Respectfully,
Justin J. Mahramas
for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
SMRH:4862-8896-2444.4
cc: Ms. Yalini Siva, Senior Planner
Mr. Craig Hardwick, City Attorney
Mr. James E. Pugh, Sheppard Mullin Richter & Hampton 167
ATT ACHMENT F
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169
e5AWm!Rf#Ofllel Item No. 2
NUV 7 5 2023
/l.' lr ur-
Ciffl of South Gate
CITY COUNCIL
AGENDA JLL
For the Regular Meeting o'f: November 28, 2023
a a a Department: Human Resources
DepartmentDirector: n 07ton CifflManager: ChOrl7s!Jer,s' SUBJECT: ORDIN , N0. 2023-05-CC AUTHORIZING AN AMENDMENT TO
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT TO
IMPLEMENT A COST SHARING PROGRAM BETWEEN THE CITY AND
UNREPRESENTED EXECUTIVE MANAGEMENT CONTRACT EMPLOYEES GROUP PURPOSE: To consider adopting Ordinance No. 2023-05-CC authorizing an amendment to the contract with the California Public Employees Retirement System ("CalPERS") to implement a cost sharing program amendment between the City of South Gate ("City") and the Unrepresented Executive Management Contract Employees ("Executives") group.
RECOMMENDED ACTION: The City Council will consider waiving the reading in full and adopting Ordinance No. 2023-05-CC authorizing an amendment to the contract between the City and the Board of Administration of the California Public Employees' Retirement System implementing Section 20516 (Employees Sharing Additional Cost) to provide employee cost sharing of 1% for local Executives effective on December 31, 2023.
FISCAL IMPACT: The estimated savings from implementing the cost sharing program is $17,600 in Fiscal Year 2023-2024 and an additional$l7,900 in Fiscal Year 2024-25.
NOTICING REQUIREMENTS: A public hearing notice was duly published in the South Gate Press, a newspaper of general circulation on Thursday, October 19, 2023.
ANALYSIS: At the regular City Council meeting of November 14, 2023, the City Council heard the staff report, took public comment, and voted 5-0 to waive the reading in full and introduce the attached Ordinance authorizing an amendment to the contract with CalPERS to implement a cost sharing program between the City and the Executives.
California retirement law allows for two types of cost sharing where employees pay a portion of the employer contribution to CalPERS. The first type of cost sharing is by CalPERS contract amendment under Government Code ("GC") § 20516(a-e). In order for cost sharing to be effective under that method, CalPERS must first approve a contract amendment with the City. This form of cost sharing is generally more favorable for employees, as the additional employee contributions are considered by CalPERS to be "normal member contributions" and are treated as pre-tax contributions. As such, this is the cost-sharing method the City is proposing. l
170
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 § l.54.470 and California Public Contract Code § 22050. Those Code Sections allow cities, by resolution, to approve the City's entry into contracts without engaging in public bidding where certain emergency conditions are found to have occurred. Staff continues to believe that the County's Order directing all construction work to be ceased on the Project, constitutes such an emergency due to the public's safety with an unfinished construction site and the need to respond accordingly to additional directives given by the County related to ensuring public safety. Staff is recommending that the City Council adopt the proposed Resolution so that the City can avail itself of the accelerated contracting procedures authorized by those Code Sections. The Resolution, (l) declares an emergency, (2) authorizes the City Manager to take such actions deemed necessary to cause the maintenance activities to be performed and to procure the necessary equipment, services, and supplies all without giving notice for bids for contracts, (3) requires that at each regularly scheduled City Council Meeting, the City Manager present to the Council the reasons justi:tying 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 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.
2 171
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. To date three months of monitoring have been completed per the Phase II Workplan.
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 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.
7. Construction work has begun on the scope of work approved in the WICM. Progress to date includes completing backfill of overflow structure at the south wetland, completing the north wetland slope stabilization, backfill of the reservoir, construction of the easement road, . Construction is substantially complete for the work adjacent to the Bandini Channel. Pending work includes completion of the electrical distribution system, installation of the security cameras, and boarding up of the education building.
The work is scheduled to be completed in December 2023.
8. Methane gas monitoring has begun as of June 2023 and will be completed in December 2023. The completed sampling results are scheduled to be submitted to the LEA in December 2023. There are 16 probes throughout the 7-acre site. One probe has detected low traces of methane, however, the amount is below regulatory requirements.
A preliminary meeting was held with the LEA to review the results and discuss next steps. The City is working with Tetra Tech to prepare and submit a final report.
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 3 172
development project. The requirements of the PCLUP came into effect in 1988. As such, the project site is subject to State solid waste regulations that require the PCLUP before any change to the current land use, construction, or land preparation can occur.
The Los Angeles County Department of Public Health, Solid Waste Management Program, acts as the LEA for the State of California's Department of Resources Recycling and Recovery ("CalRecycle"). The County is authorized by Division 30 of the Public Resources Code ("PRC"), Section 43209 and 45000, Title 14 and 27 of the California Code of Regulations (14 CCR & 27 CCR), to enforce applicable solid waste regulations and to ensure solid waste sites meet the state minimum standards within the County of Los Angeles. As such, the City is working with the LEA to obtain approval of the PCLUP.
Construction is currently at the 80% completion stage. Improvements that have been substantially completed include, but are not limited to, rough grading, drop inlet for storm water diversion structures in the Bandini Channel, a wetland overlook area, the stream adjacent to the education/flexible space building and wetland, south bio swale, construction of 18 raised planters, planting of 75 trees, installation of the prefabricated education center and the restroom/maintenance building, two shade structures, a water element at the playground, installation of multi-use walking and bicycle pathways, exercise equipment located at various stages along the walking and bicycle paths, benches, picnic tables, drinking fountains, trash cans, and pathway lighting. The total estimated cost of improvements completed to date is over $12 million.
The Project has received the listed grants. The process has begun to enter into an agreement with Caltrans to receive an additional $5 million for a grand total of $30.5 million.
Grants Amount Grant Recipient
State Water Resource Control Board (Prop 1) $7,975,100 City
Land and Water Conservation Fund (LWCF) $3,000,000 Los Angeles County Flood Control District $530,000 Safe 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
TPLPrivate Donations $90,000
Total $30,506,161
ATTACHMENT: Proposed Resolution
GD:lc
4 173
Attachment A
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, ST ATE OF CALIFORNIA, DECLARING AN EMERGENCY STILL
EXISTS AND AUTHORIZING REPAIR, REPLACEMENT OR
MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO
THE URBAN ORCHARD PROJECT WITHOUT PUBLIC BIDDING,
PURSUANT TO THE EMERGENCY CONTRACTING PROCEDURF,S 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 sucli time that a Post Closure Land Use Plan ("PCLUP") is submitted to tlie County for approval before any change to the current land use, construction, or land preparation can occur to comply with the requirements of the Califoniia 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 rintil the County issues its PCLUP, it will be necessary in the interim for certain minimal maintenance activities to be performed at the site for the protection of the existing improvements and/or for public safety (collectively, the "Maintenance Activities"); WHEREAS, at a special meeting of the South Gate City Council ("Councir') held on Monday, February 6, 2023, the Council received infori'nation provided by the City's Public Works Department establisliing that the City does not have sufficient manpower to perfori'n the Maintenance Activities with its own forces, and that the imi'nediate need for the performance of the Maintenance Activities does not permit a delay that would result from a competitive solicitation for bids; and
Page I of 3
174
WHEREAS, the City is working diligently to secure tlie 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 tlie 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 perfori'n 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 oftechnical documents such as the Workplan for interim measures and a Suini'nary of Site Investigation, and the City continues to address the requirements imposed by tl'ie 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 tiue and correct and incorporated herein by reference.
SECTION 2: Pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code § 22050, the Council hereby authorizes and directs the City's City Manager and his designees to take such actions as the City Manager deems necessary to cause the Maintenance Activities to be perfon'ned, and to procure the necessai'y equipment, services, and supplies therefore, all without giving notice for bids to let contracts, and witliout 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 tenninated, tlie Council shall review the emergency action to deten'nine, by a four-fifth's vote, that there is a need to continue the emergency action.
175
SECTION 5. The Council shall teri'ninate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the Maintenance Activities may be completed by giving notice for bids to let contracts.
SECTION 6. In accordance with the provisions of California Public Contract Code § 22050, this Resolution shall only be effective if passed by a four-fiftl'is vote of the Council.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED tliis 28f'l day of November 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
Page3of3
176
CffYMANAGER'S DFFICE
Item No. 3
NOV 2 I 2023
tl:8D f)fl€- City of South Gate
CITY COUNCIL
AGENIDA BULL
For the Regular Meeting of: November 28, 2023
ent: Public Works
DepartmentDirector: "f' CityManager:(2!18
oCervant s ChrisJeffers
SUBJECT: RESOLUTION DECLARING A CONTINUED EMERGENCY AND
AUTHORIZING REPAIR, REPLACEMENT OR MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO THE URBAN ORCHARD, CITY PROJECT NO. 539-PRK WITHOUT PUBLIC BIDDING, PURSUANT TO THE EMERGENCY
CONTRACTING PROCEDURES OF THE SOUTH GATE MUNICIPAL CODE AND
THE CALIFORNIA PUBLIC CONTRACT CODE
PURPOSE: To declare an emergency still exists and to authorize the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project without public bidding. The Los Angeles County Department of Public Health, Solid Waste Division ("County") issued a Corrective Action Order requiring construction to stop on the project. The declaration of emergency is necessary to streamline the process to procure a replacement contractor to provide maintenance activities to preserve the site in a safe condition until the County authorizes construction work on the project to resume.
RECOMMENDED ACTIONS: The City Council will consider making a finding and adopting a Resolution declaring an emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539- PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code.
FISCAL IMPACT: There is no impact to the General Fund. The Urban Orchard Project ("Project") has received a total of $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 a time as a Post Closure Land Use Plan ("PCLUP") for the Project site was approved by the County. Given the PCLUP approval process and input received to date, it will take at least several months, possibly six or more, to obtain approval.
To avoid the significant delay damages that would be payable by the City to the general contractor during a prolonged suspension of the project pending approval of the PCLUP, the City 1 177
The alternative method is cost sharing under GC FS) 20516(f). That methodology is between the City and its employees only, without a CalPERS contract amendment. Under GC § 20516(f), the additional employee contributions effectively subsidize the City's CalPERS contributions and are considered after-tax contributions.
BACKGROUND: The City's current contract with CalPERS provides that all employees pay the full employee share toward their retirement benefit. That contribution percentage differs based on whether they are "Classic" unit members or "PEPRA" unit members. During the most recent contract negotiations between the City and the Executives, they agreed that they would participate in a cost sharing program. The South Gate Police Management Association ("SGPMA") was the first labor group to participate in the cost sharing program by having all their "Classic" unit members contribute 2% of their salary toward the City's share of their retirement benefits beginning in FY 2022-23. The final ordinance amending the CalPERS contract for the cost sharing program with SGPMA was approved by the City Council at its February 14, 2023, meeting by adopting Ordinance No. 2023-01-CC.
The other employee associations, the Miscellaneous Employees Association ("MEA"), the Professional Mid-Management Association ("PMMA"), the Division Management Association ("DMA"), and the Police Officers' Association ("POA"), followed with members agreeing to participate in the cost sharing program by contributing 1% of their salary toward the City's share of their retirement benefits begiru'iing in FY 2023-24. The final ordinance amending the CalPERS contract for the cost sharing program with MEA, PMMA, DMA, and POA was approved by the City Council at its June 13, 2023, meeting. The cost sharing program for each of these labor groups is pursuant to California Governrnent Code 20516(a) and was effective in July 2023.
Staff began working with CalPERS to amend the City's contract to implement this change affecting the Executives in August 2023 and received approval and the necessai'y information to move forward on September 6, 2023. The cost sharing program for the Executives is pursuant to California Government Code F3( 20516(a) and will be effective on the payroll pay period beginning on December 31, 2023.
In order to proceed with amending the City's contract with CalPERS for cost sharing, CalPERS requires a Resolution of Intention, an election of employees agreeing to the contract change, and adoption of an ordinance amending the City's contract with CalPERS. At its October 10, 2023, meeting, City Council adopted Resolution No. 2023-69-CC declaring its intent to amend the contract with CalPERS to implement a cost sharing program. Furthermore, the Executives conducted a secret ballot election from October 10-17, 2023 and a majority of the members voted in favor of the proposed cost sharing program. The final step to amend the contract is to adopt an ordinance authorizing an amendment to the contract between the City and CalPERS. The City Council voted 5-0 at the November 14, 2023, Regular City Council meeting to waive the reading in full and introduce an Ordinance authorizing an amendment to the contract. Staff is now recommending final adoption of Ordinance No. 2023-05-CC at today's City Council meeting.
ATTACHMENTS: A. Ordinance No. 2023-05-CC
B. Resolution No. 2023-69-CC
2 178
Attacl'u'nent "A"
ORDINANCE N0. 2023-05-CC
CITY OF SOUTH GATE,
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
SOUTH GATE AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
WHEREAS, the Public Employees' Retirement Law pernnits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; WHEREAS, on October 10, 2023, City Council adopted a resolution declaring the City's intention to approve an amendment to said contract between the Board of Administration of the Califoniia Public Employees' Retirement System and the City of South Gate; and WHEREAS, the City Council held a duly noticed public hearing to consider the introduction of this Ordinance and hear public testimony on November 14, 2023.
NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1, The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council does hereby determine that an amendment to the contract between the City Council of the City of South Gate and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.
SECTION 3. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.
SECTION 4, If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections,
179
Attachinent "A"
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall take effect and be in force on the thirty-first (ilst) day after the date of its adoption, and prior to the expiration of 10 days from the passage thereof shall be published at least once in the South Gate Press, a newspaper of general circulation, published and circulated in Los Angeles County and thenceforth and thereafter the same shall be in full force and effect.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED, and ADOPTED this 28'h day of November 2023.
CITY OF SOUTH GATE:
BY:
Maria del Pilar Avalos, Mayor
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVE AS TO FORM:
By:
F. Salinas, City Attorney
180
Attachment "A"
I M
Exhibit 7A"
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
a
Between the
Board of Administration
('zl.ifnrn;* Pitbuc Eiupluyccs' Retirement System
' and the a
City Council
City of South Gate
-+
The Board of Administration, California Public Employees' Retirement System, hereinaffer referred to as Board, and the governing body of the above public agency, hereinaffer referred to as Public Agency, having entered into a contract effective March 1, 1949, and witnessed January 24, 1949, and as amended effective August, 1, 1952, November 1, 1952, May 1, 1958, August 1, 1964, November 16, 1969, October 15, 1972, February 4, 1973, September 2, 1973, July 6, 1975, April 22, 1979, October 17, 1982, April 27, 1983, January 14, 2001, June 30, 2001, July 1, 2002, May 12, 2010, August 26, 2017, March 26, 2023, and July 16, 2023, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:
A, Paragraphs 1 through 17 are hereby stricken from said contract as executed effective July 16, 2023, and hereby replaced by the following paragraphs numbered 1 through 17 inclusive:
a
1. All words and terms used herein which are defined in the Public Employees Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members, and age 57 for new local safety members.
56 181
Attachment "A"
Public Agency shall participate in the Public Employees' Retirement System from and affer March 1, 1949, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. a
Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program. (b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas.
a
(c) PublicAgency'sagreementwithathirdpartyotherthanCalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided underthis Contract and provided for under the California Public Employees' Retirement Law.
4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).
a
6 7
182
Attachment "A"
a
a
a
5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. PERSONS EMPLOYED IN THE CLASS OF CROSSING GUARD HIRED ON OR AFTER SEPTEMBER 2, 1973.
Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994.
The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member in employment before and not on or after July 1, 2002, shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full).
The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member in employment on or affer July 1, 2002, shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7o/o at age 55 Full).
The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).
10. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).
11. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).
12. Public Agency elected and elects to be subject to the following optional provisions:
a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). 7 8
183
Attachment "A"
I I
Section 20042 (One-Year Final Compensation) for classic members only.
a
Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution Rate). From April 22, 1979, and until October 17, 1982, the normal local miscellaneous member contribution rate shall be
3.5% and 4,5% for local safety members. Legislation repealed said Section effective September 29, 1980.
d. Section 20690, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978).
e, Section 21024 (Military Service Credit as Public Service) for local miscellaneous members only.
Section 20965 (Credit for Unused Sick Leave) for local miscellaneous members only.
Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members only.
Section 20903 (Two Years Additional Service Credit).
Section 21583 (Additional Opportunity to Elect 1959 Survivor Benefits) for local miscellaneous members only.
Section 20516 (Employees Sharing Additional Cost):
a
From and afier March 26, 2023, 2% for classic locat police members in the South Gate Police Management Association
From and after July 16, 2023, 5% for local miscellaneous members in the South Gate Municipal Employees Association
From and after July 16, 2023, 1 % for local miscellaneous members in the South Gate Professional Mid-Management Association From and after July 16, 2023, 1 % for local miscellaneous members in the South Gate Division Management Association
From and afier July 16, 2023, 1% for classic local police members in the South Gate Police Officers' Association.
From and affer the effective date of this amendment to contract, 1% for local miscellaneous members in the Unrepresented Executive Management Contract Employees group.
m
8 9
184
Attachment "A"
a
a
a
From and after the effective date of this amendment to contract, 5 % for local police members in the Unrepresented Executive Management Contract Employees group.
The portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above the member's normal contribution ("Cost Sharing Percentage"), shall not exceed the Employer Normal Cost Rate, as that rate is defined in the CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Normal Cost Rate, the Cost Sharing Percentage shall automatically be reduced to an amount equal to, and not to exceed, the Employer Normal Cost Rate for the relevant fiscal year.
13. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on July 6, 1975, Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834,- and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834.
14. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System,
15. Public Agency shall also contribute to said Retirement System as follows:
a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law,
16. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law,
9 10
185
Attachment "A"
17. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fiffeen days affer the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
CITY OF SOUTH GATE
=::::,,%%"IV';';. ,cm AND PREFUNDING
PUBLIC EMPLOYEj!S' RETIREMENT SYSTEM
Wi1
Attl
a
m
AMENDMENT CalPERS 10 #7499896720
PERS-CON-702A 10
a
11 186
Attachment "B"
a
RESOLUTION N0. 2023-69-CC
CITY OF SOUTH GATE,
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, DECLARING THE CITY'S INTENTION TO
APPROVE AN AMENDMENT TO THE CONTRACT WITH CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO IMPLEMENT A
COST SHARING PROGRAM BETWEEN THE CITY AND
UNREPRESENTED EXECUTIVE MANAGEMENT CONTRACT
EMPLOYEES
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHF,REAS, one of the steps in the procedures to amend this contract is the adoption by the goveming body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
a
WHEREAS, the following is a statement of the proposed change:
To provide Section 20516 (Employees Sharing Additional Cost) of lo/o for local miscellaneous n'iembers in the Unrepresented Executive Management Contract Employees group.
NOW, THF,REFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council does hereby give notice of intention to approve an amendment to the contract between the City and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto as "Exhibit A," and by this reference made a part hereof.
[The remainder of this page left blank intentionally.] Page l of 2 12
187
Attachment "B"
SECTION 3. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED, and ADOPTED on this IOth day of October 2023. a CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
ATTEST:
B)/:
APPROVED AS TO FORM:
By:
Raul F. Salinas, City Attorney
u
188
Attachment "B"
a
ST ATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF SOUTH GATE
I, Yodit Glaze, City Clerk of the City of South Gate, California, hereby certify that the whole number of Members of the City Council of said City is five; that Resolution No. 2023-69-CC was adopted by the City Council at their Regular Meeting held on October 10, 2023, by the following vote:
Ayes: Council Members: Avalos, Barron, Davila, and Hurtado Noes: Council Members: None
a
Absent: Council Members: Rios
Abstain: Council Members: None
Recused: Council Member: None
Witness my hand and the seal of said City on October 11, 2023.
Yodit G , City Clerk
City of uth Gate, California
189
CITYMANAGER'S OFFICE
NOV 15 2023 C'Uy of South Gate
CITY COUNCIL
Item No. 4
yl-,H<hvr-'
AGENDA E3nLL
For the Regalar Meeting of: November 28, 2023
Ori a Department: Human Resources
Department Director: Ciffl Manager:
CerN[ers
SUBJECT: RESOL ON DIRECTING STAFF TO AMEND THE CITY'S
CONSOLIDATED PAY SCHEDULE TO UPDATE CERT AIN HOURLY POSITION WAGES TO CONFORM TO THE CALIFORNIA MINIMUM WAGE LAW EFFECTIVE JANUARY 1, 2024
PURPOSE: To direct staff to amend the City's consolidated pay schedule to update certain hourly position wages to comply with State minimum wage law.
RECOMMENDED ACTION: The City Council will consider adopting a Resolution directing staff to amend the City's consolidated pay schedule to update the hourly pay rates for Intern, Recreation Leader I, Recreation Leader II, Recreation Leader III, Recreation Leader IV, and Student Worker to conform to the minimum wage law effective January 1, 2024.
FISCAL IMPACT: There is no fiscal impact. The hourly rate changes were approved and included in the Fiscal Year 2023/24 budget.
BACKGROUND: On April 4, 2016, former California Governor Jerry Brown signed Senate Bill No, 3, which increased California's minimum wage each year from $10.00 per hour to $15.00 per hour by January 1, 2022. Effective January 1, 2023, California law mandated that the minimum wage increase again to $15.50 per hour. On January 1, 2024, California's minimum wage will increase again to $16.00 per hour. Ordinarily, the City relies on the prevailing labor market to determine that a particular position is paid fairly; oftentimes, the City is more generous than the labor market average.
Currently, the City has three positions that are paid at the state-mandated minimum wage of $15.50 per hour: Intern, Recreation Leader I, and Student Worker. In order to ensure the City remains in compliance with state law, approval is requested to increase the hourly wages for Intern, Recreation Leader I, and Student Worker from $15.50 per hour to $16.00 per hour effective January 1, 2024. As a result of the required increase to Recreation Leader I, there is an effect to the three positions above it, which must be remedied by making some adjustments to eliminate compaction issues between Recreation Leader I, Recreation Leader II, Recreation Leader III, and Recreation Leader IV. [Remainder of page left blank intentionally.]
190
Accordingly, in addition to increasing the hourly rate for Intern, Recreation Leader I, and Student Worker to $16.00, authorization is requested to adjust the hourly wages for Recreation Leader II, Recreation Leader III, and Recreation Leader IV as follows for all position in Table A:
Table A
Classification A B c D E
Intern $16.00 $16.80 $17.64 $18.52 $19.45
Recreation Leader I $16.00 $16.80 $17.64 $18.52 $19.45 Recreation Leader II $17.64 $18.52 $19.45 $20.42 $21.44 Recreation Leader III $19.45 $20.42 $21.44 $2252 $23.64 Recreation Leader IV $21.44 $22.51 $23.64 $24.82 $26.06 Student Worker $16.00 $16.80 $17.64 $18.52 $19.45
Note: The expressed values are hourly rates
Increasing the wages for those positions state law mandates will cause the cost of providing services to the comi'nunity to increase; however, increasing the wages for all hourly positions will have a much more dramatic impact. In an effort to ensure that all hourly positions remain competitive in the labor marketplace, on August 24, 2023, the Human Resources Department solicited each department to provide input to demonstrate whether any of their other hourly positions were not fairly paid based upon the prevailing labor market. With no input received, there is no need to adjust any of the other hourly positions at this time; however, the Human Resources Department constantly assesses the fair market value of all the City's positions and, when necessary, recommends the appropriate adjustment to ensure fair and competitive wages are maintained.
Accordingly, it is requested that City Council approve a resolution directing staff to update the City's consolidated pay schedule as outlined in Table A above with an effective date of January 1, 2024.
ATTACHMENT: Proposed Resolution.
191
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE DIRECTING ST AFF TO AMEND THE CITY'S CONSOLIDATED
PAY SCHEDULE TO UPDATE CERT AIN HOURLY POSITIONWAGES TO
CONFORM TO THE CALIFORNIA MINIMUM WAGE LAW EFFECTIVE JANUARY 1, 2024
WHEREAS, on April 4, 2016, then-California Governor Jerry Brown signed Senate Bill No. 3, which increases California's minimum wage yearly so thatit will reach $15.00 perhourin2022; and WHEREAS, currently, California's minimum wage is $15.50 per hour and State law will increase the minimum wage on January 1, 2024, to $16.00 per hour; and WHEREAS, as a result of the minimum wage increase, the City's hourly pay ranges for Intern, Recreation Leader I, and Student Worker will fall below the new hourly minimum wage and must be increased to comply with state law; and
WHEREAS, to avoid compaction of hourly wages within the Recreation Leader hourly classifications, Recreation Leader II, Recreation Leader III, and Recreation Leader IV must also be increased.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves and adopts the hourly wage increases effective January 1, 2024, and directs staff to amend the City's consolidated salary table as follows:
Classification A B c D E
Intern $16.00 $16.80 $17.64 $18.52 $19.45
Recreation Leader I $16.00 $16.80 $17.64 $18.52 $19.45 Recreation Leader II $17.64 $18.52 $19.45 $20.42 $21.44 Recreation Leader III $19.45 $20.42 $21.44 $2252 $23.64 Recreation Leader IV $21.44 $22.51 $23.64 $24.82 $26.06 Student Worker $16.00 $16.80 $17.64 $18.52 $19.45
Note: The expressed values are hourly rates
[Remainder of page left blank intentionally.]
192
SECTION 2. The City Clerk shall certi'fy to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 28f'l day of November 2023.
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
F. Salinas, City Attorney
193
elTYffiffANAa!R'SOPPiCE
Item No. 5
NOV 2 i 2023
tz:a-a7rr,- City of South Gate
CITY COUNCIL
AGENDA BTLL
Department Director:
For the Regular Meeting of: November 28, 2023
i i ent: Public Works
Ivantes Chris Je ers
SUBJECT: AMENDMENT N0. 5 TO CONTRACT N0. 2021-70-CC WITH HF &H CONSULT ANTS, LLC., FOR SOLID WASTE MANAGEMENT SERVICES PURPOSE: To approve Amendment No. 5 to Contract No. 2021-70-CC with HF&H Consultants ("HF&H") to extend the contract term through June 30, 2024, 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.5toContractNo.2021-70-CCwithHF&HConsultants,LLC., to extend the contract term through June 30, 2024, and to provide solid waste management services in an amount not-to-exceed $60,000;
b. Appropriating $60,000 from the Refuse Fund balance to fund Amendment No. 5 to Contract No. 2021-70-CC; and
c. Authorizing the Mayor to execute Amendment No. 5 to Contract No. 2021-70-CC in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impactto the General Fund. AmendmentNo. 5 to Contract No. 2021-70-CC is in the amount of $60,000 and it will be funded through the Refuse Collection Fund. The $60,000 appropriation is from the Re'[use Fund balance. The total amount of the revised contract is $436,384, inclusive of Amendments Nos. 1, 2, 3, 4 and 5.
ANALYSIS: Contract No. 2021-70-CC with HF&H ("Agreement") 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 ("WM") Franchise Agreement to the Universal Waste Systems ("UWS") Franchise Agreement. The Agreement expires on December 31, 2023; however, services are recommended to be extended to June 30, 2024 under Amendment No. 5.
The City continues to meet regularly with UWS to discuss state and regional regulatory requirements, contract implementation, timelines, and events. 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 reporting requirements for compliance with SB 1383, AB 1826, and AJ3 341 are complex.
1 194
The UWS Franchise Agreement ("Franchise Agreement")contains extensive service changes including a cart for new organics collection at residential premises, mandatory cornrnercial 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 ensure the City's compliance with new state regulations.
Staff is finalizing a Request for Proposal to procure a new contract for solid waste management services. Such services will include those needed to oversee the Franchise Agreement for UWS compliance with SB 1383, AB 1826, and AB 341 and to assist with regional and state submittals.
BACKGROUND: On May 11, 2021, the City Council approved Contract No. 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, SB 1383 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 solid waste collector transition management services up to June 30, 2023.
On August 8, 2023, the City Council approved Amendment No. 4 to Contract No. 2021-70-CC in the amount of $50,000 to continue the solid waste program management services including SB 1383 program management services, and professional services necessary for compliance with state requirements for AB 341, SB 1383, and AB 1826 up to December 31, 2023.
ATT ACHMENTS:
GD:lc
A. Proposed Amendment No. 5
B. Amendment No. 4
C. Amendment No. 3
D. Amendment No. 2
E. Amendment No. l
F. ContractNo.2021-70-CC
2 195
Attachment A
Amendment No. 5
Contract No. 2021-70-CC
AMENDMENT N0. 5 TO CONTRACT N0. 2021-70-CC
WITH HF &H CONSULT ANTS, I,I,c.,
FOR SOLID WASTE MANAGEMENT SERVICES
This Amendment No. 5 to Contract No. 2021-70-CC for Solid Waste Management Services ("Amendment No. 5"), is made and entered into on November 28, 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. l 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);
WHEREAS, onNovember 22, 2022, AmendmentNo. 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 Eighty-Six Thousand Seven Hundred Eighty-Four Dollars ($86,784); and
WHEREAS, OnAugust9, 2023, the City Council approvedAmendmentNo. 4to Contract No. 2021-70-CC in the amount of $50,000 to continue the Solid Waste Program Management services including SB 1383 program management services, and professional services necessary for compliance with state requirements for AB 341, SB 1383, and AB 1826 up to December 31, 2023.
WHEREAS, the City and Consultant desire to execute Amendment No. 5 extending the term of the Agreement through and including June 30, 2024, in an amount not to exceed Sixty Thousand Dollars ($60,000), for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment 196
Amendment No. 5
ContractNo. 2021-70-CC
5 to a total sum of Four Hundred Thirty-Six Thousand Three Hundred Eighty-Four Dollars ($436,384).
NOW, THEREFOR, the parties hereby agree as follows:
1. MODIFICTION TO AGREEMENT
1.1 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 part of this Amendment No. 5. The Scope of Services may be mutually amended by both Parties in writing.
1.2 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 June 30, 2024. The term is hereby extended through and including June 30, 2024, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement.
1.3 COMPENSATION.
The amount of compensation paid by City to Contractor for the work identified in Exhibit "A" shall not exceed Sixty Thousand Dollars ($60,000).
2. EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section 1 above.
Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
[Remainder of page left blank intentionally.]
4 197
Amendment No. 5
Contract No. 2021-70-CC
IN WITNESS WHEREOF, the Parties hereto have caused this ArnendmentNo. 5 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
Raul F. Salinas, City Attorney
HF &H CONSULT ANTS, LCC.:
B7:
Laith Ezzet, Senior Vice President
Dated:
198
City of South Gate
Work Plan for Continued Support
a a i ! s a i I ffii i
i 7
p
( a'g a;Tf ="l 1''1 ffi*!
II n ! I f ffl 4 Q i I r aU ] I I TF l i (' I I * * * z am II li 'i I ii aaJ! J J ] us a i I i a t I i * t V jlj l' ii lffi au '-li !l ffi k-] j t- Th(4 z ki J li z z s i I I r s
1. Prepare meeting agenda, participate in monthly SB 1383 compliance meetings, and prepare meeting notes
2. Analyze organics and recycling tonnage trends
3. Monitor Agreement for key SB 1383 compliance requirements 4, Prepare for and attend L_ARA Meetings, if requested
5. SB 1383 Regulatory Compliance and Assistance with CalRecycle Matters
6. ASSiSt the City with preparing the Electronic Annual Report (EAR)
7. Monitor and review SB 1383 Public Education & Outreach
8. Review UWS annual route review methodology for SB 1383 and review summary results
9. Review the City's approach towards 2024 0rganics Procurement requirement under SB 1383
10. AsSiSt the City with Organic Waste and Edible Food Recovery Capacity Planning deliverables due to LA County und It Additional compliance tasks as assigned
Hours
Fees
Hourly Rate
6 2
4 2
3 6
23 $ 7,935
$ 345
12 4
8 2
8 4
4 2
6 50
$ 12,950
$ 259
24 16
16 16
16 12
18 8
12 10
16 164
$ 36,080
$ 220
4 4
7 15
$ 2,925
$ 195
42 22
28 16
20 24
22 12
15 16
35 252
_$59,890
Expenses $ 110
Total Fees & Expenses (6 months, January 1, 2024 - June 30, 2024) $ 60,000 City Option for FY 2024-25 (July 1, 2024 - June 30, 2025) $ 120,000 o I asks may be penormed sublect to available budget. Hours may be shifted among tasks and staff.
Prepared by HF&H Consultants, LLC
Exhibit A
m
X
I
11/13/2023
199
Attachment B
Amendment No. 4
Contract No. 2021-70-CC
AMENDMENT N0. 4 TO CONTRACT N0. 2021-70-CC
WITH HF &H CONSULT ANTS, titic.,
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 francliise agreement for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Serices, in the amount of One Hundred Fifly Thousaiid Dollars ($150,000);
WHEREAS, onJune 6, 2022, AmendmentNo. lwas approved administratively to include a scope of work to negotiate with all tliree 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, on November 22, 2022, Amendment 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 Fifly 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, Atnendment 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 paities hereby agree as follows:
200
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 tlie Scope of Services as described in "Exhibit A" attached hereto and made part of this Amendment No. 4. The Scope of Services may be mutually amended by both Parties in writing.
TERM OF AGREEMENT.
The temi of the Agreement is in effect throrigh the completion of tlie 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 tlirough and including December 31, 2023, unless othemise 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 I above. Furthermore, City reserves the riglit to augment or reduce the scope of work as City deems necessary,
[Remainder of page left blank intentionally.]
201
Amendment No. 4
Contract No. 2021-70-CC
IN WITNESS WHEREOF, the Parties hereto liave caused this AmendmentNo. 4 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
ATTEST:
B7:
Yodit laze, City Clerk
(SEAL)
APPROVED AS FORM:
Raul F. Salinas, City Attorney
HF &H CONSULTANTS, LCC.:
B)/:
ith Ezzet, Senior Vice President
Dated:
8//D /2023
202
Exhibit A
Work Plan for Continued 8upport JIIIV 12023 - December 31, 2023 __ iai .1 z s e I
aq
u I % fflaa !I xy e
:IW ma a6I \?!l)2l,ffiffl !MfflNl' li &ii s i&I'l'lffi a}"hl'l' II I('N ;i I ilrP z
1. Prepare meeting agenda, parUpate in monthly meetings and prepare meeting 1 Ana§e tonnage tnends
3. MonitorAgreementforkeycomplian>requiremems
a, Preparafor,Attend,andRecapQuarter3andQuarter4LARAMaetinga
5. Review (3) CAP repom and attend (3) b:monthty meetings w/CalRecycle
0. RevlewHaulerAnnualRateAdjuitmenlRequest
7. Monitor and Review Public Eduutlon & Outreach
8. Review proposed route audit methodology and results
9. ReviewtheCity'sapproachtowards0rganicsProcurementrequirement
10. Review the CRyas approach forTler 4 Edible Food Generator compliance
11. Disaiss City's appmach forthe Implementation Record
12. Additional compliance tasks as assigned
Hours
Fees
Hourly Rate
e
2 4
2 2
2 3
2 2
-1-2
4 4
3 8
2 2
-- - 24-
te
16 12
15 12
e
12 12
10 8
12 2
42 22
24 12
20 22
14 10
15 12
14 12
219
[
25 $ 8,225
$ 329
36 $ 8,715
$ 249
145
$ 30,460
$ 210
14 @ 2,590
$ 186
Expenses $ 20
Total Fees & Expenses $ 60,000
'Tasks may be performed subject to avaimble budget. Hours may be shffled armng tsks and staff.
Prepared by HF&H Consultants, LLC
atyofSouthGate
1 6/7/2023
203
Attachment C
AMENDMENT N0. 3 TO CONTRACT N0. 2021-70-CC WITH HF&H CONSULTANTS, LLC., FORSOLm WASTE A"LIUNA(,E!4ENT SERVICES This Amendment No. 3 to Contract 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 miuficipal corporation ("City"), and HF&H Consultants, LLC., a Califomialimitedliabilitycompany("Contractor"). City andContractorare sometimes hereinafter individually refem=d to as a "Party' and collectively as "Parties."
RECITALS
WHEREAS, on May 11, 2021, theCity Council approved Contract No. 2021-70-CC with Contractor ("Agreement ") to develop a Request for Proposal and manage the competitive selectionprocess to procure a new franchise agreement forRecycling, Orgmiics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of One Hundred Fifty Thousand Dollars ($150,000);
WfTF,RV,AS,nn Tnne6,';a022,AmendmentNo. 1 wasapprovedadministrativelytoinclude a scope ofwork to negotiate with all three solid waste and recycling service pmvides in response to the Request for Proposals forRecycling, 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 perfomi Solid Waste Collector Transition Management Senices and CalRecycle regulator compliance assistance for the City in the amount of Seventy-Six Thousand Six Hundred Dollm's ($76,600); and
WHKRF,AS, the City mid Cotmultant desire to execute Amendment No. 3 extending the term of the Agreement through and including June 30, 2023, in an amount not to exceed Eighty- Six Thousand Seven Hundred Eighty-Four Dollars ($86,784), for services identified in Exhibit "A" attached heneto, 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 to a total sum of Three Hundred Twenty-Six Thousand Three Hundred Eighty-Four Dollars ($326,384).
NOW, THERFiFORE, the parties hereby agree as follows:
1. SCOPE OF WORK.
The City hereby engages Contractor and Contractor accepts such engagement to perform the senrices set forth in the Scope of Services as described in "Exhibit A" attached hereto and made part of !his AmendmentNo. 3. The Scope of Services may be mutually amended by both Parties in writing.
2. TERM OF AGkEKMKNT.
The term of the Agzement is in effect through the completion of the tmsition of the new solid waste fimnchise agreement between the City and the solid waste hauler which Page l of 3
204
transition is estimated to be completed by February 28, 2023. The term is hereby extended through and including June 30, 2023, unless otherwise expressly extended and agreed to by both Parties tn writing or terminated by either Party as provided in the Agreement.
COMPF,NSATION.
The amount of compensation paid by City toContractor for the work identified in Exhibit "A" shall not exceed Eighty-Six Thousand Seven Hundred F,ight-Four Dollars ($86,784).
EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the genemlity of the foregoing, Agreement shall remain unchanged du the term ofAgreement as extended by Section labove. Furthemiore,Cityreservestherighttoaugmentorreducethescopeofworkas City deems necessary.
[Remainder of page left blmik intentionally.]
205
IN WITNESS WffEREOF, the Parties hereto have causedthis AmendmentNo. 3 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
BY:
Al Rios, Mayor
nmt==i, / L -/ 3 2[)21
ATTEST:
Yodit City Clerk
APPROVED AS TO FORM:
B7:
F. Salinas, City Attorney
HF&H CONSULTANTS. LCC.
Ezzet, Senior Vice President
Dated: 11/4'2o'2'L
Page3of3
/3 206
City of South Gate
Ramaininc Tasks Bud( et Work Plan for Transition Assistance and Other Supiort through Febniary 28, 2023 I$!! :a!:* al
m
da. I ffiJi It M i r mI 44 d lL_L_Llu fllllll.(l 17 II
lffli t'm z I FITT''1W fly a z r w
1. Transition Assisbince
14 ReviewFulflllmentofContractor'sObligations
1 B Review and Comment on of UWS and City Transiton Public Education IC ReviewReporkingFomis
1D ReviewCustomerBillingFormatandFeeCalculations
'I E Council Meeting Attendance
1F Bi-WeeklyVirkualTransitionMeetingsandMeetingNotes
1G OtherTransition Suppork
Subtotal: Task 1 Hours
Task 1 Fees
Fees In Excess of Budget at October 20, 2022
Total Transition Assistance Fees
2 9
2 13
$ 3,986
2 1
2 2
11 4
2 22
2 4
2 30
16 78
$ 17,650
4 8
4 44
8 68
$ 11,408
Th
6 24
11 12
4 94
30 181
$ 39,303
4,
[
22 $ 6,380
2. OtherSupport
2A CalRecycle Support (CAP, CalRecyde meetings)
2B Prepare for, Attend, and Recap Quarterly LARA Meetings 2C Additional Regulatoiy and Solid Waste Support
2€ Reviewing UWS' monthly report submittals
2E Review UWS and City Public Education
Subtotal: Task 2 Hours
Task 2 Fees
Hourly Rate
Total Fees
$
$ 305
$ 3,986
2 e
4 4
32 5
10 66
$ 12,375
$ 225
$ 29,925
12 12
8 32
@ 6,408
$ 169
$ 16,810
is
4 50
13 10
96 4,
$ 61,641
8 $ 2,320
$ 290
$ 8,700
Prepared by HF&H Consultants, LLC 10/24/2022
/4 207
aty of South Gate
Tasks Budget Work Plan for Other Continued Support March 1, 2023- June 30, 2023 .1 z a ea f. n W M g a-m l '
a am DU[0
ff!'lmi x ff iff #lffl!a € Q ;ai(Jz s ga ir' la Pli jh)l' il IPllaffil s z
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
Subtotal: Task 3 Hours
Task 3 Fees
Hourly Rate
1 8
9 $ 2,817
$ 313
6 8
40 54
$ 13,230
$ 245
8 36
44 $ 9,196
$ 209
15 8
__ 84
107
$ 25,243
Prepared by HF&H Consultants, LLC 2 10/24/2022
208
Attachment D
Amendment No. 2
Contract No. 2021-70-CC
AMENDMENT N0, 2
TO CONTRACT N0. 2021-70-CC WITH HF &H
FOR PROFESSIONAL SERVICES FOR
ASSISTANCE, WITH THE COMPE,TITIVE
PROCUREMENT FOR A SOLID WASTE
CONTRACTOR
This Amendment No. 2 to Contract No. 2021-70-CC for Professional Services for assistance withthe competitive procurement for an exclusive solidwaste 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).
WHERF,AS, 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 pmt of this Amendment No. 2. The Scope of Services may be mutually amended from time to time by both Parties in writing.
209
Amendment No. 2
Contract No. 2021-70-CC
TERM OF AGREEMENT.
The term of the Agreement shall be extended and will remain in effect kough the transition of the new solid waste francise agreement between the City and the solid waste hauler, unless otheyise 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.
COMPF,NSATION.
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 remainunchanged duig 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 tis AmendmentNo. 2 to be executed and attested by their respective officers hereunto duly authorized. [Remainder of page left blank intentionally.]
210
if
ATTF,ST:
Yodit City Clerk
SEAL)
APPROVF,D AS TO FORM:
F. Salinas, City Attorney
Amendment No. 2
No. 2021-70-CC
CITY OF SOUTHI GATE:
CONSULT ANT:
211
Exhibit "A"
2081 Business Center Drive, Suih 265
Irvine, California 92612
Telephone: (949) 251-8628
Fax: (949) 251-9741
w'oro.hfh-consultants.com
Robert D. Hilton, Emerihis
John W. Farnkopf, PH
Laith B. Ezzet, CMC
Richard J. Simonson, CMC
Mawa 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 Seniices 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 colledor transition management services and CalRecycle regulatory compliance assistance for the City of South Gate (City). We have also included a fee esLiiiiaLe ur 55,000 to complete our negotiations assistance which outlines the additional tasks peformed 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 an industry recognized thought-leader in environmental strategic planning, goal setting, policy 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, CalRecycle 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 212
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 ident% 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 pmvide solid waste consulting services to waste haulers. HF&H exdusively 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,
D,,u/-/-i,r q,,m'-
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 213
ATTACHMENT I
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. Additionally, 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 1A: Review Contractor's Implementation Plan and Schedule, and AS 341/SB 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
214
ATT ACHMENT 1
Task 18; Review and Revision of Public Outreach Materials 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: Review 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 1E: Bi-Weekly Virtual Transition 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 OrHanics Regulation 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 3: SB 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:
215
ATTACHMENT 1
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 distributed 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 1 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 S5,000 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 of the Agreement, inclusion of the 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 ofthe final Agreement.
Term
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.
,J
July 6, 2022
216
ATT ACHMENT 1
F333
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 !55,000 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.
Workolan
m 9$ M WmW qm ae! I } I II 11 ffl ffif I I ll:(11 11 i l'T'FT' 'a ff.m'MTN a z t z
-1. TransRionAasistance I
IA ReviewContractor'slmplemanbaUonPlansandSchedule 4
1B RemewandReusionofTransiuonPublicEducation
1C RemewReportingFormi j
1D ReuewCustomerBillingFometandFeeCak.ulations 1
1E Bi-WeekhiVirialTransitionMeetinas
8 8
4 2
16 8
8 8
4 20
18 16
8 4
26 33
32 21
ll
_ 62
Subtotal:TasklHours 3
TasklFees 915
2. Mandatory Comnercial Recyc+ing and Organics Regubtion Compll-mce 2A Prepare public education and outeach materials
2B ReviewprogramparUcipation I
2C Brief Citv on oroaram undates
38 if,020
2 4
4 48
10,800
2 2
70 11,830
8 6
159
34,565
12 13
4 Subtotal:Task2Hours 1
Task2Fees $ 305
10 $ 2,900
4 $ 900
14 $ 2,368
29 $ 6,471
3 8B 1383 Assistance
3A Remew public educaUon and oukeach to Tier 4 and Tier edible food generators
3B Prepare annual compliance repor}
3C Maintain imolementation records
4 2
e
8 8
16 40
32 22
52 42
Subtotal: Task 3 Hours
Task 3 Fees
4 CalRecycle Assistance
4A Prepare Electronic Annual Report
4A Respond to questons from CalRecycle and prepare for and $
6 $ 1,740
4 22
$ 4,950
6 4
88 $ 14,872
16 16
118
$ 21,562
22 _ 24
participahs in annual ri'eetingS
Subtotal: Task 4 Hours
Task 4 Fees
AddRional Funds to Complete Negotiation Assistance Hours
Fees
Total Hours
$
2 $ 610
6 4
$ 1160
9 $ 2,690
67 10
$ 2,260
8 $ 1,800
92 32
$ 6,408
$
204
46 $ 8,818
19 $ 5,000
369
Hourly Rate
Subtotal
Expenses
Total Fees and Expenses
$ 306
$ 1,830
$ 290
$ 19,410
$ 225
$ 20,700
$ 169
$ 34,476 $ 7(i,416
$ 184
$ 76,fi00
" Hours may be shifted among tasks
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
24 217
Amendment No. l
Contract No. 2021-70-CC
Attachment E
AMENDMENT NO. l
TO CONTRACT N0. 2021-70-CC WITH HF &H
FOR PROFESSIONAL SERVICES FOR
ASSISTANCE WITH THE COMPF,TITIVE
PROCUREMENT FOR A SOLID WASTE
CONTRACTOR
'n'iis Amendment No. 1 to Contract No. 2021-70-CC for Professional Services for assistance withthe competitive procurement for an exclusive solid waste contractor ("Amendment No. l"), 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 hereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS:
WHEREAS, on May 11, 2021, the City Council approved ContractNo. 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 Services.
WHEREAS, the City and Consultant desire to execute AmendmentNo. 1 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 terms and conditions of the Agreement, bringing the aggregate total of the Agreement and Amendment No.l to a total sum of One Hundred Sixty-Three Thousand Dollars ($163,000).
NOW, THERF,FORE, THE PARTIES 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).
Page I of 3
218
Amendment No. 1
Contract No. 2021-70-CC
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. 1. The Scope of Services may be mutually amended from time to time by both Parties in writing 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 dumg 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 WITNESS 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.]
219
Amendment No. 1
Contract No. 2021-70-CC
Chris Jeffers. In
ATTEST:
BY:
Yodit City Clerk
(SEAL)
F. Salinas, CityAttorney
CONSULTANT :
B7:
Date:
220
EXHIBIT A
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
Subjed: 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 1/l/astp rnllpction 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 5163,000.
The workplan below includes the additional tasks and budget.
Workplan
Analyses of Best and Final Rate Proposals
Llpdate 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
" Hours may be shifted amoung tasks
221
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
D qm
Laith Ezzet, CMC
Senior Vice President
Debbie Morris, CMC
Senior Project Manager
222
Contract No. 2021-70-CC
Attachment F
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 corporation ("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, City desires 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, knowledge, qualifications, manpower and expertise to perform properly and timely the professional services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform professional services described 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 firom 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 other expenses 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.
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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 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.
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 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. 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:
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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 of this Agreement in accordance with its terms, and in either of 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 maru'ier as it may deem appropriate, services similar to those terminated.
6.2.3 If this Agreement is terminated as provided above in Subsection 6.2.1, City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, 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 termination of the Agreement under the provisions of Subsection 6.2.1 above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6.1 above.
6.3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.
6.4 Non-Discrimination.
6.4.1 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 Ageement 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,
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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 determining compliance with the equal employment opportunity and non-discrimination provisions of this 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 (l) 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 in 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.
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6.6 Indemnification. Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third 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 an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner represent that it, or any of its agents, servants or employees are in any maru'ier 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.
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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 satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
6.9.3 Consultant shall be responsible for payment of all employees' and 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, firom 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 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 referred to in resolving questions of interpretation or construction.
26: 228
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 altemative, 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 ofremedy.
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.
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6.17 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.18 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 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 attomey'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, including Exhibit "A" attached hereto which is incorporated herein by this reference, constitutes the whole agreement between City and Consultant, and neither Party has made any representations to the other except as expressly contained herein. Neither Party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.
6.20 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 Califomia Avenue
South Gate, CA 90280
E-mall: aCel'VulltL'S.m'L'
WITH COURTESY COPY TO:
City of South Gate
Carmen Avalos
City Clerk
8650 California Avenue
South Gate, CA 90280
E-mail: cavalosm soeate.or=
TO CONSULT ANT:
HF&H Consultants, LLC.
Laith Ezzet, CMC
Senior Vice President
19200 Von Karman Avenue
Suite 360
Irvine, CA 92612
E-mail: let}zct(a i'ifli-consultants.coin
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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 attomey 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]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
Al Rios, Mayor
Dated:
ATTESTED:
APPROVED AS TO FORM:
F. Salinas, City Attorney
HF &H CONSULT ANTS, LLC:
B)7:
e/Mt, S!ce President
Dated:
.5'/?o/202 (
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B7:
232
Exhb'rt-A
City of South Gate Fee EsUmate
Fee Emmate - Competitive RFP Process
We will perform the scope of work for the competitive procurement submitted to the City of South Gate on t'aebruary 25, 2019, based on time and materials. The estimated total budget Is S150,000. Our actual costs could be higher or lower than this amount, depending on the complexity of the Clty's contracting process, the number of proposals to be evaluated, the number of negotiation sesslons required, and other fadors that cannot be precisely estlmated In advance The proposed work plan Includes preparation of an Integrated resldentlal and commerclal RFP, gathering operatlng data, soliciting proposals, conducting a pre-proposal conference, evaluatlng up to four proposals, participating in the negotiation sessions Identified in thework plan, and finallxing an agreement with one proposer. Should more than Four proposals be submitted, we estimate that the budget will Increase by S5,900 per proposal. If agreements are finalized With more than One proposer, Our COSt Wlll Increase by 96,S00 for each additional agreement.
The work plan on the next page Itemizes hours bytask and staff classlflcatlon. Hours may be shifted among (asks and staff.
April 20, 2021 Page 3 HF&H Consultants, LLC
4 €) 233
Clty of South Gate Fee Estimate
Solid Waste Agreement Competitive Procurement Work Plan . . _ ' I I ' € - .
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April 20, 2021 Page 4 HF&H Consultants, LLC
47 234
Item No. 6
CITYMANAGER'S OFFICE
NOV 21 2023
(rsfm- Ciffl of South Gate
CITY COUNCIL
AGENDA BNLL
Department Director:
For the egular Meeting of: November 28, 2023
i i i .Department: Public Works
oCervantes ChrisJeffers
SUBJECT: AMENDMENT N0. 2 TO CONTRACT N0. 2022-77-CC WITH Z&K CONSULT ANTS, INC., FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE HOLLYDALE COMMUNITY PARK RENOV ATION PROJECT, CITY PROJECT NO. 607-PRK
PURPOSE: To approve Amendment No. 2 to Contract No. 2022-77-CC with Z&K Consultants, Inc., ("Z&K") for additional construction management and inspection services for the Hollydale Community Park Renovation Project through the end of the calendar year.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 2 to Contract No. 2022-77-CC with Z&K Consultants, Inc., to provide additional construction management and inspection services for the Hollydale Community Park Renovation, City Project No. 607-PRK, at a not to exceed cost of $74,816; and
b. Authorizing the Mayor to execute Amendment No. 2 in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact to the General Fund. Amendment No. 2 to Contract No. 2022-77-CC is in the amount of $74,816 and it will be funded with Rendon Regional Funds budgeted in the Fiscal Year 2022/23 Capital Improvement Program as summarized below:
Prop A Rendon Regional Total Budget
Construction Management $35,049 $403,790 $438,839
Amendment No. 1 $70,000 $4,064 $74,064
Amendment No. 2 $74,816 $74,816
Total Contract Amount $105,049 $482,670 $587,719
Since these additional costs are the result of the Contractor, the City will be assessing liquated damages in an amount equal to the actual costs incurred under Amendment No. 2.
ANALYSIS: The construction of the Hollydale Community Park Project ("Project") is in progress and now in its eleventh month of construction. The original $438,839 construction management budget was exhausted in July 2023 and Amendment No. 1 in the amount of $74,064 was exhausted on October 31, 2023,, however, the construction work is still ongoing and planned 1 235
for completion in December 2023. As such, there is a need to continue construction management and inspection services through construction completion.
Construction of the Project was planned for completion on October 26, 2023. The construction contractor was not able to complete construction on schedule for staffing reasons. The contractor lost the project foreman and was not able to find a competent replacement to complete the Project on time. The Project is proceeding behind schedule and is now planned for completion in December 2023. Funding for construction management services has been exhausted as of October 31, 2023. Amendment No. 2 is in the amount of $74,816, and provides the services needed through construction completion in December 2023.
As a note, the contractor is contractually obligated to complete construction on schedule. The City plans to assess liquidated damages to the contractor to recover expenditures associated with the construction delays, such as the costs of Amendment No. 2.
BACKGROUND: The Project is budgeted in the Fiscal Year 2023/24 Capital Improvement Program. The improvements include a 1,700 square-foot building, storm water chatnbers, playground, synthetic turf, sand and water play area, basketball court shade structures, a new irrigation system, decomposed granite, park bench and picnic tables, permeable pavers, concrete flat work, and other miscellaneous park amenities. Construction of the Project began onNovember 2, 2022, and is planned for completion in December 2023.
On September 13, 2022, the City Council approved Contract No. 2022-77-CC with Z&K to provide construction management and inspection services in the amount of $438,839. Z&K was required to provide construction management services through completion of construction with said budget. However, on September 27, 2022, the City Council approved Amendment No. 1 to Contract No. 2022-77-CC to provide additional compensation in the amount of $74,064. Z&K was required to provide additional effort beyond that which was budgeted due to excessive requests from the construction contractor that required extensive reviews of Requests for Information, Submittals and Change Order Requests. They also required additional coordination with the construction contractor.
Amendment No. 2 offers the services needed through completion of construction and Project closeout which include construction administration, construction management, inspections, labor compliance, materials testing, utility coordination and Project closeout in the amount of $74,816.
ATTACHMENTS: A. Proposed Amendment No. 2 (including Exhibit A) B. Amendment No. l
C. Contract No. 2022-77-CC
ES:lc
2 236
Attachment A
Ai'nendment No. 2 to
Contract No. 2022-77-CC
AMENDMENT N0. 2 TO CONTRACT NO 2022-77-CC FOR ADDITIONAL
CONSTRUCTION MANAGEMENT AJ'STD INSPECTION SERVICES FOR
THE HOLLYDALE COMMUNITY PARK RENOVATION PROJECT,
CITY PROJECT N0. 607-PRK BETWEEN THE CITY OF SOUTH GATE AND Z&K CONSULTANTS, INC.
This Amendment No. 2 to Contract No. 2022-77-CC for additional Construction Management and Inspection Services for the Hollydale Coinrnunity Park Renovation Project ("Ainendment No. 2"), is made and entered into on November 28, 2023, by and between the City of South Gate, a municipal corporation ("City"), and Z&K Consultants, Inc. ("Z&K"), a California corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, on September 13, 2022, the City Council approved Contract No. 2022-77- CC with Contractor ("Agreement ") for Construction Management and Inspection Services for a one year and three-month term through and including December 31, 2023, in the amount of Four Hundred Thirty-Eight Thousand Eight Hundred Thirty-Nine Dollars ($438,839); WHEREAS, on August 8, 2023, the City Council approved Aanendment No. l with Contractor ("Amendment No. 1"), to provide additional funds needed to provide construction management and inspection services througli a construction completion schedule of October 26, 2023, in an amount not to exceed Seventy-Four Thousand Sixty-Four Dollars and Twenty-Five Cents ($74,064.25);
WHEREAS, the City and Contractor desire to execute A+'nendment No. 2 for additional compensation in an amount not to exceed Seventy-Four Thousand Eight Hundred Sixteen Dollars ($74,816), 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, and Amendment No. 2 to a total sum of Five Hundred Eighty-Seven Thousand Seven Hundred Nineteen Dollars ($587,719).
NOW, THEREFOR, the parties hereby agree as follows:
1. MODIFICATION TO AGREEMENT
1.1 COMPENSATION.
The additional compensation in Ai'nendment No. 2 to be paid by City to Contractor for the work identified in Exhibit "A" shall not exceed Seventy-Four Thousand Eight Hundred Sixteen Dollars ($74,816), wl'iich is necessary to continue construction management and inspections services through construction completion planned for December 2023.
Page l of 2
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1.2 TERM
Amendment No. 2 to
Contract No. 2022-77-CC
This Agreement is effective as of November 28, 2023, and will remain in effect until March 31, 2024, or until project completion to provide time for project closeout by the City, or unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
2. EFFECT OF AMENDMENTS.
Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section 1 above. Furthermore, City reserves the right to augment or reduce the scope of work as City deems necessary.
IN WITNESS WHEREOF, the Parties hereto have caused this Ai'nendment No. 2 to be executed and attested by their respective officers hereunto duly authorized.
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
Dated:
APPROVED AS TO FORM:
By: L rl €
Raul F. Salinas, City Attorney Z&K CONSULT ANTS, INC.
By:
Crystal Fraire, President
Dated:
238
EXHIBITA
CONSULT ANTS
BUILDING SOLUTIONS
Via e-mail
November 2, 2023
Elias Saikaly, PE, Project Manager
City of South Gate
8650 California Avenue
South Gate, CA 90280
Subject: Z&K Consultants, Inc. Amendment Request for the City of South Gate Hollydale Community Park Improvement Project, City Project No. 607-PRK Dear Mr. Saikaly,
Z&K Consultants, Inc. is requesting an amendment for the City of South Gate Hollydale Community Park Improvement Project, City Project No. 607-PRK in the amount of $74,816.00.
Our original fee proposal in the amount of $438,839.00 was based on 205 working days and the scope of services as outlined in the RFP. The project will extend to November and December (41 additional working days). This amendment is for Construction Management and Inspection Services to extend into November and December.
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ThTi li
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IJ ri il i ii'lI i; (@l'I aK ij l"'l 4 A -l
L 4 ( I
Resident
Engineer
(Hrs)
Sr Construction '
Inspector
(Hrs)
?MiOffice
Engineer
(Hrs)
Labor
Compliance
(Hrs) Total
Hourly Rate $157.00 $140.00 $130.00 $130.00
November 40 160 40 10 $35,180.00
December 40 160 40 10 $35,180.00
Project Closeout 8 8 16 o $4,456.00
Total Hours 88 328 96 20 532
Total Cost $13,816.00 $45,920.00 $12,480.00 $2,600.00 $7 4,816.00 The above assumes a full-time inspector for November and until December 31sti a Resident Engineer for 2 hours a day, PM/Office Engineer for 2 hours a day, and 2 hours a week for labor compliance.
Please feel free to reach out if you have any questions or need additional information. We look forward to the successful completion of the City's project.
Sincerely,
Ce
Crystal Fraire, PE
President l Z&K Consultants, Inc.
[email protected] 951.3'lO-7470
3 949-637-5040 [email protected] gwww.zandkconsultants.com 239
Attachment B
Amendment No. I to
Contract No. 2022-77-CC
AMENDMENT NO. l TO CONTRACT NO 2022-77-CC FOR
ADDITIONAL CONSTRUCTION MANAGEMENT AND iNSPECTION
SERVICES FOR THE HOLLYDALE COMMUNITY PARK PROJECT BETWEEN THE CffY OF SOUTH GATE AND
Z&K CONSULTANTS, INC.
Tliis An'iendment No. l to Contract No. 2022-77-CC for additional Constnrction Management and Inspection Services for tlie Hollydale Community Park Project ("Amcndment No. l"), is inade and entered into on August 8, 2023, by and between tlie City of Soutli Gate, a municipa) corporation ("City"), and Z&K Consultants, Inc. ("Z&K"), a Califoi'nia corporation ("Contractor"). City and Contractor are sometiines hereinafter individually referred to as a "Party" and collcctivcly as "Parties."
REC[T ALS
SVHEREAS, O(1 September 13, 2022, tlie City Council aliliroved Contract No. 2022-77- CC witll COntraCtOr ("Agi'eement ") far COnStnictiOn Manageinent and Inspection Services far a one year and three months term through and including December 31, 2023, in tlie amount of Four Huiidred Tliirty Eight Thousand Eiglit Hundred Thirty Nine Dollars ($438,839); WHEREAS, tlie City and Contractor desire to execute Amendment No. l for additional compensation in an amount not to exceed Seventy Four Tliousand Sixty Four Dollars and Twenty Fivc Cents ($74,064.25), for services idcntificd in Exhibit "A" attached hereto, under the tei'ms and conditions of t)ie Agreement, bringing the aggregate total of tlie Agreei'nent, and Amendment No. 1, to a total sum of Five Hundred Twelve Thousand Nine Hundred Tliree Dollars and Tiventy Fiiae Cents ($512,903.25).
NOSV, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOSVS:
1. CO;SIPENSATION.
The additional compensation in Amendment No. l to be paid by City to Contractor for the work identified in Exhibit "A" sliall not exceed Seventy Four Thousand Sixty Four Dollars and Tiventy Five Cents ($74,064.25).
2. EFFECT OF AMENDMENTS.
Except as expressly amended herein, all otlier terms and conditions of Agreeinent sliall remain in full force and effect. Witliout limiting tlie generality of tlie foregoing, Agi'eement shall reinain unclianged during tlie term ola Agreement as extended by Pagelof2
240
Amendment No. l to
Contract No. 2022-77-CC
Section l above. Furtliennore, City reserves the right to augment or reducc t)ie scope of work as City deems necessary.
IN WITNESS WHEREOF, the Parties hereto l'iave caused this Amendment No. 1 to be executed and attested by tlieir respective officers hereunto duly authorized.
ATTEST:
By:
Yodit G City Clerk
CITY OF SOUTH GATE:
APPROVED AS TO FORM:
BY:
ul F. Salinas, City Attorney
CONSULTANTS C.
Crystal Fraire, President
241
coxsuiaraxars
BUILDING SOLUTIONS
Via e-mail
July 7, 2023
Elias Saikaly, PE, Project Manager
City of South Gate
8650 California Avenue
South Gate, CA 90280
Subject: Z&K Consultants, Inc. Budget Increase Request for the City of South Gate Hollydale Cornrnunity Park Improvement Project, City Project No. 607-PRK Dear Mr. Saikaly,
Z&K Consultants, Inc. is requesting a budget increase for the City of South Gate Hollydale Community Park Improvement Project, City Project No. 607-PRK in the amount of $74,064.25.
Our original fee proposal in the amount of $438,839.00 was based on 205 working days and the scope of services as outlined in the RFP. The cost proposal assumed a typical level of effort that was based on our experience with similar projects.
This project required a significant amount of additional effort that could not have been anticipated at the time of the cost proposal, including: labor compliance issues; excessive Request for Information (RFIs), Submittals, and Change Order Requests (CORs); contractor unauthorized weekend work which required inspection; and challenges with the contractor which required additional coordination with the Contractor, City, and Desginer.
Please feel free to reach out if you have any questions or need additional information. We look forward to the successful completion of the City's project.
Sincerely,
CVV[@M
Crystal Fraire, PE
Presidenti Z&K Consultants, Inc.
[email protected] 951.310-7470
3 949-637-5040 [email protected] gwww.zandkconsultants.com 242
Attachment C
Contract No. 2022-77-CC
AGREEMENT FOR PROFESSIONAL SERVICES FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
THE HOLLYDALE COMMUNITY PARK PROJECT BETWEF,N
THE CITY OF SOUTH GATE AND Z&K CONSULTANTS, INC.
This Agreement for Professional Services for Constnuction Management and Inspection Services for the Hollydale Community Park Project ("Agreement") is made and entered into on September 13, 2022, by and between the City of South Gate, a municipal corporation ("City"), and Z&K Consultants, Inc., ("Z&K") a California Corporation ("Consultant"). The City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, City desires to retain a qualified provider for certain services relating to Constnuction Management and Inspection Semces involving inventory and data collection of encroachment facilities in the public right-of-way; and WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the Professional Services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform the services as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing. 2, COMPENSATION FOR SERVICES. The total amount of compensation for this Agreement shall not exceed the sum of Four Hundred Thirty-Eight Thousand Eight Hundred Thirty-Nine Dollars ($438,839) as described in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by the City Manager or his/her designee.
2.1 Consultant shall be required to attend meetings at City Hall as necessary in the delivety of the projects. Travel time between Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.
5116863.1-L235.0 (Form Rev. 9/8/21)
243
Agreement for Professional Services
Z&K Consultants, Inc.
2.2 Consultant shall be paid in accordance with the schedule included in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant within thirty (30) days of receipt of the invoice.
2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be constnued as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
3. TERM OF ACT?UEMENTT, This Agreement is effective as of September 13, 2022, and will remain in effect tmough December 31, 2023, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
4. CITY AGENT. The Assistant City Manager/Director of Public Works ("Director"), or his/her designee, for the purposes of this Agreement, is the agent for the City. Whenever approval or authorization is required, Consultant understands that the Director, or his/her designee, has the authority to provide that approval or authorization.
5. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by Consultant under this Agreement.
Consultant further represents that in perfomiance of this Agreement, no person having any such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the temi of this Agreement.
5.1 Consultant represents that no City employee or official has a material financial interest in Consultant's business. During the tenn of this Agreement and/or as a result of being awarded this contract, Consultant shall not offer, encourage, or accept any financial interest in Consultant's business or in this Agreement by any City employee or official.
6. GENERAL TERMS AND CONDITIONS.
6.1 Termination for Convenience. City may terminate this Agreement at any time without cause by giving 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. If this Agreement is temiinated by City as provided herein, Consultant will be paid the total amount of its costs as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
6.2 Termination for Cause.
6.2.1 City may, by written notice to Consultant, terminate the whole or any part of 244
Agreement for Professional Services
Z&K Consultants, Inc.
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 thereofp or b. If Consultant fails to perfomi the semces called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure withing a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.
6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such temis and in such manner as it may deem appropriate, services similar to those terminated.
6.2.3 If this Agreement is terminated as provided above in Subsection 6.2.1, City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computations, surveys, models, or other similar documentation prepared by Consultant. Upon such teation, 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 deteed, 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 temiination 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 the City governments. Consultant will 245
Agreement for Professional Services
Z&K Consultants, Inc.
Page4ofl0
take affumative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, disability, or age.
Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform senices under this Agreement, are free from such discrimination. Such employment practices include, but are limited to: hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
6.4.2 The provisions of Subsection 6.4.1 above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data, and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.
6.5 Insurance. Consultant shall submit to City, certificates indicating compliance with the following minimum insurance requirements no less than one (l) day prior to beginning of performance under this Agreement:
6.5.1 Workers Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such workers' compensation insurance for their respective employees.
6.5.2 Comprehensive general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
b. Name and list as additional insured the City, its officers, and employees. c. Specify its acts as primary insurance.
d. Contain a clause substantially in the following words: "It is hereby 246
Agreement for Professional Senices
Z&K Consultants, Inc.
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 Tnrlpmnificatinn ('.onsultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third 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 constnied, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between City and Consultant.
6.8.1 Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as 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 detemiined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of City.
/8 247
Agreement for Professional Services
Z&K Consultants, Inc.
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 Corisultant.
6.9 Consultant's Personnel.
6.9.1 All services required under the Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
6.9.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
6.9.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to ennployer's liability, workers' compensation, unemployment insurance and Social Security.
6.9.4 Consultant shall indemnify and hold harmless City and all other related entities, officers, employees and representatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices or of any acts of omissions by Consultant in connection with the work performed arising from this Agreement.
6.10 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Consultant.
6.11 Legal Construction.
6.11.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California without regard to conflict of law principles.
6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed M-248
Agreement for Professional Services
Z&K Consultants, Inc.
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 constnuction.
6.11.4. Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.12 Counterparts. This Agreement may be executed in counterparts and, as so executed, shall constitute an agreement which shall be binding upon all Parties hereto.
6.13 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall 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, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, sub- consultants, and agents.
6.14 Corrections, In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably, timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant.
6.15 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.16 Waiver; Remedies Cumulative. Failure by a Parly to insist upon the perfomiance 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 t6' 249
Agreement for Professional Services
Z&K Consultants, Inc.
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 tis Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
6.17 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.
6.18 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.19 Attorneys' Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attomeys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that Party or those Parties may be entitled.
6.20 Entire Agreement and Amendments. This Agreement constitutes the whole agreement between City and Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.
6.21 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery and depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
City of South Gate
Arturo Cervantes
Assistant City Manager/Director of Public Works
8650 California Avenue
South Gate, CA 90280
Email: acervantes(2'4sogate.org
TEL: (323) 563-9567
WITH COURTESY COPY TO:
City Clerk's Office
Yodit Glaze
City Clerk
8650 California Avenue
South Gate, CA 90280
Email: [email protected]
TEL: (323) 563-9510
250
Agreement for Professional Services
Z&K Consultants, Inc,
TO CONSULTANT:
Crystal Fraire, PE, President
Z&K Consultants, Inc.
473 E. Carnegie Drive, Suite 200
San Bernardino, California, 92400
Email: cfraire@,zandkconsultants.com
Tel: (951) 310-7470
6.22 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into tis Agreement on behalf of the Party for whom he or she purports to sign.
6.23 Consultation with Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.
6.24 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be constnued against either Parly solely because that Party drafted all or a portion of this Agreement, or the clause at issue.
7. EFFECTIVE DATE. The effective date of this Agreement is September 13, 2022, and will remain in effect through and until project completion, unless otherwise terminated in accordance with the temis of this Agreement.
[Remainder of page left blank intentionally]
251
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
Al Rios, Mayor
ATTEST:
Yodit City Clerk
APPROVED AS TO FOR&I:
BY:
F. Salinas, City Attomey
Z&K CONSULT ANTS, INC.:
BY:
"sident
Dated: (1) ibpi
252
July 20, 2022
Arturo Cervantes, PE, Assistant City Manager/Director of Public Works City of South Gate, 8650 California Avenue, South Gate, CA 90280 Dear Mr. Cervantes,
Z&K Consultants Inc. (Z&K) proudly presents our cost proposal for Construction Management and Inspection Services for the Construction of the Hollydale Community Park Improvement, City Project No. 607-PRK. Our not-to-exceed total lump sum fee for Construction Management and Inspection Services is S438,839.00.
Z&K Consultants based our cost proposal on the scope of work provided in the Request for Proposals. All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements. Rates included in our Cost Proposal are fully billable rates. All overhead costs are included. All insurance will be in force at the time of contract execution.
Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver projects with such benchmarks in mind. Our proposed team members are recognized as experts in Construction Management and Inspection services and will provide "turn-key" Construction Management and Inspection services for the City of Southgate Hollydale Community Park Improvement Project.
Below is a table with the hourly rate schedule:
Z&K Consultants, Inc Hourly Rates:
Resident Engineer...........
Senior Construction Inspector..........................................
Project Manager/Office Engineer/ Labor Compliance Officer Material Testing Services (Converse Consultants)................
S157.00
. S140.00
. S130.00
..Attached
I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this opportunity to serve the City of South Gate and are committed to the successful completion the City's important project.
Sincerely,
(A@IM
Crystal Fraire, PE, QSD/P l President, Z&K Consultants Inc. 473 E. Carnegie Drive l Suite 200 l San Bernardino, CA 92400 951.310.7470 i [email protected]
$CONSULT ANTS
BulLDINC, SOLuTIONS
253
Assumptions
Task 1- Project Coordination
Resident Engineer - 20 hours a week minus utility and outside agency coordination hours Senior Construction Inspector - 20 hours total
Senior Project Manager/ Office Engineer/ Labor Compliance - 8.8 hours a week on average minus utility and outside agency coordination hours
Material Testing Services - O hours
Task 2 - Construction Inspection
Resident Engineer - O hours
Senior Construction Inspector - 8 hours a day * 205 WD minus hours for labor compliance and utility coordination
Senior Project Manager/ Office Engineer/ Labor Compliance - O hours Material Testing Services - O hours
Task 3 - Labor Compliance
Resident Engineer-O hours
Senior Construdion Inspector-1 hour every 2 weeks (Employee interviews) Senior Project Manager/ Office Engineer/ Labor Compliance-1 hour a week Material Testing Services - O hours
Task 4 - Material Testing Services
Resident Engineer - O hours
Senior Construction Inspector - O hours
Senior Project Manager/ Office Engineer/ Labor Compliance - O hours Material Testing Services - 100 hours (2.4 hours a week). Total = 513,000.00 Task 5 - Utility and Outside %ency Coordination
Resident Engineer-1 hour every 2 weeks
Senior Construction Inspector-1 hour a week
Senior Project Manager/ Office Engineer/ Labor Compliance-1 hour every 2 weeks Material Testing Services - O hours
Task 6 - Project Closeout
Resident Engineer - 40 hours (1 week)
Senior Construction Inspector - 40 hours (2 weeks) Senior Project Manager/ Office Engineer/ Labor Compliance - 25 hours Material Testing Services - O hours
$CONSULTANTS
BUILDINC, SOLUTIONS
254
NOT-TO-EXCEED FEE SCHEDULE
The fee proposal shall be based on a not-to-exceed fee for a construction period of 10 months. The Construction Inspector shall be provided for the entire 290 working day period.
Any additional services needed beyond the contract scope of work shall require prior approval from the City.
Z&K Consultants commits that all assigned personnel will not be removed or replaced without prior written City approval. Key personnel will be available to the extent proposed for the duration of the contmct. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership roles r:ind supervisory management positions in many local agencies including the private and public sectors. AIL can multi-task, are multi-disciplined, and have a full understanding of o// aspects of the pmposed project requirements.
coxsutraxars
BUILDING SOLUTIONS
255
Item No. 7
NOV 21 2023
'f="Dr' C'dy of South Gate
CITY COUNCIL
ACENJDA JLL
Department Director:
For the Regular Meeting of: November 28, 2023
ent: Public Works
Cervantes ChrisJeffers
SUBJECT: CONTRACT CHANGE ORDER N0. 2 TO CONTRACT N0. 2023-66-CC WITH WGJ ENTERPRISES, INC., dba PCI FOR THE THERMOPLASTIC STRIPING OF STREETS CITYWIDE, CITY PROJECT NO. 654-ST
PURPOSE: To approve Contract Change Order (CCO) No. 2 to Contract No. 2023-66-CC to increase the scope of work to re-stripe additional crosswalks and pavement markings as part of the Thermoplastic Striping of Streets Citywide Project, City Project No. 654-ST ("Project"); which is under construction.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving CCO No. 2 to Contract No. 2023-66-CC with WGJ Enterprises, Inc., dba PCI, to stripe additional crosswalks and pavement markings as a part of the Thermoplastic Striping of Streets Citywide, City Project No. 654-ST, in the amount of $56,600; b. Transferring $30,000 in Measure M Funds from the Public Works Department, Streets Division Operating Budget to the Thermoplastic Striping of Streets Citywide, City Project No. 654-ST to fully fund the Project; and
c. Authorizing the City Manager to execute Contract Change Order No. 2.
FISCAL IMPACT: There is no impact to the General Fund. Proposed CCO No. 2 to Contract No. 2023-66-CC is in the amount of $56,600 and it will be funded with 26,600 in Proposition C Funds and $30,000 in Measure M Funds. It is recommended to transfer $30,000 in Measure M Funds from the Public Works Department, Streets Division Operating Budget to fully fund the proposed change order. The Project is a part of the Capital Improvement Program. The proposed revised project budget is $217,570 as summarized below.
Pro,iect Services Prop C Measure M Total
Construction Agreement $100,860 $100,860
Change Order No. 1 31,732 31,732
Chang-e OrderNo. 2 26,600 $30,000 56,600
Construction Contract Contingency $1,000 $1,000
Construction Management and Inspection $13,000 $13,000 Construction Manag-ement and Inspection Contingency $1,000 $1,000 Staff Time (Pro.iect Management) $13,378 $13,378
Total $187,570 $30,000 $217,570
1 256
ANALYSIS: Construction of the Thermoplastic Striping of Streets Citywide Project was recently completed under budget. There is a budget savings of $26,600 and additional $30,000 from the Field Operations budget for thermoplastic striping, which staff is recommending to be used to :tund additional work encompassed by CCO No. 2.
The additional work includes restriping crosswalks and pavement markings with thermoplastic paint at 23 locations on State Street, California Avenue and Southern Avenue. The contractor has agreed to perfornn the additional work based on the original bid pricing. As such, CCO No. 2, which is in the amount of $56,600, reflects competitive bid pricing.
The Public Works Department is responsible for providing maintenance by restriping crosswalks and pavement markings citywide with thermoplastic paint. Maintenance is provided through contract services as funding becomes available to fund the backlog of work. The project budget savings provides an opportunity to restripe additional crosswalks and pavement markings at other locations in need of maintenance. Such aims to enhance safety by increasing visibility of crosswalks and pavement markings that guide drivers.
BACKGROUND: The City's roadway network has over 125 miles of streets. The street pavements are marked with pavement legends and crosswalks that require thermoplastic material. A field survey was conducted citywide to identify the condition of the yellow crosswalks adjacent to the schools. The existing crosswalks and pavement markings were faded and deteriorated and are in need of maintenance. The Project restriped yellow crosswalks and pavement markings adjacent to schools, to enhance visibility and pedestrian safety. With the funding balance, additional work can be performed.
On May 23, 2023, the City Council awarded a contract to WGJ for the construction of the Thermoplastic Striping of Streets Citywide in the amount of $100,860. Change Order No. 1 was approved administratively in the amount of $31,732 to fund the additional cost of completing contract work since the estimated quantities in the contract documents were lower than the actual quantities needed to complete construction in the field. Construction was completed under budget. CCO No. 2 is recornrnended to perform additional maintenance work.
If approved, construction will be completed on January 2024.
ATT ACHMENTS: A.
B.
C.
Contract Change Order No. 2
Location Map of New Locations
Contract No. 2023-66-CC
JL:lc
2 257
Attachment A
City of South Gate, Public Works Department
Contract Change Order
6 S8ffth
(,ate
Date November29,2023 ChangeOrderNo. 002 AccounUContractNo.311-790-31-9473 Contractor WGJ Enterprises, Inc, dba PCI Account Code Contract Date January 10, 2023 City Contract No. 2023-66-CC Plan Reference
Change Order Amount $56,600.00 Extension of Contract, if warranted 24 working days Reason for Change Project savinqs with additional funds from field operations to do additional themoplastic stripinq.
Description of Change Restipinq of crosswalks and pavement markinq on State Street, California Avenue and Southern Avenue.
Original Contract Amount
Total of previous authorized Change Orders
New Change Order Amount
New Contract Amount
100,860.00
31 ,732.00
56,600.00
189,192.00
The Changes described above are hereby authorized.
Approved: November 29, 2023.
Construciton Manager Contractor
Project Manager By Authorized Agent
Assistant City Manager/Director of Public Works
City Manager
Original - Project File
CC: - Contractor
- Department
258
CITY OF HUNTINGTON P!lRK CITY OF SOUTH GATE
OCTO[lnR 2023
AREA OF CITY = 7 49 SQ MiLES
CITY OF CUDAHY
C{TY OF BELl CARDENS
CTTY OF LYNWOOD
WORK LOCATIONS
10CATION NO B[KE LANES & CROSSWALKS ON RESIDENTIAL & COMMERC[AL STREETS @ STATE & i.YBERTY BlVD
STATE ST & iNDEPENDENCE AVE
STATE ST & ADMORE AVE
sTATE ST & SOUTHERN AVE
STATE Sr & ILllNOIS AVE
CALIFORNIA AVE & LIBERTY Bi.VD
CA+t"ORNIA AVE &: INDEPENDENCE AVE
CALlrORNIA AVE & ARDMORE AVE
CALJFORNIA AVE & Cl[lN T SEABORG BLVD
CALIFORNIA AVE &: FIRnSTONE BLVD
CAllFORNiA AVE & SOUTI-inRN AVE
CALIFORNIA AVE & MICHtC.AN AVE
CALIFORN{A AVE & TENAYA AVE
SOUTHERN AVn & TENAYA AVE
SOUTHERN AVE & VICTORIA AVE
SOUTHER%: AVE & ViRG[NiA AVE
SOUalT-[nRN AVE &: SAN ANTONtO AVn
SOUTHERN AVE & SAN MICUni. AVE
SOUTHERN AVE & BOWMAN AVE
SOUTHERN AVE & BRYSON AVE
SOUTHERN AVE & ANNETTA AVE
SOUTIIERN AVE & PiNEHURST AliE
SOUTltERN AVE & RAYO AVE
ALEXANDER AV[: SOUTHERN ACE & DUAAE WAY
ALEXANDER Alll': DUANE WAY & MISSOURY AVE
ALEXANDER AVE MISSOURY AVn & TWKEDY BlVD
ALnXANDER AVE TWEEDY B}.VD & )i[lCHICAN AVE
ALEXANDER AVE MICHIGAN AVC & TENAYA AVE
ALEXANDER AVE TENAYA AVE & ABBOTT RD
'-$a
Op p
4'?AA(O uNT
t:o
259
Attachment C
Contract No. 2023-66-CC
AGREEMENT FOR THE THERMOPLASTIC STRIPJNG OF STREETS CITYWIDE PROJECT, CITY PROJECT N0. 654-ST BETWEEN THE CITY OF SOUTH GATE AND WGJ ENTF,RPRISES, INC.
This Agreement for the Thermoplastic Striping of Streets Citywide Project, City Project No, 654- ST ("Agreement"), is made and entered into on May 23, 2023, by aiid between the City of South Gate, a municipal corporation ("City"), and WGJ Enteiprises, Inc,, a California corporation, License No, 415490 ("Contractor"). City and Contractor are sometimes hereinaffer individually referred to as a "Paity" and collectively referred to as '!'arties." The City and the Contractor hereto mutually agree as follows:
ARTICLE I
THE PROJECT
For and in consideration of the mutual promises set forth herein Contractor agrees with City to perfonn and complete in good and workmanlike manner all work required by the Contract Documents for City Contract No. ,, which involves the Themioplastic Striping of Streets Citywide Project, City ProjectNo. 654-ST.
Said work shall be performed in accordance with the Plans, Specifications, and other Contract Documents, all of which are referenced in Article III hereof and incorporated herein as though fully set forth, Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be fiirnished by City, ARTICIJ, n
CONTRACT SUM AND PAYMENT
For perfoiming and completing the work in accordance with the Contract Doctunents, City shall pay Contractor, in full compensation therefore, the contract sum of One Hundred Thousand Eight Hundred SixtyDollars ($100,860) set forth inthe Bid Schedule(s) that are included among the Contract Docutnents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in'the work, supetavision, administration, overhead, expenses and aiiy and all other tliings required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in tlie manner, and upon the conditions specified in the Contract Documents. l
260
ARTICLE III
CONTRACT DOCUMBNTS
The Contract Documents, which constitute the entire Agreement between tlie City and the Contractor, are enumerated as follows: the Notice Inviting Bids, the Instructions to Bidders, the Accepted Proposal, tlie Bid Schedule(s), the List of Subcontractors, Contractor's mdustrial Safety Record, the Contractors Qualification Statement, the Bid Security FOIITIS for Check or Bond, tbis Agreement, the Worker's Compensation Insurance Certificate, the Performance Bond, the Payment Bond, the Non-Collusion Affidavit, the Specifications, and Special Proyisions and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and any and all supplemental agreements heretofore or herewith executed amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner, all of which are refeited to as the Contract Documents, These form the entire "Contract", and all are as fully a part of the Contract as if attached to tliis A@eement or repeated herein,
ARTICLF, IV
INDEMNIFICATION
The Contractor shall indemnify, hold hannless and defend (with counsel selected by the City), the City of South Gate and its affiliated entities, its officers, employees, consultants and sub- consultants, their respective officers, agents, employees (collectively the "Indemnified Parties"), from any aixd all claims and losses whatsoever occurring orresultingto any and all persons, firms, or corporations furnishing or supplying work, services, mateiials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising firom the awarding or execution of this Agreement, and from any aiid all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury, death arising out of or connected with the Contractor's obligation to indemnify, defend and save harmless the "Indemnified Parties" as stated hereinaboye including, but not be limited to, paying all legal fees and costs incuired in connection with any such claims, losses, lawsuits or actions. THIS PROVISION SHALL StJRVIVE THE COMPLETION OF WORI( AND SERVICES TO BE PROVIDED tJNDER THIS AGREBMENT AND THE OTHER CONTRACT DOCUMENTS
ARTICLE V
COMMENCEMENT, COMPLETION AND LIQUIDATED DAMAGES
Contractor shall commence work on a date to be specified in a writtenNotice to Proceed fromthe City's DirectorofPublic Works and shall complete all vtorkfor eachphase wifli4 to 10 working days PER PHASE to complete all work from the date of the City's Notice to Ptoceed for each phase of work, unless authorized othe:mise by the City Engineer. All work is expected to be completed within 2 months of the initial NTP, including all phases, thereafter (subject to "force majeure" delays, if any, to the extent allowed under the Contrad Documents), If the work is not completed within that time, Contractor shall owe and pay to the City liquidated damages in the 2 261
amoutt or amounts set fortli in the Contract Docutnents.
ARTICLE VI
EFFECTIVE DATE
Tl'iis Agreement shall become effective and coinmence on May 23, 2023.
IN WITNESS WHEREOF, the Paities liereto have caused tlffs Agreement to be executed and attested by tlieir respective officers tliereunto duly authorized, CITY OF SOUTH GATE:
Maria del Pilar Avalos, Mayor
Dated: 06/ / Y/ 2 3
ATTEST:
B7:
laze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
F. Sa}inas, City Attorney
WGJ ENTERPRISES, INC.:
B7:
William G. Jacob, President
Dated:
(b /t, 7:bz.s
APPROVED
262
WORKER5S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following foim as required by the California Labor Code, Sections 1860AND 1861.
I am aware of the provisions of Section 3700 of the Labor Code whicli require every employer to be insured agaixist liability for workers' compensation or to undertake self-insurance in accordance witli the provisions of that Code, and I will comply witli such provisions before commencing the perfori'nance of the work of this Contract.
DATED: (Al<,4 2a,23
WGJ ENTERPRISES, INC.
B,y:
William G. Jacob
President
Title
ATTBST:
By:
Signature
Title
263
INDEMNIFICATION AND LIABILITY INSURANCE REQUIREMENTS The following requirements must be met when submitting insurance certificates to the City of South Gate in connection with Public Works and other projects:
1, Theinsurancecerti&:,atemustbeissuedtotheCityofSouthGate,8650CaliforniaAvenue, South Gate, CA 90280, attention of the City Engineer.
The City of South Gate, Soutli Gate Housing Authority, and their officers, employees, elected officials, and agents must be sliown as additional insured per ISO CG 20101185, andseparateendorsementsigned byan authorizedrepresentativeoftlie insurance company is required,
The City has the right to request a copy of complete insurance policy including all endorsements and certificates.
The Certificate must include cross liability coverage either included in the Coinmercial GeneralLiabilitycoverage, andsoindicateonthefaceoftheCeitificateunderthatheading or by separate endorsement.
5. The Ceitificate should also indicate that the insurance covers "All Operations" or should specify the particular services to be provided.
Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuiies topersons or damages to property whichmay aiise from orin connection with the performance of the workhereunder by the Contractor, his agents, representatives, employees or subcontractors,
Minimum Sco'pe of msurance
Coverage shall be at least as broad as:
1, Insurance Senrices Office Commercial General Liability covemge (occuirence from CG 0001).
2. Insurance Services Office form mimber CA 0001 (Ed, 1/87) covering Automobile Liability, code 1 (any auto),
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4, Course of Construction insurance covering for "all risks" of loss. Baithquake and flood insurance is not required to be furnished by the Contractor. 5 264
Contractor shall maintain limits no less than:
1. GeneralLiability: $1,000,O00peroccurrenceforbodilyinjury,personalinjuryand property damage. If Commercial General Liability Insurance or other foim with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project which is the subject of this Agreement arid the location where worlc thereunder is to be performed, or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage,
3. Employer'sLiability: $1,000,000peraccidentforbodilyinjuryordisease.
4. Course of Coristuction: Completed value of the project that is the subject of this Agreement,
Deductibles and Self-Insured Retention
Anydeductiblesorself-insuredretentionmustbedeclaredtoandapprovedbytheCity. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Instuance Pmvisions
The general liability and automobile policies are to contain, or be endorsed to contain, the followingprovisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as insurers with respect to liability arising out of autoi'nobiles owned, leased, bired or boirowed byor on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnishedin connectionwith suchwork oroperations, General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy.
2. For any claims related to the project that is the subject of this Agreement, the Contractor's insurance coverage shall be primaryinsurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by tis clause shall be endorsed to state that coverage shall not be canceled, or modified, by either party, except affer thirty (30) days' prior written notice by certified mail, return receiptrequested, has been given to the City. 6 265
Course of constniction policies shall contain the following provisions:
1. The City shall be named as loss payee.
2. The insurer shall waive all rights of subrogation against the City, Acceptability of Insurers
Insuraiice is to be placed with insurers with a current A,M. Best's rating of no less than A:VII,
Veiification of Coverage
Contractor shall futish the City with original certificates and amendatory endorsements effectingcoveragerequitaedbythisclause. TheendorsementsshouLdbeonformsprovided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include ail subcontractors as insurers under its policies or shall furnish separate certificates arid endorsements for each subcontractor, All coverage for subcontractors shall be subject to all of the requirements stated herein.
Indemnification
The Contractor shall indemnify, hold harmless and defend (with counsel selected by the Cityof South Gate), the Ci'fyof South Gate, the City of South Gate HousingAuthority, their consultants aiid sub-consultants, and their respective officers, agents, and employees, from anyandallclaimsandlosseswhatsoeveroccurringorresultingto anyandallpersons,firtns, corporations or other entities furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions aiising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or other entity, or property for damage, injury, death arising out of or connected with the Contractor's obligation to indemnify, defend and save harmless the Cityof South Gate, the City ofSouth Gate Housing Authority, their consultants, sub-consultants, and other parties listed above, as stated heireinabove shall include, but not be limited to, paying all legal fees and costs incutred by legal counsel of the City of South Gate's choice in representing the City of South Gate, the City of South Gate Housing A'uthority, consultants and sub-consultants in coHiection with any such claims, losses, lawsuits or actions, THIS PROWSION SHALL
SURVIVE THE COMPLETION OF WORI( AND SERVICES TO BE PROVIDED tJNDBR THIS AGREEMENT
7 266
@lffmAGER'S OFFICE
Item No. 8
NOV 2g 2023
'g':@, 6t- City of South Gate
CITY COUNCIL
AGENDA BULL
For the Regular Meeting of: November 28, 2023
Originating Department: Parks & Recreation
Steve CostlOy
City Matxager:
Rhris Jeffers
SUBJECT: CHANGE ORDER NO. l AND N0. 2 TO CONTRACT N0. 2023-58-AC WITH EXECUTIVE MANAGEMENT SECURITY SERVICES.
PURPOSE: To extend the contract for Executive Management Security Services to include services through December 2023.
RECOMMENDED ACTION: The City Council will consider:
a. Approving Change Order No. l in the amount of $36,075 to Contract No. 2023-58-AC with Executive Management Security Services;
b. Approving Change Order No. 2 in the amount of $43,290 to Contract No. 2023-58-AC with Executive Management Security Services; and
c. Authorizing the Director of Administrative Services to execute both Change Orders in a form acceptable to the City Attorney.
FISCAL IMPACT: No fiscal impact. The total contract amount of $114,000 will not result in additional costs since it uses the Community Services Officer vacancies in the Parks & Recreation Department salaries that were approved as part of the Adopted FY 2023/24 Fiscal Year.
REPORT SUMMARY: At the request of the City Council, staff was directed to supplement the CSO/Park Ranger Program for the Parks & Recreation Department (Department) until recruitment of vacant'positions could be completed and those new hires are properly onboarded with training.
The Department secured the services of Executive Management Security Services (MSS) to enforce park rules and regulations. MSS is also overseeing security at the Urban Orchard Project as part of the Interim Work approved by Los Angeles County Local Enforcement Agency. That work is being performed under a sperate agreement being overseen by the Public Works Department.
The original agreement in which MSS was engaged to backfill the vacant CSO position within the Department was for services under $50,000 and was authorized by the City Manager. Because the recruitment and onboarding training has taken longer than originally anticipated, and the desire to maintain enforcement services in the various parks continued, MSS was asked to keep providing services. The Change Orders will cover costs incurred to-date and through the end of the calendar 1 267
year 2023; at which time, MSS services will no longer be needed since the CSO positions have been filled adequately.
MSS has been well received and their presence has significantly reduced the number of complaints at all park locations.
ATT ACHMENTS: A. Change Order No. l
B. Change Order No. 2
C. Contract No. 2023-58-AC
2 268
ATT ACHMENT A
CITY OF SOUTH GATE
PARKS & RECREATION DEPARTMENT
CONTRACT/PO CHANGE ORDER
Page I of l
CHANGE ORDER #: 001
PROJECT TITLE:
CONTRACT #: Contract No 2023-58-AC
CONTRACTOR: E)T.CUTIVE MANAGEMENT SEC{JRITY SERWCES CITY PROJECT #: N/A
PURCHASE ORDER #: 0007832
CHANGE REQUESTED BY: A. MEDINA
DATE OF REPORT: 09/07/23
Cost Comments
Original contract/PO amount $ 34.635.75
Previous Change Orders amount 0.00
This Change Order amount $ 36.075.00
Total increase to contract (all change orders) to date: $ 36,075.00 Revised total contract amount to date: $ 70,710.75
Percentage of tota} increase (or decrease) to contract amount to date: 51% DESCRIPTION OF CHANGE ORDER WORK TO BE PERFORMED, ESTIMATE OF OUANTITIES, AND PRICES TO BE P,AID:
Change in Bid item Quantities
Item # Detatled description
Contract
Quantity
Previous
Change
Orders
Quantity
THIS
Change
Orders
Quantity
Total
Adjusted
Contract
Quantity Unit Untt Cost
Change Order
Cost
Time
Extension
Working
Days
1 Change order need to cover cost of service from July 30, 2023 through October 7, 2023.
o o _I.OO _1.00 1 ,$36075.00 _N/A
2 o o __o.oo _o.oo o o
3 o o _o.oo _o.oo o o
4 o o _o.oo _o.oo o
NOTES:
Total Cost: $36,075.00
THE TOTAL AMOUNT OF THIS CHANGE ORDER IS: $36,075.00 Approva} Recommended by: A. Medina Date: 09/07/23
Director, Manager, Superintendent (department procedure) Date: 09/07/23
Approved by:
Director of Administrative Services
Date:
269
ATT ACHMENT B
CITY OF SOUTH GATE
PARKS & RECREATION DEPARTMENT
CONTRACT/PO CHANGE ORDER
Page I of l
CHANGE ORDER #: 002
PROJECT TITLE:
CONTRACT #: Contract No 2023-58-AC
CONTRACTOR: EXECUTIVE MANAGEMENT SECURITY SERVICES
CITY PROJECT #: N/A
PURCHASE ORDER #: 0007832
CHANGE REQUESTED BY: A. MEDn%lA
DATE OF REPORT: I 1/15/23
Cost Comments
Original contract/PO amount $ 34.635.75
Previous Change Orders amount 36,075.00
This Change Order amount $ 43.290.00
Total increase to contract (all change orders) to date: $ 79,365.00 Revised total contract amount to date: $ 114,000.75 Percentage of total increase (or decrease) to contract amount to date: 70% DESCRIPTION OF CHANGE ORDER WORK TO BE PERFORMED, ESTIMATE OF 0UANTITIES, AND PRICES TO BE PAID:
Change in Bid item Quantities
Item # Detailed description
Contract
Quantity
Previous
Change
Orders
Quantity
THIS
Change
Orders
Quantity
Total
Adjusted
Contract
Quantity Unit Untt Cost
Change Order
Cost
Time
Extension
Working
Days
1 Change order need to cover cost of service from October 7, 2023 through December 30, 2023.
o o _1.00 _l.OO I ,$43290.00 _N/A
2 o o _O.OO _o.oo o o
3 o o _o.oo _o.oo o o
4 o o _O.OO _o.oo o
NOTES:
Total Cost: $43.290.00
THE TOTAL AMOUNT OF THIS CHANGE ORDER IS: $43.290.00 Approval Recommended by: A. Medina Date: 11/15/23
Direttor, Manager, Superintendent (department procedure) Date: l 1/15/23
Approved by:
Director of Administrative Services
Date:
270
Contract No. 2023-58-AC
ATT ACHMENT C
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE
CITY OF SOUTH GATE AND EXECUTIVE MANAGEMENT
SECURITY, INC.
This Agreement for Professional Services for Security Services ("Agreement") is made and entered into on May 4, 2023, by and between the City of South Gate, a municipal corporation ("City"), and Executive Management Security Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RF,CITALS
WHEREAS, City desires to retain a qualified provider for certain services relating to Security Services; and
WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the Professional Services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform the services as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.
NOW, THF,REFORE, the Parties hereby agree as follows:
1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in wntxng.
2. COMPENSATION FOR SERVICES. The total amount of compensation for this Agreement shall not exceed the sum of THIRTY-THREE DOLLARS AND FIFTY CENTS ($33.50) PER HOUR ON REGULAR TIME AND FIFTY-FIVE DOLLARS ($55.00) PER HOUR FOR OVERTIME as described in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by the City Manager or his designee. THE TOTAL AMOUNT OF THIS AGREEMENT SHALL NOT EXCEED FORTY-NINE THOUSAND DOLLARS ($49,000).
2.1 Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.
271
2.2 Consultant shall be paid in accordance with the schedule included in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant within thirty (30) days of receipt of the invoice.
2.3 No payment made hereunder by City to Consultant, other than the final 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 Agreennent.
3. TERM OF AGREEMENT. This Agreement is effective as of MAY 8, 2023, and will remain in effect for a period of € year from said date or until project completion, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein. Under no circumstances shall the services provided exceed the amount of this Agreement in Section 2.
4. CITY AGENT. The CITY MANAGER, or his designee, for the purposes of this Agreement, is the agent for City. Whenever approval or authorization is required, Consultant understands that the Director, or his/her designee, has the authority to provide that approval or authorization.
5. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by Consultant under this Agreement. Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the term of this Agreement.
5.I Consultant represents that no City employee or official has a material financial interest in Consultant's business. Duig the term of tms Agreement and/or as a result of being awarded this contract, Consultant shall not offer, encourage or accept any financial interest in Consultant's business or in this Agreement by any City employee or official.
6. GENERAL TERMS AND CONDITIONS.
6.1 Termination for Convenience. City may tenate 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 properiy. If this Agreement is terminated by City as provided herein, Consultant will be paid the total amount of its costs as of the termination date.
In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement. 2 272
6.2 Termination for Cause.
6.2.1 City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
a. If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof; or
b. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure withing a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.
6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.
6.2.3 IfthisAgreementisterminatedasprovidedaboveinSubsection6.2.1, City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computations, surveys, models, or other similar documentation prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.
6.2.4 If, after notice of termination of the Agreement under the provisions of Subsection 6.2.1 above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6.1. above.
6.3 Non-Assignabihty. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City. 3 273
6.4 Non-Discrimination.
6.4.I Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of to race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and the City governrnents. 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, ancestty, sex, national origin, disability, or age.
Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perfomi services under this Agreement, are free from such discrimination. Such employment practices include, but are limited to:
hiring, upgrading, demotion, transfer, recmitment, recruitment advertising, layoff, termination, rates of pay or other fomis 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 Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.
6.5 Insurance. Consultant shall submit to City, certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
6.5.1 Workers Compensation Insurance as required by law. require all subcontractors similarly to provide
compensation insurance for their respective employees.
Consultant shall
such workers'
6.5.2 Comprehensive general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injug 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:
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a. Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City. b. Name and list as additional insured the City, its officers and employees.
c. Specify its acts as primary insurance.
d. Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except upon thirty (30) days prior written notice to City of such cancellation or material change."
e. Cover the operations of Consultant pursuant to the terms of this Agreement.
6.6 Tiii1pmii;rii ,itinn Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third 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 govemments, without regard to conflict of law principles.
6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between City and Consultant.
6.8.1 Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are 5 275
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 emollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold haless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of City.
6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City. Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of Consultant.
6.9 Consultant's Personnel.
6.9.1 All services required under the Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, pemits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
6.9.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
6.9.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance and Social Security.
6.9.4 Consultant shall indemnify and hold harmless City and all other related entities, officers, employees and representatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices or of any acts of omissions by Consultant in connection with the work performed arising from this Agreement.
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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 Califomia 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 constnxed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be constnued as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
6.11.3. The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
6.11.4. Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.12 Counterparts. This Agreement may be executed in counterparts and as so executed, shall constitute an agreement which shall be binding upon all Parties hereto.
6.13 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, shed, 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, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, sub-consultants and agents.
6.14 Corrections. In addition to the above indemnification obligations, Consultant 7 277
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 reasonable, timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant.
6.15 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.16 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Pmty 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.
6.17 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.
6.18 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.19 Attorneys' Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that Party or those Parties may be entitled.
6.20 Entire Agreement and Amendments. This Agreement constitutes the whole agreement between City and Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or 8 278
information not contained in this Agreement. Any amendments, changes or modifications to tis Agreement must be made in writing and appropriately executed by both City and Consultant.
6.21 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery and depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
City of South Gate
Chris Jeffers, City Manager
8650 California Avenue
South Gate, CA 90280
Email : cieffers@,sogate.org
TEL: (323) 563-9503
TO CONSULTANT:
Executive Management Security, Inc.
Eddie Delgadillo
1441 Huntington Drive #1590
South Pasadena, CA 91030
WITH COURTESY COPY TO:
City of South Gate
Yodit Glaze, City Clerk
8650 California Avenue
South Gate, CA 90280
Bmail : yglaze@,sogate.org
TEL: (323) 563-9511
6.22 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.
6.23 Consultation with Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.
6.24 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be constmed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.
7. EFFECTIVE DATE. The effective date of this Agreement is May 8, 2023, and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
[Remainder of page left blank intentionally.]
9 279
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SO GATE:
Chris Jeffers, C;
Dated:
ATTEST:
B7:
Yodit , City Clerk
APPROVF,D AS TO FORM:
B7:
Raul F. Salinas, City Attorney
EXECUTIVE MANAGEMENT SECURITY, INC.:
By:
Dated: < - ot zs
10 280
2023 Security Proposal
281
Executive Management Security, lm,.
May 8, 2023
Steve Costley
9520 Hildreth Ave
South Gate, CA 90280
Steve:
Thank you for allowing us the opportunity to present our security service proposal. Our company's reputation as having the best quality service is a direct result ofthe individual attention and custom modifications we make and deliver to all of our clients.
Executive Management Security provides highly trained and motivated security guards on a consistent basis. Our security officers have extensive years of training and experience and take pride in ensuring that our client's properties are secure.
We welcome the opportunity to make you our client and partner.
I look forward to working with you in the near future. Please reach out to me if you have any questions or require clarification.
Sincerely,
Eddie Delgadillo
President
(626) 616-4438
282
Executive Management Seciirity, Inc.
Executive Management Security, Inc.
Commercial Security Senices
TABLE OF CONTENTS
Statement of Company Qualifications.
Company Information
Employment & Hiring
Training
Uniform Attire
Security Deployment Strategies
Cost of Service
Payment and Terms.
Bureau of Security and Investigative Services Certificate....................
Certificate Liability Insurance
Organizational Chart
Covid-19 Safety Plan
2 2
3 4
5 5/6
7 7
8 9
10 1l
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Executive Management Security, Inc.
Statement of Company's Qualifications
Executive Management Security, Inc., in South Pasadena, CA, is a leading provider of unarmed security guards. Our management team has provided professional security services to local cities, business executives, celebrities, foreign dignitaries, politicians, individuals, and residential and commercial owners for over twenty-five years. We are an elite security management company with the highest security, safety, and customer service standards. Our management team tailors our services to the unique needs of each client.
At Executive Management Security, our staff takes satisfaction in helping our clients. We welcome the opportunity to make you our client.
Company Information
Executive Management Security, Inc.
1441 Huntington Drive #1590
South Pasadena, California 91030
Office: (800) 686-6353
www.execmgmtsec.com
Executive Management Security, Inc. was founded in 2014. The company is incorporated in the State of California.
Orqanizational Chart
See attached Organizational Chart (Page 10)
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Executive Management Security, Inc.
Employment & Hiring
All personnel actions including recruitment, selection, promotion, and discipline are made without regard to a person's disability, race, color, religion, sex, national origin, and age or veteran status. Executive Management Security complies with appropriate federal and state laws.
Executive Management Security Inc., utilizes various resources for the recruitment of personnel.
In order to maintain a tenured and consistent workforce, we hire employees near each of our job sites.
Executive Management Security, Inc. has a four-step selection process for bringing on board qualified security guards.
Application
The application process allows our team to review and screen for qualified applicants in order to move forward in the recniitment process. Prior security guard and customer service experience are highly recommended and/or required depending on the scope of the role.
In-person Interview
Interviews are conducted by the company's senior management team to ensure applicants meet the skills and qualifications required to peform the role.
References, Background Check, and Offer
Once a candidate has been selected for the position, his or her professional references are contacted. We also verify candidates' employment history, including requesting information on job performance, strengths, and weaknesses. An offer is extended to successful candidates.
On-boarding & Placement
The final stage of the hiring process is a welcome interview with the president of the company and completion of the new hire package which includes the 1-9 verification and a copy of key policies. The employee will be placed in an account in which his/her experience and knowledge will fulfill the client's needs and expectations. 3 285
Executive Management Security, Inc.
Training
We have an outstanding record of success in providing exceptional service to our clients, customers, and partners. Our team members are provided with the Following:
Customer Service: A four-hour interactive course in customer service skills necessary to prepare them for real-life scenarios including how to deal with difficult customers and/or situations. To ensure active participation, team members engage in role-playing and group activities. We focus on their customer service skills; given our presence in the field, we work very hard to ensure that our team is always ready to display a positive approach and a professional appearance
Some of the topics covered in our training include:
* Conflict Management
* De-escalation
* Communication
* High Image Standards
* Quick guide on "Do's and Don'ts"
Active Shooter: Employees participate in a one-hour active shooter training course that covers the topics below:
* Warnings of signs of potential workplace violence * How to prepare themselves for a threatening situation @ Recognizing signs that an active threat is near
* Options to take if confronted with a workplace shooter and execution of the plan. * What to do when the police arrive on the scene Harassmenf and Discrimination Training: Executive Management Security, Inc. provides a workplace free of harassment of employees by other employees, supervisors, managers, customers, visitors, vendors, or others doing business with or for the company, including harassment based on race, religious creed, color, national origin, religion, sex (including gender, sexual orientation, gender identity, and gender expression), age, ancestry, physical disability, mental disability, medical condition, marital status, registered domestic partner status, genetic characteristics or genetic information, pregnancy or childbirth, political activities or affiliations, citizenship status (except as may be required by law), or military or veteran status, or any other category protected by law. Executive Management Security, Inc. considers such harassment an act of misconduct that may subject an individual to disciplinary action, up to and including immediate termination. All supervisors and managers are responsible for implementing and monitoring compliance with this policy.
Executive Management Security, Inc. provides training to management as required by the State of California.
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Executive Management Security, Inc.
Uniform Attire
We ensure our staff represents professionalism and uniformity at our job sites. Executive Management Security, Inc. will ensure that our staff is equipped with the proper uniforms and equipment to do their job well and safely. Executive Management Security, Inc. supplies our staff with black uniform shirts and black pants to ensure a professional appearance. Below is an outline of our uniform requirements. Security uniforms can be modified to address the needs of the client. * Black Trousers
* Black Security Polo
* Black Belt
* Black Shoes
Security Deployment Strategies
Patrol and monitor public use of the City of South Gate, ten parks by vehicle, or on foot. General principles and practices of park patrol and security.
Job Duties
Educate and advise the public on standards of safety and cleanliness by explaining and enforcing park policies, regulations, and City ordinances relating to park and facility use.
Open and secure park facilities, restrooms, gates, and trails.
Ensure facilities are available for use and in a safe and clean condition; report problems concerning safety, security, sanitary conditions, and maintenance needs.
Provide polite courteous service to members of the public; respond to requests for service or provide referrals to other depafments as appropriate.
Coordinate with South Gate staff on the use of picnic shelters, spofs fields, and other park amenities to post reserved signs, and resolve conflicts and compliance issues. The guest must present a valid permit.
Update daily patrol logs; complete maintenance logs daily, incident, vehicle accident, and employee injury reports, or other required reports as necessary.
Investigate complaints and disputes in Community Services parks and facilities. needed; act as a courier when required.
ASSiSt with City and Department sponsored community events, including supervision event patrol, parking control, and set-up/break-down.
Follow safe working practices and make appropriate use of related safety equipment as required.
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Executive Management Security, lm,.
Document abandoned property, document incidents of graffiti and vandalism, and take a clear photograph.
Write log entries, reports, and messages; complete forms and records; maintain records and files on work performed.
Communicate effectively both verbally and in writing, and establish cooperative working relationships with City staff and the public.
Safely follow directions; take appropriate courses of action in emergencies Perform related duties and responsibilities as required Conduct
s Exercise tact, self-restraint, and good judgment in stressful encounters and situations. * Anticipateandsolveproblems.DeescalatesituationsDONOTcontributetothem. @ Operate a motor vehicle in a safe and professional manner. (Refer to EMS Driving Policy) * Operate mechanical and electronic equipment, cell phones, BWC, and company-related equipment.
Notifyinq Authorities
* Communicate with law enforcement, as needed Via cell phone or in person, and respond to low-level calls for service in parks and recreational facilities.
If you encounter an injury or illness notify the proper authorities.
Identify, DO NOT remove, transport, or dispose of hazardous materials, hypodermic needles, and/or other drug paraphernalia - CONTACT PD to respond.
We consider our management team's expertise and effectiveness to be one of our key differentiators. Our management team will be available to develop custom requirements, procedures and answer any questions you may have. A supervisor will be assigned to the location to ensure overall contract compliance and performance evaluation of the on-site team. The same guards will be sent consistently to the account. However, a trained and familiar substitute will be necessary from time to time and the business will ensure that detailed policies and procedures about the job are forwarded to substitute guards by the supervisor. 6 288
Exectitive Management Security, Inc.
Cost of Service
Executive Management Security, Inc. has a thorough and complete understanding of the work to be accomplished and can provide the below-listed rate to cover your residence. :aar:_atx N!*"JTh'ab'NWajfWta am!: " ' ." . . -=.'
Security Unarmed Guard $37.00 per hour $55.50 per hour Executive Management Security will cover all guard/vehicle/maintenance/fuel costs.
The City of South Gate will not be responsible for any additional cost.
Executive Management Security Inc., recognizes the following federal holidays and our guards are to be compensated one and one-half times the employee's regular rate of pay for all hours worked on the following days:
New Year's Day
Martin Luther King Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
There is a 5-hour minimum per guard, per shift worked. If the need to cancel arises, the client shall cancel any manpower request, at least twelve (12) hours prior to the beginning of the assignment. Failing to do so will result in the client paying a 5-hour minimum per each scheduled guard as if the guard had worked 5 hours.
Payment and Terms
Unless paid in advance, all charges shall be due and immediately payable upon submission of each invoice. If payment is not received within thirty (60) days of the invoice, the client shall pay two and one-half percent (2.5%) per month interest, as a finance charge on any and all late payments.
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Executive Management Security, Inc
Executive ManagementSecurity, Inc-
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Executive Management Security, Inc.
Covid-19 Safety Plan
Businesses and events are having to adjust to this "new normal." We, at Executive Management Security Inc., are ready to provide you with our elite security service with a new approach in response to Covid-1 9.
Executive Management Security, Inc. makes it a top priority to ensure the safety and well-being of our employees, your clients, staff, and properties. As a result of COVID-19, Executive Management Security, Inc. has implemented numerous safety measures and is taking daily proactive steps to ensure our security teams and office personnel are operating in a safe environment. All projects and job site security officers, no matter the location or size, are adhering to the Centers for Disease Control and Prevention, OSHA, and local health department guidelines.
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--LA-C-oynt-y Road 4:o Rec5 .!
RISK OF COVID-19 REa4AlNS HIGH
FOLLOW INFECTION CONTROL PRACTICES AT ALL TIMES
WEAR
doth face coverings
when around others
outside your home
MAINTAIN
Physical Distancing
of 6 feet
AVOID
touching your face
with unwashed hands
SELF-ISOlATE
for 10 days + 3 days
after you are
symptom-free (if you
have or are likely to
have COVID-19)
WASH
freoquurehnatnlyds8
for 20 seconds
SELF-QUARANTINE
contact with an
infected person
For more information, vim: publicheatth.lacounty.gov/coronavirus W l%h*k 1l
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CITY MANAGER'S OFFICE
Item No. 9
NOV 2 2 2023
K:'(rw- Ciffl of South Gate
CITY COUNCIL
AeENDA BNLL
For the Regular Meeting of: November 28, 2023
Originating Department:
nepartmemnirector: Q-744 cityyanager: d
Darren Arakawa Chris Je,ffers
SUBJECT: AGREEMENT WITH CONVERGINT TECHNOLOGIES, I,I,c., 'I'o
REPLACE SECURITY CAMERAS FOR THE POLICE DEPARTMENT PURPOSE: To approve a professional service agreement with Convergint Technologies, LLC., to replace security cameras for the Police Department. The South Gate Municipal Code requires that all agreements that are in excess of $50,000 be approved by the City Council.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an Agreement with Convergint Technologies, LLC., to replace security cameras in the amount of $97,248; and
b. Authorizing the Mayor to execute the Agreement in a fori'n acceptable to the City Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The project will be funded using Law Enforcement Grants for $72,000 and Police Asset Seizure 'funds for $25,248, part of the Fiscal Year 2023/24 budget.
ANALYSIS: The cameras at Firestone & Azalea West, Firestone & Atlantic, Atlantic & Azalea North, Firestone & LA River and Firestone & Garfield have stopped working since November of 2022 due to hardware failure. The equipment is at its end-of-life, and replacements are no longer available,
BACKGROUND: Security cameras are an extension of the Police Department as they capture accidents, disputes, or criminal activities as they happen, providing critical infomiation to responding officers. The presence of cameras serves as a deterrent for reckless driving, speeding or other traffic violations, reducing the likelihood of accidents in these high-traffic areas. New advances in camera technology provide law enforcement with the capability to identi'fy objects such as people, vehicles, or animals in real-time. They also help identify suspects and their movement. The use of artificial intelligence (AI) powered cameras also provides real-time monitoring, real-time threat detection, emergency response, facial recognition, and crowd management. This technology helps improve the overall security and safety of public spaces.
ATTACHMENT: Proposed Agreement
I
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convergjnt
1983 S. Santa Cruz st., Anaheim, California 92805
Phone Mobile (949) 940-6428
[email protected]
October 17, 2023
City of South Gate
South Gate Police Department
8620 California Ave
South Gate, California 90280
Attention: Martin Dinh
Quotation:
License/Cert
FEOO560308P
C-10 License #986407
Reference: Firetide Radio Replacement-v2
Sourcewell Contract 030421-CTL
On behalf of Convergint"s global network of colleagues, I would like to personally thank you for providing Convergint with the opportunity to present this proposal addressing your electronic security needs. We are confident that this proven solution is both comprehensive and customized to meet your needs today, and in the future.
Convergint"s reputation for service excellence is backed by a foundational commitment to our core value of service, and we have been recognized as the #1 Systems Integrator by SDM Magazine. This recognition reflects the strong relationships Convergint has developed with the industry's top technology manufacturers, and our history of success with providing exceptional service to our customers.
Our guiding principle has always been to be our customers' best service provider. Our dedicated and certified team of professionalsstrivesto uphold our customer-focused, service-based mission to make a daily difference for our customers. After achieving a successful on-time and on-budget project installation, Convergint will provide you with the industry's best ongoing service, including our 24/7 customer portal iCare, designed to track service work orders, project progress, and provide you with detailed metric reporting for continuous improvement.
The following security proposal is specifically designed to meet your needs. As your single point of contact, please feel free to contact me with any additional questions you may have. Thank you again for trusting Convergint as your partner.
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convergjnt
Scope of Work
Convergint Technologies' scope of work includes furnishing, installing, programming and commissioning the material listed in the attached bill of materials (BOM) as outlined below and with regards to the data listed in the clarifications and exclusions section of this proposal.
Proposal complies with prevailing wage labor requirements.
The scope will include the replacement of wireless radios in the City of South Gate. The existing radios are non-functional and no longer supported by the manufacturer. In addition, these older radios operate on a very saturated wireless frequency. Convergint will replace these radios with new Siklu radios operating in the 50-70Ghz frequency range to avoid network saturation issues with the more crowded 5Ghz frequency. In addition, Convergint will replace the existing camera with a new 360 camera combined with a new PTZ camera at each of the 5 intersections listed below.
In addition, Convergint will migrate existing IndigoVision system to the new Public Safety preferred video management system, Genetec. As part of a technology migration plan, Genetec will provide the City all software at no cost based on a promotional offer consisting of 5 year software maintenance plan. In summary, the City would only pay for 5 years of Genetec software maintenance plan and get all licensing for free including all video, access control, intercom, intrusion, license plate recognition, and video analytics licensing.
Convergint will install the following equipment at each location:
* Firestone and Atlantic SE Corner
o Install Siklu Mutihual radio aimed at Firestone and Atlantic NW Corner o Install Small NEMA Enclosure to house power supplies o Replace existing camera with a new 360 camera combined with a PTZ and program the camera into the new Genetec system at PD
o Connect new camera to new Siklu radio
o City to provide 120V power on pole and IP addresses * Firestone and Atlantic NW Corner
o Install Siklu Mutihual radio aimed at Firestone and Atlantic SE Corner o Install Siklu 710EH radio aimed at Salt Lake Water Tower o Install Small Industrial POE switch
o Install Small NEMA Enclosure to house power supplies o Connect existing camera to new Siklu radio
o City to provide 120V power on pole and IP addresses * Firestone and Azalea North NW Corner
o Install Siklu Mutihual radio aimed at Firestone and Atlantic NW Corner 296
convergjnt
o lnstall Small NEMA Enclosure to house power supplies o Replace existing camera with a new 360 camera combined with a PTZ and program the camera into the new Genetec system at PD
o Connect new camera to new Siklu radio
o City to provide 120V power on pole and IP addresses * Atlantic and Azalea West SW Corner
o Install Siklu Mutihual radio aimed at Firestone and Atlantic NW Corner o Install Small NEMA Enclosure to house power supplies o Replace existing camera with a new 360 camera combined with a PTZ and program the camera into the new Genetec system at PD
o Connect new camera to new Siklu radio
o City to provide 120V power on pole and IP addresses * Firestone and L.A. River Bridge South Side
o Install Siklu 710EH radio aimed at Salt Lake Water Tower (or possibly Firestone & Atlantic)
o Install Small NEMA Enclosure to house power supplies o Replace existing camera with a new 360 camera combined with a PTZ and program the camera into the new Genetec system at PD
o Connect new camera to new Siklu radio
o City to provide 120V power on pole and IP addresses * Firestone and Garfield NE corner
o Install Siklu 710EH radio aimed at Salt Lake Water Tower (or possibly Firestone & Riverbed)
o Install Small NEMA Enclosure to house power supplies o Replace existing camera with a new 360 camera combined with a PTZ and program the camera into the new Genetec system at PD
o Connect new camera to new Siklu radio
o City to provide 120V power on pole and fP addresses * Salt Lake Water Tower
o Install Siklu 710EH radio aimed at Firestone & Atlantic o Install Siklu 710EH radio aimed at L.A. River Bridge o Install Siklu 710EH radio aimed at Firestone and Garfield o Install Small NEMA Enclosure to house power supplies o Connect 3 new Siklu radios to City's existing switch up in the tower o City to provide 120V power up on tower and IP addresses o CitytoprovidereliablenetworklinkusingexistingSikluradiosfromTowertoSouth Gate Police Department.
Convergint will install, aim & focus all radios and will commission the system. Convergint will provide 150" boom lift and bucket trucks. City to provide IP addresses, constant 120V power at 297
convergjnt
poles & water tower, and network equipment configured to connect to PD up on tower. City to provide access to water tower and all traffic control.
Lastly, Convergint will lower existing equipment on the Tower if feasible to mitigate need for 150" boom lift on future trips.
Warranty
Convergint will provide a one-year labor warranty and a one-year material warranty on equipment provided by Convergint. Provision of labor and materials after the first year will be billed on a time and materials basis.
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Note: Drawing below is a sample illustration only. Actual camera placement and view angles may vary.
C'aa.4Tlninrj
iconvergint
City of South Gate
8620 Califomia Avenue
South Gate, CA 90280
Aptil 28 202)
l=r=='=="",'==:=="
0 Existing Cameras
0 Elevated Water Towers
9- City Hall I Police Department
299
convergent
Bill of Materials
Line
1 Qty
Sourcewell Contract030421-CTL
Siklu
Communication
MPL-400-CCC
Siklu EH-710TX-ODU-EXT
4 5
6 7
8 9
6.00 3.00
Manufacturer Part Description
MULTIHAUL PTP BUNDLE,BIOO-CCS,
iT200-CCC, 1 GBPS
EtherHaul-710TX PoE ODU with antenna
e
ETHERH AUL 1 FT. ANTENNA (FCC/E-TSI)
Unit :. Extended
Price Price '
S 1,638.76 S 4,916.28 ;
88. S 5,928.06
§1
137.75 S 826.50
Siklu AX-IN-60W-AC-POE-
Communication US
Communication
SR-FCC-REG
:l-
170-80GHZ FCCLINK REGISTRA
346.75
U E 726.00
PS56 240 Power supply 240W 56V 5A for S 260,0 S 260,0DIN rail mounting. 300
convergjnt
Equipment Total
Total Labor/Other Costs
Freight/Warranty
Tax if Applicable
Total Project Price
301
convergjnt
Clarifications and Exclusion
1. All work proposed herein, shall be performed during normal business hours Monday through Friday 7:00 am - 4:00 pm.
2. Low voltage wiring shall be installed via open air code approved methods.
3. Provision or installation of conduit, wire, boxes, fittings or other electrical installation materials are excluded.
4. Permits or associated fees are not included.
5. City to provide IP addresses, constant 120V power at poles & water tower, and network equipment configured to connect to PD up on tower.
6. City to provide access to water tower and all traffic control.
7. Citywillberesponsibleforpruningalltreesorremovingotherobstaclesthatmayinterfere with radio line of sight.
8. Twenty-Five percent (25%) of the proposed sell price shall be payable to Convergint for project mobilization. Mobilization shall be invoiced and due upon customer acceptance of this proposal.
9. Pricing is valid for 60 days from the date of the proposal. If accepted, please sign and date below and return to Convergint Technologies with the appropriate purchase order information.
10. Anything in the Contract Documents notwithstanding, in no event shall either Contractor or Subcontractor be liable for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages.
11. Convergint reserves the right to negotiate mutually acceptable contract terms and conditions with customer by making mutually agreeable changes to the formal contract included in the Bid Documents.
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convergjnt
Performance Items
Applicable Taxes
Freight (prepaid)
Lifts
Material (listed in the BOM)
One-Year Warranty on Labor
Project Management
System Meets Plans/Drawings
Testin@ of all Proposed Devices
Cable
Installation of Specialty Backboxes
Loading Software on Customer Provided Computer
Mounting/Termination of Proposed Devices
One-Year Warranty on Parts
Servers by Others
System Programming
Workstations by Others
120 VAC Power and Fused Disconnect Switch
Additional Lighting Requirements for Cameras
Attend Owner Project Meetings
Ceiling Tiles and Ceiling Grid Repairs
Correction of Wiring Faults Caused by Others
Electrical Installation Permit
Engineering and Drawings
FA Permit and Plan Review Fees
Fire Watch
Floor plan with device placement and numbering
(requires customer CAD)
Installation of Bridle Rings
Installation of Conduit, Boxes and Fittings
Installation of Control Panels
Installation oflntrusion Panels
Installation of Network Cabling to Card Readers
Installation of Network Cabling to IP Intercoms
Installation of Video Recorders (DVR/NVR)
Installation of Wire Hangars
On-Site Lockable Storage Facility
Owner to Provide DHCP Lease Reservations for
Network Connected Devices
Owner Training
Panel wiring point with to point connections
Payment & Performance Bonds
Riser drawing with home run wiring
Specialty Backboxes
System Engineering
Terminal Cabinets
Vertical Core Drilling
Workstations by Convergint
120 VAC Power Receptacles
Attend General Contractor Project Meetings
Authority having Jurisdiction permit drawing (requires customer CAD)
Connection to Building Fire Alarm Panel
Door wir!ng typical connections
Electrified Door Locking Hardware
Equipment rack layout drawing
Fire Stopping (Excludes Existing Penetrations)
Floor Coverings for Lifts
Horizontal Core Drilling
Installation of CCTV Cameras
Installation of Control Equipment Enclosures
Installation of Intercom Systems
Installation of Low Voltage Wire
Installation of Network Cabling to IP Cameras
Installation of Terminal Cabinets
Installation of Wire and Cable
Low Voltage Permits
Operations & Maintenance Manuals
Owner to Provide Static IP Addresses
Panel Wall Elevation drawing (may require customer CAD)
Patch and Paint
Record Documentation (As-Built)
Servers by Convergint
Submittal Drawings
System is Design-Build
Termination of Control Equipment Enclosures
Wire
303
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly arithorized.
CITY OF SOUTH GATE:
By:
Maria del Pilar Avalos, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
Raul F. Salinas, City Attorney
CONVIRGENT TECHNOLOGIES:
B7:
Bob Berkery, General Manager
Dated:
11 304
Com=int Technologiesa Insiall Teims& Conditions Version I 121une 2020 Througliout this (nsiallaiion Proposal. the ierm. aConie+gint= refers to the Conietgmi Technologies affiliate opetating in the itaie'ptoiince m which the wot[ is being peformed SECTION 1. THE WORK
This (nstallation Proposal iakes precedence oi<er and iupetiedes any and all pnot proposals, conespondence, and oral ayeements O( representations telating to the isoik tet ro* in the anached scope of work (=Wotk=) This [nstallation Proposal commences on the Slait Date as specified mthe attached scope of work and represents the entire agieement behveen Conve+>nl and Customer (the =Agreemeni") In the eieni any p(OlilSIOn of this Aqreement it held io be invalid or unet+fotceable, the temainmg pIOVlSIOnS oF this Agreement ihall remain in full force
Convetgmt agrees m accordance with the mutually agreed ptoleci schedule a To subnm shop dtaivings, product data, iamples and similar submittals iF required in perfomiuig the Work,
b To pay forall labor,maienals,equipment,tools,supervision,programming,testin4stgtupand documentation tequitetl to pef'omi the Work m accordance with the Agreement, Secure and pay for peimits and goiemmental Fees, licenses and intpechons necesiaiy for proper execution and completion of the Work, unless local +egulahons provide otherivise. and d Hire subcont+actott and order maietial io perform part of ihe Work, if necessay, while remaining responsible t'ot the completion of +heWotk
Customer AGREES In accordance with the mutually agreed prolecl schedule, and at no cost to Convergm! a To promptly approve submiiials p+osided ly Conve+gnt, b Toproxideaccesttoallareasofthet'aciliiywhicliarenecestaiyiocomplseiheWotk, C To supply suitable electrical iervice as required by Convetgtni,and d That in the event of any emergency or systems Failure, reaionable safety piecauhons will be taken by Customer to protect life and property dunng the penod of time from when Consergmt IS first notified of tlie emergency or failure and un?l such time that Consergmt notifies the Customer that the systems are operational OT that the emergency has cleared No monitoring services are included m the Work Any such services shall be goxerned by a separate agreement
Title to ihe Work, mcluding any materials COmpnSlng the Work, shall pass to Customer as the Work is completed and the materials ate incorporated mlo the Work at C ustomet's site If maierials are earlier stored on Cusiomer's site pursuant to agreement behveen Customer and Convetgint, tiile with respect to iuch materials shall past to Customer upon delivery to Customer site SECTION 2. PRIC}NG
Pricing and amounts proposed shall remain valid for 30 days unless otheriiiise specified Pnce mcludes only the matenal liiled baied on Conyerginis inierpietation of plans and specificabons unless noted otherw'ise Additional equipment, unless negoiiated pnor to order placemeng will be billed accordingly Sales taxes, (and m Canada GST/PST) and any other taxes assessed on Customer shall be added to the pnce upon mvoice to Customer SECTION 3. INVO(CE REMITTANCE AND P.AYMENT
If the Work is performed over more thiui a month Convetgint will invoice Customer each month for the Work performed du+mg ihe previous month C ustomer agrees to pay the amount due to Conyergint as inioiced, withm ffiiity (30) days of the date of such inioice If the Work it completed in less than one month, Customer agrees io pay Convetgmt m full after the Work has been perfonned itiiihm thirty (30) days of the date tif being invoiced invoices shall not include or be sublect to a pro3ect teiention percentage }f Customer is overdue in any pay ment to Conxe+ginl Coniier,uinl shall be entitled to suspend the Work until paid, and charge Customer an interest tme I and 1.'2'!"n percent per month, (or the mavmum rate pemiit!ed by law, whtchetet is less), and may avail itself of any other legal (]( equitable remedy Customer shall reimburse Convergint costs incurred m collecting any amounts ihai become overdue, including aiiomey Fees. couit costs and any other reasonable expenditure SECTION 4. WARFLANTY
Conveigmi provides the Followmg SOLE.'lND EXC LUSIVE warranty to the Customer For the penod of one ( I ) year, commencmg at the earlier of substantial completion of the Work, or first beneficial use, (=Wartanly Penod=)
a That Work performed under tins Agreement vtill be ofgood quality, b That all equipment will be new unleit otherwise required or permitied by this Agreement, c That the Work will be free from deFects not inherent m tlie qualiiy required OT permitted, and d That ihe Work will conform io the requirements ofthis Ageemeni The Cuslomeras sole remedy for any breach of this warranty is that Cometgint shall remove, replace wdJot repair ai iti own evpense any defective OT improper Work, discoiieted within the Wairanty Peno4 pioxided Cometgint it noiified in iimting of any defect wi+lim tlie Warranty Penod Any equipment or products mstalled by Convergint m the course of perf'orming ihe Wttk heteundet sliall only carry such warranty as it provided by the manufacturer thereof, which Convergent hereby assigns to Customer ivithout recourse to C onyerginl Upon requett of Customer, Coniiergint w'ill use commercially reasonable effons io assist Customer In enForcmg any iuch third-piuty wairanties Tiiis warranty excludes remedy for damage or defeci caused by abuse, modifications not executed by Conveigint, improper €( insufficient maimenance, improper opetahon, Of norm.J wear and tear under normal usage NO FL+RTHER WARRANT[ES OR GUARAi'mES, EXPRESS OR [i[PL[ED, ARE &[ADE WITH RF.SPECT TO ANY GOODS OR SERVIC ES PROV[DED UNDER TH[iS AGREE&[ENT, AND ANY lA[PLnED WARRAaNTIES OF )vlERCHANTABILffY OR FITNESS FOR A PARTICULAR PURPOSEARE EXPRESSLY DISCLAhl[ED SECTION 5. CHANGES
Without mvalidaiing this Agreement or any bond gisen heteunder, Cudomero+ Conxetgmi may request changes in the Work Any changes to the Agreement shall be in ivntmg signed by both Customer and Convergint If Customer orders any additional work or causes any malenal interference with Conxergint's perFomance of the Work, Convergmt shall be entitled to an equitable adjustment in ffie time for performance and m the Agreement Pnce, including a reasonable allowance For overhead and profit SECTION 6. FORCE &[AJEURE
Neithet Customer nor Conveigini shall be responsible OT liable FOT, tliall mcurexpense for, or be deemed to be m breach of this Ageement because of any delay in the perfomiance of iheir tespectixe obligations pursuant to this Agreement due solely to citc+nnitiuices beyond their reasonable control (=Fotce )rlaleutea') and without the Fault or negligence of the party expenencing such delay A Force Maleure eyenl shall include, but not be limiied to accident fire, stoim, water, flooding, negligence, iiandalism, power Failge, msiallaiion of mcompatible equipmen( improper operatmg procetlures, source current fluctuations at lighLtng [F performance by either pauty is delayed due io Force Majeure, the time for that performance shall be e'aended for a penod of time reasonably necessaiy to overcome the effect of the delay Any Services nequited by Conxet@nt due to reasons set Forffi m this Force MaletFe SeCtlOn Shall be ChllT,"ed tO CustomeT In additlOn tO an)' AMOUNTS due under thlS Agreement SECTION 7. INSLlR.ANCE
C On{ eTglni Shall hale ihe rOllOwlng lnsuIanCe Ctifetage dunng ihe term OF ihlS Agreement an d {hall prO% Ide certificates of insurance io the Customer prior to begmnmg work heteunder Wotket'tCompensation StatutoryLimits
Employer's Liability S1,000,000 per occuirence /aiigregate Commercial General Liability S1,000,000 per occunence/aggregaie S2,000,000 general aggregate
AutomobileLiability St,000,000petoccurrencejaggtegaie
Excess7UmbtellaLiabimv 510,0(10,000peiocciirrence/ag@egare All lnsuTanCe pOliCle{ Carried by C Onletglnt Shall be pnmaty tO and nOnCOntnbutOry lviih ihe InSu(anCe affOTded iO Cusrometand shall name the Cusiomerai =addnional miuted=. with respect to liabilit gismgoutoFwotkpetformed bv C onytgmi, as applicable, bui OnlV iO ihe event oFliabilitiesfalling iiiithin the lndemnl7 0bligations orC onvetgin3 puri+ianl to the temis of this Agreement Conve+gint shall provide to ffie Cusiomer no lest than Flinty i30) daysa notice pnor to the tennmaiion []t cancellation of any such insurance policy SECTION 8. [NDEMNIFICATION
Convetgmt shall indemnify and hold Customer harmless From and agiunsi dami, damages, loties and expenses, stibulable to bodily Inluiy. SICheSS, dllease at dea+ha OT tO demuction Of tangible propetiy, but Onl5 tO ihe edenl caused by a) the negligeni OI Wlllfill aCtt OT OmlStlOn{ Of Convetgmi Or convergituas employ eet Ol iubconttaciots while on C ustomerai site, Or b) the malfunction of the equipment supplied by Convetgin3 IT c) Convetgint's breach of this Agreement
[N NO EVENT SHALL EITHER CONVERGrNT OR CUSTO&[ER BE LIABLE TO THE OTf-[ER PARTY HERETO FOR SPECIAL, INDIRECT, [NCU)ENTAL OR CONSEQUEN'nAL D.AA[AGES, INCLUDIN0 CO)vlMERC[AL LOSS, LOSS OF USE OR LOST PROFITS. EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSS[B[LIT/ OF SUCH DAi%[AGES IN NO EVENT l'flLL CONVERGfNT BE LtABLE TO CUSTO),[ER FOR ANY A,%IO[JNTS [N EXCESS OF THE AMO{JNTS PAID BY CUSTO&[ER TO CONVERG[NT
It is understood and agreed by the pattleS hereto that Conyergmt is or may be p+oviding mirusion products which are designed to ptov ide nohtcation of ceriam evems bui ate not miended to be guaraniees OT insurers against any aClS FOT whlCh they are supposed tO mOnltOT ti( inFOrni Converginls indemnificaiion obligahon pursuant io Section 8 herein, does not apply to the e:dent the loss mdemmfied agamst is caused by any intrusion ptodud O( iofhvare pitmded by but not manufactured by Convetgint Conve+gint shall have no liability to Customer for any losses io ihe exteni such losses are caused by tlie intruston product or softivare Customer shall indemmfy, defend, and hold harmless Convergint, from and against all claims, lawsuits, damages, losses and eXpenSeS by pe(Sting net a party tO thlS Agreement, btit Only to the enent cauied ly SuCh intrusion p+oduci at sofmare provided by but not manufactured by Convergmt SECTION 9. COMPL[AiNCE IVITH LAg SAFETY, & HAZARDOUS A[ATERiALS This Agreement shall be goyemed and constnied m accordance with ihe laws of the staie/province in which the Work is being perFomed Conveigint agrees to comply ih'ith all laws and tegulaiions telating to Of goveming its provision of the Work Conbeigint shall comply with all safety telated laws and regulations and wiffi the safey program of tlie Customer, provided such program is iupplied io Convergint pnor to beginningwotk [n the event that Chnvergint discovers or suspects the presence of hazardous maienals, OT unsafe working conditions at Custometai Facility where tlie Work is to be per!'ormed, Convetgint is entitled to stop the Work at thai facility if SuCh haza+aouS maienals, at unsafe vvokng condmons WeTe nOi PrOVlded b7 or caused by C onvetgini C onverginl m its sole discretion shall deiemiine when it is asafe= to +etum to perform the Work at Custometl facility Convergmi shall have no responsibility for the discoyeiy, presence, handling temoving or disposal of or eyosu+e iif persons to hazardous matenals in any form at the Cusiometi facility Cuiiomet shall indemnify and hold hamilets Convetgmt from and againsi claims, damages, losses and e'tpenses. mcluding but not limited to, reasonable aftOmeylS FEES, a+lSing Out Of O( Tesulilng From undisclosed hazardous malenals, or unsafe Walking COndltlOnS at Cuttometl facility
Customer acknowledges thai applicable law O+ regulation may limit Custometas nghii and impose obligations with respect to mformation or data obiamed uiing softivare capable of obtaining what mad' In certain circumstances be charactenzed at biomet+ic information (individually and collectively, the =Software=) and agrees that Cusiomer is solely responsible to ensure its own compliance with such laws O( regulaiions Customer shall completely indemnify, defend (including pay attorneys' fees and disbursements), and hold hamiless COnVelglni, liS affiliates, and and employeei, AGENTS, COntraCtOtS or +epreSenialiVet Of BnJ Ofihe Foregoing ftO m and agamst any and all losses, liability, damages, penalties. expenses, claims, demands, actions, O( causes oF action, ludgments (finally awarded) or settlemems (mdividually and collectively, =Liabimies=) arismg From or related to an)i mtentional or negligent acts or omissions of Customer or any of its agenis, affiliaies. employees, or representatives atising from O( related to the Sofiware. any hardware. software, or other sernces associated with the SoFrware, or the use of any of tlie foregoing by or on behalf of Customer, including but not limited to ihO}e ari}lng From O( related tO CUStOmeT'i failure to comply wiih applicable LAWS at regulations related tO IIS use of the Soffware O( any hardware, sofhva+e, OT other sen ices associated with the Sofiware, includmg but not limited to the Customet"s failure to obtain any necessary consents From affecied mdividuals or provide any necessary disclosures OT protections with respect to tlie infomiation of such mdiyiduals under any applicable pmacy or data security law, but e<cluding matiets for wluch Conveigmt has agreed fo indemnify Customer From and against third party claims for copynght and trade secrei mfnngemeni under the tetnis of the End User License Agreement FOT the SofiWare between Conxe+ginl and Customer NOtwlihStandlng lhe foregoing, Customer and C Onvergini agee that LiabilitleS SUffered by a third pariy (Other than an affiliate tf'C OnVe+gint) which are an element of loss sublect to indemnification under this paragraph thall be deemed direct damages SECTION 10. DISPUTES
In ihe eveni OFany dispute behveen C otne+gmtand Customer. Convetgint and Cusiomer {hit fiTsi afflempt tO tesolve ule dispute tn the field, but if that iS nil SuCCeSSil, then in a meeting behVeen aulhonzed OffiCeTS Of eaCh COmpan} [fsettlemeniattemptsarenoisuccessful,thenthedispuieshallbedecidedexclusivelybyarbiiraiion Sucharbitration shall be conducted m accordance with the Construction Industry Atbitraiion Rules of ihe American Arbiiralion Astociahon CUffentl5 in effeCt and shall be a final binding teSOluiion Ofihe IStueS piesenied between the parties The prevailing paity shall be entnled to recoiet tts teasonableattomeysa fees and costs SECTION 11. MISCELLA+NEOUS
NeltheT patter tO !hlS A![T eement {hall assign thl{ A@eement lVlthOllt (he pnO(Wntien consent Of the Other palt7 heTeiO Convergint may assign this Agreement to any of its patents. subsidianes OT affiliaied companies or any entity malonty oivned by Convetguni
Notices shall be in riinimg and addreised to the other party. m accordance with the names and addresses oF the paities as shoiiiii above All notices shall be effective upon receipt by the party to whom ihe notice Wag Sent A WalVel(f' the te(mS heTeund6 b)j One p8 tO the Offier pane Shall n(It be effeCtlte unle}S In WnUn," alld slo,ned b5 a petton iiiiih authoruy to commit the Customer or Comaergint and delivered to the non-waiving paity according to the notice provision herein No waiser by Customer OT Conve+gini shall opttaie as a coniinuout lValVIJ, unless tlie wntien waivet specficily siaies ihai ii is a conimuous waixer of the terms siated in ihai waiver The Sections regarding invoicmg, warranty, and indemnity. and disputes shall survixe the tetmmajion of this Agreemeni
Convetgint Technologies Install Terms and Conditions 12 305
CITYMANAGER'S OFflCE
NOV 22 2023
'[dr A#L City of South Gate
CITY COUNCIL
Item No. 10
AGENDA IBTLL
For the Regular Meeting ofi November 28, 2023
Originating Department:
a-=ioDepartment Director: i< ,r4d City Manager:
Darren Arakawa Chris Jeffers
SUBJECT: PROPOSED USE OF THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) 2023-2024 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
GRANT FUNDS (STEP)
PURPOSE: To approve the use of the STEP funds in the amount of $130, 000 for overtime, equipment, and training expenses.
RECOMMENDED ACTIONS: The City Council will consider:
a. Authorizing utilization of the 2023-2024 Selective Traffic Enforcement Program ("STEP") Grant Funds in the amount of $130,000 for overtime, equipment, and training expenses; b. Amending the Fiscal Year 2023/24 Law Enforcement Grants Fund Budget by appropriating $123,132 for overtime salaries, $2,875 for equipment, and $3,993 for training expenses; and
c. Authorizing the Chief of Police to execute the STEP Grant Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact to the General Fund and no requirement for the City to match the grant funds. The total amount of funding that has been allocated to the City for FY 2023/24 is $130,000.
ANALYSIS: The South Gate Police Department submitted a grant application to the State of California Office of Traffic Safety ("OTS") for the STEP in early 2023. In November 2023, the OTS awarded the South Gate Police Department $130,000 for overtime, equipment, and training expenses.
BACKGROUND: The OTS strives to provide funding assistance to agencies with the greatest need. The grants are awarded on a competitive basis, and a comprehensive evaluation is part of the application review process. OTS evaluates applications using several criteria including, but not limited to, the potential traffic safety impact of proposed activities, local collision statistics, and OTS rankings, the seriousness of identified problems, performance on previous grants, proportionality of funding requested with identified traffic safety problems, and the value of the funding requested for the proposed activities.
306
In early 2023, the South Gate Police Department submitted a grant proposal to OTS seeking grant funding to impact traffic and record reporting related iSsues in the City. The goal of the STEP program will be to reduce the number of persons killed and injured in traffic collisions because of alcohol and other collision factors. Using best practices, the South Gate Police Department intends to impact these issues through DUI Checkpoints and saturation patrols, warrant service operations, surveillance operations, and educational awareness programs. The STEP program will also focus on speeders, distracted drivers, seat belt enforcement, operations at intersections where there are a disproportionate number of traffic collisions, and special operations that encourage motorcycle safety.
ATTACHMENT: STEP Agreement
307
State of California - Office of Traffic Safety
GRANT AGREEMENT
1. GRANTTITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY
South Gate
3. Grant Period
From: 10/01/2023
To: 09/30/20244. AGENCY UNIT TO ADMINISTER GRANT
South Gate Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. e. Federal Funds Allocated Under This Agreement Shall Not Exceed: $130,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
* Schedule A - Problem Statement, Goals and Objectives and Method of Procedure * Schedule B - Detailed Budget Estimate and Sub-Budget Estimate (if applicable) * Schedule B-1 - Budget Narrative and Sub-Budget Narrative (if applicable) * Exhibit A - Certifications and Assurances
* Exhibit B" - OTS Grant Program Manual
@ Exhibit C - Grant Electronic Management System (GEMS) Access 'Items shown with an asterisk ("), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. s. Approval Signatures
A. GRANTDIRECTOR B. AUTHORIZINGOFFICIAL
NAME: James Chavez AooRESS: Darren Arakawa
TITLEI Lieutenant ChiefofPolice
EMAILI [email protected] [email protected]
PHONEI (323)383-2792 (323)563-5408
ADDRESSI 8620 California Avenue 8620 California Avenue South Gate, CA 90280-3004 South Gate, CA 90280-3004
nrt':ragn'zq OrvrwAmkawh [lrni')')n')2
- l - _- , .. "" '- ""-"
-=-"-I "-=-==' = -"
(Signature) (Date) (Signature) (Date)
C. FISCALOFFICIAL D. AUTHORIZINGOFFICIALOFOFFICEOFTRAFFICSAFETY ADDRESSI WendyO'Kelly ADDRESS: BarbaraRooney
Deputy Director of Administrative Services Director
[email protected] [email protected]
(323)563-9522 (916)509-3030
8620 California Avenue 2208 Kausen Drive, Suite 300
South Gate, CA 90280-3004 Elk Grove, CA 95758
ttr.m..ri<,'- Oct26,2023 ;-y-i-% C%.!r Nov2,2023(( -
(Signature) (Date) (Signature) (Date)
10/24/2023 10:37:54 AM
GRANT NUMBER
PT241 98