South Gate City Council
August 27, 2024

SOUTH GATE CITY COUNCIL

REGULAR MEETING AGENDA
Tuesday, August 27, 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:

Pastor Angel Solorzano, Centro Cristiano Rios de Agua Viva

PLEDGE OF ALLEGIANCE:

Yodit Glaze, City Clerk
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.

Public Hearings - NONE
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment 2 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
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
and
12 are Consent Calendar Items. All items
including Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action.

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

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

1. Resolution declaring a continued emergency and authorizing repair, replacement or maintenance activities of
public facilities related to the Urban
Orchard, City Project No. 539-PRK without public bidding, pursuant to the
Emergency Contracting Procedures of the South Gate Municipal Code and the California Public Contract Code

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

Item 1 Report 8272024.pdf

2. Resolution approving Transfer Agreement with LA County Flood Control District for Safe Clean Water Municipal Funds

3 The City Council will consider: (PW)

a. Adopting a
Resolution
approving
Transfer Agreement No. 2024MP77
with the Los
Angeles County Flood Control District for Safe, Clean Water Program funds for Fiscal Years 2024/25 through Fiscal Year 2027/28, in the amount of approximately $980,000 Million annually;

b. Authorizing the Assistant City Manager/Director of Public Works or designee to submit Annual Expenditure Plans and Annual Reports; and

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

Documents:

Item 2 Report 8272024.pdf

3. Resolution approving reclassification of full-time Senior Secretary position to Executive Assistant position in
the Public Works Department

The City Council will consider adopting a
Resolution
to approve the reclassification of the
full-time Senior Secretary position in the Public Works Department to a full-time Executive Assistant position. (HR)
Documents:

Item 3 Report 8272024.pdf

4. Resolution approving reclassification of full-time Senior Administrative Analyst position to Police Administrative
Analyst position in the Police Department

The City Council will consider adopting a
Resolution
taking the following actions: (HR)

a. Approving the reclassification of the full-time Senior Administrative Analyst position in the Police Department to one full-time Police Administrative Analyst position; and

b.

Directing staff to update the Consolidated Salary Pay Table for the City of South Gate by adding the full-time position of Police Administrative Analyst at Pay Grade 610 ($6,362 - $7,733 monthly), a Non-Exempt Classification assigned to the Professional Mid Management Association (“PMMA”).

Documents:

Item 4 Report 8272024.pdf

5. Amendment No. 3 to Contract No. 2023-94-CC with MV Cheng & Associates for temporary professional staffing services

4 The City Council will consider: (ADMIN SVCS)

a. Approving
Amendment No. 3 to Contract No. 2023-94-CC
with MV Cheng &
Associates, (“Agreement”) through December 31, 2024, for temporary professional finance and accounting services in an amount not-to-exceed $85,000; and

b. Authorizing the Mayor to execute Amendment No. 3 in a form acceptable to the City Attorney.

Documents:

Item 5 Report 8272024.pdf

6. Amendment No. 1 to Contract No. 2024-25-AC with Executive Management Security, Inc., for Security Services for the Hollydale Community Park, City Project No. 607-PRK

The City Council will consider: (PW)

a. Approving
Amendment
No.
1 to Contract No. 2024-25-AC
with Executive
Management Security, Inc., (“Agreement”) to continue provide security services for the Hollydale Community Park, City Project No. 607-PRK, in an amount not to exceed $50,000; and

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

Documents:

Item 6 Report 8272024.pdf

7. Amendment No. 1 to Contract No. 2024-46-AC with Applied Research Associates, Inc., for the City’s Pavement Management System Report, City Project No. 716-RPT

The City Council will consider: (PW)

a. Approving
Amendment No. 1 to Contract No. 2024-46-AC
with Applied Research
Associates, Inc., (“Agreement”) to fund additional services for the City’s Pavement Management System, City Project No. 716-RPT, for an amount not to exceed $13,530;

b. Appropriating $20,000 in Measure R Funds to fully fund all costs necessary to complete the Pavement Management System, City Project No. 716-RPT; and

c. Authorizing the Mayor to execute the Professional Services Agreement in a form acceptable to the City Attorney.
5 Documents:

Item 7 Report 8272024.pdf

8. Agreement with ZZ Construction, Inc., for the Construction of Hollydale Community Park, Agreement

The City Council will consider: (PW)

a. Approving
Agreement
with ZZ Construction, Inc., for the construction completion of Hollydale Community Park, City Project No. 607-PRK, in an amount not-to-exceed $2,001,373;

b. Appropriating $499,931 received from Great America Insurance Co., as payment for losses the City incurred due to Contract No. 2022-84 CC being terminated for contractor default, to fund the Hollydale Community Park, City Project No. 607-PRK;

c. Authorizing the City Manager to approve change orders administratively up to a cumulative amount of $200,000 to avoid delaying construction if change order work is needed;

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

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

Documents:

Item 8 Report 8272024.pdf
9 . Contract Change Order No. 1 with Discount Tree Care Arborist for the Residential Resurfacing Project Phase I-III

The City Council will consider authorizing the City Manager to approve Contract Change Order No. 1 to Contract No. 2024-06-AC with Discount Tree Care Arborist, Inc., for the removal of two (2) additional trees that were impacted by the construction of the Residential Resurfacing Project, Phase I-III, City Project No. 662-ST, in an amount not-to- exceed $7,400. (PW)
Documents:

Item 9 Report 8272024.pdf

10. Notice of Completion for the Urban Orchard Interim Control Works

The City Council will consider: (PW)
6 a. Accepting completion of construction of the Urban Orchard Interim Control Work, City Project No. 539-PRK, effective June 28, 2024, constructed by Los Angeles Engineering Inc.; and

b. Directing the City Clerk to file a Notice of Completion with the Los Angeles County Registrar Recorder’s Office.

Documents:

Item 10 Report 8272024.pdf

11. Purchase of a Valve Truck for the Public Works Department

The City Council will consider: (PW)

a. Authorizing the purchase of a Ford-550 Truck and Valve and Vacuum Installation from Pres Tech, utilizing the Sourcewell Co-Opt Purchasing Program, for the Public Works Department in an amount not-to-exceed $292,357; and

b. Authorizing the City Manager to execute the documents necessary to purchase the Ford-550 Truck and Valve Operator in a form acceptable to the City Attorney.

Documents:

Item 11 Report 8272024.pdf

12. Purchase of two 2024 Chevrolet Equinox EV LT vehicles for the Administrative Services Department

The City Council will consider: (ADMIN SVCS)

a. Authorizing the purchase of two 2024 Chevrolet Equinox EV LT vehicles from Winner Chevrolet/Elk Grove Auto Group for the Administrative Services Department, in an amount not to exceed $80,000;

b. Approving the purchase of related equipment in an amount not to exceed $6,100;

c. Appropriating an additional $10,364 in unreserved South Coast Air Quality Management District (“SCAQMD”) Subvention Program funds for the purchase of two electric vehicles;

d. Appropriating $6,100 from the Capital Asset and Vehicle Replacement Fund for the purchase of the necessary equipment; and

e. Authorizing the Administrative Services Director or her designee to execute the associated documents in a form acceptable to the City Attorney. 7 Attachment B Resource Guide

Documents:

Item 12 Report 8272024.pdf

13. Minutes

The City Council will consider: (CLERKS)

a. Approving the Special and Regular Meeting minutes of July 9, 2024; and

b. Approving the Special and Regular Meeting minutes of July 23, 2024.

Documents:

Item 13 Report 8272024.pdf
Reports, Recommendations And Requests

14. Warrant register for August 27, 2024

The City Council will consider approving the Warrant Register for August 27, 2024. (ADMIN SVCS)

Total of Checks: $5,908,111.81 Less: Voids $ (0.00)
Less: Employee Payroll Deductions
$
(392,060.23)
Grand Total: $5,516,051.58 Documents:

Item 14 Report 8272024.pdf
Adjournment

I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on August 22, 2024, at 4:15 p.m., as required by law.

Yodit Glaze
City Clerk

8 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.

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

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

To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, email, and mail. 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
9 In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
10 Item No. I

CITY COUNCIL
AGENDA IB3uLL
DepartmentDirector:

For the Regular Meeting of'. August 27, 2024
Public Works
Ciffl Manager:

SUBJECT: RESOLUTION DECLARING A CONTINUED EMERGENCY AND

AUTHORIZING REPAIR, REPLACEMENT OR MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO THE URBAN ORCHARD, CITY PROJECT NO. 539-PRK WITHOUT PUBLIC BIDDING, PURSUANT TO THE EMERGENCY

CONTRACTING PROCEDURES OF THE SOUTH GATE MUNICIPAL CODE AND

THE CALIFORNIA PUBLIC CONTRACT CODE
PURPOSE: To declare an emergency still exists and to authorize the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project without public bidding. The Los Angeles County Department of Public Health, Solid Waste Division ("County") issued a Corrective Action Order requiring construction to stop on the project. The declaration of emergency is necessary to streamline the process to procure a replacement contractor to provide maintenance activities to preserve the site in a safe condition until the County authorizes construction work on the project to resume.

RECOMMENDED ACTIONS: The City Council will consider making a finding and adopting 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 surnrnarized 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 11
Council teri'ninated the general contractor's agreement at a Special City Council meeting on Februaiy 6, 2023. Such termination provided both immediate and long-ten'n cost savings to the City but also created an ii'nu'nediate need for the City to retain an interim contractor to perfon'n ceitain ongoing maintenance and safety activities; a need which must be met sooner than the time necessary to engage in non'nal public bidding procedures The proposed Resolution declares a continued emergency exists pursuant to the authority granted by South Gate Municipal Code § l.54.470 and California Public Contract Code § 22050. Those Code Sections allow cities, by resolution, to approve the City's entry into contracts without engaging in public bidding where certain emergency conditions are found to have occurred. Staff continues to believe that the County's Order directing all construction work to be ceased on the Project, constitutes such an emergency due to the public's safety with an unfinished construction site and the need to respond accordingly to additional directives given by the County related to ensuring public safety. Staff are recoini'nending tliat 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 perfornned and to procure the necessary equipment, services, and supplies all without giving notice for bids for contracts, (3) requires that at each regularly scheduled City Council Meeting, the City Manager present to the Council the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids, why that action is necessary to respond to the emergency, and that the City Council review the emergency action to deten'nine, by a four-fifth's vote, that there is a need to continue tlie emergency action until the emergency action is teri'ninated.

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 tenninated 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 funding increase for TPL in tlie amount of $50,000. On January 24, 2023, the City Council approved a $250,000 budget for Ai'nendment 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 12

4. The City coordinated with tlie Trust for Public Land ("TPL") to procure a replacement contractor: LA Engineeiing 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 Cliannel, construction of the easement road, electiical on site lighting.

5. Metliane gas monitoring was completed in December 2023 and low traces of methane were detected at one probe; however, tlie 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 drafted.

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

9. A contract witli 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. Ai'nendment 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 tlie 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 teri'n to December 31, 2024.

11. Plans and specifications were completed, and the project will be advertised for construction in August 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 unperi'nitted landfill until 1949 by an entity known as Southeastern Disposal and By-Products. The property site is identified in CalRecycle's Solid Waste Infon'nation 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 3 13
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 tlie PCLUP came into effect in 1988. As such, tl'ie project site is subject to State solid waste regulations that require the PCLUP before any change to the cunent land use, construction, or land preparation can occur.

Tlie 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 restroorn/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 14
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, DECLARmG AN EMERGENCY STILL

EXISTS AND AUTHORIZING REPAIR, REPLACEMENT OR

MAINTENANCE ACTIVITIES OF PUBLIC FACILITIES RELATED TO

THE URBAN ORCHARD PROJECT WITHOUT PUBLIC BIDDING,

PURSUANT TO THE EMERGENCY CONTRACTING PROCEDURES OF

THE SOUTH GATE MUNICIPAL CODE AND THE CALIFORNIA

PUBLIC CONTRACT CODE
WHEREAS, at the Special City Council meeting on February 6, 2023, the City Council for the City of South Gate ("City") considered and passed a Resolution declaring an emergency and authorized the repair, replacement or maintenance activities of public facilities related to the Urban Orchard Project ("Project") pursuant to the emergency contracting procedures of the South Gate Municipal Code and the California Public Contract Code; WHEREAS, construction activities at the Project site began on August 2, 2021, and have reached the eighty percent completion stage, but the Project will require several more months of work before it is complete;
WHEREAS, the City has received notice from tl'ie Los Angeles County Department of Public Health, Solid Waste Management Program ("County"), demanding that the City itur'nediately 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 witli 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 teri'ninated its construction agreement with the contractor; WHEREAS, although no consttvction 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 perfor+'ned 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 iinmediate need for the perfori'nance of the Maintenance Activities does not peri'nit a delay that would result from a competitive solicitation for bids; and
Pagelof3
15 WHEREAS, tlie City is working diligently to secure the PCLUP approval. Tlie process has been initiated; the Workplan for interim measures has been approved and its constiuction is complete; a Surni'naiy of Site Investigation l'ias been completed; the final report has been submitted to tlie County and received preliminary approval; and design and construction documents to procure a new construction contract has been prepared. The project is planned to bid in August 2024.

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 iini'nediate 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 perfon'n 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 Surni'nary of Site Investigation has been completed; and the final report lias 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 FB 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 perfori'ned, 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.

Page2of3
16 SECTION 4. At eacli sucli regularly scheduled meeting until the emergency action is teri'ninated, tlie Council shall review tl'ie emergency action to deten'nine, by a four-fifth's vote, that there is a need to continue the emergency action.

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

SECTION 6, In accordance with the provisions of California Public Contract Code e) 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 27f'l day of August 2024.

CITY OF SOUTH GATE:

B7:

Gil Hurtado, Mayor
ATTEST:

B7:

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

By:
ul F. Salinas, City Attorn
Page3of3
17 Item No. 2
rill(i2 I 202{i

CITY COUNCIL
AGENDA UB3JILL
DepartmentDirector:

For the Regular Meeting of: August 27, 2024
Originating, epartment: PublicWorks
Ciffl Maiiager:

Artur antes Rob ouston
SUBJECT: RESOLUTION APPROVING TRANSFER AGREEMENT N0. 2024MP77

WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR SAFE, CLEAN WATER PROGRAM FUNDS, MUNICIPAL PROGRAM FOR FY 2024/25 TO FY 2027/28
PURPOSE: Approve Transfer Agreement No. 2024MP77 required to receive approximate $980,000 in Measure W Funds, annually starting Fiscal Year 2024/25 to Fiscal Year 2027/28.

RECOMMENDED ACTION: The City Council will consider:
a. Adopting a Resolution approving Transfer Agreement No. 2024MP77 with the Los Angeles County Flood Control District for Safe, Clean Water Program funds for Fiscal Years 2024/25 through Fiscal Year 2027/28, in the amount of approximately $980,000 Million annually;
b. Authorizing the Assistant City Manager/Director of Public Works or designee to submit Annual Expenditure Plans and Annual Reports; and
c. Authorizing the Mayor to execute the Agreement in a fornn acceptable to the City Attorney.

FISCAL IMPACT: There is no impact to the General Fund. Under proposed Transfer Agreement No. 2024MP77, the City will receive approximate $980,000 annually from Fiscal Years 2024/25 through Fiscal Year 2027/28.

ANALYSIS: On November 6, 2018, the Safe, Clean Water ("SCW") Program, colloquially laiown as the Measure W ballot measure, was successfully passed by voters. The SCW Program provides local, dedicated :tunding to increase water supply, improve water quality, and provide community enhancements throughout Los Angeles County ("LA County"). The SCW Program is a special parcel tax that will be assessed at a rate of 2.5 cents per square foot of imperi'neable surface area on private property in the LA County Flood Control District. Publicly owned parcels, including schools, are exempt under state law. The SCW Program is estimated to generate $111.57 Million annually. Revenues will be allocated as follows:
* District Program: Ten percent of the funds collected are allocated to the LAFCD for program administration and for the development and implementation of capacity building 18 programs including: public education program, local workforce job training and school education programs.
* Municipal Program: Forty percent of the funds collected are allocated to municipalities within the District, for which a transfer agreement is needed to collect the funds. * Regional Program: Fifty percent of the funds collected are allocated to the nine watershed areas to fund regional watershed-based, multi-benefit projects, to provide technical resources, and to conduct scientific studies.

The transfer agreements for the Municipal Program will disburse funds to the municipalities in proportion to the tax collected in each jurisdiction on an annual basis. The funds received are to be used for implementation, operations and maintenance, and administration of eligible projects and programs; consequently, the City is required to execute the proposed Transfer Agreement and submit an annual expenditure plan and an annual expenditure report. The following are the highlights of Transfer Agreement No. 2024MP77:
* The Transfer Agreement for the Municipal Program will expire June 30, 2028. * Annual Expenditure Plan must be submitted on April 1 to SCW to program the upcoming Fiscal Year Municipal Funds.
after the close of the Fiscal* Annual Reports are due annually, six months (December 31) Year for which the funds were spent.
* Audit reports are due nine months a'fter the end of the 3rd Fiscal Year. An audit is required to be submitted to LAFCD no later than March 31, 2028. * The City has five years to expend its annual allocation. If the :tunds are not expended, the funds shall be returned to LAFCD.
* Funds may only be utilized on eligible program expenses. * Program revenue shall be kept in an interest-bearing account.

BACKGROUND: Since 2001, the City's storm drain system is regulated by the State Water Resources Control Board ("State Water Board") under the National Pollutant Discharge Elimination System ("NPDES") Municipal Separate Storm Sewer System ("MS4") Permit. The MS4 system receives stormwater and non-stormwater discharges that flow over the urban landscape. The flows may pick up pollutants generated by urban activities such as: metals, bacteria, pesticides, fertilizers and trash. Polluted stormwater and non-stormwater discharges conveyed through the MS4 ultimately reach receiving waters, resulting in adverse water quality impacts. The City's receiving waters are the Los Angeles River and Compton Creek.

As new iterations of the permit have been adopted by the State Water Board, the implementation costs have only increased. Prior to Measure W passing, agencies had no dedicated revenue source to pay for the implementation of the MS4 Permit. The SCW Program provides local, dedicated funding to increase water supply, improve water quality, and provide community enhancements throughout LA County. The City's annual allocation will help with some of the costs of compliance.
19 Eligible program expenses must be related to the objective to increase water supply, improve water quality, and provide corninunity enhancements. They include tasks such as the following:
(a) stormwater infrastructure development, planning, scientific and technical studies, stormwater or urban runoff modeling and monitoring, grant applications, construction, operations and maintenance, and inspection, (b) real property acquisition, (c) projects or studies to pilot or investigate new technologies or 'i'nethodologies to increase or improve stormwater or urban runoff capture or reduce stormwater or urban runoff pollution for improving water quality, increasing local water supplies, or improving the quality of life for communities, (d) the modification, upgrade, retrofit, or expansion of an existing project to incorporate new elements to increase stormwater or urban runoff capture and reduce stormwater or urban runoff pollution to provide an additional water quality benefit, water supply benefit, or community investment benefit, and (e) debt financing, should the LACFCD or a municipality determine that bonds or loans are prudent and necessary to implement projects or programs.

A municipality must spend at least 70 percent of its Measure W funds annually on eligible expenses related to projects or programs implemented on or after November 6, 2018, which also includes operations and maintenance of projects built to comply with the MS4 Permit; so long as the project complies with the Measure W program requirements. The 30 percent Maintenance of Effort funds may be used to pay for costs and expenses incurred on or after November 6, 2018, related to the continuation of programs implemented or maintenance of projects.

ATT ACHMENTS: A.

B.

Proposed Resolution for Transfer Agreement No. 2024MP77 Estimated Municipal Allocation
GD:lc
20 Attachment A
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, APPROVING TRANSFER AGREEMENT N0. 2024MP77 WITH

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR CLEAN, WATER PROGRAM FUNDS FOR FISCAL YEARS 2024/25 THROUGH 2027/28 IN THE AMOUNT OF APPROXIMATELY $1 MILLION ANNUALLY, AND ASSITANT CITY

MANGER/ DIRECTOR OF PUBLIC WORKS TO SUBMIT SUBSEQUENT ANNUAL

EXPENDITURE PLANS AND ANNUAL REPORTS
WHEREAS, on November 6, 2018, Measure W, the Safe, Clean Water ("SCW") Program ballot measure, was successfully passed by the voters; WHEREAS, the SCW Program provides local, dedicated funding to increase water supply, improve water quality, and provide coinmunity enhancements throughout Los Angeles County ("LA County");
WHEREAS, the City of South Gate ("City") is scheduled to receive an estimated $980,000 annually starting Fiscal Year 2024/25 to an including Fiscal Year 2027/28 in 'funding from SCW Program; and
WHEREAS, to receive the SCW Program funds, the City is required to execute and submit the Transfer Agreement between the Los Angeles County Flood Control District ("Transfer Agreement"), attached hereto as Exhibit "A", and subsequent Annual Expenditure Plans and Annual Reports;

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

SECTION 1. The City Council hereby declares the foregoing recitals are true and correct.

SECTION 2, The City Council liereby approves the Transfer Agreement for Fiscal Years 2024/25 through and including 2027/28, attached hereto as Exhibit "A." SECTION 3. The City Council hereby authorizes the Mayor to execute and submit the Transfer Agreement.

SECTION 4. The City Council hereby authorizes the Assistant City Manager/Director of Public Works, or his designee, to submit the subsequent Annual Expenditure Plans and Annual Reports for the remaining Fiscal Years through and including 2027/28.

21 SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 27'h day of August 2024.

CITY OF SOUTH GATE:

BY:

Gil Hurtado, Mayor
ATTEST:

By:

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

By:

Raul F. Salinas, City Attorney

5 22
Municipal Program
Agreement lSJo.2024MP77

TRANSFER AGREEMENT BETWEEN

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND SOUTH GATE AGREEMENT N0. 2024MP77

SAFE, CLEAN WATER PROGRAM - MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as "Agreement," is entered into as of by and between the Los Angeles County Flood Control District, hereinafker referred to as "District," and South Gate, he;einafter referred to as "Municipality." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 'I 6 ofthe Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 ofthe Los Angeles County Flood Control District Code), administers the SCW Program forthe purpose offunding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollutionin the District;
WH EREAS, pursuant to Section 1 6.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and bythe Countywithin the unincorporated areas that are within the boundaries ofthe District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WH EREAS, pursuant to Section 4 6.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enterinto an agreement with the District to transfer SCW Program funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities.

NOW, THEREFORE, in consideration ofthe promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

1. DEFINITIONS
The definitions set forthin Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
"Agreement" means this TransferAgreement, including all exhibits and attachments hereto. "Annual Plan" means the plan referred to in Section 18.09.B.5 ofthe Code thatincludes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code. "Days" means calendar days unless otherwise expresslyindicated.
"Fiscal Year" means the period oftwelve (12) months terminating on June 30 ofanyyear. "Safe Clean Water (SCW) Program Payment" means the Municipality's annual allocation of SCW Program funds as described in Section '1 6.04.A.2. of the Code disbursed by the District to the Municipality. "Year" means calendar year unless otherwise expresslyindicated.

It. PARTYCONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement.

Los Anqeles County Flood Control District Municioali :y: South Gate Name: Haris Harouny Name:

Address: 900 S FremontAve,Alhambra, CA
91803
Address:

Phone: (626) 300-2620 Phone:

23 Municipal Program
Agreement No.2024MP77
Email: [email protected] Email: :.

Either party to this Agreement may change the indiudual identified as the primary point of contact above by providing written notice of the change to the other party.
iit. EXHIBITS INCORPORATED BYREFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are herebyincorporated herein and made a part of this Agreement:

EXHIBIT A - ANNUAL PLAN CONTENTS

EXHIBITB-GENERALTERMS AND CONDITIONS
EXHIBIT C - NATURE-BASED SOLUTIONS (Best Management Practices)

EXHIBITD-OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. MUNICIPAL PROGRAM IMPLEMENTATION
The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be submitted not later than 90-days prior to the start of the Fiscal Year for which the Plan is prepared.

The Municipalityshall utilize the SCW Program Payments in compliance with Chapters 16 and 18 ofthe Code.

The Municipality shall comply with the terms and conditionsin Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specificallyincluding, without limitation, Section 18.06.

V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SCWProgramPaymentswillgenerallybeavailablefordisbursementbyDecember31,providedadulyexecuted transfer agreement is in effect and subject to the Municipality' s compliance with the conditions described in paragraph B, below; however the District may, inits discretion, change the date and number of the actual disbursements for any Fiscal Year based on the amount and timing of revenues actually collected bythe District.

B. TheDistrictshalldisbursetheMunicipality'sSCWProgramPaymentuponsatisfactionofthefollowing conditions: (1 )the District has received the Annual Progress/Expenditure Report required pursuant to Section 1 8.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Year, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B.

C. NotwithstandinganyotherprovisionofthisAgreement,nodisbursementshallbemadeatanytimeorinany manner that is in violation of orin conflict with federal, state, County laws, policies, or regulations.

D. AIIdisbursementsshallbesubjecttoandbemadeinaccordancewiththetermsandconditionsinthisAgreement and Chapters 16 and 18 ofthe Code.

Vl. TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Year. The parties shall thereafker enter into a new agreement based on the most recent standard template agreement approved by the Board.

24 Municipal Program
Agreement No.2024MP77
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CITY OF SOUTH GATE:

BY:

Gil Hurtado, Mayor
Date:

ATTEST:

BY:

Yodit Glaze, City Clerk
(SEAL)
BY:
all F. Salinas, CityAttorney

LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:

BY:

Name:

Title:

Date:

APPROVED AS TO FORM:
25 Municipal Program
Agreement No.2024MP77

EXHIBIT A - ANNU AL PLAN CONTENTS
A-I. Description of all projects anticipated to be funded using the SCW Program Payment.lnclude a discussion of how the projects will resultin the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment.

Include a discussion of how those activities will resultin the achievement of one or more S CW Program Goals.

Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or C B Os will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview or anticipated overall project approach.

A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provde an overview of anticipated overall project approach.

A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (IS I) verification, if applicable.

A-7. Provide the budgetforthe activities described in provisionsAl throughA-5 SCW Program Payment.

26 Municipal Program
Agreement No.2024MP77

EXHIBIT B-GENERALTERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement

1. SCWProgramPaymentsdistributedtotheMunicipalityshallbeheldinaseparateinterest-bearingaccountand shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only foreligible expenditures consistentwiththe requirements ofthe SCW Program.

2. TheMunicipalityshallnotbeentitledtointerestearnedonundisbursedSCWProgramPayments;interestearned prior to disbursementis property of the District.

3. TheMunicipalityshalloperateinaccordancewithGenerallyAcceptedAccountingPrinciples(GAAP).

4. TheMunicipalityshallbestrictlyaccountableforallfunds,receipts,anddisbursementsfortheirSCWProgram Payment.

B-2. AcknowledgementofCreditandSignage
The Municipality shall include appropriate acknowledgement of credit to the District's Safe, Clean Water Program forits support when promoting activities funded with SCW Program funds or using any data and/orinformation developed S CW Program funds. When the SCW Program Payment is used, in whole orin part, for construction of an infrastructure Project, signage shall be posted in a prominent location at Project site(s) or at the Municipality' s headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District's Safe, Clean Water Program." At a minimum the sign shall be 2' x 3' in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision thatincorporates the requirements stated within this paragraph.

When the S CW Program Payment is used, in whole orin part, for a scientific study, the Municipality shall include the following statementin the study report: "Funding for this study has been provided in full orin part from the Los Angeles County Flood Control District's Safe, Clean Water Program." The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

B-3. Acquisition of Real Property- Covenant
Any real properky acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistentwiththe SCW Program Goals and withthe provisions ofChapter 16 and 18 ofthe Code.

AnyMunicipalitythatacquiresthefeetitletorealpropertyusing,inwholeorinpart,SCW Programfundsshallrecord a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.

B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed bythe parties. No oral orwritken understanding or agreement notincorporated in thisAgreement is binding on anyofthe parties.

B-5. Assignment
The Municipality shall not assign this Agreement.

B-6. Audit and Recordkeeping

1. TheMunicipalityshallretainforaperiodofseven(7)years,allrecordsnecessaryinaccordancewithGenerally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand byauthorized representatives ofthe District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contractfiles, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and anyother supporting evidence deemed necessaryto substantiate charges related to SCW Program Payments and expenditures.

2. TheMunicipalityisresponsibleforobtaininganindependentaudittodeterminecompliancewiththetermsand conditions of this Agreement and all requirements applicable to the Municipality contained in chapters I 6 and 18 ofthe Code. Municipalityshall obtain anindependentaudit oftheir SCW Program Payments everythree (3) years. Audits shall be funded with Municipal Program funds.

3. Municipalityshallfileacopyofallauditreportsbytheninth(9th)monthfromtheendofeachthree(3)yearperiod to detail the preceding three (3) years oT expenditures. Audit reports shall be posted on the District's publicly accessible website. Due date example below.

27 Municipal Program
Agreement No.2024MP77

4. Uponreasonableadvancedrequest,theMunicipalihyshallpermittheChiefEngineertoexaminetheinfrastructure Projects using SCW Program Payments. The Municipality shall permit the authorized District representative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration ofthe SCW Program. 5, ExpendituresdeterminedbyanaudittobeinviolationofanyprovisionofChapters16or18oftheCode,orofthis Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.

B-7. Availabilityof Funds
District's obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority Tor disbursement over any other Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are unavailable, itis the intention of the District that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this Agreement's funding for any Fiscal Year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount.

B-8. Choice of Law
The laws of the State of California govern this Agreement.

B-9. Claims
Any claim of the Municipalityis limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expenditures of a SCW Program Payment thatinvolves the District shall utilize a separate and specific agreement to that Project thatincludes appropriate indemnification superseding thatin this Agreement.

B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 ofthe Code.

B-11. Compliance with Law, Regulations, etc.

The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements.

B-12. ContinuousUseofMunicipalProjects;LeaseorDisposalofMunicipalProjects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of any Project funded in whole orin part with SCW Program Payments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District.

Such approval maybe conditioned as determined to be appropriate bythe District, including a condition requiring repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said amount accruing from the date of lease or disposal of the Project.

B-13. Disputes
Should a dispute arise between the parties, the parl asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.

If the matter has not been resolved through the process set forth in the preceding paragraph, any party mayinitiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.

All costs ofthe mediation,including mediatorfees, will be paid one-halfbythe Districtand one-halfbythe Municipality.

SCW Program Payments shall notbe used to payforanycosts ofthe mediation.

28 Municipal Program
Agreement No.2024MP77
The parties will atkempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.

B-M. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.

Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.

B-15. Force Majeure.

In the event that Municipalityis delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be exkended for a period equivalent to the period of such delay.

B-16. Funding Considerations and Exclusions

1. AIlexpendituresofSCWProgramPaymentsbyMunicipalitymustcomplywiththeprovisionsofChapters16and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 4 6.05.A.2 and the provision regarding ineligible expenditures contained in Sectionl6.05.A.3.

2. SCWProgramPaymentsshallnotbeusedinconnectionwithanyProjectimplementedasanEnhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("S E P") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Projectimplemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority: provided, however, that SCW funds may be used for a Projectimplemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personalinjury, or property damage, arising from orin conjunction with: (1 )any Project or Program implemented by the Municipality, in whole orin part, with SCW Program Payments or (2) any breach of this Agreement bythe Municipality.

B-18. IndependentActor
The Municipality, and its agents and employees, if any, in the performance ofthis Agreement, shall actin anindependent capacity and not as officers, employees, or agents of the District.

The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter2.202)
B-'19. Integration
This is anintegrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matker of this Agreement.

B-20. Lapsed Funds
L TheMunicipalityshallbeabletocarryoveruncommittedSCWProgramPaymentsforuptofive(5)yearsfrom the end ofthe fiscal yearin which those funds are transferred from the District to the Municipality.

2. IftheMunicipalityisunabletoexpendtheSCWProgramPaymentwithinfive(5)yearsfromtheendofthefiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will

29 Municipal Program
Agreement No.2024MP77
apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year afker the fiscal yearin which those funds were transferred from the District.
3 , Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality, iffeasible in a reasonable time frame, or otherwise to the Watershed Area.
4 . Intheeventthatfundsaretolapse,duetocircumstancesbeyondtheMunicipality'scontrol,thentheMunicipality may request an exkension of up to twelve (12) months in which to commit the funds to eligible expenditures.

Extension Requests must contain sufficient justification and be submitted to the Districtin writing no later than three (3) months before the funds are to lapse.
5 . ThedecisiontograntanextensionisatthesolediscretionoftheDistrict. 6 . Fundsstilluncommittedtoeligibleexpendituresafteranexkensionisgrantedwillbesubjecttolapsedfunding procedures without exception. Example Below.

Fiscal Year Funds Lapse
Transferred After RequestDue
2019-20 6/30/2025 No later than
3/31 /2025
No laterthan
6/30/2026
B-2al. Municipal ProjectAccess
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will have safe and suitable access to the site of any Projectimplemented by the Municipalityin whole or in part with SCW Program Payments at all reasonable times.

B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding non- discriminationin employment and equal employment opportunity.

B-23. NOThird-PaltRightS
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice

1. TheMunicipalityshallnotifytheDistrictinwritingwithinfive(5)workingdaysoftheoccurrenceofthefollowing:
a. Bankruptcy,insolvency,receivershiporsimilareventoftheMunicipality;or b. ActionstakenpursuanttoStatelawinanticipationoffilingforbankruptcy. 2 , TheMunicipalityshallnotifytheDistrictwithinten(10)workingdaysofanylitigationpendingorthreatenedagainst the Municipality regarding its continued existence, consideration of dissolution, or disincorporation. 3 . TheMunicipalityshallnotifytheDistrictpromptlyofthefollowing:
a. AnysignificantdeviationfromthesubmittedAnnualPIanforthecurrentFiscalYear,includingdiscussionofany major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished.
b. Discoveryofanypotentialarchaeologicalorhistoricalresource.Shouldapotentialarchaeologicalorhistorical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. The Municipalityagrees to implement appropriate actions as directed bythe District. c, Anypublicormediaeventpublicizingtheaccomplishmentsand/orresultsofthisAgreementandprovidethe opportunity for attendance and participation by District representatives with at least fourteen (14) days' notice to the District.

B-25. Municipality's ResponsibilityforWork
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreementincluding, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.

The Districtwill notmediate disputes betweenthe Municipalityand anyotherentityconcerning responsibilityfor performance of work.

B-26. Reporting

}3 30
Municipal Program
Agreement No.2024MP77
The Municipality shall be subject to and complywith all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available.

1. AnnualProgress/ExpenditureReports.TheMunicipalityshallsubmitAnnualProgress/ExpenditureReports, using a format provided by the District, within six (6) months following the end of the Fiscal Year to the District to detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the Districfs publicly accessible website and on the Municipality' s website. The Annual Progress/Expenditure Report shall include:
a. Amountoffundsreceived;
b. BreakdownofhowtheSCWProgramPaymenthasbeenexpended;
c. DocumentationthattheSCWProgramPaymentwasusedforeligibleexpendituresinaccordancewith Chapters 16 and 18 ofthe Code;
d. Descriptionofactivitiesthathaveoccurred,milestonesachieved,andprogressmadetodate,duringthe applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussionofanyexistinggapsbetweenwhatwasplannedandwhatwasachievedfortheprioryear,include any lessons learned;
f. DescriptionoftheWaterQualityBenefits,WaterSupplyBenefits,andCommunitylnvestmentBenefitsanda summaryof how SCW Program Payments have been used to achieve SCW Program Goals forthe prior year, including graphical representation of available data and specific metrics to demonstrate the benefits being achieved through the years' investments.
g. Discussionofalignmentwithotherlocal,regional,andstateefforts,resources,andplans,asapplicable.This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacityto supplement the SCW Program. h. AdditionalfinancialorProject-relatedinformationinconnectionwithactivityfundedinwholeorinpartusing SCW Program Payments as required bythe District.
i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18 of the Code.
j. Report on annual and total (since inception of program) benefits provided by programs and projects funded by SCW Program Payment. Thisincludes comparisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated ii. Annual volume of stormwater captured and reused iii. Annual volume of stormwater captured and recharged to a managed aquifer iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to notinclude.
v. Annual acreage ingeases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination or good, better, best, as outlined in Exhibit C). If none, discuss considerations explored and reasons to notinclude.
vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons to not include.

2. DocumentationoftheCommunityOutreachandEngagementutilizedforand/orachievedwiththeSCWProgram Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the public.

3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the Districtincluding, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.

B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as Follows:

1. AuthorizationandValidity.TheexecutionanddeliveryofthisAgreement,includingallincorporateddocuments,by the individual signing on behalf or Municipality, has been duly authorized by the governing body of Municipality, as applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law.

2. No Violations. The execution, delivery, and performance bythe MunicipalityofthisAgreement,including all incorporated documents, do not violate any provision or any law or regulationin effect as ofthe date setforth on the first page hereof, or resultin any breach or default under any contract, obligation, indenture, or otherinstrument to which the Municipality is a par§ or by which the Municipality is bound as of the date set forth on the first page hereof,

3. NoLitigation.Therearenopendingor,totheMunicipality'sknowledge,threatenedactions,claims,investigations, suits, or proceedings before any governmental authority, court, or administrative agencywhich affect the

31 Municipal Program
Agreement No.2024MP77
Municipality's abilityto complete theAnnual Plan.

4. Solvency.NoneofthetransactionscontemplatedbythisAgreementwillbeorhavebeenmadewithanactual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipalityis solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due.

5. LegalStatusandEIigibility.TheMunicipalityisdulyorganizedandexistingandingoodstandingunderthelawsof the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. 6, GoodStanding.TheMunicipalitymustdemonstrateithasnotfailedtocomplywithpreviousCountyand/orDistrict audit disallowances within the preceding five years.

B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless priorwritten authorization is obtained from the Program Manager.

B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District maywithhold all or any portion of the SCW Program Payment for any Fiscal Yearin the event that:

1. TheMunicipalityhasviolatedanyprovisionofthisAgreement;or

2. TheMunicipalityfailstomaintainreasonableprogressinachievingSCWProgramGoals,followingan opportunity to cure.

3. Failure to remainin Good Standing, described in Section B-26 of Exhibit B.

4. FailuretosubmitannualreportsonmeetingSCWProgramGoals.

32 Municipal Program
Agreement No.2024MP77

EXHIBIT C - N ATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall considerincorporation of Nature-based solutions (NBS)into their projects. NBS refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasinglyincorporated into projects forthe SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from theirincorporation on projects.

The SCW Program defines NBS as a Projectthat utilizes natural processes thatslow, detain,infiltrate orfilter Stormwater or Urban Runoff. These methods mayinclude relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.

Municipalities are to include in each Annual Progress/Expenditure Report whether and how their project achieves a good, betker, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class.

Municipalities must attach a copy of the matrix for each project with the good, better, or best columnindicated for each method, to facilitate District tracking of methods being utilized.

METHODS
Vegetation/Green
S pace
Increase of
Permeability
Protection of
Undeveloped
Mountains &
Floodplains

33 Municipal Program
Agreement No.2024MP77
Creation &
Restoration of
Riparian Habitat &
Wetlands
New Landscape
Elements
Enhancement of Soil

34 Municipal Program
Agreement lSb.2024MP77

EXHIBIT D - OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance forinfrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge ofthe Project's function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate bythe Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.

1. Litker Control
Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways.

Regularinspection and maintenance of pet waste stations.

Maintaining trash receptacles.

Removal of trash, debris, and blockages from bioswales.

Inspection and cleaning or trash booms.

Inspection of weir gates and stop logs to clean debris, as required.

2. Vegetation Maintenance
Weed control
o Recognitionandremovalofweeds,suchasperennialweeds,morningglory,v'ne-typeweeds, ragweed, and other underground spreading weeds.
o Avoidingactivitiesthatresultinweedseedgermination(e.g.frequentsoilcultivationneartreesor shrubs).
o Regularremovalofweedsfromlandscapeareas,includingfromberms,paintedareas,rockareas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.

Tree and shrubberytrimming and care
o Removalofdeadtreesandeliminationofdiseased/damagedgrowth. o Preventencroachmentofadjacentpropertyandprovideverticalclearance. o Inspect for dead or diseased plants regularly.

Wetland vegetation and landscape maintenance
o lnstallationandmaintenanceofhydrophyticandemergentplantsinperenniallywetandseasonal, intermittent habitats.
o Draininganddrawdownofwetlandandexcessivebulrushremoval o Weed and nuisance plant control.
o Removalofaquaticvegetation(e.g.algaeandprimrose)usingappropriatewatercraftand harvesting equipment.
o Wildflower and meadow maintenance.
o Grass, sedge, and yarrow management.
o Removal of unwanted hydroseed.

3. Wildlife Management
a Exotic species control.
- Provdehabitatmanagement;promotegrowthofplantsatappropriatedensitiesandpromotehabitat structure for animal species.

Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration).

Avoid disturbances to nesting birds.

Avoid spread ofinvasive aquatic species.

4. Facility Inspection
- lnspectprojectsitesforrodentandinsectinfestationsonaregularbasis. - Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs.

Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads).

35 Municipal Program
Agreement No.2024MP77
Inspect shade structures for structural damage or defacement.

Inspect hardscapes.

Inspect and maintain interpretive and informational signs.

Inspect site furnishings (e.g. benches, hitching posts, bicycle racks).

Maintain deck areas (e.g. benches, signs, decking surfaces).

Visuallyinspect weirs and flap gates for damage; grease to prevent locking.

Inspect all structures after major storm events, periodicallyinspect every 3 months, and operate gates through full cycles to prevent them from locking up.

Irrigation System Management
a Ensuringautomaticirrigationcontrollersarefunctioningproperlyandprovidingvariousplantspecieswith proper amount ofwater.
o Cyclecontroller(s)througheachstationmanuallyandautomaticallytodetermineifallfacetsare functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads.
o Repairandreplacebrokendriplinesoremitkerscausingalossofwater(topreventpondingand erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly.
o lnspectandcleanmainlinefilters,wyestrainers,basketfilters,andfiltersatbackflowdevicestwicea year.
o Maintainandcheckfunctionofthedripsystem.

Keeping irrigation control boxes clear of vegetation.

Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure.

Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a setf-sustaining, irrigation free landscape.

Determine watering schedules based on season, weather, variationin plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems.

Turn offirrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content.

Use moisture sensing devices to determine water penetration in soil.

Erosion Management and Control
- Inspectslopesforerosionduringeachmaintenanceactivity. a Inspectbasinsforerosion.
o Takecorrectivemeasuresasneeded,includingfillingerodedsurfaces,reinstallingorextendingbank protection, and replanting exposed soil.

Ongoing Monitoring Activities
a Monitorcontrollableintakewaterflowandwaterelevation.
- Examineinflowandoutflowstructurestoensuredevicesarefunctioningproperlyandarefreeof obstructions.

Water quality sampling (quarterly, unless justified otherwise).

Checking telemetry equipment.

Tracking and reporting inspection and maintenance records.

Vector and Nuisance Insect Control
a Monitoringforthepresenceofvectorandnuisanceinsectspecies. - Adequatepretreatmentofinfluentwastewatertolessenproductionoflarvalmosquitos. a Managing emergent vegetation.
- Usinghydrauliccontrolstructurestorapidlydewateremergentmarshareas. - Managing flow velocities to reduce propagation of vectors.

36 Attachment B

SAFE CLEAN WATER PROGRAM
FY 2024-25 LOCAL TAX RETURN
PROJECTED LOCAL TOTAL: $111.57M
Hawaiian Gardens 50.13M
Hawthorne 50.79M
Hermosa Beach S0.16M
Hidden Hills S0.08M
Huntington Park S0.43M
Industry S1.61M
Inglewood 50.97M
Irwindale !>0.43M
La Canada Flintridge 50.38M
La Habra Heights 50.17M
La Mirada 50.92M
La Puente 50.34M
La Verne 50.56M
Lakewood S1.10M
Lawndale 50.23M
Lomita S0.23M
Long Beach S4.55M
Los Angeles !>36.31M
Lynwood 50.58M
Malibu S0.39M
Manhattan Beach 50.41M
Maywood 50.17M
Monrovia S0.52M
Montebello 50.91M
Monterey Park 50.73M
Norwalk 51.08M
Palos Verdes Estates S0.26M
Paramount 50.65M
Pasadena 51.54M
Pico Rivera S0.89M
Pomona S1.87M
Rancho Palos Verdes 50.68M
Redondo Beach S0.71M
Rolling Hills S0.10M
Rolling Hills Estates 50.17M
Rosemead 50.57M
San Dimas 50.59M
San Fernando 50.27M
San Gabriel ' S0.45M
San Marino S0.23M
Santa Clarita S3.22M
Santa Fe Springs S1.44M
Santa Monica 50.81M
Sierra Madre 50.15M
Signal Hill S0.28M
South El Monte 50.45M
South Gate 50.98M
South Pasadena 50.25M
Temple City 90.45M
Torrance 92.16M
Unincorporated !511.18M
Vernon S0.93M
Walnut S0.50M
West Covina 91.35M
West Hollywood S0.26M
Westlake Village !>0.23M
Whittier S1.21M
Agoura Hills S0.34M
Alhambra 50.86M
Arcadia 51.02M
Artesia S0.21M
Azusa S0.61M
Baldwin Park 50.72M
Bell S0.31M
Bell Gardens 50.31M
Bellflower 50.82M
Beverly Hills S0.55M
Bradbury 50.05M
Burbank S1.44M
Calabasas S0.39M
Carson S2.24M
Cerritos S0.94M
Claremont 50.57M
Commerce 50.99M
Compton 51.19M
Covina S0.73M
Cudahy 50.17M
Culver City 50.52M
Diamond Bar S0.84M
Downey 51.43M
Duarte !>0.25M
EI Monte !>1.09M
EI Segundo S0.60M
Gardena S0.82M
Glendale 51.67M
Glendora 50.90M
10/17 /2023
20 37
Item No. 3
Ciffl of South Gate

CITY COUNCIL

AGENDA BULL
For the Regular Meeting of: August 27, 2024
Originating Department: Human Resources
Hutnan Resources Director:
amilton
City Manager:

Rob Houston
SUBJECT: RESOLUTION APPROVE THE RECLASSIFICATION OF THE FULL-

TIME SENIOR SECRET ARUY POSITION IN THE PUBLIC WORKS DEP ARTMENT

TO A FULL-TIME EXECUTIVE ASSIST ANT POSITION
PURPOSE: To approve the reclassification of the :[ull-time Senior Secretary position in the Public Works Department to a full-time Executive Assistant position.

RECOMMENDED ACTIONS: The City Council will consider adopting a Resolution to approve the reclassification of the full-time Senior Secretary position in the Public Works Department to a full-time Executive Assistant position.

FISCALIMPACT: Thereclassificationofthefull-timeSeniorSecretarypositiontoanExecutive Assistant position in the Public Works Department will result in an estimated additional cost of $27,000 annually, which includes the cost of benefits.

ANALYSIS: None.

BACKGROUND: The City must, from time to time, add, remove, reclassify, or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the City's workforce. In response to these changing needs and demands, job classification specifications must be amended to more closely match the tasks which need to be performed by employees in the City's various departments
As the demands of the City Council, City Manager, and Department Heads began to change over the years, so, too, have the duties and requirements of the administrative positions providing direct support to executive-level management. In recognition of the increase in duties, responsibilities, and efforts of these positions, on May 13, 2002, the City Manager's Administrative Secretary was reclassified to Executive ASsiStant to the City Manager. On July 1, 2007, the Executive ASsistant position in support of the City Council was created, and, on September 9, 2014, the Administrative Assistant in support of the City Attorney was reclassified to Executive Assistant to City Attorney.

On July 23, 2019, the Police Secretary position in support of the Chief of Police was reclassified to Executive Assistant to Police Chief.
1 38
On July 23, 2024, the City Council approved the reclassification of a Housing & Grants Analyst and an Administrative Services Coordinator to two Special Projects Coordinators, who will work along with two Management Analysts to provide the needed administrative support for that department. Additionally, for Fiscal Year 2024/25, City Council approved the reclassification of the Senior Secretary position in the Parks & Recreation Department to Executive AssiStant and approved the reclassification of the Senior Secretary position in the Administrative Services Department to Management Analyst.

Currently, the Executive Assistant to the City Manager has been with the City for 30 years, the Executive Assistant to the City Attorney has been with the City for almost 25 years, the Executive Assistant to the Chief of Police has been with the City for almost 29 years, and the Executive Assistant to the Park & Recreation Director has been with the City for 29 years, which demonstrates the level of experience provided to their respective executive-level administrators.

With the retirement ofthese long-tenured employees, the City will re-evaluate whether the position will be reclassified to a Management Analyst, or similar, or whether the duties may be redistributed to existing employees and the position eliminated completely.

Inadvertently le:[t out of the Fiscal Year 2024/25 Budget was the position of Senior Secretary in the Public Works Department, who provides direct administrative support to the Assistant City Manager/Director of Public Works. The Senior Secretary assigned to the Public Works Department has been with the City for 33 years. Public Works Department employs 108 employees, which constitutes 24% of the City's entire workforce divided into two, complex divisions: Engineering and Field Operations. The duties and responsibilities required of this position to support the City's Assistant City Manager/Director of Public Works has increased over the years and to ensure that her work, experience, and tenure are recognized and acknowledged, as has already been done for her peers, staff is recommending that the Senior Secretary position in the Public Works Department be reclassified to Executive Assistant.

ATTACHMENT: Proposed Resolution
2 39
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

FULL-TIME SENIOR SECRETARUY POSITION IN THE PUBLIC

WORKS DEPARTMENT TO A FULL-TIME EXECUTIVE ASSIST ANT

POSITION
WHEREAS, the City must, from time to time, add or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the workforce and to more closely match the tasks which need to be performed by employees in the City's various departments; and WHEREAS, the City desires to approve reclassification of the full-time position of Senior Secretary position in the Public Works Department to one full-time Executive Assistant position.

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

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

SECTION 2. The City Council hereby approves the reclassification of the full-time Senior Secretary position to one full-time Executive Assistant position in the Public Works Department. [The remainder of this page left blank intentionally] Page l of 2
40 SECTION 3. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 27'h day of August 2024.

CITY OF SOUTH GATE:

BY:

Gil Hurtado, Mayor
ATTEST:

B7:

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

BY:

F. Salinas, City Attorney

41 Item No. 4
City of South Gate

CITY COUNCIL
AGENDA BT[LL
For the Regular Meeting o'f: August 27, 2024
Originating Department: Human Resources
Humari Resources Director: City Manager:
n amilton Rob Houston
SUBJECT: RESOLUTION O APPROVE THE RECLASSIFICATION OF THE FULL-

TIME SENIOR ADMINISTRATIVE ANALYST POSITION IN THE POLICE

DEPARTMENT TO ONE FULL-TIME POLICE ADMINISTRATIVE ANALYST POSITION; AND TO DIRECT ST AFF TO UPDATE THE CONSOLIDATED SALARY

PAY TABLE BY ADDING THE POLICE ADMINISTRATIVE ANALYST TITLE, PAY

GRADE, AND PAY RANGE
PURPOSE: To approve the reclassification of the full-time Senior Administrative Analyst position in the Police Department to one full-time Police Administrative Analyst position; and direct staff to add the full-time Police Administrative Analyst classification to the consolidated salary pay table with the proposed salary grade and range.

RECOMMENDED ACTIONS: The City Council will consider adopting a Resolution taking the following actions:
1) Approve the reclassification of the full-time Senior Administrative Analyst position in the Police Department to one full-time Police Administrative Analyst position; and 2) Direct staff to update the Consolidated Salary Pay Table for the City of South Gate by adding the full-time position of Police Administrative Analyst at Pay Grade 610 ($6,362 - $7,733 monthly), a Non-Exempt Classification assigned to the Professional Mid- Management Association ("PMMA").

FISCAL IMPACT: The reclassification of the full-time Senior Administrative Analyst position to a Police Administrative Analyst position in the Police Department will result in an estimated savings of $18,500 aru'iually, which includes the cost of benefits.

ANALYSIS: None.

BACKGROUND: The City must, from time to time, add, remove, reclassify, or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the City's workforce. In response to these changing needs and demands, job classification specifications must be amended to more closely match the tasks which need to be performed by employees in the City's various departments
1 42
On December 30, 2023, the Police Department's Senior Administrative Analyst retired after approximately 31 years of distinguished service. The Senior Administrative Analyst performs a variety of highly responsible and complex administrative tasks to support the Police Department in the areas of budget, fiscal controls, capital improvements, job applicant screening and processing, hiring and recruiting events, and other community-based programs, and represents the Chief of Police at designated public functions.

In anticipation of her retirement, on September 28, 2023, the City initiated a recruitment to find her replacement. The City's recruitment efforts sought an experienced candidate with at least a bachelor's degree in a subject relevant to the position and at a minimum of five years of work experience in police administration and/or human resources. That recruitment closed on October 9, 2023, wherein the City received eighteen applications, with six meeting the minimum qualifications, who were all invited to an oral interview panel, with only tmee candidates passing for final selection. Although all three candidates were invited to begin their background orientation, all three candidates withdrew from the selection process before any of them submitted their background packets.

On December 18, 2023, a second recruitment was opened, which closed on January 18, 2024.

During this round of recruitment, the City received ninety-three applications, of which only eleven met minimum qualifications. All eleven were invited to the oral interview panel, with only two passing for final selection. These two candidates were also invited to a background orientation, and both withdrew from the selection process before their submitted their background packets.

Despite the City's best efforts to find an experienced replacement, the recruitment efforts have been unable to find a suitable candidate, either due to lack of experience or the inability to pass the background examination. While an experienced candidate is preferred, Police Department's need to fill this position with a capable person exceeds the optimally desired candidate. Instead of recruiting for an individual with the specific experience the Senior Administrative Analyst demands, this reclassification to a Police Administrative Analyst seeks to tailor the recruitment efforts to find an individual with analytical talents and capabilities who can be trained to apply those skills to the police administrative environment. By reclassi:tying this position to an analyst- level position, it is possible that internal candidates may meet the minimum qualifications for consideration. Accordingly, staff is recommending that the Senior Administrative Analyst in the Police Department be reclassified to Police Administrative Analyst, a position subordinate to the senior-level position, to recruit for a talented individual, who can apply his/her talents to the needs of the Police Department.

The proposed pay is based upon similarly situated analyst positions in the City. Therefore, the proposed pay is at Pay Grade 610 ($6,362 - $7,733 monthly). The position shall remain as non- exempt under FLSA and as a position assigned to PMMA.

ATTACHMENT: Proposed Resolution
2 43
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

FULL-TIME SENIOR ADMINISTRATIVE ANALYST POSITION IN THE

POLICE DEPARTMENT TO ONE FULL-TIME POLICE
ADMINISTRATIVE ANALYST POSITION; AND TO DIRECT ST AFF TO

UPDATE THE CONSOLIDATED SALARY PAY TABLE BY ADDING THE

POLICE ADMINISTRATIVE ANALYST 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 Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the workforce and to more closely match tlie tasks which need to be perfon'ned by employees in the City's various departments; WHEREAS, the City desires to approve reclassification of the full-time position of Senior Administrative Analyst position in the Police Department to one full-time Police Administrative Analyst position; and
WHEREAS, the City desires to approve the adjustment of the Consolidated Salary Pay Table and direct staff to add the respective salary range and the salary pay table for the full-time Police Administrative Analyst.

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

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

SECTION 2. The City Council hereby approves the reclassification of the full-time Senior Administrative Analyst position to one full-time Police Administrative Analyst position in the Police Department.

SECTION 3. The City Council hereby approves and directs staff to update the City's Consolidated Salary Pay Table to add the position of Police Administrative Analyst, a PMMA position, at the Pay Grade of 610 with a pay range of $6,362 to $7,733 per month. [The remainder of this page left blank intentionally]

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

PASSED, APPROVED and ADOPTED this 27'h day of August 2024.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
ATTEST:

B7:

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

B7:

Raul F. Salinas, City Attorney

45 5,,M,M City of South Gate

CITY COUNCIL
Item No. 5

AGENDA BNLL
ouston
SUBJECT: AMENDMENT N0. 3 TO CONTRACT N0. 2023-94-CC WITH MY CHENG & ASSOCIATES FOR TEMPORARY PROFESSIONAL STAFFING SERVICES PURPOSE: To approve Amendment No. 3 to Contract No. 2023-94-CC ("Agreement No. 3") with MV Cheng & Associates for temporary professional staffing services.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Amendment No. 3 to Contract No. 2023-94-CC with MV Cheng & Associates, ("Agreement") through December 31, 2024, for tempomry professional finance and accounting services in an amount not-to-exceed $85,000; b. Authorizing the Mayor to execute Amendment No. 3 in a fori'n acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact on the General Fund. Funding for this agreement will come from savings from the department's salaries and benefits budgets, as temporary services will normally be used when covering vacancies or extended leave.

ANALYSIS: None
BACKGROUND: The Administrative Services Department is currently utilizing MV Cheng & Associates to temporary fill needs for finance, accounting, and human resources professionals. The original agreement approved in July 2023 provided professional services for financial and accounting staffing to help address vacancies in the Finance Division and assist with FY 2023-24 financial reporting.

The department has two vacant positions that are in the Finance Division: Budget and Finance Manager and Deputy Director of Finance. To ensure a proper transition of knowledge, Finance is recomi'nending keeping the existing temporary Sr. Accountant to assist with a variety of accounting duties such as bank reconciliations, journal entries, financial reports, and purchase requisitions. In addition, this temporary Sr. Accountant will assist the department with the year- end closing. MV Cheng & Associates has staff with municipal knowledge and expertise in the areas of financial reporting, budget, and accounting to assist the City on a temporary/interim basis.

Amendment No. 3 will bring the total cost of the Agreement to $255,400 as shown below.

I
46 Contract with MY
Cheng & Associates
Date Approved Term Ending Amount Cumulative
Contract
Total
Contract No. 2023-94-CC July 1, 2023 December 31, 2023 $48,000 $48,000 Ai'nendment No. 1 September 26, 2023 December 31, 2023 $37,400 $85,400 Amendment No. 2 February 13, 2024 June 30, 2024 $85,000 $170,400 Ai'nendment No. 3 August 27, 2024 December 31, 2024 $85,000 $255,400 ATTACHMENTS: A. Proposed Ai'nendment No. 3 to Contract No. 2023-94-CC B. Ai'nendment No. 2 to Contract No. 2023-94-CC
C. Amendment No. 1 to Contract No. 2023-94-CC
D. Contract No. 2023-94-CC
47 Allachmenl 4ontrAamcteNn"om.2eOn2'3"9o4-3CICo
AMENDMENT N0. 3 TO CONTRACT N0. 2023-94-CC

FOR PROFESSIONAL FINANCIAL AND ACCOUNTING SERVICES ON

AN AS-NEEDED AND TEMPORARY BASIS BETWEEN THE CITY OF SOUTH

GATE AND MY CHENG & ASSOCIATES
This Amendment No. 3 to Contract No. 2023-94-CC for Professional Services for Finance and Accounting on an As-Needed and Temporary Basis, ("Agreement") is made and entered into on July 1, 2024, by and between the City of South Gate, a municipal corporation ("City"), and MV Cheng & Associates, a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECIT ALS
WHEREAS, Consultant warrants to the City that it has a pool of sub-contractors with the skills, knowledge, qualifications, and expertise to perfori'n properly and timely the Professional Services under the Agreement; and
WHEREAS, on July 1, 2023, City and Consultant executed Contract No. 2023-94- CC for Professional Services ("Agreement"), in an amount not to exceed Forty-Eight Thousand Dollars ($48,000);
WHEREAS, September 26, 2023, City and Consultant executed Amendment No. 1 for Professional Services, in an amount not to exceed Thirty-Seven Thousand Four Hundred Dollars ($37,400);
WHEREAS, February 13, 2024, City and Consultant executed Amendment No. 2 for Professional Services, in an amount not to exceed Eighty-Five Thousand Dollars ($85,000);
WHEREAS, City and Consultant desire to execute Amendment No. 3 for Professional Services, in an amount not to exceed Eighty-Five Thousand Dollars ($85,000), under the tenns and conditions of the Agreement, Amendment No. 1 and Amendment No. 2 bringing the aggregate total of the Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 to the sum of Two Hundred Fifty-Five Tliousand Four Hundred Dollars ($255,400).

NOW, THEREFORE, the Parties hereby agree as follows:

1. SCOPE OF SERVICES. Consultant agrees to continue its services performing various finance, accounting and finance tasks requested by the City and made a part of the Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3. The Scope of Services may be amended from time to time by way of a written direction from the City.

COMPENSATION. The total amount of compensation for the Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 shall not exceed the sum of 3 48
Amendment No. 3 to
Contract No. 2023-94-CC
Two Hundred Fifty-Five Thousand Four Hundred Dollars ($255,400). City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to the Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3. No additional compensation shall be paid for any otl'ier expenses incuired unless first approved by the City Manager.

2. TERM OF AGREEMENT. This Agreement will remain in effect througli December 31, 2024, unless otlierwise expressly extended and agreed to by both Parties in writing, or ten'ninated by either Party as provided herein.

3. EFFECT OF AMENDMENT. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachi'nents and Exhibits attaclied hereto, shall remain in full force. City reserves the right to augment or reduce the scope of work as the City deems necessary.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 3 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
ATTEST:

By:

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

By:
<'a*i6y%o-=ey
MY CHENG & ASSOCIATES:

BY:

Misty Cheng, President & CEO
4 49
Attachment B Amendment No. 2 to
Contract No. 2023-94-CC
AMENDMENT N0. 2 TO CONTRACT N0. 2023-94-CC FOR

PROFESSIONAL FINANCIAL AND ACCOUNTING SERVICES ON

AN AS-NEEDED AND TEMPORARY BASIS BETWEEN THE CITY

OF SOUTH GATE AND MY CHENG & ASSOCIATES
This Ai'nendinent No. 2 to ContractNo. 2023-94-CC for Professional Services for Finnce and Accounting on an As-Needed and Tetnporary Basis, ("Agreement") is made and entered into on Februag I3, 2024, by and between the City of South Gate, a municipal corporation ("City"), and MV Cheng & Associates, a California corporation ("Consultant"). City and Consultant are sorneti-ines liereinafter individually referred to as a "Party" and collectively as "Parties."

RECIT ALS
WHEREAS, Citydoes nothave the personnel able and/or available to perform the services required under this Agreement;
WHEREAS, Consultant warrants to the City that it has a pool of sub-contractors with the skills, knowledge, qualifications, and expertise to perform properly and timely the Professional Services under the Agreement; and
WHEREAS, on July 1, 2023, City and Consultant executed ContractNo. 2023-94-CC for Professional Services ("Agreement"), in an amount not to exceed Forty-Eight Tliorisand Dollars ($48,000);
WHEREAS, September 26, 2023, City and Consultant executed Amendment No. 1 to Contract No. 2023-94-CC for Professional Services, in an amount not to exceed Thiity-Seven Thousand Forir Hundred Dollars ($37,400);
WHEREAS, City and Consultant desire to execute Amendment No, 2 to Contract No. 2023-94-CC for Professional Services, in an amount not to exceed Eighty-Five Thousand Dollars ($85,000), under the terms and conditions of the Agreement, Amendment No. ] and Amendment No. 2 bringiiig the aggregate total of the Agreement, Ai'nendment No. 1 and Amendtnent No. 2 to the ;sum of One Hundred Seventy Thousand Four Hundred Dollars ($170,400).

NOW, THEREFOR, the Parties hereby agree as follows:

1. MODIFICATION TO AGREEMENT

1.1 SCOPE OF SERVICkS. Consultant agrees to continue its services perforiuing various finance, accorinting and finance tasks requested by the City andmade a part of the Agreement, Amendment No. 1, and Amendrnerit No. 2. Tlie Scope of Services may be amended from time to time by way of a written direction fromthe City.

1.2 COMPENSATION. The total amount of compensation for the Agreenient, AmendmentNo. l and AtnendmentNo. 2 shall not exceed the sum of One Hundred Page I of 3
5 50
Amendment No. 2 to
Contract No, 2023-94-CC
Seventy Thousand Four Hindred Dollars ($170,400), City shall pay Consultant for its professional services rendered aiid reasonable costs incurred pursuant to the Agreement, AmendmentNo. 1 andAmendment No. 2, No additional compensation shall be paid for any other expenses incurred rinless first approved liy tlie City Manager.

1.2.I ConsultantshallberequiredtoattendmeetingsatCityHallasnecessaryin the delivery of projects. Travel time between the Cons'ultanfs office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.

1.2.2 Consultant shall be paid in accordance with the agreed-upon hourly tate included in a proposed engagement letter attached hereto as "Exhibit A".

Such hourly rates shall be between $85-$90 per hour depending on the assignment and skills of tlie professional staff.

1.2.3 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 satisfactoiy performance by the Consultant of its obligations under this agreement,
1,2,4 TheConsultantshallsubittotheCityabillofserviceswithinl5calendar days after the end of each month. The City shall pay the consultant within forty-five (45) days of receipt of this invoice.

1.3 TERM OF AGREEMENT. This Agreement will remain in effect through June 30, 2024, unless otlierwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.

EFFECT OF AMENDMENT. Except as expressly an'iended herein, all other terms and conditions of the Agreement and its Amendtnents, Attacbinents and Exhibits attached hereto, shall remain in fiill force. Cityreserves the right to augment orreduce the scope of worlc as the City deems necessary.
[The remainder of this page left blank intentionally.]

51 Amendment No. 2 to
Contract No. 2023-94-CC
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
Dated: l ' 2,/ 1.4
ATTEST:

By:

Y aze, City Clerk
(SEAL)
APPROVE AS TO FORM:

F. Salinas, City Attorney
MY CHENG & ASSOCIATES:

Dated:

7 52
Attachment C
Amendment No, I to
Contract No. 2023-94-CC
AMENDMENT N0. 1 TO CONTRACT N0. 2023-94-CC FOR
PROFESSIONAL FINANCIAL ,"iND ACCOUNTING STAFFING
ON ,=!USi AS-NEEDED AND TEMPORARY BASIS BETWEEN THE

CITY OF SOUTH GATE AND MY CHENG & ASSOCIATES
This Amendment No. l to Contract No. 2023-94-CC for Professional Services for Financial and Accounting Staffing on an As-Needed and Temporary Basis, ("Agreement") is made and entered into on September 26, 2023, by and between the City of South Gate, a municipal corporation ("City"), and MV Cheng & Associates, a California corporation ("Consultant"). City and Coitsultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECITALS
WHEREAS, City does not have the persoxinel able and/or available to perform the services required under tliis Agreement;
WHEREAS, Consultant warrants to tlie City that it has a pool of sub-contractors with tlie skills, knowledge, qualifications, and expertise to perform properly and timely the Professional Services under the Agreement;
WHEREAS, on July 1, 2023, City and Consultant executed Contract No. 2023-94-CC for Professional Staffing Services ("Agreement"), in an amorint not to exceed Forty-Eight Tliousand Dollars ($48,000); and
WHEREAS, City and Consultant desire to execute Amendment No. 1 to Contract No. 2023-94-CC for Professional Staffing Services, in an amount not to exceed Thirty-Seven Thousand Four Hundred Dollars ($37,400), under the terms and conditions of the Agreement and Amendment No. l bringing the aggregate total of the Agreement and Amendment No. 1 to the sum of Eighty-Five Thousand Four Hundred Dollars ($85,400).

NOW, THEREFOR, the Parties hereby agree as follows:

1. MODIFICATION TO AGREEMENT

1.1 SCOPE OF SERVICES. Consultant agrees to continue its services to provide available professional staff to perform various finance, accounting, and human resources tasks requested by the City and made a part of the Agreement, Amendment No. 1. The Scope of Services may be amended from time to time by way of a written direction from the City.

1.2 COMPENSATION. The total amount of compensation for the Agreement and Amendment No. 1 shall not exceed the sum of Eighty-Five Thousand Four Hundred Dollars ($85,400). City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to the Agreement and Amendment No. 1. No additional compensation sliall be paid for any otlier expenses incurred Page l of 3
r 53
Amendment No. 1 to
Contract No. 2023-94-CC
unless first approved by the City Manager.

1.2.1 Consultant shall be required to attend meetings at City Hall as necessary in the delivery of projects. Travel time between the Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.

1.2.2 Consultant shall be paid in accordance witli the agreed-upon hourly rate included in a proposed engagement letter attached hereto as "Exhibit A".

Such hourly rates shall be between $85-$90 per hour depending on the assignment and skills of the professional staff.

1.2.3 No payment made hereunder by City to Consultant, other thaii the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory perfornnance by the Consultant of its obligations rinder this agreement.

1.2.4 The Consultant shall submit to the City a bill of services within 15 calendar days after the end of eacli montli. The City shall pay the consultant within forty-five (45) days of receipt of this invoice.

1.3 TERM OF AGREEMENT. Tl'iis Agreen'ient will remain in effect through December 31, 2023, unless otherwise expressly extended and agreed to by both Parties in writing, and terminated by either Party as provided herein.

EFFECT OF AMENDMENT. Except as expressly amended herein, all other temis and conditions of the Agreement and its Attachments and Exhibits attached hereto, shall remain in fiill force. City reserves the right to augment or reduce the scope of work as the City deems necessary.
[The remainder of page left blank intentionally.]

54 Amendment No, l to
Contract No. 2023-94-CC
iN 111TNESS WHEREOF, the Parties hereto liasie caused this Amendment No. I to be executed imd tiitcstcd by tl'icir rcspcctivc officers hercunto duly authorized.

CITY OF SOUTH (,ATE
Maria del Pilar Avalos, Mayor
ATTEST:

BY:

APPROVE AS TO FORM
Racil F. Salinas. City Attorney
MY CHENG & ASSOCI ATES:

B7:

Misty Cl'icbit & CEO
Dated: "7 -st-p3

55 Attachment D
Contract No. 2023-94-AC

AGREEMENT BETWEEN THE CITY OF SOUTH GATE AND MV CHENG & ASSOCIATES FOR PROFESSIONAL FINANCIAL AND ACCOUNTING

ST AFFING ON AN AS-NEEDED AND TEMPORARY BASIS
Tliis Agreement for Professional Services for Financial and Accounting Staffing on an As-Needed and Temporary Basis, ("Agreement") is inade and ei'itered into as of July 1, 2023, by and between tlie City of Sotitli Gate, a intinicipal corporation ("City"), and MV Clieng & Associates ("Constiltant"). City and Consultant are sometimes liereinafter individually referred to as a "Paity" and collectively as "Parties."

RECIT ALS
WHEREAS, City does not liave the personnel able and/or available to perforn'i tlie services required under this Agreement; and
WHEREAS, Consultant warrants to the City tliat it has a pool of sub-contractors with the skills, knowledge, qualifications, and expertise to perform properly and timely the Professional Services under the Agreement; and
WHEREAS, based on sucli representation, City desires to contract with Consultant to provide available professional financial and accounting staff on an as-needed basis.

NOW, THEREFORE, the Parties hereby agree as follows:

1. SCOPE OF SERVICES. City liereby engages Consultant, and Consultant accepts such engagement, to provide available professional staff to perform various financial and accounting tasks requested by tl'ie City. The Scope of Services n'iay be mutually amended from time to time by botb Parties in uiriting.

2. COMPENSATION FOR SERVICES. Tlie total amount of compensation for t)iis Agreement sliall not exceed the sum of Forty-Eight Thousand Dollars ($48,000.00), The City sl'iall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement.

No additional compensation shall be paid for any other expenses incurred unless first approved by tlie City Cotmcil.

2.1 Consciltant shall be required to attend meetings at City Hall as necessary in tlie delivery of the projects. Travel time between Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, whicli shall be subject to City approval.

2.2 Consciltant shall be paid in accordance with the agreed-upon hourly rate included in a proposed engagement letter to be submitted by tlie Consultant witli respect to tl'ie services requested by the City. Such liourly rates sliall be between $85-$90 per hour depending on tlie assignment and skills of tlie professional staff.

2.3 No payment made liereunder 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 56 Agreement for Professional Services
MV Cheng & Associates

satisfactory performance by the Consultant of its obligations under tliis Agreement.

2.4 The Consultant shall submit to the City a bill of services within 15 calendar days after the end of each month. The City shall pay the consultant within forty-five (45) days of receipt of the invoice.

3. TERM OF AGREEMENT. This Agreement is effective July 1, 2023, and will remain in effect through December 31, 2023, unless otherwise expressly extended and agreed to by bot}i Paities in writing, or terminated by eitlier Party as provided herein.

4. CITY AGENT. Tlie City Manager, for the purposes of this Agreement, is the agent for the City.

Wlienever approval or autliorization is required, Consultant uimerstands tliat tlie City Manager has tlie authority to provide tliat approval orautliorization.

5. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and sliall not acquire any interest, direct or indirect, in any real property located witliin City which may be affected by the services to be performed by Consultant under this Agreement. Consultant fiirther represents that in performance of this Agreement, no person having such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the teri'n of this Agreement.

5.I Consultant represents that no City employee or official l'ias a material financial interest in the Consultant's business. During the term of this Agreement and/or as a result of being awarded tliis Agreement, Consultant sliall not offer, encourage or accept any financial interest in the Consultant's business or in this Agreement by any City employee or official.

6. GENERAL TERMS AND CONDITIONS.

6.1 Termination for Convenience. Tlie City may terminate this Agreement at aiiy time witliout 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 rinfinis]ied documents and other materials sliall, at the option of City, become its property. If tliis Agreement is tern'iinated by City as provided berein, Consultant will be paid the total amount of its costs incurred as of the termination date. Ill no event sl'iall tlie 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 pait of tliis Agreement in any of the following circumstances:
/2
57 Agreement for Professional Services
MV Clieng & Associates

a. If Consultant fails to perform the services required by tliis Agreement within tlie time specified herein or any autliorized extension thereof; or b. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure 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 tlie 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 tliose terminated

6.2.3 If this Agreement is terminated as provided above in Subsection 6.2.1, City may require Consultant to provide all finislied or unfinislied documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computation, surveys, models, or otlier similar documentation prepared by Consultant. Upon such termination, Consultant shall be paid aii amoint equal to the value of the work performed. In ascertaining the value of tlie work performed up to the date of termination, consideration shall be given to botli 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 tlie Agreement under the provisions of Subsection

6.2.1 above, it is determined, for any reason, tliat Consultant was not in default, or tliat the default was excusable, then the rights and obligations of tlie Parties sl'iall be the same as if tlie notice of termination had been issued pursuant to Subsection 6.1 above.

6.3 Non-Assignability. Consultant shall not assign or transfer any interest m tliis Agreement withorit the express prior written consent of City.

6.4 Non-Discrimination.

6.4.1 Consultant shall not discriminate agau'ist any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, axicestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties prirsriant to this Agreement and will comply witli all applicable laws, ordinances and codes of tlie Federal, State, and County and City governments. 58 Agreement for Professional Services
MV Cheng & Associates

Consultant will take affiimative action to ensure tl'iat subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, 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 fron'i sucli discrimination. Such en'iployment practices include, but are not limited to:
hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

6.4.2 The provisions of Subsection 6.4.2 above sliall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perforn'i any services under this Agreement. City shall have access to all documents, data and records of Consultant and its subcontractors for pirposes of determining compliance witli the eqrial employment opportunity and non- discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 wliich is incorporated herein by this reference. A copy of Executive Order No. 11246 (relating to federal restrictions against discrin'iinatoiy practices) ls available for review and on file with the City Clerk's Office.

6.5 Insurance. Consultant shall submit to City certificates indicating compliance witli tlie following minimum insurance requirements no less than one (l) day prior to beginning of performance under tliis

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

6.5.2 Comprehensive general and 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, witli an aggregate of $2,000,000. Eacli sucli policy of insurance sliall:
a, Be issued by a financially responsible insurance company or companies admitted or authorized to do business in tlie State of California or whicli is approved in writing by City.
b. Name and list as additional insured the City, its officers and employees. c. Specify its acts as priinary insurance.
59 Agreement for Professional Services
MV Cheng & Associates

d. Contain a clause substantially in the following words: "It is liereby understood and agreed tliat this policy shall not be canceled except upon thirty (30) days prior written notice to City of such cancellation or material change." e. Cover the operations of Consultant pursuant to tlie terms of this Agreement.

6.6 Indemnification. Consultant agrees to indemnify, defend and liold 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 claiins or actions wliicli 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 witli all applicable laws, ordinances and codes of the Federal, State, County and city governments, without regard to conflict of law principles.

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

6.8.1 Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and sliall 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 Tndemnification of CalPERS Detertnination - 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 competentjurisdiction or CalPERS to be eligible for ei'irollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold haimless City for the payment of any employee and/or employer contributions for CalPERS benefits on belialf of Consultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions wliich would otlierwise be tlie responsibility of City.
60 Agreement for Professional Services
MV Cheng & Associates

6.8.3 Business License Required. According to Title 2.08.40 of the Sorith Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of tlie 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 sliall be the sole responsibility of the Consultant.

6.9 Consultant's Personnel.

6.9.1. All services required under tliis Agreement will be performed by Consultant, or urider Consultant's direct supervision, and all personnel shall possess the qualifications, perinits and licenses required by State and local law to perform sucli services, including, witliout limitation, a City of South Gate business license as required by tlie Soutli Gate Municipal Code.

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

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

6.9.4. Consultant sliall 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 Copyrig}it. No repoits, maps or otlier documents produced in whole or in part under this Agreement shall be tlie subject of an application for copyright by or on belialf of Consultant.

6.11 Legal Construction.

6.ll.l.This Agreement is made and entered into in the State of California and sliall in all respects be interpreted, enforced and governed under tlie laws of the State of Califoritia without regard to conflict of law principles.

6.1l.2.Tl'iis Agreement shall be construed withorit regard to the identity of tl'ie persons who drafted its various provisions. Eacli and every provision of tliis Agreement shall be construed as though each of the paities participated equally in the drafting of tlie same, and any rule of consttauction tliat a docun'ient is to be construed 61 Agreement for Professional Services
MV Cheng & Associates

against the drafting party shall not be applicable to tliis Agreement.

6.ll.3.The article and section, captions and headings lierein liave been inserted for convenience oi'ily and shall not be considered or referred to in resolving questions of interpretation or construction.

6.ll.4.Whenever in this Agreement tlie context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and tlie singular sliall refer to and include tlie pliral.

6.8 Counterparts. This Agreement may be executed in counterparts and, as so executed, shall constitute aii agreement which sliall be binding upon all Paities l'iereiii.

6.9 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, furnislied or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or tlie failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that clieck. However, approval or payment by City shall not constitute, nor be deeined, 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 sucli approval or payment be deemed to be an assumption of SIICII responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

6.10 Corrections. In addition to tlie above indemnification obligations, Consultant sliall cotataect, at its expense, all errors in tlie work wliich may be disclosed during City's review of Consultant's repoit or plans. Should Consultant fail to make sucl'i correction in a reasonably, timely mai'iner, sucl'i correction shall be made by City, and tlie cost thereof shall be cliarged to the Consultant.

6.11 Files. All files of Consultant peitaining to City sliall be and remain the propelty of City. Consultant will control tlie physical location of such files during the term of tliis Agreement and shall be entitled to retain copies of sucli files upon terinination of this Agreement.

6.12 Waiver; Remedies Cumulative. Failure by a Party to insist upon tlie performance of any of the provisions of this Agreement by the otlier Party, irrespective of the lengtli of time for wliich sucli failure continues, sliall not constitute a waiver of such Paity's right to demand compliance by sucli otlier Party in tl'ie future. No waiver by a Party of a default or breach of tlie other Party shall be effective or binding upon suc}i a Party unless made in writing by sucli Party, and no such waiver shall be implied /7
62 Agreement for Professional Services
MV Cheng & Associates
Page8ofl0
from any omissions by a Party to take any action with respect to such default or breac]i. No express written waiver of a specified default or breach sliall affect any otlier default or breach, or cover ai'iy otlier period of time, other tlian any default or breach and/or period of time specified. All of tlie remedies permitted or available to a Party rinder this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any sucli riglit or remedy shall not constitute a waiver or election of remedies witli respect to any other permitted or available right of remedy.

6.13 Mitigation of Damages. In all sucli situations arising orit of tliis Agreenient, t}ie Parties shall attempt to avoid and minimize the damages resulting from tlie conduct of the otlier Paity.

6.14 Severability. If any provision in this Agreement is lield 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.

6.15 Attorney's Fees. The Parties hereto acknowledge and agree that each will bear liis or its OWII costs, expenses and attorney's fees arising out of and/or connected witli tlie negotiation, drafting and execution of tlie Agreement, and all matters arising out of or coiinected therewitli except tliat, in tlie event any action is brouglit by any Paity hereto to enforce this Agreement, the prevailing Party in such action sliall be entitled to reasonable attorney's fees and costs in addition to all otlier relief to which that Pany or those Parties may be entitled.

6.16 Entire Agreement and Amendments. Tliis Agreement constitutes tlie whole agreement between City and Consultant, and neither Party lias made any representations to tlie other except as expressly contained herein. Neither Party, in executing or perfoiaming this Agreement, is relying upon any statement or inforination not contained in this Agreement. Any amendments, cliaiiges or modifications to this Agreement must be made in writing and appropriately executed by botli City and Consultant.

6.17 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission witli confin'nation of delivery and depositing said notice in tlie United States mail, postage prepaid, and addressed as follows:
63 TO CITY:

City of Soritli Gate
Chris Jeffers, City Manager
8650 Califoniia Avenue
South Gate, CA 90280
Email: qjeffers(2jsogate.org
TO CONSULT ANT:

Misty Clieng
MV Cheng & Associates
102 W. 24th Street
Upland, CA 91784
(925) 963-9996
Agreement for Professional Services
MV Cheng & Associates

WITH COURTESY COPY TO:

City Clerk's Office
Yodit Glaze, City Clerk
8650 California Avenue
Soutli Gate, CA 90280
Email: [email protected]

6.18 Warranty of Authorized Signatories. Each of the signatories liereto warrants and represents that lie or slie is competent and authorized to enter into this Agreen'ient on behalf of the Paity for whom he or she purports to sign.

6.19 Consultation with Attorney. Consultant warrants ai'id represents that it l'ias consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.

6.20 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, neitlier Paxty may claim that the interpretation of tliis Agreement sliall be construed against eitlier Party solely because tliat Party drafted all or a portion of this Agreement, or the clause at issue.

7. EFFECTIVE DATE. The effective date of this Agreement is July 1, 2023, and will remain in effect through December 31, 2023, unless otherwise termixiated in accordance with the tenns of tliis Agreement.
[Remainder of page left blank intentionally.]
64 Agreement for Professional Services
MV Cheng & Associatcb
Page l O ola 10
IN SVITNESS WHEREOF, the Parties liereto liave caused tl'iis Agreement to be executed ai'id atested h> their resliective officers tliereunlo ciuly authorized. r
ATTEST:

Bv:

Yodit aze, City Clerk
EAL)
APPROVE AS TO FORM:

Bv:

Raul F. Salinas. C'ity Attorney
MY CHENG & ASSOCIATES:

Bv:

Misty Cheng, sid t & CEO
2S
65 MM,:

Th'Ij'CHENG&ASh(X:.i4TV'j'!
,%hmiciptil !'alueConsultants
May 30, 2023
City of Soutli Gate
8650 California Ave.

Soutl'i Gate, CA 90280
Dear Mr. Ryan:

Please accept tliis letter as MV Cheng & Associates Inc.'s proposal to your request for temporary Senior Accountant and/or Senior Financial Analyst level consultant for the City of South Gate.

My firm, MV Clieng & Associates Inc., operates as an incorporated business within the State of California, witl'i my associates being sub-contractors of the firm. Having over 20 years of experience in municipal auditing, accounting, and finance in several cities, large and small, has allowed me to be able to lend my expertise as a Finance Director to cities in need of financial help. I have served as Director of Finaxice and Director of Finance and Administrative Services for several cities, Most recently, I served as the Interim Deputy Administrative Services Director for the City of South Gate. In addition to the citiesIserve personally, my sub-contractors have worked in several cities on slioit and long term assignments ranging from Account Clerk, Accountant, Senior Accountant, and Accounting Manager as well as serving on a long term basis as contract staff. Myself, as well as all of my sub-contractors, are former employees of municipal government agencies. We bring a wealth of knowledge and expertise to our city clients, with a level of professionalism and understanding of the culture of the political and city office environments.

Witli respect to the accounting services requested, I will be presenting two candidates. Below is a brief synopsis of the candidates and tlieir rates. One candidate has been assisting the City for over 6 years and are extremely knowledgeable of tlie City of Sorith Gate's financial operations.

The other candidate has been assistiiig the City on and off for the past 3 years. * $85 per hour-Senior Accohintant/Senior Financial Analyst-Jim Raia-19 years of municipal experience consisting of positions such as Senior Accountant, Accountant II, Accountant/ Auditor II, Management Analyst.
66 @ $90perhour-ShirleyTung-37yearsofmunicipalexperienceconsistingofpositionssuch as Senior Accountant, Accountant, Senior Account Clerk, Consultant MV Cl'ieng & Associates Inc., is a unique 'fimi in tliat it employs predominantly fori'ner city/special district employees to work as sub-contractors in various cities on either a temporary/interim basis to long term contract staff. We bring a wealth of municipal knowledge and expertise in financial accounting that only city employees possess, yet we are consultants that can fill a void or bring change and improvement to a city's finance department.

The goal of MV Cheng & Associates Inc. is not to make a huge profit, but to help cities witli their needs in the finance department at competitive rates. Tlius, MY Cheng & Associates Inc. are Municipal Value Consultants!
Thank you for taking tlie time to consider my proposal for accounting/HR/IT assistance for your City. Should you liave any further questions, please do not hesitate to contact me at (925) 963- 9996 or email me at: [email protected]
Sincerely,
Misty V. Cheng
President & CEO
67 " :' ('i :ll+-' l .."" '[ Item No. 6
':'Si)G L " 2tlz"!L:
-vv b.i= qq'5;r City of South Gate

CITY COUNCIL
AGENN)A B'i'[LL
Departmeixt Director:

For the Regular Meeting ofi August 27, 2024
g Department: Public Works
$ Ciffl Manager: > VWl
oCervarxtes RobHouston
SUBJECT: AMENDMENT N0. 1 TO CONTRACT N0. 2024-25-AC WITH EXECUTIVE MANAGEMENT SECURITY, INC. FOR SECURITY SERVICES FOR HOLLYDALE COMMTJNITY PARK, CITY PROJECT NO. 607-PRK PURPOSE: To approve Amendment No. 1 to Contract No. 2024-25-AC ("Amendment No. 1") with Executive Management Security Inc., to provide security services for the Hollydale Community Park Project pursuant to the procurement process identified in Section 1.54.350 of the South Gate Municipal Code.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Ai'nendment No. 1 to Contract No. 2024-25-AC with Executive Management Security, Inc., ("Agreement") to continue provide security services for the Hollydale Community Park, City Project No. 607-PRK, in an amount not to exceed $50,000; and b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact to the General Fund. Amendment No. 1 to Contract No. 2022-84-CC is in the amount of $49,500 and it will be funded with Rendon Hollydale Regional Grant Fund budgeted in the Fiscal Year 2024/25 Capital Improvement Program ("CIP").

The total revised contract amount is $99,500, inclusive of Contract No. 2024-25-AC and Amendment No. 1.

ANALYSIS: The Hollydale Community Park Project is under construction, and was put on hold after the City Council terminated Contract No. 2022-84-CC with NR Development on April 9, 2024, due to default. After NR Development vacated the construction site, it was vandalized, and experienced break-ins and material theft. On March 26, 2024, the City awarded Contract No. 2024-25-AC to Executive Management Security, Inc., to provide security services to keep the construction site safe. The contract provided services from 7:00 pm to 7:00 am, for an amount not to exceed $49,500. The contract was approved administratively by the City Manager. The contract was for services from March 2024 to August 2024, however, construction is still on hold so the site continues to be vacant. Staff is recornrnending approving Ai'nendment No. 1 to the Agreement to continue services, from September 1, 2024, to November 30, 2024, or when construction starts on the Hollydale Coinmunity Park, for an amount not to exceed $50,000.

I
68 BACKGROUND: The Hollydale Cornrnunity Park Project is budgeted in the CIP. The improvements proposed include a 1,700 square-foot building, storm water chambers, playground, synthetic hirf, sand and water play area, basketball court shade structures, a new irrigation system, decomposed granite, park bench and picnic tables, permeable pavers, concrete flat work, and other miscellaneous park amenities.

Construction of the project is on hold. The City is negotiating with the surety, Great America Insurance Co., who has now selected a construction contractor to complete work. Construction will likely begin later this year. Until then, security services will be needed.

ATTACHMENT: A. Proposed Amendment No. 1 to Contract No. 2024-25-AC B. Contract No. 2024-25-AC
ES:lc
2 69
Amendment No. 1
AMENDMENT N0. 1 TO CONTRACT N0. 2024-25-AC FOR SECURITY

SERVICES FOR HOLLYDALE COMMUNITY PARK, CITY PROJECT N0. 607-PRK, BETWEEN THE CITY OF SOUTH GATE AND EXECUTIVE MANAGEMENT SECURITY, INC.

This Amendment No. 1 to Contract No. 2024-25-AC ("Amendment No. 1") for Security Services For Hollydale Corninunity Park, City Project No. 607-PRK is made and entered into on August 27, 2024, by and between the City of South Gate, a municipal corporation ("City"), and Executive Management Security, Inc. a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECIT ALS
WHEREAS, on March 26, 2024, the City, administratively, awarded Contract No. 2024- 25-AC with Consultant ("Agreement") for the Hollydale Community Park, City Project No. 607- PRK to provide security services, in the amount of Forty-Nine Thousand Five Hundred Dollars ($49,500).

WHEREAS, the City and Contractor/Consultant desire to execute Amendment No. 1 extending the term of the Agreement to remain in effect through and including completion of the Scope of Services, 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 and Ainendment No. 1 to a total sum of Ninety Nine Thousand Five Hundred Dollars ($99,500).

NOW, THEREFORE, the Parties hereby agree as follows:

1. MODIFICATION TO AGREEMENT

1.1 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.

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

70 Amendment No. l
Contract No. 2024-25-AC
EFFECT OF AMENDMENTS.

Except as expressly amended herein, all other tenns and conditions of the Agreement and its Ainendments, Attachments and Exhibits attached hereto shall remain in full force and effect. Without limiting tlie generality of the foregoing, the Agreement sliall remain unchanged during tlie teri'n of the Agreement as extended by Section 1 above. Furthermore, City reserves the right to augi'nent or reduce the scope of work as City deems necessary.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

ATTEST:

By:

Gil Hurtado, Mayor
Dated:

By:

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

By. &z&':.:,. =;=r
Raul F. Salinas, City Attorney GANNETT FLEMING, INC.:

By:

Eddie Delgadillo, Presidei'it
Dated:

71 Executive Management Security, Inc.

March 14, 2024
Elias,
It was a pleasure speaking to you regarding your security needs.

Executive Management Security provides highly trained and motivated security guards consistently. Our security officers have extensive years of training and experience and take pride in ensuring that our client's sites are secure.

Our company's reputation as having the best quality service is a direct result of the individual attention and custom modifications we make and deliver to all of our clients.

Security Deployment Strategies
We consider our management team's expertise and effectiveness to be one of our key differentiators. Our management team will be available to develop custom requirements, and procedures and answer any questions you may have. A supervisor will be assigned to the location to ensure overall contract compliance and performance evaluation of the on-site team. The same guards will be sent consistently to the account. However, a trained and familiar substitute will be necessary from time to time and the business will ensure that detailed policies and procedures about the job are forwarded to substitute guards by the supervisor.
72 Exer:uti\re Management Security, Inc.
;%IE """'%
ar6
Cost of Service
Executive Management Security, Inc. has a thorough and complete understanding of the work to be accomplished and can provide the below-listed rate to cover your park.

Specification Security Guard Rate Overtime Rate
Security Guard $30.00 $45.00
Executive Management Security Inc., recognizes the following federal holidays and our guards are to be compensated one and one-half times the employee's regular rate of pay for all hours worked on the following days:
* New Year's Day
* Martin Luther King Day
@ Presidents Day
* Memorial Day
* Independence Day
* Labor Day
* Thanksgiving Day
* Christmas Day
Thank you
,:rM' z:>
Eddie Delgadillo
President
(626) 616-4438
73 AIIachmen t'ontract No. 2024-25-AC

AGRF,F,MENT FOR PROFESSIONAL SERVICES FOR SECURITY

SERVICES BETWEEN THE CITY OF SOUTH GATE AND
EXECUTIVE MANAGEMENT SECURITY, mC.

This Agreement for Professiorial Services for Setavices ("Agreement") is made and entered into on Mare]i 26, 2024, by and between the City of South Gate, a municilial corporation ("City"), and Executive Managentent Security, Inc., a California corporation ("Consultant").

City and Consultant are sometimes hereinafter iiidividually referred to as a "'Paity" and collectively as "Parties."

RECIT ALS
WHEREAS, City desires to retain a qualified provider for certain services relating to site security service for the Hollydale Conununity Park; and WHEREAS, Consultant warrants to City tliat it l'ias the requisite skills, knowledge, qualifications, manpower and expertise to perfoim properly and timely the Professional Services under this Agreeinent; and
WHEREAS, based on such representatxon, City desires to contract with Consultaitt to perform the services as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:
1, SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set foith in the Scope of Services as desciibed in Exhibit "A" attached hereto and nnade part of this Agreement, The Scope of Services may be mutually amended from time to time by both Paities in writing.

2. COMPENSATION FOR SERVICES. The total amount of compensation for tliis Agreement shall not exceed the sum of Forty-Nine Thousand Five Hundred Donars ($49,500) as desciibed in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant for its professional services rendered and costs incirred pursuant to this Agreement, No additional compensation shall be paid for any other expenses iiicurred, unless first approved in writing by CITY MANAGER or his/her designee,

2.I Consultant shall be required to attend meetings at City Hall as necessary in t}ie delivery of the projects. Travel time between Consultant's office and City Hall shall not be billable, Consultant may request an exemption on a case-by-case basis, wliich shall be subject to City approval,

2.2 Consultant shall be paid in accordance with the schedule included in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant within thirty (30) days of receipt of the invoice.

2.3 No payinent made hereunder by City to Consultant, other than the final payment, shall 5116863.[-L235.0 (Foi'tnRev. 9/8/21)
74 Agreement for Professional Services
EXECUTIVE MANAGEMENT SECtJRITY mC.

be construed as an acceptance by City of any work or materials, nor as evidence of satisfactoiy perfortnance by Consultant of its obligations under tliis Agreement, 3, TERM OF AGREEMF,NT This Agreement is effective as of March 26, 2024, and will remain in effect until project completion, unless otherwise expressly extended and agreed to by both Paities in writing, or terminated by either Party as provided herein, 4, CITY AGENT. The ASSISTANT CITY IS'IANAGER/DIRECTOR OF PUBLIC WORKS ("ACM/Director'5)+ or his/her designee, for the prirposes of this Agreeme:i'it, is the agent for the City. Whenever approval or authorization is required, Consultant understaiids that the Director, or his/her designee, has the authoiity to provide that approval or aritliorization.

5. CONFLICT OF mTEREST. Consultant represents that it presently has no interest and shall not acquire any iiiterest, direct or indirect, in any reaI property located in the City which may be affected by the services to be perfoimed by Consultant under this Agreement, Consultant fiuther represents that in performance of this Agreement, no person having any such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will iinmediately notify City of any other conflict of iiiterest that may exist or develop during the term of this Agreement,

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

6. GENERAL TERMS AND CONDITIONS.

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

6.2 Termination for Cause.
6,2.1 City may, by written notice to Consultant, terminate the whole or any part of tliis Agreement in any of the following circutnstances:
a. If Consultant fails to perform the services reqriired by this Agreement within the t'me specified herein or any authorized extension tliereof, or 5116863.1- L235.0
75 Agreement for Professional Services

EXECUTIVE MANAGEMENT SECURITY INC,

b. If Consultant fails to perform tlie services called for by this Agreement or so fails to make progress as to endanger peiformance of tl'iis Agreement in accordance with its terms, and in either of these circumstances does not correct such failure witl'iiiig a period of ten (10) days (or sucli loiiger period as City may autliorize 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 siniilar 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 un:finished documents, data, studiesi drawings, maps, photographs, repotts, fih'ns, chaits, slcetclies, computations, surveys, models, or otlier similar documentation prepared by Consultant, Upon sucli termination, Consultant shall be paid ar':i amount equal to the value of the work I:ierformed. In asceitaig 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 incoinplete drawings, aiid to otlier doc'iunents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.

6.2,4 If, after notice of teitnination of tlie Agreement under the provisions of Subsection 6.2.1 above, it is determined, for any reason, that Consultant was not in defarilt, or that the default was excusable, then tlie rights and obligations of the Parties shall be the satne as if the notice of teimination had beei'i issued pursuant to Subsection 6.1. above.

6.3 Noxi-Assignability. Consultant shall not assign or transfer any interest in this Agreement withorit the express prior written consent of City.

6.4 Non-Discrimination.

6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veterarffmilitary status, in the perforinance of its senices and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and tlie City governments, Consultai'>t 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, ancestiy, sex, national origin, disability, or age, Consultant will take affin'native action to ensure that all employinent practices, 5116863.1-I,!35.0
76 Agreement for Professional Services
EXECUTIVE MANAGEMENT SECTJRITY INC.

Page4ofl0
including those of any subcontractors retained by Consultant to perforiu services rinder this Agreement, are free from such discrimination. Such employment practices include, but are limited to: hiring, 11pgrading, demotion, transfer, recniitnient, recruitment adveitising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

6.4.2 Tlie 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 docrunents, data, and records of Consultant atid its subcontractors for purposes of deteri'nining compliance with the eqrial employment opportunity and non- discriniination provisions of this Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriininatory practices) is available for review and on file with the City Clerlc's Office,

6.5 Insurance. Conmiltant sliall submit to City, certificates indicating compIiance with tlie following nninitmim insurance requiren'ients no less tl'ian one (1) day prior to beginning of perfomance rinder this Agreement:

6.5,1 Workers Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such workers' compensation insurance for their respective employees.

6.5.2 Comprehensive general and automobile liability insurance protecting Consultant in announts not less tlian $1,000,000 for personal injury to any one person, $1,000,000 for injuries aiising out of one occurrence, and $500,000 for propeity damages or a combined single linfft of $1,000,000, with an aggregate of $2,000,000. Eacb such policy of insurance shall:
a, Be issued by a financially responsible insurarxce company or companies admitted and arithoiized to do business in the State of California or which is approved in writing by City.
b. Name and list as additional iiisured the City, its officers and employees. c. Specify its acts as piimary insurance.
d. Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except ripon thirty (30) days prior written notice to City of such cancellation or material change."
5116863.1-L!35.0
77 Agreement for Professional Services
F,XECUTIVE MANAGEMENT SECURITY mC.

Page5ofl0
e. Cover the operations of Consultant pursuant to tlie terms of tliis Agreement.
6,6 Indemnification. Consultant agrees to indemnify, defend and hold harmless City md/or any otlier City agency, including other en'iployees, officers and representatives, for/from any and all claims or actions of any larid asseited against City and/or any other City agency arising out of Consultant's (including Consultant's ennployees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only sucli claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or ariy third paities not acting on behalf of, at the direction of, or under the control of Consultant,

6.7 Cotnpliance with Applicable Law. Consultant and City shall comply witli all applicable laws, ordinances, and codes of the Federal, State, Corinty and City governments, without regard to conflict of law principles. 6,8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be consttaued, to create the relationship of agency, servant, employee, paitnersbip, joint venture, or association, as between City and Consultant.

6.8.1 Consultant shall be an independent contractor and sliall have no power to ixicur 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 fortl'i, and Consultant expressly warrants not to, at any time or in any manner, represent tliat it, or any of its agents, servants or einployees are in any manner employees of City, it being distinctly understood tliat Consultant is and sl'iall at all times reinain to City a wl'iolly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreei'nent.

6.8.2 Indemifffication of CalPERS Detennination - In tlie event tliat Consultaixt or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is deterinined by a corirt of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shaIl indeinnify, defend, and hold harmless City for the payment of any employee and/or employer contiibutions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties aiid interest on such contributions which worild othemise be the responsibility of City.

6.8.3 Business License Reqriired. According to Title 2.08.40 of the Soxith Gate Municipal Code, a business license will be required prior to doing business withii'x the City, even if the busii'iess is located oritside of the City. Verification of a valid South Gate business license will be required prior to start of work and 5116863.1-L235.0
78 Agreement for Professional Services

EXECUTIVE MANAGEMENT SECURITY INC,

any fees associated with the acquisition or maintenance of sucli business license shall be tlie sole responsibility of Consultant.

6.9 Consultant's Personnel.

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

6.9.2 Consultant shall be solely responsible for the satisfactoiy work perfortnance of all personnel engaged in perfortning services required by this Agreement, and compliance witb all reasonable perfoimance standards established by City.

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

6.9.4 Consultant shall indemnify and hold liarmless City and all other related entities, officers, employees and representatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices or of any acts of omissions by Consultant in connection with the work perfornned aiising from this Agreement.
6,10 Copyright. No reports, maps or other docutnents produced in whole or in pait 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 witliout regard to conflict of law principles.

6.11.2 This Agreement shall be construed withorit regard to the identity of tlie persons who drafted its various provisions. Eacli and every provision of this Agreement shall be conshued as though each of the parties participated equally in tlie drafting of same, ai'xd any rule of constniction that a document is to be construed against the draffing party shall i'iot 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 5116863.1-L235,0
79 Agreement for Professional Services
EXECUTIVE MANAGEMENT SECURITY INC.

questions of interpretation or construction.

6.11.4. Whenever in tls Agreement tlie context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular sliall refer to and include the plt'iral.

6.12 Counterparts. This Agreement may be executed in counterparts and, as so executed, shall constitute an agreement wliich sliall be binding upon all Parties hereto, 6,13 Fiiial Payment Acceptance Constitutes Release. The acceptaiice by Consultant of the final payment made ruider this Agreement shall operate as and be a release of City from all clainis and liabilities for compensation to Consultant for anything done, furnished, or refating to Consultant's work or services, Acceptance of payment sl'iall be any negotiation of City's check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-consultants and agents for the accuracy and competency of the infomation provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, sub- consultants and agents,

6.14 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the worlc 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 cliarged to Consultant.

6.15 Files. All files of Consultai'it pertaining to City shall be and rernaiii 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 sucli files ripon termination of this Agreement.

6.16 Waiver; Remedies Ciimtilative. Failure by a Party to insist upon tlie performance of any of the provisions of this Agreement by the otlier paity, irrespective of the length of time for wliich such failure continues, shall not constitute a waiver of siich Party's right to demand compliance by sucli other Party in the future. No waiver by a Paity of a default or breach of the other party shall be effective or binding upon such a Party unless made in writing by SIICII Paity, and no such waiver shall be implied from any omissions by a Paity to take aiiy action with respect to sucli default or breach. No express written waiver of a specified default or breach shall affect any otlier defarilt or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of tlie remedies perinitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of 5116863.1-I235.0
80 Agreement for Professional Services
EXECUTIVE MANAGEMENT SECURITY INC.

ai'iy such right or remedy shall not coi'istitute a waiver or election of remedies with respect to any other pern'iitted or available right of remedy. 6,17 Mitigation of Damages. In ail such situations arising out of this Agreement, the Parties shall attempt to avoid and nninitnize the damages resultiiig from the conduct of the other Party.
6,18 Severability. If any provision in this Agreement is held by a corut of competent jurisdiction to be invalid, void, or unenforceable, tlie remaining provisions will nevertheless continue in 'full force without being impaired or invalidated in any way.

6.19 Attorneys' Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of aiid/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected tlierewith except that, in the eveiit any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasoriable attorneys' fees and costs in addition to all other relief to whicli tl'iat Party or those Parties may be entitled,

6.20 Entire Agreement and Amendments. This Agreement constitutes the whole agreement between City and Consultant, and neither party has made any representations to the other except as expressly contained lierein. Neither party, in executing or perfoiming this Agreement, is relying upon any statement or infornnation not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.
6,21 Notices. Any notice required to be given l'iereunder shall be deemed to have been given by email transmission with confirmation of deliveiy and depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY:

City of South Gate
Aituro Cervantes
Assistant City Manager/ Director of Public Works
8650 Califomia Avenue
South Gate, CA 90280
Ernail: [email protected]
TEL, (323) 563-9567
WITH COURTESY COPY TO:

City Clerk's Office
Yodit Glaze
City Clerk
8650 California Avenue
South Gate, CA 90280
Email: yzlaze@sozate,org
TEL: (323) 563-9510
t4
5116863.1- L235.0
81 Agreement for Professional Services
EXECUTIVE MANAGEMENT SECURITY mC.

TO CONSTJLTANT:

Eddie Delzadillo
President
Executive Manazement Security, Inc
1441 Huntinzton Drive #1590
Soutb Pasadena, CA 91030
eddie@,execmgtntsec,com
(800) 686-6353

6.22 Warranty of Authorized Signatories. Each of the signatories hereto warraitts and represents that he or she is co'i'npetent mid authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.

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

6.24 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in tlxe review and drafting of this agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of tlffs Agreement sliall be constiaued against either Paity solely because that Paity drafted all or a po'ition of this Agreement, or the clause at issue.

7. EFFECTIVE DATE. The effective date of this Agreement is March 26, 2024, and will reinain in effect tbrough and until project completion, unless otherwise terminated in accordance with the tern"is of this Agreement.
[Remainder of page left blank intentionally.]
tG
5116863.1- L235.0
82 Agreement for I)rofessional Services
EXECUTJVE MANAGEMENT SECURITY INC.

IN WITNF,SS WHEREOF, the Parties hereto have carised this %reen"ient to be executed andattested by their respective officers thereunto duly autl'iorized, City Manager
Dated : 3- 21, 2q
ATTEST:

B7:

Yodit laze, City C',lark
SEAL)
APPROVED AS T'O FORM:
i ,
B7:

IF. Salirias, City Attorney
EXECUTIVE MANAGEMEN'l'
Bddie De resident
, mC:

Dated: 8-24 L'f
5116863. l-L235.0
83 Executive Management Security, lm,.

March "14, 2024
Elias,
tt was a pleasure speaking to you regarding your security needs.

Executive Management Security provides highly trained and motivated security guards consistently. Our security officers have extensive years of training and experience and take pride in ensuring that our client's sites are secure.

Our company's reputation as having the best quality service is a direct result of the individual attention and custom modifications we make and deliver to all of our clients.

Security Deployment Strateqies
We consider our management team's expertise and effectiveness to be one of our key differentiators. Our management team will be available to develop custom requirements, and procedures and answer any questions you may have. A supervisor will be assigned to the focation to ensure overall contract compliance and performance evaluation of the on-site team. The same guards wi(l be sent consistently to the account. However, a trained and familiar substitute will be necessary from time to time and the business will ensure that detailed policies and procedures about the job are foarded to substitute guards by the supervisor.
84 Executive Management Security, Inc.

Cost of Service
Executive Management Security, Inc. has a thorough and complete understanding of the work to be accomplished and can provide the below-listed rate to cover your park. ,@'="J'iqp:8606"fim:}%,.W,4!U '.$.J239i7gJi0.!j ?=stQ4,k%i-Ml liW*!kJt'@'JFta'aat Security Guard $30.00 $45.00
Executive Management Security Inc., recognizes the following federal holidays and our guards are to be compensated one and one-half times the employee's regular rate of pay for all hours worked on the following days:
* New Year's Day
@ Martin Luther King Day
e Presidents Day
* Memorial Day
* Independence Day
* Labor Day
* Thanksgiving Day
* Christmas Day
Thank you
Eddie Delgadlllo
President
(626) 616-4438
td85
Item No. 7
,l

CITY COUNCIL
AGENDA BI[LL
Department Director:

For the Regular Meeting of.
ent:

August 27, 2024
Public Works
Chy Maixager:

Ro ous n
SUBJECT: APPROVE AMENDMENT N0. 1 TO CONTRACT N0. 2024-46-AC WITH APPLIED RESEARCH ASSOCIATES, INC., FOR THE CITY'S PAVEMENT MANAGEMENT SYSTEM REPORT, CITY PROJECT N0. 716-RPT PURPOSE: To ApproveAmendmentNo. 1 to ContractNo. 2024-46-AC ("AmendmentNo. 1") with Applied Research Associates, Inc. to fund additional professional services for the City's Pavement Management System, City Project No. 716-RPT.

RECOMMENDED ACTIONS: The City Council will consider:
a, Approving Amendment No. 1 to Contract No. 2024-46-AC with Applied Research Associates, Inc., ("Agreement") to fund additional services for the City's Pavement Management System, City Project No. 716-RPT, for an amount not to exceed $13,530; b. Appropriating $20,000 in Measure R Funds to fully fund all costs necessary to complete the Pavement Management System, City Project No. 716-RPT; and c, Authorizing the Mayor to execute the Professional Services Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no impact to the General Fund. Amendment No. l is in the amount of $13,530 and it will be funded with Measure R. The appropriation is in the amount of $20,000, and it will be funded with Measure R Funds and will include Program Administration. The following provides the plaru'ied budget expenditures.

Project Budget Measure R Fund
Contract No. 2024-46-AC $49,993
Amendment No. 1 $13,530
Program Administration $6,477
Total $70,000
ANALYSIS: Staff is developing a Pavement Management System ("PMS") that outlines the steps needed to both rehabilitate and preserve the pavement condition of this valuable City asset.

Currently the present value of the City's Steet system is approximately $281 Million. It contains approximately 126 centerline miles of streets. The PMS serves as the roadmap for future street maintenance. It implements a systematic program of maintenance, repair and improvement of the I
86 streets. It sets strategies and estimated costs for overall improvement to pavement conditions within City limits.

One of the goals of the PMS is to optimize the allocation of funds. To accomplish this goal, staff is proposing to update the PMS with new software system StreetSaver instead of Micropaver.

Street Saver is a user-friendly interface that includes an inventory management system, an analysis engine based on Budget Needs, Budget Scenarios, Project Selections, and Target Driven Scenarios Inspection and Maintenance & Rehabilitation treatment tracking, extensive reporting through summaries, reports, and graph and GIS Map.

Amendment No. I is a total cost of $13,530. The cost of $9,600 costs are pass-through costs not included in the Request for Proposal ("RFP"). An additional $3,930 is to recreate data not recoverable from the prior survey.

BACKGROUND: OneoftheCity'slargestcapitalinvestmentsisinthemaintenanceofthepaved roadway system. The City owns and maintains approximately 125.3 miles of paved roadways,

11.5 miles of paved alleys and 963,653 square feet of paved parking lots.

Metro requires the PMS to be updated every three years in order for the City to maintain its eligibility to receive Gas Tax and Proposition C funds. The last PMS was completed in 2021.

On January 18, 2024, staff advertised the RFP for construction on Planetbids platform. On February 13, 2024, three proposals were received. On March 5, 2024, interviews were held for the three consultants. On June 10, 2024, the agreement was administratively approved in the amount of $49,993.

ATTACHMENTS: A. Proposed Ai'nendment No. 1
B. Contract 2024-46-AC
GD:lc
2 87
Ai'nendment No. l
AIIach'J'Bnt4tNo. 2024-46-AC
AMENDMENT NO. l TO CONTRACT N0. 2024-46-AC FOR PROFESSIONAL

SERVICES FOR THE PAVEMENT MANAGEMENT SYSTEM REPORT FISCAL YEAR 2023-2024, CITY PROJECT N0. 716-RPT BETWEEN THE CITY OF SOUTH GATE AND APPLIED RESEARCH ASSOCIATES INC.

This Ai'nendment No. 1 to Contract No. 2024-46-AC for Professional Services ("Agreement") is made and entered into on August 27, 2024, by and between the City of Soutb Gate, a municipal corporation ("City"), and Applied Research Associates Inc., a New Mexico corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECIT ALS
WHEREAS, on June 10, 2024, the City Manager approved Contract No. 2024-46-AC with Consultant ("Agreement") for Pavement Management System Report Fiscal Year 2023- 2024, City Project No. 716-RPT in the amount of Forty-Nine Thousand Nine Hundred Ninety-Three Donars and Fifty Cents ($49,993.50);
WHEREAS, City and Consultant desire to execute Ai'nendment No. l for Professional Services, in an amount not to exceed Thirteen Thousand Five Hundred Thirty Dollars ($13,530;), under the teri'ns and conditions of the Agreement, Ainendment No. 1 bringing the aggregate total of the Agreement, Amendment No. 1 and to (Sixty- Three Thousand Five Hundred Twenty Three Dollars and Fifty Cents ($63,523.50).

NOW, THEREFORE, the Parties hereby agree as follows:

1. MODIFICATION TO AGREEMENT

1.1 SCOPE OF WORK
City hereby engages Consultant, and Consultant accepts such engagement, to perfornn the services set fortli 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.

1.2 COMPENSATION. The total amount of compensation for the Agreement, Amendment No. l shall not exceed the sum of (Sixty-Three Thousand Five Hundred Twenty-Three Dollars and Fifty Cents ($63,523.50). City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to the Agreement, and Ai'nendment No. 1. No additional compensation shall be paid for any other expenses incurred unless first approved by the City Manager.

1.2.1 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 the Consultant of its obligations under this agreement.

88 Ai'nendment No. 1
to Contract No. 2024-46-AC

1.2.2 TheConsultantshallsubmittotheCityabillofserviceswithinl5calendar days after the end of each month. The City shall pay the consultant within forty-five (45) days of receipt of this invoice.

1.3 TERM OF AGREEMENT. This Agreement will remain in effect through August 27, 2024, unless otherwise expressly extended and agreed to by both Parties in writing, or teri'ninated by either Party as provided herein.

EFFECT OF AMENDMENT. Except as expressly amended herein, all other terms and conditions of tlie Agreement and its Amendments, Attachi'nents and Exhibits attached hereto, shall remain in full force. City reserves the right to augment or reduce the scope of work as the City deems necessary.
[Remainder of page left blank intentionally.]

'7' 89
Amendment No. 1
to Contract No. 2024-46-AC
IN WITNESS WHEREOF, tlie Parties hereto have caused this Ai'nendment No. l to be executed and attested by tlieir respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

By:

Gil Hurtado, Mayor
Dated:

ATTEST:

B7:

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

B7:

Raul F. Salinas, City Attorney
APPLIED RESEARCH ASSOCIATES, INC.:

BY:

Michael Harrell, PE
Dated:

90 AttacThmell' "tontractNo.2024-46-AC

AGREEMENT FOR PROFESSIONAL SF,RVICES FOR PAVEMEN'II' MANAGEMENT SYSTEM SERVICE8 BETWEEN THE CITY OF SOUTH

GATE AND APPLIED RESEARCH ASSOCIATES, INC
Tliis Agreement for Professional Services for Services ("Agreement") is made and entered into on April 9, 2024, by ai'id between the City of South Gate, a municipal corporation ("City"), and Applied Research Associates, Inc., a New Mexico corporation ("Consultant").

City and Consultant are sometimes liereinafter ixidividually referred to as a "Party" arid collectively as "Parties."

RECIT ALS
WHEREAS, City desires to retain a qualified provider for certain services relating to development of the Pavement Management System report; and WI{EREAS, Consultant warrants to City that it has tlie requisite slcills, 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 cont'ract with Consultant to perform the services as described in the Scope of Sex-vices attached l'iereto as Exhibit "A" of this Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

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

2. COMPENSATION FOR SERVICES. Tlie total amount of compensation for this Agreement shall not exceed thc sun'i of Forty-nixie Thousand Nine Hundred Ninety-three Dollars ($49,993.50) as described in Consultant's proposal attaclied hereto as Exhibit "A." City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incrirred, rinless first approved in writing by CITY MANAGER or hisfher designee,

2.1 Consultant shall be reqriired to attend meetings at City Hall as necessary iii the delivery of the projects. Travel time between Consultant's office and City Hall shall not be billable, Consultant may request an exen'iption on a case-by-case basis, which shall be subject to City approval.

2.2 Consultant sl'iall be paid in accordance with the schedule inctuded in Consultant's proposal attaclied hereto as Exhibit "A." City shall pay Consullarit within thirty (30) days of receipt of the invoice.

2.3 No payment made hereunder by City to Consultant, other than the final payment, shall 5)16863.1-L235.0(FortnRev.9/8/2])
91 Agreement for Professional Services

APPIJED RESEARCH ASSOCIATES, INC

be construed as an acceptance by City of any work or materials, nor as evidence of satisfactoiy performance by Consultant of its obligations under this Agreement. 3, TERM OF AGREEMENT. This Agreement is effective as of April 9, 2024 and will remain in effect for a period of 7 months from said date or until project completion, unless othei'wise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.

4. CITY AGENT. The ASSISTANT CITY MANAGER/DIRECTOR OF PUBLIC WORKS ("Director"), or his/her designee, for the purposes of this Agreement, is the agent for the City. Whenever approval or aritl'ioiization is required, Consultant understands that tl'ie Director, or his/her designee, has the authority to provide tliat approval or authorization. 5, CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire axty interest, direct or indirect, in any real property located in the City whicli may be affected by the services to be performed by Consultant under this Agreement.

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

5.1 Consultant represents that no City employee or official has a material financial interest in Consultant's business, During the term of this Agreemei'it and/or as a result of being awarded this contract, Consultant shall not offer, enco'i'irage or accept any financial interest in Consultant's business or in this Agreement by any City employee or official. 6, GENF,RAL TERMS AND CONDITIONS.
6,1 Termination for Convenience. City may terininate this Agreement at any ti'ine without cause by giving fifteen (15) days written notice to Consultant of such teimination and specifying tlie effective date thereof. In that event, all finished or uiifinished documents and other materials sliall, at the option of City, become its property. If this Agreement is tetminated by City as provided l'ierein, Consultant will be paid the total amount of its costs as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreetnent.

6.2 Termination for Cause.

6.2.1 City may, by wiitten notice to Consultant, terminate the whole or any part of this Agreement in any of the following circimstances:
a. If Consultant fails to perform the services required by this Agreement within the time specified herein or any arithorized extension thereof; or 5116863.1-L235.0
92 Agreement for Professional Sei'vices

APPLIED RESEARCH ASSOCIATES, INC

b, If Consultant fails to perform tlie services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terins, and in either of these circumstances does not correct such failure withing a period of ten (10) days (or such Longer period as City tnay autliorize in writing) after receipt of notice from City specifying sucli failure.

6.2.2 In the event City terininates tMs Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon sucli terms and ii'i stich mamer 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, pliotographs, reports, films, charts, sketches, computations, sutveys, models, or otlier simiIar documentation prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to tlie value of the work performed. In ascertairmg the value of the work perfortned 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 docutnents whether delivered to City or in possession of Consultant, and to authorized reimbirsenient expenses. 6,2.4 If, after notice of teimination of the Agreement under the provisions of Subsection 6.2.1 above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, tlien the tights and obligations of tl'ie Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6.1. above.
6,3 Non-Assignability. Consuftant shall not assigrx or transfer any interest in this Agreement without tlie express prior written consent of City.

6.4 Non-Discrimination.

6.4.1 Consultant shall not disciiiniiiate against any employee, subcontractor, or applicant for employinent because of race, creed, gender, gendcr identity (including gender expression), color, religion, ancestiy, 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 witl'i all applicable laws, ordinances and codes of the Federal, State, and County and the City governments. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, anceshy, sex, national origin, disability, or age.

Consultant will take affirmative action to ensure that all employment practices, 5116863.1-L235.0
93 Agreement for Professional Services

APPLIED RESEARCH ASSOCIATES, INC

including those of any subcontractors retained by Consultaiit to perforn':i services mder this Agreement, are free from such discrimination. Sucli employment practices include, but are limited to: hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticesl'iip.
6,4.2 The provisions of Subsection 6.4.1 above shall be included iii all solicitations or advertisements placed by or on behalf of Consultant for persoiinel to perform any services under this Agreement. City sliall have access to all documents, data, and records of Consultant and its subcontractors for prirposes of detemining compliance with the equal employment opporturiity and non- discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file witli the City Clerk's Office.

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

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

6.5.2 Con'iprehensive general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injriry to any one parson, $1,000,000 for injuries arising out of one occuirence, and $500,000 for property damages or a coinbined single liinit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance sliall:
a. Be issued by a firiancially responsible instnance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
b. Name and Jist as additional iiisured the City, its officers and employees. c. Specify its acts as primary insurance,
d. Contaiii a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be caiiceled except upon thirty (30) days prior written notice to City of sucl'i cancellation or material change."
5116863.1-L235.0
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APPLIED RESEARCH ASSOCIATES, INC

e, Cover tbe operations of Consultant pursuant to the terms of tlus Agreement,

6.6 Indemnification. Consultant agrees to indemtfffy, defend and hold harmless City and/or any other City agency, includiiig 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 rmder this Agreement, excepting oiy such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third paities not acting on behalf of, at the direction of, or under the control of Consultant.

6.7 Compliance with Applicable Law. Consultant and City shall comply with all applicable laws, ordinances, and codes of the Federal, State, County and City governments, witlioutregard to conflict of law principles. 6,8 Independent Contractor. This Agreement is by and between City and Consultant aiid is not intended, nor sliall it be constiued, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between City and Consultant.

6.8.I 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 sliall 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 miy time or in any maimer, represei'it that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is aiid shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely sucli as are prescribed by this Agree'inent.

6.8.2 hidemnification of CalPERS Determination - In the event tliat 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 indetnnify, defend, and hold harmless City for the payment of any employee aiid/or employer contributions for CalPERS benefits on behalf of Corisultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions which would othei'wise be the responsibility of City.

6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Mrinicipal Code, a business Iiceiise will be required prior to doing business witliin the City, even if the business is located outside of the City. Verification of a valid Soutli Gate business license will be required piior to start of work and }O
5116863.1-L235.0
95 Agreement for Professional Setavices
APPLIED RESEARCH AS80CIATES, INC

any fees associated with the acquisition or maintenmice of sucli business license shall be the sole responsibihty of Consultant,

6.9 Consultant=s Personnel.

6.9.1 All services required under the Agreen'ient 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 satisfactoiy work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performaiice standards established by City.

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

6.9.4 Consultant sliall indemnify and hold harmless City and all other related entities, officers, employees and represeiitatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices or of any acts of omissions by Consultaiit in coiiiiection with the worlc performed arising from this Agreement.
6,10 Copyright. No reports, maps or other doctunents 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 intetpreted, cnforced, and governed under the laws of the State of California without regard to conflict of law principles. 6,11.2 This Agreement sliall be construed without regard to the identity of the persons wlio drafted its various provisions. Each and every provision of this Agreement shall be construed as tliough eacli of tlie parties participated equally in tlie drafting of same, and any rute of consttauction that a document is to be constnied against the drafting party shall not be applicable to this Agreement.

6.11.3. Tlie aiticle and section, captions and headiixgs herein have bsen inserted for convenience onIy and shall not be considered or referred to iti resolving 5116863.1-L235.0
96 Agreen'ient for Professional Services

APPLIED RESF,ARCH ASSOCIATES, INC

questions of intetpretation or constiuction.

6.1I.4. Whenever in this Agreement the context may so require, the masculine gender sliall be deemed to refer to and inch'ide the feminine and neuter, and the singular shall refer to and include the plural,

6.12 Counterparts. This Agreetnent may be executed in counterparts and, as so executed, sl'iall constitute an agreement wliich shall be binding upon all Parties hereto.

6.13 Fixial Payment Acceptance Coxistitutes 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 sliall be any negotiation of City's check or the failure to make a written extra compensation claim within ten (10) calendar days of tlie receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-consultants and agents for the accriracy and competency of the information provided and/or work peifoimed; nor shall such approval or payment be deemed to be an assiimption of sucli responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, sub- consultants and agents.

6.14 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work wliicli may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such cotrection in a reasonably, timely manner, such correction shall be made by City, and the cost thereof shall be cliarged to Consultant.

6.15 Ftles. All files of Consultant peitaining to City shall be and remain the propeity of City. Consultatxt will control the pliysical focation of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.16 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the otlier party, irrespective of the length of time for whicli such failure continues, sliall not constitute a waiver of sucli Party's right to demand compliance by such other Party in the fuL'tire. No waiver by a Party of a default or breach of tlie other party shall be effective or binding upon such a Party unless made in writing by such Puty, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breacli. No express written waiver of a specified default or breach shall affect any other defaull or breach, or cover any other period of titne, other than any default or breacli 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, shaIl be cumulative and alternative, and invocation of 5116863. l- L235.0
97 Agreement for Professional Services

APPLIED RESEARCH ASSOCIATES, INC

any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

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

6.18 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

6.19 Attorneys' Fees. The Parties }iereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected tlierewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that Party or those Parties may be entitled.

6.20 Entire Agreement and Amendments. This Agreement constitutes the wliole agreement between City and Consultant, and neither party lias made any representations to the otlier except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.

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

TO CITY:

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

City Clerk's Office
Yodit Glaze, City Clerk
South Gate, CA 90280
Email: yglaze@,sogate.org
TEL: (323) 563-9510
5116863.1-L235.0
98 TO CONSULT ANT:

Gregory Starks
Sr. Contract Administrator
Applied Research Associates, Inc
4300 San Mateo Blvd. NE Suite A-220
Albuquerque, nm 87110
gstarks(2i),ara.com
(562) 480-0066
Agreement for Professional Services

APPLIED RESEARCH ASSOCIATES, INC

WITH COURTESY COPY TO:

Phillip Donovan, PhD PE
Principal Engineer
Applied Research Associates, Inc
165 S. Chestnut Street
Ventura, CA 93004
[email protected]
(719)649-9505

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

6.23 Consultation with Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntaiily decided to forgo such a consultation. 6,24 Interpretation Against Drafting Party. City and Consultant agree tl'iat they have cooperated in the review aiid draffing of tliis 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 Agreenient, or the clause at issue.
7 EFFECTIVE DATE. The effective date of this Agreement is April 9, 2024, and will remain in effect tlirough and until project completion, unless otherwise terminated in accordance with the terms of this Agreen'ient.
[Remainder of page left blank intentionally.]
5116863. I-L23 5.0
99 Agreement for Professional Services

APPLIED RESEARCH ASSOCIATES, INC

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

CITY OF SO ATE
R Houston, City Manager
natea:(O'il'XIZO'-'+
ATTEST:

By:

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

F. Salinas, City Attoi'iiey

APPLIED RESEARCH ASSOCIATES, INCQ
B)7: ,,:iz#
Dated: 04/23/2024
5116863 I-L235 0
100
Exhibit A
I i
r p xi.u I I i s aJ a q I sa- J a z- 1. z .i a a s a I a 2 ) 11l a I L V -. J N [! I U11! I I (4ffl 'ffi',! X I <} ] l---
Task 1- Kickoff and Status/Progress
Meetings
Item 1: Kickoff Meeting, progress meetings, and
City Council Presentation 55,373.73
Task 2 - Pavement History, QA/QC
Item 1: Update pavement History Database S2,253.38
Item 2: Project QA/QC Sl,249.26
Task 3 - Pavement Condition Survey
Item 1: Project Management Sl,739.19
Item 2: Pavement Data Collection S17,431.92
Item 3: Pavement Distress Analysis Sll,568.78
Item 4: StreetSaver Import and GIS update S3,464.02
Task 4 - Budgetary Analysis Item 1: Budget Scenario Analysis S3,828.20 Task 5 - State of the Streets Report Item 1: Final Recommendations and Report 53,085.02 Total: S49,993.50
101
i i - , ;1 ,,' a ( i ,' l
Item No. 8
AitJ(;i X ' 202'7

CITY COUNCIL
AG-ENIDA aJ[LL
DepartmentDirector:

For the Regular Meeting of: August 27, 2024
artment: Public Works
o Cervantes
SUBJECT: AGREEMENT WITH ZZ CONSTRUCTION, INC., FOR THE CONSTRUCTION OF THE HOLLYDALE COMMUNITY PARK, CITY PROJF,CT N0. 607-PRK P{JRPOSE: To award an Agreement to ZZ Construction, Inc., for the construction completion of Hollydale Cornrnunity Park, ("Project").

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving Agreement with ZZ Construction, Inc., for the construction completion of Hollydale Community Park, City Project No. 607-PRK, in an amount not-to-exceed $2,001,373; b. Appropriating $499,931 received from Great America hisurance Co., as payment for losses the City incurred due to Contract No. 2022-84-CC being terminated for contractor default, to fund the Hollydale Cornrnunity Park, City Project No. 607-PRK; c. Authorizing the City Manager to approve change orders administratively up to a cumulative amount of $200,000 to avoid delaying construction if change order work is needed; d. Authorizing the City Manager to approve pre-payments of construction progress payments for the construction contract to meet compliance with state legislation that requires payments within 30 days; and
e. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no impact to the General Fund. The proposed Agreement is in the amount of 2,001,373 and it is budgeted in the Capital Improvement Program ("CIP"), as summarized below.

Prop 68 Prop A
Rendon
Regional
Bonding
Co.

Total
Budget
Total Project Budget $4,158,942 $285,000 $1,600,000 $499,931 $6,543,873 Design Phase ($250K, FY 17/18) $5,336 $5,336
Original construction Phase (Gross) $3,734,182 $3,734,182 Change Order, original constiuction $135,792 $135,792 Construction Contract $419,424 $105,049 $1,157,538 $319,361 $2,001,372 Construction Contingencies $200,000 $200,000
Construction Management $180,570 $180,570
Construction Support (Architect) $86,298 $86,298
Other Costs $93,653 $106,670 $200,323
Total Project Costs $4,158,942 $285,000 $1,600,000 $499,931 $6,543,873 1 102
ANALYSIS: On September 27, 2022, the City Council approved Contract No. 2022-84-CC with NR Development in the amount of $4,899,816. Constiuction began on November 2, 2022, and ended approximately on Februaiy 14, 2024, after staff detennined that NR Development defaulted and abandoned the job site. On April 9, 2024, the City Council terminated Contract No. 2022-84-CC. The City filed a claim against Great America Insurance Co., the performance bond company ("Surety"), to arrange for construction completion. A settlement agreement was reached with the Surety which was approved by the City Council on July 23, 2024. Under the settlement agreement, the City receives a $499,931 settlement and agrees to accept the Surety company's selected replacement contractor, 22 Construction, Inc. ("22"), to complete construction. The $499,931 settlement reflects the cost difference between the contract balance ($1,766,131) and the completion contractor's price $2,001,373, as well as the amount negotiated between the Surety and the City ($264,690).

ZZ was selected through a competitive bid process that followed the Surety's requirements. The City is required to award a construction contract to 22 based on the settlement agreement, and not the based on the bidding requirements of the public contract code. The Surety's process began on June 11, 2024, in where the Surety solicited bids from five (5) prospective bidders. On July 9, 2024, five (5) proposals were received where 22 Construction Inc., provided the lowest bid. The City is now required to award a construction contract to 22 to complete constiuction of the project. The following summarizes ZZ's bid; Base Bid Alt. No. 1 Alt. No. 2 Total
$1,882,372 $89,000 $30,000 $2,001,372
BACKGRO{JND: The Hollydale Community Park Project is budgeted in the CIP. The improvements proposed include a 1,700 square-foot building, storm water chambers, playground, synthetic turf, sand and water play area, basketball court shade structures, a new irrigation system, decomposed granite, park bench and picnic tables, permeable pavers, concrete flat work, and other miscellaneous park amenities.

Construction of the project is 80% complete. Under the proposed contract, ZZ will resume construction of partially completed improvements we as well as the remaining improvements. 22 will also assume all warranty or latent defects for work completed by NR Development Inc.

The total paid to NR Development was $3,734,182, thus there is $1,766,131 contract balance remaining, as well as $186,709 in retention funds, to fund construction completion. The City will keep the retention amount and use it to fund construction. Thus, the total project budget is $6,543,873, which is inclusive of all project costs and settlement agreement compensation.

Construction is scheduled to begin October 2024 and scheduled for completion December 2024, for a total of 60 working days.

ATT ACHMENTS: Proposed Agreement 22 Construction, Inc.

Bid Proposal
Staff Report - Temiination of Contract No. 2022-84-CC ES:lc
2 103
Attachment A

AGREEMENT FOR HOLLYDALE COMMUNITY PARK IMPROVEMENT PROJECT, CITY PROJECT N0. 607-PRK, BETWEEN THE CITY OF SOUTH GATE AND ZZ CONSTRUCTION, INC.

This Agreement for the Hollydale Community Park Improvement Project, City Project No. 607-PRK ("The Park") ("Agreement"), is made and entered into on August 27, 2024, by and between the City of Soutl'i Gate, a municipal corporation ("City"), and ZZ Construction, Inc., a California corporation, License No. 1054314 ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties." The City and the Contractor hereto mutually agree as follows:

ARTICLE I

THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees with City to perform and complete in good and workmanlike manner all work required by the Contract Documents for City Contract No. , which involves the Park, City Project No. 607-PRK.

Said work shall be performed in accordance with the Plans, Specifications, and other Contract Documents, all of which are referenced in Article III hereof and incorporated herein as though fully set forth. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City.

ARTICLE II

CONTRACT SUM AND PAYMENT
For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefore, the contract sum of Two Million One Thousand Dollars Three Hundred Seventy two Dollars and Thirty Nine Cents ($2,001,372.39) set forth in the Bid Schedule(s) that are included among the Contract Documents. Said sum shall constitute payment in full for all work perforined hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.
104

ARTICLE III

CONTRACT DOCUMENTS
The Contract Documents, which constitute the entire Agreement between the City and the Contractor, are enumerated as follows: the Notice Inviting Bids, the Instructions to Bidders, the Accepted Proposal, the Bid Schedule(s), the List of Subcontractors, Contractor's Industrial Safety Record, the Contractors Qualification Statement, the Bid Security Fon'ns for Check or Bond, this Agreement, the Worker's Compensation Insurance Certificate, the Performance Bond, the Payment Bond, the Non-Collusion Affidavit, the Specifications, and Special Provisions and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and any and all supplemental agreements heretofore or herewith executed amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner, all of which are referred to as the Contract Documents. These form the entire "Contract", and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

ARTICLE IV

INDEMNIFICATION
The Contractor shall indemnify, hold hari'nless and defend (with counsel selected by the City), the City of South Gate and its affiliated entities, its officers, employees, consultants and sub- consultants, their respective officers, agents, employees (collectively the "Indeinnified Parties"), from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losseS occurring or resulting to any person, firnn, corporation or property for damage, injury, death arising out of or connected with the Contractor's obligation to indemnify, defend and save harmless the "Indemnified Parties" as stated hereinabove including, but not be limited to, paying all legal fees and costs incurred in coru'iection with any such daims, losses, lawsuits or actions. THIS

PROVISION SHALL SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE

PROVIDED UNDER THIS AGREEMENT AND THE OTHER CONTRACT DOCUMENTS

ARTICLE V

COMMENCEMENT, COMPLETION AND LIQUIDATED DAMAGES
Contractor shall coininence work on a date to be specified in a written Notice to Proceed from the City's Director of Public Works, and shall complete all work within ninety (90) calendar days thereafter (subject to "force majeure" delays, if any, to the extent allowed under the Contract Documents). If the work is not completed within that time, Contractor shall owe and pay to the City liquidated damages in the amount or amounts set forth in the Contract Documents. 4 105

ARTICLE VI

EFFECTIVE DATE
Tliis Agreement shall become effective and commence on August 27, 2024.

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)7:

Gil Hurtado, Mayor
Dated:

ATTEST:

BY:

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

BY:

Raul F. Salinas, City Attorney
ZZ Construction, Inc.

B)/:

Zachary Zatica, President
Dated:
106

WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following fori'n as required by the California Labor Code, Sections 1860 AND 1861.

I am aware of the provisions of Section 3700 of the Labor Code whicli require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before corni'nencing the perfonnance of the work of this Contract.

DATED:
22 Construction, INC.

Contractor
By:

Name
President
Title
ATTEST:

BY:

Signature
Title
107

INDEMNIFICATION AND LIABILITY INSURANCE REQUIREMENTS The following requirements must be met when submitting insurance ceitificates to the City of South Gate in connection with Public Works and other projects:

The insurance certificate must be issued to tl'ie City of South Gate, 8650 California Avenue, Soutli Gate, CA 90280, attention of the City Engineer.

Tlie City of South Gate, South Gate Housing Authority, and their officers, employees, elected officials, and agents must be shown as additional insured per ISO CG 20 101185, and separate endorsement signed by an authorized representative of the insurance company is required.

The City has the right to request a copy of complete insurance policy including all endorsements and certificates.

The Certificate must include cross liability coverage either included in the Commercial General Liability coverage, and so indicate on the face of the Certificate under that heading or by separate endorsement.

The Certificate should also indicate that the insurance covers "All Operations" or should specify the particular services to be provided.

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property whichmay arise from or in connection with the perfori'nance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors
Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Corni'nercial General Liability coverage (occurrence from CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Course of Construction insurance covering for "all risks" of loss. Earthquake and flood insurance is not required to be furiiished by the Contractor 108
Contractor shall maintain limits no less tlian:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other fornn witli a general aggregate limit is used, either the general aggregate limit shall apply separately to the project which is the subject of this Agreement and the location where work thereunder is to be perfonned, or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

4. Course of Construction: Completed value of the project that is the subject of this Agreement.

Deductibles and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as insurers with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations perfon'ned by or on behalf of the Contractor including materials, parts or equipment fui'nished in connection with such work or operations.

General liability coverage can be provided in the fonn of an endorsement to the Contractor's insurance or as a separate owner's policy.

2. For any claims related to the project that is the subject of this Agreement, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, or modified, by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 109
Course of construction policies sl'iall contain tlie following provisions:

1. The City shall be named as loss payee.

2. The insurer shall waive all rights of subrogation against the City.

Acceptability of Insurers
Insurance is to be placed with insurers witli a current A.M. Best's rating of no less than A:VII.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatoiy endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's fonns, provided those endorsements or policies conforin to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors
Contractor shall include all subcontractors as insurers under its policies or shall 'furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

Indemnification
The Contractor shall indeinnify, hold hari'nless and defend (with counsel selected by the City of South Gate), the City of South Gate, the City of South Gate Housing Authority, their consultants and sub-consultants, and their respective officers, agents, and employees, from any and all claims and losses whatsoever occurring orresulting to any and all persons, firms, corporations or other entities furnishing or supplying work, services, materials, or supplies in coru'iection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or other entity, or property for damage, injury, death arising out of or connected with the Contactor's obligation to indemnify, defend and save hari'nless the City of South Gate, the City of South Gate Housing Authority, their consultants, sub-consultants, and other parties listed above, as stated hereinabove shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City of South Gate's choice in representing the City of South Gate, the City of South Gate Housing Authority, consultants and sub-consultants in coru'iection with any such claims, losses, lawsuits or actions. THIS PROVISION SHALL

SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE PROVIDED

UNDER THIS AGREEMENT
110

HOLLYDALE COMMUNITY PARK IMPROVEMENT PROJECT,
CITY PROJECT N0. 607-PRK

FAITHFUL PERFORMANCE BOND
100% OF CONTRACT AMOUNT
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of South Gate ("City" herein) has awarded to ZZ Construction, Inc., ("Contractor" herein) a Contract for:

THE CONSTRUCTION OF HOLLYDALE COMMUNITY PARK IMPROVEMENT PROJECT, CITY PROJECT NO. 607-PRK; and
WHEREAS, said Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required under the teri'ns of said Contract to furnish a bond for the faithful perfori'nance of said Contract;
NOW, THEREFORE, we, Contractor and as Surety,
are lield and firmly bound unto the City in the penal sum of ($ 3 lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, fin'nly by these presents.

The condition of this obligation is such that the obligation shall become null and void if the above-bounded Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep and perfon'n the covenants, conditions and provisions in said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to tl'ieir true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred by the City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the ternns of the Contract, the work to be performed thereunder, or the specifications that accompany the Contract shall in any manner affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract, the work, or the specifications.
111
Note: All signatures must be acknowledged before a notary public. Attach appropriate aclaiowledginent.

CONTRACTOR NAME:

By:

Name
Title: President
(Type address of Contractor)
(Type name of Surety)
(Type address of Surety)
BY:
(Signature of authorized officer)
(Title of officer)
APPROVED AS TO FORM:

Raul F. Salinas, City Attorney
112

HOLLYDALE COMMUNITY PARK IMPROVEMENT PROJECT,
CITY PROJECT N0. 607-PRK
100% PAYMENT BOND
WHEREAS, the City of South Gate, South Gate, California ("City" herein), has awarded to ZZ Construction, Inc., ("Contractor" herein) a Contract for the work described as follows:

THE CONSTRUCTION OF HOLLYDALE COMMUNITY PARK IMPROVEMENT PROJECT, CITY PROJECT N0. 607-PRK
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, to secure the payment of claims of laborers, mechanics, material suppliers and other persons, as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firinly bound unto the City in the sum of ($ for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 9100(a), or amounts due under the Unemployment Insurance Code with respect to work or labor perforined under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. If suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to the plaintiff(s) and the City in an amount to be fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100(a) as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration or modification of the Contract Documents or of work to be perfori'ned thereunder.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Contractor and Surety on , 2024.
113
Note: All signatures must be acknowledged before a notary public. Attacli appropriate acknowledgment.

CONTRACTOR:
, INC.

By:

Name
Title:
(Type address of Contractor)
(Type name of Surety)
(Type address of Surety)
BY:
(Signature of authorized officer)
(Title of officer)
APPROVED AS TO FORM:

Raul F. Salinas, City Attorney
114

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY

EACH AWARDEE OF A PRINCIPAL CONTRACT

ST ATE OF CALIFORNIA
CO[TNTY OF
being first duly sworn, deposes and says that he is of (sole owner, a
partner, president, etc.) the party making the foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, coini'nunication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged infon'nation or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository or to any member or agent thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said bidder in their general business.

Signed
Title
Subscribed and sworn to before me this day of , 2024.

Notary Public
(Attach Notary Certificate)
115
Attachment B
\,iis HELD
RFP Addendum 01 - Hollydale Community Park
June 21, 2024

RFP ATTACHMENT1- LUMP SUM PROPOSAL WITH UNIT PRICES FORM The Lump Sum proposal includes all costs required to complete all remaining work per the terms of the Contract between the City and NRD. The Lump Sum Proposal also includes all costs necessary to complete any and all work required relating to City issued Change Orders, Defects, and Theft and Vandalism. The Lump Sum Proposal include costs associated with pending or future changes or unknown defective work (warranty or latent defects).

BIDDER'S LUMP SUM PROPOSAL: 6 11882137'39
(attach Completion Bid Schedule)
Bidder agrees that thls prlce w/// be guaranteed for a pedod of nlnety (90) calendar days from the bld due date and that Bidder W/// €Ompkte all WOrk requked hp thfi rnntrtltt hltW6eii I/it cityandmonolaterthan jd2 wor4dngf:hysafterNotlcetoProteedhfssuedbyGAlCorthe City. (Refer to Section C. SPECIAL CONDIT?ONS - TIME OF COMPLETION for a potential tlmeline.) ADD ALTERNATE #1 - WARRANTY AND LATENT DEFECTS: S 89,000-00 Please see documents Included In RFP Exhfbit 12 to be used for prlclng and Indude o detailed breakdown of Bidder's cost to support this lump sum amount.

ADD ALTERNATE #2 - PROJECT DURATION OF -60 WORKING DAYS: S 301000-00 // Bidder's proposed duratlon with Its Lump Sum Proposal above is less ttmn or equo/ to the umrklng days Ilsted In this AddAlternate, then thls sho// be 5o.oo.

ADDENDUM ACKNOWIEDGEMENT: =01 - -6.21.24 02- 6.26.24 03- 6.28.24 04- 7.3.24 PrOpOs;il natpa JLjl%t 22, 2024 Contractor's License No.: 1054314 Name of Bidder:

Authorized Signature:

Title:
22 Construction, Inc
5 President
Zachary Zatica
Surety (do not list agent): Weskern Suret'X Comt)ar!' Attach 10% Bid Bond or Surety Letter confirming 100% Payment & Performance Bonds If Corporation, Affix Corporate Seal:
',' a - 'sr & 4 4
t u'id yo,n expeit
1375 Dove Street, Suite 250, Newport Beach, CA 92650 l US 116
iJSHELD
RFP - Hollydale Community Park
June 11, 2024

RFP ATTACHMENT 2 - SUBCONTRACTOR LIST
In the table below, Bidders are required to list all subcontractors that it intends to use to complete the Project. For those NRD subcontractors that Bidder intends to assume and utilize on the Project, Bidder is to include the "Remaining Subcontract Balance" amount listed in RFP Exhibit II in its proposal and include those figures in the "Price" column below, whether or not GAIC currently has an executed Ratification Agreement with that subcontractor or not.

Note the "Remaining Subcontract Balance" amount includes retention earned by the subcontractors during NRD's time on the Project. Other than the "Remaining Subcontract Balance" amount, Bidders will not be responsible for any other amounts owed to NRD's subcontractors prior to the date of this RFP.

SUBCONTRACTOR TRADE PRICE
Verne's Plumbing Plumbing 5105,250
California Fencing Inc. Structural Steel Fencing S110,900 AK Electric Electrical 9106,655
Spectra Turf EPDM S81,259
California Surfacing Basketball Court Sll,100
Forever Lawn Synthetic Turf 6177,369.10
Bidders assume the risk and obligations o/ all subcontractors' timely pedormance and /or management, scheduling and contro/ o/ the subcontractors, whether they are NRD's existing subcontractors or new subcontractors. Further, it is Bidderl responsibility to confirm that all existing NRDsubcontracts that itintends to ossume coverthescopes neceswry to complete the Project. Any missing scope items that exist are the responsibility o/ the Bidders. 117
Jis HELD
RFP - Hollydale Community Park
June 11, 2024

RFP ATTACHMENT 3 - HOURLY RATE AND MARK-UP SCHEDULE Bidder: zz Construction, Inc.

Hourly Rates
The rates below are billing rates and include all costs for labor, payroll taxes, burdens, insurance, small tools, consumables and expendables and are firm for the duration of the Completion Agreement. No other charges of any nature are applicable.

CLASSIFICAT10N REGULAR HOURLY RATE OVERTIME HOURLY RATE Carpenter 82.44 109.25
Laborer 74.85 97.43
Cement Mason 88.69 116.14
Operator 99.65 111.97
Mark-uDS
All overhead and profit mark-ups utilized by Bidder and its subcontractors will be the same as those overhead and profit mark-ups allowable per the Contract Documents.

These rates and mark-ups will a/so be utilized in any change order work that GAgC or the City authorizes to be performed on a Time and Materiag basis. /-7118
CITY OF SOUTH GATE-HOLLYDALE COMMUNITY PARK PROJECT N0. 607-PRK V6 7/3/2024 SURETY RFP EXHIBIT 14 - COMPLETION BID SCHEDULE
COMPLETII)N BIDDER'S UNIT PRICES ATh D AMOUNTS
ITEM NO. ITEM DESCRIPTION

COMPLETION

QUANTITY

UNIT ITEM PRICE TOTAL
001 A - BASE BID

1.000 LS S 30,000.00 S 30,000.00

1.000 LS S 18,816.59 S 18,816.59

1.000 LS S 33,362.15 S 33,362.15

69.360 CY S 205.87 S 14,279.14

1.000 LS S 8,625.41 S 8,625.41

15.000 TON S 850.67 S 12,760.05

82.000 TON !> 450.56 S 36,945.92

40.000 LF S 100.88 S 4,035.20
LF S 125.00 S

20.00(1 SF S 204.74 S 4,094.80
e= S

2.000 EA 9 18,186.03 S 36,372.06

2.000 EA S 1,800.00 S 3,600.00
S,_ ._ _ .., _.._S -
.. i
S- S -
g' S

1.000 LS S 7,210.73 S 7,210.73
EA s
S S

1.000 EA S 9,485.73 S 9,485.73

1.000 EA 9 6,500.00 S 6,500.00
SF S 24.00 S
S S

1.000 LS S 7,800.00 9 7,800.00
S S
S' S

1.000 LS 5 14,889.00 S 14,889.00

1.000 LS S 106,665.00 S 106,665.00
1,339.000 SF 5 13.24 S 17,728.36
4,075.000 SF S 15.21 S 61,980.75
1,930.000 SF S 13.50 S 26,055.00
1,592.000 SF S 7.50 S 11,940.00

4.000 EA S 250.00 S 1,000.00

10.000 EA S 3,255.00 S 32,550.00

4.000 EA 5 4,100.00 S 16,400.00

3.000 EA S 3,100.00 S 9,300.00

1.000 EA S 6,800.00 S 6,800.00

I MOBILIZATION
2 TRAFFIC CONTROL
3 DEMOLITION AND SITE CLEARING
4 EXCAV ATION INCLuDING EXPORT (1,040
CY)
5 DUST CONTROL AND BMP
6 CRuSHED AGGREGATE BASE
7 ASPH ALT CONCRETE PAVEMENT
8 1YPE 'A' CURB AND GUTTER (8" CF)
9 TYPE 'B-6' CURB (6" CF)
10 PILOT GUTTER (3' WIDE)
11 (Removed per 7/14/22 Addendum 5)
12 CURB RAMP
13 WHEEL STOPS
14 8" DIAMETER SCH 40 PVC DRAIN PIPE
15 6" DIAMETER SCH 40 PVC DRAIN PIPE
16 4" DIAMETER SCH 40 PVC DRAIN PIPE
17 15" DIAMETER RCP AND CONNECTTO

EXISTING STORM DRAIN
18 DRAIN INLET PER DETAIL ON PLANS
ig #2424 BROOKS DRAIN BOX
20 REMOVE AND RECONSTRUCT CATCH
BASIN (W=4')
21 CONCRETE COLLAR
22 ECO-STONE PERMEABLE PAVERS OVER
18" OPEN GRADED GRAVEL
23 MC-4500 STORMTECH UNIT
24 4" VCP SEWER SERVICE AND SEWER
CLEANOtJT
25 2" WATER SERVICE
26 REMOVE EXISTING IRRIGATION VALVE

AND BOX
27 TRAFFIC STRIPING AND INSTALATION OF

SIGNS ON POST
28 SITE ELECTRICAL-LUMP SLIM
29 SIDEWALK 33000 CONCRETE FLATWORK
30 COLOR FINISHED CONCRETE FLATWORK -
41NCHES
31 PERMEABLE PAVERS
32 DECOMPOSED GRANITE W/ STABILIZER -
31NCH LAYER - DELETED SEE CCO 01
33 PARK BENCH (Owner Furnish Contractor Install
from adjacent site)
34 PICNICTABLE
35 cute TABLE-4 SEATS
36 ADA crepe TABLE-3 SEATS
37 PRECAST TABLE TENNIS
002
003
004
005
006
007
008
009
010
011
012
013
014
015
016
017
018
019
020
021
022
023
024
025
026
027
028
029
030
031
032
033
034
035
036
037
038
Pa,ye 1 of 4
119

COMPLETION

QUANTITY

UNIT ITEM PRICE TOTAL

12.000 EA S 500.00 S 6,000.00

1.000 EA s S

1.000 EA S 2,500.00 S 2,5C10.00

1.000 LS S 5,000.00 S 5,000.00

1.000 LS S 65,340.00 S 65,340.00

1.000 LS S 197,369.10 S 197,369.10

1.000 LS S 8,830.05 S 8,830.05

1.000 LS S 29,000.00 S 29,000.00
, 1.OCIO LS S 16,000.00 S 16,000.00

1.000 LS S 26,600.00 S 26,6C10.00
' 1.000 LS S 30,000.00 S 30,000.00

1.000 LS S 18,444.00 S 18,444.00

2.000 EA .5 15,000.00 S 30,000.00

1.000 LS S 20,000.00 S 20,000.00
s S-
l- 6 s

66.000 LF S 819.70 S 54,100.20

80.000 LF S 200.00 S 16,OC10.00
LF S 62.00 S
LF S 75.00 S
LF g 88.00 S
LF !' 104.00 s

1.000 LS 9 15,095.83 5 15,095.83

1.000 LS 5 103,200.00 S 103,200.00

1.000 LS S 35,000.00 S 35,000.00

1.000 LS 5 30,000.00 S 30,000.00

1.000 LS S 25,215.00 S 25,215.00

1.000 LS S 9,323.74 S 9,323.74

1.000 LS S 40,501.92 S 40,501.92
EA S 1,150.00 S

2.000 EA S 4,383.88 S 8,767.76
EA S 259.99 S
EA S 6.99 S
EA S 88.99 s
ITEM NO. ITEM DESCRIPTION
38 TRASH RECEPT ACLE
ag DRINKING FOUNTAIN
40 BICYCLE RACK
41 MOVIE SCREEN SUPPORT POST AND

COLUMNS-INCLUDES FABRICATED STEEL

COMPONENTS
42 PLAY EQUIPMENT
43 SYNTHETICTURFOVERSBRRuBBER AND

AGGREGATE BASE-PLAYGROUND AREA
44 SAND & WATER PLAY AREA - INCLuDES

CONCRETE FLATWORK, PLAYGROUND

SAND, PLAY PUMP, BOULDERS, AND

THICKEN CONCRETE EDGE
45 EIASKETBALL COURT (lNCLuDES

CONCRETE SLAB, COURT PLAY

SURFACING, POSTS, BACKBOARDS, RIMS

AND NETS)
46 COLUMN 'A' - INCLuDES FABFIICATED

STEEL COMPONENTS
47 COLUMN 'B'-INCLUDES FABRICATED

STEEL COMPONENTS
48 DOUBLE SWING ENTRY GATES -
'INCLUDES DECORATIVE ALUMINUM CUT
PANELS
49 RAISED PLANTER AT ENTRY
I 50

PARK SIGN AT ENTRY - INCLUDES
'ALUMINUM SET DECORATIVE PANELS
51 COLUMNS AND RAISED PLANTER
PRECAST ITEMS (Pi, P2, P3, P4, P5, P6, P7
& P8)
52 STACKED ROCK RETAINING WALL
53 BLOCK WALL (8' HIGH)
54 TUBE STEEL FENCE (5' HIGH)
55 SPLIT / (2) RAIL FENCE - CONCRETE
56 CONCRETE HEADER - 81NCH
57 CONCRETE BAND -12 INCH
58 CONCFIETE BAND - 16 INCH
59 CONCRETE BAND - 241NCH
60 SEATWALL-BRICK W/STONE CAP
61 COMMUNITY BUILDING (1675 SF)
62 SHADE STRUCTURE 'A' (20' X 40')
63 SHADE STRUCTLIRE 'B' (20' x 20')
64 IRRIG ATION SYSTEM
65 SOIL PREP & FINE GRADING
66 WEED ABATEMENT
67 TREE-48" BOX
68 TREE-36" BOX
69 TREE - 24" BOX
70 SHFIUB - 15 GAL
71 SHRUB-5GAL.
039
040
041
042
043
044
045
046
047
048
049
050
051
052
053
054
055
056
057
058
059
060
061
062
063
064
065
066
067
068
069
070
071
072
Pa,le 2 of 4
120

COMPLETION

QUANTITY

UNIT ITEM PRICE TOTAL
EA 5 9.99 s

1.000 LS S

75.000 CY S 189.57 S 14,217.75
S S
S- S
S S

1.000 LS S 30,000.00 S 30,000.00
s s
S s
S 1,375,701.24
ITEM NO. ITEM DESCRIPTION
72 SHRUB-IGAL.
73 SYNTHETIC TURF OVER AGGREGATE BASE
74 WOOD MULCH - 2" LAYER
75 BOULDER-2'
76 BOULDER-3'
77 BOULDER-5'
78 NINET'/ (90) DAYS MAINTENANCE PERIOD
79 PROVIDE AND INST ALL BOND ACT SIGN
AND LOGO PER PROP. 68 GulDELlNES

ROLINDING
073
074
075
076
077
078
079
080
081
082
083
084 B - APPROVED CHANGE ORDERS
CCO 01
EPDM RUBBER SURFACING ON A 4"

CONCRETE BASE
CCO 02
COR 006Rl - Construction of North Property
Line Wall
It II COR 007R - RFI 090: Light Standards size
adjustment
II It
COR 008 - RFI 099: Brown colored concrete
II II
COR 009 - RFI 100: Palm Tree Removal
II II
COR 011 - RFI 067: Cladded Columns
II II COR 015 - RFI 092: PVC conduit in lieu of EMT
pipe
II II
COR 017Rl - RFI 112: Building Changes
II II
COR 018 - Delete Fire Sprinkler Scope
COR 020 - Chain Link Fence Reinstallation at
North Property Line
II II
COR 022 - RFI 130: Structural Framing
II II COR 024 - RFI 133: Brick Veneer on CMLI
Privacy Screen
CCO 03 NOT INCLUDED

1.000 LS S 91,259.00 S 91,259.00
S S
i:
e- s
S S
S- S

1.000 LS S 12,231.17 S 12,231.17
S S

1.000 LS S 9,400.00 S 9,400.00
S S

1.000 LS S 9,161.51 S 9,161.51
S S

1.000 LS S 26,864.58 S 26,864.58
9 S
!S 148,916.26
085
086
087
088
ogi
094
095
096
097
098
099
100 C-COMPLlmON ITEMS NOT INCLUDED ABOVE
Cl 01

DEFECTS INCLUDING PATENT DEFECTS &
ITEMS FROM RFP EX. 09
Cl 02

REPAIR AND REPLACEMENT OF THEFT AND

VANDALISM

1.000 LS S 322,754.89 5 322,754.89

1.000 LS S 35,000.00 S 35,000.00
S 357,754.89
101
102
103
104
105 SUMMARY - BIDDER'S LUMP SUM PROPOSAL
106 A TOTALBASEBID
107 B TOTALAPPROVEDCHANGEORDERS
108 C TOTALCOMPLETIONITEMSNOTINA&B
109 BIDDER'S LUMP SUM PROPOSAL
110
ill D-ALTERNATE ITEMS
Page3of4
121

COMPLETION

QUANTITY

UNIT ITEM PRICE TOTAL

1.000 LS 5 89,000.00 S 89,000.00

1.000 LS S 30,000.00 S 30,000.00
ITEM NO. ITEM DESCRIPTION
ALT 01

WARRANTY OF & LATENT DEFECTS FOR PRIOR
WORK
ALT 02 PROJECT DtJRATION OF 60 WORKING OAYS
112
113

122

BID BOND

KNOW ALL MEN BY THESE PRESENTS
That we 22 Consjrudion InC- , as Principal, and The Gray Casually & 8urety qamppny as Surety, are held and firmly bound unto the City of South Gate in the sum to be paid to the City of South Gate, its successors and assigns, for which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH:

That if the certain proposal of the above bonded
22 Construdion Inc. far khe CONSTRIJCTION OF
HOLLYDALE COMMUNITY PARK, CITY PROJECT N0. 607-PRK. in strict accordance with the Specifications on file at the office of the City of South Gate is accepted by the City of South Gate through action of its legally constituted contracting authorities and if the above bonded ZZConstnictlonlna , his heirs, executors, administrators, successors and assigns shall duly enter into and execute a contract for such removal and shall execute and deliver the required Performance Bond, Payment Bond and proof of insurance within ten (10) working days after the date of notification by and from said City of South Gate that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we hereunto set our hands and seals this 22nd day of July , 20 24
1i**la*i,,i,
& Surety Company
,)
"" ' Title; -Mariaaperia, Attorney-in-Fad
::a,, ;N6EE: 'Thi"as!andard printed bid bond form of any bonding company acceptable to the :,i- 'Cit'?iof goj(l'i 'Gate may be used in lieu of the foregoing approved sample bond form, -., proVide4,,thi security stipulations protecting the City of South Gate are not in any way ;=1.ul9P!'bY use of the Surety Company's printed standard form. 31 123
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § '1 189 truthfulness, accuracy or validity of that document.

State of California
County of Los Angeles
.=IUL 2 2 2024On , before me, Patricia Arana, Notary Public, personally appeared MariaPena ,whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson%whose named is subscribed to the within instrument and acknowledged to me that he4she signature% on the instrument the perso$), or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
11111 wix m b "laa
Signature:
23 (Seal)
124
Alliant Insurance Services, ]nc. (LO!I Angeleg)
07/22/2024 16:49 269461205063

THE (,RAY INSURAN(J COMPANY
rffi GRAY CASUALTY at 8URETY COMPANY

GENERAL POWER OF ATTORNEY
Bond Number: N/A Principal: 22 Constniction Inc.

Project: Ho]lydale Commintiy Park
KNOW ALL BY 1"t4F.SE PRtiSENTS, aJ'HAT The Oray Insurance Company and The Gray Casua)ly & Surety Company, corporations duly organmed and existing under the laws of Louisiana, and having Lheir principal orfices in Metairie, Louisiana, do hereby make, constitutc, and appoint: C.K. Nakamura, Maria l'ena, Natalie K. Trefimoff, snd Tim M. Tomka of Los Angcles, Californis jointly and severally on bchalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its bchalf and as its deed, bonds, or other writtngs obligatory in thc natiire of a bond, as surety, conlracts of suretyship as are or nmy be required or pemiitted by law, regulation, contract or otherwise, provided that no bond or undcrtaking or contrul of suretyship executed under this auihority shall excccd the amount of
$25,000,000.00.

This Power of Attorney is granted aiid is signed by facsimile under and by the authori(y or the following Resolulions iidoptcd by the Boards of Directors of hoth l'he Gray Insurancc Company and The Gray Casual(y & Surety Coinpany at meetings duly called and held on thc 26" day of June, 2003.

State of Louisiana
SS:

Parish of Jefferson
On this 4" day or November, 2022, before me, n Notary Public, personally appcared Michae] T. Gray, Pnisidtint or The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surcty Company, personally known 10 me, being duly swom, acknowledged that they Signed the above POWer Of Attcimey and dXCd the seals ofthe companies FIS OffioerS Or', and aCbOWledged Said instrumcnt TO be the voluntiu'y act and deed, of their comliaiiies.
\&r',i.i. !, 'pi,, 'd c-Leir,It A;'iae !-lenicati
Nolary 10 No. 92653
Orleans Parish, Louisiana
Leigh Anne Henican
Notary Public, Parisli of Orleans Slate of T..ouisiaiia My Commission is for Life
l, Mark S, Manguno, Secretary ol'The Gray Insurance Company, do hereby certify that tbc abovc and forgoing is a tmc and correct copy of a Powcr of Attomcy given by the companies, which is still in full force and effect IN W1'INBSS WHEREOF, T havc sct my hand and affixtid the sealii ol'the Conipany t}iis 22nd day of Juiy , 2024 4,,r..
24 125
ItemI'N';eg C
APR 04 2024
Ciffl of South Gate

CITY COUNCIL

AGENDA BNLL
DepartmentDirector:

For the Regular Meeting of. April 9, 2024
Oii a a D ent: PublicWorlcs
City Matxager:

RobHouston
STJBJECT: RESOLUTION TERMINATING CONTRACT N0. 2022-84-CC WITH NR DF,VELOPMENT, INC. FOR DEF AULT PERTHE ST ANDARD SPECIFICATIONS FOR

PUBLIC WORKS CONSTRUCTION FOR THE HOLLYDALE COMMUNITY PARK, CITY PROJECT N0. 607-PRK
PURPOSE: To tettninate Contract No. 2022-84-CC ("Agreement") between the City of South Gate and NR Development, Inc. ("NR Development") for default per Section 6-7 ("Terinination of the Contract for Default") of the 2021 Standard Specifications for Public Works Constiuction ("Greenbook") for the constniction of the Hollydale Community Park Project, City Project No, 607-PRK ("Project"), effective April 9, 2024,
RECOMMENDED ACTIONS: The City Council will consider:
a, Adopting a Resolution to terininate Contract No. 2022-84-CC between the City of Sorith Gate and NR Development, Inc,, for default effective April 9, 2024, for the Hollydale Coimnunity Park Project, City Project No, 607-PRI(; b, Directing the Mayor to execute a document in a form acceptable to the City Attorney advising NR Development, Inc., and the bonding company that the Agreement has been terminated for default; and
c, Authorizing the City Manager, or lffs designee, to execute any related documentation in pursuit of the City's remedies against NR Development, iicludii'ig its bonding company in an effoit to complete tlie Project including, but not limited to, the retention of a successor contractor,
FISCAL IMPACT: There is no impact to the General Fund, Termination of the Agreement will not reqriire the City to compensate NR Development, Inc. since they have been compensated for work completed to date. Since the City has declared the contractor to be in default under its Agreement for the Project, the City has the right to charge NR Development liquidated datnages staiting October 27, 2023, at an amount of $1,000 per working day as stip'i'ilated in the Agreement dociinents which amount to $118,000 as of April 9, 2024. Tlie Project has received a total of $6,043,452 in grant fi'inds, of which approximately $1,707,904 (a'bout 34%) rennaiii available, be utilized to fund Project costs associated with tenninating the Agreement and completing the construction of the Project under a new agreement, 1 AQI alllQ nlll/:nlllJ illlf;lJn2AT iala)vl
zl i126
ANALYSIS: OnSeptember27,2021,tlieCityCouncilapprovedContractNo.2022-84-CCwith NR Development in the atnount of $4,899,816 for the consttuction of the Project. The initial approved construction schedule required constnuction to begin on November 2, 2022 and to be completed by September 5, 2023. Unfortunately, NR Development was unable to complete construction and has abandoned the job site.

Section 6-7 of the Greenbook perinits the City to terminate the Agreement when the contractor fails to cure a default related to the contractor's obligations. Section 6-7 specifies general categories of default, provides for specified notices to be delivered by the City and sets forth obligations of the surety. As reflected below, City staff complied with the requisite notices setting forth the nature of default by NR Development, and its subsequent failure to cure.

Accordingly, City staff recommends the City Coxincil declare NR Development to be in default under its Agreement for the Project and to exercise appropriate remedies, which includes making a claim under the performance bond provided to tlie City by NR Development ii'i connection with the Project. City staff took reasonable steps in compliance with Section 6-7 in advance of making this recommendation.
* On October 11, 2023, the City stated its concern regarding the prosecution of work on the Project, because the completion deadline of October 26, 2023, was only two weeks away.

The City reqriested a recovery schedule from NR Development. NR Development never provided the City with the recoveiy schedule,
* On October 19, 2023, the City ei'nailed the Notice to Cure letter to NR Development to prosecute the work in a timely manner. NR Development initially complied with the reqriest prosecuted work at an acceptable level for an estimated two to three weeks, Thereafter, tl'ieir performance declined dramatically. * On December 12, 2023, the City submitted a Notice of Liquidated Damages notifying NR Development that it had accnted 30 days in Liquidated Damages. * OnJanuary5,2024,NRDevelopmentsubmittedalettertotheCitycommittingtofinishing the remaining work on the Project,
* On January i5, 2024, and for the next six consecutive working days, the City witnessed no activity on the Project site. However, on Jaiiuary 23, 2024, the City visited the job site and foxind that NR Development sent one laborer to install sections of the irrigation line for a few hours. There was no further activity on site thereafter. * InspiteofNRDevelopment'scommihnenttocompletetheProject,theCityhadwitnessed a very low level of production and for the Iast 16 consecutive working days. There was no activity on the job site from January 24 to Febn'iary 14, 2024. * On February 14, 2024, the City notified NR Development that it had incurred 80 working days of Liquidated Damages owing to the City, and it must complete all remaining improvements per Agreement documents and as directed by the City Engineerno laterthan March 29, 2024,
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* NR Development failed to meet the Marcli 29" deadline. As of March 29, 2024, the City had not seen any cons$vctton activity 011 the Project site since January 24, 2024. It is apparent to the City thatNR Development did not make any effort to meet this deadline.

Despite repeated requests from the City to NR Development to continue progressing on the work for the Project in a diligent and acceptablemamer, NR Development has failed to do so. It has not made a good faith effort to provide sufficient resources to finalize the remaining scope of work in a timely uianner. This noncompliance lias resulted in substantial financial dannages to the City due to the delay, The City is suspending construction activities at the Project site afl:er NR Development has failed to fulfil its contractual obligations, comply with Plans and Specifications, and has not perforined any constnxction on the Project wit the last 11 weeks, The accrual of additional financial damages can be ininimized by terminatiixg Contract No. 2022- 84-CC as soon as possible and resuming the Project under a new construction agreement in coordinationwiththebondingcompany, Assuch,CitystaffrecommendstheCityCouncildeclare the contractor to be in default under its Agreement for the Project.

BACKGROUND: Tlie Project is budgeted in the Capital Improvement Program. The improvements proposed include a i,700 square-foot building, storn'i water chambers, playground, synthetic turf, sand and water play area, basketball court sliade structures, anew irrigation system, decomposed granite, park bench andpicnic tables, permeable pavers, concrete flat work, and other miscellaneous park amenities. The coiistniction on the Project is cturently at about 80% completion.

NR Development WaS awarded a consttuction Agreement to complete the Project and has abandonedthejobsite. ItisestimatedthatNRDevelopmentcompleted80%orlessoftherequired Agreement work before abandoning tl'ie Project.

It is tmcertain how long it will take to complete constniction of the Project. The City will be discussing with the bonding company to outline the process and schedule for construction completion.

The Project has received the Listed grants construction, oGfflants "', ' " ' . - " I '. '.' -" Amount -
Prop A $285,000
Rendon Fund $1,600,000
State Parlcs- Prop. 68 Grant $4,158,452
Total $6,043,452
ATTACHMENTS: A. Proposed Resolution
B. Contract No. 2022-84-CC
C. Change Order Nos. l and 2
D. Greenbook, Section 6-7
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Attachment A
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, TERMINATING CONTRACT N0. 2022-84-CC WITH NR DEVELOPMENT, INC. FOR DEF AULT PER SECTION 6-7 (ERMINATION OF THE CONTRACT FOR DEFAULT) OF THE 2021 STANDARD

SPECIFICATIONS FOR PUBLIC WORI(S CONSTRUCTION (GREENBOOK)

FOR THE CONSTRUCTION OF THE, HOLLYDALE COMMUNITY PARK PROJECT, CITY PROJECT NO. 607-PRI(
WHEREAS, the Hollydale Community Park Project, CityProject No. 607-PRK ("Project") is a pait of the Capitat Improvement Program and has received over $6 million in grant funds; WI{EREAS, on September 27, 2021, the City Council approved ContractNo. 2022-84-CC ("Agreement") witli NR Development, Inc. ("NR Development") in the amount of $4,899,816 for the construction of the Project. The initial approved construction scliedule required constniction to begin on November 2, 2022 and to be completed by Septetnber 5, 2023; WHERF,AS, construction began on November 2, 2022, and has nowreached approximately 80 percent completion. Two Agreement chmtge orders have been approved for a total of $135,791.86. TherevisedAgreementatnountis$5,035,607.86; WHF,REAS, NR Developmenthas failedto fulfill its contractual obligations to comply with plaiis aiid specifications, lias not performed any construction on the Project withinthe last 11 weeks and failed to comply with City's directive to complete the Project by March 29, 2024; WHF.iREAS, the City has suspended its constniction nnanagement and inspection services on the Project due to inactivity from NR Development; WHEff,AS, as of March 29, 2024, NR Developinent has entered its tl8th day without any activities and currently has incurred $118,000 in liquidated damages owed to the City. The City has detetmined that it is in its best interest to terminate Contract No. 2022-84-CC as soon as possible, to mitigate the financial impact of that order on the Project by stopping the daily incurrence ofthose delay costs;
WHEREAS, Section6-7 of the Greenbookpermits the City to teimiiiate theAgreement wlien the contractor fails to cure a defauit related to the contractor's obligations. Section 6-7 specifies general categories of default, provides for specified notices to be delivered by the City and sets forth obligations of the surety;
WHEREAS, City staff complied with the requisite notices setting fozth the nature of defarilt by NR Development, and its subsequent failure to cure; md