South Gate City Council
July 23, 2024

SOUTH GATE CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, July 23, 2024 at
6:30 p.m.

SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
VIEW MEETING LIVE ONLINE AT:

HTTPS://YOUTUBE.COM/@SOUTHGATECA90280
City Officials
MAYOR,
Gil Hurtado

CITY CLERK,
Yodit Glaze

VICE MAYOR,
Maria Davila

CITY TREASURER,
Jose De La Paz

COUNCIL MEMBER,
Maria del Pilar Avalos

CITY MANAGER,
Rob Houston

COUNCIL MEMBER,
Joshua Barron

CITY ATTORNEY,
Raul F. Salinas

COUNCIL MEMBER,
Al Rios

If you would like to participate in this meeting, you can participate via the following options:

1. VIEW THE MEETING LIVE ONLINE AT: https://youtube.com/@SouthGateCA90280 Please allow up to 24 hours after the meeting for the archive to be available.

2. PARTICIPATE BEFORE THE MEETING by emailing the City Clerk at:
[email protected] no later than 4:00 p.m. on the day of the meeting. Please write "Public Comment" in the subject line.

3. ATTEND THE MEETING IN PERSON
*The disruption in service of any alternative method does not prelude the City Council or other legislative
body from taking further action and moving forward on the agenda.

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

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

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

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

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

Call to Order/Roll Call With Invocation & Pledge

CALL TO ORDER:

Gil Hurtado, Mayor
INVOCATION:

Steve Costley, Director of Parks and Recreation
PLEDGE OF ALLEGIANCE:

Jon Hamilton, Director of Human Resources
ROLL CALL:

Yodit Glaze, City Clerk
Meeting Compensation Disclosure

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

Proclamations, Certificates, Introductions And Ceremonial Actions Public Hearings

1. Resolution ordering the Levy and Collect Assessments for Fiscal Year 2024/25 for Parking and Business Improvement Area

Following the conclusion of the Public Hearing, the City Council will consider adopting a Resolution
ordering the levy and collection of assessments for Fiscal Year 2024/25 for the Parking and Business Improvement Area (known as the Tweedy Mile Business District) Business License, as permitted by the Parking and Business Improvement Area 2 Law of 1989 (California Streets And Highways Code Section 36500 et seq.). (CM) Documents:

Item 1 Report 7232024.pdf
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.

Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.

Reports And Comments From City Officials

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

Consent Calendar Items

Agenda Items
2, 3, 4, 5, 6, 7, 8, 9,
and
10 are Consent Calendar Items. All items including
Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action. Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.

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

2. 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
3 The City Council will consider making a finding and adopting a Resolution
declaring an
emergency still exists and authorizing repair, replacement or maintenance activities of public facilities related to the Urban Orchard, City Project No. 539- PRK, without public bidding, pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code. (PW)
Documents:

Item 2 Report 7232024.pdf

3. Resolution reclassifying a Housing & Grants Analyst and Administrative Services Coordinator positions
in the Community Development Department

The City Council will consider adopting a
Resolution
to: (HR)

1. Approving the reclassification of one, full-time Housing & Grants Analyst position and one, full-time Administrative Services Coordinator position in the Community Development Department to two, full-time Special Projects Coordinator positions; and

2. Directing staff to update the Consolidated Salary Schedule by adding the Special Projects Coordinator Title, Pay Grade, and Pay Range.

Documents:

Item 3 Report 7232024.pdf

4. Resolution updating the consolidated salary schedule for full-time, part-time and elected Officials

The City Council will consider adopting a
Resolution
approving and adopting an updated
consolidated pay schedule for all full-time, part-time, and elected officials within the CalPERS guidelines. (HR)
Documents:

Item 4 Report 7232024.pdf

5. Amendment 4 to Contract No. 2020-16-CC with KOA Corporation, Amendment 3 to Contract 2020-17-CC with Interwest Consulting Group and Amendment 5 to Contract 2020-15-CC with Willdan Engineering for As-Needed Professional Engineering Services

The City Council will consider: (PW)
a. Approving
Amendment No. 4 to Contract No. 2020-16-CC
with KOA Corporation for
As-Needed Engineering Services to extend the term on a month-to-month basis for up to three months;
b. Approving
Amendment No. 3 to Contract No. 2020-17-CC
with Interwest Consulting
Group, Inc. for As-Needed Engineering Services to extend the term on a month-to-month 4 basis for up to three months;
c. Approving
Amendment No. 5 to Contract No. 2020-15-CC
with Willdan Engineering
for As-Needed Engineering Services to extend the term on a month-to-month basis for up to three months; and
d. Authorizing the Mayor to execute the amendments in forms acceptable to the City Attorney.

Documents:

Item 5 Report 7232024.pdf

6. Amendment No. 6 to Contract 2021-70-CC with HF&H Consultants, LL., for Solid Waste Management Services

The City Council will consider: (PW)
a. Approving
Amendment No. 6 to Contract No. 2021-70-CC
with HF&H Consultants,
LLC., ("Agreement") to extend the contract term through December 31, 2024, as necessary to provide solid waste management services in an amount not-to-exceed $78,340;
b. Appropriating $78,340 from the Refuse Fund balance to fund Amendment No. 6 to the Agreement; and
c. Authorizing the Mayor to execute Amendment No. 6 in a form acceptable to the City Attorney.

Documents:

Item 6 Report 7232024.pdf

7. Extension to Contract 2021-92-CC with General Pump, Company, Inc., for Well Maintenance to extend the contract term one year

The City Council will consider: (PW)
a. Approving extension of
Contract No. 2021-92-CC
with General Pump Company, Inc.,
("Agreement") for one additional year to fund urgent and emergency repairs on the municipal groundwater production system, for a not-to-exceed amount of $100,000; and b. Authorizing the Assistant City Manager to issue a letter to General Pump Company, Inc., for one-year extension to the Agreement in a form acceptable to the City Attorney.

Documents:

Item 7 Report 7232024.pdf

8. Amendment No. 1 to Contract 2023-35-CC with Fountainhead Consulting, Corp., for additional Construction Management and Inspection Services for the Tweedy 5 Boulevard Signal Synchronization Project

The City Council will consider: (PW)

a. Approving
Amendment No. 1 to Contract No. 2023-35-CC
with Fountainhead
Consulting Corporation ("Agreement") to fund additional services that were needed to complete construction of the Tweedy Boulevard Signal Synchronization Project, City Project No. 514-TRF, and to retroactively extend the contract term from March 28, 2024, to December 31, 2024, for an amount not to exceed $40,000; and b. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.

Documents:

Item 8 Report 7232024.pdf

9. License Agreement for operation of a Farmer's Market at South Gate Park

The City Council will consider: (PARKS)
a. Approving the
License Agreement
with Harbor Area Farmer's Market, Inc.,
("Operator") for the use of a portions of South Gate Park for the operation of a Certified Farmer's Market;
b. Authorizing the Mayor to execute the Lease Agreement in a form approved by the City Attorney; and
c. Authorizing the Director of Parks & Recreation to sign any further documents required to implement the operation of a Farmer's Market.

Documents:

Item 9 Report 7232024.pdf

10. Minutes

The City Council will consider: (CLERKS)
a. Approving the Special and Regular Meeting minutes of June 11, 2024; and b. Approving the Special and Regular Meeting minutes of June 25, 2024.

Documents:

Item 10 Report 7232024.pdf
Reports, Recommendations And Requests

11. Warrant register for July 23, 2024
6 The City Council will consider approving the Warrant Register for July 23, 2024. (ADMIN SVCS)

Total of Checks: $ 2,301,612.88 Less: Voids $ (2,010.97)
Less: Employee Payroll Deductions $
(312,792.09)
Grand Total: $ 1,986,809.82

Cancellations: 100148, 101840, 101908, and Various Stale Dated Checks as Listed in the Staff Report.

Documents:

Item 11 Report 7232024.pdf
Adjournment

I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on July 18, 2024, at 9:30 a.m., as required by law.

Yodit Glaze
City Clerk

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

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

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

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

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

Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time 7 limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.

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

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

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

SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
8 Office of the
South Gate City Clerk Item No. 1
JFILEULl72Dllv,<,02',t\ CityCoIfTYSCoOutChILGate
AG-ENIDA IBI[LL
For the Regular Meeting of July 23, 2024
Originating Department: City Manager's Office
Marketing and CE Manage31sellFernandez ob Houston
SUBJECT: A PUBLIC HEARING TO CONSIDER A PROPOSAL TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2024/25 FOR THE PARKING AND

BUSINESS IMPROVEMENT AREA (KNOWN AS THE TWEEDY MILE BUSINESS

DISTRICT) BUSINESS LICENSE
PURPOSE: Annually, the City of South Gate is required by the Parking and Business Improvement Area Law of 1989 (California Streets And Highways Code Section 36500 et seq.) to undertake certain proceedings to levy and collect assessments within the Parking and Business Improvement Area ("Area"). On June 25, 2024, the City Council initiated the proceedings and adopted a resolution to declare the City's intention to levy and collect said assessments. The last step in the proceedings is to conduct the Public Hearing and adopt a resolution to levy and collect assessments for Fiscal Year 2024/25 for the Parking and Business Improvement Area Business License.

RECOMMENDED ACTION: Following the conclusion of the Public Hearing, the City Council will consider adopting a resolution ordering the levy and collection of assessments for Fiscal Year 2024/25 for the Parking and Business Improvement Area (known as the Tweedy Mile Business District) Business License, as permitted by the Parking and Business Improvement Area Law of 1989 (California Streets And Highways Code Section 36500 et seq.).

NOTICING PROCEDURE: A Public Hearing Notice was duly published in the Los Angeles Wave, a local newspaper of general circulation, on July 4, 2024. A copy of the notice is attached as Exhibit FISCAL IMPACT: There is no expected impact to the City's General Fund. Revenue collected by the City is earmarked for use within the Area. The assessment for a single business can range from $14 to $400 annually, an amount which has not changed since January 1971. The Parking and Business Improvement Area Business License funding available for Fiscal Year 2024/25 is estimated to be $17,144.

BACKGROUND: OnNovember2,1970,theCityCounciladoptedOrdinanceNo.1129addingChapter

2.64 (Parking and Business Improvement Area Business License), to Title 2 (Licenses - Business Regulations), of the South Gate Municipal Code establishing a parking and business improvement area (previously defined as "Area"), pursuant to the Parking and Business Improvement Act Law of 1965, Part 5 of Division 18 of the California Streets and Highway Code Section 36000 through 36081. The 1 9
City levies an additional business license tax on businesses located within the designated Area. Section

2.64.040 (Uses and Purpose), states that the funds collected by the City can only be used for the following putposes:

C.
for decoration of any public place in the area;
for promotion ofpublic events which are to take place on or in public places in the area; and for the general promotion of retail trade activities in the area.

The City's Municipal Code also requires that the Tweedy Mile Advisory Board ("Board") submit an Annual Report to tlie City Council each year. The Annual Report shall specify the expenses, services, activities, and programs to be funded by the assessment for the upcoming fiscal year, in accordance with the requirements of Sections 36530 and 36533 of the California Streets and Highways Code. Said Code also requires tlie City Council to approve the Annual Report, and after, it shall adopt a resolution declaring the City's intention to levy an aru'iual assessment for the fiscal year and schedule a Public Hearing to allow public testimony regarding the proposed assessment.

The Board approved the attached Annual Report (Attachment B). In addition to the Annual Report, the City Council adopted a resolution declaring the City's intention to levy and collect assessments for Fiscal Year 2024/25 and scheduled a Public Hearing for July 23, 2024. All affected businesses were notified by mail of the Public Hearing (Attachment D). A FAQ (Frequently Asked Questions) document in English and Spanish was also mailed out.

No tax increase or changes to the assessment methodology are proposed for assessments to be collected in Fiscal Year 2024/25. The assessment amount has not changed since the Area was created.

The proposed budget for Fiscal Year 2024/25 is included in tlie Annual Report (Attachment B).

ANALYSIS: On June 25, 2024, the City Council initiated the proceedings and adopted a Resolution to declare the City's intention to levy and collect said assessments. The last step in the proceedings is to conduct the Public Hearing and adopt a Resolution to levy and collect assessments for Fiscal Year 2024/25 for the Parking and Business Improvement Area Business License.

The July 23, 2024, Public Hearing is the last step, providing a final opportunity to receive public testimony regarding the proposed assessments. At the conclusion of the Public Hearing, the City Council shall tabulate any written or verbal protests on the proposed assessments.

If the assessments of businesses submitting a protest to the proposed Fiscal Year 2024/25 assessments are 50% or greater of the total proposed assessments, assessments shall not be collected in the upcoming year. In absence of a majority receipt of protests, Council may adopt a Resolution approving the levy and collection of assessments in Fiscal Year 2024/25.

The schedule for the assessment proceedings has been/is as follows:

Dates Action
June 3, 2024 Board reviews and approves the Aru'iual Report.

June 25, 2024 City Council adopts Resolution of Intent to Levy Assessments for Fiscal Year 2024/25.

June 27, 2024 Letter and Resolution of Intent (indicating Public ' Hearing information and how to submit protests
2 10
verbally or in writing) will be mailed to all affected businesses.

July 23, 2024 City Council conducts Public Hearing to receive public testimony on the proposed assessment levy.

ATTACHMENTS: A. Proposed Resolution
B. Tweedy Mile Advisory Board's Annual Report
C. Notice of Public Heatiiig
D. Copy of Letter Mailed to all Affected Businesses 11 ATT ACHMENT A
RF,SOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

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

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2024-2025 FOR THE PARKING AND

BUSINESS IMPROVEMENT AREA (KNOWN AS THE TWEEDY MILE

BUSINESS DISTRICT) BUSINESS LICENSE, AS PERMITTED BY THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 (CALIFORNIA STREETS AND HIGHWAY CODE SECTION 36500 ET SEQ.) WHEREAS, pursuant to the Parking and Business Improvement Act Law ofl965, Part 5 of Division 18 of the California Streets and Highway Code Section 36000 through 36081, on November 2, 1970, the City Council ("City Council") of the City of South Gate ("City") adopted Ordinance No. 1129 adding Chapter 2.64 (Parking and Business Improvement Area Business License), to Title 2 (Licenses - Business Regulations), of the South Gate Municipal Code establishing a Parking and Business Improvement Area ("Area"), specifying the initial or additional rate or levy of the license tax to be imposed on businesses, and specifying the uses to which the revenue shall be expended;
WHEREAS, the Parking and Business Improvement Area Business License levies an additional business license tax on businesses located within the designated Area; WHEREAS, pursuant to Section 36530 of the California Streets and Highways Code, on September 27, 2011, the City Council adopted Ordinance No. 2286 adding Sections 2.64.100 through 2.64.140 establishing the Tweedy Mile Advisory Board ("TMAB") to make recommendations to the City Council on the expenditure of revenues derived from the levy assessments on proposed improvements and activities and on the method and basis of levying assessments;
WHEREAS, on September 11, 2018, and September 25, 2018, the City Council made appointments to the TMAB, which held its first meeting on February 4, 2019, and have met from time to time since;
WHEREAS, the TMAB prepares an annual report specifying the expenses, services, activities, and programs to be funded by the assessment, in accordance with the requirements of Sections 36530 and 36533 of the California Streets and Highways Code, and upon TMAB's approval of the annual report, presents it to the City Council for the conduct of a public hearing on the assessments for the fiscal year referred to in the annual report; WHEREAS, the Area is known as the Tweedy Mile Business District which boundaries include Tweedy Boulevard betweenthe beginning ofthe northeasterly line ofLong BeachBoulevard and easterly along said prolongation and southerly line to the intersection with the westerly line of Hunt Avenue;
12 WHEREAS, the City Council and the TMAB have determined that the Area benefits the businesses located and operating witin the Area by generating revenue for businesses to improve the physical and financial health, social and cultural center of the City, and thereby enhances the City's community at large;
WHEREAS, the TMAB has conducted outreach to member businesses to formulate the Annual Report for Fiscal Year 2024/25, including the work plan, budget and fee assessment schedule that would be fair, reasonable and in compliance with the California Streets and Highway Code Section 36500 et. seq.;
WHEREAS, at its Regular Meeting ofJune 3, 2024, the TMAB approvedthe Annual Report for Fiscal Year 2024/25, specifying the expenses, services, activities, and programs to be funded by the assessments for Fiscal Year 2024/25;
WHEREAS, the continuation of the Area and the related levy of assessments will promote the economic revitalization ofthe downtown area ofthe City, createjobs, and attractnew businesses; in addition, the Area enhances and promotes the City, culturally and commercially; WHEREAS, following adoption, mailing, and publication of a Resolution of Intentto Levy and Collect the Assessments, the City Council held a public meeting on July 23, 2024, to allow public testimony regarding the Fiscal Year 2024/25 assessments of businesses within the Area; WHEREAS, the City Council held a public hearing on July 23, 2024, and heard and considered all protests against the establishment of the assessment; and WHEREAS, the writtenprotests received from the owners of businesses inthe Areatotaled less than 50 percent of the assessments.

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

SECTIONI. TheCityCouncildoesherebydeclarethattheaboverecitalsaretrueandcorrectand are incorporated herein by reference.

SECTION 2. The City Council does hereby declare that the Area has not changed. The territorial boundaries inthe Area are identified inthe AreaMap attached hereto as Exhibit "A" andmade apart hereof.

SECTION 3. Pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.), the City Council does hereby declare its intention to continue the levy and collect assessments within the Area for the purpose of promoting activities which will benefit the businesses located and operating within the Area for Fiscal Year 2024/25.

SECTION 4. The City Council does hereby declare that the type or types of improvements and activities proposedto be funded by the levy of assessments on businesses inthe Area are in linewith the "Improvements" and "Activities" permitted under Sections 36510 & 36513 of Streets and

13 Highway Code, specifically: (a) "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to parking facilities, benches, trashreceptacles, street lighting, decorations, parks, and fountains; and (b) "Activities" means, but is not limited to, promotion ofpublic events which benefit businesses in the area and which take place on or in public places within the area, furnishing of music in any public place in the area, promotion of tourism within the area and activities which benefit businesses located and operating inthe area. Except where :tunds are otherwise available, an assessment will be levied annually to pay for all improvements and activities within the Area.

SECTION 5. The TMAB's Annual Report for Fiscal Year 2024/25 is on file in the City Clerk's Office and contains a description ofthe improvements and activities to be provided, the boundaries of the Area, and the proposed assessments to be levied upon the businesses within the Area for the Fiscal Year 2024/25.

SECTION 6. The City Council conducted a public hearing on July 23, 2024, at 6:30 p.m., at the City Hall Council Chambers to consider said assessments to be levied. During the public hearing, the City Council allowed public testimony regarding the proposed assessments of businesses withinthe Area for the proposed work plan for Fiscal Year 2024/25.

SECTION 7. At this public hearing, the City Council heard and considered all protests against the establishment of the assessment or the furnishing of specified types of improvements or activities within the Area. The protests against the assessments were made orally or in writing by any interested person. All written protests were filed with the City Clerk.

A written protest may be withdrawn from the record at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business, and its address. If the person signing the protest is not shown on the official records of the City as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or sufficiency of the proceeding shall be in writing and clearly state the irregularity or defect to which objection is made. [Remainder of page left blank intentionally.]

14 SECTION 8. The City Council does hereby order the levy and collection of the assessment for Fiscal Year 2024/25 The method and basis oflevying the annual assessment for each business inthe Area for the Fiscal Year 2024/25 is set forth in Exhibit "B" attached hereto and made a part hereof.

SECTION 9. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 23rd day of July 2024.

CITY OF SOUTH GATE:

B7:

Gil Hurtado, Mayor
ATTEST:

By:

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

By:
b6',CFrAttom';fy

15 Exhibit A
Clly of
South
(,ate
AaA ha
Below is a map delineating the boundaries of the Parking and Business Improvement Area and the list of addresses located within the Area. ff
ffl
AVE.
lLJLj
Addresses located in the Business Improvement Area:

California Aye. 9700 - 10100
Long Beach Blvd. 9700 - 9900
Otis St. 9700 - 10100
Son Gabriel Ave. 9900 -10100
Son Juon Ave. 9900 - 10100
State St. 9700 - 9900
Tweedy Blvd. 3150 - 4499
16 Exhibit B

CITY OF SOUTH GATE

PARKING AND BUSINESS IMPROVEMENT AREA BUSINESS LICENSE FEES FISCAl YEAR 2023/24
Street Name Address Range
Tweedy Blvd. 3150 - 4499
California Ave. 9700 - 10200
Long Beach Blvd. 9700 - 9900
Otis St. 9700 - 10100
San Gabriel Ave. ggoo - 10200
San Juan Ave. ggoo - 10100
State St. 9700 - 9900
Businesses located in the Parking and Business Improvement Area are subject to the provisions of Chapter 2.64 of the South Gate Municipal Code, "Parking and Business Improvement Area" which established a Business Improvement Area Fee based on the businesses' annual gross receipts.

The Business Improvement Area Fees are collected by the City and are deposited into the "Parking and Business Improvement Account" and can be used for the following purposes only:

1. Decoration of any public place in the area.

2. Promotion of public events which are to take place on or in public places in the area.

3. The general promotion of retail trade activities in the area.

The Business Improvement Area Fee is an additional fee to the regular City license tax shown on the enclosed renewal, The business owner shall calculate the Business Improvement Area Fee according to the schedule below and add it to total tax calculated on the Business License Renewal Form.

Schedul,e of Business Improvement Area Fees
Annual Gross Receipts Total:

If less than SI0,000
If SI0,000 or more, but less than 525,000
If S25,000 or more, but less than S50,000
If S50,000 or more, but less than S75,000
If S75,000 or more, but less than SIO0,000
If SIO0,000 or more, but less than S200,000
If S200,000 or more, but less than S300,000
If S300,000 or more, but less than !>400,000
If S400,000 or more, but less than 5500,000
If S500,000 or more, but less than 9600,000
If 5600,000 or more, but less than 5700,000
If !>700,000 or more, but less than 5800,000
If S800,000 or more, but less than S900,000
If S900,000 or more, but less than Sl,000,000
If Sl,000,000 or more, but less than Sl,100,000
If Sl,100,000 or more, but less than !>1,200,000
If Sl,200,000 or more, but less than 51,300,000
If Sl,300,000 or more, but less than Sl,400,000
If 51,400,000 or more, but less than Sl,500,000
If such gross receipts exceed the sum of 91,500,000, the Fee shall be the sum of S236.00 as specified above, plus the sum of 25 cents for each 51,000 or major fraction thereof in excess of said Sl,500,000.

The Fee Shall Be:

S15
S20
S25
S36
S48
960
S72
S84
S96
SIIO
S124
!>138
5152
9166
5180
!>194
9208
S222
S236
Total Not to Exceed 5400
17 ATT ACHMENT B

PARKING AND BUSINESS IMPROVEMENT AREA
ANNUAL REPORT FOR FISCAL YEAR 2024/25
This annual report includes the proposed assessment levy and program budget for the fiscal year 2024/25.

Tweedy Mile Advisory Board
Per the Parking and Business Improvement Area Law of 1989 and the South Gate Municipal Code, Chapter 2.64, the City Council shall appoint a Tweedy Mile Advisory Board in order to make recommendations to the City Council on the expenditure of revenues derived from the levy assessments on proposed improvements and activities and on the method and basis of levying assessments.

Purpose of Annual Report
The Tweedy Mile Advisory Board shall prepare an annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The report may propose changes, including but not limited to, the boundaries of the parking and business improvement area and the basis and method of levying the assessments.

Boundaries and Assessments
There are no proposed changes to the Parking and Business Improvement Area ("Area") boundaries or the assessment methodology. The Area boundary map and assessment methodology are included as Exhibits A and B.

Method and Basis of Levying the Assessment
All businesses within the Area are subject to the assessment. The levy of the business license tax imposed upon the businesses within said Area, is hereby fixed, levied, determined, and established per the City's assessment methodology included with this report as Exhibit B.

Payment of Tax
The additional rate or levy of the license tax levied is due and payable at the same time and in the same manner that the business license tax is imposed by the South Gate Municipal Code Chapter 2.08 (Business License Tax).

Budget
A line-item budget for FY 2024/25 is included with this report as Exhibit C. The Board has allocated $10,000 for the annual installation, removal, and storage of the Christmas decorations on Tweedy Blvd. A portion of the $7,144.75 will likely be used to maintain the Tweedy Mile BID website that was created last year during the marketing services scope of work. Staff will also explore adding bows to the Christmas garlands per the Boards request. The Board will approve specific funding requests next fiscal year during their monthly scheduled meetings. )O
l
18 ATT ACHMENT B
Exhibit A- Parking and Business Improvement Area Map Exhibit B - Parking and Business Improvement Area Business License Fees Exhibit C - Parking and Business Improvement Area Budget for FY 2024/25 ll2
19 Exhibit A
S6ffth
6ate
040
AaA A@
Below is o mop delineating the boundaries of the Parking and Business Improvement Area and the list of addresses locoted within the Area.

AVE.

TWEE@
TAIR
At/E.

SCHOOL
1[]400
DRIVE
AVE
LJLjLJIJLJLJLJLJLJ LjLJLJ LJLJLJ
g500
MAR LUTHEli viG
Addresses located in the Business Improvement Area:

California Aye. 9700 - 10100
Long Beach Blvd.

Otis St.
9700 - 9900
9700 - 10100
Son Gabriel Ave. 9900 -10100
Son Juan Ave. 9900 - 10100
State St. 9700 - 9900
Tweedy Blvd. 5150 - 4499
12 20
Exhibit B

CITY OF SOUTH GATE

PARKING AND BUSINESS IMPROVEMENT AREA BUSINESS LICENSE FEES FISCAL YEAR 2023/24
Street Name Address Range
Tweedy Blvd. 3150 - 4499
California Ave. 9700 - 10100
Long Beach Blvd. 9700 - 9900
Otis St. 9700 - 10100
San Gabriel Ave. ggoo - ioioo
San Juan Ave. 9900 - 10100
State St. 9700 - 9900
Businesses located in the Parking and Business Improvement Area are subject to the provisions of Chapter 2.64 of the South Gate Municipal Code, "Parking and Business Improvement Area" which established a Business Improvement Area Fee based on the businesses' annual gross receipts.

The Business Improvement Area Fees are collected by the City and are deposited into the "Parking and Business Improvement Account" and can be used for the following purposes only:

1. Decoration of any public place in the area.

2. Promotion of public events which are to take peace on or in public places in the area.

3. The general promotion of retail trade activities in the area.

The Business Improvement Area Fee is an additional fee to the regular City license tax shown on the enclosed renewal. The business owner shall calculate the Business Improvement Area Fee according to the schedule below and add it to total tax calculated on the Business License Renewal Form.

Schedule of'Business Improvement Area Fees
Annual Gross Receipts Total:

If less than SI0,000
If 510,000 or more, but less than S25,000
If !,i25,000 or more, but less than 550,000
If S50,000 or more, but less than S75,000
If S75,000 or more, but less than SIO0,000
If 9100,000 or more, but less than 9200,000
If S200,000 or more, but less than !5i300,000
If S300,000 or more, but less than S400,000
If S400,000 or more, but less than S500,000
lf S500,000 or more, but less than !>600,000
If S600,000 or more, but less than S700,000
If 5700,000 or more, but less than 5800,000
If S800,000 or more, but less than !>900,000
If S900,000 or more, but less than Sl,000,000
If 91,000,000 or more, but less than 51,100,000
If !>1,100,000 or more, but less than Sl,200,000
If Sl,200,000 or more, but less than 51,300,000
If Sl,300,000 or more, but less than Sl,400,000
If !>1,400,000 or more, but less than !>1,500,000
If such gross receipts exceed the sum of 51,500,000, the Fee shall be the sum of 5236.00 as specified above, plus the sum of 25 cents for each Sl,000 or major fraction thereof in excess of said Sl,500,000.

The Fee Shall Be:
!>15
S20
S25
!>36
948
960
S72
S84
S96
!>110
9124
9138
5152
§166
9180
5194
9208
S222
S236
Total Not to Exceed S400
/3 21
Parking and Business Improvement Area Budget
FY 2024/25
Exhibit C
-BID Fund Balance Summary - July 1, 2024 - (S4,855.25) FY 2023/24 Estimated Assessment Revenue 5zz,ooo.oo
Total Estimated BID Funds Available for Use in FY 2024/25 517,144.75 Proposed Budget 1tems Amounts
Decoration of Any Public Place in the Area 910,000.00 Promotion of Public Events which are to take place in the Area 90.00 General Promotion of Retail Trade Activities in the Area 97,144.75 Estimated Ending BID Fund Balance - June 30, 2025 SO.OO 1 22

ATT ACHMENT C

SOUTH GATE PRESS
1007 N. SEPULVEDA BLVD. SUITE 1357, MANHATT AN, CA 90266 Telephone (323) 556-5720 /Fax (213) 834-0584
Thls space IOT flllng slamp only
Suulh Gals Ciky i'letk
JuL 08 202Jt
FfLED
Yodit Glaze, City Clrek

CITY OF SOUTH GATE /CITY CLERK
8650 CALIFORNIA AVE
SOUTH GATE, CA - 90280

PROOF OF PUBLICATION
(2015.5 C c.p.)
State of Callrornla
County of LOS ANGELES
NOfiCe TVPe: HRG - NOTICE OF HEARING
Ad Descrlptlon:

Levy and Assessment -Tweedy Mile Business Distrid I am a citizen of the Llnited States and a resident of the State of Callfornia I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SOUTH GATE PRESS, a newspaper published in the English language in the dty of SOUTH GATE, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by ths Superior Court of the County of LOS ANGELES, State of Calffornls, under date 04/1 9/1929, Case No. 273415. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to-wit:
07/04/2024
MA#: 3828244
CtTY OF SOUTH GATE

NOTICE OF PUBLIC HEARING
NOTI(:E ffl HEREBY QIVENlFal lHe Clly Coundl
of South Gale. CallTomia mll conduct a publlc
Parking and Bualness Impmvemenl Area. also
report and recommendation, as pemiltled undsi
lhe Csllfom'a Sln.els and Hlghways Code, the
:ibt C:ountiil adopted a Reaalution on June 25,
2024. declanl the Cltyas inlenjons lo levy and
ollecl the gssassmsnls. knawi ag a business
11cense Tee, {or the Fiscal Year 202425. as
recommended by the Tweedy Mile Advlsory
Board.

NOTICE IS HEREBY GIVEN that lhs (:lty Coundl
shall condud a public heanng In connecliOIf mlh
Ihe proposed assessment:

DATE: TLIESDAY. JULY 23. 2024
TNEi 6:30 P.M
LOCATION: In-Person at City Hall-8850
CallTomla Aye. South Gate CA 9(1280
The Publlti Hsadng has bsen schgdulsd TOT the
Clty Councll lo hear oral and wdtteii testimony
fom inieresled parues. At the end of the Public
Ihe assessments pioposea have been receivm. IT
suffiaenl protests ate received. the asseesmenls
shall not be approved.

Each willlen prolesl shall contain the business
address and nsme of person. Written proiesls
against the proposed assessment ahall be mailed
OT delivered to the aty Clerk% O&a, W!+O
Call!omla Avgnue. South Gale. Cglllomla. 90280
or at [email protected]. no later tmn 5i(10
p.m.. iin July 23, 2024.

Should you have any queaflaiis. please contact
Glselle Hemantlez. Maikellng and Commumty
Engagemsm Msnagtir by phone !It (323) 5fl3-
9E5s0p2AMOt small aj [email protected].

Pare lnTormad6n an Espaflnl acsica do agla
lunla. pot favor da comunlcarse al (323) 683-
9602.

YHIS N.Offl(,E IS GIVEN by the omer oT the City
714124
WWA-3828244#
gOL+TH Ci ATE PRE8
Executed On: 07/05/2024
At Los Angeles, Callfornia
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature
IIIlllllIllIIIIII1llIllIllllllIIIIlllIllllIlllIIllIIIlllIIIllllIIIIlllIlll AOOOOO6810471
Emall
23 Soitt(l'i'Gi"aW'C ;l.'i:'l ;i(i 10
JUN 2 6 7074(

CITY OF SOUTH GATE

NOTICE OF PUBLIC HEARING FILED
NOTICE IS HEREBY GIVEN that the City Council of South Gate, California will conduct a public hearing for the purpose of continuing the levy and assessment of business owners within the Parking and Business Improvement Area, also known as the Tweedy Mile Business District, forthe Fiscal Year 2024/25. In response to this report and recommendation, as permitted under the California Streets and Highways Code, the City Council adopted a Resolution on June 25, 2024, declaring the City's intentions to levy and collectthe assessments, known as a business license fee, for the Fiscal Year 2024/25. as recommended by the Tweedy Mile Advisory Board.

NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing in connection with the proposed assessment:

DATE:

TIME:

LOCATION:

TUESDAY, JULY 23, 2024
6:30 P.M.

In-Person at City Hall-8650 California Ave. South Gate CA 90280 The Public Hearing has been scheduledforthe City Council to hearoral and writtentestimony from interested parties. At the end of the Public Hearing, the City Council shall determine whether sufficient protests equaling 50 percent or more of the assessments proposed have been received. If sufficient protests are received, the assessments shall not be approved.

Each written protest shall contain the business address and name ofperson. Writtenprotests against the proposed assessment shall be mailed or delivered to the City Clerk's Office, 8650 California Avenue, South Gate, California, 90280 or at yglaze(,sogate.org, no later than 5:00 p.m., on July 23, 2024.

Should you have any questions, please contact Giselle Hernandez, Mgketing and Community Engagement Manager by phone at (323) 563-9502 or by email at gmhernandez@,sogate.org.

ESPANOL
Para informaci6n en Espafiol acerca de esta junta, por favor de comunicarse al (323) 563-9502.

THIS NOTICE IS GIVEN by the order ofthe City Clerk of said City and is datedthis July 4, 2024.

Glaze, City Clerk
Publication date: July 4, 2024
24 ATT ACHMENT D
6 (ltd af
South
(,ate
June 26, 2024
Office of the City Manager
8650 California Avenue, South Gate, CA 90280
P: (323) 563-9501 F: (323) 569-2678
www.cityofsouthgate.org
RE: City's Intention to Levy and Collect Assessments for Fiscal Year 2024-2025 for the Tweedy Business Improvement Area, also known as the Tweedy Mile
Dear Bcisiness Owner:

Notice is hereby givei'i tliat the City of Soutlt Gate will coi'iduct a public l'iearing for tlie purpose of continuing tlie levy of business owners, kt'iown as a business license fee, within the Parking and Business Improvement Area, also known as tlie Tweedy Mile, for the Fisca] Year 2024/25. In response to tliis recoinmendation, as perinitted under the California Streets and Highways Code Section 36500, the City Council adopted a Resolution on June 25, 2024, declaring tlie City's intentions to levy and collect tl'ie assessn'ients/business license fee.

Enclosed witli ti'iis letter is a copy of the proposed Aiu'iual Report.

NOTICE IS HEREBY GIVEN tliat tlie City Council shall conduct a priblic hearing in connection with the proposed Annual Repoit:

DATE:

TIME:

LOCATION:

Tuesday, JLII:Y 23, 2024
6:30 P.M.

City Hail Council Chambers
8650 California Ave, South Gate, CA 90280
The Public Hearing has been scheduled for tlie City Council to liear oral and written testimony froin tlie business owners on Tweedy Mile. Eacli written protest shall contain tlie business address and name of business owner. Written protests against the proposed assessment shall be mailed or delivered to the City Clerk's Office, 8650 California Avenue, South Gate, Califoniia, 90280 or emailed to vglaze(,sogate.org, no later than 5:00 p.m., on July 23, 2024.

Should you have any questions, please contact Giselle Hernandez, Marketing ai'id Community Engagement Manager by plione at (323) 563-9502 or by email at [email protected].

Sincerely,
Giselle M. Heri'iandez,
Marketing and Cominunity Engagement Manager
Enclosure: Proposed Annual Report
25 6
Cleyiir
South
(,ate
Office of the City Manager
8650 California Avenue, South Gate, CA 90280
P: (323) 563-9501 F: (323) 569-2678
www.cityofsouthgate.org
26 de junio 2024
RE: Intenci6n de la Ciudad de continuur evaluaciones para el afio fiscal 2024-2025 para el Area de mejora comercial Tweedy, tambi6n conocida conio Tweedy Mile Estin'iado/a duefflo/a de Negocio:

Por la presente se notifica que la Ciudad de South Gate l)evarA a cabo una audiencia pi:iblica con el prop6sito de continuar la tarifa de licencia coinercial a los duefios de riegocios dentro del Area de Mejorainiento Comercial, tambi6n conocida como Tweedy Mile, para el Afio fiscal 2024/25. En respuesta a esta recomendaci6n, segan lo permitido por la Secci6n 36500 del C6digo de Calles y Carreteras de California, el Concejo Municipal adopt6 una Resoluci6n el 25 de junio de 2024, declarattdo las intenciones de la Ciudad de continuar las tarifas de licencia comercial, para el Afio fiscal 2024/25, segtin lo recoinendado por la Junta Asesora de Tweedy Mile.

Adjunto a esta carta se encuentra una copia del Inforine Anual propuesto.

POR LA PRESENTE SE DA AVISO de que el Concejo Mcinicilial llevatA a cabo una audiencia p€ib)ica en relaci6n con el inforine anual propuesto:

FECHA: Martes 23 de julio de 2024
HORA: 6:30 P.M.

UBICACION: CAinaras del Concejo Municipal
8650 California Ave, Soutli Gate, CA 90280
La Audiencia Publica ha sido programada para que el Concejo Mui'iicipal escuche el testimonio oral y escrito de los dueiios de negocio. Cada protesta escrita debera contener la direcci6n coinercial y el nombre del duefio de negocio. Las protestas por escrito contra la evaluaci6n propuesta se enviarAn por correo o se entregarAn a la oficina de la secretaria municipal, 8650 California Avenue, South Gate, California, 90280 o [email protected]. a mAs tardar a las 5:00 p.m., el 23 de julio de 2024.

Si tietqe alguna pregunta, comun!quese con Gise')le Hernandez, Gerente de participaci6n civica por tel6fono al (323) 563- 9502 o por correo electr6nico a [email protected] Atentamente,
Giselle M. Hernandez
Adjunto: Informe anual propuesto
26 FREQUENTLY ASKED QUESTIONS
WHAT IS A BID?
BID is an acronym for "Business Improvement District" and it is an additional tax fee on property within a defined geographic boundaryin which the revenues raised from this additional tax fee are spent only within the same area.

W H E N I S T H E A D DITIO N A L T A X F E E D U E ?
The additional tax fee is due and payable at the same time as the business license renewal.

IS THIS A NEW TAX?
No, the City Council adopted the BID on November 2, 1970. This additional tax fee has been renewed every year since and the fee amounts have remained the same.

W H 0 M A N AGES THE BlD ?
The BID is managed by the Tweedy Mile Advisory Board. The Board is appointed by the City Council and serves in an advisory capacity by submitting request for their approval on expenditures of revenues collected from the levy of the additional tax fees.

H O W A RE THE AD DITIO N AL TAX FEES CALCU LATED ?
The additional tax fees are determined by the annual gross receipts and range between S15-S400. See enclosed fee schedule.

HOW ARE THE ADDITIONAL TAX FEES COLLECTED USED?
The additional tax fees collected can be used for the following purposes only:

1. ) Decoration of any public place in the area.

2.) Promotion of public events which are to take place in public places in the area.

3.) The general promotion of retail trade activities in the area.

WHEN DOES THE BOARD MEET?
The Tweedy Mile Advisory Board meets monthly on the first Monday of the month at 6:00 p.m. The meetings are open to the public and the agendas are posted on the city's website at [email protected]@
HOW DO I PROTEST?
A Public Hearing has been scheduled for the City Council to hear oral and written comments. At the end of the Public Hearing, the City Council shall determine whether sufficient protests equaling 50 percent or more of the additional tax fees proposed have been received. If sufficient protests are received, the additional tax fees shall not be approved.

Each written protest shall contain the person's name and business address. Written protests against the proposed additional tax fees shall be mailed or delivered to the City Clerk's Office, 8650 California Avenue, South Gate, California, 90280 or emailed to yglaze@[email protected] no later than 5:00 p.m., on July 23, 2024. A business owner can also attend the public hearing and simply state verbally that they protest the levy of the additional tax fees. 27 PREGUNTAS FRECUENTES
ZQUe ES UN BID?
Un BID es un acr6nimo que significa "Distrito de Mejoramiento Comercial" y es una tarifa de impuesto adicional sobre la propiedad dentro de un limite geografico definido y en el que los ingresos recaudados de esta tarifa de impuesto adicional se gastan anicamente dentro de la misma 6rea. .:CUANDO SE VENCE LATARIFA DE IMPUESTO ADICIONAL?
La tarifa de impuesto adicional se vence y se puede pagar al mismo tiempo que la renovaci6n de la licencia comercial.
(:ES ESTE UN NUEVO IMPUESTO?
No, el Concejo Municipal aprob6 el Distrito de Mejoramiento Comercial (BID) el 2 de noviembre de 1970.

Desde entonces, esta tarifa de impuesto adicional se ha renovado cada ario y las tarifas se han mantenido igual.

ZQUleN ADMINISTRA EL BID?
El Distrito de Mejoramiento Comercial (BID) es administrado por la Mesa Asesora de Tweedy Mile. La Mesa Asesora es nombrada por el Concejo Municipal y sirve en calidad de asesor presentando una solicitud para su aprobaci6n sobre los gastos de los ingresos recaudados de las tarifas de impuesto adicional. 2COMO SE CALCULAN LAS TARIFAS DE IMPUESTO ADICIONAL?
Las tarifas de impuesto adicional se determinan por los ingresos brutos anuales y vartan entre S15 y 5400.

Vea la lista de tarifas adjunta.
2C0MO SE UTILIZAN LAS TARIFAS DE IMPUESTO ADICIONAL RECAUDADAS? Las tarifas de impuesto adicional recaudadas se pueden utilizar unicamente para los siguientes prop6sitos:

1. ) Decoraci6n de cualquier lugar publico en el area.

2.) Promoci6n de eventos publicos que se llevarin a cabo en lugares publicos del 5rea.

3. ) La promoci6n general de las actividades comerciales en el area. 4cuArvoo SE RELJNE LA MESA ASESORA?
La Mesa Asesora de Tweedy Mile se reane mensualmente el primer lunes del mes a las 6:00 p.m. Las reuniones estan abiertas al publico y las agendas se publican en el sitio web de la ciudad en [email protected]
.:C0MO PROTESTO?
Se ha programado una Audiencia Publica para que el Concejo Municipal escuche los comentarios orales y escritos. At final de la Audiencia Publica, el Concejo Municipal determinara si se han recibido suficientes protestas equivalentes al 50 por ciento o mis de las tarifas de impuesto adicional propuestas. Si se reciben suficientes protestas, las tarifas de impuesto adicional no se aprobaran.

Cada protesta por escrito debera contener el nombre de la persona y la direcci6n comercial. Las protestas por escrito en contra de las tarifas de impuesto adicional propuestas deber5n enviarse por correo o entregadas en persona a la oficina de la Secretaria Municipal, 8650 California Avenue, South Gate, California, 90280 o por correo electr6nico a yzlaze@[email protected] a mis tardarlas 5:00 p.m. del 23 de julio de 2024. El duerto de un negocio tambien puede asistir a la audiencia publica y simplemente declarar verbalmente que protesta por las tarifas de impuesto adicional. 28 Item No. 2
r(Jl ; 7 2021i

CITY COUNCIL
AGENJDA Ba[LL
DepartmentDirector:

For the Regular Meeting of: July 23, 2024
Ori a ent: Public Works
City Manager:
o Cerv Rob ouston
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-Pa 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.

ANALYSIS: The Project was under construction and approximately 90% 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 29
Council terminated the general contractor's agreement at a Special City Council meeting on February 6, 2023. Such termination provided both immediate and long-term cost savings to the City but also created an immediate need for the City to retain an interim contractor to perform certain ongoing maintenance and safety activities; a need which must be met sooner than the time necessary to engage in normal public bidding procedures The proposed Resolution declares a continued emergency exists pursuant to the authority granted by South Gate Municipal Code § 1.54.470 and California Public Contract Code Fg 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 are recommending that the City Council adopt the proposed Resolution so that the City can avail itself of the accelerated contracting procedures authorized by those Code Sections. The Resolution, (1) declares an emergency, (2) authorizes the City Manager to take such actions deemed necessary to cause the maintenance activities to be performed and to procure the necessary equipment, services, and supplies all without giving notice for bids for contracts, (3) requires that at each regularly scheduled City Council Meeting, the City Manager present to the Council the reasons justi'[ying why the emergency will not permit a delay resulting from a competitive solicitation for bids, why that action is necessary to respond to the emergency, and that the City Council review the emergency action to determine, by a four-fifth's vote, that there is a need to continue the emergency action until the emergency action is terminated.

The City is working diligently to secure the PCLUP approval. 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. As of February 16, 2023, NR Development Inc., is no longer providing any project services or maintenance activities, with the exception of those required in the settlement agreement.

2. Approved a fiinding 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.

3. The LEA has approved the Summary of Investigations Report, Workplan of Interim Control Measures ("WICM"), Supplemental WICM and Phase II Workplan. The WICM safety measures were completed May of 2023. 2 30

4. The City coordinated with the Trust for Public Land ("TPL") to procure a replacement contractor: 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 (Contract No. 2023-93-CC). Work was completed as of April 2024, including the following: backfill of overflow structure at the south wetland, north wetland slope stabilization, backfill of the reservoir, installation of three vaults adjacent to the Bandini Channel, construction of the easement road, electrical on site lighting.

5. Methane gas monitoring was completed in December 2023 and low traces of methane were detected at one probe; however, the amount is below regulatory requirements.

6. The LEA approved the Report of Finding of the Phase II Work Plan, with contingencies. The Post Closure Land Use Plan (PCLUP) has been prepared and submitted to the County.

7. A contract was awarded to Executive Management Security Inc., in the amount of $214,995 to continue the security services on the Urban Orchard Project until June 30, 2024. A contract amendment is being dra'fted.

8. NR Development, Inc. completed importing 9,300 cubic yards of clean soil and storing it on the UWS property.

9. A contract with W.A. Rasic in the amount of $141,985 for soil maintenance and management is in the process of being administratively approved, which was needed to oversee the import of 9,300 cubic yards of soil.

10. Amendment No. 7 to Contract No. 3352 with the Trust for Public Land was approved administratively in the amount of $522,072. The scope of service includes, (a) Program Management, (b) design services to revise the design plans to rebid construction, (c) construction support, (d) additional methane monitoring required by Los Angeles County Department of Public Health Solid Waste Division, (e) preparing the Post Closure Land Use Plan required by Los Angeles County Department of Public Health Solid Waste Division, and (f) extending the contract term to December 31, 2024.

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. The two primary purposes of the Project are to divert and treat storm water run-off from the Los Angeles River and to install a new park to provide riverfront recreational opportunities.

The Project is being constructed on a property that was used as an unpermitted landfill until 1949 by an entity la'iown as Southeastern Disposal and By-Products. The property site is identified in CalRecycle's Solid Waste Information System ("SWIS") as an Unpermitted Closed Solid Waste Disposal Site and SWIS No. 19-AA-5545. In 1984, the State of California Department of Health Services, Toxic Substances Control Division concluded that the clean-up work completed effectively mitigated waste constituents to proceed with the Lewis Homes residential development project. The requirements of the PCLUP came into effect in 1988. As such, the 3 31
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 90% 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. Construction of the project will resume after the County approves the CPLUP.

The Project has received the listed grants.

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 32
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 PROCEDURES OF THE SOUTH GATE M{JNICIPAL 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 tlie 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 itnmediately cease all construction work on the Project until such time that a Post Closure Land Use Plan ("PCLUP") is submitted to the County for approval before any change to the current land use, construction, or land preparation can occur to comply with the requirements of the California Code of Regulations, Title 27 (27 CCR), Section 21190 (the "Cease and Desist and Corrective Action Order");
WHEREAS, the City has terminated its construction agreement with the contractor; WHEREAS, although no construction activities will occur at the Project site until the County issues its PCLUP, it will be necessary in the interim for certain minimal maintenance activities to be performed at the site for the protection of the existing improvements and/or for public safety (collectively, the "Maintenance Activities") as well as complete the improvements approved by the County under the Workplan for interim measures; WHEREAS, at a special meeting of the South Gate City Council ("Council") held on Monday, February 6, 2023, the Council received infon'nation provided by the City's Public Works Department establishing that the City does not have sufficient manpower to perform the Maintenance Activities with its own forces, and that the immediate need for the performance of the Maintenance Activities does not permit a delay that would result from a competitive solicitation for bids; and
Pagelof3
5 33
WHEREAS, the City is working diligently to secure the PCLUP approval. The process has been initiated; the Workplan for interim measures has been approved and its construction is substantially complete; a Summary of Site Investigation has been completed; tl'ie final report has been submitted to tlie County and corni'nents have been received; and construction plans to procure a new construction contract are being prepared.

NOW, THEREFORE, BASED ON THE FACTS SET FORTH ABOVE, THE COUNCIL

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

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

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

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

4. The City is working diligently to secure the PCLUP approval. The process has been initiated; the Workplan for interim measures has been approved; a Summary of Site Investigation has been completed; and the final report has been submitted to the County.

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

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

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

SECTION 3: At each regularly scheduled meeting of the Council after the date of the original Resolution, dated February 6, 2023, until further notice from the Council, the City Manager has and shall continue to present to the Council the reasons justifying the emergency, that the emergency declaration will reduce delays and associated costs that would otherwise result from the competitive solicitation for bids and why that action is necessary to respond to the emergency.

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

34 need to continue tlie emergency action.

SECTION 5. The Council shall tenninate the emergency action at the earliest possible date that conditions watrant, so that the remainder of the construction activities may be completed by giving notice for bids to let contracts.

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

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

PASSED, APPROVED and ADOPTED this 23rd day of July 2024.

CITY OF SOUTH GATE:

B7:

Gil Hurtado, Mayor
ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
:11 F. Salinas, City Attorney

1 35
Offioe of the
South Gate City Clerk Item No. 3
JUL I 7 2024
FILED,?,,,,,, City of South Gate

CITY COUNCIL

AGENDA BNLL
For the Regular Meeting o'f: July 23, 2024
Originating Department: Human Resources
Humarx ResourcesDirector: PJkOnHa(/'mXl7!jJn%Manager:Rob Houston SUBJECT: RESOLUTION TO APPROVE THE RECLASSIFICATION OF THE ONE,

FULL-TIME HOUSING & GRANTS ANALYST POSITION AND THE ONE, FULL-

TIME ADMINISTRATIVE SERVICES COORDINATOR POSITION IN THE

COMMUNITY DEVELOPMENT DEPARTMENT TO TWO, FULL-TIME SPECIAL PROJECTS COORDINATOR POSITIONS; AND TO DIRECT ST AFF TO UPDATE THE

CONSOLIDATED SALARY SCHEDULE BY ADDING THE SPECIAL PROJECTS

COORDINATOR TITLE, PAY GRADE, AND PAY RANGE
PURPOSE: Toapprovethereclassificationofone,full-timeHousing&GrantsAnalystposition and one, full-time Administrative Services Coordinator position in the Community Development Department to two, full-time Special Projects Coordinator positions; and to direct staff to update the Consolidated Salary Schedule by adding the Special Projects Coordinator Title, Pay Grade, and Pay Range.

RECOMMENDED ACTIONS: The City Council will consider adopting a Resolution to:

1. Approve the reclassification of one, full-time Housing & Grants Analyst position and one, full-time Administrative Services Coordinator position in the Community Development Department to two, full-time Special Projects Coordinator positions; and

2. Direct staff to update the Consolidated Salary Schedule by adding the Special Projects Coordinator Title, Pay Grade, and Pay Range
FISCAL IMP ACT:

ANALYSIS: While the reclassification of the Housing & Grants Analyst to Special Projects Coordinator will result in an increase of $182/month at top step, the reclassification of the Administrative Services Coordinator to Special Projects Coordinator will result in a decrease of $672/month at top step resulting in an overall savings to the City of $490/month, or $5,880/year (not including the cost of benefits).

BACKGROUND: TheCitymust,fromtimetotime,add,remove,reclassify,orotherwiseadjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the City's workforce. In response to these changing needs and demands, job classification specifications must be amended 1 36
to more closely match tlie tasks which need to be performed by employees in the City's various departments.

On October 1, 2021, the Cominunity Development's long-serving Housing & Grants Analyst retired from the City and his position has been vacant since that date. This important position was responsible for the complex administrative work in support of the Coini'nunity Development Block Grant ("CDBG") program, HOME and Emergency Shelter Grant ("ESG") programs, and other grant programs, by assuring continued compliance with federal, state, and local requirements, regulations, and laws. However, since its vacancy, the duties of tl'iis position have been distributed and shared by a multitude of personnel, who have been performing tliese services for the City as additional duties to their assigned positions. Additionally, on December 31, 2021, the Community Development's Administrative Services Coordinator resigned from the City to accept an opportunity at another employer and one of the City's Housing Specialists was appointed to serve in an acting capacity to provide the confidential and complex administrative, technical, professional, and secretarial duties to the Director and Division Managers of Coinrnunity Development, and to various City Commissions and Committees. Over time, the duties of this position have evolved to include handling special projects in support of the Community Development Department's mission.

For Fiscal Year 2023/24, the City Council approved the creation of a Senior Secretary position to handle the secretarial responsibilities once required of the Administrative Services Coordinator and, on October 16, 2023, the City was able to hire and experienced incumbent to fill this position.

However, the needs of the Comiuunity Development Department have continued to evolve. There is no longer the need to have the Administrative Services Coordinator position to service the administrative and secretarial needs of the Community Development Department, but there is an enhanced need for someone to be able to handle special projects, grant management, and other important projects in support of the entire Department, rather than for a specific division or narrow set of duties.

City Staff is requesting approval to reclassify the Housing & Grants Analyst position and tlie Administrative Services Coordinator position to two Special Projects Coordinator positions. The Special Projects Coordinator position will perform highly responsible, technical, and professional duties for the Coinmunity Development Department involving grants administration and special project management. For example, this may include conducting research and studies related to various department goals and objectives, preparing grant applications, manage grants, and coordinate with outside agencies and stakeholders as directed by the Director of Community Development. While tlie position does not require the college degree that the Analyst class of positions requires, the Special Projects Coordinator position will provide the incumbent valuable experience and skills to compete for an Analyst position once he/she meets the minimum qualifications.

The pay for this position is consistent with similarly situated positions in the City, which require a high level of professionalism and skill but do not require a bachelor's degree. The pay for this position shall be from $5,809 to $7,061 per month, assigned to Pay Grade 640. While this is an increase of $182/month at top step over the Housing & Grants Analyst, it is $672/month less than Administrative Services Coordinator at top step resulting in an overall savings to the City of 2 37
$490/month for the reclassification of Housing & Grants Analyst and Administrative Services Coordinator to two Special Projects Coordinator positions.

Human Resources staff worked with the Coi'nu'nunity Development Department to develop the details related to this position. Staff also worked with tlie Professional Mid-Management Association ("PMMA") to discuss the recommended reclassifications and the recoinmended pay for the Special Projects Coordinator, of which PMMA agrees.

ATTACHMENT: Proposed Resolution
3 38
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, CALIFORNIA, TO APPROVE THE RECLASSIFICATION OF THE

ONE, FULL-TIME HOUSING & GRANTS ANALYST POSITION AND

THE ONE, FULL-TIME ADMINISTRATIVE SERVICES COORDINATOR POSITION IN THE COMMtJNITY DEVELOPMENT DEPARTMENT TO TWO, FULL-TIME SPECIAL PROJECTS COORDINATOR POSITIONS;

AND TO DIRECT ST AFF TO UPDATE THE CONSOLIDATED SALARY

SCHEDULE BY ADDING THE SPECIAL PROJECTS COORDINATOR

TITLE, PAY GRADE, AND PAY RANGE
WHEREAS, the City must, from time to time, add or otherwise adjust job classifications, job specifications and/or compensation in the City's Position Classification Plan contained in the approved Fiscal Year 2024/25 Budget and/or Consolidated Salary Schedule, in order to satisfy the changing needs and demands of the workforce and to more closely match the tasks which need to be perfori'ned by employees in the City's various departments; WHEREAS, the City desires to approve reclassification of the one, full-time position of Housing & Grants Analyst and the one, full-time position of Administrative Services Coordinator positions in the Corninunity Development Department to two, full-time Special Projects Coordinator positions;
WHEREAS, the City desires to approve the adjustment of the Consolidated Salary Schedule and direct staff to add the respective salary range and the salary pay table for the full- time Special Projects Coordinator; and
WHEREAS, the Professional Mid-Management Association ("PMMA") is in agreement with the reclassification of the one, full-time Housing & Grants Analyst position and the one, full- time Administrative Services Coordinator position to two, full-time Special Project Coordinator positions, and the salary range for the full-time Special Projects Coordinator position.

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

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

SECTION 2. The City Council hereby approves and adopts the proposed amendment to the City's Position Classification Plan as approved in the Fiscal Year 2024/25 Budget to approve the reclassification of the one, full-time Housing & Grants Analyst position and the one, full-time Administrative Services Coordinator position to two, full-time Special Projects Coordinator positions in the Community Development Department.

Pagelof2
zt
39 SECTION 3. The City Council hereby approves and directs staff to update the City's Consolidated Salary Schedule to add the position of Special Projects Coordinator, a PMMA position, at the Pay Grade of 640 with a pay range of $5,809 to $7,061 per month.

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

PASSED, APPROVED and ADOPTED tliis 23rd day of July 2024.

CITY OF SOUTH GATE:

BY:

Gil Hurtado, Mayor
ATTEST:

B7:

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

B7:
<%.%2mey

5 40
Office of the
South Gate City Clerk
Item No. 4
jUL 1 7 202!t

CITY COUNCIL
AGENDA B'J[LL
For the Regular Meeting of. July 23, 2024
Originating Department: Human Resources
numaiinesourcesnirector>4,130,[4nH,aimXltOn ?citywanager:ob Houston SUBJECT: RESOLUTION TO APPROVE AND ADOPT AN UPDATED

CONSOLIDATED SALARY SCHEDULE FOR ALL FULL-TIME, PART-TIME, AND

ELECTED OFFICIALS WITHIN CALPERS GUIDELINES
PURPOSE: To approve and adopt an updated consolidated pay schedule for all full-time, part- time, and elected officials within the CaliforniaPublic Employee Retirement System ("CalPERS") guidelines.

RECOMMENDED ACTION: The City Council will consider adopting a Resolution approving and adopting an updated consolidated pay scliedule for all full-time, part-time, and elected officials within the CalPERS guidelines.

FISCAL IMPACT: There is no fiscal impact to the Fiscal Year 2024-2025 Adopted Budget.

ANALYSIS: None.

B ACKGROUND: On June 11, 2024, City Council approved and adopted the Fiscal Year 2024- 2025 Budget, which included the creation of several new positions, most of which were approved to addition to the Consolidated Salary Schedule by City Council action on June 25, 2024. There are a few additional changes that need to be made to fully effectuate the City Council's intent in the Fiscal Year 2024-2025 Budget, which are included in the attached Consolidated Salary Schedule. Those changes include the retitling of the Records Coordinator position to Clerk Services Coordinator, the addition of the Customer Service Supervisor (PW) and Special Projects Coordinator, and updating the pay grade category, but not the pay rate for Deputy Director of Public Works - Field Operations, Housing Manager, and Risk Manager.

Additionally, as part of previously approved Memoranda of Understanding ("MOUs") with the Police Management Association ("PMA"), Police Officers' Association ("POA"), and Division Management Association ("DMA"), an the Agreement with Unrepresented Executive Management Group, City Council approved pay increases of four percerit (4%) for sworn personnel (Chief of Police, PMA, and POA) and three percent (3%) for non-sworn personnel (Directors and DMA) effective the first full payperiod of July 2024, or July 14, 2024. The attached Consolidated Salary Schedule reflects those previously negotiated and approved pay increases. 1 41
Currently, the City is engaged in labor negotiations with the Municipal Employees' Association ("MEA") and tlie Professional Mid-Management Association ("PMMA") and, if there are any City Council-approved pay increases as part of those negotiations, they will be brought in a separate action.

Further, CalPERS, pursuant to its interpretation of the California Code of Regulations Fp 570.5 of the Public Employees' Retirement Law ("PERL"), as outlined in its January 8, 2020, Circular Letter, recorni'nends that all CalPERS employers maintain their compensation levels in one publicly available document, approved and adopted by tlie governing body, which must meet all of the following criteria:
l) Hasbeendulyapprovedandadoptedbytheemployer'sgoverningbodyinaccordancewith the requirements of applicable public meetings laws; 2) Identifies tlie position title for every employee position; 3) Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
5) Is posted at the office of the employer or irni'nediately accessible and available for public review from the employer during normal business hours or posed on the employer's internet website;
6) Indicates an effective date and date of any revisions; 7) Is retained by the employer and available for public inspection for not less than five years; and
8) Does not reference another document in lieu of disclosing the pay rate.

Under the PERL and the Public Employees' Pension Refortn Act of 2013 ("PEPRA"), compensation earnable and pensionable compensation are deterinined in accordance with the amounts identified on a publicly available pay schedule as adopted and approved by the City Council. If an employer were to fail to meet with requirements of Section 570.5 as stated above, the CalPERS Board may determine at its sole discretion an amount that will be considered as a pay rate in deten'nining what a retiree's earnable income will be, which will never be higher than the amount stated on the comprehensive salary schedule. As a result, publicly available pay schedules are required by CalPERS and are a critical component to verify all members' pay rates when calculating members' retirement benefits. Finally, maintaining a compliant publicly available pay schedule will support transparency and expedite CalPERS' review process. Failure to provide CalPERS with a compliant publicly available pay schedule may result in a retirement benefit being delayed and/or reduced.

Therefore, the purpose of approving this resolution is to update the current Consolidated Salary Schedule to reflect the changes as authorized by the City Council in this agenda item and to comply with the PERL,
ATTACHMENT: Proposed Resolution (Comprehensive Salary Schedule) 2 42
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH

GATE, CALIFORIA, APPROVING AND ADOPTING AN UPDATED

CONSOLIDATED SALARY SCHEDULE FOR ALL FULL-TIME, PART -

TIME, AND ELECTED OFFICIALS WITHIN CALPERS GUIDELINES WHEREAS, on June 11, 2024, the City Council approved and adopted the Fiscal Year 2024-2025 Budget, which contained, inter alia, several personnel additions and pay adjustments; WHEREAS, the City Council also approved Memoranda of Understanding with the Police Management Association ("PMA"), Police Officers' Association ("POA"), and Division Management Association ("DMA"), and an Agreement with the Unrepresented Executive Management Group, which provided a four percent increase in wages for all swom personnel (Chief of Police, PMA and POA) and a three percent increase in wages for all non-sworn personnel (Directors and DMA);
WHEREAS, the California Public Employee Retirement System ("CalPERS") interprets the California Code of Regulations F3) 570.5 of the Public Employees' Retirement Law ("PERL") to require that all CalPERS employers maintain their compensation levels in one publicly available document, approved and adopted by the goveriiing body; WHEREAS, the City has complied with the PERL by approving and adopting the comprehensive salary schedule in accordance with the requirements of its public meetings laws; WHEREAS, the Consolidated Salary Schedule identifies the position title of every employee position, shows the rate of pay for each identified position as multiple amounts within a range, that the elected officials' and full-time employees' time base is indicated as a monthly rate, and that part-time employees' time base is indicated as an hourly rate; WHEREAS, the City shall post the Consolidated Salary Schedule on its internet website; WHEREAS, the effective date of the Consolidated Salary Schedule shall be the first full pay period of July 2024, or July 14, 2024;
WHEREAS, the Consolidated Salary Schedules shall be maintained by the City and available for public inspection for not less than five years from the effective date of the approval and adoption of the Consolidated Salary Schedule; and Pagelof2
43 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

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

SECTION 2. Tlie City Council does liereby approve and adopt tlie proposed, updated Consolidated Salary Scliedule attached hereto as Exhibit "A." SECTION 3. The City Clerk sliall certify to the adoption of this Resolution wl'iich sliall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 23rd day of July 2024.

CITY OF SOUTH GATE:

BY:

Gil Hurtado, Mayor
ATTEST:

By:

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

By:
&'tyX't--y

44 City of South Gate Exhibit "A"
By POSITION-ALPHA
Full-Time Classifications (Monthly $")
Effective 07-14-2024
Grade LJnit FLSA Position Title Sub-step Step A S!ep B Step C Step D Step E Agenda approved by City Council on 07/23/2024 Page 1
DMA EXEC Increase 3%;
POA/PMA Increase 4%; COP Increase 4%
45 City of South Gate Exhibit "A"
By POSITION-ALPHA
Grade Llnit FLSA Position Title Substep Step A Step B Step C Step D Step E Agenda approved by City Council on 07/23/2024 Page 2 POA/PMA Increase 4%,' COP Increase 4% 46 City of South Gate Exhibit "A"
By POSITION-ALPHA
Grade Unit FLSA Position Title Substep Step A Step B Step C Step D Step E Agenda approved by City Council on 07/23/2024 Page 3
DMA EXEC Increase 3%;
POA/PMA InCrease 4%; COP Increase 4%
47 City of South Gate
By POSITION-ALPHA
Consolidated Salary Schedule
Unclassified Hourly Classifications (Hourly $)
Effective 04-09-2024
Grade Unit FLSA HourlyPosition Step A Step B Step C Step D Step E Exhibit "A"
900 Htly NE AdministrativeAide $24.37 $25.59 $26.87 $28.21 $29.62 901 +-kly NE Business License Inspector (Hourly) $30.76 $32.30 $33.92 $35.61 $37.39 922 Hrly NE City Hall Receptionist $20.55 $21.58 $22.66 $23.79 $24.98 902 +-lily NE Clerical ASsistant I $20.22 $21.23 $22.29 $23.41 $24.58 903 Hrly NE ClericalAssistantll $21.89 $22.98 $24.13 $25.34 $26.61 904 Htly NE ClericalAssistantlll $24.93 $26.18 $27.49 $28.86 $30.30 923 Htly NE CodeEnforcementOfficer $30.76 $32.30 $33.92 $35.61 $37.39 905 sity NE CommunityDevelopmentlntern $25.51 $26.79 $28.12 $29.53 $31.01 924 Hrly NE Community Development Technician II $25.99 $27.29 $28.65 $30.09 $31.59 925 Hrly NE CommunityServicesOfficer $24.79 $26.02 $27.33 $28.69 $30.13 925 Htly NE CommunityServicesOfficer/ParkRanger $24.79 $26.02 $27.33 $28.69 $30.13 906 Hrly NE Computer Information Systems (CIS) Aide $24.19 $25.40 $26.67 $28.00 $29.40 907 Hrly NE ComputerlnformationSystems(CIS)Aide-Police $24.19 $25.40 $26.67 $28.00 $29.40 908 syiy NE CourtOfficer $25.59 $26.87 $28.21 $29.62 $31.10 940 Hrly NE CrimeSceneForensicSpecialist $41.6'l $43.69 $45.89 $48.17 $50.58 926 Hrly NE Customer Service Representative $24.44 $25.66 $26.95 $28.29 $29.71 942 Hrly NE Customer Service Supervisor (FIN) Hourly $38.31 $40.23 $42.24 $44.35 $46.57 927 Htly NE Elecirician I $26.98 $28.33 $29.75 $31.24 $32.80 928 Htly NE Electrician II $30.64 $32.17 $33.78 $35.47 $37.25 909 Hrly NE EngineeringAide $25.51 $26.79 $28.12 $29.53 $31.01 929 Hrly NE EquipmentMechanic $29.02 $30.47 $31.99 $33.59 $35.27 910 Htly NE FamilyViolencePreventionSpecialist $34.68 $36.41 $38.23 $40.15 $42.15 930 sny NE GroundsMaintenanceWorker $23.23 $24.39 $25.61 $26.89 $28.23 931 Htly NE HousingSpecialist $30.47 $31.99 $33.59 $35.27 $37.03 932 Hrly NE IntermediateAccountClerk $24.44 $25.66 $26.95 $28.29 $29.71 933 Hily NE IntermediateTypistClerk/OfficeAssistant $23.15 $24.31 $25.52 $26.80 $28.14 911 Htly NE Intern $16.00 $16.80 $17.64 $18.52 $19.45 993 HTIY NE Lifeguard $17.05 $17.90 $18.80 $19.74 $20.72 912 Hrly NE MaintenanceHelper $21.89 $22.98 $24.13 $25.34 $26.61 913 Hrly NE MaintenanceServiceWorker $27.91 $29.31 $30.77 $32.31 $33.92 914 )*ly NE MechanicHelper $21.89 $22.98 $24.13 $25.34 $26.61 915 Hrly NE OutdoorPowerEquipmentMechanic $31.64 $33.22 $34.88 $36.63 $38.46 934 Hrly NE Park Facilities Maintenance Worker $23.23 $24.39 $25.61 $26.89 $28.23 916 Hrly NE PoliceCadet $27.01 $28.36 $29.78 $31.27 $32.83 917 Hrly NE PoliceCustodianofRecords ' $29.48 $30.95 $32.50 $34.13 $35.83 936 Htly NE PoliceOfflcer $44.26 $46.48 $48.80 $51.24 $53.80 935 Hrly NE POliCe ReCOrdS Special:St $24.04 $25.24 $26.50 $27.83 $29.22 918 Htly NE Police Vehicle Service Attendant $19.49 $20.46 $21.49 $22.56 $23.69 919 Hrly NE ProgramAssistant $27.01 $28.36 $29.78 $31.27 $32.83 920 hriy NE PublicSafetyOfflcer $22.63 $23.76 $24.95 $26.20 $27.51 Agenda approved by City Council on 07/23/2024 Page 4
DMA EXEC Increase 3%;
POA/PMA Increase 4%,' COP Increase 4%
48 City of South Gate Exhibit "A"
Grade Llnit FLSA HourlyPosition
By POSITION-ALPHA
Step A Step B Step C Step D Step E
939 Hrly NE Recreation Coordinator $24.99 $26.24 $27.55 $28.93 $30.38 997 Hrly NE Recreation Leaderl (RecAide.MainlAidel.TuforAssistant) $16.00 $16.80 $17.64 $18.52 $19.45 996 Htly NE Recreation Leader II (RecAffendenl, MainlAide II, Tutor) $17.64 $18.52 $19.45 $20.42 $21.44 995 Htly NE Recreation Leader Ill (Cashiet, G[)11 Slailet) $19.45 $20.42 $21.44 $22.52 $23.64 994 Hrly NE Recn9ation Leader IV (Recreation Leader, ST. GolT Starter) $21.44 $22.51 $23.64 $24.82 $26.06 937 Hrly NE RecreationSpecialist $19.97 $20.97 $22.02 $23.12 $24.28 921 Hrly NE ResearchAide $19.41 $20.38 $21.40 $22.47 $23.59 938 Hily NE Secretary $27.35 $28.71 $30.15 $31.66 $33.24 941 Hrly NE SeniorAdministrativeAnalyst $42.47 $44.59 $46.82 $49.16 $51.62 992 Hily NE SeniorLifeguard $20.63 $21.66 $22.74 $23.88 $25.08 998 hkly NE StudentWorker $16.00 $16.80 $17.64 $18.52 $19.45 995 Hily NE Swim Instructor $18.76 $19.70 $20.68 $21.72 $22.80 922 Hrly NE TypistClerk $20.55 $21.58 $22.66 $23.79 $24.98 Definitions
UNIT: Bargaining Llnit
DMA Division Management Association (Unclassified) - Pay Plan Category F Elected Unclassified Elected Officials - Pay Plan Category A EXEC Executive Management Employees (Unclassified) - Pay Plan Calegory E MEA Municipal Employees' Association ICMI Service) - Pay Plan Category PMA PoliceManagementAssociation-PayPlanCategoryB
PMMA PtofessionalandMid-ManagementEmployees(CivilSetvice)PayPlanCalegoryG POA PoliceOfflcers'Associafion-PayPlanCategoryC
Group: Group of Classifications
Hrly Unclassified Hourly Positions
FLSA: Fair Labor Standards Act
E
NE
Exempt
Non-Exempt
Substep: Specific only to Police Officers' Association.

Monthly $ Monthly salaries displayed as a whole number, rounded )o nearest dollar.

Agenda approved by City Council on 07/23/2024 Page 5
DMA EXEC Increase 3%;
POA/PMA Increase 4%; COP Increase 4%
49 ->uutj;"G"'6'!ca'(Ji:'y'-lad'
Item No. 5
)UL i '7 '!')'.)':
:F-uFa-; z',ire' Cdy of South Gate

CITY COUNCIL
AG-ENJDA JaILL
Department Director:

For the Regular Meeting of: August 13, 2024
Ori a a - ent: Public Works
City Matiager:
o Cerv ob Houston
SUBJECT: AMENDMENT N0. 4 TO CONTRACT N0. 2020-16-CC WITH KOA CORPORATION, AMENDMENT N0. 3 TO CONTRACT N0. 2020-17-CC WITH INTERWEST CONSULTING GROUP, INC., AND AMENDMENT N0. 5 TO CONTRACT N0. 2020-15-CC WITH WILLDAN ENGINEERING FOR AS-NEEDED

PROFESSIONAL ENGINEERING SERVICES
PURPOSE: To approve amendments with the as-needed engineering services consultants to extend the term of the existing contracts on a month-to-month basis for up to three months, retroactively effective to July 1, 2024.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 4 to Contract No. 2020-16-CC with KOA Corporation for As-Needed Engineering Services to extend the term on a month-to-month basis for up to three months;
b. Approving Amendment No. 3 to Contract No. 2020-17-CC with Interwest Consulting Group, Inc. for As-Needed Engineering Services to extend the term on a month-to-month basis for up to three months;
c. Approving Amendment No. 5 to Contract No. 2020-15-CC with Willdan Engineering for As-Needed Engineering Services to extend the term on a month-to-month basis for up to three months; and
d. Authorizing the Mayor to execute the amendments in forms acceptable to the City Attorney.

FISCALIMPACT: The Public Works Department budgeted $290,000 for as-needed engineering services in the 2024/25 Fiscal Year Operating Budget and the Capital Improvement Program, Fees to be incurred will be based on the services provided and the agreed upon rates from each consultant. Historically, most costs are absorbed by Special Revenue sources.

ANALYSIS: The Engineering Division is supported by as-needed engineering service contracts with KOA Corporation, Interwest Consulting Group, Inc. and Willdan Engineering. They provide a variety of services, such as plan check, CIP project management, and development review. As-needed engineering services provide the Engineering Division support to implement projects and programs and deliver engineering services in a cost-effective and timely manner, through competitive pricing provided by the three firms. KOA, Interwest, and Willdan will 1 50
continue providing the following distinct services:
@ As-needed Engineering CIP Services - Common services include performing plan checks of CIP projects, reviewing technical studies, reviewing or preparing prevailing wage compliance documents, state and federal funding compliance, staff augmentation services, etc.
* As-needed Engineering Services - Common as-needed engineering service needs include preparation of miscellaneous technical assignments, plan check, development review, survey services, legal descriptions parcel maps and tract map reviews. * Grant Writing Services - Preparation of applications for grant funds.

The contracts with each consultant expired on June 30, 2024. Staff recommends retroactively extending the term of the Agreements by three months on a month-to-month basis retroactively effective to July 1, 2024. This provides time to complete the procurement processes to replace the as-needed engineering services service contracts.

KOA, Interwest and Willdan have agreed to offer their services at the current rates through the end of the contract term, which provides for savings as compared to a rate increase.

BACKGROUND: Since 2004, the Public Works Department has used as-needed engineering services to provide the Engineering Division with specialized technical services, enhanced engineering expertise, and staffing support. As-needed engineering services are essential to expedite the completion of miscellaneous engineering services not commonly offered by full- time staff. By using t's approach, the Public Works Department has been successful in delivering numerous CIP projects, providing engineering services to developers and the general public, and in securing millions in grant funds.

On February 25, 2020, the City Council awarded Contract Nos. 2020-15-CC, 2020-16-CC and 2020-17-CC, to Willdan Engineering, KOA Corporation, and Interwest Consulting Group, respectively, in the amount not-to-exceed $240,000 per year, per agreement. While the grand total was $720,000 per year, services fees for all three consultants combined were required to remain within the $240,000 fiscal year budgeted amount. Total expenditure for the two-year contract term, from the three consultants combined, were not to exceed $480,000. This approach was used to provide maximum flexibility to utilize services based on the needs of the Public Works Department and the ability of consultants to meet those needs.

On December 14, 2021, the City Council approved Amendment No.l to Contract No. 2020-15- CC with Willdan for project management services for a term through and including August 15, 2022, in the amount of Three Hundred and Eighty-Three Thousand Five Hundred and Twenty Dollars ($383,520). Willdan is currently managing the implementation of several capital projects in addition to providing as-needed engineering services.

On March 8, 2022, the City Council approved Amendment No. 1 to Contract No. 2020-16-CC with KOA, Amendment No. 1 to Contract No. 2020-17-CC with Interwest, and Amendment No. 2 with Willdan extending on call engineering services agreements to June 30, 2023. 2 51
On July 27, 2022, the City Council approved Amendment No.2 to Contract No. 2020-16-CC with KOA for As-Needed Engineering Services for a term through and including June 30, 2023.

On December 13, 2022, the City Council approved Amendment No. 3 to Contract No. 2020-15- CC with Willdan increasing and extending project management services by increasing compensation by One Million One Hundred Seventy-Nine Thousand Three Hundred Sixty ($1,179,360) for project management services for Fiscal Years 2022/23 and 2023/24.

On June 17, 2023, the City Council approved Amendment No. 4 to Contract No. 2020-15-CC with Willdan extending the term through to June 30, 2024, for project management services.

On June 23, 2023, the City Council approved Amendment No.2 to Contract No. 2020-17-CC with Interwest for As-Needed Engineering Services for a term through and including June 30, 2024.

On July 11, 2023, the City Council approved Amendment No. 3 to Contract No. 2020-16-CC with KOA increasing the agreement by $62,418 in FY 2023/24.

On July 27, 2023, the City Council approved Amendment No. 3 to Contract No. 2020-16-CC with KOA extending the term to June 30, 2024.

ATTACHMENTS: A. Proposed Amend. No. 4 to Contract No. 2020-16-CC with KOA Corp.

B. Proposed Amend. No. 3 to Contract No. 2020-17-CC with Interwest Consulting Group, Inc.

C. Proposed Amend. No. 5 to Contract No. 2020-15-CC with Willdan Engineering
D. ContractNo. 2020-16-CCwithKOACorporation*
E Amend. No. 1 to Contract No. 2020-16-CC with KOA* F. Amend.No.2toContractNo.2020-16-CCwithKOA""
G. Amend.No.3toContractNo.2020-16-CCwithKOA*
H. ContractNo.2020-17-CCwithInterwestConsultingGroup,Inc.* I. Amend. No. 1 to Contract No. 2020-17-CC with Interwest Consulting Group, Inc.*
J. Aanend. No. 2 to Contract No. 2020-17-CC with Interwest Consulting Group, Inc.*
K. Contract No. 2020-15-CC with Willdan Engineering * L. Amend. No. l to Contract No. 2020-15-CC with Willdan Engineering* M. Amend. No. 2 to Contract No. 2020-15-CC with Willdan Engineering* N. Amend.No.3toContractNo.2020-15-CCwithWilldanEngineering*

0. Amend. No. 4 to Contract No. 2020-15-CC with Willdan Engineering* *Each document is available for review through the City Clerk's Office.

LC:lc
3 52
Attachment A
A+'nendment No. 4
Contract No. 2020-16-CC
AMENDMENT N0. 4 TO CONTRACT N0. 2020-16-CC

FOR AS-NEEDED ENGINEERING SERVICES BETWEEN THE CITY OF

SOUTH GATE AND KOA CORPORATION
This Aanendment No. 4 to Contract No. 2020-16-CC for As-Needed Engineering Services ("Amendment No. 4"), is made and entered into on August 13, 2024, by and between the City of South Gate, a municipal corporation ("City"), and KOA Corporation., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individuallyreferred to as a "Party" and collectively as "Parties."

RECITALS
WHEREAS, on February 25, 2020, the City Council approved Contract No. 2020-16-CC with Consultant ("Agreement") for As-Needed Engineering Services for a two-year term through and including February 25, 2022, in the amount of Four Hundred Eighty Thousand Dollars ($480,000);
WHEREAS, on March 8, 2022, the City Council approved Amendment No. 1 to Contract No.2020-16-CCwithConsultant("ArnendmentNo. 1")forAs-NeededEngineeringServicesfor a term through and including June 30, 2023; and
WHEREAS, on July 27, 2022, the City Council approved Amendment No. 2 to Contract No. 2020-16-CC with Consultant ("AmendmentNo. 2") forAs-Needed Engineering Services for a term through and including June 30, 2024; and
WHEREAS, on July 11, 2023, the City Council approved Amendment No. 3 to Contract No. 2020-16-CC with Consultant ("Amendment No. 3 ") for a Street Lighting Engineering Study for an increase of compensation of Sixty-Two Thousand, Four Hundred and Eighteen Dollars ($62,418); and
WHEREAS, the City and Consultant desire to execute Amendment No. 4 extending the term of the Agreement on a month-to-month basis for up to three (3) months, retroactively effective to July 1, 2024, under which the total amount of compensation to be paid by the City to the Consultant shall be based on the services provided at the agreed upon hourly rates identified under the terms and conditions of prior amendments and original Agreement.

NOW, THEREFORE, the parties hereby agree as follows:

1. MODIFICATION TO AGREEMENT
a. TERM OF AGREEMENT.

The term of the Agreement shall be extended on a month-to-month basis for up to three (3) months, retroactively effective to July 1, 2024, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided in the A greement.

53 Amendment No. 4
Contract No. 2020-16-CC
b. SCOPE OF WORK AND COMPENSATION.

The scope of work and the amount of compensation to be paid by the City to Consultant shall be in accordance with Exhibit "A" of Agreement 2020-16-CC.

2. EFFECT OF AMENDMENTS.

Except as expressly amended herein, all other tenns and conditions of the Agreement and its Amendments, Attachments, and Exhibits thereto, shall remain in full force and effect. All recitals to this Amendment No. 4 are incorporated into the Agreement as modified by this Amendment No. 4. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Subsection 1.1 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 Amendment No. 4 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
Date:

ATTEST:

B7:

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

BY:

KOA CORPORATON:

B7:

Guiseppe Canzonieri, Managing Director
Date:

54 Attachment B 'nendmen' Noa3
Contract No. 2020-17-CC
AMENDMENT N0. 3 TO CONTRACT N0. 2020-17-CC
FOR AS-NEEDED ENGmEERING SERVICES BETWEEN THE CITY OF SOUTH GATE AND INTERWEST CONSULTING GROUP, INC.

This Amendment No. 3 to Contract No. 2020-1 7-CC for As-Needed Engineering Services (" Ai'nendment No. 3"), is made and entered into on August 13, 2024, by and between the City of South Gate, a municipal corporation ("City"), and Interwest Consulting Group, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECITALS
WHERF,AS, on February 25, 2020, the City Council approved Contract No. 2020-1 7-CC with Consultant ("Agreement") for As-Needed Engineering Services for a two-year term through and including February 25, 2022, in the amount of Four Hundred Eighty Thousand Dollars ($480,000);
WHEREAS, on March 8, 2022, the City Council approved Amendment No. 1 to Contract No. 2020-17-CC with Consultant ("AmendmentNo. 1 ") for As-Needed Engineering Services for a term through and including June 30, 2023; and
WHEREAS, on January 9, 2024, the City Council approved AmendmentNo. 2 to Contract No. 2020-17-CC with Consultant ("Ai'nendmentNo. 2") forAs-Needed Engineering Services for a term through and including June 30, 2024; and
WHEREAS, the City and Consultant desire to execute Ai'nendment No. 3 extending the term of the Agreement on a month-to-month basis for up to three months retroactively effective to July 1, 2024, under which the total amount of compensation to be paid by the City to the Consultant shall be based on the services provided at the agreed uponhourly rates identifiedunder the terins and conditions of prior amendments and original Agreement.

NOW, THEREFORE, the parties hereby agree as follows:

1. MODIFICATION TO AGREEMENT
a. TERM OF AGREEMENT.

The term of the Agreement shall be extended on a month-to-month basis for up to three (3) months retroactively effective to July 1, 2024, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided in the Agreement.
b. SCOPE OF WORK AND COMPENSATION.

The scope of work and the amount of compensation to be paid by the City to Consultant shall be in accordance with Exhibit "A" of Agreement 2020-1 7-CC.

55 Ai'nendment No. 3
Contract No. 2020-17-CC

2. EFFECT OF AMENDMENTS.

Except as expressly amended herein, all other tenns and conditions of the Agreement and its Ai'nendments, Attacl'ments, and Exhibits thereto, shall remain in full force and effect. All recitals to this Ai'nendment No. 3 are incorporated into the Agreement as modified by this Amendment No. 3. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the ten'n of Agreement as extended by Subsection 1.1 above. Furthermore, City reserves the riglit to augment or reduce the scope of work as City deems necessary.

IN WITNESS WHEREOF, the Parties hereto have caused this AinendmentNo. 3 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
Date:

ATTEST:

By:

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

BY: R4aulF 7:all.nJ,,as!,d;CltyAttOrm@;ey
INTERWEST CONSULTING GROUP, INC:

BY:

Paul Meschino, President
Date:

1 56
Attach ment C Amendment No. 5
Contract No. 2020-15-CC
AMENDMENT N0. 5 TO CONTRACT N0. 2020-15-CC

FOR AS NEEDED ENGINEERING SERVICES WITH

WILLDAN ENGINEERING
This AmendmentNo. 5 to ContractNo. 2020-15-CC for As Needed Engineering Services ("Ai'nendment No. 5"), is made and entered into on June 27, 2023, by and between the City of South Gate, a municipal corporation ("City"), and Willdan Engineering, a California corporation ("Consultant"). CityandConsultantaresometimeshereina'fterindividuallyreferredtoasa"Party" and collectively as "Parties."

RECIT ALS
WHEREAS, on February 25, 2020, the City Council approved Contract No. 2020-15-CC with Consultant ("Agreement ") for As Needed Engineering Services for a term through and including February 25, 2022, in the amount of Four Hundred Eighty Thousand Dollars ($480,000);
WHEREAS, on December 14, 2021, the City Council approved Amendment No. I with Consultant for project management services for a term through and including August 15, 2022, in the amount of Three Hundred and Eighty-Three Thousand Five Hundred and Twenty Dollars ($383,520);
WHEREAS, on March 8, 2022, the City Council approved Amendment No. 2 with Consultant extending the term through to June 30, 2023; WHEREAS, on December 13, 2022, the City Council approved Amendment No. 3 with Consultant increasing compensation by One Million One Hundred Seventy-Nine Thousand Three Hundred Sixty ($1,179,360) for project management services for Fiscal Years 2022/23 and 2023/24;
WHEREAS, on June 17, 2023, the City Council approved Amendment No. 4 with Consultant extending the term through to June 30, 2024, for project management services; and WHEREAS, the City and Consultant desire to execute Amendment No. 5 extending the term of the Agreement on a month-to-month basis for up to three (3) months, retroactively effective to July 1, 2024, under which the total amount of compensation to be paid by the City to the Consultant shall be based on the services provided at the agreed upon hourly rates identified under the terms and conditions of prior amendments and original Agreement.

NOW, THEREFORE, the parties hereby agree as follows:

1. MODIFICATION TO AGREEMENT
a. TERM OF AGREEMENT.

The ten'n of the Agreement shall be extended on a month-to-month basis for up to three (3)

57 Amendment No. 5
Contract No. 2020-15-CC
months, retroactively effective to July 1, 2024, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided in the Agreement.
b. SCOPE OF WORK AND COMPENSATION.

The scope of work and the amount of compensation to be paid by the City to Consultant shall be in accordance with Exhibit "A" of Agreement 2020-15-CC.

2. EFFECT OF AMENDMENTS.

Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachiuents, aiid Exhibits thereto, shall remain in full force and effect. All recitals to this Ai'nendment No. 5 are incorporated into the Agreement as modified by this Ai'nendment No. 5. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Subsection 1.1 above. Furthermore, City reserves the right to auginent or reduce the scope of work as City deems necessary.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 5 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

B7:

Gil Hurtado, Mayor
Date:

ATTEST:

BY:

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

Raul F. Salinas, City Attorffiey
WILLDAN ENGINEERING:

BY:

Adel Freij, Director of Engineering
Date:

58 Item No. 6
.lUt, 'i -i 202!!
FlLEr)a 2:lS'r Ciffl of South Gate

CITY COUNCIL
AGENDA Bn ,T,
DepartmentDirector:

For the Regular Meeting of: July 23, 2024
Ori ent: Public Works
(Art Cervant Rob Houston
SUBJECT: AMENDMENT N0. 6 TO CONTRACT N0. 2021-70-CC WITH HF &H CONSULT ANTS, LLC., FOR SOLID WASTE MANAGEMENT SERVICES.

PURPOSE: To approve Amendment No. 6 to Contract No. 2021-70-CC ("Amendment No. 6") with HF&H Consultants ("HF&H") to extend the contract term through December 31, 2024, to provide solid waste management services and services required for compliance with state regulations. This provides the needed time to prepare a Request for Proposal to procure another contract competitively.

RECOMMENDED ACTIONS: The City Council will consider:
a. ApprovingAmendmentNo.6toContractNo.2021-70-CCwithHF&HConsultants,LLC., ("Agreement") to extend the contract term through December 31, 2024, as necessary to provide solid waste management services in an amount not-to-exceed $78,340; b. Appropriating $78,340 from the Refuse Fund balance to fund Amendment No. 6 to the Agreement; and
c. Authorizing the Mayor to execute Amendment No. 6 in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact to the General Fund. Atnendment No. 6 to the Agreement is in the amount of $78,340, and it will be :[unded through the Refuse Collection Fund.

The $78,340 appropriation is from the Refuse Fund balance. The total amount of the revised contract is $436,384, inclusive of Amendments No. 1, 2, 3, 4 and 5.

ANALYSIS: Contract No. 2021-70-CC with HF&H provides solid waste management services related the City's Franchise Agreement with Universal Waste Systems ("UWS") and services required to comply with SB 1383, AB 1826 and AB 341 reporting requirements, which are complex. The Agreement expired on June 30, 2024; however, services are recommended to be extended to December 31, 2024, under Amendment No. 6.

The City continues to meet regularly with UWS to discuss regional and state regulatory reporting requirements, issues related to the logistic of solid waste collection, transportation, recycling and diversion of materials to landfills, and to discuss the general delivery of solid waste collection services to our commercial and residential cornrnunities. UWS Franchise Agreement ("Franchise Agreement") contains extensive service changes such as mandatory organic cart collection for residential customers, mandatory recycling and organic collection service for commercial customers, as well as many other SB 1383 requirements. HF&H provides the expertise to manage 1 59
the scope of work required to :tulfill the Franchise Agreement contractual terms and conditions and ensure the City complies with SB 1383 reporting requirements. HF&H's continued support and solid waste industry knowledge and expertise is needed to ensure the city meets SB 1383 reporting requirements.

The proposed extension provides staff adequate time to procure another contract competitively.

Staff has developed a Request for Proposal ("RFP") for the procurement of a consultant for solid waste management services. The new contract will require solid waste management services related to the management of the City's franchise agreement and services required to comply with SB 1383, AB 1826 and AB 341 reporting requirements B ACKGROUND: On May 11, 2021, the City Council approved Contract No. 2021-70-CC with HF&H for professional services to develop an RFP and manage the competitive selection process to procure a new franchise agreement in the amount of $150,000. The Agreement included a scope of work to negotiate with one solid waste and recycling services provider.

On June 6, 2022, Amendment No. 1 to the Agreement 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 the Agreement 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 the Agreement 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 the Agreement 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.

On November 28, 2023, the City Council approved Amendment No. 5 to the Agreement in the amount of $60,000 to continue 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 June 30, 2024.

ATT ACHMENTS:

JA/GD:lc
A. Proposed Amendment No. 6
B. Amendment No. 5
C. Amendment No. 4
D. Amendment No. 3
E. Amendment No. 2
F. Amendment No. 1
G. Contract No. 2021-70-CC
2 60
Attachment A
Amendment No. 6
Contract No. 2021-70-CC
AMENDMENT N0. 6 TO CONTRACT N0. 2021-70-CC
WITH HF &H CONSULT ANTS, LLC.,

FOR SOLID WASTE MANAGEMENT SERVICES
This Amendment No. 6 to Contract No. 2021-70-CC for Solid Waste Management Services ("Amendment No. 6"), is made and entered into on July 23, 2024, 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 the 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); and
WHEREAS, on June 6, 2022, Amendment No. 1 to the Agreement was approved administratively to add Thirteen Thousand Dollars ($13,000) to obtain professional services for assistance with the competitive procurement prOCeSS to secure a solid waste contractor and to negotiate franchise terms and conditions with multiple solid waste service providers; and WHEREAS, on July 12, 2022, the City Council approved Amendment No. 2 to the Agreement to add Seventy-Six Thousand Six Hundred ($76,600) Dollars resulting from an increase in scope of service related to Solid Waste Collector Transition Management Services and assist the City with meeting CalRecycle program and reporting requirements; and WHEREAS, on November 22, 2022, the City Council approved Amendment No. 3 to the Agreement extending the tertn through June 30, 2023, and adding Eighty-Six Thousand Seven Hundred Eighty-Four ($86,784) Dollars resulting from an increase in the scope of service for Solid Waste Collector Transition Management Services and assistance the City withmeeting CalRecycle program and reporting requirements; and
WHEREAS, On August 9, 2023, the City Council approved Amendment No. 4 to the Agreement extending the term through December 31, 2023, and adding Fifty Thousand Dollars (50,000) to the contract to maintain Solid Waste Management Services and assistance the City with meeting CalRecycle program and reporting requirements related to AB 341, SB 1383, and AB 1826.

WHEREAS, on November 28, 2023, the City Council approved Amendment No. 5 to the Agreement extending the term through June 30, 2024, and adding Sixty Thousand Dollars ($60,000) for the continuation of solid waste management services and assistance the City with meeting CalRecycle program and reporting requirements related to AB 341, SB 1383, and AB 1826.
i3 61
Amendment No. 6
Contract No. 2021-70-CC
WHEREAS, the City and Consultant desire to execute Amendment No. 6 to extend the teri'n of the contract through December 31, 2024, and to add Seventy-Eight Thousand Three Hundred and Forty Dollars ($78,340) reflecting the scope of work outlined in Exhibit "A," bringing the aggregate total amount of tlie contract, resulting from Amendments No. 1-5, to a sum of Four Hundred Fifty Four Thousand Seven Hundred Twenty Four ($454,724) Dollars.

NOW, THEREFORE, 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. 6. 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 December 31, 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 the Contractor for the work identified in Exhibit "A" shall not exceed Seventy-Eight Thousand Three Hundred Forty ($78,340) Dollars.

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 teri'n of Agreement as extended by Section 1 above.

Furthermore, City reserves the right to augment or reduce the scope of service as City deems necessary.
[Remainder of page left blank intentionally.]

62 Ai'nendment No. 6
ContractNo. 2021-70-CC
IN WITNESS WHEREOF, the Parties hereto have caused this ArnendmentNo. 6 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

BY:

Gil Hurtado, Mayor
Dated:

ATTEST:

By:

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

By:

F. Salinas, City Attorney
HF &H CONSULTANTS, LCC.:

B7:

Laith Ezzet, Senior Vice President
Dated:

63 Attachment B
Amendment No, 5
Contract No. 2021-70-CC
AMENDMENT.@78, 5 TO CONTRACTN0. 2021-70-CC
WITH HF &H CONSULTANT8, IjIjc.,
110R SOLm WASTE MANAGEMENT SERVICES
This Amendment No. 5 to Contract No. 2021-70-CC for Solid Waste ManagementServices ("AmendmentNo, 5"), isinadeandenterediuto onNoyember2g,2023, by axyd betweenthe City of South Gate, a municipal cotporation ("City"), and HF&H Consultants, I,LCI, aCaiifornialimitedliability company ("Contractor"), City aridContractor are sometimeshereinafterindividually referredto as a"Party" and collectively as "Parttes.='

RKCIT ALS
WHEREAS, onMayll, 2021, tlte City Council approved Contract No. 2021-70-CCwith Contractor ("Agreement ") to develop a Request for Proposal and manage $e co:ipetttiveselectionprocessto procure anewfranchise agreement forRecycling, Organias, and Solid WasteCollection and Recyclirig, Organics, and C&D Processing 8eivices, in the amount of OneHundred Fifly Thousand Dollars ($150,000); WHEREAS,onJune6,2022,AmeridmentNo.1wasapprovedadministrativelytoinolude ascope ofworkto neg,otiate w'tharl three solid waste arid reoycling setvice provides inresponseto the Request for Proposals forRecycling, Organias, and Solid Waste Collection andRecya[ing,Organics, and C&D Pxocessing 8eivloes, inthe amount ofTirteen ThousaxidDollavs ($13,000); WHRREAS, on Julyl2, 2022, Amendment No. 2 was approved by the City Council toti'iclude a scope ofwork to perform Solid Waste Collector Transition Management Services andCalRecycle rogulator oompliance assis:co for the City inthe amountof Seventy-Six,ThousandSix Hundred Do!Jars ($76,600); '%ffiEREASjonNovember22, 2022, AmendmentNo. 3 wasapprovedbythe City Couricitto include a scope ofworkto perform8olid WasteCollectorTransitionManagement Services midCalRecycle tegulatory compliance assistance for the City in the amount of Eighty-Six ThousandSeven Hundred Eighty-Foxir Do!lars ($86,784); and WHEREAS,OnAugust9,2023,the CityCouricilapprovedAmeiidmentNo. 4to ContraotNo. 2021-70-CC in tlte amount of $50,000 to continue the Solid Waste Ptogram Managementservices including 8B 1383 program management services, and professional setviaes necessazyfor comp}iaxtce with state requirements for AB 341, SB 1383, m'id AB 1826 up to Deoeinbet 31,2023.

WHEREAS, the City and Consultant desire to execute AmendmentNo, 5 extending theterm ofthe Agteemettt thtough and includinB June 30, 2024, in an mount not to exceed SjxtyTlxousand Dollars ($60,000), for services identified in Bxhibit 4'A" attached he'reto, under thetetms and condkions of the Agreement, brin@ainH the aggregate total of the Agreemerit,AmendmentNo, 1, AmendrnentNo. 2, Amendment No. 3, AmendinentNo, 4, and Amendtnent 64 Amendnient No. 5
Contract No, 2021-70-CC
5 to a total sum ofFour Hundred Thirty-Six Thottsand Three Hundred Etglity-Four Dollars ($436,384).

NOW, THEREFOR, the paxtieshsreby agree as follows:

1. MODIFICTION TO AdREInMENT

1.I SCOPE OF WORN(.

Tlie City hereby engages Contractor and Contractor accepts such engagement lo , perform the services set forth in the Scope of Services as describedin '4Bxhibit A" attacmd hereto and made part of this Amendment No, 5. The Scope of Services may be mutually amended by bothPartim inwrithy.
1,2 TERM OF AGREENT.

The tell Ofthe Agreement i8 ttl effectthi'oughth6 0ompl6ti(m Dfthett$lstttOn Of the neW SOIid Waste t'ranehise agreenent between tht, City and the 801id waSte hauferwhicb:transition, andregulatory compliance is estimated to be completed by Juie30,2024. ThetermisherebyextendedthroughandixicludirigJune30,2024, uniess othemse expressly extended and agreed to by both Parties in writirxg 01:
terminated by eitberParty as providedin the Agrem'nent,

1.3 COMPENSATION.

The amount of compensation paid by City to Contrador for the work identified in Exbibit "A" shall notexceed 8txty Thousand Dollars ($60,000),

2. EFFECT OF AMENDMENTS.

Except as expressly amended Iierein, alf other tetms and conditions of Agreement shall remaininful[forceandeffect, WitlioutlimitingtheBeneralityoftheforegoing,Agreement shall remain uncbmtged durixig tlie term of Agreement as extendad by Section I above, Furthermore, C'ity reservestheriBhtto augment orreduce the soopeofwork as City deems necessai'y,
[Remainder ofpage Left: blarik intentionally,]
Page2of3
I 65
Amendment No, 5
ContractNo. 2021-70-CC
NNWffNESS WHRREOF,thePartieslierotohavecausedtbtsAmendmentNo.5tobeexecuted aiid attested by their respective officers hereunto duly authorized, c'iTY OF SyTH GA7:

ATTEST!
B7:

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

Raul F. Salinas, City Attornay
l'fit' &H CONSULTANT8, LLC.:

IiaithEzzet Senior Vioe President
Dated:
// / ate /z=>v I

66 CTlyof5outh (iatti Exhibit A
' , j,,'- n W6iFPlanfor%2ort ..l_ l,,, ,
: -l(Jffiii _1'7)1.1'lN1 m'm !Nuflal;i;l:'!'%l!!laTh " Mi-'ffiaulilTltlfl Nflm NllfflTffiWal! NIIF'!'il'ji71l a ?ffuJJJ1. piwfe m*attng agenda, ymualpm In niantht7 88 t:iaa mmpuatm mdngsi ud prspm m; "2. Ail$eo@an}oadeJta'rnagekende a. MonuorAamemenlffiorhey8B 13a3oonpffancaaqultetnenffl 4, PmpamThrandaltandLAMMse)gJyuaam
!i. Stl{383Regulalo7Compllanoea'dAssffinaamthC!tRecycmMaltam s. Aaslsttte(4pmpadngtheae+etmaMnuslReporl(9R)

7. MonltorandrnJ!11Va!lljeaPubffaEdu&0ukeah
L RmtwtlWaa+inuJmiileinlswnm%yfr8Bi383eiidmvlaws1immaiyraailm

0. Rmewthaaty'sappvachlowmWAOiganksPtoanamanttequlnttwmundgrSBffla3 la. AsslstthsaityWTh0rganloWameundMb%x}ReooveBOapaollyPIannlhBdellvemblagduatbLAcauhtyund 41 Addnlonal mnipllanae tesh as aaslgned
Hours
F6a '
Hout$ RBke
-!i ---{a)
/141 ' =Ai
:
2 3
e
aa
$ 7,a38
$ 345
;4
2 8
4 4
2 6
16 10
48 ffl
12 la
8 12
TO
(e
4%
0 38,080
I 220
4 4
a7
fl
ga
18 2rl
24 21
12 18
16 u
@(l
$ t!,960
€ 29!1
16 $ 2,926
% '19a
282
,!68890
I kQ k!a8
I if(I1 otal hm a msnsag le months, Janua7 f, 2024-June30, 2oul ii €(1000tie ipUonForFfla24-28 (Jtt)yj2e24-JuneW.2a2B) i f2(1,000'Thm Q 58 (asbmba au$utto aVallaRO tXTmeA Harm ffR 5elTll5d 8mQtmkaan(1 m.

Prepaiad hyHA&H Camullan)s, LkC
tipa7iozs
67 Attachment C
Amendment No. 4
Contract No. 2021-70-CC
AMENDMENT N0. 4 TO CONTRACT N0. 2021-70-CC
WITH HF &H CONSULT ANTS, LLC.,

FOR SOLID WASTE MANAGEMENT SERVICES
This Atnendment No. 4 to Contract No. 2021-70-CC for Solid Waste Management Services ("Amendment No. 4"), is inade and entered into on August 9, 2023, by and between the City of South Gate, a municipal corporation ("City"), andHF&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 Services, in the amount of One Hundred Fifty Thousand Dollars ($150,000);
WHEREAS, on June 6, 2022, AmendmentNo. 1 was approved administratively to include a scope of work to negotiate with all three solid waste and recycling serice provides in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, inthe 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 November22, 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 irichiding December 31, 2023, in an amount not to exceed Fifty Thousand Dollars ($50,000), for services identified in Exhibit "A" attached hereto, under the terms and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 and Amendment No. 4 to a total sum of Three Hundred Seventy-Six Thousand Three Hundred Eighty-Four Dollars ($376,384).

NOW, THEREFORE, the parties hereby agree as follows:

Page ] of 3
10 68
Amendment No. 4
Contract No. 2021-70-CC
SCOPE OF WORK.

The City hereby engages Contractor and Contractor accepts such engagement to perform the services set forth in the Scope of Services as described in "Exhibit A" attached hereto and made part ofthis AmendmentNo. 4. The Scope of Services may be mutually amended by both Parties in writing.

TERM OF AGREEMENT.

The temn of the Agreement is in effect through the completion of the transition of the new solid waste franchise agreement between the City and the solid waste hauler which transition, and regulatory compliance is estimated to be completed by December 31, 2023.

The term is hereby extended through and including December 31, 2023, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement.

COMPENSATION.

The amount of compensation paid by City to Contractor for the work identified in Exhibit "A"' shall not exceed Fifty Thousand Dollars ($50,000).

EFFECT OF AMENDMENTS.

Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged during the term of Agreement as extended by Section 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.]

69 Amendment No. 4
Contract No. 2021-70-CC
IN WITNESS WHEREOF, tlie Parties hereto liave caused this Amendment No. 4 to be executed and attested by their respective officers hereunto duly autliorized.

CITY OF SOUTH GATE:

ATTEST:

By:

Yodit laze, City Clerk
(SEAt)
APPROVED AS FORM:

Raul F. Salinas, City Attorney
HF &H CONSULTANTS, LCC.:

By:MeLepresiaent
Dated:
8//r> /2oz',

70 Exhibit A
Work Plan for Continued Support July 1, 2023. December 31, 2023 t
! E'Jt' 2n !j -w ! a"
a Vllil a %kV ' i il Wi ffi l &i;ll'11;r;nml
7I =lllltlilffi TTiW am!ffl Ihi(4 841 Flm i
t Prepare meeting agenda, partipate in monthly meetings and prepare meeting

2. Analyze tonnage trends

3. MonitorAgreementforkeycompllancerequlremems
4, Preparefor,Attend,andRecapQuarter3andQuartar4LARAMeeUnga

5. Review (3) CAP reports and attend (3) bl-monthly meeUngs w/CalRecycle ti. RevlewHaulerAnnualRateAdjustmentReques)

7. Monitor and Review Publk, Educa(Ion & Outreach

8. Review proposed route audit methodology and resutts

9. ReviewthaCity'sapproachtowards0rganlcsProcurementrequlrement

10. Review the CRy's approach for Tier 1 Edible Food Generator compliance lt Dlsaiss City's appmach forthe Implementation Record

12. Additional compliance tasks as assigned
Hours
Fees
Hourly Rate
8 2
4 2
2 2
3 2
2 25
$ 8,225
* 329
12 4
4 3
8 2
2 -- """2-4
18 16
12 15
12 8
12 12
1€)
8 145
$ 30,460
$ 210
12 2
14 $ 2,690
$ 186
42 22
24 12
20 22
14 10
15 12
14 12
219
m$4998D
35 $ 8,716
$ 249
Expenses f 20
Total Fees & Expanses i !!),000
"Tasks may be perfomied subjectto avalbble budget. Hours may be shifled among tasks and staff.

Prepared by HF&H Consultants, LLC
City of South Gate
6/7/2023
)3 71
Attachment D
AMENDMENT N0. 3 TO CONTRACT N0. 2021-70-CC WITH HF&H CONSULTANTS, LLC., FORSOLm WASTF, MANAGEMENT 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 mutiicipal corporation ("City"), and HF&H Consultants, LLC., a Califomialimited liability company ("Contmctor"). City andContractor are sometimes hereinafter individually referzd to as a '?arty" and collectively as "Parties." WHEiREAS, 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 selectionprocess to procure anew franchise agreement forRec9cling, Orgaics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the agiount of One Hutidred Fifty Thousand Dollars ($150,000);
WHFJIEAS,on toinclude
a scope of work to negotiate with all three sotidwaste andrecycling service provides inresponse 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); WHF,REAS, on July 12, 2022, Amendment No. 2 was approved by the City Council to include a scope of work to perf'omi 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, the City and Consultant 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 semces identified in Exhibit "A" attached hereto, under the tenns and conditions of the Agreement, bringing the aggregate total of the Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 to a tohil sum of Three Hundred Twenty-Six Thousand Three Hundred Eighty-Four Dollars ($326,384).

NOW, THEREFORE, the parties hereby agree as follows:

1. SCOPE OF WORK.

The City hereby engages Contractor and Contractor accepts such engagement to perform the semces set forth in the Scope of Senrices as described in "Exhibit A" attached hereto and made part of this AmendmentNo. 3. The Scope of Services may be mutually amended by both Parties in writing.

2. TERM OF AGREEMENT.

The term of the Agzement is in effect dirough the completion of the tmngition of the new soltd waste fimnchtse agmment between the City and the solid waste hauler which Page l of 3
/'f 72
transition is estimated to be completed by February 28, 2023. The temi is hereby extended thmugh and including June 30, 2023, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement.

COMPENSATION.

The amount of compensatton paid by City toContractor for the work identified in Exhibit "A" shall not exceed Eighty-Six Thousand Seven Hundred E%ht-Four Dollars ($86,784).

EFFECT OF AMENDMKN'lS.

Except as expressly amended herein, all other terms and conditions of Agent shall remain in full force and effect. Without limiting the genemlity of the foregoing, Agreement shall remain unchanged du the term ofA@eement as extended by Section labove. Furthermore,Cityreservesthengbtto.augmentorreducethescopeofworkas City deems necessary,
[Remainder of page left blank intenhonally,]

73 IN WITNESS WHEREOF, the Partieshereto have causedthis AmendmentNo. 3 to beexecuted and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

Al Rios, Mayor
Dated: / '-/ 3 2d21
ATTEST:

Yodit', City Clerk
.VPR(IVEU AS TO FORM:

HF&H CONSULTANTS.LCC.

By: l! WEzzet, Seior Vice President
Dated: 12/7/2o71
Page3of3
74 ,i"-y
City of South Gate
Remaining Tasks Budget Work Plan for TransRlon Aaslstance and Other Support through February 28, 2023 is
%, M
jJ!J!!l i_W at!u Ilfllll'llii xi Ir'llfflll qx N;}$l'i"lM('ffi

1. Transition Assistance
14 Review Fulfillment of Contractor's Obligations
1 B Review and Comment on of UWS and City Transiton Public Education 1C Review Reporting Forms
1 D Review Customer Billing Format and Fee Calculations 1 E Council Meeting Attendance
1 F Bi-Weekly Virtual Transition Meetings and Meeting Notes IG OtherTransitionSuooort
2 e
2 2
1 2
2 11
4 2
22 2
4 2
30 16
4 8
4 44
8 6
24 11
12 4
94 30
Subtotal: Task 1 Hours
Task 1 Faea
Fees In Excess of Budget at October 20, 2022
Total Transition Assistance Fees
13 $ 3,966
22 $ 6,380
78 $ 17,650
68 $ 11,408
iai
$ 39,303
J
=$41,438

2. Other Support
2A CalRecycleSupport(CAP,CalRecyclemeetings)
2B Prepare for, Attend, and Recap Quarkerly LARA Meetlngs 2C Additional Regulatory and Solid Waste Support
2D Reviewing UWS' monthly report submittals
2E Review UWS and Cih Public Education
2 8
4 4
32 5
10 12
12 8
18 4
60 13
10 Subtotal: Task 2 Hours
Task 2 Fees
Hourly Rate
Total Fees
s
$ 306
$ 3,986
8 $ 2,320
$ 290
$ 8,700
55 $ 12,375
$ 225
$ 29,926
32 $ 8,408
$ 169
$ 16,818
95 ,$20103
,$61641
Prepared by HF&H Consultants, LLC 1 10/24/2022
/7 75
City of South Gate
Remaining Tasks Bud( et Work Plan for TransRlon Assistance and Other Supiort through February 28, 2023 I
R 4!)Mx< 16 MI i
ffl
M!affi illll'l Ivllllll-jl
tT-ilil'T ili l'iit nr;t q N4T-ffir'ffi z fflfflWl

1. TransiUon Aasistaru:e
1A ReviewFullillmentoTContractor'sObligations
1 B Review and Comment on of UWS and City Transition Public Education 1 C Review Reporung Forms
1 D Review Customer Billing Format and Fee Calculations 1 E Council Meeting Atkendarce
1 F Bi-Weekly Virtual Transition Meetings and Meetlng Notes IG OtherTransition Support
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
18 78
$ 17,660
4 8
4 44
8 88
$ 11,408
6 24
11 12
4 94
30 181
$ 39,303
$ 2,136
@41,438
22 $ 8,380

2. Other 8upport
2A CalRecycle Support (CAP, CalRecy:le meetings)
2B Prepare for, At!end, and Recap Quarterly LARA Meetings 2C Additional Regulatory and Solid Waste Suppor(
20 Reviewing 11WS' momhly report submittals
2E Review uWS and City Public Education
2 6
4 4
32 5
10 12
12 8
18 4
50 13
10 Subtotal: Taak 2 Hours
Task 2 Fees
Hourly Rate
Total Fees
$
$ 305
$ 3,988
8 $ 2,320
$ 290
$ 8,700
66 $ 12,376
$ 226
$ 29,926
32 @ 6,408
$ 189
$ 16,818
95 ,$20103
$ 61641
Prepared by HF&H Consultants, LLC 10/24/2022
iN 76
% i
City of South Gate
Tasks Budget Work Plan for Other Continued Support March 1, 2023- June 30, 2023 a fl z a a ! !! Fl!a-ffi!l !I '!i a
a Wa Wm m i ffl N a arsr ii:rrr (.

Fm il'lff fi Nt'T-a N4 mtlThl ffli

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 2
44 $ 9,196
$ 209
15 8
84 107
$ 26,243
Prepared by HF&H Consultants, LLC 2 10/24/202!
ll 77
Attachment E
Amendment No. 2
Contract No. 2021-70-CC
AMENDMENT N0. 2
TO CONTRACT N0. 2021-70-CC WITH HF &H

FOR PROFESSIONAL SF,RVICES FOR
ASSISTANCE WITH THE CO:SIPEIlIlVE
PROCUREMENT FOR A SOLm WASTE

CONTRACTOR
This Amendment No. 2 to Contract No. 2021-70-CC for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Amendment No. 2"), is made and entered into on July 12, 2022, by and between the City of South Gate, a municipal corporation ("City"), and HF&H Consultants, LLC., a California limited liability company ("Consultant"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties." RECITALS:

WHEREAS, onMay 11, 2021, the City Council approved Contract No. 2021-70-CC with Contractor ("Agreement") for professional services to develop a Request for Proposal and manage the competitive selection process to procure a new franchise agreement for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services, in the amount of One Hundred Fifty Thousand Dollars ($150,000).

WHEREAS, Amendment No. l included a scope of work to negotiate with all with bee solid waste and recycling services providers in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Orgaics, and C&D Processing Services, in the amount of thirteen thousand dollars ($13,000).

WHERE,AS, the City and Consultant desire to execute AmendmentNo. 2 forprofessional services in the atnount 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, THF,REFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. SCOPE OF WORK
City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Amendment No. 2. The Scope of Services may be mutually amended from time to time by both Parties in writing.

78 Amendment No. 2
Contract No. 2021-70-CC
TERM OF AGREEMENT.

The term of the Agreement shall be extended and will remain in effect tmough the transition of the new solid waste francise agreement between the City and the solid waste hauler, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided in the Agreement, however, terminating no later than June 30, 2023.

COMPENSATION.

The amount of compensation to be paid by City to Consultant for the work identified in Exhibit "A" shall not exceed Seventy-Six Thousand Six Hundred Dollars ($76,600).

EFFECT OF AMENDMENTS.

Except as expressly amended herein, all other terms and conditions of Agreement shall remain in full force and effect. Without limiting the generality of the foregoing, Agreement shall remain unchanged 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 AmendmentNo. 2 to be executed and attested by their respective officers hereunto duly authorized. [Remainder of page left blank intentionally.]

79 ATTEST:

Yodit City Clerk
SEAL)
APPROVED AS TO FORM:

F. Salinas, City Attpzey
Amendment No. 2
No. 2021-70-CC
CITY OF SOUTH GATE:

CONSULT ANT:

Vice President
Date: 7 / /Z h'-ON l

80 Exhibit "A"
2081 Business Center Drive, Suite 265
hvine, California 92612
Telephone: (949) 251-8628
Fax: (949) 251-9741
www.hfh-consu7tants.com
Robert D. Hilton, Emerihis
John W. Famkopf, PE
Laith B. Ezzet, CMC
Richard J. Simonson, CMC
Marva M. Sheehan, CPA
Robert C. Hilton, CMC
July 6, 2022
Mr. Chris jeffers
City Manager
City of South Gate
8650 California Avenue
South Gate, California 90280
Addendum #2 to Professional Services Agreement for Solid Waste Consulting Services Dear Mr. Jeffers:

As requested, we have provided a scope of services and fee estimate to perform solid waste collector transition management services and CalRecycle regulatory compliance assistance for the City of South Gate (City). We have also included a fee estimate of S5,000 to complete our negotiations assistance which outlines the additional tasks peformed which were outside the original scope which have impacted our budget. The total cost for both services is S76,600.

The City selected Universal Waste Systems (UWS) at the Special City Council Meeting on June 27, 2022.

We will initiate the transition management services upon approval of our scope of work and fee estimate, and execution of the new Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services Agreement (Agreement).

We believe that HF&H brings the following qualifications and benefits to the City:

1. We are on industry recognized thought-leader in 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 81 Mr. Chris Jeffers
July 6, 2022

adapting compliance to fit a variety of real-world conditions. Our range of experience supporting California jurisdictions with 58 1383 includes, but is not limited to, strategic planning, cost modeling, sole source and competitive procurements, ordinance development, and engagement in the regulatory process.

3. We identify the individual needs of our clients. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable parties, to set measurable, achievable goals. The purpose of these goals is to meet the specific needs of the community and achieve regulatory compliance while minimizing the financial impact on ratepayers. Again, our experience has helped us develop a vast array of facilitation methods, including online surveys, webinars, live streams, and council workshops. HF&H staff includes SWANA and CRRA certified zero waste instructors.

4. HF&H does not provide solid waste consulting services to waste haulers. HF&H exclusively provides consulting services to municipalities for the better interest of our clients and to avoid potential conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. We believe this independence is particularly important for managing a successful transition of service providers. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials.

Thank you for the opportunity to provide you with this information. We look forward to the opportunity to continue our partnership with the City. If you have any questions, please contact Debbie Morris at (949) 251-1106 or [email protected].

Very truly yours,
;1,.4 <y D '777,,m=L
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 ,,I;)'/82
ATTACHMENT 1
Scope of Work and Fee Estimate to Provide Solid Waste Collector Transition Management and CalRecycle Regulatory Compliance Services

SCOPE OF WORK
The City' new Agreement contains extensive service changes, including a cart for new organics collection at residential premises, mandatory commercial recycling and organics services, as well as many other requirements due to the requirements of Senate Bill 1383. 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 seivice 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 usinB information and documents forwarded to us by the City and UWS.

Task 1A: Review Contractor's Implementation Plan and Schedule, and Af3 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
:lr
83 ATTACHMENT I
TasklB: ReviewandRevisionofPublicOutreachMaterials
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 IE: Bi-Weekly Virtual Transition Meetings
In order to ensure that transition tasks stay on schedu!e 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 Or@anics 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 SB 1383:

July 6, 2022 Page 1- 2 HF&H Consultants, LLC
84 ATTACHMENT I
Review information provided by UWS to confirm that they provide their customers with information on properly separating materials, organic waste prevention, on-site recycling, methane reduction benefits, how to recycle organic waste, self-haul requirements, and edible food donation.

Review public education and outreach information for edible food generators. This information will be 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 I 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 55,000 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 peformed outside of the original scope and fee estimate:
* Individual meetings with the City Council members to review the initial evaluation report and the updated evaluation report.
* Updating the rate revenue analysis, evaluation report and presentation tables to reflect the City's solid rates that go into effect July 1, 2022 under the existing Waste Management franchise agreement
* OneadditionalCityCouncilmeetingtoselectthehaulerpriortoapprovaloftheAgreement.Our scope included one City Council meeting to present the evaluation report, and one City Council for the approval of the final Agreement.

The term for the transition services shall commence upon award of the new waste hauler franchise agreement, anticipated on July 12, 2022, and continue until the available budget is utilized.

July 6, 2022 Page 1- 3 HF&H Consultants, ILC
85 ATT ACHMENT I
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 971,600 plus !95,000 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 (4ultiplied by our hourly billing rates, plus expenses incurred. Payment is due within 30 days of invoicing.

Workplan
0%!!f6 € ffl MffaRl i@ffia
i 3 aW!Fl(- ffll

1. TransRionAssistance I-
1A ReuewContractor'slmplementationPIansandSt.hedule 1 1 B Renew and Re*sion of Transition Public EducaNon 1C ReuewReporUngForri's 1
j D Reuw Custom.r Billing Fornat and Fee Cak.ulaUons 1 1 E Bi-Week)v Virh.al Transition Meetinas _
8 8
4 2
18 8
8 8
4 20
18 18
8 4
26 33
32 21
11 62
Subtotal:TasklHours 3
Task*Fees 916

2. MandatoryCommerclalRecyclingandOrganicsRegu!itionCompllince 2A Prepare public educaUon and outreach mabarials
2B Reviewprogrampartk.ipafion 1
2C Brief Citv on oroaram undates _
38 11,020
2 4
4 48
10,800
2 2
70 11830
8 8
159
34,565
12 13
4 Subtotal:Task2Hours 1
Task2Fees $ 305
10 $ 2,900
4 $ 900
14 $ 2,366
29 $ 6,471
3 SB 1383 Assistance
3A Rev'ew public education and outreach to Tier 4 and Tier edible food generators
3B Prepare annual compliance report
3C Maintain impleri'entaUon records
Subtotal: Task 3 Hours
Task 3 Fees
4 CalRecycle Assistance
4A Prepare Electronic Annual Report
4A Respond to questions from CalRecycle and prepare for and parUcipate in annual meetings
Subtotal: Task 4 Hours
Task 4 Fees
Additional Funds to Complete Negotiation Assistance Hours
Fees
Total Hours
$
$
2 $ 610
6 4
2 6
$ 1,740
4 4
$ 1,160
9 $ 2,690
67 e
8 8
22 $ 4,950
6 4
10 $ 2,250
8 $ 1,800
92 16
40 32
as
$ 14872
16 18
32 $ 5,408
$
204
22 62
42 116
$ 21,662
22 24
48 $ 8,818
19 $ 5,000
389
Hourly Rate
Subtotal
Expenses
Total Fees and Expenses
$ 305
$ 1,830
$ 290
$ 19,410
$ 226
$ 20,700
s isg
$ 34,476 $ 76,416
$ 184
$ 76,600
" t-kiurs my be shifted armng tsks
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
86 Attachment F
Contract No 2021 70-CC
AMENDMENT NO. I
TO CONTRACT N0. 2021-70-CC WITH HF &H

FOR PROFF,SSIONAL SERVICES FOR

ASSISTANCE WITH THE COMPETITIVE

PROCURE,MENT FOR A SOLID WASTE

CONTRACTOR
This Amendment No. 1 to Contract No. 2021-70-CC for Professional Setices for assistance with the competitive procurement for an exclusive solid waste contractor ("Amendment No. 1 "), 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 individuallyreferred to as'a "Party" and collectively as "Parties."
RECITALS:

WHEREAS, on May 11, 2021, the City Council approved Contract No. 2021-70-CC with Contractor ("Agreement") for professional services to develop a Request for Proposal and manage the competitive selection process to procure a new franchise for a 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 semces providers in response to the Request for Proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services.

WHEREAS,theCityandConsultantdesiretoexecuteAmendmentNo. 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, THEREFORE, THE PARTIES HERF,BY 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).

87 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 Agreen'ient 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 Sectionlabove. Furthermore,Cityreservestherighttoaugmentorreducethescope 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 lefl: blank intentionally.]

50 88
Amendment No. 1
ContractNo. 2021-70-CC
CIff OF SO
Cms Jeffers,
GATF,:

Dated:

V
ATTEST:

Yodit City Clerk
(SEAL)
APPROW,D AS TO FORM:

F. Salinas, CityAttomey
CONSULTANT :

B9:

Date:

31 89

EXHIBITA
Managing Tomorrow's Resources
2081 Business Center Dr., Suite 265
Irvine, CA 92612
Telephone: 949/251-8628
www.hfh-consultants.com
Robert D. Hilton, Emeritus
John W. Farnkopf, PE
Laith B. Ezzet, CMC
Richard J. Simonson, CMC
Marva M. Sheehan, CPA
Robert C. Hilton, CMC
May 10, 2022
%(. 4rturo Cervantes, P.E.

Assistant City Manager/Director of Public Works
Ms. Gladis Deras
Senior Engineer
City of South Gate
Department of Public Works
8650 California Avenue, South Gate, CA 90280
Subject: Contract No. 2021-70-CC Request for Additional Funds Dear Mr. Cervantes and Ms. Deras,
HF&H Consultants, LLC (HF&H) appreciates the opportunity to continue to assist the City of South Gate (City) with its competitive procurement for solid waste services.

The City received three proposals from qualified solid waste providers in response to the request for proposals for Recycling, Organics, and Solid Waste Collection and Recycling, Organics, and C&D Processing Services. During the April 19, 2022 City Council Study Session, City Council directed City staff to negotiate with all three proposing companies.

HF&H"s approved Fee Estimate included in Contract No. 2021-70-CC between the City of South Gate (City) and HF&H provides for a budget increase of S6,500 for each additional agreement negotiated above one.

This will increase our budget by 513,000 for a total budget of 5163,000.

The workplan below includes the additional tasks and budget.

Workolan
Analyses of Best and Final Rate Proposals
Update Evaluation Report
Attend One Additional Council Meeting to Select
Proposer for Final Negotiations
Total Hours
Total Fees
Expenses
S 4,896 S 4,640 S 2,700 S 640 S 12,876
S 124
' Hours may be shifted amoung tasks
39-90
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,,tH-it qmffi
Laith Ezzet, CMC
Senior Vice President
Debbie Morris, CMC
Senior Project Manager
91 Attachment G
Contract No. 2021-70-CC

AGREEMENT FOR PROFESSIONAL SERVICES

FOR ASSIST ANCE WITH THE COMPETITIVE PROCUREMENT FOR

AN EXCLUSIVE SOLID WASTE CONTRACTOR BETWEEN
THE CITY OF SOUTH GATE AND HF &H CONSULT ANTS, LLC.

This Agreement for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Agreement"), is made and entered into on May 12, 2021, by and between the City of South Gate, a municipal 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 from time to time by both Parties in writing.

2. COMPENSATION. The total amount of compensation paid by the City to Consultant for this Agreement shall not exceed the sum of One Hundred Fifty Thousand Dollars ($150,000) as described in Exhibit "A." City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to this Agreement. No additional compensation shall be paid for any otherexpenses incuned 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.

92 2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be constnied 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 perfomied by Consultant under this Agreement. Consultant furtherrepresents that inperformance 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 teimination 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:

93 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 manner as it may deem appropriate, services similar to those terminated.

6.2.3 IfthisAgreementisterminatedasprovidedaboveinSubsection6.2.1,City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computation, surveys, models, or other similar documentation prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be 6ven to both completed work and work in progress, to complete and incomplete drawings, andtootherdocumentswhetherdeliveredtoCityorinpossession of Consultant, and to authorized reimbursement expenses.

6.2.4 If, after notice of termination of the Agreement under the provisions of Subsection6.2.l above,itisdetermined,foranyreason,thatConsultantwas 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. I above.

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

6.4 Non-Discrimination.

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

g(o 94
sex, national origin, disabled or age. Consultant will take affimnative 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 iriclude 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 puiposes 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 (1) day prior to beginning of performance under this Agreement:

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

6.5.2 Comprehensive general and automotive liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occunence, 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.
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.

95 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 govemrnents, 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 prescribed by this Agreement.

6.8.2. Indemnification of CalPERS Determination. In the event that Consultgnt 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 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.

96 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, from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices, or of any acts or omissions by Consultant in connection with the work performed arising from this Agreement.

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

6.11 Legal Construction.

6.11.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California, without regard to conflict of law principles.

6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of the same, and any rule of 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.

97 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 maru'ier, 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 ofsuch Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

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

14098

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 connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorney's fees and costs in addition to all otherrelief 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 bythis 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 Califorriia Avenue
South Gate, CA 90280
E-ITlalL acci'vantcs.or=i
WITH COURTESY COPY TO:

City of South Gate
Carmen Avalos
City Clerk
8650 California Avenue
South Gate, CA 90280
E-mail: cavalos(<t..sovate.orti
TO CONSULT ANT:

HF&H Consultants, LLC.

Laith Ezzet, CMC
Senior Vice President
19200 Von Karman Avenue
Suite 360
Irvine, CA 92612
E-mail: leit.zct(a litli-consultams.con'i

t/J 99

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

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

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

6.24 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all Parties herein.
[Remainder of page left blank intentionally]

100
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
B)/:

Al Rios, Mayor
Dated: 6(: - 62-- 2/
ATTESTED:

BY:

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

By:

F. Salinas, City Attorney
HF &H CONSULT ANTS, LLC:

B7:
earth Ezzet. Senior Vice President
Dated:
.5'/J/z'o Z /

L/3101
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City of South Gate Fee Estknate
Fee EsUmate - Competitive RFP Process
We wall perform the scope ofwork for the competitive procurement submltted to.the City ofSouth Gate on February 25, 2019, b'ased on time and materials, The estimated total budget is S150,(100. Our actual costs could be higher or lower than tms amount, depending on the complexity of the Cltya s contracting process,the numberofproposals to be evaluated, the number of negotiation sessions requtred,and other ractois that Cannot be preclsely estimated In advance The proposed work plan includes preparation of an integrated resldentlal and commerdal RFP, gathering operatlng data, SOlldting proptsalS, conducting a pre-proposal conferencei evaluatlng up tO four proposals, participat!ngln thenegotiation sessions identified in theWork plan, and firiallxlngan agreement wlth one proposer. Should more than four proposals be submitted, we estimate that the budget will Increase by 65,900 per proposal. If agreements are flnatized With more than One proposer, Our COSt Wlll Increase by S6,500 for each additional agreemerlt.

The workplan on the next page Itemizeshoursbytask andstaffclasslflcatlon. Hours maybeshifted among tasks and staff.

Apdl 20, 2021 Page 3 HF&H Consultants, LLC
5?-
102
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aty of South Gate Fee Estlmate
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April 20, 2021 Page 4 HF&H Consultants, LLC
103
Contract No. 2021-70-CC

AGREEMENT FOR PROFESSIONAL SERVICES

FOR ASSIST ANCE WITH THE COMPETITIVE PROCUREMENT FOR

AN EXCLUSIVE SOLID WASTE CONTRACTOR BETWEEN
THE CITY OF SOUTH GATE AND HF &H CONSULT ANTS, LLC.

This Agreement for Professional Services for assistance with the competitive procurement for an exclusive solid waste contractor ("Agreement"), is made and entered into on May 12, 2021, by and between the City of South Gate, a municipal 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 from time to time by both Parties in writing.

2. COMPENSATION. The total amount of compensation paid by the City to Consultant for this Agreement shall not exceed the sum of One Hundred Fifty Thousand Dollars ($150,000) as described in Exhibit "A." City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to this Agreement. No additional compensation shall be paid for any otherexpenses incurred unless first approved in writing by the Director of Public Works.

2.1 Consultant shall be required to attend meetings at City Hall as necessaiy 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.

t/k104

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 turtherrepresents that inperformance 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:

!7 105
a.
b.

If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extensiori 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 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, 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. l 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-Discritnination.

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

106
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.
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 tirty (30) days prior written notice to City of such cancellation or material change."
Cover the operations of Consultant pursuant to the tei'ms of this A greement.

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6.6 Indemnification. Consultant agrees to indemnify, defend and hold harnnless 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 govemrnents, 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 wanants 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 A greement.

6.8.2, Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any 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 licerise 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.

108

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 persoru'iel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.

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

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

57109

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 enor 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 A@eement 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, inespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

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

110

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 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 attomey's fees and costs in addition to all otherrelief 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 California Avenue
South Gate, CA 90280
E-mail: accrvantcs.orq
TO CONSULT ANT:

HF&H Consultants, LLC.

Laith Ezzet, CMC
Senior Vice President
19200 Von Karman Avenue
Suite 360
Irvine, CA 92612
E-mail: le,a.zct(a litli-consultants.con'i
WITH COURTESY COPY TO:

City of South Gate
Carmen Avalos
City Clerk
8650 California Avenue
South Gate, CA 90280
E-mail: cavalos(<i.sosite.orp

111

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

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

6.23 Interpretation Against Drafting Party. City and Consultant ayee that they have cooperated in the review and draffing 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]

112
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF SOUTH GATE:

BY:

AI Rios, Mayor
Dated: 6(i - 6 "' 2'
ATTESTED:

By:
(SEAL)
APPROVED AS TO FORM:

By:

F. Salinas, City Attorney
HF &H CONSULT ANTS, LLC:

By:
earth Ezzet. Senior Vice President
Dated:
.5'{?o/2oZ /

113
-l-d"\tb"
City or South Gate Fe4,EStlmate
pee EsUmate - CompeUt*ve RFP Process
We will peform the scope ofwork for the competitive procurement submitted to the City of South Gate on February 25, 2019, based on time and materials, The estimated total budget 15 S150,000. Our actual costs could be higher or lower than this amou-nt, depending on the complexity of the City's comracting process, the numberof proposals to be evaluated, the number of negotiation sessions required, and other factors that cannot be precisely estimated n advance
The proposed work plan includes preparation of arl integrated residential and commercial RFP, gathering operatlng data, solkiting proposals, conductlng a pre-proposal conference, evaluatlng up to four proposals, participating1nthenegotiationsessionsidentified in theworkplan, and finallzingan agreement with one proposer. Should more than four proposals be submltted, we estimate that the budget wili Increase by S5,900 per proposal. If agreements are finalized with more than one proposer, our cost will increase by96,500 for each additional agreemerlt.

The work plan on the next page Itemizes hours bytask andstaffclasslflcatlon. Hours may beshifted among tasks and staff.

Apdl 20, 2021 Page 3 HF&H Consultants, LLC
5?-
114
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,aty of South Gate Fee Estlmate
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April 20, 2021 Page 4 HF&H Consultants, LLC
3T
115
Item No. 7
.iUt. ! 7 20?';

CITY COUNCIL

AGENDA BULL
Department I)irector:

For the Regular Meeting ofi July 23, 2024
a a a Department: Public Works
Ciffl Manager:
o erv Rob Houstort
SUBJECT: APPROVE EXTENSION TO CONTRACT N0. 2021-92-CC WITH GENERAL PUMP COMPANY, INC., FOR ON-CALL MAINTENANCE SERVICES FOR

THE MUNICIPAL GROUNDWATER PRODUCTION SYSTEM
PURPOSE: To approve a contract extension of one year to continue on-call maintenance services with General Pump Company, Inc., ("General Pump") to perform urgent and emergency repairs on the municipal groundwater production system when the need arises.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving extension of Contract No. 2021-92-CC with General Pump Company, Inc., ("Agreement") for one additional year to fund urgent and emergency repairs on the municipal groundwater production system, for a not-to-exceed amount of $100,00(; and b. Authorizing the Assistant City Manager to issue a letter to General Pump Company, Inc., FISCAL IMPACT: There is no fiscal impact to the General Fund. The proposed contract extension was budgeted in the Fiscal Year 2024/25 0perating Budget in the amount of $100,000 in Water funds.

Period Amount Fiscal Year of
Appropriation
Year I $ioo,ooo 2021/2022
Year 2 $100,000 2022/2023
Year 3 $100,000 2023/2024
Year 4 $100,000 2024/2025
Total $400,000
ANALYSIS: WaterproductionfacilitiesontheCity'smunicipalwatersystemaremaintainedby City crews, with support from contractors. From time to time, ISSUES arise that require the repairs to be completed on an emergency or urgent basis by specialized contractors. Under the Agreement, General Pump has been the City's specialty contractor for three years for the groundwater production facilities. General Pump has been responsive and provides services timely, with quality workmanship and competitive pricing. The contract expires on July 31, 2024; however, it provides l
116
for two one-year extensions. It is recommended to extend the contract for one year through July 31, 2025.

The contract extension provides for fixed pricing based on time and material work and a rate increase for the time extension according to the Construction Cost Index ("CCI") of "Engineering News Record" as applicable to the Los Angeles Region and subject to the approval of the Owner.

Staff plans to issue a notification letter (Attachment "A") to General Pump on the approval of the extension.

BACKGROUND: The City's municipal groundwater production system is equipped with eight active water wells, four reservoir sites and booster pump stations. The services of a specialty contractor are sometimes necessary on an expedited basis to perform urgent and emergency repair work related to pumps, electrical panels, well casing inspection, cleaning, and flow testing. On- call service contracts allowthe Public Works Departmentto respondtimely andminimizepotential services interruptions.

On July 13, 2021, the City awarded the Agreement to General Pump to perform urgent as-needed repairs on the City's municipal groundwater production system in the amount of $300,000, or $100,000 annually. The contract expires July 31, 2024. A contract extension is proposed to 'fund one additional year of on-call services in the amount of $100,000 annually.

AT TACHMENTS: A. Notification to General Pump Company, Inc.

B. ContractNo. 2021-92-CC
CC/AA:lc
2 117
Attachment A
July 24, 2024
Via E-Mail
General Pump Company, Inc.
159 N. Acacia Street
SanDimas,California 91773
Attn: Michael Bodart, President
[email protected]
Re: Exercise of Option to Extend Term of Contract No. 2021-92-CC Behveen City of South Gate and General Pump Company, Inc.

Dear Mr. Bodart:

Pursuant to Section 3 of the July 13, 2021 Agreement for On-Call Municipal Well Maintenance Services, City Contract No. 1012-92-CC ("Contract"), entered into between the City of South Gate ("City") and General Pump Company, Inc. ("Contractor"), the City hereby exercises its option to extend tlie ten'n of the Contract for one (1) additional year, for an extended term of August 1, 2024 through July 31, 2025. Per the terms of the Contract, compensation payable by the City to Contractor during that extended one-yearterm shall not exceed One Hundred Thousand Dollars ($100,000.00).

At a regularly scheduled public meeting of the South Gate City Council conducted July 23, 2024, the City Council approved the City's exercise of the option to extend the term of the Contract for the one-year period specified above.

We note that Section 3 of the Contract contains a second option which, if exercised by the City, will further extend the terin of the Contract for an additional year beginning August 1, 2025. The City is not yet exercising that second option, but reserves the right to do so at any time prior to August 1, 2025.

Sincerely,
Arturo Cervantes, P.E.

Assistant City Manager / Director of Public Works Attachment: Fee Schedule
cc: City Clerk's Office
118
Exhibit A - Fee Schedule

BID SCHEDULE
ON-CALL MUNICIPAL WELL M_AINTENANCE
No. Description Unit Unit Piice
1 Mobilization and Set Up and Demobilization Each $ 600 2 Video Camera Srirvey Each $ 1,200
3 Wire Brush and Bail Well Per HR $ 450
4 Well Development by Surge Block and Air Li'Jt; conduct surge block and air-lift well development, and dispose of primped water.

Per HR 650
5 Discharge Compliance with Appx. 600 feet of Temp Piping and Baker Tank Each $ 7,200
6 Well Development by Surge Block and Air Lift Per HR $ 650 7 Install Pump (200 HP) for Well Development and Testing Lump Srtm $ 8,900
18 Well Redevelopment Pumping Per HR $ 150
--9- -S-tep-Di-awdown-Test- -- - -- - --- -- - --- --- ----P-erH-R- - -$- -1-5-0- - 10 Constant Rate Discharge Test Per HR $ 150
11 Spinner Flowmeter Logging Lump Sum $ 4,300
12 Pump Removal and Inspection (up to 250 of column depth) lmp Sum $ 8,900
13 Well Disinfection (Well Depth 1,000 feet, 18" Dia.) Lump Sum $ 1,ZOO 14 Site Security, Safety and Noise Compliance Lump Sum $ 500 I 15 Reconnect all the Electric Wiring Per HR $ 200 16 I
Pulling and Installation by Two Workers, Rig, and Service Truck Per HR $ 450
117
Each Additional Rig Helper Per HR $ 75
P -5
119
Bm SCHEDULE

ON-CALL MUNICIPAL WELL MAINTENANCE
No. Description Unit Unit Price
I 18 Well Cleanout Work; Cable Tool Method; Two
Workers, Rig and Sei'vice Tnick Per HR $ 200
l-
Well Cleanorit Work; Airlift Method, Two Workers, Rig, and a Service Tnick Per HR $ 210
20 Air Compressor Charge 600 CFM or Larger Per HR $ 50 Labor Rates
121
Crane 40 to 50 Ton with One Operator Per HR $ 300
I 22
I
Rotary Crane 12 to 39 Ton with One Operator Per HR $ 280 i 23
I
Hydraulic Crane 5 to 12 Ton with One Operator Per HR $ 85 I
24 Field Service, Service Man and Delivery Truck Per HR $ 75 25 Field Sei'vice, Service Man and Service Truck Per HR $ 170 26 Field Service, One Worker and Welding Truck Per HR $ 170 _2!_'7_ ___ _Fiel4S_ezice:_Elec_trician- ---- ---- --- -- -- P-sr-H-R--- - -$-- -sgo-- - - 28 Sliop Labor: General Shop Work Per HR $ 75
29 Shop Labor: Premium Shop Work Per HR $ 115
30 Shop Labor: Machine Shop Work Per HR $ 115
31 Shop Labor: Metal Spray Labor Per HR $ 75
32 Shop labor: Welding Shop Work Per HR $ 75
33 Engineering Per HR $ 75
i34
Hydrogeologist , PerHR $ 75
35 Video Logging, dual camera-VHS and DVD Per HR $ 1,200 I 36 Travel Time: to and from job site per man Per HR $ 75 37 Operator Overtime: Weekdays Per HR $ 75
P -6
120

BID SCHEDULE

ON-CALL MUNICIPAL WELL MAINTENANCE
No. Description Unit Unit Pi'ice
I 38 Operator Standby Time Per HR $ 75
' 39 Cost of fiirnishing both Perfoimance and Labor Bonds (As a percentage of Contract Amount) Percentage 2% % I
I
Attach yorir firm's standard rate schedule for labor, materials, and equipn'ient. (See Note 2 below) Attached Please specify if a minimum time is billed for each call if reqriested by the City to report to Work:
2 Horirs.

Notes:

1. Unit Rates in the Bid shall include mark-ups, overhead, and profit.

2. The rates shown on the firm's standard rate schedule shall include mark-ups, overhead, and profit. If in case the standard rate schedule does not include mark-ups, overhead, and profit, append an attachment showing the necessary allowances for mark-ups, overhead, and profit.

A contract entered with Bidder may be extended for rip to two separate, consecutive periods of one year eacli at the option of the Owner. The maximum percentage rate increase for extension will be according to the "Construction Cost Index of Engineering News Record" as applicable to the Los Angeles Region and subject to the approval of the Owner:

Bidder acknowledges that Owner may enter contracts with more than one Bidder. Owner does not promise or guarantee that Contractor's services will be called upon at any time or at all.

CONTRACTORS WILL BE SELECTED THROUGH THE EVALUATION OF CONTRACTOR'S QUALIFICATIONS AND Bm BASED ON APPLYING LABOR, MATERIAL, AND EQUIPMENT RATES IN THE BID TO A SAMPLE JOB. THE

CONTRACTORS WILL THEN BE AWARDED CONTRACTS AND PLACED ON THE

ON-CALL LIST IN AN ORDER DETERMINED BY THE LOWEST BID Accompanying this proposal is the bidder's security consisting of Bid bond payable to the City of South Gate in the amount of $10,000 and the undersigned bidder hereby agrees that shotild he be awarded a contract on the basis hereof, and thereafter fails to properly execute and return the contract agreement together with the reqriired bonds in connection therewith within ten P -7
121
Thmp.m
159 N. ACACIA STREET - SAN DIMAS, CA 91773
PHONE: (909) 599-9606 - F AX: (909) 599-6238
CAMARILLO, CA 93010 - PHONE: (805) 482-1215
www.genpump.com
WELL & PUMP SERVICE SINCE 1952
Serving Southern California aiid Central Coast
Lic. #=496765
Standard Rate Sheet
(Effective September 01, 2023)
Fi4j4
4-Man Crew, 40-Ton Crane, Crane Suppoit Rig and Flatbed Tiuck............................ $ 1,000.00 / Hr 3-Man Crew, Pump Rig, and Flatbed Tnick.. ........ ............... .......................... .. ........ $ 700.00 / Hr 2-Man Crew, Pump Rig, and Flatbed Tnick... ...... ....... .. ........................... ....... ..... $ 530.00/ Hr 2-Man Crew, 40-Ton Crane, and Crane Support Rig.............................. ..................$ 670.00/Hr 2-Man Crew and Stinger Crane (Up to 17-Ton)..... ............. .............. ......... ........ ....... $ 475.00 / Hr 1-Man and Stinger Crane (Up to 17-ton) ............. ........................... ..... ............$ 325.00/Hr 1-ManandFlatbedTruck.............. ...... .... ........ ..............................................$200.00/Hr 1-Man and Service Truck (%mp Meclianic or General Set-vices)........ ...... . ........... $ 210.00/Hr Pipeline Fabricator........ .... ... .... ........ ....... ........ ...... .......... ..... .. .... .. . ... ..... $ 220.00 / Hi' Electrician/ControlsandInsti'umentationSpecialist............................................ ..$220.00/Hr AdditionalHelper....... ................. ................................. .............. ....... ...............$ 140.00/Hr Overtime or Saturdays.......... ................. .. . . ... . ...... ......... .Add $ 70.00/Man/Hour SundaysorHolidays .............. ................. .................. ...........Add$ 140.00/Man/Horir VideoLog-ColorwitliDownholeandSide-Scan..................... ........ .............$ 1,400.00/EA Adder: Dynamic Video with Mini Camera..... .. .... .......... . ............. .. ........ .. $ 650.00 / EA Shop Labor - Pump Mechanic, Machinist, or Welder. .$ 125.00 / Hr Special Equipment & Services
Airburst Techi'iology and Operator (First Day - Does not include rig and crew).............. $11,500.00 Each Additional Day..... ................ .. ..... . ..... . ...... .............. ..... ....... $ 8,500.00 Chlor-Jet and Operator (First Day - Includes chemistiy, tanks, and hoses)...................... $ 29,500.00 Each Additional Day............. ........... .... ...... ... ............ ....... ...... ....... $ 6,000.00 Test Pump VFD rental and quick-connect cables (Up to 200HP)............................$ 1,500.00/Week Test Pump X7FD rental and quick-coniiect cables (Up to 500HP)............................$ 1,800.00 / Week Chemical Distribution Trailer with Safety Equipment...... .. ....... .... ................ $ 2,500.00/Week 375 CFM Compressor (Includes transpoit and fuel).... ........................ ...........$ 2,800.00 / Week Temporaiy Hose, Trash Pump, and 4" Tremie Pipe ........ ..... . ...... ........ ......... .$ 1,500.00/ Job Mobile Sanitation Equipment............ ...... ... ... .... ............. .... ................$ 600.00/Job Overnight Security...... ..... ...... ...... ................................. ..........................$ 750.00 / Night EngineeringandHydrogeologySupport........ ..... ........ ................................ ...PerJobBasis

ALL FIELD RATES ARE PORTAL TO PORTAL
For additional information on General Pump Company, Inc.

Or to speak with one of our qrialified Engineers, please contact us at: [email protected]
122
Attachment B
Contract No. 2021-92-CC

AGREEMENT FOR ON-CALL MUNICIPAL WF,LL MAINTENANCE SERVICES

BETWEEN THE CITY OF SOUTH GATE AND
GENERAL PUMP COMPANY, INC.

This Agreement for On-Call Municipal Water and Sewer Systems Maintenance Services ("Agreement") is made and entered into on July 13, 2021, by and between the City of South Gate, a municipal corporation ("City") and General Pump Company, Inc., a Califomia corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECIT ALS
WHEREAS, City desires to retain Contractor for On-Call Municipal Well Maintenance Services ("Maintenance Services");
WHEREAS, Contractor warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the Maintenance Services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Contractor to perform the Maintenance Services described in the Proposal attached hereto as Exhibit "A" of this Agreement, on an as-needed basis.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. SCOPE OF WORK. The City hereby engages the Contractor, and the Contractor accepts such engagement, to perform the Maintenance Services ("Work") identified in Exhibit "A" hereto on an as-needed basis. The type of Work to be performed to maintain City's wells ("City Facilities") are also identified in Exhibit "A" hereto. The Work shall iriclude all the terms and conditions of Contractor's proposal dated April 19, 2021 ("Proposal"), which shall be attached as part of Exhibit "A" and which is incorporated herein by this reference; provided, however, that to the extent the Proposal conflicts with anything else in this Agreement, the terms of this Agreement shall control.

2. COMPENSATION. The maximum amount of compensation that City may pay to Contractor hereunder, pursuant to this Agreement, shall not exceed One Hundred Thousand ($100,000) annually or Three Hundred Thousand Dollars ($300,000) in total, which shall be the maximum compensation for the Work requested on an as-needed basis. A more detailed description of the compensation payable to Contractor hereunder, including unit prices, monthly payments, and/or other information, conditions and limitations, are set forth on the Fee Proposal attached hereto as Exhibit "A". Except as may be specifically set forth in Exhibit "A", or approved by the City in writing on a case- by-case basis, Contractor shall not be paid hereunder for any travel time in the performance of the Work. Except as otherwise provided in Exhibit "A", on or before the twentieth (20'h) day of each calendar month following the commencement of the Work, Contractor shall file its request for payment, accompanied by evidence satisfactory to the City justifying the request for payment, including a report of Work accomplished and tasks completed in the I
.4greement for On-Call Aifunicipal Well Maintenance
123
Contract No. 2021-92-CC
previous month, and an itemization of eligible expenses with copies of receipts and invoices. If, after review by the City, the Work is found to be unacceptable, Contractor, at its expense, shall expeditiously correct such unacceptable Work. If Contractor fails to correct unacceptable Work, the City may withhold from any payment due an amount that the City reasonably believes will equal the cost of correcting the Work. Subject to the City's right to reject all or any part of the charges set forth in such invoice as provided herein, the City shall pay Contractor the amount of such invoice within thirty (30) days of receipt and approval of such invoice.

TERM OF AGREEMENT. The term of this Agreement ("Term") shall be for three (3) years, and shall commence on Augustl, 2021, and shall tertninate on July 31, 2024, unless teiminated sooner pursuant to the provisions of Sections 11.4, 16 or 17, below. At the conclusion of this three-year period, the City at its option, and with City Council approval, may renew this Agreement for up to two consecutive periods of one year each, beginning August 1, 2024 and August 1, 2025. This Agreement shall not be automatically renewed or extended. Performance by Contractor of any Work fol)owing said termination date shall be prohibited unless expressly agreed to in writing. Contractor shall not be entitled to compensation therefore, in the absence of a written agreement pertaining to such additional Work executed by the City and Contractor pursuant to Sections 20.11 or 20. 15 below.

COMMENCEMENT OF THE WORK. The execution and deliveiy of this Agreeirient by the City and Contractor does not constitute an authorization for Contractor to proceed with the Work. Contractor shall commence performance of the Work within seven (7) days after the City issues to Contractor a written notice, signed by the City's Director of Public Works ("Director"), instructing Contractor to proceed with the Work. Contractor represents and warrants to the City that Contractor will be able to commence the Work within that time in compliance with all requirements of this Agreement, inc)uding without limitation those set forth in Sections 6, 7, 8, 10 and l5 below.

INSPECTION OF WORK. The Director and his designees shall have the right to review and inspect the Work performed by Contractor hereunder at any and all times, with respect to the quality of the Work and Contractor's conformance to the terms of this Agreement, pursuant to the City's established review and approval procedures as the same may be amended from time to time. Without limiting the City's rights under Section l above, if the Director or his designee determines as a result of any such inspection that any aspect of the Work is unsatisfactoiy for any reason (including without limitation failure to meet the performance standards specified in Section 8 below), then Contractor shall promptly correct the Work at no additional cost to the City.

SOUTH GATE BUSINESS LICENSE. Without limiting the generality of Section 8 below, Contractor shall obtain a City of South Gate business license before perfortning any Work under this Agreement.

CONTRACTOR MUST PAY PREVAILING WAGES TO ITS EMPLOYEES. This Agreement is a public works contract. As such, pursuant to regulations established by the California Department of Industria) Relations and codified at 8 CCR §§ 16000 and 16001(f), Contractor's performance hereunder is subject to Contractor's compliance with 2 ,4greement for On-Call Municipal Well Maintenance
124
Contract No. 2021-92-CC
prevailing wage rate payment requirements under California Labor Code § 1771.

Contractor must pay "prevailing wages" to all personnel employed by Contractor who perform any portion of the Work. Infotmation regarding prevailing wage detenninations can be found on the Department of Industrial Relations' web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htin. It is Contractor's responsibility to interpret and implement any prevailing wage requirements. Contractor agrees to pay any penalty or civil damages resulting trom a violation of prevailing wage laws with respect to this Agreement. The City advises Contractor to familiarize itself with those laws, including without limitation those set forth at California Labor Code §§ 1720 through 1861, inclusive.

PERFORMANCE STANDARDS AND REQUIREMENTS. Contractor shall perform and complete the Work promptly, diligently, and in a manner satisfactory to the City.

Contractor shall fumish all equipment, tools, materials, labor and other services necessary to fully and adequately perform the Work, and shall pay all applicable fees and expenses associated therewith. Contractor and its subcontractors shall perform all acts required to complete the Work under this Agreement (i) in a skillful and worktnanlike manner, (ii) consistent with the standards generally recognized as being employed by other maintenance companies in the State of California, and (iii) in accordance with all federal state and local laws, regulations and ordinances applicable to the operation of Contractor's business and to its performance of the Work under this Agreement. Contractor warrants that (a) all of its employees and subcontractors shall have sufficient skills and experience to perform those portions of the Work assigned to them, (b) they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and (c) such licenses, permits, qualifications and approvals shall be maintained throughout the Term of this Agreement.

INDEPENDENT CONTRACTOR. In performing its duties hereunder, Contractor shall at all times act as an independent contractor. Contractor shall complete the services required of it hereunder according to its own means and methods of work, which shall be in the exclusive charge and control of Contractor and not subject to the control or supervision of the City except as to the results of the work and except as otherwise specifically set forth in this Agreement. In no event shall Contractor have any authority or power under this Agreement to incur any debt, obligation or liability on behalf of the City.

Neither Contractor nor its employees are employees of the City, and nothing in this Agreement shall render Contractor an employee, partner, agent of, or joint venturer with the City for any purpose. Neither Contractor nor its employees shall represent themselves as employees of the City. Personnel employed or subcontractors retained by Contractor shall not acquire any rights or status regarding the City. Neither Contractor nor its employees shall have any claim against the City hereunder or otherwise for salary, vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

Contractor is responsible for complying with all obligations of an employer imposed under federal or state law. The City shall not withhold Social Security and Medicare taxes from any payments made to Contractor hereunder, nor shall the City make any such paymems on Contractor's behalf. The City shall not make state or federal unemployment 3 .4 greement for On-Call i'vhrnicipal Well Marntenance 125
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contributions on Contractor's behalf or withhold state or federal income tax from Contractor's payments hereunder. Contractor shall pay all applicable taxes related to the perforinance of services under this Agreement including al) federal, state or local income, Socia) Security, Medicare, and self-employment taxes. Contractor will also pay all unemployment contributions for its employees related to the performance of services under this Agreement. Neither Contractor nor its einployees or contractors are eligible to participate in any employee, pension, health, vacation pay, sick pay or other fringe benefit plan of the City. Contractor shall complete and submit to the City an [RS Forin W-9 and acknowledges that the City will issue to Contractor an IRS Form 1099 for non-employee compensation for all payments for the Work rendered hereunder. Contractor agrees to indemnify and hold the City harmless from and against any and all liability arising from any failure of Contractor to pay any income or other tax when due on account of the compensation paid to Contractor by the City hereunder (and Contractor's obligation to indemnify the City under this Section 9 shall survive the expiration or sooner tertnination of this Agreement).

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

Contractor will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Contractor to perfortn 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. Contractor shall include the foregoing non-discrimination provisions in all solicitations or advertisements placed by or on behalf of Contractor for personnel or subcontractors to perform any services under this Agreement. Upon written request, the City shall have right to inspect and have access to all of Contractor's (and its subcontractors') documents, data and books and records for purposes of detemiining compliance with the equal employment opportunity and non-discrimination provisions of this SectionlO. Contractor agrees that all applicable provisions of Executive Order No. 11246 shall be incorporated into this Agreement by this refererice. A copy of Executive Order No. 11246 is available to Contractor for inspection and on file with the City's Public Works Department.

11. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES. In addition to the other representations and warranties set forth elsewhere in this Agreement, Contractor hereby represents and warrants to the City as follows:
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11.1 Familiarity with Work. Contractor has thoroughly investigated and considered the scope of services to be perfoimed hereunder, has carefully considered how that Work should be perfoimed, and understands the circumstances which may restrict or otherwise impact Contractor's performance of the Work under this Agreement.

11.2 Site Inspection. Contractor has visited each of the City Facilities where the Work is to be performed and is fully acqciainted with the conditions existing at such sites.

11.3 No Solicitation. Contractor has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement.

11.4 No Fees, Commissions, Gifts or Other Consideration. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement.

Upon such breach or violation of this warranty, the City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

11.5 No Conflict of Interest by City. Contractor has no knowledge that any officer or employee of the City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time, a complete written disclosure of such interest will be made to the City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.

11.6 No Conflict of Interest by Contractor. Upon execution of this Agreement, Contractor has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of Work required by this Agreement, nor shall any such interest be acquired during the Term of this Agreement.

12. NON-EXCLUSIVITY. The City does not warrant to contract-exclusivity with a single contractor to perform the type of maintenance services which Contractor is performing under this Agreement. As such, Contractor may not be the only company providing maintenance services to the City. The City reserves the right to enter into similar contracts with third parties for maintenance services in areas of the City other than the City Facilities identified in Exhibit "A" which are the subject of this Agreement.

13. NO ASSIGNMENT. Contractor shall not assign, delegate, or subcontract its duties or rights hereunder, either in whole or in part, withoutthe priorwritten consent ofthe Director, which may be granted, conditioned or withheld by the Director in his sole and absolute discretion. This prohibition shall not apply to subcontracts and subcontractors identified by Contractor to the City in connection with any formal bid documents submitted by 5 .4 greement for On-Call irfrmicipal Well Maintenance 1"7- 127
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Contractor to the City in connection with the City's award ofthis Agreement to Contractor.

Any proposed delegation, assignment or subcontract shall provide a description of the services to be covered, identification of the proposed assignee, delegatee or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreeinent with an assignee, delegatee or subcontractor shall include both (a) the amount invo)ved, together with Contractor's such cost or price; and (b) a provision requiring that any subsequent modification or ainendment shall be subject to the City's prior written consent. Any assignment, delegation or subcontract shall be made in the name of Contractor and shall not bind or purport to bind the City and shall not release Contractor from any obligation under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegatees and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to Contractor under this Agreement.

14. PUBLIC EMPLOYEES RETIREMENT SYSTEM. Notwithstanding any other local, state or federal policy, rule, regulation, law or ordinance to the contrary, neither Contractor nor any of its employees, agents or subcontractors shall qualify for or become entitled to - and each hereby agrees to waive any claims to - any compensation, benefit or incident of employment by the City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee ofthe City and entitlement to any contribution to be paid by the City for employer contribution and/or employee contributions for PERS benefits. Without limiting the generality of Section9 above, if Contractor or any employee, agent or subcontractor of Contractor claims (or is determined by a court of competent jurisdiction or by PERS) to be eligible for enrollment in PERS as an employee of the City, then Contractor shall directly pay (or at the City's option reimburse the City for the City's payment of) any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, and pay (or at the City's option reimburse the City for the City's payment of) any penalties and interest on such contributions which would otherwise be the responsibility of the City.

15. INSURANCE. During the Term of this Agreement, Contractor shall at its expense maintain in Ml force and effect policies of insurance as required by Sections 15.1 through

15.4 below:

15.1 Propeity Damage/Casualty Insurance. Depending on the nature of the City Facilities which are the subject of this Agreement, the City may require a policy or policies of insurance covering loss or damage thereto, in amounts deemed necessaiy by the City to cover the full replacement cost of those City Facilities.

Said insurance shall provide protection against all perils typically included within the classifications of "all-risk", "fire legal liability", and "personal injury" insurance.

15.2 Liability Insurance. Liability, bodily injury, personal injury and property damage insurance with a combined single )imit of One MiHion Dollars ($ 1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the annual aggregate, insuring against any and all liability of the insured with respect to the Contractor's 6 .Agreemenl for On-Call i}funrcjpal Well Ar[aintenance 12) 128
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performance of (or failure to perfomi) its obligations under this Agreement. Each such policy shall be in the form of an Insurance Services Office ("ISO") Commercial General Liability Insurance policy. an ISO Comprehensive General Liability lnsurance policy with Broad Form General Liability endorsement, or in anysimilar,commerciallyreasonableform. Withoutlimitingthescopeofcoverage to be provided thereby, all SLICII insurance shall specifically insure Contractor's performance of the indemnity provisions contained in Section 19 below as to liability for injury to or death of persons and injury or damage to property.

15.3 Worker's Compensation Insurance. Workers' Compensation Insurance as required by California law. This insurance must include (in the policy itself or by endorsement) a Waiver of the Right of Subrogation for General Liability against the City.

15.4 Automobile Liability Insurance. Automobile Liability lnsurance, including owned, non-owned and hired vehicles, with at least the following limits of liability:
(a) Primary Bodily Injuiy with limits of at least $1,000,000 per person, $2,000,000 per occurrence, and (b) Primary Property Damage of at least $1,000,000 per OCcurrence

15.5 Qualifications of Insurers. Each policy shall be issued by an insurance company having a "Best's Rating" of at least A and having a "Financial Size Categories" rating of at least Vlll in the most current edition of "Best's Insurance Reports" issued by A.M. Best Company. In addition, each policy shall be issued by an "admitted" insurance company (i.e., one that is qualified and licensed to do business in the State of California).

15.6 City to be Named as Additional Insured Party. All policies (other than worker's compensation insurance policies) must include an Additional Insured Endorsement (CG 20 10 11 85) naming the City and its agents as an additional insured on the applicable insurance coverage with respect to the City's and its agent's interests under this Agreement.

15.7 Primary Insurance. Insurance obtained pursuant to this Section 15 shall be primary insurance, and other insurance (if any) maintained by the City shall be excess of Contractor's insurance and shall not contribute with the insurance required hereunder.

15.8 Blanket Policies. Any or al) policies to be obtained by Contractor hereunder may, at Contractor's option, be provided under a separate policy covering only the items and matters to be insured under this Agreement, or included in one or more blanket policies covering not only those items and matters but also additional property and matters owned or otherwise insured by Contractor. All such combined or blanket policies must, however, comply with each and every provision of this Sectionl5.

15.9 Restrictions on Cancellation and Reduction. Each insurance policy required hereunder shall specify that the insurance company issuing the policy will give the 7 .4greement for On-Call rS-hrnicipal kVell Maintenance l'i 129
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City at least thirty (30) days' written notice prior to the effective date of (a) any cancellation, interruption or lapse of coverage, and (b) any reduction in the amount, type or extent of coverage.

15.10 Waivers of Subrogation. The parties release each other from any claims for dainage to any person or property, and to the fixtures, personal property, improvements, and alterations thereon that are caused by or result from risks insured against under any insurance policies carried by Contractor and in force at the time of any such damage. Furthermore, each insurance policy obtained hereunder shall provide that the issuing insurance company waives all rights of recovery by way of subrogation.

15.11 VerificationofCoverage. PriortoorconcurrentwithContractor'sexecutionand delivery ofthis Agreement, and not laterthan thirty (30) days priorto the expiration of any insurance policy carried hereunder (with respect to policies which will replace said expiring policies during the Term of this Agreement), Contractor shall deliver to the City original certificates of insurance and amendatory endorsements evidencing and effecting insurance coverage required hereunder. All such certificates and any endorsements pertaining to the insurance coverage required hereunder shall be signed by a person authorized by the insurer to bind coverage on the insurer's behalf, and shall be on forms provided or approved by the City. In no event shal) Contractor commence any construction, demolition, grading or other work relative to the Improvements until all evidences of insurance coverage required under this paragraph have been delivered to the City as required hereby.

The City shall have the right, at any and all times, to require Contractor to provide the City with complete copies of any and all policies of insurance that Contractor is required to maintain hereunder, and Contractor shall deliver such copies to the City not later than ten (10) days following such request.

15.12 Form of Policies. All insurance policies required hereunder shall be in a form acceptable to the City and its agents; and shall include those endorsements which are necessary to extend coverage which is appropriate to the nature of this Agreement.

15.13 Policy Limits Do Not Limit Contractor's Liability. The minimum limits of policies of insurance required of Contractor under this Agreement shall in no event limit Contractor's liability under this Agreement.

16. TERMINATION FOR CONVENIENCE. The City may terminate this Agreement at any time, with or without cause, upon sending a written notice of termination to Contractor (the "Termination Notice") that specifies atermination date (the "Early Termination Date") at least thirty (30) days after the date of the Termination Notice. Upon receipt of the Termination Notice, Contractor shall acknowledge receipt to the City in writing and take all steps necessary to cease all Work in a reasonable and orderly manner by no later than the Early Termination Date; provided, however, that any Work performed after the Early Termination Date that is reasonably necessary to terminate the Work in an orderly manner must be specifically authorized in writing by the Director prior to its performance and prior 8 .4greement for On-Call Municipal Well Aijaintenance 130
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to the Early Terinination Date. Upon termination by the City, Contractor shall be paid or reimbursed for all Work performed by Contractor under the Agreement up to the Early Termination Date (less all payments previously made), plus ten percent (10%) of the remaining balance that would otherwise be due to Contractor during the remaining Term of this Agreement as reimbursement for profits lost to Contractor by virtue of the City's early termination of this Agreement. In no event shall any amounts paid or reimbursed upon termination of this Agreement exceed the total maximum compensation Specified in Section 1 above.

17. NOTICE OF DEFAULT AND TERMINATION FOR CAUSE. If the City delivers written notice to Contractor notifying Contractor that it is in default of one or more of its obligations under this Agreement, specifying the nature of the default, and stating what steps Contractor must take to cure the default ("Default Notice"), and if such default remains uncured within ten (10) days following the City's delivery of the Default Notice, then the City may at any time thereafter immediately terminate this Agreement upon written notice to Contractor. Upon such temination, the City shall pay Contractor an amount equal to the value of the Work satisfactorily performed hereunder as of the date of the Default Notice; provided, however, that the City retains all rights to recover damages incurred by the City as a result of Contractor's default, including without limitation the right of offset against amounts otherwise due to Contractor hereunder, and the rights specified in Section 18 below. Contractor shall have no right to any reimbursement for profit or lost profit. Following such teimination, the City may procure, upon such terms and in such manner as the City deems appropriate, maintenance services similar to those teiminatedhereunder. If,afternoticeofterminationofthisAgreementundertheprovisions of this Sectionl7, the City determines, for any reason, that Contractor was not in default hereunder, or that such default had been cured, then the rights and obligations of the City and Contractor shall be the same as if the notice of termination had been a termination for convenience issued pursuant to Section 16 above.

18. CITY'S REMEDIES FOR CONTRACTOR'S FAJLURE TO PERFORM. Upon Contractor's det-ault of any of its obligations hereunder, and at any time after any such default, the City may take any one or more of the following actions:

18.1 Forfeiture of Bond/Negotiation of Security. The City may cause to be forfeited to the City all or a portion of any security given for the faithfiil performance of Contractor's obligations, and may further cause to be negotiated any instrument of credit deposited with and assigned to the City in such amount as may be required to complete the Improvement work.

18.2 Performance by City at Contractor's Expense. Upon Contractor's default, the City may make written demand upon Contractor, or Contractor's surety (if any), or both, to immediately remedy the default and complete the Work. If the required Work is not substantially commenced with in ten (10) days after the City's delivery ofthat written demand, or if it is not thereafter diligently prosecuted to a completion acceptable to the City within the timeframe set forth in the City's written demand, then without limiting any other remedy available to the City, the City may complete (or arrange for the completion of) all remaining Work and/or conduct such other 9 .4greement jar On-Call Mrmicipal Well Maintenance 131
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remedial activity as in its sole and absolute discretion it believes is necessary or advisable. All such Work or remedial activity shall be at the sole and absolute expense and obligation of Contractor (and its surety, if any) without the necessity or giving any further notice to Contractor or its surety. The City's right to take such actions shall in no way be limited by the fact that the Contractor or its surety may have commenced or completed any of the required Work at the time of the City's demand for performance. If the City elects to complete (or arrange for completion of) the remaining Work, then the City may require all Work by the Contractor and/or its stirety to cease in order to permit adequate coordination and completion by the City or its designee of the remaining Work.

18.3 Issuance of Cease and Desist Order. The City may issue a cease and desist order by delivering written notice to Contractor demanding that Contractor immediately discontinue any actions specified in that written notice. Contractor agrees to immediately comply with any such cease and desist order.

18.4 Injunctive Relief. The City shall have the right to apply for and obtain temporary and/or permanent injunctive relief or other equitable relief from a court of competent jurisdiction to enforce its rights and Contractor's obligations created by this Agreement, including without limitation relief in the form of a temporary restraining order and/or permanent injunction restraining Contractor from committing or continuing to commit any breach or threatened breach of this Agreement. The City shall have the right to seek such relief without showing or proving any actual damage sustained by the City, and without posting bond or other security. InconnectionwiththeCity'srighttoapplyfortheinjunctivereliefwhich is the subject of this Sectionl8.4, Contractor hereby acknowledges that Contractor's breach of its obligations hereunder will cause irreparable harm and injury to the City if such breach continues unabated following the City's request for injunctive relief.

18.5 0ther Relief. The City may seek any other remedies or relief, and take any other actions, available to the City under this Agreement, at law, or in equity.

19. INDEMNIFICATION AND DEFENSE. Contractor and its sureties (if any) shall indemnify and hold hamless City and/or any other City agency, including other employees, officers and representatives, for/trom 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.

20. MISCELLANEOUS.

20.1 Notices. All written notices required to be given pursuant to the terms hereof shall be either (a) personally delivered, (b) deposited in the United States express mail or first class mail, registered or certified, return receipt requested, postage prepaid, 10 .4greemenl for On-Calf j!hmicipal Well Maintenance il 132
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(c) delivered by overnight courier service, or (d) delivered by facsimile or e-mail transmission. All such notices shall be deemed delivered upon actual receipt (or upon the first attempt at delivery pursuant to the methods specified in clauses (a), (b) or (c) above if the intended recipient refuses to accept delivery). All such notices shall be delivered to the following addresses, orto such other address as the receiving party may from time to time specify by written notice to the other paity:

To the City:

City of South Gate
8650 California Avenue
South Gate, California 90280
Attention: Arturo Cervantes,
Asst. City Manager/Dir. of Public Works
Telephone No.: (323) 563-9512
Fax No.: (323) 563-9572
E-mail: [email protected]
City of South Gate
8650 California Avenue
South Gate, California 90280
Attention: Carmen Avalos
City Clerk
Telephone No.: (323) 563-9511
Fax No.: (323) 563-5411
E-mail: [email protected]
With a copy (which shall not constitute notice)
to:

Raul F. Salinas, Esq.

Craig D. Hardwick, Esq.

AlvaradoSmith
l MacArthur Place, Suite 200
Santa Ana, California 92707
Telephone No.: (714) 852-6800
Fax No.: (714) 852-6899
E-mail: [email protected]
l'o (:ontractor:

General Puinp Company, Inc.
159 N. Acacia Street
San Dimas, CA 91773
Attn: Michael Bodart
Title: President
Telephone No.: (909) 599-9606
Fax No.: (909) 599-6238
E-mail: [email protected]

20.2 Time. Time is of the essence of every provision contained in this Agreement.

20.3 Incorporation of Recitals and Exhibits. All of the recitals set forth in this Agreement, and all of the exhibits attached to this Agreement, are by this reference incorporated in and made a part of this Agreement as though fully set forth herein.

20.4 Successors and Assigns. Without limiting the restrictions on assignment set forth in Section 13 above, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. 11 .4greement for On-Call Mxmicipal Well Arlaintenance 133
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20.5 Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by any cause which is beyond the reasonable control of such paity, provided that (a) the party affected gives written notice to the other of the cause and anticipated duration of the delay within three (3) days after the delay coi'nmences, and (b) this paragraph shall not extend either party's time for performance by more than thirty (30) days, regardless of the cause of the delay.

20.6 Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments hereto.

20.7 Governing Law. This Agreeinent shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles.

20.8 Consent to Jurisdiction and Service of Process. All judicial proceedings brought against any party hereto arising out of or relating to this Agreement may be brought in any state or federal court of competent jurisdiction in the County of Los Angeles, State of California, and by execution and delivery of this Agreement each party accepts for itself and in connection with its properties, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts (both personal jurisdiction and subject matter jurisdiction), waives any defense of forum non conveniens and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. Each party hereby agrees that service of all process in any such proceeding in any such court may be made by registered or certified mail, return receipt requested, to any other party at its address provided herein, such service being hereby acknowledged by each party to be sufficient for personal jurisdiction in any action against said party in any such court and to be otherwise effective and binding service in every respect. Nothing herein shall affect the right to serve process in any other manner permitted by law.

20.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. In addition, this Agreement may contain more than one counterpart of the signature page and may be executed by the affixing of the signatures of each of the parties to any one or such counterpart signature pages; all of such counterpart signature pages shall read as though one and they shall have the same force and effect as though all ofthe signers had signed a single signature page.

20.10 DigitalSignatures. SignaturestothisAgreementtransmittedbyfacsimile(fax)or in the foim of a digital image - including without limitation PDF, JPEG and/or GIF files, or any electronic signature complying with the u.s. Federal ESIGN Act of 2000 (15 USC § 7001 et seq.) or California's Uniform Electronic Transactions Act (Cal. Civil Code 8, 1633.1 et seq.) - shall be valid and effective to bind the party so 12 .4greement for On-Call Municipal Well Aifaintenance l'l 134
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signing; each party agrees to promptly deliver an execution original of this Agreement with its actual signature to each other party, but a failure to do so shall not affect the enforceability of this Agreement, it being expressly agreed that each party to this Agreement shall be bound by its own facsimile, scanned or other electronic signature and shall accept the telecopied or scanned signature of each other party to this Agreement.

20.11 Entire Agreement. This Agreement, the Plans and Specifications, and the municipal codes and other laws cited in this Agreement, together contain the entire understanding of the parties and supersede any and all other written or oral understanding. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.

20.12 Captions. Any captions or headings to the Sections and subsections in this Agreement are solely for the convenience of the parties hereto, are not a pait of this Agreement, and shall not be used for the interpretation or determination of validity of this Agreement or any provision hereof.

20.13 Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereor, and this Agreement shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein.

20.14 Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to cariy out the provisions of this Agreement,

20.15 No Waiver. Any waiver, consent or approval by either party of any breach, default or event of default of any provision, condition or covenant of this Agreement must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Agreement. Any failure or delay on the part of either party in exercising any power, right or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof.

20.16 Rights and Remedies. No right or remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies.
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20.17 Joint and Several Liability. If Contractor constitutes more than one person or entity, then the obligations of each such person or entity shall be joint and several.

20.18 No Third-Party Beneficiaries. The parties hereto acknowledge and agree that no provision in this Agreeinent inay be enforced by any third party.

20.19 Patriot Act Compliance. Contractor represents, warrants and covenants that neither Contractor nor any of its shareholders, officers, directors, members, managers or partners (i) is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Asset Control, Department of the Treasury ("OFAC") pursuant to Executive Order No. 13224, 66 Fed. Reg. 49079 (Sept. 25, 2001) ("Order") and all applicable provisions of Title III of the USA Patriot Act (Public Law No. 107-56 (October 26, 2001)); (ii) is listed on the Denied Persons List and Entity List maintained by the United States Depaitment of Commerce; (iii) is listed on the List of Terrorists and List of Disbaired Parties maintained by the United States Department of State, (iv) is listed on any list or qualification of "Designated Nationals" as defined in the Cuban Assets Control Regulations 31 C.F.R. Part 515; (v) is listed on any other publicly available list of terrorists, terrorist organizations or narcotics traffickers maintained by the United States Department of State, the United States Department of Commerce or any other govemmental authority or pursuant to the Order, the rules and regulations of OFAC (including without limitation the Trading with the Enemy Act, 50 U.S.C.

App. 1-44; the International Emergency Economic Powers Act, 50 u.s.c. §§ 1701- 06; the unrepealed provision of the Iraq Sanctions Act, Publ.L. No. 101-513; the United Nations Participation Act, 22 U.S.C. § 2349 aa-9; The Cuban Democracy Act, 22 u.s.c. §§ 60-01-10; The Cuban Liberty and Democratic Solidarity Act,

18.U.S.C. §§ 2332d and 233; and The Foreign Narcotic Kingpin Designation Act, Publ. L. No. 106-120 and 107-108, all as may be amended from time to time); or any other applicable requirements contained in any enabling legislation or other Executive Orders in respect of the Order (the Order and such other rules, regulations, legislation or orders are collectively called the "Orders"); (vi) is engaged in activities prohibited in the Orders; or (vii) has been convicted, pleaded nolo contendere, indicted, arraigned or custodially detained on charges involving money laundering or predicate crimes to money laundering, drug trafficking, terrorist-related activities or other money laundering predicate crimes or in connection with the Bank Secrecy Act (31 u.s.c. §§ 5311 et. seq.). [Remainder of page left blank intentionally]
11,ql II
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Contract No. 2021-92-CC

20.20 City Council Approval Required for Effectiveness of Agreement.

Notwithstanding any earlier execution of this Agreement by any officer, employee or representative of the City, this Agreeinent shall not be binding upon or enforceable against the City unless and until it has been approved or ratified by the City Council of the City at a public meeting noticed and conducted in accordance with applicable provisions of the California Government Code.

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
ATTESTED:

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

By:
l F. Salinas, City Attorney
GENERAL PUMP COMPANY, INC.:

By:
rt. President
03ted; ,';'j)'2/lz %}
15 .4greemenl for Oyi-Call i'vhmicipal Well Maintenance 137
Contract No. 2021-92-CC
Exhibit "A"
Fee Proposal
A detailed description of the compensation payable to Contractor hereunder, including unit prices, monthly payments, and/or other information, conditions and limitations, is set forth on the Fee Proposal which is attached following this Exhibit "A" cover page. .-Igreement for On-Call Aihinicipal Well Maintenance 138
Qffice of liiii
S<'iuih Gale City Clerrk
Item No. 8
JUL 1 7 202Jf

CITY COUNCIL

AGENJDA BULL
For the Regular Meeting of: July 23, 2024
Originating Department: Public Wo
DepartmentDirector: /U.rOC<e,s -
City Manager:

SUBJECT: AMENDMENT NO. l TO CONTRACT N0. 2023-35-CC WITH

FOUNTAINHEAD CONSULTING CORPORATION, FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE TWEEDY BOULEVARD SIGNAL SYNCHRONIZATION, CITY PROJECT N0. 514-TRF
PURPOSE: Amendment No. 1 to Contract No. 2023-35-CC ("Amendment No. 1") provides funding for additional construction management and inspection services required by the City in order to complete construction on the project.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. I to Contract No. 2023-35-CC with Fountainhead Consulting Corporation ("Agreement") to fund additional services that were needed to complete construction of the Tweedy Boulevard Signal Synchronization Project, City Project No. 514-TRF, and to retroactively extend the contract term from March 28, 2024, to December 31, 2024, for an amount not to exceed $40,000; and b. Authorizing the Mayor to execute Amendment No. 1 in a fornn acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact to the General Fund. Amendment No. 1 is in the amount of $40,000, and it will be funded with Road Mitigation Fees Funds budgeted in the Fiscal Year 2023/24 Capital Improvement Program. The revised contract amount is $215,290, inclusive of the original contract and Amendment No. 1.

ANALYSIS: Construction of the Tweedy Boulevard Traffic Signal Synchronization Project ("Synchronization Project") is now complete. During construction, several issues arose for which the Public Works Department directed Fountainhead Consulting Corporation ("Fountainhead") to provide additional services. This included the replacement of damaged pull box lids, additional pull boxes and separation of traffic signal and street lighting electrical connections. In addition, the construction contractor was required to complete construction on a 100 working day schedule, with a completion date of October 26, 2023. However, construction was completed on May 1, 2024. Fountainhead was directed to continue services through construction completion.

These additional services were beyond the contracted scope of work. Amendment No. 1 provided $40,000 to fund these services. It also retroactively extends the contract term from 139
March 28, 2024, to December 31, 2024.

BACKGROUND: The Project is in the FY 2022/23 Capital Improvement Program ("CIP"). It was implemented to improve pedestrian and vehicular safety and relieve traffic congestion on Tweedy Boulevard. The proposed improvements included synchronizing 13 traffic signals on Tweedy Boulevard, between Victoria Avenue and Atlantic Avenue, by physically connecting them with conduit and fiber optic cabling,, upgrade traffic cabinets and controllers; re-wiring traffic signal systems at intersections; and installing video detection systems.

On March 28, 2023, the City Council approved an Agreement with Fountainhead, in the amount of $175,290. for construction management and inspection services. The contract provides services to manage and inspect the construction of the project for a 100-working day schedule.

Amendment No. 1 provides $40,000 to 'fund additional services. It also retroactively extends the contract term from March 28, 2024, to December 31, 2024.

The total project budget is $2,567,212 which is funded as surnrnarized below.

Services Metro Call
For Pro,iects
Proc C
Local Return
Road Mitigation
Fees Total
Design Services $160,000 $69,929 $57,321 $227,250
Construction Contract $1,100,000 $430,071 $303,127 $1,833,198 Construction Contingency $240,000 $240,000
Construction Management $100,000 $75,290 $175,290
Amendment No. l $40,000 $40,000
Prqject Management $17,212 $32,788 $50,000
Contingency $1,474 $1,474
Total $1,317,212 $500,000 $750,000 $2,567,212
ATT ACHMENTS: A. Proposed Amendment No. l (including Exhibit A) B. Contract No. 2023-35-CC
JL/AA:lc
140
Amendment No. 1
Attachment,A yntract No. 2023-35-CC
AMENDMENT NO. l TO CONTRACT N0. 2023-35-CC FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR CONSTRUCTION OF TWEEDY BOULEV ARD SIGNAL SYNCHRONIZATION, CITY PROJECT N0. 514-TRF WITH

FOUNT AINHEAD CONSULTING CORPORATION
This Amendment No. I to Contract No. 2023-35-CC ("Amendment No. 1") for Construction Management and Inspection Services, is made and entered into on July 23, 2024, by and between the City of South Gate, a municipal corporation ("City"), and Foiu'itainhead Consulting Corporation, a California corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties." RECIT ALS:

WHEREAS, on March 28, 2023, the City Council approved Contract No. 2023-35-CC with Contractor ("Agreement ") for a period in effect through March 28, 2024, in the amount of One Hundred Seventy-Five Thousand Two Hundred Ninety Dollars ($175,290); WHEREAS, the City and Contractor desire to execute Amendment No. l in an amount not to exceed Forty Thousand Dollars ($40,000), for 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. I to a total sum of Two Hundred Fifteen Thousand Two Hundred Ninety Dollars ($215,290).

NOW, THEREFORE, THE PARTIES HF,REBY AGREE AS FOLLOWS:

1. SCOPE OF WORK.

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

2. TERM OF AGREEMENT.

The term of the Agreement shall be retroactively extended nine months through and including December 31, 2024, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided in the Agreement.

3. COMPENSATION.

The amoiu'it of compensation paid by City to Contractor for the work identified in Exhibit "A" shall not exceed Forty Thousand Do}Jars ($40,000), bringing the aggregate total of the Agreement, and Amendment No. 1 to Two Hundred Fifteen Thousand Two Hundred Ninety Dollars ($215,290).

4. EFFECT OF AMENDMENTS.

Except as expressly amended herein, all other terms and conditions of Agreement Page I of 2
141
Amendment No. 1
Contract No. 2023-35-CC
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. Fiuthermore, 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. I to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

B7:

Gil Hurtado, Mayor
Dated:

ATTEST:

BY:

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

F. Salinas, City Attorney

FOUNT AINHEAI) CONSULTING
CORPORATION.:

B)/:

Rima Tahan, Vice President
Date: