGEMENTASSISTANT 5,333 5,599 5,879 6,173 6,482 606 HOUSING&GRANTSANALYST 5,660 5,943 6,240 6,552 6,879 610 ADMINISTRATIVESERVICESCOORDINATOR 6,362 6,680 7,014 7,365 7,733 610 BuDGET&PAYROLLANALYST 6,362 6,680 7,014 7,365 7,733 1 610 corxxuxrr'rtmeqeeycx"rucr.qaa_ysr _6,362 6,680 7,014 y,sds 7,_7@3 610 HuMANRESOURCESANALYST 6,362 6,680 7,014 7,365 7,733 610 INFORMATIONSYSTEMSANALYST 6,362 6,680 7,014 7,365 7,733 610 MANAGEMENTANALYST 6,362 6,680 7,014 7,365 7,733 611 TRAININGSPECIALIST 6,394 6,714 7,050 7,402 7,772 612 CRIMEANALYST 6,440 6,762 7,100 7,455 7,827
613 PuRCHASINGSUPERVISOR 6,641 6,973 7,321 7,687 8,072 614 ACCOUNTANT 6,708 7,044 7,396 7,766 8,154
615 ASSISTANTENGINEER 6,751 7,088 7,443 7,815 8,206 619 SENIOR ADMINISTRATIVE ANALYST 7,361 7,729 8,115 8,521 8,947 619 PUBLICWORKSSENIORMANAGEMENTANALYS- 7,361 7,729 8,115 8,521 8,947 622 ASSOCIATEENGINEER 7,743 8,130 8,537 8,964 9,412 if-l 48
Exhibit "C" APPENDIX A2
Salary Pay Table
South Gate Professional and Mid-Management Employees Effective 08-08-2023
ExemptClassifications StepA StepB StepC StepD StepE 624 TECHNICALSERVICESMANAGER 7,879 8,273 8,687 9,121 9,577 625 INFORMATION SYSTEMS ADMINISTRATOR 7,879 8,273 8,687 9,121 9,577 632 FAMILYVIOLENCE PROGRAM COORDINATOR 7,213 7,574 7,952 8,350 8,767 632 CRIME SCENE FORENSIC SPECIALIST 7,2al3 7,574 7,952 8,350 8,767 851 EXECUTIVEASSISTANTTOPOLICECHIEF 6,546 6,874 7,217 7,57B 7,957 851 EXECUTIVE ASSISTANT TO CITY ATTY (CONF) 6,546 6,874 7,217 7,578 7,957 851 EXECUTIVEASSISTANT(CONF) 6,546 6,874 7,217 7,57B 7,957 851 EXECUTIVEASSISTANTTOCITYMGR(CONF) 6,546 6,874 7,217 7,578 7,957 49 Exhibit "D"
RE: Community Engagement
Osie Harrell <[email protected]>
Wed 6/14/2023 3:04 PM
To:Jon Hamilton <[email protected]>;Johanna Monterroza <[email protected]>;[email protected] <[email protected]> Hello Jon,
This email is to confirm PMMA's approval for submission of the Community Engagement positons to City Council for its approval. We appreciate the efforts by everyone during the meet and confer process.
Thank you,
W: cityggg
Osie Harrell
Electrical and General Maintenance Superintendent
City of South Gate / Public Works
4244 Santa Ana Street, South Gate, CA 90280
O: (323) 563-5786
E: oliarrell(iDsogate.org
From: Jon Hamilton <[email protected]>
Sent: Monday, June 12, 2023 3:50 PM
To: Johanna Monterroza <[email protected]>; Osie Harrell <[email protected]> Subject: Community Engagement
Hi, Johanna and Osie,
Does PMMA now approve in the submission of the Community Engagement positions to City Council for its approval?
Jon
Respectfully,
[EflTEHNlAl
Jon F. Hamilton
Director of Human Resoxirces
CITY OF SOUTH GATE
8650 California Avenue, South Gate, CA 90280
Phone: (323) 563-9536
Email: JHamilton@sogg
Website: www.cityofsorithgate.org
Job Openings: www.governmentjobs.com/careers/sogate;
I(,, 50
CITfifflANAGER'S OFFICE
AUG 01 2023 Item No. 5
City of South Gate
CITY COUNCIL
AGENDA BULL
For the Regular Meeting of: August 8, 2023
Originating Department: Human Resources
Humaix Resources Director: City Manager:
*amilton Chris J ers
SUBJECT: FISCAL YEAR 2023-24 BUDGET AND PERSONNEL AUTHORIZATION
ADJUSTMENT RELATING TO THE RECEPTIONIST POSITION IN THE CITY
CLERK'S OFFICE FROM AN HOURLY, PART-TIME POSITION TO A FULL-TIME
POSITION
PURPOSE: To upgrade one of the existing part-time the City Hall Receptionist positions in the City Clerk's Office from an hourly, part-time position to a full-time position.
RECOMMENDEDACTION: TheCityCouncilwillconsiderapprovingabudgetandpersoru'iel allocation adjustment to authorize a full-time City Hall Receptionist position in in the City Clerk's Office
FISCAL IMPACT: The upgrading one of the City Hall Receptionist positions from an hourly, part-time position to a full-time position in the City Clerk's Office will result in an aru'iual position cost increase of approximately $53,800 to the City's General Operating Budget. The full cost of the adjustment is $73,650 annually. $19,887 will be transferred within the existing part-time budget for the City Clerk budget to full-time salaries to fi.ind the full cost of the position ($53,800 plus $19,887).
ANALYSIS: Currently the City Clerk's Office has an approved funding and authorization for two part-time City Hall Receptionist positions in the Fiscal Year 2023-24 budget. These two positions staff the Passport Desk and the Information Desk. Based on workload and concerns by several departments, the City Clerk is requesting that the staffing of the Information Desk be upgraded from a part-time position to a full-time position.
The hourly, part-time City Hall Receptionist position in the City Clerk's Office was created to help customers entering City Hall. The City Hall Receptionist sits at a desk located in the middle of City Hall and provides direction to visitors, helps them with the check-in process, schedules appointments, and answers questions and inquiries of anyone entering City Hall. During the normal, part-time, five-hour shift, the City Hall Receptionist assists an average of 85 people per day.
1 51
The presence of the City Hall Receptionist has reduced the number of people entering the City Manager's Office, City Clerk's Office, and/or Finance Department seeking general information, which has increased the efficiency of those in those offices. Additionally, the City Hall Receptionist has facilitated the Community Development Department's and Engineering Division's processes for improved efficiency. However, the counter hours for the Coinmunity Development Department and Engineering Division have expanded, which now creates a need for a City Hall Receptionist to work on a full-time basis to assist the greatest number of visitors coming into City Hall.
Departments have noticed a significant rise in customers approaching those department to seek assistance in answering questions or registering for appointments when the parti-time position at the Infori'nation Desk ends their current shift at 1 pm. At the present time, the Desk is staffed from 7 am to 1 pm. The funding of the Desk 40 hours a week during regular business hours would continue to provide a better customer experience and relive Offices and Departments of internuptions in their nori'nal course of the workday.
ATTACHMENT: None.
2 52
CITYMANAGER'S OFFICE
AUO D 2 2023
Item No. 6
Ciffl of South Gate
CITY COUNCIL
AGENDA BNLL
Department Director:
For the Regular
Ori
eeting of: August 8, 2023
ent: Public Works
City Manager:
ervantes Je ers
SUBJECT: AMENDMENT N0. 4 TO CONTRACT N0. 2021-70-CC WITH HF &H CONSULT ANTS, LLC., FOR SOLID WASTE MANAGEMENT SERVICES PURPOSE: To approve Amendment No. 4 to Contract No. 2021-70-CC with HF&H Consultants (HF&H) to extend the contract term through December 31, 2023 to provide additional services for transition management, coordination services, and services required for compliance with state regulations.
RECOMMENDED ACTIONS: The City Council will consider:
a. ApprovingAmendmentNo.4toContractNo.2021-70-CCwithHF&HConsultants,LLC., to extend the contract term through December 31, 2023, to provide solid waste management services, in an amount not-to-exceed $50,000; b. Authorizing the appropriation of $50,000 from the Re:[use Fund balance to Account Number 413-733-51-6101 as necessary to fund transition and solid waste management expenditures; and
c. Authorizing the Mayor to execute Amendment No. 4 in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact to the General Fiu'id. Amendment No. 4 to Contract No. 2021-70-CC is in the amount of $50,000 and it will be :tunded through the Refuse Collection Fund. The $50,000 appropriation is from the Refuse Fund balance to Account Number 413-733- 51-6101. The total amount of the revised contract is $376,384, inclusive of Amendments Nos. 1, 2, 3 and 4.
ANALYSIS: Contract No. 2021-70-CC with HF&H provides for transition, coordination, and compliance reporting services to comply with SB 1383, AB 1826 and AB 341 as well as to transition from the Waste Management Franchise Agreement to the Universal Waste Systems (UWS) Franchise Agreement. The Agreement expire on June 30, 2023; however, services are recommended to be extended to December 31, 2023 under Amendment No. 4.
The transition to UWS is nearly completed. However, the City continues to meet regularly with UWS to discuss contract implementation, timelines and events. The complexity of the transition has required more involvement by HF&H than originally envisioned. While all parties are working l
53 cooperatively to be prepared for the significant work required in the transition, there is a need for more engagement and review of items to ensure compliance with the agreement between the City and UWS. In addition, the reports need to be filed with CalRecycle for compliance with SB 1383, AB 1826, and AB 341 are turning out to be much more extensive for cities as the state begins its reVleW.
The franchise agreement contains extensive service changes including a cart for new organics collection at residential premises, mandatory commercial recycling, and organics services, as well as many other requirements imposed by SB 1383. HF&H provides the expertise to manage the scope of work required by the franchise agreement and SB 1383. HF&H's continued support and industry knowledge is needed to complete a successful transition and ensure the City's compliance with new state regulations.
Staff will be preparing a Request for Proposal to procure a new contract for solid waste management service that will be needed a'fter the transition is complete. Such services will include those needed to oversee the Franchise Agreement such as for UWS compliance with services stipulated, assist with Regional submittals and State compliance. Amendment No. 4 provides time to prepare and issue the RFP.
BACKGROUND: On May 11, 2021, the City Council approved ContractNo. 2021-70-CC with HF&H for professional services to develop a Request for Proposal and manage the competitive selection process to procure a new franchise agreement in the amount of $150,000. Contract No. 2021-70-CC included a scope of work to negotiate with one solid waste and recycling services provider.
On June 6, 2022, Amendment No. 1 to Contract No. 2021-70-CC was approved administratively in the amount of $13,000 to authorize HF&F to negotiate a "Best and Final" offer with three solid waste and recycling services providers.
On July 12, 2022, the City Council approved Amendment No. 2 to Contract No. 2021-70-CC in the amount of $76,600 for Solid Waste Collector Transition Management Services. The services included necessary oversite of the transition from WM to UWS, SB1383 program development management services, and professional services necessary for compliance with state requirements for AB 341, SB 1383, and AB 1826.
On November 22, 2022, the City Council approved Amendment No. 3 to Contract No. 2021-70- CC in the amount of $86,784 to continue the Solid Waste Collector Transition Management Services up to June 30, 2023.
ATT ACHMENTS:
GD:lc
A. Proposed Amendment No. 4
B. Amendment No. 3
C. Amendment No. 2
D. Amendment No. I
E. ContractNo.2021-70-CC
2 54
Attachment A
Amendment No. 4
Contract No. 2021-70-CC
AMENDMENT N0. 4 TO CONTRACT N0. 2021-70-CC
WITH HF &H CONSULT ANTS, LLC.,
FOR SOLID WASTE MANAGEMENT SERVICES
This Amendment No. 4 to Contract No. 2021-70-CC for Solid Waste Management Services ("Amendment No. 4"), is made and entered into on August 9, 2023, by and between the City of South Gate, a municipal corporation ("City"), and HF&H Consultants, LLC., a California limited liability company ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on May 11, 2021, the City Council approved Contract No. 2021-70-CC with Contractor ("Agreement ") to develop a Request for Proposal and manage the competitive selection process to procure a new franchise agreement for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of One Hundred Fifty Thousand Dollars ($150,000);
WHEREAS, on June 6, 2022, AmendmentNo. 1 was approved administratively to include a scope of work to negotiate with all three solid waste and recycling service provides in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of Thirteen Thousand Dollars ($13,000); WHEREAS, on July 12, 2022, Amendment No. 2 was approved by the City Council to include a scope of work to perform Solid Waste Collector Transition Management Services and CalRecycle regulator compliance assistance for the City in the amount of Seventy-Six Thousand Six Hundred Dollars ($76,600); and
WHEREAS, onNovember 22, 2022, Aanendment No. 3 was approved by the City Council to include a scope of work to perform Solid Waste Collector Transition Management Services and CalRecycle regulatory compliance assistance for the City in the amount of Seventy-Six Thousand Six Hundred Dollars ($86,784); and
WHEREAS, the City and Consultant desire to execute Amendment No. 4 extending the term of the Agreement through and including December 31, 2023, in an amount not to exceed Fifty Thousand Dollars ($50,000), for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 and Amendment No. 4 to a total sum of Three Hundred Seventy-Six Thousand Three Hundred Eighty-Four Dollars ($376,384).
NOW, THEREFORE, the parties hereby agree as follows:
Page I of 3
55 Amendment No. 4
Contract No. 2021-70-CC
SCOPE OF WORK.
The City hereby engages Contractor and Contractor accepts such engagement to perform the services set forth in the Scope of Services as described in "Exhibit A" attached hereto andmade part ofthis ArnendmentNo. 4. The Scope of Services may be mutually amended by both Parties in writing.
TERM OF AGREEMENT.
The term of the Agreement is in effect through the completion of the transition of the new solid waste franchise agreement between the City and the solid waste hauler which transition, and regulatory compliance is estimated to be completed by December 31, 2023.
The term is hereby extended through and including December 31, 2023, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement.
COMPENSATION.
The amount of compensation paid by City to Contractor for the work identified in Exhibit "A" shall not exceed Fifty Thousand Dollars ($50,000).
EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section l above. Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
[Remainder of page le'ft blank intentionally.]
56 Amendment No. 4
ContractNo. 2021-70-CC
IN WITNESS WHEREOF, the Parties hereto have causedthis AmendmentNo. 4 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
Dated:
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
F. Salinas, City Attorney
HF &H CONSULT ANTS, LCC.:
B7:
Laith Ezzet, Senior Vice President
Dated:
57 Work Plan for Continued Support July 1, 2023 - Deci;mber 31, 202 3 ffl a a
R
a U W-l ! ffi l ! q xw:i ff? q ff WR * aaa I affl : 'tl I 11It I I Mal I I i b' ffl fflal !i 1 il I a & !1 T €;I q ffl q we # s 16II l lilffil ai'iti 1 + -I=ix ffi'T FT'l-IT i(Tffi m li il 114 m M u w ffl I Jl
1. Prepare meeting agenda, partipate'Tnmonthly meetings and 5r-epare meeting
2. Analyze tonnage trends
3. Monitor Agreement for key compliance requirements a, Prepare for, Attend, and Recap Quarter 3 and Quarter 4 LARA Meetings
6. Review (3) CAP reports and attend (3) bi-monthly meetings w/CalRecycle
6. Review Hauler Annual Rate Adjustment Request
7. Monitor and Review Public Education & Outreach
8. Review proposed route audit methodology and results
9. Review the City's approach towards Organics Procuremem requirement
10. Review the City's approach for Tier 'l Edible Food Generator compliance
11. Discuss City's approach for the Implementation Record
12. Additional compliance tasks as assigned
"'-"- 6
2 4
2 2
2 3
2 2
12 4
4 3
8 2
2 24
16 16
12 15
12 8
12 12
10 8
12 2
42 22
24 12
20 22
14 10
15 12
14 12
Hours
Fees
Hourly Rate
26 $ 8,225
$ 329
35 $ 8,715
$ 249
145
$ 30,450
$ 210
14 $ 2,590
$ 186
219
5,
Expenses $ 20
Total Fees & Expenses $ 50,000
"Tasks may be performed subject to available budget. Hours may be shiffed among tasks and staff.
Prepared by HF&H Consultants, LLC
EXH BIT A
City of South Gate
Exhibit A
6/7 /2023
58 Attachment B
AMENDMENT N0. 3 TO CONTRACT N0. 2021-70-CC WITH HF&H CON8ULTANTS, tic., FORSOLu) WASTE A4ANAGFM'RNT SF,RVt('F,S This Amendment No. 3 to Contmct No. 2021-70-CC for Solid Waste Management Services ("Amendment No. 3"), is made and entered into on November 22, 2022, by and between the City of South Gate, a municipal corpomtion ("City"), and HF&H Consultants, r,t,c., a Californialimitedliabilitycompany("Contractor"). CityandContractorare sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on May 11, 2021, the City Council approved Contract No. 2021-70-CC with Contrictor ("Agreement ") to develop a Request for Proposal and manage the competitive selection process to procure a new franchise a@eement for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of One Hundred Fifty Thousand Dollars ($150,000);
WHEREAS, on June6, 2022, AmendmentNo. l was approved administratively to include a scope of work to negotiate with all three solid waste and recycling service pmvides in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collectton and Recycling, Organics, and C&D Processing Services, in the amount of Thirteen Thousand Dollars ($13,000); WHEREAS, on July 12, 2022, Amendment No. 2 was approved by the City Council to include a scope of work to perform Solid Waste Collector Transition Management Services and CalRecycle regulator compliance assistance for the City in the mnount of Seventy-Six Thousand Six Hundred Dollars ($76,600); and
WHF,REAS, the City and Consultant desire to execute AmendmentNo. 3 extending the term of the Agreement thmugh and including June 30, 2023, in an amoiuit not to exceed Eighty- Six Thousand Seven Hundred Eighty-Four Dollars ($86,784), for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total ofthe A@eement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 to a total sum of Three Hundred Twenty-Six Thousand Three Hundred Eighty-Four Dollars ($326,384).
NOW, THEREFORE, the parties hereby agree as follows:
1. SCOPE OF WORK.
The City hereby engages Contractor and Contractor accepts such engagement to perform the services set forth in the Scope of Services as described in "Exhibit A" attached hereto and made pmt ofthis ArnendmentNo. 3. The Scope of Services may be mutually amended by both Parties in writing.
2. TF,RM OF AGREEMENT.
The tenn of the Agteement is in effect dirough the completion of the tmsition of the new solid waste franchise a@eement between the City and the solid waste hauler which
59 transition is estimatedto be completed by Febniary 28, 2023. The term is hereby extended through and including June 30, 2023, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by etther Party as provided in the Agreement.
TION.
of compensation paid by City toContractor for the work identified in Exhibit not exceed E%hty-Six Thousand Seven Hundred E%ht-Four Dollars EFFECI' OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agteement shall remain in full force and effect. Widiout limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section l above, Furthermore, City resmyes the right to augment or reduce the scope of work as City deems necessaiy
[Remainder of page left blank intentionally,]
60 IN WITNESS WHEREOF, the Partiesheretohave caused this AmendmentNo. 3 to beexecuted and attested by their respective officers hereunto duly authorized, ATTEST:
Yodit City Clerk
APPROVED AS TO FORM:
B7:
F. Salinas, City Attorney
CITY OF SOUTH GATE:
Al Rios, Mayor
HF&H CONSULTANTS, LCC.:
BY:
Senior Vice President
Dated: 12/1/'2oTL
Page3of3
61 City of South Gate
Remalning Tasks Bud( at Work Plan for Transition Assistance and Ouier Support through Febniary 28, 2023 . i- - - !a!'U ffl:ff!fflf aW?!l I m UJ'@'I
(Enl a} ihlihM4z!'M-! 4!=1i=
-1. TrarmiUon Aaslatance
14 RevlewFulflllmentofContractor'sObligalions
IB ReviewandCommentonofUWSandCityTransitionPublicEducation IC Review Reporking Forms
1 D Review Customer Billing Format and Fee Calculations 1 E Council Meeting Attendance
1 F Bi-Weekly Virtual Transition Mett'ngs and Meeting Notes IG OtherTransitionSupport
2 9
2 2
1 2
2 11
4 2
22 2
4 2
30 16
4 8
4 44
8 6
24 if
12 4
94 30
Subtotal: Task 1 Hours
Task * Fees
Fees In Excess of Budget at October 20, 2022
Total TranslUon Assistance Fees
13 $ 3,965
22 $ 8,380
78 $ 17,660
68 $ 11,408
181
$ 39,303
4,
=$41,438
2. Other 8uppoH
2A CalRscycleSupport(CAP,CalRecyclerneetings)
2B Prepare for, Attend, and Recap Quarterly LARA Meetlngs 2C Additional Regulatory and Solid Waste Suppor!
2D Reviewing UWS' monthly report submittals
2E Review uWS and City Publlc Education
2 6
4 4
32 5
_1 0
12 12
8 18
4 60
13 10
Subtotal: Task 2 Hours
Taak 2 Fees
Hourly Rate
Total Fees
$
$ 306
$ 3,966
8 $ 2,320
$ 290
$ 8,700
66 $ 12,376
$ 226
$ 29,926
32 $ 6,408
$ 189
$ 16,816
98 [
; 61,641
Prepared by HF&H Consultants, LLC 1 10/24/2022
62 City of South Gate
Tasks Bud(etWork Plan for Other Continued Support March 1, 2023- June 30, 2023 z a -ufjTttfi mi-m'w
l; u
mfl yffl ffl 'ltl'lffi gl'l-11-1<4 fflfflW
3. Other Continued Support
3A CalRecycle Support (CAP, CalRecycle meetings)
3B Prepare for, Attend, and Recap Quarterly LARA Meetings 3C Additional Regulatory and Solid Waste Support
1 8
6 8
_40
8 36
15 8
84 Subtotal: Task 3 Hours
Task 3 Fees
Hourly Rate
9 $ 2,817
$ 313
54 $ 13,230
$ 246
44 $ 9,196
S 209
107
[
Prepared by HF&H Consultants, LLC 2 10/24/2022
63 Attachment C
Amendment No. 2
Contract No. 2021-70-CC
AMENDMENT N0. 2
TO CONTRACT N0. 2021-70-CC WITH HF &H
FOR PROFRSSIONAL SKRVICES FOR
ASSISTANCE WITH THE CtiAlruuillVN
PROCUREMENT FOR A SOLID WASTE
CONTRACTOR
This Amendment No. 2 to Contract No. 2021-70-CC for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Amendment No. 2"), is made and entered into on July 12, 2022, by and between the City of South Gate, a municipal corporation ("City"), and HF&H Consultants, LLC., a California limited liability company ("Consultant"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties." RECITALS:
WHEREAS, onMay 11, 2021, the City Council approved Contract No. 2021-70-CC with Contractor ("Agreement") for professional services to develop a Request for Proposal and manage the competitive selection process to procure a new franchise agreement for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of One Hundred Fifty Thousand Dollars ($150,000).
WHEREAS, Amendment No. l included a scope of work to negotiate with all with three solid waste and recycling services providers in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of thirteen thousand dollars ($13,000).
WHEREAS, the City and Consultant desire to execute AmendmentNo. 2 forprofessional services in the amount of Seventy-Six Thousand Six Hundred Dollars ($76,600), in accordance with services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No.l to a total sum of Two Hundred Thirty-nine Thousand Six Hundred Dollars ($239,600).
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. SCOPE OF WORK.
City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Amendment No. 2. The Scope of Services may be mutually amended from time to time by both Parties in writing.
64 Amendment No. 2
Contract No. 2021-70-CC
TERM OF AGREEMENT.
The term of the Agreement shall be extended and will remain in effect through the transition of the new solid waste franchise agreement between the City and the solid waste hauler, unless othemise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement, however, terminating no later than June 30, 2023.
COMPENSATION.
The amount of compensation to be paid by City to Consultant for the work identified in Exhibit "A" shall not exceed Seventy-Six Thousand Six Hundred Dollars ($76,600).
EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged dining the term of Agreement as extended by Section l above. Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessa7.
IN WITNESS WHEREOF, the Parties hereto have caused this AmendmentNo. 2 to be executed and attested by their respective officers hereunto duly authorized. [Remainder of page left blank intentionally.]
65 I Amendment No. 2
: ontract No. 2021-70-CC
CITY OF SOUTH GATE:
BY: €
AI Rios, Mayo(
Dated: 0? / 2522!
ATTEST:
Yodit City Clerk
SEAL)
APPROVED AS TO FORM:
F. Salinas, City Attorney
CONSULT ANT:
Date:
Ezzet. Vice President
7 //? /toz l
/4
66 Exhibit "A"
2081 Business Center Drive, Suite 265
Itvine, California 92612
Telephone: (949) 251-8628
Fax: (949) 251-9741
vmuui.hfh-consultants.com
Robert D. Hilton, Emeritus
John W. Farnkopf, PE
Laith B. Ezzet, CMC
Richard J. Simonson, CMC
Marva M. Sheehan, CPA
Robert C. Hilton, CMC
July 6, 2022
Mr. Chris Jeffers
City Manager
City of South Gate
8650 California Avenue
South Gate, California 90280
Addendum #2 to Professional Services Agreement for Solid Waste Consulting Services Dear Mr. Jeffers:
As requested, we have provided a scope of services and fee estimate to perform solid waste collector transition management services and CalRecycle regulatory compliance assistance for the City of South Gate (City). We have also included a fee estimate of S5,000 to complete our negotiations assistance which outlines the additional tasks performed which were outside the original scope which have impacted our budget. The total cost for both services is 576,600.
The City selected Universal Waste Systems (UWS) at the Special City Council Meeting on June 27, 2022.
We will initiate the transition management services upon approval of our scope of work and fee estimate, and execution of the new Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services Agreement (Agreement).
We believe that HF&H brings the following qualifications and benefits to the City:
1. We are on industry recognized thought-leader in env/ronmento/ strategic planning, goal setting, pogicy development and program implementation. Clients of HF&H receive innovative and pragmatic solid waste and recycling plans that have been developed with decade's worth of diverse experience. Our pioneer role in the zero-waste planning field, assisting communities such as the cities of San Diego, Santa Monica, and Livermore, and the County of San Diego, has provided us with an unmatched menu of services and programs, as well as unrivaled implementation experience. This range of experience allows us to develop both short and long-term goals that meet the specific needs of our clients, while maintaining a realistic understanding of the impacts on client costs and diversion.
2. HF&H is regarded as the industry expert for 58 1383 compliance. In 2019, CalRecyde engaged HF&H to develop a stakeholder input group and create Model SB 1383 Implementation Tools and Guidance. These model tools were developed to support jurisdictions and other regulated entities across the state with implementing programs and policies to reach compliance with SB 1383 regulations. The model tools include a Model Enforcement Ordinance, Model Procurement Policy, Model Franchise Agreement, and Model Food Recovery Agreement. In total, HF&H has worked with over 70 communities throughout California, representing over 7 million residents, continuously tl 67
Mr. Chris Jeffers
July 6, 2022
adapting compliance to fit a variety of real-world conditions. Our range of experience supporting California jurisdictions with SB 1383 includes, but is not limited to, strategic planning, cost modeling, sole source and competitive procurements, ordinance development, and engagement in the regulatory process.
3, We identify the individual needs of our dients. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable parties, to set measurable, achievable goals. The purpose of these goals is to meet the specific needs of the community and achieve regulatory compliance while minimizing the financial impact on ratepayers. Again, our experience has helped us develop a vast array of facilitation methods, including online surveys, webinars, live streams, and council workshops. HF&H staff includes SWANA and CRRA certified zero waste instructors.
4. HF&H does not provide solid waste consulting services to waste haulers. HF&H exclusively provides consulting services to municipalities for the better interest of our clients and to avoid potential conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. We believe this independence is particularly important for managing a successful transition of service providers. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials.
Thank you for the opportunity to provide you with this information. We look forward to the opportunity to continue our partnership with the City. If you have any questions, please contact Debbie Morris at (949) 251-1106 or [email protected].
Very truly yours,
;!-tg D '77
Laith Ezzet, CMC
Senior Vice President
Debbie Morris, CMC
Senior Manager
Attachments:
1. Scope of Work and Fee Estimate to Provide Solid Waste Collector Transition Management Services and Additional Funds to Complete Negotiation Assistance 68 ATTACHMENT 1
Scope of Work and Fee Estimate to Provide Solid Waste Collector Transition Management and CalRecycle Regulatory Compliance Services
SCOPE OF WORK
The City' new Agreement contains extensive service changes, including a cart for new organics collection at residential premises, mandatory commercial recycling and organics services, as well as many other requirements due to the requirements of Senate Bill 1383. Additionaily, UWS will be assuming responsibility for residential billing which is currently performed by Golden State Water on behalf of the City. The tasks below outline our approach to providing service transition and CalRecycle regulatory compliance assistance.
Task 1: Track Submittal of Contractually Required Fees and Documents The Agreement contains items to be provided to the City in a short timeframe upon execution of the Agreement. These items include, but are not limited to:
* Contracting Fee
* Insurance Certificates
@ Performance Bond and Letter of Credit
Corporate Guaranty
* Notary Certification
* Contractor's Implementation Plan
* Environmentally Preferable Purchasing Policy
* AB 341 and SB 1383 Implementation Plan
HF&H will prepare a complete list of all items and track submittal by the UWS using information and documents forwarded to us by the City and UWS.
Task jA: Review Contractor's Implementation Plan and Schedule, and 48 34gS8 1383 Implementation Plan
In order to work toward a successful transition, it is imperative to have a comprehensive implementation plan and schedule. UWS is required to submit an implementation plan and schedule which HF&H will review and meet and confer with UWS and City staff to ensure that this will meet the contractual requirements and ensure that services will be provided by January 1, 2023.
Additionally, UWS is required to submit an AB 341/SB 1383 implementation plan. The City adopted the mandatory recycling and organics program ordinance which requires all generators of organic waste to have an organics waste program. This implementation plan should include the development of public education and outreach, a schedule of site visits to be performed, and a strategic services roll-out plan.
HF&H will review the proposed plan to ensure that it is complete and provide feedback.
Both of these implementation plans will be tracked by HF&H during the transition period.
July 6, 2022 Page 1- 1 HF&H Consultants, LLC
69 ATTACHMENT I
TasklB: ReviewandRevisfonofPublicOutreachMaterials
A successful transition will require thoughtful and accurate public education and outreach. Exhibit C of the Agreement includes newspaper articles, initial mailings, community workshops, recycling guides, printed public education materials, website content development, and a dedicated web site page for City-specific information, all of which will need to be developed by UWS prior to the transition of SerViCeS.
HF&H will review drafts of public education and outreach materials proposed by UWS for accuracy and consistency with the provisions of the Agreement.
Task 1C: Rev/ew Reporting Forms
The City's Agreement requires UWS to submit monthly, quarterly, and annual reports. SB 1383 requires a substantial amount of data that must be submitted by jurisdictions, some of which must be available within 10 days of request by CalRecycle. In order to ensure proper reporting of the information required in the Agreement and SB 1383, HF&H will review UWS" reporting forms for consistency with the Agreement requirements.
TasklD: ReviewCustomerBIllingFormatandReviewAccuracyofCityFeeCalculation The City's Agreement requires UWS to provide residential and commercial billing services for the City.
HF&H will review the proposed format for customer invoices for consistency with the Agreement requirements, and review UWS" calculation of City fees contained in the initial monthly fee report remitted to the City for consistency with the calculation methodology identified in the Agreement Task If: Bi-Weekly V/rtuo/ Trons/t/on Meetings
In order to ensure that transition tasks stay on schedule and to resolve issues as they arise, HF&H will prepare for and attend bi-weekly (every other week), virtual transition meetings with UWS and City staff during the service transition period.
Task 2: Mandatory Commercial Recyclin@ and Organics Re@ulation Compliance HF&H will track the progress of customer compliance with the SB 1383 mandatory programs. Additionally, HF&H will:
ASSiSt the City by preparing and submitting, for City approval, public education and outreach materials to encourage participation in the source separated recyclables and organics collection programs.
Review program participation levels and UWS"s outreach and discuss findings during the bi-weekly transition meetings with UWS and the City.
Prepare documentation to be included with the City's Electronic Annual Report (EAR) submitted to CalRecycle, and assist the City in responding to other inquiries by CalRecycle.
Brief the City on new updates to key recycling legislation.
Task 3i 58 1383 Assistance
In addition to the SB 1383 compliance tasks included in Task 2, HF&H will perform the following to assist the City in complying with 58 1383:
July 6, 2022 Page 1- 2 HF&H Consultants, LLC
tf 70
ATTACHMENT I
Review information provided by UWS to confirm that they provide their customers with information on properly separating materials, organic waste prevention, on-site recycling, methane reduction benefits, how to recycle organic waste, self-haul requirements, and edible food donation.
Review public education and outreach information for edible food generators. This information will be distrlbuted by the City to the Tier One and Tier Two Edible Food Generator lists provided by UWS.
HF&H will prepare for the City's review the annual SB 1383 compliance report required by 14 CCR 18994.2 based on information available to us. HF&H will submit this electronic report to CalRecycle on behalf of the City by October 1, 2022, and August 1 annually, thereafter.
In the event that HF&H is retained beyond the transition period we will maintain all electronic implementation records provided to us in Sharepoint so that they may be accessed by CalRecycle within ten business days of request (14 CCR 18995.2).
Task 4: CalRecycle Electronic Annual Report
1. HF&H will prepare the City's Electronic Annual Report to CalRecycle which will include documentation of diversion program activities conducted throughout the specified year, as well as a calculation of numerical compliance with diversion mandates.
2. HF&H will assist with any additional reports required by CalRecycle.
3. HF&H will asSist the City by responding to questions from CalRecycle, and prepare for and participate in the annual conference calls and meetings with CalRecycle.
Additional Funds to Complete Negotiation Assistance
The City approved Amendment I to our consulting agreement for S13,000 to negotiate with an additional two proposers. These funds have been expended. HF&H has been requested to provide additional tasks which were not anticipated in our original fee estimate, and we are requesting an additional SS,000 to complete the engagement. This estimate assumes that there will be no further negotiations with the selected proposer subsequent to the selection by City Council and the selected proposer's Agreement will only be updated to reflect the proposer's name in certain sections ofthe Agreement, inclusion ofthe approved facilities, and the previously proposed enhancements.
Tasks performed outside of the original scope and fee estimate:
* Individual meetings with the City Council members to review the initial evaluation report and the updated evaluation report.
* Updating the rate revenue analysis, evaluation report and presentation tables to reflect the City's solid rates that go into effect July 1, 2022 under the existing Waste Management franchise agreement
@ OneadditionalCityCouncilmeetingtoselectthehaulerpriortoapprovaloftheAgreement.Our scope included one City Council meeting to present the evaluation report, and one City Council for the approval of the final Agreement.
The term for the transition services shall commence upon award of the new waste hauler franchise agreement, anticipated on July 12, 2022, and continue until the available budget Is utilized.
July 6, 2022 Page 1- 3 HF&H Consultants, LLC
71 ATTACHMENT 1
Fees
We will perform the scope of work based on time and materials at the hourly rates contained in our existing agreement with the City. The estimated cost for this scope of work is !571,600 plus SS,000 for the additional negotiation assistance. Our actual costs could be higher or lower than estimated depending on the level of support requested by the City. We will notify you in writing if additional budget is required, and we will not proceed prior to obtaining written authorization should a budget adjustment be required. We will bill the City once per month based on the number of hours worked multiplied by our hourly billing rates, plus expenses incurred. Payment is due within 30 days of invoicing.
Workplan
af
alll&lil aaitim+taa i4!'M"l'l+1R4
1. TransRlon Ambdance
14 Re*ewContractor'slmp)em.nhiUonPlansandSchedule j
1 B Reuew and Re4sion of TranslUon Public Education
1C RemewReporUngForrns 1
10 ReuwCustomerBIlllngFormatandFeeCak,ula!ions S
1E Bl-WeekJvVktualTransltionMeetlnas
8 8
4 2
____!
8 8
8 4
20 16
i8
8 4
26 33
32 21
11 _62
8ubtotal:TasklHours 3
TasklFees 916
2. Nhndatory Comnerdal Recydlng and Organka Regumtlon Compll.ince 2A Prepare public education and outreach materials
28 Reuewprogramparucipation 1
2C Brief Cihi on oroaram uodates
38 11,020
2 4
4 48
10,800
2 2
70 11,830
8 6
169
34686
12 13
4 Subtotal:Task2Hours 1
Taak2Fees $ 306
10 $ 2,900
4 $ 900
14 $ 2,366
29 $ 6,471
3 8B 1383 Assistance
3A Rstav public educaUon and outreach to Tieir j and Tler edibki food generahprs
3B Prepare annual compliance report
3C Maintain IrnolementsUon records
4 2
6 8
8 ie
40 32
22 62
42 Subtotal: Task 3 Hours
Task 3 Fees
4 CalRecycki Assistance
4A Prepare 5ectonic Annual Report
4A Respond to quesffons from CalRecycle and prepare for and s
6 $ 1,740
4 22
$ 4,950
8 4
as
$ 14,872
18 is
118
$ 21,602
22 24
participate in annual tings
Subtotal: Task 4 Hours
Task 4 Fees
AddRkinal Funds to Compk4e Negolatlon Aulstance
Houra
Fees
Total Hours
s
2 $ 810
6 4
$ 1,180
9 $ 2,590
67 10
$ 2,260
8 $ 1,800
92 32
$ 6,408
$
204
48 $ 8,818
19 $ 6,000
369
Hour§ Rate
Subtotal
Expenses
Total Feea and Expenses
$ 305
$ 1,830
$290
$ 19,410
$ 226
$ 20,700
$ 189
$ 34,478 @ re,as
$ 184
$ 76,600
' Houra may be shifted among bisks
Limitations
* City staff will be responsible for resolving disputes, if any, between the UWS and the previous waste hauling contractor.
July 6, 2022 Page 1- 4 HF&H Consultants, LLC
72 Attachment D
Amendment No. l
Contract No. 2021-70-CC
AMENDMENT NO. I
TO CONTRACT N0. 2021-70-CC WITH HF &H
FOR PROFESSIONAL SERVICF,S FOR
ASSISTANCE WITH THE COMPETITIVE
PROCUREMENT FOR A SOLID WASTE
CONTRACTOR
Tms Amendment No. l to Contract No. 2021-70-CC for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Amendment No. I "), is made and entered into on June 6, 2022, by and between the City of South Gate, a municipal corporation ("City"), and HF&H Consultants, LLC., a California corporation ("Consultant"). City and Contractor are sometimes hereinafterindividually referred to as a "Party" and collectively as "Parties."
RECITALS:
WHEREAS, on May 11, 2021, the City Council approved Contract No. 2021-70-CC with Contractor ("Agreement") for professional services to develop a Request for Proposal and manage the competitive selection process to procure a new franchise agreement for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of One Hundred Fifty Thousand Dollars ($150,000).
WHEREAS, the Agreement includes a scope of work to negotiate with one solid waste and recycling services provider, however, on April 19, 2022, the City Council provided direction to negotiate a "Best and Final" offer with three solid waste and recycling services providers in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Seices.
WHEREAS, the City and Consultant desire to executeAmendmentNo. l forprofessional services to negotiate with two additional solid waste and recycling services providers, for a total of three, in an amount not to exceed Thirteen Thousand Dollars ($13,000), in accordance with services identified in Exhibit "A" attached hereto, under the temis and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No.l to a total sum of One Hundred Sixt5r-Three Thousand Dollars ($163,000).
NOW, THEREFORE, THF, PARTIF,S HEREBY AGREE AS FOLLOWS:
1. COMPENSATION.
The amount of compensation paid by City to Consultant for the work identified in Exhibit "A" shall not exceed Thirteen Thousand Dollars ($13,000).
73 Amendment No. l
Contract No. 2021-70-CC
SCOPF, OF WORK
City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Amendment No. 1. The Scope of Services may be mutually amended from time to time by both Parties in writing F,FFECT OF AMENDMF,NTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section l above. Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
IN WITNF,SS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized. [Remainder of page left blank intentionally.]
74 ATTEST:
Amendment No. 1
Contraot No. 2021-70-CC
CITY OF GATE:
Chris Jeffers. In
Yodit City Clerk
(SEAL)
APPROVED AS TO FORM:
F. Salinas, City Attorney
CONSULTANT:
B7:
4et,kpresiaent
Date:
Paga3of3
,23
B7:
75 EXHIBIT A
Managing Tomorrow's
2081 Business Center Dr., Suite 265
Irvine, CA 92612
Telephone: 949/251-8628
www.hfh-consultants.com
May 10, 2022
Mr. Arturo Cervantes, P.E.
AsSistant City Manager/Director of Public Works
Ms. Gladis Deras
Senior Engineer
City of South Gate
Department of Public Works
8650 California Avenue, South Gate, CA 90280
Subject: Contract No. 2021-70-CC Request for Additional Funds Dear Mr. Cervantes and Ms. Deras,
Robert D. Hilton, Emeritus
John W. Farnkopf, PE
Laith B. Ezzet, CMC
Richard J. Simonson, CMC
Marva M. Sheehan, CPA
Robert C. Hilton, CMC
HF&H Consultants, LLC (HF&H) appreciates the opportunity to continue to assist the City of South Gate (City) with its competitive procurement for solid waste services.
The City received three proposals from qualified solid waste providers in response to the request for proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services. During the April 19, 2022 City Council Study Session, City Council directed City staff to negotiate with all three proposing companies.
HF&H's approved Fee Estimate included in Contract No. 2021-70-CC between the City of South Gate (City) and HF&H provides for a budget increase of S6,500 for each additional agreement negotiated above one.
This will increase our budget by 513,000 for a total budget of S163,000.
The workplan below includes the additional tasks and budget. " Hours may be shifted amoung tasks
Analyses of Best and Final Rate Proposals
Update Evaluation Report
Attend One Additional Council Meeting to Select
Proposer for Final Negotiations
Total Hours
Total Fees
Expenses
S 4,896 S 4,640 S 2,700 S 640 S 12,876
S 124
24 76
Mr. Art Cervantes, and Ms. Gladis Deras
May 10, 2022
If you have any questions regarding the workplan, please do not hesitate to contact Debbie Morris directly at (949) 251-1106 or [email protected] Sincerely,
HF&H CONSULTANTS, LLC
I),,tH-u '?7zm-
Laith Ezzet, CMC
Senior Vice President
Debbie Morris, CMC
Senior Project Manager
2G 77
Attachment E
Contract No. 2021-70-CC
AGREEMENT FOR PROFESSIONAL SERVICES
FOR ASSIST ANCE WITH THE COMPETITIVE PROCUREMENT FOR
AN EXCLUSIVE SOLID WASTE CONTRACTOR BETWEEN
THE CITY OF SOUTH GATE AND HF&H CONSULT ANTS, LLC.
This Agreement for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Agreement"), is made and entered into on May 12, 2021, by and between the City of South Gate, a municipal coiporation ("City"), and HF&H Consultants, LLC, a California limited liability corporation ("Consultant"). The City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, Citydesires to retain professional services for assistance with the competitive procurement for an exclusive solid waste contractor; WHEREAS, Consultant warrants to City that it has the requisite skills, laiowledge, qualifications, manpower and expertise to perfomi properly and timely the professional services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform professional services desibed in the Proposal attached hereto as Exhibit "A" and made a part to this Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A". The Scope of Services may be mutually amended from time to time by both Parties in writing.
2. COMPENSATION. The total amount of compensation paid by the City to Consultant for" this Agreement shall not exceed the sum of One Hundred Fifty Thousand Dollars ($150,000) as described in Exhibit "A." City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to this Agreement. No additional compensation shall be paid for any otherexpenses incurred unless first approved in writing by the Director of Public Works.
2,1 Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between the Consultant's office and City Hall shall not be billable; however, mileage is an allowable charge reimbursable at the federal rate. Consultant may request an exemption on a case by case basis.
2.2 Consultant shall submit to City a monthly invoice for services rendered included in Exhibit "A." City shall pay the Consultant within forty-five (45) days of receipt of the invoice.
Page I of 10
2(p78
2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
TERM OF AGREEMENT. This Agreement is effective as of May 12, 2021, and will remain in effect through the execution of a new exclusive solid waste franchise agreement between the City and a solid waste hauler, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
CITY AGENT. The Director of Public Works, for the purposes of this Agreement, is the agent for the City. Whenever approval or authorization is required, Consultant understands that the Director of Public Works has the authority to provide that approval or authorization.
CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located within City which may be affected by the services to be performed by Consultant under this Agreement. Consultant furtherrepresents that inperformance ofthis Agreement, no person having such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the term of this Agreement.
5.1 Consultant represents that no City employee or official has a material financial interest in the Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in the Consultant's business or in this Agreement by any City employee or official.
GENERAL TERMS AND CONDITIONS.
6.1 Termination for Convenience. The City may terminate this Agreement at any time without cause by giving fiffeen (15) days written notice to Consultant of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided herein, Consultant will be paid a total amount equal to its outstanding fees for services rendered as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
6.2 Termination for Cause.
6.2.1 The City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
,27'- 79
a.
b.
If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof; or
If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance ofthis Agreement inaccordance with its terms, and in either of these circumstances does not conect such failure within a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.
6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.
6.2.3 IfthisAgreementisterminatedasprovidedaboveinSubsection6.2.1,City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computation', surveys, models, or other similar documentation prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.
6.2.4 If, after notice of tennination of the Agreement under the provisions of Subsection 6.2. I above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6.1 above.
6.3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.
6.4 Non-Discrimination.
6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and City governments. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry,
80 sex, national origin, disabled or age. Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, are free from such discrimination. Such employment practices include but are not limited to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
6.4.2 The provisions of Subsection 6.4.1 above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of detemiining compliance with the equal employment opportunity and non-discrimination provisions ofthis Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein bythis reference. A copy of Executive OrderNo. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.
6.5 Insurance. Consultant shall submit to City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
6.5.1 Workers' Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
6.5.2 Comprehensive general and automotive liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a.
b.
e.
Be issued by a financially responsible insurance company or companies admitted or authorized to do business in the State of California or which is approved iri writing by City.
Name and list as additional insured City, its officers and employees.
Specify its acts as primary insurance.
Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled or materially changed except upon thirty (30) days prior written notice to City of such cancellation or material change."
Cover the operations of Consultant pursuant to the terms of this Agreement.
81 6.6 Indemnification. Consultant agrees to indemnify, defend and hold hamnless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third parties not acting on behalf of, at the direction of, or under the control of Consultant.
6.7 Compliance With Applicable Law. Consultant and City shall comply with all applicable laws, ordinances and codes of the federal, state, county and city governments, without regard to conflict of law principles.
6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between City and Consultant.
6.8.1. Consultant shall be aii independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any maruier represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement.
6.8.2. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the paytnent of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any fees assessed and interest, which would otherwise be the responsibility of City.
6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City.
Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of the Consultant.
30 82
6.9 Consultant's Personnel.
6.9.1 All services required under this Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services, irxcluding, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
6.9.2 Consultantshallbesolelyresponsibleforthesatisfactoryworkperformance of all persomel engaged in performing services required by this Agreement, and compliance with all reasonable perfon'nance standards established by City.
6.9.3 Consultant shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
6.9.4 Consultant shall indemnify and hold harmless the City and all other related entities, officers, employees, and representatives, from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices, or of any acts or omissions by Consultant in connection with the work performed arising from this Agreement.
6.10 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Consultant.
6.11 Legal Construction.
6.11.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California, without regard to conflict of law principles.
6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of the same, and any rule of constniction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
6.11.3 The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
83 6.11.4 Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.12 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check.
However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
6.13 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to the Consultant.
6.14 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.15 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
6.16 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.
32. 84
6.17 Severability. If any provision in this Agreement is held by a court of competent jurisdictiori to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.18 Attorney's Fees. The Parties hereto acknowledge and a@ee that each will bear his or its own costs, expenses and attorney's fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or coru'iected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorney's fees and costs in addition to all otherreliefto which that Party or those Parties may be entitled.
6.19 Entire Agreement and Amendments. This Agreement, including Exhibit "A" attachedheretowhichisincorporatedhereinbythisreference, constitutesthewhole agreement between City and Consultant, and neither Party has made any representations to the other except as expressly contained herein. Neither Party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.
6.20 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery, and depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
City of South Gate
Arturo Cervantes
Assistant City Manager/
Director of Public Works
8650 California Avenue
South Gate, CA 90280
E-mail: accrvai-itcs.oro
WITH COURTESY COPY TO:
City of South Gate
Carmen Avalos
City Clerk
8650 California Avenue
South Gate, CA 90280
E-mail: Cul'Ell(15((/-.SO'.'ilTe.O} %a"
TO CONSULT ANT:
HF&H Consultants, LLC.
Laith Ezzet, CMC
Senior Vice President
19200 Von Karman Avenue
Suite 360
Irvine, CA 92612
E-mail: taxxzct(ti iif1i-consultiu'its.coin
2:3 85
6.21 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.
6.22 Consultation With Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.
6.23 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this Agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be construed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.
6.24 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all Parties herein.
[Remainder of page left blank intentionally]
86 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE
B7:
Al Rios, Mayor
Dated: 6( - 6 "' 2'
ATTESTED:
B7:
Carmen Avalos, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
F. Salinas, City Attorney
HF &H CONSULT ANTS, LLC:
B7:
eaith Ezzet. S6rrior Vice President
Dated:
5'h//20Z /
87 %=-'xhk"
City of South Gate Fee Estimate
Fee Estimate - Competitive RFP Process
We will perform the scope of work for the competitive procurement submitted to the City of South Gate on February 25, 2019, based on time and materials, The estimated total budget Is S150,000. Our actual COStS COuld be higher Or lower than thlS amouni depending On the complexity Of the Clty'S contracting process, the numberof proposals to be evaluated, the number of negotiationsesslons requlred, and other ractars that cannot be precisely estimated In advance
The proposed work plan indudes preparation of an Integrated residential and commercial RFP, gathering operatlng data, sollciting proposals, conducting a pre-proposal conference, evaluattng up tO four proposals, partlclpatingln the negotiation sessions Identified in thework plan, and finallzlng an agreement with one proposer. Should more than four proposals be submltted, we estlmate that the budget will Increase by 65,900 per proposal. If agreements are flnallzed with more than one proposer, our cost will Increase by S6,500 far eaCh additional agreement.
The work plan on the next page Itemizes hours bytask and staff classlflcatlon. Hours may be shifted among tasks and staff.
April 20, 2021 Page '3 HF&H Consultants, LLC
88 aty of SoLith Gate Fee EsUmate
Solid Waste Agreement Competitive Procurement Work Plan ll.i-
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April 20, 2021 Page 4 HF&H Consultants, LLC
89 CITY MANASER'S OFflCE
AU0 fl 1 2023 Item No. 7
City of South Gate
CITY COUNCIL
AGENDA BNLL
For the Regular Meeting of: August 8, 2023
Originating Department: Community Development
Department Director:
Mere'Jlit . Elguira
City Manager.'
S)rNeffers
SUBJECT: AMENDMENT N0. 3 TO CONTRACT N0. 2020-19-CC WITH RSG, INC., TO
CONTINUE PROVIDING GENERAL ON-CALL SERVICES FOR THE COMMUNITY
DEVELOPMENT DEPARTMENT
PURPOSE: To amend Contract No. 2020-19-CC with RSG, Inc., ("RSG") to continue providing general on-call services for an additional one year.
RECOMMENDED ACTIONS: The City Coin"icil will consider:
a. Approving Amendment No. 3 to Contract No. 2020-19-CC with RSG, Inc., to continue providing as-needed services to the Community Development Department effective July 1, 2023, through June 30, 2024, in an amount not to exceed $352,000; and Attorney.
FISCAL IMPACT: The cost for proposed Amendment No. 3 cost is included in the Fiscal Year 2023/24 Municipal Budget. Funding for this contract comes from a number of special revenue funds and is based on a time and material basis applied to the specific project.
ANALYSIS: RSG provides a variety of services to the City of South Gate ("City") through the Planning Division, the Successor Agency, and the Housing Authority. These services include studies and professional guidance in areas where the City may not have the expertise to comply with complex housing issues. The proposed amendment would allow RSG to continue providing the expertise the City needs to keep projects moving forward to fruition, while the Department fills its vacant positions. For now, the City will continue to rely on RSG's expertise to assist in the following projects/programs:
1. Review 4908 Mason Street ENA and prepare for City Council consideration.
2. ASSiSt in the administration of the Metro TOD-SIP grant.
3. Prepare the Housing Authority Annual Report.
4. Monitor and provide required grant reporting on behalf of the Housing Authority, including SB 2 and PLHA.
5. Economic Development Strategic Plan update.
1 90
6. 5821 Firestone Blvd. - Prepare legal documents, perform due diligence and underwriting analysis, and coordinate with City staff.
7. Prepare Specific Plans and assist in other planning projects.
8. Prepare the Housing Authority Aru'iual Report.
9. 9001-9019 Long Beach Blvd., 7916 Long Beach Blvd., and 13050 Paramount - continue the process to prepare for future housing sites.
10. Continue to administer and apply for grants.
BACKGROTJND: The City's Housing Division, Housing Authority, and Successor Agency must work within a complex and ever-changing set of federal and state laws to retain compliance and to advance various affordable housing initiatives and policies for the benefit of our cornrnunity. The City often utilizes consultants to provide these specialized services when they are needed only on an intermittent basis. The City has been utilizing RSG for many of its Housing related services and for grant writing. The proposed amendment to the City's current agreement with RSG would allow RSG to complete several important projects within the current fiscal year as well as extend the existing agreement to expire at the end of the next fiscal year on June 30, 2024. These tasks are included in the attached Scope of Work to Amendment No. 3, (See, Exhibit "A").
ATT ACHMENTS: A. Proposed Amendment No. 3 (including Scope of Work - Exhibit "A") B. Amendment No. 2 to Contract No. 2020-19-CC
C. Amendment No. l to Contract No. 2020-19-CC
D. Contract No. 2020-19-CC
2 91
Attachment A
AMENDMENT N0. 3 TO CONTRACT N0. 2020-19-CC FOR ADDITIONAL
GENERAL ON-CALL SERVICES FOR THE TIIE COMMUNITY
DEVELOPMENT DEPARTMENT BETWEEN THE CITY OF SOUTH GATE AND RSG, mC.
This Amendment No. 3 to Contract No. 2020-19-CC for additional general on-call services for the Community Development Department ("Amendment No. 3 "), is made and entered into on August 8, 2023, by and between the City of South Gate, a municipal corporation ("City"), and RSG, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties."
RECITALS
WHEREAS, on March 10, 2020, the City Council approved Contract No. 2020-19-CC with Consultant ("Agreement") to provide general on-call services related to the development and management of housing policies and related grant programs, in an amount not to exceed One Hundred Seventy-Two Thousand One Hundred Fifteen Dollars ($172,115); WHEREAS, on May 25, 2021, the City Council approved Amendment No. I to Contract No. 2020-19-CC for additional general on-call services for the Community Development Department for an additional one-year term, through and including June 30, 2022, in the amount not to exceed Two Hundred Three Thousand Nine Hundred Fifteen Dollars ($203,915), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No. 1 to Three Hundred Seventy-Six Thousand Thiity Dollars ($376,030);
WHEREAS, on July 26, 2022, the City and Consultant approved Amendment No. 2 to Contract No. 2020-19-CC for additional general on-call services for the Community Development Department for an one-year mc e , ,m amountnotto our
Thiity-Five Thousand Six Hundred Fifteen Dollars ($435,615), under the terms and coriditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, and Amendment No. 2 to Eight Hundred Eleven Thousand Six Hundred Forty-Five Dollars ($811,645); WHEREAS, on August 8, 2023, the City Council approved Amendment No. 3 to Contract No. 2020-19-CC for additional general on-call services for the Community Development Department for an additional one-year ternn, through and including June 30, 2024, in the amount not to exceed Three Hundred Fifty-Two Thousand Dollars ($352,000), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No. 1, Amendment No. 2 and Amendment No. 3 to One- Million One Hundred Sixty-Three Thousand and Six Hundred Forty-Five Dollars ($1,163,645); WHEREAS, the Work Program is attached hereto as Exhibit "A" and incorporated herein by reference; and
NOW, THEREFORE, the Parties hereby agree as follows:
1. MODIFICATION TO AGREEMENT
a. COMPENSATION FOR SERVICES. The amount of compensation paid by City to the Consultant for the additional services as identified in Exhibit "A" shall not exceed Three Hundred Page l of 2
92 Fifty-Two Thousand Dollars ($352,000), under the terms and conditions of the Agreement. The total sum of the Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 shall not exceed One- Million One Hundred Sixty-Three Thousand and Six Hundred Forty-Five Dollars ($1,163,645). b. TERM OF AGREEMENT. This Amendment No. 3 is effective July 1, 2023, through and including June 30, 2024, unless otherwise terminated as provided for under the terms of the Agreement.
2. EFFECT OF A!VIENDMENTS. 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. 3 are incorporated into the Agreement as modified by Amendment No. 3.
3. EFFECTIVE DATE. The effective date of this Agreement is July 1, 2023, and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
B7:
Pilar Avalos, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPRO AS FORM:
F. Salinas, City Attorney
RSG, INC.:
B7:
Jim Simon, Principal
Dated:
93 Exhibit "A"
17872 GILLETTE AVE
SUITE 350
IRVINE CA92514
714 541 4585
I N FO'pW EBRSG C O M
WEBFISG COM
July 11, 2023 Via Electronic Mail
Meredith Elguria, Community Development Director
CITY OF SOUTH GATE
8650 California Avenue
South Gate, CA 90280
PROPOSED 2023-24 WORK PROGRAM
COMMUNITY DEVELOPMENT, SUCCESSOR AGENCY, AND HOUSING AUTHORITY Dear Ms. Elguria:
Per your request, RSG is pleased to present the attached scope of work to provide the following services to the City of South Gate:
Affordable Housing Development, Transactional, and Policy Services Housing Authority and Housing Successor Services
Real Estate Transaction and Economic Services
Economic Development Advisory Services
Successor Agency Services
RSG has been assisting the City for approximately 4 0 years in these capacities, commencing with assistance with the wind-down of the former South Gate Commission as part of the dissolution of redevelopment. Next year will entail activities to prepare for the conclusion of most, if not all, of the South Gate' Successor Agency activities, while also seeing the expected approvals of affordable housing agreements on as many as four separate affordable housing projects. We also anticipate the City will continue to collect and strategically deploy grant funds on housing, transit-oriented development, and Brownfields projects as part of an overall economic development strategy adopted in June 2019. Finally, next year may include an update to the economic development strategy itself.
Please let me know if you have any questions or refinements to this proposal. We can commence work upon receipt of a contract.
Sincerely
RSG, INC.
Jim Simon, Principal
I RV I N E BEI:IKELE'l' Vl STA
94 2023-24 SCOPE OF WORK AND BUDGET ESTIMATE
SOUTH GATE HOUSING AUTHORITY AND HOUSING SUCCESSOR AGENCY
WORK PROGRAM ANTICIPATED
9001-19 Long Beach Boulevard (proposed Habitat Project)
1. Prepare financial analysis needed for the eventual approval of any local funding for the development of the property, including preparation of a Section 33433 Summary Report, HUD Subsidy Layering Analysis, and general pro forma underwriting.
2. Providingatechnicalreviewofthedraffaffordablehousingagreementorotherdocuments prepared by legal counsel to ensure accuracy with negotiated deal terms.
3. ASSiSt the Housing Authority with technical services related to the relocation of the remaining tenant on the property as needed.
3626 Tweedy Boulevard (parklet property)
1. ASSiSt with surplus lands act compliance and the subsequent proper disposition of this housing asset as required by law.
2. ASSiSt staff properly deposit and deploy housing sale proceeds as required by law. 2703 Tweedy Boulevard (Amigos Market lease)
1. ASSiSt with surplus lands act compliance and the subsequent proper disposition of this housing asset as required by law.
2. ASSiSt staff properly deposit and deploy housing sale proceeds as required by law, unless the site is to be sold to an affordable housing developer under a partnership with the City, in which case the addiflonal activities would be needed:
a. Reviewandanalysisofdeveloperproformaaspartofaprojectfeasibilityandpossible underwriting analysis
agreement, affordable housing agreement, or other required documents. c. Preparation of financial analysis reports or studies that may be required for the above
3. ASSiSt staff properly deposit and deploy housing sale proceeds as required by law. 13050 Paramount Bl (former Rancho Market property)
1. ASSiSt with surplus lands act compliance and the subsequent proper disposition of this housing asset as required by law.
2. ASSiSt staff properly deposit and deploy housing sale proceeds as required by law, unless the site is to be sold to an affordable housing developer under a partnership with the City, in which case the additional activities would be needed:
a. Reviewandanalysisofdeveloperproformaaspartofaprojectfeasibilityandpossible underwriting analysis
b. Providing technical review related to legal documents such as a purchase and sale agreement, affordable housing agreement, or other required documents. c. Preparation of financial analysis reports or studies that may be required for the above
3. ASSiSt staff properly deposit and deploy housing sale proceeds as required by law.
RSG Housing Services 2023-24
95 2023-24 SCOPE OF WORK AND BUDGET ESTIMATE
SOUTH GATE HOUSING AUTHORITY AND HOUSING SUCCESSOR AGENCY Annual Reporting Activities
1. Preparation of the Housing Annual Report for FY 2022-23, due by October 1
2. Preparation of the Housing Successor Agency Annual Report for FY 2022-23, due December 31
Other Services (which may be related to the above activities)
1. Preparation and/or oversight of schedules as directed by staff
2. Attend meetings and participate as requested by staff
3. Preparation of agenda bill drafis, resolutions, and presentations as directed by staff.
BUDGET
Projected
2023-24
Housing Authority $ 20.000
Housing Successor 12.000
City 100.000
Total $122,000
Estimated 2022-23 Budget (for Reference)
Billed Through June 2023
$ 172, 125
iits,eisyl
(Commented [CM2Rl]i Done )
RSG Housing Services 2023-24
I
96 2023-24 SCOPE OF WORK AND BUDGET ESTIMATE
SOUTH GATE SUCCESSOR AGENCY
WORK PROGRAM ANTICIPATED
Prior Period Adjustment (PPA) and Recognized Obligation Payment Schedule (ROPS)
1. Prepare PPA due October 1, 2023
2. Prepare ROPS 23-24 Amendment,if necessary, due Octoberl, 2023
3. Prepare ROPS 24-25 including Administrative Budget, Due February 1, 2024
4. Prepare for shut down of the Successor Agency in 2025, assuming property disposition activities are completed and successful.
7916 Long Beach Bl (former GDS Institute)
1. ASSiSt with surplus lands act compliance and the subsequent proper disposition of this Successor Agency asset as required by law.
2. ASSiSt staff properly deposit and deploy sals proceeds as required by law, as applicable.
EI Paseo Parking Lot Property (portion of parking lot) 'i. ASSiSt with surplus lands act compliance and the subsequent proper disposition of this Successor Agency asset as required by law.
2. Likely assist the City seek grant funding (assuming ROPS funding is not available) to address remediation work that could be necessary to facilitate the sale of this property
3. ASSiSt staff properly deposit and deploy sale proceeds as required by law, as applicable.
Other Services (which may be related to the above activities)
1. Preparation and/or oversight of schedules as directed by staff
2. Attend meetings and participate as requested by staff -3-. P-repa-ra-ti-on of-agend-a bill drafts, resolutions, and presentations as directed by staff.
BUDGET
Projected
2023-24
Successor %ency $45,000
Total $ 45,000
Estimated 2022-23 Budget (for Reference)
Billed Through June 2023
$ 46,860
izg,gs$ (Commented [JS3]i @Crystal Maffingly can you update? ) (Commented[CM4R3]:done )
RSG Successor Agency Services 2023-24
97 2023-24 SCOPE OF WORK AND BUDGET ESTIMATE
CITY OF SOUTH GATE COMMUNITY DEVELOPMENT DEPARTMENT (excluding Housing Authority, Housing Successor, and Successor Agency Services)
WORK PROGRAM ANTICIPATED
7916 Long Beach Bl (proposed Azure Community Development project)
1. Prepare financial analysis needed for the eventual approval of any local funding for the development of the property, including preparation of HUD Subsidy Layering Analysis and general pro forma underwriting.
2. Providingatechnicalreviewofthedraftaffordablehousingagreementorotherdocuments prepared by legal counsel to ensure accuracy with negotiated deal terms. 4909 Mason St (former Public Works property)
1. ASSiSt with surplus lands act compliance and the subsequent proper disposition of this City asset as required by law.
2. Review and analysis of developer pro forma as part of a project feasibility and possible underwriting analysis
3. Providing technical review related to legal documents such as a purchase and sale agreement, affordable housing agreement, or other required documents.
4. Preparation of financial analysis reports or studies that may be required for the above
5. ASSiSt staff properly deposit and deploy sale proceeds as required by law, as applicable.
METRO TOD-SIP Grant
1. Note: schedule was delayed for 2022-23 due to delays in the Gateway District Specific Plan so only a limited amount of funding was used in 2022-23; these activities are anticipated to be resumed in the Summer 2023
2. ' of comments from staff of draft
document and await direction from staff regarding next steps.
3. Upon receipt of comments from staff of drafi community benefits policy, finalize document and await direction from staff regarding next steps.
4. Upon completion of the Gateway District Specific Plan and direction from staff, proceed with the joint execution of a equitable development strategy for the Gateway District area as described in the Grant work plan.
5. ASSiSt staff with administration of the grant program, including preparation of quarterly reports.
EPA Communitywide Brownfields Program
1. ASSiSt staff with coordination with engineering and community engagement consultants.
2. ASSiSt staff with administration of the grant program, as directed.
EPA Targeted Brownfields Program for 13050 Paramount Bl
1. ASSiSt staff with coordination with EPA's engineering consultants.
2. ASSiSt staff with administration of the grant program, as directed.
RSG City of South Gate Community Development Services 2023-24
98 2023-24 SCOPE OF WORK AND BUDGET ESTIMATE
CITY OF SOLITH GATE COMMUNITY DEVELOPMENT DEPARTMENT (excluding Housing Authority, Housing Successor, and Successor Agency Services) Permanent Local Housing Allocation (PLHA) Grant
1. Pending successful HCD certification of City's Housing Element, assist staff with identification of PLHGA projects and preparation of grant fund draws.
2. ASSiSt staff with administration of the grant program, as directed.
Equitable Community Revitalization Grant (ECRG)
1. ASSiSt staff with identification of ECRG projects and preparation of grant application.
2. ASSiSt staff with administration of the grant program, as directed.
Community Benefit Negotiations - 5037 Patata St
land values and
1. Review project submittal with staff and ascertain whether the project application should be evaluated based on a comparison to the by-right conforming alternative project or if a different evaluation approach is required. In the case of a conforming alternative comparison, a buildout of the project with no zoning changes would be created. This would lead to the identification of two (2) distinct scenarios for this study: project as proposed and an alternative for purposes of comparison. If the conforming alternative is similar enough to the proposed project or infeasible itself, then the determination of community benefits would depend on a model of profitability. For any scenario, RSG would ascertain a reasonable phasing plan in consultation with City staff.
2. Prepare a financial feasibility analysis depending on the approach. The conforming alternative approach, for example, would require a financial feasibility analysis of both the project and the alternative, in the form of a land residual analysis comparing RSG's estimates of project value to the direct and indirect construction cost.
3. scenarios to returns in this
identify profit surplus or shortfall for each.
4. Prepare estimates of the following as a baseline for calculation of fiscal and economic impacts:
a. Construction cost (estimating construction/temporary impacts and fee estimates) b. Value estimate using income approach (for assessed value and property tax estimates)
c. Development impact fees, as applicable
d. Permanent employment estimates, based on comparable projects in the trade area
5. Calculate and forecast existing and potential municipal revenues accruing to the City General Fund, including:
a. Property tax
b. Sales tax, including new resident-derived and new commercial retail in project c. Property tax in lieu of vehicle license fees
d. Property transfer taxes, if any
e. Transient occupancy taxes, if any
6. Calculate and forecast existing and potential municipal expenditures from the City General Fund, including:
a. Law enforcement
b. Public works
c. Other services materially affected
RSG City of South Gate Community Development Services 2023-24
iD 99
2023-24 SCOPE OF WORK AND BUDGET ESTIMATE
CITY OF SOUTH GATE COMMUNITY' DEVELOPMENT DEPARTMENT (excluding Housing Authority, Housing Successor, and Successor Agency Services)
7. Summarize the resulting projected General Fund revenues and expenditures to the applicant's May 2021 study.
8. Preparealetterthatsummarizesourfindingsandprovidesrecommendedtermsheetdeal points for discussion with the developer.
9. Attend up to 2 meetings (virtual or in person), as directed by staff.
Update 2019 Economic Development Strategy )
1. Assemble economic, demographic, real estate, and other data to update existing conditions.
2. Review regional economic development priorities for context and alignment (to aid in possible streamlining or leveraging funding opportunities)
3. Meet with City Council members, local stakeholders (in the form of a task force), and staff to discuss past actions, needs and priorities.
4. Developstrategylikescope,formatandstructureas2019strategy.
Other Services (which may be related to the above activities)
1. As needed services, as directed by staff.
2. Preparation and/or oversight of schedules as directed by staff.
3. Attend meetings and participate as requested by staff.
4. Preparation of agenda bill drafls, resolutions. and presentations as directed by staff.
BUDGET
Projected
_2023,24
(without ED
Strategy)
Projected
202_3_-24
(with ED
Strategy)
METRO TOD-SIP Grant $ 80,000 $ 80,000
PLHA Grant 5,000 5,000
Applicant/Developer Funded (5037 Patata St) 25,000 25,000 City 25,000 75,000
Total $135,000 $185,000
Estimated 2022-23 Budget (for Reference)
Billed Through June 2023
$ 175,000
llis,<agi
$ 175,000
30,661
(;:,:::SA,!::I:::,:'-'-:I='-=-='-'-' )
(Commented[CM6RS]:Done )
RSG City of South Gate Community Development Services 2023-24
100
Attachment B
AMENDMENT N0. 2 TO CONTRACT N0. 2020-19-CC FOR ADDITIONAL
GENERAL ON-CALL SERVICES FOR TIIE COMMUNITY
DEVELOPMENT DEPARTMENT BETWEEN THE CITY OF SOUTH GATE AND RSG, INC.
This Amendment No. 2 to Contract No. 2020-19-CC for additional general on-call services for the Community Development Department ("Amendment No. 2 "), is made and entered into on July 26, 2022, by and between the City of South Gate, 'a municipal corporation ("City"), and RSG, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties."
RECITALS
WHEREAS, on March 10, 2020, the City Council approved Contract No. 2020-19-CC with Consultant ("Agreement") to provide general on-call services related to the development and management of housing policies and related grant programs, in an amount not to exceed One Hundred Seventy-TwoThousand OneHundred FifteenDollars($172,115); WHEREAS, on May 25, 2021, the City Council approved Amendment No. I to Contract No. 2020-19-CC for additional general on-call services for the Community Development Departtnent for an additional one-year term, through and including June 30, 2022, in the amount not to exceed Two Hundred Three Thousand Nine Hundred Fifteen Dollars ($203,915), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No. l to Three Hundred Seventy-Six Thousand Thirty Dollars ($376,030);
WHEREAS, the Work Program is attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, on July 26, 2022, the City and Consultant desires to execute Amendment No. 2 to Contract No. 2020-19-CC for additional general on-call services for the Community Development Department for an additional one-year term through and including June 30, 2023, in the amount not to exceed Four Hundred Thirty-Five Thousand Six Hundred Fifteen Dollars ($435,615), under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, and Amendment No. 2 to Eight Hundred Eleven Thousand Six Hundred Forty-Five Dollars ($811,645).
NOW, IHEREFORE, he Parties hereby agree as follows:
1. MODIFICATION TO AGREEMENT
a. COMPENSATIONFORSERVICES. The amount ofcompensation paid by City to Consultant for the additional services as identified in Exhibit "A" shall not exceed Four Hundred Thirty- Five Thousand Six Hundred Fifteen Dollars ($435,615), bringing the aggregate total of the Agreement, Amendment No. 1, and Amendment No. 2 to Etght Hundred Eleven Thousand Six Hundred Forty-Five Dollars ($811,645).
b. TERM OF AGREEMENT. This Amendment No. 2 is effective July 1, 2022 through and including June 30, 2023, unless otherwise terminated as provided for under the terms of the Agreement.
101
2. 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 as modified by this Amendment No. 2.
3. EFFECTIVE DATE. The effective date of this Agreement is July 1, 2022, and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
Al Rio.s; Mayor
ATTEST:
Yodit City Clerk
APP
B7:
AS TO FORM:
Raul F. Salinas, City Attorney
RSG, INC.:
Jim/Simon, Principal
102
Q.RSG
S BETTER COHMuNITlfl.
"' HOLDER FuTuRES.
17872 GILLETTE AVE.
SlllTE 350
IRVINE, CA 92614
714 541 4585
[email protected]
WEBRSG.COM
April 29, 2022 Via Electronic Mail
Chris Jeffers, Interim City Manager
CITY OF SOUTH GATE
8650 California Avenue
South Gate, CA 90280
PROPOSED WORK PROGRAM - 2022-23
COMMUNITY DEVELOPMENT DEPARTMENT SERVICES
Dear Mr. Jeffers:
At your request, RSG has prepared this scope of work for the 2021-22 fiscal year.
ACCOMPLISHMENTS DURING THE CURRENT FISCAL YEAR
From July 1, 2021 through March 31, 2022, RSG has invoiced the Community Development a total of $170,190.63 for as needed consulting services, including these activities listed below:
1. City (Community Development Department)
a. Conducted a housing workshop with the City Council and Planning Commission on numerous housing related topics
law and discussed these with staff and members of the Planning Commission c. Worked with City Attorney on preparing update to City's Zoning Ordinance for conformity to Density Bonus Law and presented the amended Ordinance to Planning Commission and City Council
d. Presented information on rent control For the Planning Commission's consideration. e. Timely application for a $500,000 EPA Assessment Coalition Grant to provide city funds to conduct brownfield investigations and facilitate redevelopment in the City. f. Preparation of a Inclusionary Housing Ordinance and finalizing a fee study that conforms to the desired level of inclusionary housing, which we anticipate will be adopted before the end of the current fiscal year.
g. Prepared the third annual report on June 2018 Economic Development Strategic Plan h. Assisted the Community Development Department respond to consultant requests and review the draff Housing Element for the 6" RHNA Cycle i. Assisted staff with technical review of a proposed middle-income housing project proposal involving the Jefferson SoLA project
IRVINE BERKELEY VISTA
l'(
103
Chris Jeffers, Interim City Manager
CITY OF SOUTH GATE
April 29, 2022
j. Continued to work with staff and consultants to advance the preparation of the Gateway District Specific Plan
k. Prepared and issued a notice of availability for the surplus land at 4909 Mason Street and presently draffing an ENA for City Council consideration I. Prepared and issued a notice of availability for 5821 Firestone Boulevard m. Prepared estimates of land assembly costs for infill properties as requested by staff. n. Commenced administration and services on the Metro TOD-SIP grant funded work around the Gateway District Specific Plan, including filing two timely quarterly reports and recommending to staff revisions to the scope of work to better align with current needs of the City. o. Other services as directed by staff
PROPOSED WORK PROGRAM FOR 2022-23
RSG has developed the proposed work plan for FY 2022-23 based on the status of projects we are currently handling. Funding for this work may be paid from various sources, which including the General Fund ($93,650), TOD-SIP Grant ($74,480), and SB2 Grant ($48,500).
Due to COVID and other circumstances, two of RSG's projects were suspended in 2020, but we anticipate the City will still want to proceed with these projects. We have also anticipated either an update to the existing (nearly 4 year old) Economic Development Strategy or a review of the current strategy, as well as some on call services. The budgets for these tasks are included in the descriptions below:
Economic Development Strateqic Plan: To align with the current priorities of the community post- update the June 2018 Strategic Plan. Based both on our prior work and our focus largely around engaging key constituencies of the community, RSG would work with staff to convene a task force once again to develop and bring forward refreshed priorities and goals for the next three years.
The structure and depth of the strategy would be comparable to the current one, in order to contain costs for the City. We have placed a preliminary budget of $36,700 for this work in the scope of services here and can elaborate or modify as staff prefers.
As an alternative to a new Strategy, RSG may also work with the Community Development Department to prepare a fourth-year report on accomplishments, similar to the last three that have been presented to the City Council. The estimated cost for this alternative is $6,075. 5821 Firestone Bl: During 2021 -22, the prior DDA for this project expired and the City declared the parcel surplus. The next step is to select a developer, from either the notices of interest received from the surplus notice, or (more likely) from a Future listing or the property For commercial use.
RSG expects that we would need to prepare an offering memorandum and post the listing on commercial listing services (CoStar, Loopnet, etc) and work with the staff on the review of any viable offers on this property. Provided a developer is selected, RSG would work with the City Attorney on preparation of legal documents, perform due diligence and underwriting analysis, and coordinate with City staff on the project for this property.
This project would be funded by the City General Fund. t(;104
Chris Jeffers, Interim City Manager
CITY OF SOUTH GATE
April 29, 2022
Gateway TOD SIP Grant / Equitable Development Strateqy: As part of the successful grant application to Metro, the City committed to preparing an equitable development strategy for the redevelopment or the area around the Gateway transit station to address inclusive and equitable economic development. The scope of work for this strategy was included in the grant application, which entails the following:
Kickoff meetings with staff, Planning Commission, and City Council (3 meetings) to discuss process and present approach for discussion and considerations.
Compile economic research and develop summary of key issues currently and potentially facing South Gate residents, property owners, and businesses with implementation of the Gateway TOD project. Develop initial presentation materials for review with staff, then discussion with stakeholder groups. Most research would be compiled from existing work RSG has performed in 2020 related to housing and household issues, with additional research on commercial real estate and business climate, both before and during the COVID-19 crisis.
Deliverables include one draff and one final presentation.
Develop and executed three-part stakeholder engagement program, consisting of identifying key stakeholder groups in conjunction with city staff, that represent the interests of those impacted or otherwise affected by the Gateway TOD project.
Part 1 : Survey - Stakeholder engagement would consist of an online survey to a wide range of stakeholders (RSG would recommend community activists and leaders, including nonprofit stakeholders we spoke with earlier in 2020) to gain understanding on priorities and concerns about project implementation, including what parts of the community may need specific attention. We would use that survey feedback to design stakeholder meeting agenda, format, and desired outcomes, and review this with the client for comment or revisions.
Part 2: Stakeholder Meetings - Based on volunteers from the survey (where they would be invited to express interest in attending (virtual) stakeholder meetings), notice, organize and conduct (virtual) 5-6 stakeholder workshops via Zoom (can consider in person if appropriate, safe, and ultimately believed to result in larger participation). For each meeting, prepare recap of actions and agreements, along with photos, graphics shared, and attendance roster.
Part 3: Community Meeting: Prepare notice, draft agenda, and execute one community workshop to present results of Survey and Stakeholder Meetings identify top issues/concerns about project buildout, priorities for planning and economic policies and practices to protect existing residents and businesses, while affording them maximum opportunities to benefit from the project. Include (from RSG) the steps and actions necessary to implement these actions, assuming some of these may be technical, procedural, or budgetary in nature. Invite comments on these findings from the public and incorporate into deliverables.
Deliverables: 1 ) a summary memo of public outreach process and results.
Incorporate resulting comments and feedback from outreach, and prepare Equitable Development Strategy that emerges as an outcome of stakeholder engagement, including planning, community development, economic development, and ongoing public participation components.
Deliverables include two drafts and one final document. (b105
Chris Jeffers, Interim City Manager
CITY OF SOUTH GATE
April 29, 2022
Presentation of Strategy at Planning Commission and City Council meetings, including assistance with preparing agenda bills and powerpoint.
Gateway TOD SIP Grant / Mason Street ENA and Other Projects: Subject to preparation of an amendment to the TOD SIP Grant scope of work acceptable to Metro, RSG anticipates working with the Mason Street developer selected by the City Council.
Specific Plan Implementation: As part of the SB 2 grant, the City pledged to use the grant funds to identify infill opportunity sites for redevelopment and work with existing property owners to explore interest in redevelopment or sale. These services would include development program feasibility, cost estimates, and property owner outreach. This task was included in the SB 2 grant and would be funded by these grant funds.
Other Tasks: During 2021-22, we were asked to assist staff on other projects not explicitly described in our scope of work on an on-call basis (for example rent control, middle-income housing, density bonus ordinance update). For 2022-23, we have included a $36,350 budget "contingency" for this purpose in the overall scope of work to assist staff as needed.
FEE PROPOSAL
An overall schedule for the work program above with the various optional components is included as an attachment to this letter. The breakdown of the corresponding funding sources is presented below as well:
Housing Division/SB 2 Grant
Planning Division/Metro TOD SIP Grant
General Fund (economic development, inclusionary housing, Firestone property) Total
$ 48,500
$74,480
$193,650
$216,630
RSG would retain our current fee schedule that has been in effect with the City since 2013 when we began providing professional services. Our Billing Rates are as follows:
Principal/Director
Senior Associate
Associate
Senior Analyst
Analyst
Research Assistant
Technician
Clerical
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material more than five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge. ("'7
106
Chris Jeffers, Interim City Manager
CITT' OF SOUTH GATE
April 29, 2022
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate.
Sincerely,
Jim Simon, Principal
107
Scope of Services
2022-23 Work Program
City of Soulh Gate (Aprll 2022)
Pilncipal Dliectoi
Task Hours & Billnq Rate
Assocmle Analyst
160 $ 125
Res. Asst.
110
Total His
Task 1
Fund #
EconomleDevalopmantStrateqyupdate 40
rq8par0 nOW eCOnOmlC dwebpmenl 81raragy 10 updma June 2018 Slr818gy, reCOmmended bui nil required 8(1 100 22(1
Gen Fund Task 1.1
Gen Fund
Task 2
Fund #
Gen Fund Task 2.1
Gen Fund Task 2.2
Task 3
Fund #
TOO SIP
TOO SIP
TOO SIP
TOO SIP
roo srp
TOO SIP
Task4
Fund #
5821FlrestoneBl 40
General Fund: MoMor and ovarsk)hf of SR process, drafk agreemerds as approprlala wrlh legal counsel CompleUon of SLA Process
Prepare agreemen(s wllh kigal counsel Includlng cooidlnahn and meellngs Gateway Dlstrlct Projects
Funded by METRO TOO SIP Grant recehred by Cfly
Task 3.1
Task 3.2
Task 3.3
Task 3.4
Task 3.5
Task 3.6
Mason Skeel - F'rlmestor
EquHabki Devekipment Strategy - PioJl )ackoff Meetlng EDS - Piepsre Fressntatkin of Economlc Data and Opporlunilkis EDS - Outieach lo Slakehokleis
EDS - Prepare Gateway TOD Equitable Devekipmenf Strategy ED!i - Publki Meetings (2) to Approve Strategy
1:18
7(1
150
20 20
3(1
30 4C1
ICI
118
4 4
50 3a
3a
Specific Plan Aiaas - Opporlunity Sites and Pmparty AssemblylRedevelopment 100 80 Funded by SB2 Gr8nf: Idenltfl OppOrlunlly 8h8 for hffllradeVelOpmenk COn81Slerd Wrlh TW8edy and HOllydah Spacf € Plane: pmpOrty oulreach and feaSibrMy SB2 Task 4.1
SB2 Task 4.2
Ho%daki kea
Twssdy 81 Area
Talk 6
Fund #
Gen Fund
Genaral On-Call Services
General Fund: Olher servlces !IS requesled by C%. Houskig Aukhorl[y, or Successor Agency Task 5.1 Placeholder Lot olher servk.es requested by staff !iO
5a
3(1
3a
SO
so
so
50 140
30 so
110
406
4a
40 10a
105
95 26
300
210
21CI
108
(C))RSG
17872 GILLETTE AVE.
SUITE 350
IRVINE, CA 92614
714 541 4585
[email protected]
WEBRSG.COM
April 29, 2022 Via Electronic Mail
Chris Jeffers, Interim City Manager
CITY' OF SOUTH GATE
8650 California Avenue
South Gate, CA 90280
PROPOSED WORK PROGRAM - 2022-23 (REVISED FROM FEBRUARY 2022)
HOUSING AUTHORITY
Dear Mr. Jeffers:
At your request, RSG has prepared this scope of work for the 2022-23 fiscal year.
ACCOMPLISHMENTS DURING THE CURRENT FISCAL YEAR
From July 1, 2021 through March 31, 2022, RSG has invoiced the Housing Authority a total of $ 93,831.85 for as needed consulting services, including these activities listed below:
1. Housinq Authority
a. Annual Reporting
1. Prepared Housing Authority annual report based on higher level of activity during FY 2020- 21 2. CompletingtheHousingSuccessorExpenditureReportforFY2010-21 b. 9001-19 Long Beach Bl
1. Completion of surplus land act notice and developer selection for redevelopment of this property
2. Prepared and circulated term sheet with deal points and coordinating with Special Counsel on preparation of DDA and associated documents
3. Despite holding off on issuing a notice to vacate, provided relocation coordination services for Vallarta Tires (current tenant at 9019 Long Beach Bl) including frequent tenant contacts and support services (initiated contact by phone or email (4 times and sent them 2 packets containing updated property listings)
c. 13050 Paramount Bl
1. Consultation with staff regarding potential redevelopment options for affordable housing project on this site
IQVINE BERKELEY VISTA
9D
109
Chris Jeffers, Interim City Manager
CITY OF SOUTH GATE
April 29, 2022
2. Initiated surplus land act notice on this property and currently evaluating developer proposals for Housing Authority consideration.
d. Other Activities
1. AsSiSted staff with review of Housing Division work processes and provided recommendations to the Community Development Director
2. Monitored and provided required grant reporting on behalf of the Housing Authority, including SB 2 and PLHA.
PROPOSED WORK PROGRAM FOR 2022-23
RSG has developed the proposed work plan for FY 2022-23 based on the status of projects we are currently handling.
Housinq Authority Services
The Housing Authority services include certain reporting activities required by law of housing authorities and housing successors to former redevelopment agencies as well as affordable housing projects. including beginning work to dispose of 2703 Tweedy Boulevard, as well as affordable housing development projects planned for 900'1-19 Long Beach Boulevard, 7916 Long Beach Boulevard, and 13050 Paramount Boulevard. Additionally, with PLHA and other funding available, RSG would assist the Housing Authority identify, assess, and potentially assemble additional infill sites for affordable housing development.
The total budget for 2022-23 for all of these activities is $172,125, spread among four separate funding sources. The details are as follows: Fund 241 (Housing Authority Admin) - $28,875, Fund 322 (Housing Successor Admin Allowance) - $62,250, SS 2 Grant Funds - $24,250, and PLHA Grant Funds - $56,750.
Annual reporting work includes preparation of the Housing Authority annual report for the year 2021-22 due to HCD by October 1, as well as the Housing Successor Expenditure Report for the same year due to the Housing Authority Board and HCD by December 31. RSG has prepared these reports in the past, including supporting material needed for Housing Authority Board consideration. With the transition of staff in the Housing Division, we have allotted some additional time to work with new or limited staff to collect information necessary. 9001-19 Long Beach Boulevard: Over the next few months, RSG expects to be working with Habitat for Humanity, Housing Authority Special Counsel, and city staff on the preparation of a DDA with Habitat for Humanity for development of the two-phased, 14-unit townhome project. In addition, the tenant - which RSG has been in contact with for the past several months as relocation coordinator - will need to be offered assistance from a relocation coordinator (RSG) and vacate the property as required by applicable law.
We anticipate the DDA and related documents will be approved sometime this summer (perhaps before the end of the current fiscal year). Once a DDA is approved, RSG will assist staff with monitoring the requirements of the parties and ensure the timely execution of the project. This may include advancing relocation activities, environmental consultant coordination, administering any pledged grant funds, and assisting staff with the oversight of cleanup activities necessary so that the second phase (9019 Long Beach Boulevard) will be able to begin upon receiving a no further action letter from DTSC.
110
Chris Jeffers, Interim City Manager
CITY OF SOUTH GATE
April 29, 2022
7916 Lonq Beach Boulevard: As mentioned earlier, the Housing Authority or City would need to enter into an affordable housing agreement with the selected buyer of this Successor Agency property as a condition of sale. During 2022-23, RSG's work would involve oversight of the affordable housing agreement, assuming it is prepared and approved by July 2022. 13050 Paramount Boulevard: The Housing Authority will soon be selecting a developer and may be entering into negotiations for a DDA for this proposed affordable housing project site. During 2022-23, RSG anticipates assisting with these negotiations by performing underwriting analysis of the proposed project, drafting deal terms, preparing a term sheet, and working with the City Attorney on preparing the DDA.
Future Housinq Sites: The City and Housing Authority have been the beneficiary of state and federal funds that may be used to develop more 100% affordable housing projects, which for the moment appears to be an important avenue for delivering such housing in South Gate. Building upon our initial research from last year for properties in the community, we would contact affected owners to explore interest and if favorable coordinate appraisal and due diligence work under purchase agreements. This work would be similar to our services for 9019 Long Beach Boulevard and 13050 Paramount Boulevard, both of which were acquired with RSG's assistance in 2020.
Housinq Grants: RSG assisted the Housing Authority in obtaining the $4.3 million PLHA grant and the $310,000 SB 2 grant, both of which have oversight and administrative requirements to ensure that they are used and reported properly. As RSG is familiar with both grants as well as working in a similar capacity with the Finance Department on Successor Agency and Housing Authority expenditures, we would propose to take these reporting duties for the Housing Authority.
Additionally, as grants for new housing development and programs arise, RSG would develop applications for the City as needed over the next fiscal year.
An overall schedule for the work program above with the various optional components is included as an attachment to this letter. The breakdown of the corresponding funding sources is presented below as well:
Housing Authority (Section 8 Admin) - Fund 241
Housing Authority/Housing Successor Admin Allowance - Fund 322 Housing Division / SB 2 Grant
Housing Division/PLHA Grant
$ 28,875
62,250
24,250
58,750
Total !$172,125
111
Chris Jeffers, Interim City Manager
CI1Y OF SOUTH GATE
April 29, 2022
RSG would retain our current fee schedule that has been in effect with the City since 2013 when we began providing professional services. Our Billing Rates are as follows:
Principal/Director
Senior Associate
Associate
Senior Analyst
Analyst
Research Assistant
Technician
(,lerical
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material more than five (5) copies. These costs are charged back at the actual expense plus a 1 0% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate.
Sincerely,
<',a;31t,,
Jim Simon, Principal
112
Scope of Services
2022-23 Housing Authority Work Program
Cihy of South Gate Housing Authority (Apru 2022)
Task 1
Fund #
241
322
322
322
PLHA
SB2
322
PLHA
PLHA
241
Housinq Authortty / Housinq Successor Semces
Annual reporlrng acltvNies, disposNkin and devebpmenl and po[enlral acqursdion acktvks Task 11
Task 12
Task 13
Task 1.4
Task 1.5
Task 1.6
Task 17
Task 1.8
Task j.9
Task Lja
Housing Authority Annual Report (Due Ot.tober 1 ) Housing Successor Expenditure Report - SB 341 (Due Dec 31 ) 9001-19 Long Beach Bl - Tenant Rekication Services 9001-19 Long Beach Bl - 004/AfTordable Housing Agreement 7916 Long Beach Bl - AfTordabm Housing Agreemem
13050 Paramount Bl - Negotiation & Disposkn and Development Agreement 2703 Tweedy Bl - Prep for Tenant Vacabn In Sep 2022 and Disposition by 4/23 Site feasibilRy and acquisilmn of future affordabka housing sites Grants - Application and Reporting PLHA Grant (due by July 31) and SB2 Grant Other - on call housing services to be detennined by client Task Hours & Billinq Rate
Print.lpal Director Associate Analyst Total H
$ 235 $ 235 $ 180 $ 125
230 110 260 405
30 40
100
15 3CI
30 40
80 40
113
M HOLDER FuTuRES.
17872 GILLETTE AVE.
SUITE 350
IRVINE, CA 92614
714 541 4585
INFO:$WEBRSG.COM
WEBRSG.COM
February 28, 2022 Via Electronic Mail
Chris Jeffers, Interim City Manager
CITY' OF SOUTH GATE
8650 California Avenue
South Gate, CA 90280
PROPOSED WORK PROGRAM - 2022-23
SUCCESSOR AGENCY SERVICES
Dear Mr. Jeffers:
At your request, RSG has prepared this scope of work for the 2022-23 fiscal year.
ACCOMPLISHMENTS DURING THE CURRENT FISCAL YEAR
From July 1, 2021 through January 31, 2022, RSG has invoiced the SuccessorAgency a total of $28,706.25 for as needed consulting services, including these activities listed below:
1. Successor Aqency
a. Timely completion of prior period adjustment by October 2021 b. Processing an amendment to the contract with Tetra Tech for remediation services associated with the Successor Agency-owned parcel at 3500 Tweedy and approval of additional ROPS funding for ongoing vapor extraction activities
c. CoordinationonbehalfoftheSuccessorAgencywithTetraTechandtheLosAngelesRegional Water Quality Control Board (LARWQCB) on remediation activities resulting in a plan to expedite cleanup
d. Timely completion of ROPS 2022-23 resulting in approval by the Successor Agency, First District Oversight Board, and Department of Finance of requested enforceable obligation payments
e. Completion of Surplus Land Act designation and notice process with Oversight Board approval and a preliminary selection of a developer
f. Timely completion of proof of payment reviews requested by the County Auditor Controller
IRVINE BERKELEY VISTA
114
Chris Jeffers, Interim City Manager
CITY OF SOUTH GATE
February 28, 2022
PROPOSED WORK PROGRAM FOR 2022-23
RSG has developed the proposed work plan for FY 2022-23 based on the status of projects we are currently handling.
Successor Aqency
Services for the Successor Agency are funded by RPTTF revenue received through the ROPS for administration and property disposition. The Successor Agency will continue to exist until 2024-25 when the bonds are paid off, unless properties remain unsold. Overall, for the year RSG anticipates a budget of $46,860 for the services outlined below.
RSG would continue to provide administrative and financial support services to the Administrative Services Department for the Successor Agency, including preparation of the Prior Period Adjustment due by October 1, 2022 and ROPS for 2023-24. As part of these activities, RSG would review cash balances, prior year payments of enforceable obligations, preparation of the administrative budget, and other required accounting activities. RSG work includes collection and review of accounting records from the Department, preparation of required forms, coordination with staff, preparation of staff reports, resolutions, and supporting documents for Successor Agency and Oversight Board ROPS approval, and coordination with County Oversight Board, County Auditor Controller, and the Department of Finance with respect to review and inquiries on these documents.
Additionally, RSG would continue to assist the Community Development Department manage the disposition of the three remaining properties held by the Successor Agency for sale pursuant to the Long Range Property Management Plan.
3500 Tweedy Bl: The Successor Agency owns a parcel within a larger parking lot adjacent to TELACU's South Gate Senior Villas project at the corner of Tweedy and California Avenue. The former a site a a
remediation plan funded by RPTTF. RSG's role has been to work on behalf of the City to monitor Tetra Tech's work, coordinate between the various agencies involved, and ultimately seek to expedite case closure in order so that the Successor Agency may dispose of the property per the Successor Agency's Long Range Property Management Plan.
TELACU has the first right of refusal to purchase the property pursuant to their prior agreement with the former Community Development Commission inherited by the Successor Agency. It is yet uncertain whether TELACU would exercise this right; should they not, the SuccessorAgency would need to declare the property surplus, issue a notice of availability, enter into good-faith negotiations for 90 days, and then either enter into an agreement for the sale or market the property to other buyers. RSG expects these disposition activities to commence in July 2022. 7916 Lonq Beach Bl: With the City Attorney, RSG is presently assisting in the drafting of a purchase and sale agreement between Azure Community Development and the Successor Agency. The PSA would be conditioned upon approval of a separate affordable housing agreement between the City or Housing Authority and developer. Once prepared and accepted by staff and the developer, the SuccessorAgency Oversight Board would considerthe PSA and then escrow would be opened.
We anticipate during 2022-23, our primary role would be oversight of the due diligence and schedule of performance, as well as coordination with escrow and the parties to the agreement.
EI Paseo Parkinq Lot: The final properhy to be sold by the Successor Agency is a portion of the surface parking lot at the EI Paseo Shopping Center. The CDC originally acquired the property as part of the redevelopment of the property which was a petroleum tank farm many decades ago; the original intent was that the CDC would hold this portion of the site with the highest levels of 115
Chris Jeffers, Interim City Manager
CITY OF SOUTH GATE
February 28, 2022
contamination in perpetuity. The subject property is a clay cap remediation device that restricts the use of the parcel. Dissolution of course alters this plan; now the Successor Agency will need to find a Future owner - likely one that would expect remediation and/or liability protection perhaps under the Gatto Act.
Costs for this would need to be borne by the Successor Agency, but the certainty on funding-not to mention the interest of a private owner taking ownership-is highly unclear notwithstanding the very clear expectation that the Successor Agency will complete its activities by 2024-25. We believe the best the Successor Agency can do is to notice the property as surplus and remain in existence as the probable owner in perpetuity if and until the Legislature alters the Dissolution Act to address situations such as this with unmarketable properties.
FEE PROPOSAL
An overall schedule for the work program above with the various optional components is included as an attachment to this letter. The breakdown of the corresponding funding sources is presented below as well:
Successor Agency RPTTF - Admin Allowance and Property Disposition Budget - Fund 611 $46,860 RSG would retain our current fee schedule that has been in effect with the City since 2013 when we began providing professional services. Our Billing Rates are as follows:
Principal/Director
Senior Associate
Associate
Senior Analyst
Analyst
Research Assistant
Clerical $60
RSG does not charge clients fortravel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material more than five (5) copies. These costs are charged back at the actual expense plus a 1 0% surcharge.
RSG ISSUES monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate.
Sincerely,
Jim Simon, Principal
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Scope of Services
2022-23 Successor Agency Work Program
City of South Gale Sutt.essor Agency (February 2022) Task Hours & Billinq Rate
Principal Dlttt.tor Associate Sr.Analyst Analyst Total? $ 235 $ 235 $ 160 $ 135 $ 125
Task 1
Fund #
fi1l
617
611
611
817
Succsssor%ancySemcta 56
PPA. ROPS. and Property Dhposlk:in for remairUng 3LRPMP properlkis (subjecl lo SLA requkemenls) Task 1.1
Task j.2
Task 13
Task 14
Task 15
Pikir Perlod Adjustment, Due October 4
ROPS 2023-24 Preparallon
3500 Tweedy Bl - Proper7 Remedlatlon CoordlnaTon with TELACu, SLA, Llstlng 7916 Long Beach Bl - PSA Oversklht
EI Paseo Parking Loi LRPMP Properly - SLA and Disposition of Brownfield 30 75
5 10
40 1(l
TO
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Attachment C
Amendment No. I
Contract No. 2020-19-CC
AMENDME!%T NO. I TO CONTRACI' N0. 2020-19-CC
FOR ADDITIONAL GENERAL ON-CALL SERVICES FOR TIrE COMMtJNITY DEVELOPMENT DEPARTMENT BETWF,F,N THE CITY OF SOUTH GATE AND RSG, INC.
This Amendment No. l to Contract No. 2020-19-CC for additional general on-call services for the Community Development Dcpartment ("Amendment No. l"), is made and entered into on May 25, 2021, by and between the City of South Gate, a municipal corporation ("City"), and RSG, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and coUcctivcly referred to as "Parties,"
RECIT ALS:
WHEREAS, on March 10, 2020, the City Council approved Contract No. 2020-19-CC with Consultant ("Agreement") to provide general on-call sctvices related to tl'ie dcvclopment and management of housing policies and related granL programs, in an amount not to exceed One Hundred Seventy Two Thousand One Hundred Fifteen Dollars ($172,115); WHEREAS, City does not have the personnel able and/or available to perform the unique services as identified in the Work Program attached hereto as Exhibit "A" and made a part to this Agreement; and
WHEREAS, City and Consultant desire to cxccutc Amendment No. 1 to thc Agrecmcnt for additional general on-call services for the Community Development Department for an additional one-year term, through and including June 30, 2022, in an amount not to excecd Two Hundred Tluee Thousand Nine Hundred Fifteen Dollars ($203,915), under the terms acid nt, bringing the aggregate total o
lto a total sum of Three Hundred Seventy Six Thousand Thirty Dollars ($376,030).
NOW, THEREFORE, THE PART IES HERETO AGREE AS FOLLOWS:
MODIFICATION TO AGREEMENT.
a, COMPENSATION. Tlie amount of compensation paid by City to Consultant for the additional services as identified in Exhibit "A" shall not exceed Two Hundred Three Thousand Nine Hundrcd Fiftcen ($203,915), bringing the aggregate total of the Agreement and Amendment No. Ito a total sum of Tiree Hundred Scvcnty Six Thousand Thirty Dollars ($376,030). b. TERM OF AGREEMENT. This Amendment No. 1 is effec6ve May 25, 2022 through and including June 30, 2022, unless othcrwisc terminated as provided for under the terms of the Agreement.
2. EFFECT OF AMENDMENTS. Except as expressly amended herein, all othcr terms and conditiors of the Agreemenl and its Amendments, Attachments, and Exhibits thereto, shall remain in full force. All of the recitals to this Amendment No. l are incorpotatcd Page l orZ
-=ZA118
Amendnient No. 1
Contract No. 2020-19-CC
into the Agreement as modified by this Amendment No. 1.
IN WITNESS WHEREOF, the Parties hereto liave caused this Amendment No. Ito be executed and attested by tlieir rcspective officcrs hereunto duly authorized.
CITY OF SOUTH GATE:
Al Rios, Mayor
Dated: 64: d;! 2/
ATTESTED:
Carmen Avalos, City Clerk)
(SEAL)
APPROVED AS TO FORM:
F. Salinas, City Attomey
RSG, INC.:
JinySimon, Principal, RSG, Inc.
Date* {Pf(,4,,J-
Page2or2
30 119
Exhibit "A"
%"/ arrran couxtmrrtn,
s ICtLD!11 FUmlTll&
17872 GIILETTI AYE.
SUITE 350
IRVIM, CA <12614
714 541 4585
INF(X!)WE!BR5G.COM
WRBRgei.eOM
May 20, 2021 Via Eleatronlc Mail
Chris Jeffers, Interlm City Manaqer
CITY OF SOUTH GATE
8650 Califomia Avenue
South Gate, 04 90280
PROPOSED WORK PROGRAM - 2021-22
COMMUNITY DEVELOPMENT DEPARTMENT 8ERVICES
Dear Mr. Jeffers:
At your request, RSG has prepared this smpe of workfor the 2021-22 fiscal year.
ACCOMPLISHMENT8 DURING THE CURRENT FIS(A. YEAR
Since the beginning Of the orreni fisagl Yeari R8G hag pmvlded over 1,200 hOurB or conailting services to South Gate resultlng In the followlng acoomplishments:
1. Citv (Community Development Deoartmentl
a. nmely application for a $300,000 EPA Assessment Coalitlon Grant to provide 6ty funds to condud brownfleld Inwstigations and facilitate redevelopment in the three spectfk, plan areas and along Long Beach Boulevard.
b, Preparation of a draft Incluslonary Houslng Ordinance and draft Inclusionary Hoiising Study (orrently on hold)
c, Timely applk,ation and award of an estimated $4,327,920 In Permanent Loail Housing Ajlocatlon Program funding to increase affordable housing supply. Funding will be dlstrlbuted over the five-year fundlng period.
d. Initiated Housing Division Efficiency Audit to identify best praThces for sustaining operations and dellverlng best-In-class CDBG, HOME, SecUon 8, and general hdusing services . e, Preparatlon and presentation of second annual report on June 2018 Eoonomic Development Strategic Plan
PROPOSED WORK PROGRAM FOR 2021-22
R8G has developedlhe propased workplan for FY 2021-22 based on the status of proJamwe are ourraitly handling.
Due to COVID am other drcumstances, two of RSG's proJeds were suspended in 2020, but we antiTh:ta the City wlll still want to proceed mth these projects. We have also antiaapated either an update to the existing (now 3 year old) Economic Development Strategy or a review of the current sbaategy, as well as some on call services, The budgets for these tasks are induded in the desaiptions below:
IRVINE BlRKE.LtY VISTA
120
Chris Jeffers, Interim City Manager
CITY OF SOLffH GATE
May 20, 2021
Economig Development 31aaj@qic pla(l: To align mth the current prtorlfles of the comrnun)ty post- COVID as well as those of the current Clty Councll, RSG has prevlously reoommended to staff to updatetheJune2018StrategicPlan. Basedbothonourprforworkandourfocuslargelyaround engaging key constituencies of the community, RSG wguld work with stdf to convene a task force once again to develop and bring forward refreshed priorities and goals for the next three years.
The structure and depth ofthe strategywould be comparable to the current one,in order,to contain costs for the City. We hgve plaoed a prellmlnary budget of $32,850 for this work In the saype dt services here and mn elaborate ormodifyasstaffprefers.
As an alternative to a new Strategy, RSG may also work with the Community Development Deparhnent to prepare a third-year report on accompllshmerits, similar to the last two that have been presented to the City Coundl (most recently In December 2020). The estimated cost for thls alternative Is $6,075.
Incluslonarv HoueinQ Ordinance and kn-(leu Fee AdODtiOn: RSG haS alloed time to work on the completlon of the feasibility study, draft ordlnance, and In-lieu fee resoluUon, collaboratlng with staff, Planning Cornmlsslon, City Council, and the publlc for adoption. We envlslon a limited amount of additional work to adopt the draft Ordinance presented In fell 2020 and have Included 4 publlc meetings for consideraUon and adoption. We antidpate a oost of $28,770 to complete the cunent draft ordinance and adopt the proposed fee schedule, unless the City seeks to slgnlflcmUy revamp the approach taken thus far.
If pursued, the City General Fund would be responsible for the costs for the Incluslmary Housing Ordinance,
Gateway TOD SIP Grant / Equitable Development 8trateqv: As pat of the successful gant applicatlon to Metro, the City a:immitted to preparlng an equitable development strategy for the redevelopment of the area around the Gateway transit station to address indusSe and equitable economic development. The soope of work for this strategy was 1ncluded in the grant application, Kickoff meetinqs mth staff, Planning Cornrnlsslon, and City Coun61 (3 meetings) to discuss process and present approach for discussion md considerations.
Compile economic research and develop summary of key issues currently and potmtlally fadng South Gate residents, property owners, and businesses wlth implementatlon of the Gateway TOD proje+ct. Develop Initial presermtion materials for revlew with staff, then presentaUon and discussion mth stakeholder groups. Most research would be compiled from exlstlng work RSG has performed in 2020 related to housing and household Issues, with additional researdi on commercial real estate and buslness dlmate, both before and during the COVID-19 crisis.
Dellverables include one draft and one final presentation, Develop and executed three-part stakeholder engagemerit program, consisting ofidentifylng key makeholder groups in conjundion wlth dty staff, that represent the interests of those impacted or ot5ermse effected by the Gateway TOD proved.
Pat 4 : Survey - Stakeholder engagement would consist of an online survey to awlde range of stakeholders (RSG would reaxmmmd community activlsts and leaders, Indidlng nonprofit stakehdders we spoke w!th earller In 2020) to galn understanding on priorities and conmms about projea implementation, indudlng what parts of the communRy may need specific 121
Chris Jeffers, Interlm Clty Manager
CITY OF SOUTH GATE
May 20, 2021
attention, We would use that survey feedback to deslgn stakeholder meeting agenda, format, and deslrsd outcomes, and review this with the client for oomment or revisions.
Part 2: Stakeholder Meetings - Basm on volunteers from the survey (where they would be invited to express interest in attending (virtual) stakeholder meetings), notioe, organize and conduct (virtual) 5-6 stakeholder workshops vla Zoom (can consider in psrson if appropriate, safe, and ultimately belleved to result in larger parUdpatlon), For each meeting, prepare recap of actions and agreements, alonq with photos, graphlcs shared, and attendance mster.
Part 3: Community Meeting: Prepare notice, draft agenda, and execute one community workshop to present results of Survey and Stakeholder MeeUngs identt§ top issues/concems about project bulldout, priornles for planning and eoonomlc polldes and practices to proted exisUng residents and businesses, whlle affording them maximum opportunities to benefit ffom the pmject. Indude (from RSG) the steps and amlons necessary to Implement these adions, essuming some ofthese may betechnlcal, procmural, orbudgetary in nature, Invite comments on these flndlngs from the publk, and Incorporate Into deliverables.
Deliverables: 1) a summary memo of public outreach process and results, Inairporate resulting comments and feedback from outreach, and prepare Equnable Development Strategy that emerges as an outcome of stakeholder engagement, Indudlng planning, community development, economk, development, and ongolng public partldpatlon components.
Dellverables indude two drafts and one final document.
Presentatlon of Strategy at Planning Commlssion and City Counal meetings, induding assistance with preparing agenda bills and powerpoinL 5821 DDA: The City entered Into a dlsposillon and development agreement with Prirnestor (the owner of the adjacent shopping center) for development of this parking lot property, RSG would oversee the due dlllgence and schedule of performance, as well as escrow coordination to ensure compliancewlth the DDA and a successful mmpletion ofthe project.
This project would be funded by the City General Fund. .
Specjjig Plan lmplerrlenta6or): As part of the SB 2 grant, the City pledged to use the grant funds to identify infill opporb.inity sites for redevelopment and work mth extstlng property owners to explore Interest in redevelopment or sale, These services would include development program feasibility, cost esUmates, and property owner outreach, This task was Included In the SB 2 grant and would be funded by these grant funds.
: Ocmlonally we are asked to assim staff on other projects; when these tasks are so minor and smdl In nature, providlng a separate soope of work Is not necessary. For this purpose, we have Induded a $14,950 budget 'oontlngen7' for this purpose In the overall soope of work to asslst sta as needed,
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Chrts Jeffers, Interim City Manager
CITY OF SOUTH GATE
May 20, 2021
FEE PROPOSAL
An overall schedule for the work program above mth the various optlonal components Is Included as an attadiment to this letter. The breakdown of the corresponding funding sources is presented below as well:
Housing Division / SB 2 Grant
Plaming Divis6n / Metro TOD SIP Grant
General Fund (emnomlc development, incluslonary housing, Flrestone property) Total
$48,500
$67,020
$88,395
$203,915
RSGwould retain our currentfee schedule that has been in effectwlth the City since 2013 when we began provlding professional services, Our Billing Rates are as follows:
Ptincipal/Director
Saiior Associate
Associate
Senior Analyst
Analyst
Research Assistant
Tediniaan
Cleriwl
RSGdoesnotchargeclientsfortravelormlleage(exwptdireacostsrelated tofieldwork/surveys),parking, standard telephone/fax expenses, general postage, or inadental copies. However, we do charge for messenger services, ovemight shlpplng/express mail costs and teleconferercing services. We also charge for mples of reports, documents, notlces, and support materlal more than five (5) coples. These costs are charged back at the adual expense plus a 1 0oA surcharge, e upon ass
identify tasks mmpleted to date, hours expended and the hourly rate.
Sincerely,
C)4.
Jim Simon, Princlpal
?)'-f
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Contract 2020-19-CC
AGREF,MF.NT FOR PROFESSIONAL SERVICES FOR GENERAL
ON-CALL SERVICES BETWEEN THE CITY OF SOUTH GATE
AND RSG, INC.
This Agreement for Professional Services for General On-Call Services ("Agreement") is made and entered into on March 10, 2020, by and between the City of South Gate, a municipal corporation ("City"), and RSG, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, City desires to retain Consultant for General On-Call Services; and WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perf'orm properly and timely the Professional Services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform the services described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
I. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as in it part ofthis Agreement. Scope
of Services may be mutually amended from time to time by both Parties in writing.
2. COMPENSATION. The total amount of compensation for this Agreement shall not exceed the sum of One Hundred Seventy Two Thousand, One Hundred and Fifteen Dollars ($172,115) as described in the Fee Proposal attached hereto as Exhibit "B." City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred unless first approved in writing by the Director of Community Development.
2.1 Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between the Consultant's office and City Hall shall not be billable; however, mileage is an allowable charge reimbursable at the federal rate. Consultant may request an exemption on a case by case basis.
Page I of 12
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2.2 Consultant shall submit to City a monthly invoice for services rendered included in Exhibit "A." City shall pay the Consultant within forty-five (45) days of receipt of the invoice.
2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
TERM OF AGREEMENT. This Agreement is effective as of March 10, 2020, and will remain in effect through and including June 30, 2021, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
CITY AGENT. The Director of Community Development, for the purposes of this Agreement, is the agent for the City. Whenever approval or authorization is required, Consultant understands that the Director of Community Development has the authority to provide that approval or authorization
CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located within City which may be affected by the services to be performed by Consultant under this Agreement. Consultant further represents that in performance of this Agreement, no person having such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the term of this Agreement.
tant represents no City employee or official has a material financial interest in the Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in the Consultant's business or in this Agreement by any City employee or official,
GENERAL TERMS AND CONDITIONS.
6.1 Termination for Convenience. The City may terminate this Agreement at any time without cause by giving fifteen (15) days written notice to Consultant of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. [f this Agreement is terminated by City as provided herein, Consultant will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
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6.2 Termination for Cause.
6.2.1 The City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
a, If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof; or
b. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either or these circumstances does not correct such failure within a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.
6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.
6.2.3 Ifa this Agreement is terminated as provided above in Subsection 6.2.1, City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computation, surveys, models, or otlier similar termination,
Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.
6.2.4 If, after notice of termination of the Agreement under the provisions of Subsection 6.2.1 above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6.1 above.
6.3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.
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6.4 Non-Discrimination.
6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and City governments, Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sec, national origin, disabled or age.
Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, are free from such discrimination. Such employment practices include but are not limited to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship
6.4.2 The provisions of Subsection 6.4.2 above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy or Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.
6.5 Insurance. Consultant shall submit to City certificates indicating compliance with the following minimum insurance requirements no less than one (I) day prior to beginning of performance under this Agreement:
6.5.1 Workers' Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
6.5.2 Comprehensive general and automotive liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of
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$1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. Be issued by a financially responsible insurance company or companies admitted or authorized to do business in the State of California or which is approved in writing by City. b. Name and list as additional insured City, its officers and employees.
C. Specify its acts as primary insurance-
d. Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except upon thirty (30) days prior written notice to City of such cancellation or material change."
e. Cover the operations of Consultant pursuant to the terms of this Agreement.
6,6 Indemniflcation. Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of' Consultant' s (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any parties not acting on behalf oj. at the direction of, or under the control of Consultant.
6.7 Compliance With Applicable Law. Consultant and City shall comply with all applicable laws, ordinances and codes of the federal, state, county and city governments, without regard to conflict of law principles.
6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between City and Consultant.
6.8.1. Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neaither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set f'orth, and Consultant expressly warrants not to, at any time or in any
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manner represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligatioris to City are solely such as are prescribed by this Agreement.
6.8.2. Jndemnification of CalPERS Determination- In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf or Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility or City.
6.9 Consultant's Personnel.
6.9.1 All services required under this Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
6.9.2 Consultant shall be solely responsible for the work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
6.9.3 Consultant shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
6.9.4 Consultant shall indemnify and hold harmless the City and all other related entities, officers, employees, and representatives, from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices, or of any acts or omissions by Consultant in connection witli the work perf'ormed arising from this Agreement.
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6. 10 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Consultant.
6.11 Legal Construction.
6. 11.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California, without regard to conflict of law principles.
6.11.2 ThiS Agreement Shall be construed Without regard tO the identity Of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of the same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
6.11.3 The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or ref'erred to in resolving questions of interpretation or construction.
6.11.4 Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.12 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of' the final payment made under this Agreement shall operate as and be a release of City ities compensation to
Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
6.13 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to the Consultant.
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6.14 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.15 Waiver; Remedies Cumulative. Failure by a Party to insist upon the perforinance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shali be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
6.16 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.
6.17 Severability. If any provision in this Agreement is held by a court of competent in VO Or rematntng prOVlSlOnS Wl
nevertheless continue in full force without being impaired or invalidated in any way.
6.18 Attorney's Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorney's fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorney's fees and costs in addition to all other relief to which that Party or those Parties may be entitled.
6.19 Entire Agreement and Amendments. This Agreement constitutes the whole agreement between City and Consultant, and neither Party has made any representations to the other except as expressly contained herein. Neither Party, in executing or performing this Agreement. is relying upon any statement or information not contained in this Agreement. Any amendments, changes or
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modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.
6.20 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery, and depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
City of South Gate
Joe Perez
Director of Community Development
8650 California Avenue
South Gate, CA 90280
Email:jperezi271sooaLc.ore
TO CONSULT ANT:
RSG, Inc.
Jim Simon
Principal
17872 Gillette Avenue
Irvine, CA 92614
Email: jsimontFtfivebrsa.coin
WITH COURTESY COPY TO:
City Clerk's Office
Carmen Avalos
City Clerk
8650 California Avenue
South Gate, CA 90280
Email: cavalos/"a!sooate.org
6.21 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.
6.22 Consultation With Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.
6.23 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this Agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be construed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.
6.24 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all Parties herein.