EXISTING PLUS PROJECT CONDITIONS
Analysis Methodology
Operations for unsignalized intersections are evaluated using the methodology of the Highway Capacity Manual, 7'h Edition (HCM) (Transportation Research Board, 2022). The HCM methodology uses Level of Service (LOS) to express the delay time forintersection approaches and to describe the corresponding quality of flow on roadways and intersections. LOS is commonly used to describe the quality of flow on roadways and at intersections using a range of LOS from LOS A, free flow with little congestion, to LOS F, severely congested conditions.
Project Trip Generation
To determine the traffic conditions at the study intersections, a projection of new vehicle trips generated by the proposed project was calculated. The calculations were made using trip generation rates from the Institute of Transportation Engineers Trip Generation Manual (11th Edition, 2021). Table I summarizes the daily and AM and PM peak hour trip generation of the proposed project. The project is anticipated to generate 364 daily trips which includes 22 AM peak hour trips and 28 PM peak hour trips.
Table 1
Project Trip Generation
["P:'ei-;"%Wla';:; ffi,
,gt$L 'G)t'J UrYit2
--'-%-. a'a";i ;,y"'7a7,5.. . @Q?.:-'- :a.}+!dV+.gf#-.=-.. a:
--o-:T: %-r, "-"]
Rate' 3
;, ..4
lolqm,,e"
:3 '
'%J8atJ§-
%'a -
"16;(;%@ -F)'-"
's!'='A!J
' = oX7!f;b%+a+i*iibi- *aai)le .
'A x.+ a . s",i
Nnt'e I
'
'. ' .1'll_ a_atu- 1.
I:n!Gl-u!
-;ys'ta__:
6" ,Qgolu4Q-: ; :J,4'
Ir'i:: i
.G!'6t:________71"otal. l a:m 3%3
Multifamily Housing
(Low-Rise)
220 54 DU 6.74 364 0.4 24:76 5 17 22 0.51 63:37 18 10 28 1: Trip generation rates are from tide ITE Trip Generatioi'i Manual (11th Edition, 2021). 2: DU = Dwelling Units.
Project Trip Distribution
The LOS analysis of the existing and proposed study intersections includes analysis of probable travel patterns to and from the proposed project. Projecting distribution of project generated trips involves the identification of traffic routes utilized by the new traffic. For the proposed project, it is anticipated that 100 percent of the project-generated trips will travel west of the project through the Legacy Lane 90-degree curve. No outlet exists for drivers traveling eastbound on Legacy Lane as the roadway ends at Burtis Street which in turn ends at a cul-de-sac. It is presumed that vehicles observed traveling east on Legacy Lane past Intersection 2 during the 12-hour observation period were traveling to and from the business to the immediate east of the project site.
TJW Engineering, Inc.
CVR25005 Legacy Lane Traffic & Circulation Study 05162025 3oo319
Mr. Nick Patterson
Legacy Lane Traffic & Circulation Study
May 16, 2025
Existing Plus Project Traffic Volumes
The Existing Plus Project conditions scenario analyzes the impact of trips generated by the proposed project on the Existing traffic conditions. To obtain Existing Plus Project volumes, the trip generation volumes of the proposed project are added to the Existing volumes.
Existing Plus Project Volumes = Existing (2025) Counts + Proposed Project Existing Plus Project Intersection Level of Service Analysis The HCM analysis of the study intersection with Existing Plus Project volumes during the AM and PM peak hours is shown in Table 2. The table includes the delay and LOS of the Existing volumes for reference. The HCM analysis report from Vistro is provided in Appendix C.
Table 2
Intersection Analysis - Existing Plus Project Conditions ' . ; 14irsecti: .. ' -
{Coffitr:bl
'44ypB'l"_
Aqik .
,@$
;.ipro:3@:'at 'I
G4ioti;' ,,,j
" .['JQ14*','?=." !" ilit)E:"l
4aJ
1 Project Driveway #1 Legacy Lane TWSC
AM 8.7 A
PM 8.9 A
2 Legacy High Softball Field Driveway #1 Legacy Lane TWSC AM 0.4 A
PM 8.5 A
3 Project Driveway #2 Legacy Lane TWSC
AM 8.7 A
PM 8.6 A
4 Legacy High Softball Field Driveway #2 -
Project Driveway #3
Legacy Lane TWSC
AM 8.7 A
PM 8.6 A
1 : TWSC = Two-Way Stop-Control.
2 : Delay is shown in seconds per vehicle. Per the Highway Capacity Manual 7'h Edition, for intersections with two-way stop-control, the delay and LOS for the worst individual movement is shown.
As shownin Table 2, the studyintersections are projected to operate at LOSA, free flow with little congestion, during both AM and PM peak hours under Existing Plus Project conditions. This indicates that the proposed project is not anticipated to create any significant traffic issues or impact the Existing conditions.
Existing Plus Project Pedestrian and Cydist Review
The proposed project is not anticipated to affect pedestrian or bicycle safety along Legacy Lane or the project frontage. Existing sidewalks will remain in place, preserving a dedicated path for pedestrians, while the project driveways will be designed to maintain adequate sight distance to ensure visibility of approaching pedestrians and cyclists. The low-speed conditions on Legacy Lane, including posted 25 mph school zone limits and 15 mph advisory speeds within the curvesimmediately west of the project, will continue to support a reasonable and safe environment for all roadway users.
TJWEngineering, Inc.
CVR25005LegacyLane Traffic & Circujation Study 05162025 .301320
Mr. Nick Patterson
Legacy Lane Traffic & Circulation Study
May 16, 2025
STOPPING SIGHT DISTANCE ANALYSIS
Stopping sight distance (SSD) was evaluated for the proposed residential driveways along Legacy Lane in accordance with the Caltrans Highway Design Manual (HDM). Per HDM Table 201.1, the required SSD for a design speed of 25 miles per hour is 150 feet. This distance represents the minimum length of roadway that must be visible to a driver to allow for safe and complete stopping in response to an object in the roadway.
The design of Legacy Lane ensures that the minimum SSD is maintained in both directions of travel from each driveway location. The attached sight distance exhibit illustrates the available SSD along the roadway. Exhibit 1 shows the stopping sight distances for project driveways.
TJWEngineering, Inc.
CVR25005 Legacy Lane Traffic & Circulation Study 05162025 302321
I HIGHWAYDESIGNMANUAL TABLE20T.T
I scsrorsrmctsrmomos LEGACYLANE
i =':r = o-.,;'a - .,,.I..,,_, I (=--) ,- - -=--- -- - - - ------- si: = -====q.,_,,'-=- =.=-,==.=-' -=- =
: :: = . _ . .,.,==,... =='i- i-7'?=acv ..., .,
; :=o=; ____ _ _ _ i"x- __ _ ___ _ _ _ . _ _i=i _ . _. _.... 2. - - - % + --+ _ssaaa- # ### ' Th Wfl; - --- . i ! 3 NRa I (It 11!111111elE l
iS' IIIOU 1]N8 TIINI. M ilts nll'Nnni tontamn WinlN!l(u+01!llWtt s 11!
W AIIT OH)!ClS (l L fflD!o. iitl. ff!l mu nNWYN!)lluuM WITHIN +st Stst imn! isouu hoi B! Oa 30 IN(Hl} IN +ffln+ff !H!NU. Thla mu ONOlXffl WHltH a: IH(
!0 € to O0ow W io' S+Wl N(ff K tuutY Ill IN( 5tni
nmlllllt !allcu ' atN!S WNllIil INOIWH ItllO in!
I!iHt nSlgl lt! littu_ nt l+ffilD TO 5001 n AN(M
TNt m(jNINO (1100
"' "1 1 - - LEGACY'LANE:-- . - - -- - -
l___ I ' ____:-x (25 MPH) ______
_I::'.."" J-.___y__.l.. __ :, : ,_, x:uiiiiil). hitan7, _ __ -"'-"-'-"-'-"- /-'a#-_ , . i " %-siin'-=-Fnt=t lN'fl(MC9!Hl _ .: --
ti QIQ Ilil NTH'F taI - _
----"-I-"'-"- -
sx2m!mlqpr/'-----"""""'a_ l__. Esciinu+c:r_.._ ____________ 'C_A!! lC%_ "_q,l_i ::i "' - "-- ,, = "'m' I S NNla ! (It Hate lml!D IT IIIOU CIN! I+IJ_
)' INOM (FINDMI (!)ff!11 €
i - ------ - - =--- = .. - --LEGA-CY-LANE - -- --- -7-
' . l_ (25 MPH) - ,, - '
.__-,__..___h-,-= :-== "W@i-f - ["""
uituiiuriU+3tttnx -, S " / - -
----==-=-.-".-E==.=.-"....':=='-"E5=,-4" _ t ' l - - " " - - - - : l ' : ' s+;i i -- -' -l- -""-
" II 0i 0l 0 _ -
la r
}5 NCFll'tl5;mH.! €H,Blln,lDi j
)' 111011DIIMW{i t(NTIIN!
('Exhibit 1: Stopping Sight Distance Exhibit (,
L!!!l
322
Mr. Nick Patterson
Legacy Lane Traffic & Circulation Study
May 16, 2025
Please contact us at (949) 878-3509 if you have any questions regarding this analysis.
Sincerely,
Thomas Wheat, PE, TE
President
Registered Civil Engineer #69467
Registered Traffic Engineer #2565
',*' Exp.6/30/26
David Chew, PTP
Transportation Planner
Assistant Transportation Planner
TJWEngineering, Inc.
CVR25005LegacyLane Traffic & Circulation Study 05162025 3o'j)323
APPENDIX A
PROPOSED PROJECT SITE PLAN
TjW Engineering, Inc.
CVR25005 Legacy Lane Traffic & Circulation Study 05162025 3,oS" 324
0 i i i
Pa' - a .. ,
Je! 4,.
t,;y : 4
i 5'q ': I "aq'
'jf; .;j
,J
!gEl f.jaamr
H
muu§i$
325
APPENDIX B
EXISTING TRAFFIC VOLUMES
TJWEngineering, Inc.
CVR25005 Legacy Lane Traffic & Circulation Study 05162025 30'7
326
City of South Gate
N/S: Legacy HS Driveway 1 - West Dwy
E/W: Legacy Lane
Weather: Clear
I
Start Time
Legacy HS Softball Field
Driveway 1
Southbound
Legacy Lane
Westbound
Legacy Lane
Eastbound
Lefk i Riqht i App. Total Thru I Riqht I Appi Total Leftl Thru I App. Total 00 0
00 0
00 0
ama
30 3
10 1
00 0
mmm
01 1
00 0
00 0
aaa
Total
09:00 AM
09:15AM
09:30 AM
09:45 AM
Total
10:00 AM
10:15 AM
10:30AM
10:45 AM
Total
1l :OO AM
1i:15AM
11 :30 AM
11 :45 AM
Total
12:00 PM
12:15 PM
12:30 PM
12:45 PM
Total
01:00 PMI
01:15 PMI
01 :30 PM I
01 :45 PM I
Total i
02:00 PM
02:15 PM
02:30 PM
02:45 PM
Total
03:00 PM
03:15 PM
o
u
o
m
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
(951)268-6268
File Name :01 SGE W DWY LEGACY
Site Code :23625450
Start Date : 4/30/2025
Page No : 1
a'.'irnllnQ Prin+pirl- Tn+ql l/nliimpi
o
ffl
5 o 5 o 3 3
3 3
4 2
12 308327
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
(95-1) 268-6268
City of South Gate
N/S: Legacy HS Driveway 1 - West Dwy
E/W: Legacy Lane
Weather: Clear
File Name : 01 SGE W DWY LEGACY
Site Code :23625450
Start Date : 4/30/2025
Page No :2
3rouns Prin+sd- Tntm Vrilumpi
I
Legacy HS Softball Field
Driveway 1
Southbound
Legacy Lane
Westbound
Legacy Lane
Eastbound
Start Time Lefti Riqhti App. Total Thru i Riqhti App. Total Leftl Thru I Aoo. Total 03:30 PM
03:45 PM
04 4
0 3 31
10 1
40 4
6 1 7
45 9
Total 0 7 7 6 2 8 10 8 j8
Int. Total
12 16
33 04:00 PM
04:15 PM
04:30 PM
04:45 PM
Total
05:00 PM
05:15PM
05:30 PM
W!!J
Total
Ql
Grand Total
Apprch %
Total %
I
1 44
2 .2 97.8
0.4 15.9
:31W
45 85 3
96.6 3.4
16.2 30.7 1.1
23 81
14 7
a I D
88 49 95
34 66
31.8 17.7 34.3
144 277
52 328
City of South Gate
N/S: Legacy HS Driveway 1 - West Dwy
ENV: Legacy Lane
Weather: Clear
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
(951)268-6268
File Name :01 SGE W DWY LEGACY
Site Code :23625450
Start Date : 4/30/2025
Page No : 3
Legacy HS Softball Field Driveway1
Out In Total
1%441[? Ri ht Lefl
:UW :h [;,..
i=!:'-. ============== .-:m=-:
O,[9 ffli Total Volume
31o329
Counts Unlimited, Inc.
Pa Box 1178
Corona, CA 92878
(951 ) 268-6268
City of South Gate
N/S: Legacy HS Driveway 1- West Dwy
E/W: Legacy Lane
Weather: Clear
File Name :01 SGE W DWY LEGACY
Site Code :23625450
Start Date : 4/30/2025
Page No :4
Legacy HS Softball Field
Driveway 1
Southbound i
Legacy Lane
Westbound
Legacy Lane
Eastbound
Start Time Left i Riqht i App. Total I Thru i Riqht i App. Total Lefti Thru i ADD. Total Peak Hour Analysis From 07:00 AM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 05:45 PM
05 :45PM 0 4 4
06 :00PM 1 12 13
06:15PM 0 9 9
nFi:30 PM n Q g
1 3
2 n
o
o
1 n
1 3
3 n
7 9
5 :1
o
2 o
1 Int. Total
Total Volume
% App. Total
1 34 35
2.9 97.1
61 7
85.7 14.3
24 3 27
88.9 11.1
ag
PHF .250 .708 .673 .500 .250 .583 .667 .375 .614 .639
Legacy HS Softball Field Driveway 1
Out In Total
143411
:3htLa
Peak Hour Data
:5 DAE
i
i='k:It ........=:'-==,.-:A=A
=k [,i
3tt 330
Counts Unlimited, Inc.
PO Box 3178
Corona, CA 92878
(951 ) 268-6268
City of South Gate
N/S: Legacy HS Driveway 1 - West Dwy
E/W: Legacy Lane
Weather: Clear
Legacy HS Softball Field
Driveway 4
Southbound
Legacy Lane
Westbound
Legacy Lane
Eastbound
Staf Time Left i Riqht i App. Total Thru i Riqht I App. Total Left I Thru I App. Total Peak Hour Analysis From 07:00 AM to 06:45 PM - Peak 4 of 1 Psak Hriur frir Eqch Arnroach Bpnins at:
File Name : 01 SGE W DWY LEGACY
Site Code :23625450
Start Date : 4/30/2025
Page No :5
Int. Total
+O mins.
+15 mins.
+30 mins.
+45 mins.
I 05:45 PM
i04 4
i 1 12 13
i(ig g
o g g
12:45 PM
30 3
30 3
30 3
40 4
I 05115 PM
32 5
23 5
70 7
9 2 11
Total Volume
% App. Total
1 34 35
2.9 97.1
13 0 13
100 0
21 7 28
75 25
PHF .250 .708 .673 .813 .000 .813 .583 .583 .636
Legacy HS Softball Field Dnveway 1
In - Peak Hour: 05.45 PM
t35 Ri ht Left
Peak Hour Data
ffl i =
U:n.-l"l!J No'h '-=N€-.nin
z! H H I Total Volume I -E ffl .12a.
U=r'Ll=o- i-='l!"in 'Jl
C "O
- I
331
City of South Gate
N/S: Legacy HS Driveway 2 - East Dwy
E/W: Legacy Lane
Weather: Clear
Legacy HS Softball Field
Driveway 2
Southbound
Legacy Lane
Westbound
Legacy Lane
Eastbound
Start Time Lefk i R:qht i qpp. Total Thru i Riqht I App. Total Left i Thru I Aoo. Total 00 0
00 0
00 0
mix
30 3
10 1
00 0
may
01 1
00 0
00 0
28 €
Total
a
08:4::'1,
09:00 AM
09:15AM
09:30 AM
09:45 AM
Total
10:OOAM
10:15AM
10:30AM
10:45AM
Total
ll :OO AM
11:15AM
ll :30 AM
11 :45 AM
Total
12:00 PM
12:15 PM
12:30 PM
12:45 PM
Total
01 :OO PM
01:15 PM
01 :30 PM
01 :45 PM
Total
02:00 PM
02:15PM
02:30 PM
02:45 PM
Total
03:00 PM
03:15 PM
o o
W
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
(951)268-6268
File Name : 02 SGE E DWY LEGACY
Site Code :23625450
Start Date : 4/30/2025
Page No : 1
q'ir('lllnS Prin+pid- Tn+m Vnlnmp
o 5 o
a
5 o 3 3
332
City of South Gate
N/S: Legacy HS Driveway 2 - East Dwy
E/W: Legacy Lane
Weather: Clear
I
Legacy HS Softball Field
Driveway 2
Southbound
Legacy Lane
Westbound
Legacy Lane
Eastbound
I Start Time Lefti Riqhti App. Total Thru i R:qht i qpp. Total Lefk i Thru i App. Total DO 0
00 0
10 1
40 4
01 1
05 5
Total
Total
05:00 PM
05:15 PM
05:30 PM
05:45 PM
Total
06:00 PM
06:15PM
06:30 PM
06:45 PM
Total
Grand Total
Apprch '/o
Total %
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
(951 ) 268-6268
Zrnuns Printsd- Tn+m Volums
File Name : 02 SGE E DWY LEGACY
Site Code :23625450
Start Date : 4/30/2025
Page No :2
I
Int. Total
2 g
16 o
o
88 100
47.8 47.aa8 I
96 100
52.2 52.o:1
184
31q333
City of South Gate
N/S: Legacy HS Driveway 2 - East Dwy
E/W: Legacy Lane
Weather: Clear
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
(951)268-6268
File Name : 02 SGE E DWY LEGACY
Site Code :23625450
Start Date : 4/30/2025
Page No : 3
Legacy HS Softball Field Driveway 2
Out In Total
[' o
Ri ht Left
:U& j 00
I hffl!3
NOrth E'
i=2:'-. ============== 2#=-=:
O,[ffil ffli Total Volume
316334
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
(951 ) 268-6268
City of South Gate
N/S: Legacy HS Driveway 2 - East Dwy
E/W: Legacy Lane
Weather: Clear
File Name : 02 SGE E DWY LEGACY
Site Code :23625450
Start Date : 4/30/2025
Page No :4
Legacy HS Softball Field
Driveway 2
Southbound
Legacy Lane
Westbound I lEegaastck'oluannde
Start Time Lefti Righti App. Total iI Thru i RiQht i qpp. Total i Left i Thru i App. Total Peak Hour Analysis From 07:00 AM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 12:45 PM
12:45PM 0 0 0
O1:OOPM 0 0 0
01:15PM 0 0 0
nl::10PM 0 0 0
3 3
3 4
o
o
o
n
3 3
3 d
o
o
o
n
Int. Total
6 10
6 7
Total Volume
% App. Total
00 0
00 13 0 13
100 0
0 16 16
0 100
29 PHF .000 .000 .000 .E113 .000 .813 .000 .571 .571 .725 Legacy HS Softball Field Driveway 2
Out In Total
[' o [
Ri ht Left
Peak Hour Data
3[i [Il, 0
t
i=4:IIt .......=I:-===, .jA-H
O-m [.=:
31(/
335
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
(951)268-6268
City of South Gate
N/S: Legacy HS Driveway 2 - East Dwy
E/W: Legacy Lane
Weather: Clear
Legacy HS Softball Field
Driveway 2
Southbound
Legacy Lane
Westbound
Legacy Lane
Eastbound
Start Time Lefk i Riqht i App. Total i Thru i Right i App. Total Left i Thru i AOD. Total Peak Hour Analysis From 07:00 AM to 06:45 PM - Peak 1 of 1 Ppiik Hni ir fnr Fqr:h Arnrnqch Rpinins m'
File Name :02 SGE E DWY LEGACY
Site Code :23625450
Start Date : 4/30/2025
Page No :5
Int. Total
+O mins.
+15 mins.
+30 mins,
+45 mins.
07:00 AM
00 0
00 0
00 0
00 0
12:45 PM
30 3
30 3
30 3
40 4
07:45 AM
02 2
og g
03 3
02 2
Total Volume
% App. Total
00 0
00 13 0 13
100 0
0 16 16
0 100
PHF .000 .000 .000 .813 .000 .813 .000 .444 .444
Legacy HS Softball Field Driveway 2
In - Peak Hour: 07:00 AM
[o
Ri ht Left
Peak Hour Data
3 T =. 'F? T
U':r=!;' No'h '4ThnA:i
owl H F71 I TOtal Volume I H' H ,12_2
Or!!- -='l!"ii
_c o'2
336
City of South Gate
Legacy Lane
B/ Curve - Burtis Lane
12 Hour Directional Volume Count
Counts Unimited, Inc.
Pa Box 1178
Corona, CA 92878
(951 ) 268-6268
email: [email protected]
SGEOOI
Site Code: 236-25450
Start 4/30/25
Time Wed
12:00
12:15
12:30
12:45
01 :OO
01 :15
01 :30
01 :45
02 :00
02:15
02:30
02 :45
03 :00
03:15
03:30
03 :45
04 :00
04:15
04:30
04 :45
05 :00
05:15
05:30
05 :45
06 :00
06:15
06:30
06 :45
07 :00
07:15
07:30
07 :45
08 :00
08:15
08:30
08 :45
09 :00
09:15
09130
09:45
0:00
0:15
0:30
0 :45
1 :OO
1:15
1 :30
1 :45
Total
Combined
Total
AM Peak
Vol.
P.H.F.
PM Peak
Vol.
P.H.F.
0 9
0 16
0 5
08 0 9
0 7
0 6
3 0
15 0
6 0
7 0
5 0
"O
"1
"3
"3
'3
'3
"4
'2
"4
"2
"O
'1
"3
"O
"1
'4
'3
'2
" 3
"O
'O
'3
'2
'1
'3
'3
"O
" 1
3'
1 "
O"
i '
4"
3"
4 "
0 '
1 "
2"
0 '
O"
4'
O"
1 '
3 "
2 "
1 "
2 "
1 '
0 7
0 12
07 08
08 0 6
0 7
5 0
ll 0
30 80
60 0 16
0 28
0 12
0 16
0 17
0 13
0 13
8 0
26 0
9 0
15 0
11 0
Percentag
e
ADT/AADT
Eastbound HourTotals Westbound HourTotals CombinedTotals Morninq Afternoon Mornina Afternoon Mnrnino Afternoon Mornino Afmrnnnn Mnrninn Affp.rnnnn o
3 3
3 7
3 3
3 2
o
o
3 2
o
1 5
3 1
4 1
2 2
3 o
3 o
1 2
07:45
16 0.444
37.5%
ADT 368
96 00 :15
1 6
0.571
62.5%
36 96
60 33
07:45
12 0.750
88 55
00 :45
1 3
0.813
37.5% 62.5%
AADT 368
33 88
55 eg
184
115
337
Location: South Gate
Street: Legacy Lane
Between: Driveway 1 and Driveway 2 s
PEDESTRIANS
Date: 4/30/2025
Day: Wednesday
Weather Clear
BICYats
Counti Unlimited, InC
Corona, CA 92878
31'l338
APPENDIX C
LEVEL OF SERVICEANALYSIS
EXISTING PLUS PROJECTCONDITIONS
TJWEngineering, Inc.
CVR25005Legacy Lane Traffic & Circulation Study 05162025 320339
Generated withJ
Version 2025 (SP 0-2)
Control Type:
Analysis Method:
Analysis Period:
Intersection Setup
Two-way stop
HCM 7th Edition
15 minutes
Intersection Level Of Service Report
Intersection 1: Project Dwy #1/ Legacy Ln
Delay (sec/veh):
Level Of Service:
Volume to Capacity (v/c):
Legacy Lane Traffic Study
Scenario 3: 3 EP AM
8.7 A
0.006
Name Project Driveway #1 Legacy Lane Legacy Lane
Approach Northbound Eastbound Westbound
Lane Configuration T t* "!
Turning Movement Leff Right Thru Right Leff Thru
Lane dth [ftl 12.00 12.00 12.00 12.00 12.00 12.00
No. of Lanes in Entry Pocket o o o o o o
Entry Pocket Length [fll TOO 00 100 00 l 00 00 I")O 00 TOO 00 10(J 00 No. of Lanes in Exit Pocket o o o o o o
Exit Pocket Length [fi] 0 00 0 i)O 0 00 0 00 0 00 0 00
Speed [mphl 10.00 25.00 25.00
Grade [%] 0.00 0.00 0.00
Crosswalk Yes No No
Volumes
Name Project Dr veway #1 Legaci Lane Legacv Lane
Base Volume Input [veh/hl o o 17 o o 12
Base Volume Adjustment Factor 1 .0000 1.0000 1 .0000 1.0000 1 .0000 1 .0000 Heavy Vehicles Percentage [%] 0.00 0.00 0.00 0.00 0.00 0.00 Growth Factor 1 .0000 1.0000 1 .0000 1 .0000 1 .0000 1 .0000 In-Process Volume [veh{h] o 0 o o o o
Site-Generated Trips [veh/hl 6 o 2 2 o 6
Diverted Trips [veh/hl o o o o o o
Pass-by Trips [veh/hl o o o o o o
Existing Site Adjustment Volume [veh/hl o o o o o o
OtherVolume [veh/hl o o o o o o
Total Hourly Volume [veh/hl 6 o 19 2 o 18
Peak Hour Factor 1 .0000 I.OOOO 1 .0000 1.0000 1 .0000 1.0000 Other Adjustment Factor 1 .0000 1.0000 1 .0000 1.0000 1 .0000 10000 Total 15-Minute Volume [veh/hl 2 o 5 1 o 5
Total Analysis Volume [veh/hl 6 o 19 2 o 18
Pedestrian Volume [ped/hl 0 l) (]
1 5/1 2/2025
32,l 340
Generated withum
Version 2025 (SP 0-2)
Intersection Settings
Priority Scheme Slop Free Free
Flared Lane No
Storage Area [vehl o o 0
Two-Stage Gap Acceptance No
Number of Storage Spaces in Median o 0 o
Movement, Approach, & Intersection Res ults
V/C, Movement V/C Ratio 0.01 i
0.00 0 00 (' 00 0.00 0 00
d_M, Delay for Movement [s/vehl 8.70 I 8 =lI 0 00 0 00 7 2.1 0 CiO Movement LOS A A A A A A
95th-Percentile Queue Length [veh/lnl 0.02 0 0} 0.00 0.00 (100 0.00 95th-Percentile Queue Length [fUlnl 0.46 0 46 0.00 0.00 (j(, T) 0.00 d_A, Approach Delay [s/vehl 8.70 0.00 0.1)O
Approach LOS A A A
d_l, Intersection Delay [s/veh] 1.16
Intersection LOS A
2 Legacy Lane Traffic Study
Scenario 3: 3 EP AM
5/12/2025
341
Version 2025 (SP 0-2)
Control Type:
Analysis Method:
Analysis Period:
Intersection Setup
Intersection Level Of Service Report
Intersection 2: Legacy High Dwy #1 /Legacy Ln
Two-way stop
HCM 7th Edition
Delay (sec/veh):
Level Of Service:
15 minutes Volume to Capacity (v/c):
Legacy Lane Traffic Study
Scenario 3: 3 EP AM
7.2 A
0.001
Name Le Hi Legacy Lane Legacy Lane
Approach Southbound Eastbound Westbound
Lane Configuration T "i t*
Turning Movement Leff Right Leff Thru Thru Right
Lane Width [ftl 12.00 12.00 12.00 12.00 12.00 12.00
No. of Lanes in Entry Pocket o o o o o o
Entry Pocket Length [ffl $0 0 Qrl 400 00. IC'J 00 I (_lOI)t) TOO 00 100 00 No. of Lanes in Exit Pocket o o o o o o
Exit Pocket Length [fil 0 00 0 QC 0 00 0 (10 0 DO 0 QC) Speed [mphl 10.00 30.00 30.00
Grade [%] 0.00 0.00 0.00
Crosswalk Yes No No
Volumes
Name Le Hi Legacy Lane Legac'i Lane
Base Volume Input [veh/hl o o 1 16 12 o
Base Volume Adjustment Factor 1 .0000 1.0000 1 .0000 1 .0000 1 .0000 1 .0000 Heavy Vehicles Percentage [%] 0.00 0.00 0.00 0.00 0.00 0.00 Growth Factor 1 .0000 1.0000 1.0000 1 .0000 1 .0000 10000 In-Process Volume [veh/h] o o o o o o
Site-Generated Trips [veh/hl o o o 2 6 o
Diverted Trips [veh/hl o o o o o o
Pass-by Trips [veh/hl o o o o o o
Existing Site Adjustment Volume [veh/hl o o o o o o
Other Volume [veh/hl o o o o o o
Total Hourly Volume [veh/hl o o 1 18 18 o
Peak Hour Factor 1 .0000 1.0000 1 .0000 I .0000 1 .0000 10000 Other Adjustment Factor 1 .0000 1.0000 1 .0000 1 .0000 1 .0000 1.0000 Total 15-Minute Volume [veh/hl o o o 5 5 o
Total Analysis Volume [veh/hl o o 1 18 18 o
Pedestrian Volume [ped/hl 0 0 0
3 5/1 2/2025
323 342
Genera!ed WitbuM
Version 2025 (SP 0-2)
Intersection Settings
Priority Scheme Stop Free Free
Flared Lane No
Storage Area [vehl o n o
Two-Stage Gap Acceptance No
Number of Storage Spaces in Median 0 0 o
Movement, Approach, & Intersection Res ults
V/C, Movement V/C Ratio 0.00 0.00 0.00 0 00 0 00 0 00
d_M, Delay for Movement [s/vehl 8 68 8 38 7.23 0 00 0 00 0 00 Movement LOS a'i A A A A A
95th-Percentile Queue Length [veh/In] 0 00 0 0(l 0.00 0.00 0.00 0 00 95th-Percentile Queue Length [fl/lnl 0 00 0 011 0.04 0.04 0.00 (! [_0 d_A, Approach Delay [s/vehl 8 33 0. 38 0.1)O
Approach LOS A A A
d_l, Intersection Delay [slvehl 0.20
Intersection LOS A
4 Legacy Lane Traffic Study
Scenario 3:3 EP AM
5/1 2/2025
343
Generated withuffl
Version 2025 (SP 0-2)
Control Type:
Analysis Method:
Analysis Period:
Intersection Setup
Intersection Level Of Service Report
Intersection 3: Project Dwy #2/Legacy Ln
Tvvo-way stop
HCM 7th Edition
Delay (sec/veh):
Level Of Service:
15 minutes Volume to Capacity (v/c):
Legacy Lane Traffic Study
Scenario 3: 3 EP AM
8.7 A
0.006
Name Project Driveway #2 Legacy Lane Legacy Lane
Approach Northbound Eastbound Westbound
Lane Configuration T is "f
Turning Movement Leff Right Thru Right Leff Thru
Lane dth [ffl 12.00 12.00 12.00 12.00 12.00 12.00
No. of Lanes in Emry Pocket o o o o o o
Entry Pocket Length [ffl il')O 00 I €O 00 i00 00 100 00 100 00 100 00 No. of Lanes in Exit Pocket o o o o o o
Exit Pocket Length [ft] 0 00 0 0'J 0 (10 I) 00 0 00 0 DO Speed [mphl 10.00 25_00 25.00
Grade [%] 0.00 0.00 0.00
Crosswalk Yes No No
Volumes
Name Project Driveway #2 Legacy Lane Legac'i Lane
Base Volume Input [veh/hl o o 16 o o 12
Base Volume Adjustment Factor 1 .0000 1.0000 1 .0000 10000 1 .0000 1 .0000 Heavy Vehicles Percentage [%] 0.00 0.00 0.00 0.00 0.00 0.00 Growth Factor 1.0000 1.0000 10000 1.0000 1 .0000 1 .0000 In-Process Volume [veh{hl 0 0 o 0 o o
Site-Generated Trips [veh/hl 6 o o 2 o o
Diverted Trips [veh/hl o o o o o o
Pass-by Trips [veh/hl o o o o o o
Existing Site Adjustment Volume [veh/hl o o o o o o
OtherVo!ume [veh/hl o o o o o o
Total Hourly Volume [veh/hl 6 o 16 2 o 12
Peak Hour Factor 1 .0000 1.0000 I .0000 i.OOOO 1.0000 tOOOO Other Adjustment Factor 1 .0000 1.0000 1 .0000 1 .0000 1 .0000 1 .0000 Total 15-Minute Volume [veh/hl 2 o 4 1 o 3
Total Analysis Volume [veh/hl 6 o 16 2 o 12
Pedestrian Volume [ped/hl o F) (i
5 5/1 2/2025
325 344
GeneraiedW1tbmW
Version 2025 (SP 0-2)
Intersection Settings
Priority Scheme Stop Free Free
Flared Lane No
Storage Area [vehl o o o
Two-Stage Gap Acceptance No
Number of Storage Spaces in Median o 0 o
Movement, Approach, & Intersection Res ults
V/C, Movement V/C Ratio 0.01 0.00 0 00 0 00 0.00 D Ot)
d_M, Delay for Movement [s/vehl 8.66 113 a9 0 00 0 00 7 23 0 00 Movement LOS A ,"k A A tl A
95th-Percentile Queue Length [veh/lnl 0.02 0 02 0.00 0.00 (' (10 0.00 95th-Percentile Queue Length [fk/lnl 0.46 l! 46 0.00 0.00 0 00 0.00 d_A, Approach Delay [s/vehl 8.:36 0.00 O.]O
Approach LOS A A A
d_l, Intersection Delay {s/vehl 1 .44
Intersection LOS A
6 Legacy Lane Traffic Study
Scenario 3: 3 EP AM
5/1 2/2025
'31',z 345
Generatedwaith W" 6'
Version 2025 (SP 0-2)
Legacy Lane Traffic Study
Scenario 3: 3 EP AM
Control Type:
Analysis Method:
Analysis Period:
Intersection Level Of Service Report
Intersection 4: Legacy High Dwy #2 : Project Dwy #3/Legacy Ln Two-waystop Delay(sec/veh):
HCM 7th Edition Level Of Service:
15 minutes Volume to Capacity (v/c):
8.4 A
0.006
Intersection Setup
Name Project Driveway #3 Le Hi Legacy Lane Legacy Lane
Approach Northbound Southbound Eastbound Westbound
Lane Configuration + + + +
Turning Movement Leff Thru Right Lefi Thru Right Leff Thru Right Leff Thru Right Lane dth [ftl 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 No. of Lanes in Entry Pocket o 0 o o 0 o o 0 o o 0 o
Entry Pocket Length [fil XO00i) I
TOO 110 10Q 00 100 00 100 DO 10000 100 0f) 100 0i) 100 00 100 00 I 00 00 100 00 No. of Lanes in Exit Pocket o o o o 0 o o 0 o o 0 o
Exit Pocket Length [fll 000 I-I 0 00 0 00 0 DO 0 00 0 CIO 0 0 t) 0 00 0 00 f! 00 0 00 Speed [mphl 10.00 10.00 30.00 25.00
Grade [%] 0.00 0.00 0.00 0.00
Crosswalk Yes Yes No No
Volumes
Name Project Driveway #3 Le Hi Legacy Lare Legacy Lare
Base Volume Input [veh/hl 01 o o o o o o 16 o o 12 o
Base Volume Adjustment Factor 1 .0000 1 .0000 1 .0000 1 .0000 10000 1 .0000 1 .0000 10000 1 .0000 1 .0000 1 .0000 1 .0000 Heavy Vehicles Percentage [%] 0.00 0.00 ' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 i Growth Factor 1 .0000 1.0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1.0000 1 .0000 1 .0000 1 .0000 1 .0000 In-Process Volume [veh/hl o o o o o o o o o o o o
Site-Generated Trips [veh/hl o o 6 o o o o o o 2 o o
Diverted Trips [veh/hl o o o o o o o o o o o o
Pass-by Trips [veh/hl o o o o o o o o o o o o
Existing Site Adjustment Volume [veh/hl o o o o o o o o o o o o Other Volume [veh/hl o o o o o o o o o o o o
Total Hourly Volume [veh/hl o o 6 o o o o 16 o 2 12 o
Peak Hour Factor 1 .0000 1 .0000 I .0000 1 .0000 1 .0000 1 .0000 1 .0000 1.0000 I .0000 1 .0000 I .0000 1 .0000 Other Adjustment Factor 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1.0000 1jJOOO 1 .0000 1 .0000 1 .0000 1.0000 1 .0000 Total 15-Minute Volume [veh/hl o o 2 o o o o 4 o 1 3 o
Total Analysis Volume [veh/hl o
I
o 6 o o o o 16 o 2 12 o
Pedestrian Volume [ped/hl o o o 0
7 5/1 2/2025
311 346
Generated withJJ
Version 2025 (SP 0-2)
Intersection Settings
' Priority Scheme Stop Stop Free Free
Flared Lane No No
Storage Area [vehl o 0 0 Q
Two-Stage Gap Acceptance No No
Number of Storage Spaces in Median 0 0 o 0
Movement, Approach, & Intersection Res ults
V/C, Movement V/C Ratio 0.00 0.00 0.01 OJ)O 0.00 0.00 0.00 0 01) 0 00 0.00 0 ')(') 0 UO d_M, Delay for Movement [s/vehl 8 69 9 49 8.39 8 -r l 9 17 8 35 i' 22 0 00 0 00 7.23 0 00 0 00 Movement LOS A A A /'1 ,A A A A A A A A
95th-Percentile Queue Length [veh/lnl (:'.02 0 02 0.02 0 0t) 0 00 0 0 0 0 DO 0.00 0 00 0.00 0.00 0 00 95th-Percentile Queue Length [fUlnl 0 _42 0 4 2 0.42 0 00 0 00 0 00 (l 0 0 0.00 0 0(l 0.08 0.08 0 08 d_A, Approach Delay [s/vehl 8.39 (; I _. 0.00 1 .03
Approach LOS A A A A
d_l, Intersection Delay [slvehl 1.30
Intersection LOS A
8 Legacy Lane Traffic Study
Scenario 3:3 EP AM
5/1 2/2025
3Th 347
Generated with69
Version 2025 (SP 0-2)
Control Type:
Analysis Method:
Analysis Period:
Intersection Setup
Two-way stop
HCM 7th Edition
15 minutes
Intersection Level Of Service Report
Intersection 1 : Project Dwy #1/ Legacy Ln
Delay (sec/veh):
Level Of Service:
Volume to Capacity (v/c):
Legacy Lane Traffic Study
Scenario 4:4 EP PM
8.9 A
0.003
Name Project Driveway #1 Legacy Lane Legacy Lane
Approach Northbound Eastbound Westbound
Lane Configuration T to "!
Turning Movement Lefi Right Thru Right Left Thru
Lane dth [ftl 12.00 12.00 12.00 12.00 12.00 12.00
No. of Lanes in Entry Pocket o o o o o o
Entry Pocket Length [ft] hJ0 @(i i 0 ) 00 tOO 00 10000 I % 00 I 0i_1 ao No. of Lanes in Exit Pocket o o o o o o
Exit Pocket Length [fil 0 00 0 01': 0 00 0 00 0 00 0 I)O Speed [mphl 10.00 25.00 25.00
Grade [%] 0.00 0.00 0.00
Crosswalk Yes No No
Volumes
Name Project Dr veway #1 Legacy Lane Legacai Lane
Base Volume Input [veh/hl o o 27 o o 40
Base Volume Adjustment Factor 1 .0000 1.0000 1.0000 1.0000 1 .0000 1 .0000 Heavy Vehicles Percentage [%] 0.00 0.00 0.00 0.00 0.00 0.00 Growth Factor 1 .0000 1.0000 1.0000 1.0000 1 .0000 1 .0000 In-Process Volume [veh/hl o o o o o o
Site-Generated Trips [veh/hl 3 o 6 6 o 3
Diverted Trips [veh/hl o o o o o o
Pass-by Trips [veh/hl o o o o o o
Existing Site Adjustment Volume [veh/hl o o o o o o
Other Volume [veh/hl o o o o o o
Total Hourly Volume [veh/hl 3 o 33 6 o 43
Peak Hour Factor 1 .0000 I.OOOO I .0000 I .0000 I .0000 I .0000 Other Adjustment Factor 1.0000 1.0000 1 .(X)00 1.0000 1 .0000 1 .0000 Total 15-Minute Volume [veh/hl I o 8 2 o 11
Total Analysis Volume [veh/hl 3 o 33 6 o 43
Pedestrian Volume [ped/hl 0 Q 0
1 5/1 2/2025
348
Generated withmW
Version 2025 (SP 0-2)
Intersection Settings
Priority Scheme Stop Free Free
Flared Lane No
Storage Area [vehl (i o 0
Two-Stage Gap Acceptance No
Number of Storage Spaces in Median 0 o ('i
Movement, Approach, & Intersection Res ults
V/C, Movement V/C Ratio 0.00 0.00 0 00 D 00 0.00 0 00
d_M, Delay for Movement [s/vehl 8.89 8 {l 7 0 00 0 00 7 2 7 0 00 Movement LOS A A A A A A
95th-Percentile Queue Length [veh/lnl 0.01 0 01 0.00 0.00 0 00 0.00 95th-Percentile Queue Length [fk/lnl 0.24 0 J.I 0.00 0.00 0 r2Q 0.00 d_A, Approach Delay [s/vehl 8.a9 0.00 0.1)O
Approach LOS A A A
d_l, Intersection Delay [s/vehl 0.31
Intersection LOS A
2 Legacy Lane Traffic Study
Scenario 4:4 EP PM
5/1 2/2025
33o 349
Generated with Q
Version 2025 (SP 0-2)
Control Type:
Analysis Method:
Analysis Period:
Intersection Setup
Intersection Level Of Service Report
Intersection 2: Legacy High Dwy #1 /Legacy Ln
Two-way stop
HCM 7th Edition
Delay (sec/veh):
Level Of Service:
15 minutes Volume to Capacity (v/c):
Legacy Lane Traffic Study
Scenario 4:4 EP PM
9.0 A
0.001
Name Le Hi Legacy Lane Legacy Lane
Approach Southbound Eastbound Westbound
Lane Configuration T "f t*
Turning Movement Lefl Right Leff Thru Thru Right
Lane dth [ftl 12.00 12.00 12.00 12.00 12.00 12.00
No. of Lanes in Entry Pocket o o o o o o
Entry Pocket Length [fll 1nO 110 TOO 00 i00 00 i 0() C.0 IC'O 00 TO(i ttT No. of Lanes in Exit Pocket o o o o o o
Exit Pocket Length [ffl 0 0€' 0 00 0 0U 0 00 0 00 0 (10 Speed [mphl 10.00 30.00 30.00
Grade [%] 0.00 0.00 0.00
Crosswalk Yes No No
Volumes
Name Le Hi Legacy Lane Legacy Lane
Base Volume Input [veh/hl 1 34 24 3 6 1
Base Volume Adjustment Factor I .0000 1.0000 1.0000 1 .0000 1 .0000 10000 Heavy Vehicles Percentage [%] 0.00 0.00 0.00 0.00 0.00 0.00 Growth Factor 1 .0000 1.0000 1.0000 1 .0000 1 .0000 1 .0000 In-Process Volume [veh/hl o o o o o o
Site-Generated Trips [veh/hl o o o 6 3 o
Diverted Trips [veh/hl o o o o o o
Pass-by Trips [veh/hl o o o o o o
Existing Site Adjustment Volume [veh/hl o o o o o o
Other Volume [veh/hl o o o o o o
Total Hourly Volume [veh/hl 1 34 24 9 9 1
Peak Hour Factor 1 .0000 1.0000 1 .0000 1 .0000 1 .0000 1.0000 Other Adjustment Factor 1 .0000 1.0000 1 .0000 1.0000 1 .0000 1.0000 Total 15-Minute Volume [veh/hl o 9 6 2 2 o
Total Analysis Volume [veh/hl 1 34 24 9 9 1
Pedestrian Volume [ped/hl 0 D 0
3 5/1 2/2025
350
GeneratedwithJg Legacy Lane Traffic Study
Version 2025 (SP 0-2)
Intersection Settings
Priority Scheme Stop Free Free
Flared Lane No
Storage Area [vehl o o o
Two-Stage Gap Acceptance No
Number of Storage Spaces in Median o ii o
Movement, Approach, & Intersection Res ults
V/C, Movement V/C Ratio 0.00 0.03 O.Oi 0 Q0 0 00 0 00
d_M, Delay for Movement [s/vehl 8.99 8.45 7.25 0 00 0 00 0 00 Movement LOS A A A A A A
95th-Percentile Queue Length [veh/lnl 0.10 O.10 0.04 0.04 0.00 0.00 95th-Percentile Queue Length [ff/lnl 2.53 2.53 1 .01 1.01 0.00 0.00 d_A, Approach Delay [s/vehl 8.47 5. 27 0.00
Approach LOS A A A
d_l, Intersection Delay {s/vehl 6.03
Intersection LOS A
4 Scenario 4:4 EP PM
5/1 2/2025
332.,351
Generated withJ9
Version 2025 (SP 0-2)
Comrol Type:
Analysis Method:
Analysis Period:
Intersection Setup
Intersection Level Of Service Report
Intersection 3: Project Dwy #2/Legacy Ln
Two-way stop
HCM 7th Edition
Delay (sec/veh):
Level Of Service:
15 minutes Volume to Capacity (v/c):
Legacy Lane Traffic Study
Scenario 4:4 EP PM
8.6 A
0.003
Name Project Driveway #2 Legacy Lane Legacy Lane
Approach Northbound Eastbound Westbound
Lane Configuration T h 4
Turning Movement Leff Right Thru Right Lefi Thru
Lane dth [ffl 12.00 12.00 12.00 12.00 12.00 12.00
No. of Lanes in Entry Pocket o o o o o o
Entry Pocket Length [ftl 100 00 I CIO00 TOO 00 100 00 100 01.) 10i) 00 No. of Lanes in Exit Pocket o o o o o o
Exit Pocket Length [fkl 0 00 D DO 0 0CI 0 ('O 0 DO D l)O Speed [mphl 10 00 25 00 25.00
Grade [%] 0.00 0.00 0.00
Crosswalk Yes No No
Volumes
Name Project Dr veway #2 Legacy Lane Legacai Lane
Base Volume Input [veh/hl o o
-l o o 8
Base Volume Adjustment Factor 1.0000 1.0000 1.0000 l
1.0000 i .0000 1 .0000
Heavy Vehicles Percentage [%] 0.00 0.00 0.00 i
0.00 0.00 0.00
Growth Factor 1 .0000 1.0000 1 .0000 1 .0000 1 .0000 1 .0000 In-Process Volume [veh/hl o o o o o 0
Site-Generated Trips [veh/hl 3 o o 6 o o
Diverted Trips [veh/hl o o o o o o
Pass-by Trips [veh/hl o o o o o o
Existing Site Adjustment Volume [veh/hl o o o o o o
Other Volume [veh/hl o o o o o o
Total Hourly Volume [veh/hl 3 o 9 6 o 8
Peak Hour Factor 1 .0000 1 .0000 1 .0000 , 1.0000 I .0000 1 .0000 OtherAdjustment Factor 1.0000 1 .0000 1 .0000 10000 1 .0000 1 .0000 Total15-Minute Volume [veh/hl 1 o 2 2 o 2
Total Analysis Volume [veh/hl 3 o 9 6 o 8
Pedestrian Volume [ped/hl o 0 (l
5 5/1 2/2025
333 352
Generated with65
Version 2025 (SP 0-2)
Intersection Settings
Priority Scheme Stop Free Free
Flared Lane No
Storage Area [vehl o o 0
Two-Stage Gap Acceptance No
Number of Storage Spaces in Median o n o
Movement, Approach, & Intersection Results
V/C, Movement V/C Ratio 0.00 0.00 n 00 0 00 0.00 0 QC)
d_M, Delay for Movement [s/vehl 8.60 8 3i; 0 00 0 00 i' :" "-l 0 00 Movement LOS A A A A A A
95th-Percentile Queue Length [veh/In] 0.01 0 01 0.00 0.00 0 (l0 0.00 95th-Percentile Queue Length [fUlnl 0.23 0 ):l 0.00 0.00 (l Oi) 0.00 d_A, Approach Delay [s/vehl 8.i30 0.1)O 0.)O
Approach LOS A A A
d_l, Intersection Delay [s/vehl 0.99
Intersection LOS A
6 Legacy Lane Traffic Study
Scenario 4:4 EP PM
5/1 2/2025
33'l353
Generated withmW
Version 2025 (SP 0-2)
Legacy Lane Traffic Study
Scenario 4:4 EP PM
Intersection Level Of Service Report
Intersection 4: Legacy High Dwy #2 - Project Dwy #3/Legacy Ln Control Type:
Analysis Method:
Analysis Period:
Intersection Setup
Two-way stop
HCM 7th Edition
15 minutes
Delay (sec/veh):
Level Of Service:
Volume to Capacity (v/c):
8.4 A
0.004
Name Project Driveway #3 Le Hi Legacy Lane Legacy Lane I Approach Northbound Southbound Eastbound Westbound
Lane Configuration + + + +
Turning Movement Leff Thru Right Lefl Thru Right Lefl Thru Right Lefi Thru Right Lane dth [ftl 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 i2.00 No. of Lanes in Entry Pocket o 0 o o n o o 0 o o 0 o
Entry Pocket Length [ffl I'DO 00 100 00 100 00 100 00 400 00 TOO 00 1 nO {)'; i 00 00 100 00 100 00 Tan DC. 100 00 No. of Lanes in Exit Pocket o 0 o o o o o o o o o o
Exit Pocket Length [ffl 0 00 0 0 ('. (1 00 0 00 0 00 0 00 C DO 0 00 0 00 0 00 0 00 0 DO Speed [mphl 10.00 10.00 30.00 25.00
Grade [%] 0.00 0.00 0.00 0.00
Crosswalk Yes Yes No No
Volumes
Name Project Driveway #3 Le Hi Legacy Lare Legacy Lare
Base Volume Input [veh/hl o o o o o o o 9 o o 8 o
I BaseVolumeAdjustment Factor 1 .0000 1 .0000 , 1 .0000 1 .0000 1 .0000 10000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 Heavy Vehicles Percentage [%] 0.00 0.00 ' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Growth Factor 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1.0000 1 .0000 1 .0000 1 .0000 In-Process Volume [veh/hl o o o o o o o o o o o o
Site-Generated Trips [veh/hl o o 4 o o o o o o 6 o o
Diverted Trips [veh/hl o o o o o o o o o o o o
Pass-by Trips [veh/hl o o o o o o o o o o o o
Existing Site Adjustment Volume [veh/hl o o o o o o o o o o o o Other Volume [veh/hl o o o o o o o o o o o o
Total Hourly Volume [veh/hl o o 4 o o o o 9 o 6 8 o
Peak Hour Factor 1 .0000 1 .0000 1 .0000 1 .0000 I .0000 1 .0000 1 .0000 1.0000 1 .0000 1 .0000 1 .0000 1.0000 Other Adjustment Factor 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 1 .0000 Total 15-Minute Volume [veh/hl o o 1 o o o o 2 o 2 2 o
Total Analysis Volume [veh/hl oi o 4 o o o o 9 o 6 8 o
Pedestrian Volume [ped/hl o o o o
7 5/12/2025
354
GeneratedwithJg
Version 2025 (SP 0-2)
Intersection Settings
Priority Scheme Stop Stop Free Free
Flared Lane No No
Storage Area [vehl 0 0
(1 0
Two-Stage Gap Acceptance No No
Number of Storage Spaces in Median 0 0 o o
Movement, Approach, & Intersection Re= ults
V/C, Movement V/C Ratio 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Ci OCi D 00 0.00 0 00 0 0Ci d_M, Delay for Movement [s/vehl 8 G8 9 18 8.35 8f39 906 13 3 3 721 0 00 0 00 7.22 0 00 0 00 Movement LOS A !'i A A /'s A A A A A A A
95th-Percenlile Queue Length [veh/In] 001 001 0.01 0 00 0 00 0 GO 0 00 0.00 0 00 0.01 0.01 0 0 'l 95th-Percentile Queue Length [fUlnl 0 2!1 0 :) ia 0.28 0 00 0 0n 0 0 (! 0 t)O 0.00 C'.DO 0.25 0.25 0 2 5 d_A, Approach Delay [s/vehl 8.35 0.00 3.10
Approach LOS A A A A
d_l, Intersection Delay [s/veh] 2.34
Intersection LOS A
8 Legacy Lane Traffic Study
Scenario 4:4 EP PM
5/12/2025
33(/ 355
Item No. 4
Office ul ttica
South Gate City (21erk
MAY22 2025lb.' City of South Gate
""""'o CITYCOUNCIL
AG-ENDA BULL
For the Regular Meeting of May 27, 2025
Originating Department: City Manager's Office
Mia iguiiar
City Matiager:
Rob ouston
SUBJECT: TWEEDY MILE ADVISORY BOARD ANNUAL REPORT FOR FISCAL YEAR 2025/26 AND RESOLUTION DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025/26 FOR THE PARKING
AND BUSINESS IMPROVEMENT AREA (KNOWN AS THE TWEEDY MILE
BUSINESS DISTRICT) BUSINESS LICENSE
PURPOSE: To approve the Tweedy Mile Advisory Board's Annual Report for Fiscal Year 2025/26 and declare the City's intention to levy and collect assessments for Fiscal Year 2025/26 for the Parking and Business Improvement Area Business License.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving the Tweedy Mile Advisory Board's Annual Report for Fiscal Year 2025/26; and
b. Adopting a Resolution declaring the City's intention to levy and collect assessments for Fiscal Year 2025/26 for the Parking and Business Improvement Area (known as the Tweedy Mile Business District) Business License, and scheduling a Public Hearing for June 24, 2025
FISCAL IMPACT: The amount of estimated fiinding available for use in Fiscal Year 2025/26 is $28,506.54. The Aru'iual Assessment generates approximately $22,000 for the Tweedy Mile Business Improvement District. Due to the Tweedy Mile Complete Streets Project, general retail trade promotion activities were paused, resulting in a carryover balance of $6,506.54 into the new fiscal year.
ALIGNMENT WITH COUNCIL GOALS: The Parking and Business Improvement Area Business License meets the City Council's goal to improve the business environment of the Tweedy Mile Business District.
ANALYSIS: On November 2, 1970, the City Council adopted Ordinance No. 1129 adding Chapter
2.64 (Parking and Business Improvement Area Business License), to Title 2 (Licenses - Business Regulations), of the South Gate Municipal Code establishing a Parking and Business Improvement Area ("Area"), pursuant to the Parking and Business Improvement Act Law of 1965, 1 356
Part 5 of Division 18 of the California Streets and Highway Code Section 36000 through 36081.
The Area works by having the City levy an additional business license tax on businesses located within the designated Area and then annually remitting those funds back to the BusinesS Improvement District ("BID"). Section 2.64.040 (Uses and Purpose), of Title 2 (Licenses-Business Regulations) of the South Gate Municipal Code states that the funds collected by the City and remitted to the BID can only be used for the following purposes:
C.
Decoration of any public place in the area;
Promotion of public events which are to take place on or in public places in the area; and
The general promotion of retail trade activities in the area.
The City's Municipal Code also requires that the Tweedy Mile Advisory Board ("Board") submit an Annual Report to the City Council no later than June Ist of each year. The Annual Report shall specify the expenses, services, activities, and programs to be funded by the assessment for the upcoming fiscal year(s), in accordance with the requirements of Sections 36530 and 36533 of the California Streets and Highways Code. Said Code also requires the City Council to approve the Aru'iual Report, and, after, shall adopt a Resolution declaring the City's intention to levy an annual assessment for the fiscal year and schedule a Public Hearing to allow public testimony regarding the proposed assessment.
The Board approved the attached Tweedy Mile Advisory Board Aru'iual Report (Attachment A).
Staff recommend that the City Council approve the Annual Report which includes a program budget for Fiscal Year 2025/26. In addition to the Annual Report, staff also recommend that the City Council adopt the proposed Resolution declaring the City's intention to levy and collect assessments for Fiscal Year 2025/26 (Attachment B) and approve the scheduling of a Public Hearing for June 24, 2025. Together, the Resolution and Annual Report are the initial steps to levy the proposed assessments and approve the program budget for Fiscal Year 2025/26.
BACKGROUND: On May 5, 2025, the Board approved its Annual Report which included a proposed budget for Fiscal Year 2025/26. As in years past, no tax increase or changes to the assessment methodology are proposed for assessments to be collected in Fiscal Year 2025/26.
BOARD'S BUDGET RECOMMENDATIONS FOR FISCAL YEAR 2025/26:
a) $18,506.54 for the general promotion of retail trade activities; and b) $10,000 for decoration of any public place in the area.
The proposed budget for Fiscal Year 2025/26 is included in the Annual Report. The Board has allocated $10,000 for the annual installation, removal, and storage of the Christmas decorations on Tweedy Blvd. The $18,506.54 will likely be used to cover annual costs to maintain the Tweedy Mile BID website as well as more marketing services. The Board will approve the specific funding requests in the next Fiscal Year.
ANNUAL REPORT:
To implement the Board's Parking and Business Improvement Area Business License recommendations, the City Council must approve the Annual Report and adopt a Resolution of 2 357
Intent to Levy Assessments for the Fiscal Year 2025/26. The Annual Report includes information regarding the assessment methodology, boundaries, and a planned budget with activities for the upcoming fiscal year. Upon adoption of the proposed Resolution of Intent, Parking and Business Improvement Area members will be notified by mail of the proposed assessments and the Resolution will be published in the Los Angeles Wave newspaper. The City Council will conduct a Public Hearing on June 24, 2025, for public testimony on the proposed assessment levy and budget. At the Public Hearing, the City Council will hear and consider protests the assessments. If business owners in the area who would be responsible for paying 50% or more of the proposed assessments submit written protests by 6:30 p.m. on June 24, 2025, and those protests are not withdrawn enough to drop below the 50% threshold, the City Council will not move forward with the proposed assessments for one year from the date it determines a majority protest exists.
ASSESSMENT/BUDGET AJ)OPTION SCHEDULE:
Staff propose the following schedule to continue the collection of annual assessments as required by state law and the South Gate Municipal Code:
Dates Action
May 5, 2025 The board reviews and approves the Annual
Report.
May 27, 2025 City Council adopts Resolution of Intent to Levy Assessments for Fiscal Year 2025/26.
June 02, 2025 Letter and Resolution of Intent (indicating Public Hearing infornnation and how to submit protests
verbally or in writing) will be mailed to all affected
businesses.
June 24, 2025 City Council conducts Public Hearing to receive public testimony on the proposed assessment levy.
ATTACHMENTS: A. Tweedy Mile Advisory Board Atu'iual Report B. Proposed Resolution
C. Municipal Code Chapter 2.64 (Parking and Business Improvement Area Business License)
3 358
ATT ACHMENT A
PARKING AND BUSINESS IMPROVEMENT AREA
ANNUAL REPORT FOR FISCAL YEAR 2025/26
This annual report includes the proposed assessment levy and program budget for the fiscal year 2025/26.
Tweedy Mile Advisory Board
Per the Parking and Business Improvement Area Law of 1989 and the South Gate Municipal Code, Chapter 2.64, the City Council shall appoint a Tweedy Mile Advisory Board in order to make recommendations to the City Council on the expenditure of revenues derived from the levy assessments on proposed improvements and activities and on the method and basis of levying assessments.
Purpose of Annual Report
The Tweedy Mile Advisory Board shall prepare an annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The report may propose changes, including but not limited to, the boundaries of the parking and business improvement area and the basis and method of levying the assessments.
Boundaries and Assessments
There are no proposed changes to the Parking and Business Improvement Area ("Area") boundaries or the assessment methodology. The Area boundary map and assessment methodology are included as Exhibits A and B.
Method and Basis of Levying the Assessment
All businesses within the Area are subject to the assessment. The levy of the business license tax imposed upon the businesses within said Area, is hereby fixed, levied, determined, and established per the City's assessment methodology included with this report as Exhibit B.
Payment of Tax
The additional rate or levy of the license tax levied is due and payable at the same time and in the same manner that the business license tax is imposed by the South Gate Municipal Code Chapter 2.08 (Business License Tax).
Budget
A line-item budget for FY 2025/26 is included with this report as Exhibit C. The Board has allocated $10,000 for the annual installation, removal, and storage of the Christmas decorations on Tweedy Blvd. A portion of the $18,506.54 will likely be used to cover annual costs to maintain the Tweedy Mile BID website as well as more marketing services. The Board will approve the specific funding requests in the next Fiscal Year. 1 359
ATT ACHMENT A
Exhibit A- Parking and Business Improvement Area Map
Exhibit B - Parking and Business Improvement Area Business License Fees Exhibit C- Parking and Business Improvement Area Budget for FY 2025/26 2 5
360
City oj
South
6ate
AaA 40
Exhibit A
Below is Cl map delineating the boundaries of the Parking and Business Improvement Area and the list of addresses located within the Area.
AVE. tJLJLl LJtJLJ
Addresses located in the Business Improvement Area:
California Ave. 9700 - 10100
Long Beach Blvd. 9700 - 9900
Otis St. 9700 - 10100
San Gabriel Ave. 9900 -10100
Son Juan Ave. 9900 - 10100
State St. 9700 - 9900
Tweedy Blvd. 3150 - 4499
361
Exhibit B
CITY OF SOUTH GATE
PARKING AND BUSINESS IMPROVEMENT AREA BUSINESS LICENSE FEES FISCALYEAR 2023/24
Street Name Address Range
Tweedy Blvd. 3150 - 4499
California Ave. 9700 - 10100
Long Beach Blvd. 9700-9900
Otis St. 9700 - 10100
San Gabriel Ave. 9900 - 10100
San Juan Ave. 9900 - 10100
State St. 9700 - 9900
Businesses located in the Parking and Business Improvement Area are subject to the provisions of Chapter 2.64 of the South Gate Municipal Code, "Parking and Business Improvement Area" which established a Business Improvement Area Fee based on the businesses" annual gross receipts.
The Business Improvement Area Fees are collected by the City and are deposited into the "Parking and Business Improvement Account" and can be used for the following purposes only:
1. Decoration of any public place in the area.
2. Promotion of public events which are to take place on or in public places in the area.
3. The general promotion of retail trade activities in the area.
The Business Improvement Area Fee is an additional fee to the regular City license tax shown on the enclosed renewal. The business owner shall calculate the Business Improvement Area Fee according to the schedule below and add it to total tax calculated on the Business License Renewal Form.
Schedule of Business Improvement Area Fees
Annual Gross Receipts Total:
If less than SI0,000
If SI0,000 or more, but less than 925,000
If S25,000 or more, but less than 950,000
If 950,000 or more, but less than S75,000
If 575,000 or more, but less than 9100,000
If 5100,000 or more, but less than S200,000
If S200,000 or more, but less than 5300,000
If 5300,000 or more, but less than 5400,000
If S400,000 or more, but less than 9500,000
If 5500,000 or more, but less than 5600,000
If S600,000 or more, but less than S700,000
If 5700,000 or more, but less than 5800,000
If S800,000 or more, butless than S900,000
If 5900,000 or more, but less than 91,000,000
If Sl,000,000 or more, but less than Sl,100,000
If Sl,100,000 or more, but less than Sl,200,000
If Sl,200,000 or more, but less than Sl,300,000
If 51,300,000 or more, but less than Sl,400,000
If 51,400,000 or more, but less than Sl,500,000
If such gross receipts exceed the sum of Sl,500,000, the Fee shall be the sum of S236.00 as specified above, plus the sum of 25 cents for each Sl,000 or major fraction thereof in excess of said Sl,500,000.
The Fee Shall Be:
915
920
S25
S36
S48
560
S72
S84
S96
6110
5124
9138
9152
5166
9180
9194
S208
S222
S236
Total Not to Exceed S400
7a
362
Parking and Business Improvement Area Budget
FY2025/26
Exhibit C
BID Fund Balance Summary - July 1, 2025 S6,506.54
FY2024/25 Estimated Assessment Revenue ' S22,000.00
Total Estimated BID Funds Available jor Use in FY202g/26 S28,506.54 Proposed Budget Items Amounts
Decoration of Any Public Place in the Area SI0,000.00
General Promotion of Retail Trade Activities in the Area S18,506.54 Estimated Ending BID Fund Balance - June 30, 2025 SO.OO 1 363
Attachment B
RESOLUTION NO,
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, DECLARING THE CITY'S INTENTION TO
LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025/26
FOR THE PARKING AND BUSINESS IMPROVEMENT AREA (KNOWN
AS THE TWEEDY MILE BUSINESS DISTRICT) BUSINESS LICENSE
AND SCHEDULING A PUBLIC HEARING FOR JUNE 24, 2025
WHEREAS, pursuant to the Parking and Business Improvement Act Law of 1965, Part 5 of Division 18 of the California Streets and Highway Code Section 36000 through 36081, on November 2, 1970, the City Council ("City Council") of the City of South Gate ("City") adopted Ordinance No. 1129 adding Chapter 2.64 (Parking and Business Improvement Area Business License), to Title 2 (Licenses - Business Regulations), of the South Gate Municipal Code establishinga ParkingandBusinessImprovementArea("Area"),specifyingtheinitialoradditional rate or levy of the license tax to be imposed on businesses, and specifying the uses to which the revenue shall be expended;
WHEREAS, the Parking and Business Improvement Area Business License levies an additional business license tax on businesses located within the designated Area and the City annually remits those funds back to the Tweedy Mile Association to be used for certain purposes in the Area;
WHEREAS, pursuant to Section 36530 of the California Streets and Highways Code, on September 27, 2011, the City Council adopted Ordinance No. 2286 adding Sections 2.64.100 through 2.64.140 establishing the Tweedy Mile Advisory Board ("TMAB") to make recornrnendations to the City Council on the expenditure of revenues derived from the levy assessments on proposed improvements and activities and on the method and basis of levying assessments,,
WHEREAS, on September 11, 2018, and September 25, 2018, the City Council made appointments to the TMAB, which held its first meeting on February 4, 2019, and have met from time to time since;
WHEREAS, the TMAB prepares an annual report specifying the expenses, services, activities, and programs to be funded by the assessment, in accordance with the requirements of Sections 36530 and 36533 of the California Streets and Highways Code, and upon TMAB's approval of the annual report, presents it to the City Council for the conduct of a public hearing on the assessments for the fiscal year referred to in the annual report; WHEREAS, the Area is known as the Tweedy Mile Business District which boundaries include Tweedy BoulevardbetweenthebeginningofthenortheasterlylineofLongBeachBoulevard Page I of 5
364
and easterly along said prolongation and southerly line to the intersection with the westerly line of Hunt Avenue;
WHEREAS, the City Council and the TMAB have determined that the Area benefits the businesses located and operating within the Area by generating revenue for businesses to improve the physical and financial health, social and cultural center of the City, and thereby enhances the City's community at large;
WHEREAS, the TMAB has conducted outreach to member businesses to formulate the Annual Report for Fiscal Year 2025/26, including the work plan, budget and fee assessment schedule that would be fair, reasonable and in compliance with the California Streets and Highway Code Section 36500 et. seq.;
WHEREAS, at its RegularMeetingofMay 5, 2025, theTMAB approvedtheAa'u'iual Report forFiscal Year 2025/26, specifying the expenses, services, activities, and programs to be funded by the assessments for Fiscal Year 2025/26;
WHEREAS, the continuation of the Area and the related levy of assessments will promote the economic revitalization ofthe downtown area ofthe City, create jobs, and attractnew businesses; in addition, the Area enhances and promotes the City, culturally and commercially; and WHEREAS, the City Council desires to conduct a formal Public Hearing on the Area's proposed levy assessments for Fiscal Year 2025/26.
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 are incorporated herein by reference.
SECTION 2. The City Council does hereby declare that the Area has not changed. The territorial boundaries in the Area are identified in the Area Map attached hereto as Exhibit "A" andmade apart hereof.
SECTION 3. Pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.), the City Council does hereby declareits intention to continue the levy and collect assessments within the Area for the purpose of marketing and promoting activities which will benefit the businesses located and operating within the Area for Fiscal Year 2025/26.
SECTION 4. The City Council does hereby declare that the type or types of improvements and activities proposed to be funded by the levy of assessments on businesses in the Area are in line with the "Improvements" and "Activities" permitted under Sections 36510 & 36513 of Streets and Highway Code, specifically: (a) "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to parking facilities, benches, trashreceptacles, street lighting, decorations,parks, and
365
fountains; and (b) "Activities" means, but is not limited to, promotion ofpublic events which benefit businesses in the area and which take place on or in public places within the area, furnishing of music in any public place in the area, promotion of tourism within the area and activities which benefit businesses located and operating in the area. Except where funds are otherwise available, an assessment will be levied aru'iually to pay for all improvements and activities within the Area.
SECTION5. Exceptwherefundsareotherwiseavailable,anassessmentwillbeleviedannuallyto pay for all improvements and activities within the Area.
SECTION 6. The TMAB's Annual Report for Fiscal Year 2025/26 is on file in the City Clerk's Office and contains a description of the improvements and activities to be provided, the boundaries of the Area, and the proposed assessments to be levied upon the businesses within the Area for the Fiscal Year 2025/26.
SECTION 7. The City Council does hereby give notice that a public hearing is hereby scheduled for the regularly scheduled City Council Meeting of June 24, 2025, at 6:30 p.m., at the City Hall Council Chambers or via Call-in Conference, to consider said assessments to be levied. At least 72 hours beforehand, the Dial-InNumber and Conference Code will be posted on the City's website at www.cityofsouthgate.org. During the public hearing, the City Council shall allow public testimony regarding the proposed assessments of businesses within the Area for the proposed work plan for Fiscal Year 2025/26.
SECTION8. Atthispublichearing,theCityCouncilshallhearandconsiderallprotestsagainstthe establishment of the assessment or the furnishing of specified types of improvements or activities within the Area. A protest against the assessments may be made orally or in writing by any interestedperson. Any protestpertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the City Clerk no later than 6:30 p.m., on June 24, 2025. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings.
A writtenprotest may be withdrawn from the record at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business, and its address. If the person signing the protest is not shown on the official records of the City as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any writtenprotest as to the regularity or sufficiency ofthe proceeding shall be in writing and clearly state the irregularity or defect to which objection is made.
Ifwrittenprotests are received from business owners in the proposed areawhich will pay 50 percent ormore ofthe assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent of business owners, no furtherproceedings to levy the proposed assessment, as contained in the resolution of intention, shall be taken for a period of one year from the date ofthe finding of amajority protest by the city council. If themajorityprotest is only against the furnishing of a specified type or types of improvement or activity within the area, those types of improvements or activities shall be eliminated.
366
At the conclusion of the public hearing to establish the assessment for the Fiscal Year 2025/26, the City Council may adopt, revise, change, reduce, or modi'fy the proposed assessment or the type or types of improvements and activities to be funded withtherevenues fromthe assessments. However, proposed assessments may only be revised by reducing any or all of them.
SECTION 9. Should the proposed annual assessment for Fiscal Year 2025/26 be approved by the City Council on June 24, 2025, the City Council does hereby declare its intention that all businesses pay their annual assessment when they obtain, renew or change their businesses license with the City.
SECTION 10. The City Council does hereby direct the City Clerk to mail a certified copy of this Resolution of Intention and a cover letter, advising that the City Council has been requested to set the Fiscal Year 2025/26 annual assessment as permitted under the California Streets and Highways Code, by mail to each business owner in tlie Area within seven days of the City Council's adoption ofthis Resolution ofIntention. The cover letter shall further advise ofthe Public Hearing scheduled for the regularly scheduled City Council Meeting of June 24, 2025, at 6:30 p.m., where the City Council shall allow oral and writtenpublic testimony from interested parties regardingtheproposed assessments of businesses within the Area. At the end of that public hearing, the City Council shall determine ifthere are sufficient protests equaling 50 percent ormore ofthe assessments proposed to be levied.
SECTION 11. The City Council does hereby direct the City Clerk to give notice of said public hearing by causing this Resolution of Intention to be published once in a newspaper of general circulation in the City of South Gate not less than seven days before the Public Hearing.
SECTION 12. The City Council does hereby welcome interested persons to contact Leticia Cueto Aguilar, Community Engagement Management Analyst, inthe City Manager's Office, at (323) 563- 9509 or at lcueto(2Jsogate.org, to receive additional information about the proposed assessments.
Protests in writing against the proposed assessments shall be mailed or delivered to: Yodit Glaze, City Clerk, 8650 California Avenue, South Gate, California, 90280 or to yglaze@,sogate.org, no later than 6:30 p.m., on June 24, 2025.
[Remainder of page left blank intentionally.]
/2
367
SECTION 13. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 27"' day of May 2025.
CITY OF SOUTH GATE:
By:
Maria Davila, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
B7:
Salinas, City Attorney
/3368
South Gate Municipal Code Chapter 2.64 PARKING AND BUSINESS IMPROVEMENT AREA
BUSINESS LICENSE
Attachment C
Chapter 2.64
PARKING AND BUSINESS IMPROVEMENT AREA BUSINESS LICENSE
Sections:
2.64.010
2.64.020
2.64.030
2.64.040
2.64.050
2.64.060
2.64.070
2.64.080
2.64.090
2.64.100
2.64.110
2.64.120
2.64.130
2.64.140
Creation.
Boundaries.
Delineation.
Uses and purpose.
Fund creation-Source of funds-Purpose.
Rate of levy of businesses.
Payment of tax.
Applicability of general business license provisions.
Payment prerequisite to license.
Tweedy Mile advisory board.
Membership.
Meetings.
Duties.
Staff representation.
2.64.010 Creation.
Pursuant to the Parking and Business Improvement Act Law of 1965, being Part 5 of Division 18 of the Streets and Highways Code of the State of California, Sections 36000 through 36081, there is established a parking and business improvement area business license area, which is hereinafter in this chapter referred to simply as "said area."
(Ord. 1129 § 2 (part), 1970)
2.64.020 Boundaries.
The boundaries of said area are specifically described as follows:
The South Gate Municipal Code is current through Ordinance 2022-07-CC, passed July 26, 2022. 369
South Gate Municipal Code Chapter 2.64 PARKING AND BUSINESS IMPROVEMENT AREA
BUSINESS LICENSE
All that property in the city of South Gate, bounded and described as follows:
Beginning at the intersection of the northeasterly line of Long Beach Boulevard as it existed on July 16, 1970 and the northerly line of Lot 86, Tract No. 4753, as shown on map recorded in Book 50, page 51 of Maps, in the office of the recorder of the county of Los Angeles; thence easterly along said northerly line to the northeasterly corner of said Lot 86; thence southerly in a direct line to the southeasterly corner of Lot 88, said Tract No. 4753; thence easterly in a direct line to the northwesterly corner of Lot 92, said tract; thence southerly in a direct line to the southwesterly corner of said Lot 92; thence southeasterly in a direct line to the northwesterly corner of Lot 94, said Tract No. 4753; thence southerly and easterly along the westerly and southerly lines of said Lot 94, to the southeasterly corner of said lot, which is also in the westerly line of Lot 8, Tract No. 12959, as shown on map recorded in Book 246, page 9, of Maps in the office of said recorder; thence southerly along said westerly line and its southerly prolongation to the centerline of the 20 foot vacated alley lying adjacent to and southerly of said Lot 8; thence easterly along said centerline and its easterly prolongation to an intersection with the easterly line of Madison Avenue (50 feet wide) shown on map filed in Book 12, page 14, of Record of Surveys, in the office of said recorder, being "Part of Lot 2, Subdivision of the Estate of Robert Tweedy Deceased"; thence northerly along said easterly line to the southwest corner of Parcel No. 26; thence easterly along the southerly line of said parcel to its southeast corner; thence northerly along the easterly line of said parcel and its northerly prolongation to an intersection with the southerly line of Missouri Avenue as it existed on July 16, 1970; thence easterly along said southerly line to an intersection with the westerly line of Deeble Street, as shown on map of Tract No. 5487, recorded in Book 59, page 5, of Maps in the office of said recorder; thence southerly along said westerly line to an intersection with the westerly prolongation of the southerly line of the first alley north of Tweedy Boulevard, as shown on map of said tract; thence easterly along said prolongation and southerly line to an intersection with the southerly prolongation of the easterly line of Lot 465, Tract No. 5248 as shown on map recorded in Book 56, page 41 of Maps, in the office of said recorder; thence northerly in a direct line to the northeast corner of Lot 484, said Tract No. 5248, which is also in the southerly line of said Missouri Avenue; thence easterly along said southerly line to the northeast corner of Lot 331, Tract No. 4701 as shown on map recorded in Book 52, page 14, of Maps in the office of said recorder; thence southerly in a direct line to an intersection with southerly prolongation of the easterly line of Lot 312, said Tract No. 4707, and the southerly line of the first alley north of Tweedy Boulevard; thence easterly along said southerly line to an intersection with the easterly line of Mallison Avenue as shown on map of Tract No. 6000, recorded in Book 65, pages 29 to 32 inclusive, of Maps in the office of said recorder; thence northerly along said easterly line to an intersection with the southerly line of said Missouri Avenue; thence easterly along said southerly line to an intersection with the westerly line of Otis Street as it existed on July 16, 1970; thence southerly along said westerly line to an intersection with the westerly prolongation of the southerly line of the first alley north of Tweedy Boulevard as shown on map of said Tract No. 6000; thence easterly along said prolongation and southerly line to an intersection with the westerly line of Hunt Avenue (50 feet wide), being also the northeast corner of Lot 921, said Tract No. 6000; thence southerly along said westerly line and its southerly prolongation to the southerly line of Tweedy Boulevard (80 feet wide); thence westerly along said southerly line and its westerly prolongation to an The South Gate Municipal Code is current through Ordinance 2022-07-CC, passed July 26, 2022. tr 370
South Gate Municipal Code Chapter 2.64 PARKING AND BUSINESS IMPROVEMENT AREA
BUSINESS LICENSE
intersection with the northerly prolongation of the westerly line of said Hunt Avenue; thence southerly along said prolongation and said westerly line to an intersection with the northerly line of the first alley south or said Tweedy Boulevard, being also a point in said westerly line that is 35 feet southerly of the southeast corner of Lot I Tract No. 3739 as shown on map recorded in Book '12, page 45 of Maps, in the office of said recorder; thence westerly along the said northerly alley line and its westerly prolongation to the southeast corner of Lot 2665, Tract No. 5772 as shown on map recorded in Book 65, page 49 of Maps, in the office of said recorder; which is also in the westerly line of San Gabriel Avenue as shown on map of said Tract No. 5772; thence southerly along said westerly line to the southeasterly corner of Lot 2672, said Tract No. 5772; thence westerly along the southerly line of said lot to its southwest corner; thence southerly in a direct line to the southeast corner of Lot 2648, said Tract No. 5772; thence westerly along the southerly line of said lot to its southwest corner, which is also in the easterly line of San Carlos Avenue as shown on map of said tract; thence northerly along said easterly line to an intersection with the easterly prolongation of the northerly line of the said first alley south of Tweedy Boulevard; thence westerly along said prolongation and northerly line to an intersection with the northerly prolongation of the easterly line of Lot 2284, said Tract No. 5772; thence southerly along said prolongation and easterly to the southeast corner of Lot 2259, said Tract No. 5772, said corner being also in the northerly line of Michigan Avenue, as shown on map of said Tract No. 5772; thence westerly along said northerly line to the southwest corner or Lot 2133, said Tract No. 5772; thence northerly in a direct line to an intersection with the said northerly line of the first alley south of Tweedy Boulevard, and the northerly prolongation of the westerly line of Lot 2108, said Tract No. 5772; thence westerly along said northerly line to the southwest corner of Lot 1916, said Tract No. 5772; thence southwesterly to the southeasterly corner of Lot 1783, said Tract No. 5772; thence westerly along the southerly lines of Lots 1783, 1782, 17al and 1780, to the southwest corner of said Lot 1780, which is also the southeast corner of Lot 1, Tract No. 4936, as shown on map recorded in Book 53, page 100 of Maps in the office of said recorder; thence westerly along the southerly lines of Lots 1 to 8 inclusive to the southwest corner of said Lot 8, which is also in the westerly boundary line of the city of South Gate; thence northerly and westerly along the said city boundary line to an intersection with the southeasterly prolongation of the northeasterly line of said Long Beach Boulevard thence northwesterly along said prolongation and northeasterly line to the place or beginning.
(Ord. 15 29 § 2 (part), 1970)
2.64.030 Delineation.
For purposes of graphic illustration, the boundaries of said area as described in Section are delineated on the map of said area entitled "Map Delineating Boundaries of Parking and Business Improvement Area" which is on file in the office of the city clerk.
(Ord. 1129 § 2 (part), 1970)
2.64.040 Uses and purpose.
The uses and purpose to which the revenue emanating from said area pursuant to and as a result of this chapter The South Gate Municipal Code is current through Ordinance 2022-07-CC, passed July 26, 2022. 371
South Gate Municipal Code Chapter2.64 PARKING AND BUSINESS IMPROVEMENT AREA
BUSINESS LICENSE
shall be put are any one or more of the following:
a. Decoration of any public place in the area;
b. Promotion of public events which are to take place on or in public places in the area; c. The general promotion of retail trade activities in the area. (Ord. 1129 § 2 (part), 1970)
2.64.050 Fund creation-Source of funds-Purpose.
There is hereby created and established a special fund designated as the "parking and business improvement area fund." All funds derived from the additional levy of the general business license tax made pursuant to this chapter, and any other moneys the city council may from time to time transfer thereto, shall be deposited in said parking and business improvement area fund. The parking and business improvement area fund shall be used exclusively for one or more of the purposes specified in Section . (Ord. 1129 § 2 (part), 1970)
2.64.060 Rate of levy of businesses.
The initial or additional rate or levy of the business license tax imposed upon the businesses within said area, is hereby fixed, levied, determined and established as follows:
That the amount of levy upon each such business shall be in an amount equal to the general business license tax applicable to each such business as specified and provided in the ordinances and resolutions of the city of South Gate as of the first day of January, 1971, but in no event shall said levy exceed the sum of four hundred dollars for any one licensee.
(Ord. 1148 § 1, 1971 : Ord. 1129 § 2 (part), 1970)
2.64.070 Payment of tax.
The additional rate or levy of the license tax hereby levied shall be due and payable and shall be paid at the same time and in the same manner that the business license tax imposed by Chapter 2.08 of this title is due and payable in accordance with the terms of this chapter.
(Ord. 1129 § 2 (part), 1970)
2.64.080 Applicability of general business license provisions.
The provisions of Sections 2.08.060, 2.08.085, 2.08.135, 2.08.195, 2.08.270, 2.08.295, 2.08.300, 2.08.335,
2.08.340, 2.08.350, 2.08.355, 2.08.375, 2.08.430, 2.08.440, 2.08.455, 2.08.460, and 2.08.470 shall be applicable to all businesses in the area described in Section 2.64.020 and subject to the additional levy of the general The South Gate Municipal Code is current through Ordinance 2022-07-CC, passed July 26, 2022. 372
South Gate Municipal Code Chapter 2.64 PARKING AND BUSINESS IMPROVEMENT AREA
BUSINESS LICENSE
business license tax imposed by Section .
(Ord. 1129 § 2 (part), 1970)
2.64.090 Payment prerequisite to license.
No business license shall be issued pursuant to this title unless the additional business license tax imposed by this chapter is paid together with the business license payable pursuant to and imposed by Section 2.64.050. (Ord. 1129 § 2 (part), 1970)
2.64.100 Tweedy Mile advisory board.
The city council shall appoint a Tweedy Mile advisory board pursuant to Section 36530 of the California Streets and Highways Code in order to make recommendations to the city council on the expenditure of revenues derived from the levy assessments on proposed improvements and activities and on the method and basis of levying assessments.
(Ord. 2286 § 1 (part), 9-27-2011 )
2.64.110 Membership.
The Tweedy Mile advisory board shall consist of five members each of which shall be appointed by a city council member. The members of the Tweedy Mile advisory board shall be appointed for staggered, three-year terms. (Ord. 2286 § 1 (part), 9-27-2011 )
2.64.120 Meetings.
1. The regular meetings of the Tweedy Mile advisory board shall be held not less frequently than once each calendar year, and otherwise as determined by the Tweedy Mile advisory board. The Tweedy Mile advisory board shall meet in the South Gate city council chambers.
2. The Tweedy Mile advisory board shall annually elect a chairperson and vice chairperson from among its members.
3. Three members of the Tweedy Mile advisory board constitute a minimum quorum for the transaction of business.
4. The affirmative vote of at least a majority of the then present members of the Tweedy Mile advisory board shall be necessary to take action.
(Ord. 2286 § 1 (part), 9-27-2011)
2.64.130 Duties.
The South Gate Municipal Code is current through Ordinance 2022-07-CC, passed July 26, 2022. 373
South Gate Municipal Code Chapter 2.64 PARKING AND BUSINESS IMPROVEMENT AREA
BUSINESS LICENSE
The duties of the Tweedy Mile advisory board are as follows:
1. The Tweedy Mile advisory board shall prepare an annual report specifying the expenses, services, activities, and programs to be funded by the assessment, in accordance of the requirements of Sections 36530 and 36533 of the California Streets and Highways Code. Upon approval of the annual report, the city council shall follow the procedures set forth in Section 36534 of the California Streets and Highways Code for the conduct of a public hearing on the assessments for the fiscal year referred to in the annual report.
2. The Tweedy Mile advisory board will work together with city staff to consider new business, to evaluate whether or not proposed solutions are viable and cost-effective, and to submit from time to time recommendations to the city council for review and approval.
3. To perform such duties and responsibilities as may be assigned by the city council from time to time. (Ord. 2286 el1 (part), 9-27-2011 )
2.64.140 Staff representation.
The city manager shall assign staff to ensure the effective functioning of the Tweedy Mile advisory board, including designating the secretary to the Tweedy Mile advisory board who shall be a city employee responsible for the preparation of all minutes of all meetings of the board, and the filing of the approved minutes with the city clerk. The minutes shall include a record of board member attendance, a brief summary of presentations made if any, actions taken by the Tweedy Mile advisory board, and the vote of each member on any item upon which action is taken. Minutes need not be verbatim transcripts of the conduct of the meetings, but should be sufficient to adequately characterize the discussions, deliberations and actions taken. (Ord. 2286 § 1 (part), 9-27-2011)
The South Gate Municipal Code is current through Ordinance 2022-07-CC, passed July 26, 2022. 374
Office of the
South Ga(e City Clerk Item No. 5
MAY22"'025 F!LED 10"!S' Cid of South Gate
CITY COUNCIL
AGENDA BULL
For the ar Meeting o'f: May 27, 2025
'rausto RobHouston
SUBJECT: AMENDMENT NO. I TO CONTRACT N0. 2024-96-AC WITH
HINDERLITER DE LLAMAS & ASSOCIATES FOR BUSINESS LICENSE
ADMINSITRATION AND BUSINESS LICENSE DISCOVERY/COMPLIANCE
SERVICES
PURPOSE: To approve Amendment No. I to Contract No. 2024-96-AC ("Amendment No. 1") with Hinderliter De Llamas & Associates for Business License Administration and Business License Discovery/Compliance Services.
RECOMMENDED ACTIONS: The City Council will consider:
a, Approving Amendment No. 1 to Contract No. 2024-96-AC with Hinderliter De Llamas & Associates ("Agreement"), through December 31, 2027, for Business License Administration and Business License Discovery/Compliance Services to add business license permit administration services, with an estimated additional annual cost of $6,000, and a one-time $1,500 implementation fee;
b. Appropriating$7,500fromtheGeneralFundbalancetoexpenditureaccountnumberlOO302-12-6101 (Professional Services) to fiind the Business License Administration and Business License Discovery/Compliance Services; and
c. Authorizing the Mayor to execute Amendment No. 1 in a form acceptable to the City Attorney.
FISCAL IMPACT: The additional services to be provided under Amendment No. 1 to the Agreement for Business License Administration and Business License Discovery/Compliance services were not included in the Adopted FY 2024-25 Budget. The appropriation in the amount of $7,500 would be funded by General Fund balance for fiscal year 2024-25. The fiscal impact will be offset by a significant reduction in operational costs due to savings in the Business License division salaries and benefits budget.
ANALYSIS: None
BACKGROUND: The Administrative Services Department is currently in transition to utilize Hinderliter De Llamas & Associates to provide Business License Administration and Business License Discovery/Compliance services. The original agreement approved in December 2024 I
375
provided professional services to administer new business license applications, renewals, and compliance functions.
The department desires to add business license permit administration to the services Hinderliter De Llamas & Associates is to provide. Hinderliter De Llamas & Associates have extensive knowledge, expertise, and resources in business license administration which can provide the City of South Gate with administration tools unavailable to staff. Amendment No. 1 will bring the total estimated cost of the Agreement to $57,500 as shown below.
Contract with
Hinderliter De Llamas
& Associates
Date Approved Term Ending Amount Cumulative
Contract
Total
Contract No. 2024-96-AC December 10, 2025 December 31, 2027 $50,000 $50,000 Amendment No. 1 May 27, 2025 December 31, 2027 $7,500 $57,500 ATTACHMENTS: A. Proposed Amendment No. 1 (including Exhibit A) B. Contract No. 2024-96-AC*
*Each document is available for review through the City Clerk's Office. 2 376
Amendment No. l
to Contract No. 2024-96-AC
AMENDMENT NO. I TO CONTRACT N0. 2024-96-AC FOR BUSINESS
LICENSE ADMINSITRATION AND BUSINESS LICENSE
DISCOVERY/COMPLIANCE SERVICES BETWEEN THE CITY OF
SOUTH GATE AND HINDERLITF,R DE LLAMAS & ASSOCIATES, INC.
This Amendment No. 1 to Contract No. 2024-96-AC for Professional Business License Administration and Business License Discovery/Compliance Services ("Agreement") is made and entered into on May 27, 2025, by and between the City of South Gate, a municipal corporation ("City"), and Hinderliter De Llamas & Associates, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, on December 10, 2024, the City Manager approved Contract No. 2024-96-AC with Consultant ("Agreement") for Professional Business License Administration and Business License Discovery/Compliance Services, in the amount of Seventeen Dollars ($17.00) for each processed business license; and
WHEREAS, City and Consultant desire to execute Amendment No. 1 to the Agreement for Professional Business License Administration and Business License Discovery/Compliance Services, in an amount of Twenty Donars ($20.00) per processed business permit and a one-time One Thousand Five Hundred Dollars ($1,500.00) Implementation Fee, under the terms and conditions of the Agreement and Amendment No. 1.
NOW, THEREFOR, 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 total amount of compensation for the Agreement and Amendment No. 1 are listed in the table below and are subject to increases based on the Consumer Price Index for All Urban Consumers, West Region in accordance with the Agreement.
SERVICE COMPENSATION
Business License Administration $17.00 per processed business license account
3 377
Amendment No. l
to Contract No. 2024-96-AC
Business License Compliance Services
Discovery of Unlicensed Business:
40% of revenue collected
Audits: 40% of revenue collected
Delinquent Collections: 25% of
collections
Business License Permit
Administration $20.00 per processed account
Business License Administration,
Discovery/Compliance
Implementation Fee
$5,000.00
Business License Permit
Implementation Fee
$1,500.00
City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to the Agreement and Amendment 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.
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.
1.2.3 All decisions regarding resolution of any collection dispute shall require prior City approval firom the City Manager or his designee.
1.3 TERM OF AGREEMENT. This Agreement will remain in effect through December 31, 2027, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
EFFECT OF AMENDMENT. Except as expressly amended herein, all other terms and conditions of the Agreement and its Amendments, Attachments 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.
3. CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT. In accordance with California SB1439 extended requirements under Goveri'iment Code Section 84308, also known as the "Levine Act," a disclosure must be filed of political contributions totaling more tlian two hundred fifty dollars ($250) within tlie previous twelve (12) montlis, and for three (3) months following tlie date a final decision is made to award an agreement.
Therefore, tlie City reqriires tliat Consultant fill out tlie Califoniia Levine Act Disclosure Statement forin available on the City website and submit it to the City Clerk's Office prior to tl'ie approval of tliis Amendment.
378
Amendment No. I
to Contract No. 2024-96-AC
IN WITNESS WHEREOF, tlie Parties l'iereto have carised this Arnendment No. I to be executed and attested by their respective officers liereunto duly autliorized.
CITY OF SOUTH GATE:
By:
Maria Davila, Mayor
Dated:
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVE AS TO FORM:
B7: RaulflX!n!s!':Attorney
CONSULT ANT:
HINDERLITER DE LLAMAS &
ASSOCIATES:
BY:
Josliua Davis, Vice President of Tax &
Fee Administration
Dated:
t; 379
Exhibit A
714.879.5000
Hdi9 Companies
120 S. State Blvd ,
Fax 909.861.7726
Suite 200
Brea, CA 92821
888.861.0220
www.hdlcompanies.com
Statement of Work (SOW)
City of South Gate, CA - May 6, 2025
Project Summary
The City of South Gate, California (Client) is a client of HdL"s Business License Administration and Compliance Services. The City now desires to expand services to include Business License Permit Administration Service.
Scope of Work to Administer Business License Permits
* HdL (Consultant) will establish a web portal for businesses to submit a new application, renewal, or pay a balance due for a business license permit.
* Consultant will prepare a business license permit workflow for the Client's review and approval. * Consultant and Client will mutually agree upon any process expansion or revisions. @ Consultantwillalsosetupabusinesslicensepermitaccountfornewbusinessesaccordingtothebusinesslicense permit workflow and when notified by the Client a business license permit is required. @ Consultant will send a renewal notice to each existing business license permit each year unless informed, in writing, by the Client that a business license permit is no longer authorized for a particular business or businesses. * This notice must be received by Consultant at least 60 calendar days before the renewal notices are scheduled to be sent. Otherwise, Consultant is authorized to send renewals to any existing business license permit for which Client has not sent written notice in time.
* Consultant's business license permit service does not include any regulatory reviews or authorizations of the business.
@ Consultant's business license permit scope of service is limited to providing renewal notices and forms, gathering information as requested by the Client, providing that information to the Client for review, and issuing a certificate evidencing payment. Any additional processes or responsibilities will be mutually agreed upon by Client and Consultant.
* Permit scope of service does not include any enforcement activities by Consultant.
Costs
Implementation Fee Sl,500.00
Administration Fee S20.00per processed business license permit o A processedbusinesslicensepermit iseither anypermit for whichanapplicationor renewal/return was processed or an active permit which was sent a renewal notice.
Requirements
* Client must provide Consultant with a list and examples of any additional documentation that Client requests Consultant collect for each permit and forward to any Client department for review during the permit process.
South Gate SOW - Business License Permit Admin HdL Companies Page1 of 2 380
* ClientmustprovideHdLwith alistof departmentsthat requirereviewofthe permit applications/renewals such as Code Enforcement or Police, etc.
Timeline
Thetimelinefor the specifiedwork shallbe discussedandagreedto by and between Client's Project Manager and Consultant's Project Manager.
CITY OF SOUTH GATE HdL COMPANIES
Signature:
Name:
Title:
Date:
Signature:
Name:
Title:
Date:
Bret Harmon
Director of Client Experience
May 6, 2025
HdL Companies Page 2 of 2
South Gate SOW - Business License Permit Admin
381
Office ol the
aouth Gate City Clerk
Item No. 6
MAY22 W}
FILED City of South Gate
[[.'2'/atH
CITY COUNCIL
AeENJDA aI[LL
Department Director:
For the Regular Meeting of: May 27, 2025
Ori i igDepent: Public Works ah
I ,
')1a ': % Citv Manager:
Cervantes RobHouston
SUBJECT: AGREEMENT WITH SUPERIOR PAVEMENT MARKINGS, INC. FOR
THE CONSTRUCTION OF THE THERMOPLASTIC STRIPING OF STREETS CITYWIDE PROJECT PHASE II, CITY PROJECT N0. 735-ST
PURPOSE: To award an Agreement to Superior Pavement Markings, Inc. for the construction of the Thermoplastic Striping of Streets Citywide, Phase II, City Project No. 735-ST ("Project").
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an Agreement with Superior Pavement Markings, Inc. ("Agreement"), for the construction of the Thermoplastic Striping of Streets Citywide Project Phase II, City Project No. 735-ST, in an amount not-to-exceed $94,511 ; b. Authorizing the Mayor to execute the Agreement in a fornn acceptable to the City Attorney;
c. Authorizing the City Manager to execute change order in the amount of $37,400 for additional striping of streets citywide;
d. Declaring the Thermoplastic Striping of Streets Citywide Project Phase II, City Project No, 735-ST, categorically exempt under Title 14 of the California Code of Regulations, Section 15301 of the California Environmental Quality Act ("CEQA"); and e. Approving the Notice of Exemption for the construction of the Thermoplastic Striping of Streets Citywide Phase II, City Project No. 735-ST and directing the City Clerk to file it with the Los Angeles County Registrar Recorder's Office.
FISC AL IMP ACT: There is no impact to the General Fund. The proposed Agreement is in the amount of $94,511 and it will be funded with Proposition C Funds budgeted in the Fiscal Year 2024/25 Capital Improvement Program with $180,000 in Proposition C Funds, which will be expended as summarized below.
Pro,iect Services Proposition C
Construction Agreement $94,511
Construction Management and Inspection $25,000
Contingency $55,489
Staff Time (Pro.iectManagement and Field Operations) $5,000 Total $180,000
1 382
ANALYSIS: The proposed Agreement was procured through a formal, publicly advertised competitive bid process in accordance with the City's purchasing policies and applicable public contracting regulations. All bidders were evaluated for responsiveness-completeness of their submissions, adherence to the bid specifications, and compliance with all mandatory requirements-and for responsibility, including demonstrated experience, financial stability, and safety record. The award criterion focused solely on the lowest Base Bid ai'nount submitted by a responsible and responsive firm.
Following bid opening and evaluation, Superior Pavement Markings, Inc. emerged as the lowest responsible and responsive bidder, offering the most cost-effective solution at a Base Bid of $94,511. Their proposal met all technical specifications for materials, application methods, and project timeline, and their past performance on comparable thermoplastic striping contracts underscores their capacity to deliver high-quality results. Consequently, staff recommends that the Agreement be awarded to Superior Pavement Markings, Inc. in the amount of $94,511 for the timely and cost-efficient completion of the Citywide striping project.
BACKGROUND: The City's roadway network has over 125 miles of streets. The street pavements are marked with striping road lanes, pavement legends and crosswalks that require thermoplastic material. A comprehensive field survey of major streets citywide identified faded and deteriorated condition of striping and pavement markings on the streets selected for this project. Attachment C shows the locations where work will be perfornned, noting a noteworthy amount of work will be performed on Southern Ave and State Street.
The proposed project will reapply durable thermoplastic striping citywide-refreshing lane lines, legends, and crosswalks-to restore high-visibility pavement graphics and significantly enhance both driver awareness and pedestrian safety. In addition, the long-lasting properties of thernnoplastic materials will reduce maintenance frequency and lower lifecycle costs over the next seven to ten years.
An Agreement is necessary to start construction. On February 20, 2025, staff advertised the Notice Inviting Bids for construction on Planet Bids. The Project was also advertised on the City's website. On March 13, 2025, the City held a bid opening at the City Clerk's Office. Five bids were received and Superior Pavement Markings, Inc. provided the lowest bid in the amount of $94,511. The engineer's estimate is $157,700. After completion of the bid analysis, Superior Pavement Markings, Inc., was confirn'ied to be the lowest responsible bidder, and their bid was confirmed to be responsive.
Staff checked the contractor's references. Having been in existence as a general contractor for 25 years, Superior Pavement Markings, Inc., has the necessary experience to perform the work required for the Project. Superior Pavement Markings, Inc. has successfully completed similar projects for the Cities of San Dimas, Arcadia and Irvine.
Pursuant to the guidelines of the California Environmental Quality Act ("CEQA"), the Project was categorically exempt under Title 14 of the California Code of Regulations, Existing Facilities Section 15301 Class (c): Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
2 383
Construction of the Project is scheduled to begin in June 2025 and be completed in July 2025.
ATT ACHMENTS: A. Proposed Agreement
Notice of Exemption
Location Map
Bid Matrix
JL:lc
384
Attachment A
AGREEMENT FOR THE THERMOPLASTIC STRIPING OF STREETS
CITYWIDE PROJECT, PHASE II, CITY PROJECT N0. 735-ST BETWEEN THE CITY OF SOUTH GATE AND SUPERIOR PAVEMENT MARKINGS, INC.
This Agreement for the Thermoplastic Striping of Streets Citywide Project, Phase II, City Project No. 735-ST ("Agreement"), is made and entered into on May 27, 2024, by and between the City of South Gate, a municipal corporation ("City"), and Superior Pavement Markings, Inc., a California corporation, License No. 776306 ("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 Thermoplastic Striping of Streets Citywide Project, Phase II, City Project No. 735-ST.
Said work shall be performed in accordance with the Plans, Specifications, and other Contract Documents, all of which are referenced in Article III hereof and incorporated herein as though fully set forth. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be 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 Ninety Four Thousand Five Hundred Eleven Dollars ($94,511) set forth in the Bid Schedule(s) that are included among the Contract Documents. Said sum shall constitute paymerit in full for all work performed 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. 385
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 Fornns for Check or Bond, this Agreement, the Worker's Compensation Insurance Certificate, the Performance Bond, the Warranty 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 subconsultants, their respective officers, agents, employees (collectively the "Indemnified 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, firm, corporation or property for damage, injury, death arising out of or connected with the Contractor's obligation to indemnify, defend and save harmless the "Indemnified Parties" as stated hereinabove including, but not be limited to, paying all legal fees and costs incurred in connection with any such claims, 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 commence 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 Twenty (20) working 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. 386
ARTICLE VI
EFFECTIVE DATE
This Agreement shall become effective and commence on May 27, 2025.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
By:
Maria Davila, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
Salinas, City Attorney
SUPERIOR PAVEMENT MARKINGS, INC.:
By:
Robert Garcia, Vice President
Dated:
387
WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 AND 1861.
I am aware of the provisions of Section 3700 of the Labor Code which 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 commencing the performance of the work of this Contract.
DATED:
SUPERIOR PAVEMENT MARKINGS,
INC.
Contractor
B37:
Robert Garica
Vice President
Title
ATTEST:
BY:
Signature
Title
7388
INDEMNIFICATION AND LIABILITY INSURANCE REQUIREMENTS
The following requirements must be met when submitting insurance certificates to the City of South Gate in connection with Public Works and other projects:
The insurance certificate must be issued to the City of South Gate, 8650 California Avenue, South Gate, CA 90280, attention of the City Engineer.
The 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 201011 85, 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 performance 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 Commercial 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 furnished by the Contractor. 389
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project which is the subject of this Agreement and the location where work thereunder is to be performed, or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer'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 selfinsured 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 performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy.
2. For any claims related to the project that is the subject of this Agreement, the Contractor's insurance coverage shall be 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. 390
Course of construction policies shall contain the following provisions:
1. The City shall be named as loss payee.
2. The insurer shall waive all riglits of subrogation against the City.
Acceptability of Insurers
Insurance is to be placed with insurers with 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 amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work cornrnences. 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 indemnify, hold hannless 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 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, firm, corporation or other entity, or property for damage, injury, death arising out of or coru'iected with the Contractor's obligation to indemnify, defend and save harmless 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 connection with any such claims, losses, lawsuits or actions. THIS PROVISION SHALL
SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE PROVIDED UNDER THIS AGREEMENT.
/D391
THERMOPLASTIC STRIPING OF STREETS CITYWIDE PROJECT, PHASE II, CITY PROJECT N0. 735-ST
FAITHFUL PERFORMANCE BOND
100% OF CONTRACT AMOUNT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of South Gate ("City" herein) has awarded to Superior Pavement Markings, Inc., ("Contractor" herein) a Contract for:
THERMOPLASTIC STRIPING OF STREETS CITYWIDE PROJECT, PHASE II, CITY PROJECT N0. 735-ST; and
WHEREAS, said Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we, Contractor and as Surety,
are held and firmly bound unto the City in the penal sum ofNinety Four Thousand Five Hundred Eleven Dollars ($94,511) lawful money of the United States, for the payment of which we bind ourselves, ourheirs, successors, executors and administrators, jointly and severally, firmly 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 perform 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 maru'ier therein specified, and in all respects according to their 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 terms 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.
392
Note: All signatures must be acknowledged before a notary public. Attach appropriate acknowledginent.
SUPERIOR PAVEMENT MARKINGS,
INC.:
By:
Robert Garica
Title: Vice 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:
Rail F. Salinas, City Attorney
/2393
THERMOPLASTIC STRIPING OF STREETS CITYWIDE PROJECT, PHASE II, CITY PROJECT N0. 735-ST
100% PAYMENT BOND
WHEREAS, the City of South Gate, South Gate, California ("City" herein), has awarded to Superior Pavement Markings, Inc., ("Contractor" herein) a Contract for the work described as follows:
THERMOPLASTIC STRIPING OF STREETS CITYWIDE PROJECT, PHASE II, CITY PROJECT N0. 735-ST
WHEREAS, said Contractor is required to furnish a bond in coru'iection 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 firmly bound unto the City in the sum of Ninety Four Thousand Five Hundred Eleven Dollars ($94,511) 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 performed 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 ormodification of the Contract Documents or ofwork to be performed thereunder.
IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Contractor and Surety on , 2025.
/3394
Note: All signatures must be acknowledged before a notary public. Attach appropriate acknowledgment.
CONTRACTOR:
Superior Pavement Markings, Inc.
B7:
Robert Garcia
Title: Vice President
(Type address of Contractor)
(Type name of Surety)
(Type address of Surety)
B7:
(Signature of authorized officer)
(Title of officer)
AJ'PROVED AS TO FORM:
Raul F. Salinas, City Attorney
395
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
EACH AWARDEE OF A PRINCIPAL CONTRACT
ST ATE OF CALIFORNIA
COUI%TTY 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, communication 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 information 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 , 2025.
Notary Public
(Attach Notary Certificate)
if 396
Notice of Exemption
To: Office of Planning and Research
P.0. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: LosAngeles
12400 E. Imperial Hwy
Norwalk, CA 90650
Attachffi
Appendix E
From:(Public Agency): CityofSouthGate
Public Works Department
8650 California Avenue, South Gate, CA 90280-3075
(Address)
projecIJj71e:Therm0plaSialCE)tT'lpalngOfSireeiSC'lt)/VValdePrOJ'eCt,PhaSellCli7PrOjeC(NO-735'ST Project Applicant: CityofSouthGate
Project Location - Specific:
Streets located citywide.
Project Location - City: Sou'hGa'e Project Location - County: loSAngeles Description of Nature, Purpose and Beneficiaries of Project:
The project involves the re-striping of existing crosswalks, limit lines and pavement markings with thermoplastic citywide.
Name of Public Agency Approving Project: C"yofSou'hGa'e Name of Person or Agency Carrying Out Project: C'yofSou'hGa'e Exempt Status: (check one):
0 Ministerial(Sec.2l080(b%1);15268);
[] Declared Emergency (Sec. 21080(b%3); 1 5269(a));
€ Emergency Project (Sec. 2'l080(b)(4); 15269(b%c));
[x Categorical Exemption. State type and section number: Sec"on153o' Class1(d) € Statutory Exemptions. State code number:
Reasons why project is exempt:
The work falls under the category of restoration of damaged traffic signal poles and traffic signal equipment.
Therefore, this project qualifies for a Categorical Exemption Section 15301 Class 1 (d) under existing facilities and has no significant effects on the environment.
Lead Agency
Contact Person: JoseLoe'a Area Code/T elephone/Extension: 323-563-9578 If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project?, [x Yes € No Signature: Date:
[x Signed by Lead Agency € Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
Title: ACM/DPW
Date Received for filing at OPR:
Revised 2011
397
CffY OF HUNTIN(;TON PARX
F l- G
STREET DIRECTORY
CITY OF SOUTH GATE
SEPTEMBER 2019
AREA OF CITY = 7.49 SQ. MILES
CITYOFCUDAFff
Rtit.}ONAL
SHCPPlNCi
SCALE
1" : 20
Pa'
:S CITYOFBELL CARDENS
A i R
CITY OF LYNWOOD
T') i E
WORK LOCATIONS
LOCATION N0. 1 - ALL STRIPING/PAVEMENT MARKINCS ON STATE ST LOCATION NO. 2 - cuosswms gonc OTIS ST @
LOCATION N0. 3 - CROSSWALKS/PAVEMENT MARKIN(,S FOR BIKE PATH (RESIDENTIAL ST) ON SOUTHERN AVE @ LOCATION NO. 4 - cnossws AT VARIOUS LOCATIONS @
LEGEND
CITY BUII.DINGS
CITY PARKS
WlnKNIliLE
G H T
398
ENGINEER'S ESTIMATE CHRISP COMPANY
NO. , ITEMDESCRIPTION QUANTITY UNIT tJNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE 1 Install Caltrans Detail 9 12340 LF $ 4.00 S 49,360.00 $ 1.10 $ 13,574.00 $ 1.10 2 Install Caltrans Detail 22 6300 LF $ 5.00 $ 31,500.00 S 2.50 !H 15,750.00 $ 2.35 3 Install Caltrans Detail38 200 LF $ 5.00 $ 1,000.00 $ 3.00 $ 600.00 $ 5.00 4 Install Pavement Markings/Legends 1,700 SF $ 15.47 $ 26,295.60 $ 9.75 $ 16,575.00 S 20.00 5 Install 24-inch Wide Yellow Line Per City Standards 400 LF $ 10.30 $ 4,120.00 $ 12.50 $ 5,000.00 $ 10.00 6 Install 12-inch Wide White Limit Line or Crosswalk Per Caltrans Standard Plans 6,340 LF $ 6.00 $ 38,040.00 $ 7.50 $ 47,550.00 $ 5.00
7 Install 12-inch Wide Yellow Limit Line or Crosswalk Per Caltrans Standard Plans
860 LF S 6.00 $ 5,160.00
$ 7.50 $ 6,450.00 $ 5.00
8 Removal of conflicting themioplastic complete 320 ST S 7.00 $ 2,240.00 S 17.50 S 5,600.00 $ 10.00
THERMOPLASTIC STRIPING OF STREETS CITYW
CITY PROJECT N0. 735ST
Bm MATRIX
TOTAL $ $ 157,715.60 111,099.00
399
DE
DATE:
BY:
3/1 3/2025
JL
WGJ ENTERPRISES SUPERIOR PAVEMENT GS TORO Eh-TERPRISES, INC TOTAL tJNIT PRICE TOTAL tJNIT PRICE TOTAL UNIT PRICE TOTAL $ 13,574.00 $ 0.98 $ 12,093.20 $ 1.45 $ 17,893.00 $ 0.83 S 10,242.20 $ 14,805.00 $ 1.80 $ 11,340.00 $ 2.80 $ 17,640.00 $ 2.25 S 14,175.00 $ 1,000.00 $ 2.00 $ 400.00 $ 5.00 $ 1,000.00 S 2.50 S 500.00 $ 34,000.00 $ 22.35 $ 37,995.00
y'h-ml- +s-#00 vae_taa-l
ts______,.6a,,
ff )- aa-.a'aa'*ii=i --aa _a ___- _ _ _} .-_++akej- 4
.$._,, - .,:,.,,,,... -,_,_.21i658iQj $ 12.50 $ 21,250.00 $ 4,000.00 S 10.00 $ 4,000.00 S 8.00 $ 3,200.00 $ 11.00 $ 4,400.00 $ 31,700.00 $ 6.00 $ 38,040.00 S 3.80 $ 24,092.00 $ 6.40 $ 40,576.00 $ 4,300.00 $ 6.00 $ 5,160.00 $ 3.80 S 3,268.00 $ 6.40 $ 5,504.00 $ 3,200.00 $ 15.00 S 4,800.00 $ 18.00 $ 5,760.00 $ 5.00 $ 1,600.00 s ' gq,sii.ool
i,a:=.;jQial;;,'I,'. ti..':J.:-J' -allJ@%'8"2a4,O'0':
400
0+fic.e of ths
Soull'i Gate City Clerk
7025 City qfSouth Gate
CITY COUNCIL
FILED
Item No. 7
AGENDA BULL
For the Regular Meeting of: May 27, 2025
Originating Department:
DepartmentDirector: k A""-' CityManager:
Darren Arakawa
(.!L Rob Houston
SUBJECT: LEASE AGREEMENT WITH LEASE SERVICING CENTER, INC., DBA
NCL GOVERNMENT CAPIT AL FOR ONE VEHICLE FOR THE POLICF,
DEPARTMENT PARKING ENFORCEMENT
PURPOSE: To receive approval for a Lease Agreement with Lease Servicing Center, Inc., dba NCL Governrnent Capital to replace aging Parking Enforcement vehicles for the Police Department and lease one 2025 Ford Maverick vehicle.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving a 5-year Lease Agreement with Lease Servicing Center, Inc. dba NCL Government Capital ("NCL") for the lease of one 2025 Ford Maverick vehicle to be used as a Parking Enforcement vehicle for the Police Department in the amount of $7,785 per year for a total amount of $39,425, including a $500 closing fee; b. Approving lease payments in the amount of $7,785 to be budgeted annually for five (5) years in the General Fund starting in Fiscal Year 2024/2025 and a $500 closing fee in Fiscal Year 2024/2025;
c. Approving a Purchase Order Agreement with Cornrnline Inc., for the purchase and installation of necessary emergency equipment and MDC to outfit the Parking Enforcement vehicle in the amount of $14,035; and
d. Authorizing the Mayor to execute the lease Agreement and any other documents that may be necessary to acquire the vehicles in a form acceptable to the City Attorney.
FISCAL IMPACT: Funds for this purchase were included in the Fiscal Year ("FY") 2024/25 General Fund Budget (Account #100-505-21-6310) for the first aru'iual lease payment of $8,285, inclusive of the $500 closing fee. Funds for the cost of purchasing and installing all the necessary equipment were included in the 2024/25 Capital Asset & Equipment Replacement Fund (Account #523-505-21-9003). The remaining four annual lease payments will be in the amount of $7,785 and will be funded through the General Fund (Account #100-505-21-6310) for a 5-year total amount of $39,425.
ANALYSIS: This lease agreement was explored to allow the Police Department to procure vehicles for use by Parking Enforcement personnel. A 2007 Ford Escape (Unit 126) will be replaced if the lease agreement is approved. Unit 126 had to be removed from service in 2024 due to significant mechanical issues that could not be repaired due to discontinued replacement parts. 401
BACKGROUND: The City of South Gate ("City") researched procurement options for fleet vehicles and discovered that other agencies had completed open, fair, transparent, and competitive procurement processes, complying with bid requirements set forth by our Municipal Code. The City reviewed the contract options and determined that the Sourcewell Master Vehicle contract #01 1620-NCL with Lease Servicing Center, Inc., dba NCL Government Capital, provided the best value to the City. South Gate Municipal Code Section 1.54.510(D) provides an alternative procurement method by permitting the City to purchase or otherwise obtain services, supplies, materials, equipment, and labor with other agencies through cooperative contracts (piggybacking). This alternative procurement method can save time and reduce costs through economies of scale by purchasing under existing contracts from different agencies on a voluntary and selective basis.
ATTACHMENTS: A. Proposed Lease Agreement
B. Quote for 2025 Ford Maverick
C. Quote for Cornmline, Inc.
402
Attachment A
NCLGovernment
Capltali
City of South Gate
8650 California Ave.
South Gate, CA 90280
Enclosed you will find finance documentation for your recent equipment purchase.
Please review, sign, and date all the enclosed documents. Be sure to completely list your insurance information. Do not alter documents in any way.
Please return the following items to my attention:
g Exhibit A - Description of Equipment
a Exhibit B - Schedule of Payments
a Exhibit E - Lessee Resolution
a Exhibit F - Bank Qualified Certificate
a Exhibit G - Agreement to Provide Insurance
a Exhibit H - Lessee Certificate
a Notice of Assignment and Letter of Direction
a Internal Escrow Letter
a Lease Payment Instructions
g Exhibit C-1 - Payment Request and Partial Acceptance Certificate a Exhibit C-2 - Final Acceptance
a 8038-GC
Copy of Tax Exempt Certificate (please provide if applicable) Include in the return documentation a check in the amount of $500.00 made payable to Lease Servicing Center, Inc. dba NCL Government Capital. This is the one-time documentation & processing fee of $500.00.
Please call me at 320-763-7600 with any questions you may have and thank you for your business. We hope to continue to work with you for many years to come. Please let us know if we can be of any assistance in the future! Sincerely,
Ee=e E=tw
Enclosures
3 403
EXHIBIT A
DESCRIPTION OF EQUIPMENT OF LEASE AGREEMENT
RE: Master Lease Purchase Agreement dated as of between Lease Servicinq Center, Inc. dba NCL Government Capital (Lessor) and City of South Gate (Lessee) and Schedule No. QQ§ thereto dated as of -2025.
Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable:
Quantify
1 VIN #/Serlal Number Type, Make, Model
2025 Ford Maverick XL SuperCrew
EQUIPMENT LOCATION Complete only if equipment will not be located at Lessee's address BILLING ADDRESS: 8650 California Ave.
South Gate, CA 90280
GARAGING ADDRESS: 8620 California Ave.
South Gate, CA 90280
Lessee authorizes Lessor or its assigns to insert or modify, if needed, the Vehicle Identification Number ("VIN"), or Serial Number, in the above description of the Equipment to correspond to the final delivered and accepted Equipment as shown on the respective invoice or other supporting documents.
Lessee: City of South Gate Lessor: Lease Servicing Center, Inc. dba NCL Government Capital
By: B7:
Typed: Maria Davila Print:
Title: Mayor Title:
Date: Date:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPR VED
By: i $
I F. Salinas, City Attorney
A
404
EXHIBIT B
Interest Rate = 7.609%
Amount Financed = $3al,405.26
Start Date = 4/30/2025
Number Date
1 2
3 4
5 4/30/2026
4/30/2027
4/30/2028
4/30/2029
4/30/2030
SCHEDULE OF PAYMENTS
Schedule 005
Payment Interest Principal Purchase OPitOn*
$7,784.75
$7,784.75
$7,784.75
$7,784.75
784.75
$2,389.61
$1,979.10
$1,537.35
$1,061.99
$550.44
$5,395.14
$5,805.65
$6,247.40
$6,722.76
$7,234.31
N/A
$21,295.51
$14,710.75
$7,624.96
$0.00
"Assumes that all rental payments and other amounts due on and prior to that date have been paid.
Lessee: City of South Gate
BY:
TYPED: Maria Davila
TITLE: Mayor
DATE: .
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
B!/:
F. Salinas, City Attorney
B
405
EXHIBIT E
LESSEE RESOLUTION
Re: Master Lease Purchase Agreement dated as of , between Lease Servicing Center, Inc. dba NCL Government Capital (Lessor) and City of South Gate (Lessee) and Schedule No. 005 thereto dated as of April 30, 2025.
At a duly called meeting of the Governing Body or the Lessee (as defined in the Agreement) held on ,20ffl thefollowingresolutionwasintroducedand adopted:
BE IT RESOLVED by the Governing Body of Lessee as follows:
1. Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment described on Exhibit A of Schedule No. 005 to the Master Lease Purchase Agreement dated as of , between City of South Gate (Lessee) and Lease Servicinq Center, Inc. dba NCL Government Capital (Lessor).
2. Approval and Authorization. The Governing Body of Lessee has determined that the Agreement and Schedule, substantially in the form presented to this meeting, are in the best interests of the Lessee for the acquisition of such Equipment, and the Governing Body hereby approves the entering into of the Agreement and Schedule by the Lessee and hereby designates and authorizes the following person(s) to execute and deliver the Agreement and Schedule on Lessee's behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Agreement, necessary to the consrimmation or the transaction contemplated by the Agreement and Schedule. City of South Gate is authorized to enter the lease/purchase financing with Lease Servicing Center, Inc. dba NCL Government Capital to finance their (1) 2025 Ford Maverick XL SuperCrew from National Auto Fleet Group in the amount of $31,405.26 with 5 annual payments of $7,784.75.
Authorized Individual(s): Maria Davila - Mayor
(Printed or Typed Name and Title of individual(s) authorized to execute the Agreement)
3. Adoption of Resolution. The signatures below from the designated individuals from the Governing Body of the Lessee evidence the adoption by the Governing Body of this Resolution.
By:
(Signature of Secretary, Board Chairman or other member of the Governing Body) Print Name I rNs'.
(Print name of Individual who signed directly above) (Title of individual who signed directly above) Attested By:
(Signature of one additional person who can witness the passage of this Resolution) Print Name: I ills:
(Print name of individual who signed directly above) (Title of individual who signed directly above) ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPR
ul F. Salinas, City Attorney
E
406
EXHIBIT F
BANK QUALIFIED CERTIFICATE
Re: Master Lease Purchase Agreement dated as of , between Lease Servicinq Center, Inc. dba NCL Government Capital (Lessor) and City of South Gate (Lessee) and Schedule No. 005 thereto dated as of April 30, 2025.
Whereas, Lessee hereby represents that it is a"Bank Qualified" Issuerfor the calendar year in which this Agreement and Schedule are executed by making the following designations with respect to Section 265 of the Internal Revenue Code. (A "Bank Qualified Issuer" is an issuer that issues less than ten million ($alO,000,000) dollars or taxexempt obligations during the calendar year).
Now, therefore, Lessee hereby designates this Agreement and Schedule as follows:
1. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b%3)(B%ii) of the Internal Revenue Code of 1986 as amended (the "Code"), the Lessee hereby specifically designates the Agreement and this Schedule as a "qualified tax-exempt obligation" for purposes of Section 265(b%3) of the Code. In compliance with Section 265(b)(3)(D) or the Code, the Lessee hereby represents that the Lessee will not designate more than $10,000,000 of obligations issued by the Lessee in the calendar year during which the Agreement Is executed and delivered as such "qualified tax-exempt obligations".
2. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Lessee hereby represents thatthe Lessee (including all subordinate entities ofthe Lesseewithin the meaning of Section 265(b%3)(E) of the Code) reasonable anticipates not to issue in the calendar year during which the Agreement and Supplement are executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than $1o,ooo,ooo.
BV:
(Signature of individual authorized to execute this Exhibit) Typed Name: Maria Davila
(Typed name of individual who signed directly above)
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
F. Salinas, City Attoiney
F
7 407
EXHIBIT G
AGREEMENT TO PROVIDE INSURANCE
Schedule 005
Lessee: City of South Gate Lessor: Lease Servicing Center, Inc. dba NCL Government Capital AOIA
Address: 8650 California Ave.
South Gate, CA 90280
Address: 510 22nd Ave E., Ste 501
Alexandria, MN 56308
Phone: (323) 357-9675 Phone: (320) 763-7600
Description of Equipment:
Quantity
1 VIN #/aerial Number Type. Make, Model
2025 Ford Maverick XL SuperCrew
I understand that to provide protection from serious flnancial loss, should an accident or loss occur, my lease contract requires the equipment to be contlnuously covered with Insurance against the risks of fire and theft, and that failure to provide such insurance gives the Lessor the right to declare the entire unpaid balance immediately due and payable. Accordingly, I have arranged for the required insurance through the insurance company shown below and have requested my agent to note Lessor's interest in the equlpment and name Lessor as additional insured.
NAME OF AGENT INSURANCE COMPANY
Name: Name:
Address: Policy #:
Phone:
Email:
Lessee: City of South Gate
BYTYPED: Maria Davila
TITLE: Mayor
DATE:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
A:"yPORVED 47
IF. Salinas, City Attoi'iiey
G
408
EXHIBIT H
LESSEE CERTIFICATE
RE: Master Lease Purchase Agreement dated as of 3/1 8/2024 between Lease Servicing Center, Inc. dba NCL GovernmentCapital (Lessor) and City of South Gate (Lessee) and Schedule No. 005 thereto dated as of April 30, 2025.
I,the undersigned,herebycertify that I am a dulyqualifiedrepresentativeof Lessee and that I have been given the authority by the Governing Body of Lessee to sign this Certificate of Acceptance with respect to the above referenced Master Lease Purchase Agreement (the "Lease"). I hereby certify that:
Lesseehas appropriatedand/ortaken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments required to be paid under the Lease during the currentBudget Year of Lessee, and suchmoneyswill be appliedin paymentof all RentalPaymentsdue andpayable during such current Budget Year.
The governing body of Lessee has approvedthe authorization,executionand delivery of the Lease on its behalf by the authorizedrepresentative of Lessee who signed the Lease.
During the term of the Lease, the Equipmentwill be used for essential governmental functions. Such functions are:
The source of funds (fund Item in budget)for the Rental Paymentsthat come due under Exhibit B of this Lease is as follows:
Lessee reasonably expects and anticipates that adequate funds will be available for all future Rental Payments that will come due under Exhibit B because:
ATTEST:
Lessee: City of South Gate
BY: BY:
Yodit Glaze, City Clerk
TYPED: Maria Davila
TITLE: Mayor
DATE:
APPROVED AS TO FORM:
l F. Salinas, City Attorney
H
409
NOTICE OF ASSIGNMENT
AND
LETTER OF DIRECTION
Lease Servicing Center, Inc. dba NCL Goveri'u'i'ientCapital ("Lessor") liereby gives notice to City of South Gate ("Lessee") that it has assigned all of its rights to receive payments rinder the Master Lease Purchase Agreement datedMarch 18, 2024, Schedule No. 005 as set out in Section 7.01, and in any of the Equipment now or hereafter leased thereunder, inclriding without limitation all an'iounts of rent, insurance, and condemnation proceeds, indeinnity or other payn'ient proceeds due to become due as a result of the sale, lease of other disposition of the Equipment, all rights to receivc notices and give consentsand to exercise tlie riglits of tlie Lessor rmder tlie Lease, and all tights, claims at'id carises of action wliicli Assignor may l'iave against tlic mamifactiirer or seller of tlie Eqriipment in respect of any defects tl'ierein.
This Master Lease PurchaseAgreet'net'itrequires 5 anmial payinents of $7784.75. As of tlie date of assigi'unent, 5 annual payments of ,$7784.75 remain on the contract and sliorild be forwarded to tlie assigneeat tlie following address:
"ASSIGNEE"
Santander Bank, N.A.
P. 0. Box 847386
Boston, MA 02284-7386
1-800-238-4009
FEIN: 23-1237295
" Please list the following as lien holder on vehicle titles:
Santander Bank, N.A.
3 Huntington Quadrangle, #101N
Melville, MY 11 74.7
Any assignedpayments received by Lessor are received in tiust for assigneeand will be irnrnediately delivered to Assignee.
LEASE SR,RVICING CENTER, INC. DBA
NCL GOVERNMENT CAPITAL
(Lessor/Assignor)
CITY OF SOUTH GATE
(Lessee)
BY: BY: l I
PRINT: TYPED: Maria Davila
TITLE: TITLE: Mayor
DATE: DATF.-
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APP VED 0 FORM:
ul F. Salinas, City Attorney
/O
410
Internal Escrow Letter
4/30/2025
Santander Bank, N.A.
3MeH,uVpllltein\jenl(:\4a7drangle, Suite101N
RE: Schedule No. 005 dated April 30, 2025 to Master Lease Purchase Agreement dated as of (the "Lease"), between Citv of South Gate (Lessee) and Lease Servicinq Center Inc. dba NCL Government Capital (Lessor), concurrently assigned to Santander Bank, N.A. ("Assignee").
Ladies and Gentlemen:
We have entered into the above referenced Lease for the purpose of financing the equipment listed in Attachment #1 (the"Equipment") intheamountof(the"FinancedAmount").
Lessee hereby requests that Lessor retain (the "Retained Amount"). Lessee further requests that Lessor hold the Retained Amount in an internal escrow pending Lessor's receipt of confirmation from Lessee that the Equipment has been delivered, inspected and accepted for all purposes by the Lessee and that payment can be remitted to the vendor of such Equipment. There will be no separate escrow fee charged to Lessee for internally escrowing the Retained Amount.
Lessee understands and agrees that interest shall accrue on the entire Financed Amount as of the date hereof, and further understands and agrees that any interest earned on the Retained Amount shall be paid to Lessor in consideration of managing the internal escrow account.
Lessee acknowledges that Lessor may commingle the Retained Amount held by Lessor for the benefit of Lessee with other funds held by Lessor for its own account, so long as Lessor maintains segregation of such amounts on the books and records of Lessor.
Sincerely,
Lessee: City of South Gate
BY -
TYPED: Maria Davila
TITLE: Mayor
DATE: I ' I
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPR AS O FO;:
ul F. Salii'ias, City Attorney
411
Internal Escrow Letter
Attachment #1
Schedule 005
Quantity Year Make Type/Style/Model VIN/Serial Number Price 1 2025 Ford Maverlck XL SuperCrew $31,405.26
Total Cost: $31,405.26
Down Payment $0
Total Amount Financed $31,405.26
/2412
LEASE PAYMENT INSTRUCTIONS - Schedule 005
Lessee:
Tax ID#:
Invoice Mailing Address:
Mail invoices to the attention of:
Phone:
Fax:
Email:
Approval of Invoices required by:
Phone:
Fax:
Email:
Accounts Payable Contact:
Phone:
Fax:
Email:
Processing time for Invoices: Approval: Checks:
Do you have a Purchase Order Number that you would like included on the invoice? No Yes PO#
Description needed for Lease Payment Invoices (up to 54 characters including a PO#) :
Does your PO# change annually? No Yes
Processing time for new purchase orders:
/3413
EXHIBIT C-I
PAYMENT REQUEST AND PARTIAL ACCEPT ANCE CERTIFICATE
RE: Master Lease Purchase Agreement dated as of March 18, 2024, between Lease Servicing Center, Inc. dba NCL Government Capita! (Lessor) and City of South Gate (Lessee) and Schedule No. 005 thereto.
I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have been given the authority by the Governing Body of Lessee to sign this CeHificate of Acceptance with respect to the above referenced Master Lease Purchase Agreement and Schedule No. 005 (the "Lease"). I hereby certify that:
The Equipment described below (comprising part of the Equipment described on Lease Exhibit A) has been delivered and installed in accordance with Lessee's specifications and Lessee hereby requests and authorizes Lessor to disburse, or direct the escrow agent to disburse, to Lessee or the vendor described below net proceeds of the Lease in the amount specified by wire transfer or by check. Such amount has not formed the basis for a previous request for payment.
Lessee has conducted such inspection and/or testing of such Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts such Equipment for all purposes.
Rental Payments are due and owing as set forth in Exhibit B to the Lease.
Lessee has obtained insurance coverage as required under the Lease.
Lessee is exempt from all personal property taxes and is also exempt from sales and/or use taxes with respect to the Equipment and the Rental Payments.
No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof.
Quantity Year Make Type/Style/Model VIN/Serial Number Price I 2025 Ford Maverick XL SuperCrew $31,405.26
Total Cost: $31,405.26
Down Payment $0
Total Amount Financed $31,405.26
Vendor Name and Address: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
Lessee: City of South Gate ATTE,ST:
BY:
BY: Yodit Glaze, City Clerk
(SEAL)
TYPED: Maria Davila
APPRO'r'ED AS TO FORM:
TITLE: Mayor
BY:
DATb: a ,, . I
Raul F. Salinas, City Attomey
414
EXHIBIT C-2
FINAL ACCEPT ANCE
Re: Master Lease Purchase Agreement dated as of , between Lease Servicinq Center, Inc. dba NCL Government Capital (Lessor) and City of South Gate (Lessee) and Schedule No. QQ§ thereto.
I, the undersigned, hereby certify that I am a duly qcialified representative of Lessee and that I have been given the authority by the Governing Body of Lessee to sign this Final Acceptance Certificate with respect to the above referenced Master Lease Purchase Agreement and Schedule No. 005 (the "Lease"). I hereby certify that:
All Equipment described on Exhibit A has been delivered and installed iri accordance with Lessee's specifications and Lessee hereby requests and authorizes Lessor to direct the escrow agent to apply the remaining net proceeds of the Lease to Lessee's next Rental Payment due.
Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes.
Rental Payments with respect to such Equipment are due and owing as set forth in Exhibit B to the Lease.
Lessee has obtained insurance coverage as required under the Lease.
Lessee is exempt from all personal property taxes and is also exempt from sales and/or use taxes with respect to the Equipment and the Rental Payments.
No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof.
Lessee: City of South Gate
BY :
TYPED: Maria Davila
TITLE: Mayor
DATE: I c. j
ATTEST: APPROVED AS TO FORM:
By: BY:
Yodit Glaze, City Clerlc
(SEAL)
Raul F. Salinas, City Attoipey
415
FOym 8038.GC InformationReturnforSmallTax-Exempt
(Rev.January2012) Governmental BondIssues,Leases,andInstallment Sales OMBNo.l545-0720 oepa,mentO,,heTreasuq k UnderlnternalRevenueCodesectionl49(e) Imemal Revenue Servlce Caution: If the issue price of the issue is $100,000 or more, use Form 803B-G. l Reporting Authority Checkbox :f Amended Return > 4
s name
City of South Gate
2 Issuer's employer identificatlon number iEIN)
95160UO799 3 Numbsr and street (or p.o. box It mail Is not delivered to street address) 8650 California Ave.
Room/suite
4 City, town, or post office, state, and ZIP cods
South Gale, CA 90280
5 Report number (For IRS Use Only)
f'ilJI"n s Nameand title of officer oyother employee of issuer oy designated contact personwhom the IRSmay call Tormore inTormation John Downs - Interim Director of Administrative Services 7 Telephonanumberol offk.ar or legalrepresentative
323-563-9522
8a i $31,405 26
).sil, 7,s S},i= .-, -. a,i .l..l .,,'-+l'l " 'a'4;
- I i_ - , ,
' l ' i', ' ;# ' "' 0 A
" :.:_':" '."'It: . ' _ ". " '
.:J,'i
26 ,ha'-' , "' ,.. illi l l , . , , , , ,
)-' i.i-J ' l'_a '- 4 .41 - =** _ ._ -.
9a $31,405
9b
9C
9d
9e
9f
9g
9h
9i
93 9k
Signature
and
Consent
Under penaltles oTperjury, I dedare that I haveexamlned thls retum and accompanyingschedulesand statements,and to the best of my knowledge and belief,ihey aye true, correct, and complete. I Turtherdeclare Ihat I consent to the IRS'sdisclosureokthe Issuet's retum InformaUon,as necessarj to process this retum, to the person(s) that I have authorizedabove. > k
' Signature of Issuer's authorlzed representative Date ' Type or prlnt name and tltla Paid
Dron*ror
Print/Type preparer's name Preparer'si signature Date
Check [] it
self-employed
PTIN
} - - P & € l--I
I IQA nnlv Firm's name k Firm's EIN k
si -i y %- x il J
Firm's address > Phone no.
General Instructions
Section references are to the Internal Revenue
Code unress otherwise mted.
What's New
The IRS has created a page on IRS.gov for
Informatlon about the Form 8C)38 series and
its instructions, at www.irs.gov/form8038.
Information about any future developments
affecting the Form 8038 series (such as
leglslation enacted afker we release It) wlll be
posted on that page.
Purpose of Form
Form 8038-GC is used by the issuers of taxexempt governmental obligations to provlde the IRS wlth the information requlred by
section 'l 49(e) and to monitor the
requirements of sections 141 through 150.
Who Must File
Issuers of tax-exempt governmental
obligatlons with Issue prices of less than
$1 00,000 must file Form 8038-GC.
Issuers of a tax-exempt governmental
obligation with an issue price of $100,000 or
more must file Form 8038-G, Information
Return for Tax-Exempt Governmental
Obligations.
Filing a separate return for a single issue.
Issuers have the option to file a separate
Form 8038-GC for any tax-exempt
governmental obligation with an Issue price
of less than $1 oo,ooo.
An issuer of a tax-exempt bond used to
finance construction expenditures must file a
separate Form 8038-GC for each issue to give
notice to the IRS that an election was made to
pay a penalty in lieu of arbitrage rebate (see
the line 11 Instructions).
Filing a consolidated return for multiple
issues. For all tax-exempt governmental
obligatlons wlth Issue prices of less than
$'lO0,000 that are not reported on a separate
Form 8038-GC, an issuer must file a
consolidated Informatlon return including all
such issues issued within the calendar year.
Thus, an Issuer may file a separate Form
8038-GC for each of a number of small Issues
and report the remainder of small issues
issued during the calendar year on one
consolidated Form 8038-GC. However, If the
issue is a construction issue, a separate Form
8o38-GC must be filed to give the IRS notice
of the election to pay a penalty in lieu of
arbitrage rebate.
Cat. No. 841088 Form 8038-GC (Revl-2C112)
416
Form 8038-GC (Rev. 1-2012) Page 2
When To File
To file a separate return ior a single Issue, file
Form 8038-GC on or before the 15th day of
the second calendar month after the close of
the calendar quarter In which the Issue Is
issued.
To flle a consolidated return for multiple
issues, flle Form 8038-GC on or before
February 15th of the calendar year followlng
the year In which the Issue Is issued.
Late filing. An Issuer may be granted an
extension of tlme to file Form 8038-GC under
sectlon B of Rev. Proc. 2002-48, 2002-37
I.R.B. 531, If It Is determlned that the fallure to
flle on tlme Is not due to willful neglect. Type
or prlnt at the top of the form, "Request for
Rellef under set.tlon 3 of Flev. Proc. 2002-48."
Attach to the Form 8038-GC a letter briefly
stating why the form was not submltted to the
IRS on tlme. Also Indlcate whether the
obligation In question Is under examlnatlon by
the IRS. Do not submlt coples of any bond
documents, leases, or Installment sale
documents. See Where To Flle next.
Where To File
File Form 8038-GC, and any attachments,
with the Department of the Treasury, Internal
Revenue Service Center, Ogden, UT 84201.
Private delivery services. You can use
certain private dellvery servlces deslgnated by
the IRS to meet the "tlmely malllng as tlmely
filing/paylng" rule fortax returns and
payments. These private dellvery services
Include only the following:
ii DHL Express (DHL): DHL Same Day Servl6e.
* Federal Express (FedEx): FedEx Priorlty
Ovemlght, FedEx Standard Overnlght, FedEx
2Day, FedEx Internatlonal Prlority, and FedEx
Internatlonol Flrst.
* United Parcel Servlt,e (UPS): LIPS Next Day
Alr, UPS Next Day Alr Saver, UPS 2nd Day
Alr, UPS 2nd Day Air A.M., LIPS Worldwide
Express Plus, and UPS Worldwlde Express.
The prlvate dellvery servlce can tell you
how to get wrltten proof ofthe malling date.
Other Forms That May Be
Required
For rebatlng arbltrage (or paying a penalty In
lieu of arbitrage rebate) to the Federal
Government, use Form 8038-T, Arbltrage
Rebate, Yield Reductlon and Penalty in Lieu
of Arbltrage Rebate. For prlvate activity
bonds, use Form 8038, Information Return for
Tax-Exempt Prlvate ActMty Bond Issues.
For a tax-exempt governmental obllgatlon
with an Issue prk.e of $100,000 or more, use
Form 8038-G.
Rounding to Whole Dollars
You may show the money Items on thls return
as whole-dollar amounts. To do so, drop any
amount less than 50 cents and Increase any
al'nount from 50 to 99 cents to the next hlgher
dollar.
Definitions
Obligations. This refers to a single taxexempt governmental obllgatlon If Form 8038-GC Is used for separate reportlng or to
multlple tax-exempt govemmental obligations
If the form Is used for consolidated reportlng.
Tax-exempt obligation. This Is any obllgatlon
Including a bond, Installment purchase
agreement, or flnanclal lease, on whlch the
Interest Is ext,luded from income under
sectlon 103.
Tax-exempt governmental obligation. A
tax-exempt obllgation that Is not a prlvate
actMty bond (see below) is a tax-exempt
governmental obligation. This Includes a bond
Issued by a qualified volunteer flre department
under set,tlon 1 50(e).
Private activity bond. This Includes an
obllgatlon Issued as part of an Issue In whlah:
h More than 10% of the proceeds are to be
used for any private activity buslness use, and
* More than 1 0% of the payment of prlnclpal
or Interest of the issue Is elther (a) secured by
an Interest In property to be used for a private
business use (or payments for such property)
or (b) to be derlved from payments for
property (or borrowed money) used for a
private buslness use.
It also Includes a bond, the proceeds of
whlch (a) are to be used to make or flnant.e
loans (other than loans descrlbed In sectlon
141(c%2))to persons otherthangovernmenta1
unlts and (b) exceeds the lesser of 5% of the
proceeds or $5 milllon.
Issue. Generally, obligations are treated as
part of the same Issue only If they are Issued
by the same Issuer, on the same date, and as
part of a slngle transactlon, or a serles of
related transactlons. However, obligatlons
Issued during the same calendar year (a)
under a loan agreement under which amounts
are to be advanced periodk,ally (a "drawdown loan") or (b) with a term not exceedlng 270 days, may be treated as part of the same
Issue If the obllgatlons are equally and ratably
secured under a single indenture or loan
agreement and are issued under a common
flnanclng arrangement (for example, under the
same offlclal statement perlodlcally updated
to reflect changing factual clrcumstances).
Also, for obllgatlons Issued under a drawdown loan that meets the requlrements of the precedlng sentence, obligatlons Issued during
different calendar years may be treated as
part of the same Issue If all of the amounts to
be advanced under the draw-down loan are
reasonably expected to be advanced wlthln 3
years of the date of issue of the flrst
obllgatlon. Llkewlse, obligations (other than
private actMty bonds) Issued under a slngle
Bgreement that Is In the form of a lease or
Installment sale may be treated as part of the
same Issue If all of the properly covered by
that agreement Is reasonably expected to be
dellvered wlthln 3 years of the date of Issue of
the first obllgatlon.
Arbitrage rebate. Generally, Interest on a
state or local bond Is not tax-exempt unless
the issuer of the bond rebates to the Unlted
States arbltrage proflts earned from investing
proceeds of the bond in hlgher yleldlng
nonpurpose Investments. See sectlon 148(f).
Construction Issue. This Is an Issue of taxexempt bonds that meets both of the following conditions:
1. At least 75% of the available construction
proceeds of the Issue are to be used for
construction expendltures with respect to
property to be owned by a governmental unlt
ora 501 (0%3) organlzatlon, and
2. All of the bonds that are part of the Issue
are qualifled 501(0%3) bonds, bonds that are
not private activity bonds, or prlvate activity
bonds Issued to flnance property to be owned
bya governmental unitor a501(c%3)
organlzatlon.
In Ileu of rebating any arbltrage that may be
owed to the United States, the Issuer of a
construction Issue may make an Irrevocable
electlon to pay a penalty. The penalty Is equal
to 1 -1/2% of the amount of construction
proceeds that do not meet certain spending
requirements. See section '148(f)(4)(C) and the
Instructlons for Form 8038-T,
Specific Instructions
In general, a Form 8038-GC must be
completed on the basls or avallable
information and reasonable expectatlons as of
the date of Issue. However, forms that are
flled on a consolidated basls may be
completed on the basls of Information readlly
avallable to the issuer at the close of the
calendar year to which the form relates,
supplemented by estimates made In good
falth.
PartI-Reporting Authority
Amended return. An Issuer may file an
amended return to change or add to the
Information reported on a previously filed
return for the same date of Issue. If you are
fillng to correct errors or change a prevlously
flled return, check the "Amended Return" box
in the head1ng of the form.
The amended return must provlde all the
informatlon reporked on the original return, In
addition to the new corrected Informatlon.
Attach an explanatlon of the reason for the
amended return and write across the top
"Amended Return Explanatlon."
Line 1. The Issuer's name is the name of the
emlty Issulng the obllgatlons, not the name of
the emlty receivlng the beneflt of the
flnanclng. In the case of a leasei or Installment
sale, the Issuer Is the lessee or purchaser.
Line 2. An Issuer that does not have an
employer Identlflcatlon number (EIN) should
apply for one on Form 88-4, Applk.atlon for
Employer Identification Number. You can get
thls form on the IRS webslte at IRS,gov or by
calling 1 -800-TAX-FORM (1-800-829-3676).
You may recelve an EIN by telephone by
followlng the Instructlons for Form SS-4.
Lines 3 and 4. Enter the Issuer's oddress or
the address of the deslgnated contact person
listed on 11ne6. If the Issuer wlshes to use Its
own address and the Issuer recelves Its mail
In care of a thlrd party authorized
representatlve (sut,h as an atx,ountant or
attorney), enter on the street address 11ne
"C/O" followed by the third party's name and
street address or p.o. box. Include the suite,
room, or other unit number after the street
address. If the post office does not dellver
mail to the street address and the Issuer has a
P.0. box, show the box number Instead of the
/7417
Form8038-GC (Rev.1-2012) Page 3
street address. If a change in address occurs
after the return Is flled, use Form 8822,
Change of Address, to notlfy the IRS of the
new address.
Note. The address entered on lines 3 and 4 Is
the address the IRS wlll use for all written
communlcatlons regarding the processlng of
this return, Includlng any notices. By
authorlzlng a person otlier than an authorized
officer or other employee of the Issuer to
communicate with the 1R8 and whom the IRS
may contact about this return, the Issuer
authorizes the IRS to communicate directly
with the IndMdual listed on line B, whose
address Is entered on lines 3 and 4 and
consents to disclose the Issuer's return
Information to that Individual, as necessary, to
process thls return.
Line 5. Thls line Is for IRS use only. Do not
make any entrles In thls box.
Part If-Description of Obligations
Check the appropriate box designating this as
a return on a slngle Issue basis or a
consolidated return basis.
Line 8a. The issue prlce of obllgatlons Is
generally determlned under Regulations
sectlon '1.148-1 (b). Thus, when Issued for
cash, the Issue price Is the prlce at whit,h a
substantlal amount of the obllgatlons are sold
to the public. To determine the Issue price of
an obllgatlon Issued for property, see secUons
1273 and 1274 and the related regulations.
Line 8b. For a slngle Issue, enter the date of
Issue (for example, 03/1 5/201 0 for a single
Issue Issued on March 15, 2010), generally
the date on whlch the Issuer physlcally
exchanges the bonds that are part of the
lssue for the underwriter's (or other
purchaser's) funds; for a lease or Installment
sale, enter the date interest starts to accrue.
For Issues reported on a consolldated basis,
enter the first day of the calendar year during
whk,h the obligations were Issued (for
example, for calendar year 2010, enter
01/01/2010).
Lines 9a through 9h. Complete this sectlon If
property other than cash Is exchanged for the
obllgatlon, for example, acqulrlng a pollce car,
a flre truck, or telephone equlpment through a
serles of monthly payments. (Thls type of
obllgatlon Is sometlmes referred to as a
"munlclpal lease.") Also complete this section
IFreal property Is directly acquired In
exchange for an obllgation to make perlodlc
payments of interest and principal.
Do not complete llnes 9a through 9d If the
proceeds of an obllgatlon are recelved In the
form of cash even If the term "lease" Is used
in the title of the Issue. For lines 9a through
9d, enter the amount on the approprlate 11ne
that represents a lease or Installment
purchase. For 11ne9d, enter the type of Item
that Is leased. For 11nes9e through 9h, enter
the amount on the approprlate Ilne that
represents a bank loan. For 11ne9h, enter the
type of bank loan.
Lines 9i and 9j. For Ilne 91,enter the amount
of the proceeds that wlll be used to pay
prlnclpal, Interest, or call premlum on any
other Issue of bonds, includlng proceeds that
will be used to fund an escrow account for
this purpose. Several 11nesmay apply to a
partlcular obllgatlon. For example, report on
lines 91and 91obligations used to refund prior
Issues whlch represent loans from the
proceeds of another tax-exempt obllgatlon.
Llne 9k. Enter on line 9k the amount on 11ne
8a that does not represent an obllgatlon
descrlbedon lines9athrough 91.
Line '10. Check thls box if the issuer has
deslgnated any Issue as a "small Issuer
exception"undersectlon265(b)(3%B%1%IH).
Line jl. Check thls box if the Issue Is a
coristruction Issue and an Irrevocable election
to pay a penalty In lieu of arbltrage rebate has
been made on or before the date the bonds
were Issued. The penalty Is payable wlth a
Form 8038-T for each 6-month period affer
the date the bonds are issued. Do not make
any paymem of penalty In lieu of rebate with
Form 8038-GO. See Rev. Proc. 92-22,
1992-1 c.a 736, for rules regardlng the
"election document."
Line 12. Enter the name of the vend6r or bank
who Is a party to the Installment purchase
agreement, loan, or flnanclal lease. if there
are multlple vendors or banks, the issuer
should attach a schedule.
Line 13. Enter the employer identlflcation
number of the vendor or bank who Is a party
to the installment purchase agreement, loan,
or financlal lease. If there are multlple vendors
or banks, the Issuer should attach a schedule.
Signature and Consent
An authorized representative of the Issuer
must sign Form 8038-GC and any appllcable
certlflcatlon. Also print the name and tltle of
the psrson slgning Form 8038-GC. The
authorized representatlve of the Issuer slgnlng
this form must have the authority to consent
to the disclosure of the Issuer's return
Informatlon, as necessaiy to process thls
retum, to the person(s) that has been
deslgnated in thls form.
Note. If the Issuer authorizes In 11ne6 the IR8
to communk.ate with a person otherthan an
offloer or other employee of the Issuer, (such
authorization shall Include contact both In
wrltlng regardless of the address entered in
11nes3 and 4, and by telephone) by signing
thls form, the Issuer's authorlzed
representative consents to the disclosure of
the Issuer's return information, as net.essary
to ptocess thls return, to such person.
Paid Preparer
If an authorized representatlve of the Issuer
fllled In Its return, the pald preparer's space
should remain blank. Anyone who prepares
the return but does not charge the
organlzation should not sign the return.
Certain others who prepare the return should
not slgn. For example, a regular, full-tlme
employee of the Issuer, such as a clerk,
secretary, etc., should not sign.
Generally, anyone who Is pald to prepare a
return must slgn it and fill in the other blanks
In the Paid Preparer Use Only area of the
return. A paid preparer cannot use a soclal
security number In the Pald Preparer Use Only
box. The pald preparer must use a preparer
tax Identlflcatlon number (PTIN). If the pald
prepater Is sslf-employed, the preparer
should enter hls or her address In the box.
The pald preparer must:
* Sign the retum in the space provlded for the
preparer's slgnature, and
* Givea COP!/of the returnto the issuer.
Paperwork Reduction Act Notice
We ask for the Informatlon on thls form to
carry out the Internal Revenus laws of the
United States. You are required to give us the
Informatlon. We need It to ensure that you are
complylng with these laws.
You are not requlred to provide the
Intormatlon requested on a form that Is
subject to the Paperwork Reductlon Act
unless the form dlsplays a valld OMB control
number. Books or records relatlng to a form
or Its Instructlons must be retained as long as
their contents may become material In the
administration of any Internal Revenue law.
Generally, tax returns and return information
are confldentlal, as required by section 6103.
The time needed to complete and file thls
form wlll vary dependlng on Indivldual
circumstances. The estimated average time ls:
Learning about the
laW or the fWm . . . . 4 hr., 46 mln.
Preparing the form . . . . 2 hr., 22 mln.
Copying, assembling, and
sending the form to the IRS 2 hr., 34 mln.
If you have comments concernlng the
accuracy of these time estlmates or
suggestions for maklng thls form simpler, we
would be happy to hear from you. You can
write to the Internal Revenue Servlce, Tax
Produt,ts Coordlnatlng Commlttee,
SE:W:C:AR:MP:T:M:S, 1111 Constitution Ave.
NW, IR-6526, Washington, DC 20224. Do not
serld the form to thls address. Instead, see
Where To File.
/,'f' 418
4/1/25, 3:40 PM Attachment B
480 Auto (,antar Dr'ivo. Watsanv;l}a. CA 85078
855] eel-857! af83"11 480-8497 Fax
F I e at 0 N a tio n alAut o F I e e tG r o u p, c r>m
4/1 /2025
Lt. Roman Amador
City of South Gate Police Department
8620 California Ave.
South Gate, California, 90280
Dear Lt. Amador,
Quote ID: 31734
Order Cut Off Date: TBA
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration. One (1) New/Unused 2025 Ford Maverick (W8A) XL FWD SuperCrew 121.1" WB 4.5' Box, delivered to your specified location, each for:
Contract Price
Tax (10.7500 %)
Tire fee
Transportation
Total
One Unit
(MSRP)
$28,590.00
- per the attached specifications.
One Unit
$28,213.55
$3,032.96
$8.75
$150.00
$31 ,405.26
Total %
Savings
1.317 %
Total Savings
$376.45
This vehicle(s) is available under the Sourcewell Contract 091521-NAF. Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
Yesenia Covarrubias
Fleet Department Account Manager
[email protected]
(626) 457-5590
CHEVROLET =sah
TOYOTA
CsMC
https://www.nationalautofleetgroup.com/OrderRequesUSSDPrinU31 734?ws=true&se=true&ssdType=QuickQuote 419
4/1/25, 3:40 PM Sell, service, and deliver letter
Vehicle Configuration Options
ENGINE
Code Description
993 Engine: 2.5L Hybrid, (STD)
TRANSMISSION
Code Description
44E Transmission: -Automatic Continuous Variable (CVT), (STD) ' - " """"
PRIMARY PAINT
Code Description
YZ Oxford White
SEAT TYPE
Code Description
9W Black Onyx/Dark Slate, Front Cloth Bucket Seats,-:n-c:-6-w- ay m-anual adj-ustable driver a'nd 4-way manual adjustable passenger, front floor console w/eShifter, armrest and storage bin
ADDITIONAL EQUIPMENT
Code Description
153 Front License Plate Bracket, -inc: Standard in states where required by law, optional to all others
OPTION PACKAGE
Code Description
100A Equipment Group 100A
https://www.nationalautofleetgroup.com/OrderRequesUSSDPrinU31 734?ws=true&se=true&ssdType=QuickQuote 20420
4/1/25, 3:40 PM Sell, service, and deliver letter
2025 FleeUNon-Retail Ford Maverick XL FWD SuperCrew
121.1" WB 4.5' Box
WINDOWSTICKER
2025 Ford Maverick XL FWD SuperCrew 1211" WB 4.5' Box
CODE MODEL MSRP
W8A 2025 Ford Maverick XL FWD SuperCrew 121."1"WB 4.5' Box $26,995.00
OPTIONS
993 Engine: 2.5L Hybrid, (STD) $0.00
44E Transmission:AutomaticContinuousVariable(CVT), (STD) $0.00 YZ OxfordWhite $0.00
9W Black Onyx/Dark Slate, Front Cloth Bucket Seats, -inc: 6-way manual adjustable driver and 4-way $0.00 manual adjustable passenger, front floor console w/eShifter, armrest and storage bin 153 Front License Plate Bracket, -inc: Standard in states where required by law, optional to all others $0.00 100A Equipment Group 100A $0.00
Please note selected options override standard equipment SUBTOTAL $26,995.00
Advert/Adjustments $0.00
ManufacturerDestinationCharge $1,595.00
TOTALPRICE $28,590.00
Est City: 20 MPG
Est Highway: 29 MPG
Est Highway Cruising Range: 539.40 mi
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
Notes
https://www.nationalautofleetgroup.com/OrderRequesUSSDPrint/31734?ws=true&se=true&ssdType=QuickQuote 2)421
4/1/25 3:40 PM Sell service and deliver letter
Standard Equipment
MECHANICAL
Engine: 2.5L Hybrid (STD)
Transmission: Automatic Continuous Variable (C\/T) (STD)
AXLE RATIO
WHEELS
Wheels: I 7" Steel w/Sparkle Silver Painted Cover
ADDITIONAL EQUIPMENT
50-State Emissions System
Engine Auto Stop-Start Feature
Transmission w/Driver Selectable Mode
Front-Wheel Drive
45-Amp/Hr 390CCA Maintenance-Free Battery w/Run Down Protection Regenerative 150 Amp Alternator
Towing Equipment -inc: Trailer Sway Control
G\/WR: 5,230 Ibs
Gas-Pressurized Shock Absorbers
FrontAnd RearAnti-Roll Bars
Electric Power-Assist Speed-Sensing Steering
13.8 Gal. Fuel Tank
Single Stainless Steel Exhaust
Strut Front Suspension w/Coil Springs
Torsion Beam Rear Suspension w/Coil Springs
Regenerative 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake ASSiSt, Hill Hold Control and Electric Parking Brake
Lithium Ion (li-Ion) Traction Battery 1.1 kWh Capacity
Regular Box Style
Tires: P225/65R17 A/S BSW
Steel Spare Wheel
Compact Spare Tire Stored Underbody w/Crankdown
Non-Metallic Paint
Body-Colored Front Bumper w/Black Rub Strip/Fascia Accent https://www.nationalautofleetgroup.com/OrderRequesUSSDPrint/31 734?ws=true&se=true&ssdType=QuickQuote 22422
4/1/25, 3:40 PM Sell, service, and deliver letter
Black Rear Step Bumper
Black Side Windows Trim and Black Rear Window Trim
Black Door Handles
Black Manual Side Mirrors w/Manual Folding
Fixed Rear Window
Deep Tinted Glass
Fixed Interval Wipers
Galvanized Steel/Aluminum Panels
Black Grille
Tailgate Rear Cargo Access
Manual Tailgate/Rear Door Lock
Autolamp Auto On/Off Reflector Led Low/High Beam Daytime Running Lights Preference Setting Headlamps w/Delay-Off
Cargo Lamp w/High Mount Stop Light
Auto High Beams
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control, Steering Wheel Controls, Radio Data System and External Memory Control
Radio: AM/FM Stereo w/6 Speakers -inc: 2 front USB ports and 1 rear USB port Streaming Audio
Integrated RoofAntenna
SiriusXM w/360L
SYNC 4 w/Enhanced Voice Recognition -inc: I 3.2" LCD touch screen w/swipe capability, wireless phone connection, cloud connected, AppLink w/App catalog, 911 ASSiSti Apple CarPlay and Android Auto compatibility, digital owner's manual and conversational voice command recognition 2 LCD Monitors In The Front
Driver Seat
Passenger Seat
Full Folding Bench Front Facing Fold Forward Seatback Cloth Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Power/Regen, Trip Odometer and Trip Computer
Power Rear Windows
FordPass Connect 5G Mobile Hotspot InternetAccess
Front Cupholder
Rear Cupholder
Compass
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Remote Releases -Inc: Power Fuel
Cruise Control w/Steering Wheel Controls
Voice Activated Automatic Air Conditioning
HVAC -inc: Underseat Ducts
Glove Box
https://www.nationalautofleetgroup.com/OrderRequesUSSDPrinU31 734?ws=true&se=true&ssdType=QuickQuote 23423
4/1/25, 3:40 PM Sell, service, and deliver letter
Driver Foot Rest
Interior Trim -inc: Colored Instrument Panel Insert, Colored Door Panel Insert and Other Interior Accents
Full Cloth Headliner
Urethane Gear Shifter Material
Front Cloth Bucket Seats -inc: 6-way manual adjustable 'driver and 4-way manual adjustable "'--"- passenger, front floor console w/eShifter, armrest and storage bin 6ay-Night Rearview Miror - - - - " "-"- ' -
DriverAnd Passenger Visor Vanity Mirrors w/DriverAnd PassengerAuxiliary Mirror Full Floor Console w/Covered Storage, Mini Overhead Console w/Storage and 1 1 2V DC Power Outlet Front Map Lights
Fade-To-Off Interior Lighting
Full Carpet Floor Covering -inc: Carpet Front Floor Mats Cab Mounted Cargo Lights -- -"- - - """"'- - - """ ""'-'- ' "-'--""""'- Rear View Camera
Pre-Collision ASSiSt w/Automatic Emergency Braking -inc: pedestrian detection, forward collision warning and dynamic brake support
Instrument Panel Bin, Dashboard Storage, Driver/PassengerAnd R-ear Door Bins"';';d 2nd now- ""'-"- Underseat Storage
Power 1 st Row Windows w/Driver 1 -Touch Down
Delayed Accessory Power
Power Door Locks w/Autolock Feature
Driver Information Center
Redundant Digital Speedometer """'- ""'-'-"--- - - a-- "'= ""' Trip Computer
Outside Temp Gauge
Digital/Analog Appearance
Seats w/Cloth Back Material
Manual Adjustable Front Head Restraints and Fixed Rear Head Restraints 4 Seatback Storage Pocket
SecurilockAnti-Thefi Ignition (pats) Immobilizer
I I 2V DC Power Outlet
Air Filtration
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Lane-Keeping Aid Lane Keeping ASSiSt
Lane-Keeping Aid Lane Departure Warning
Tire Specific Low Tire Pressure Warning - "'-- ---- - ""'------------- --- - "-- "' Dual Stage DriverAnd Passenger FrontAirbags
https://www.nationalautofleetgroup.com/OrderRequesUSSDPrint/31 734?ws=true&se=true&ssdType=QuickQuote 2'l
424
4/1/25, 3:40 PM Sell, service, and deliver letter
Safety Canopy System Curtain 1 st And 2nd Row Airbags
Airbag Occupancy Sensor
Driver Knee Airbag
Mykey System -inc: Top Speed Limiter, Audio Volume Limiter, Early Low Fuel Warning, Programmable Sound Chimes and Beltminder w/Audio Mute
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and """" Pretensioners
hffps://www.nationalautofleetgroup.com/OrderRequesUSSDPrinU31 734?ws=true&se=true&ssdType=QuickQuote 425
Attachment C
CC)/Vl /Vl Lirie iric13700 Cimarron Ave, Gardena, CA %24!1 iMain) 310.3!10.8003 IFax) 310 390.43')3
www.Commlinel nc.com
al('l'l4'kl('Xt 'T'MT
DATE: 5/6/2025 SALES REP:
lustin Gomez
usbn nmgz commlinsinc com
DESCRIPTION: 202F Ford Maveiick - F'arking Enforcement 11) with MDT lal iliWi!18: ili4iillThilslJ .111J;+ aiz n *.it ii gill-l'n ' 'I Tn lllffi Ilall iagP1il Yi1a"l'P1 I RLNT481-ABWH4 (22) Amber/Blue/White light heads, hook mounI Clear domes S i,ois.so S 1,016.60 1 HKB-MAV22 Hook Mount included
1 PW100S6 Siren/light controller with Six-butkon controller, 100 W 5 611.!10 S 611.!10 1 ESIOOC l00w Speaker S 243.19 S 243.19
1 ESB-Ll Bracket S 30 48 S 30.48
1 SL85-A 32-inch, i8) Amber light heads, SignalMaster economy controller, 30-ft cable S 457.13 S 457.13 1 320340 universal mount S 98.74 S 98.74
1 SLB-001 Long L-bracket 5 40.84 S 40.84
4 MPS31L1-A MicioPulse ultra 3, single-color, (3) Amber LED S 74.!17 S 2(1!1.87 4 MPSM3-LB L-bracket for (1) MPS3U light S 12.19 S 4!1.76 1 PKG-PSM-1013-T Standard Tablet Pedestal Mount Package for 2022-2025 Ford Maverick S sss.gs S 558 gs 1 CF-33TZ-ORAM
BSKU,Winll Pro, Intel Corei5-1245u vPro iup to 4.4GHz), AMT, 12.01N QHD Gloved Multi Touch+Digitizer, 16GB, IntelI ris Xe, 512GB OPAL SSD, Intel Wi-Fi 6E, Bluetooth, 4G MLP31-W, GPS, Dual Pass (Chl:WWAN/Ch2:GPS), Mic and Infrared 2MP Webcam, 8MP Rear Camera, Contactless SmartCard, Barcode, Standard Batteries 12'l, TPM 2.0, Flat, CF-SVCPDEP3Y - 3 Year Premier [)eployment, FZ-SVC512SSD3Y - 3 Year No Retum of Defective Drive, FZ SVCTPNF3YR 3 Year PTOteCtiOn Plug Warranty, CF-SVCBIOSI-CuStOm BIOS, FZ SVCFESGENIO - Field Engineering Support
S 5,711.50, S 5,791.50
1 KBA-BLTX-u-US Description 83 Key, Backlit, Hard key, Touchpad, uSB, Two Cables, US S 194.62 S 1!)4.62 1 5a32 Fuse Block S 53.84 S 53.84
1 BBCB594-50A Circuit Breaker S 56.76 S 56.76
1 83-0115 Pass through seal [for lightbar) S 23.08 S 23.08 1 EVM Ign Delay Timer S 68.43 S 6!1.43
1 CL Hamess Multi Pin Various Quick Disconnects S 300.(10 S aoo.oa 1 MISC Parts & Material Per Vehicle: Loom, Connectors, Various Wire As Needed, S 50.00 5 50.0[) Fuses, Zip Ties, 12 Conductor Wire, Copper Lugs. Heat Shrink Weather Proof Connectors, Cloth Oem Tape, Wire Clamps, And Fasteners 1 LABOR ID Installation of: Perimeter Lighting, Slren and Controller, Lightbar, etc. S 2,550.00 S z.sso.oo NOTES Quote good for 30 dads. SIIB-TOTAL 5 g,gu.oi
TAX ilO.5%) S 1,044.12
FREIGHT S 497.20
LABOR/SERVICES S 2,550.00
GRAND TOTAL S 14,035.34
IIIITl11r I N'T T'l T ffllll(*li'illaf'!Tlala!1'lllPj'Ta11llal i al*l! iffliffi 30% iestocking fee will apply to returns and/or canceled purchase orders. "PANASONICTOUGHBOOK IS A SPECIAL
ORDER ITEM AND CANNOT BE RETURNED. PIEASE ENSURE
S?ECS ARE CORRECT BEFORE CONFIRMING"
J'age l of !
26426
Office of the
':3outh Gate City Clerk
Item No. 8
MAY2 ? 7025
FILED
loa.%z
Ciffl of South Gate
CITY COUNCIL
AGIENIDA IBI[ILIL,
For the Regular Meeting o'f: May 27, 2025
Originating Department:
DepartmerttDirector: /! A/'=/' CityManager:
Darren Arakawa Rob Houston
SUBJECT: USE OF 2023 HOMELAND SECURITY GRANT PROGRAM ("SHSP")
PROVIDED DIRECTLY FROM THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES ("CAL OES") FOR THE 2023 STATE HOMEL.=!USTD SECURITY PROGRAM ("SHSP"), FAIN #037-00000, FEDERAL AWARD DATED OCTOBER 18, 2023, WITH A PERFORMANCE PERIOD OF SEPTEMBER 1, 2023, TO MAY 31, 2026
PURPOSE: To approve the use of 2023 SHSP funds in the amount of $40,000 to enhance capabilities to prevent, respond, and recover from threats or acts of terrorism.
RECOMMENDED ACTIONS: The City Council will consider:
a. Authorizing utilization of 2023 Homeland Security Grant Program Funds in the amount of $40,000 for law enforcement equipment to address civil unrest, crowd control and active shooters; and
b. Increasing the Fiscal Year 2025/26 revenue projection in Account Number 232-541 (Law Enforcement Grants - Homeland Security Grant) to $40,000; and c. Amending the Fiscal Year 2025/26 Law Enforcement Grants Fund Budget by appropriating $40,000 to Account Number 232-541-21-6204 (Law Enforcement GrantsHomeland Security Grant - Small Tools and Equipment); and d. Authorizing the City Manager to execute the State Homeland Security Grant Program Subrecipient Agreement for Grant Year 2023.
FISCAL IMPACT: There is no fiscal impact on the General Fund and no requirement for the City to match these grant funds. The total amount of funding allocated to the City for Fiscal Year 2025/26 is $40,000. The grant will cover the one-time costs associated with the purchase and installation of the Automated License Plate Reader ("ALPR") cameras. Ongoing costs related to the operation of the cameras will be funded from Asset Forfeiture funds.
ANALYSIS: 2023 SHSP Funds will be used to purchase and install the ALPR cameras in various fixed points throughout the city, as well as mounting them on police department vehicles. This technology will allow police department personnel to coordinate public safety responses when attempting to identify and locate suspects when investigating crimes and when responding to 1 427
428
critical incidents or acts of terrorism.
BACKGROUND: The U.S. Department of Homeland Security tl'irough the Office of Grants and Training has provided financial assistance for the SHSP directly to the California Governor's Office of Emergency Services ("Cal OES") for the 2023 SHSP, FAIN #037-00000, Federal Award dated October 18, 2023, with a performance period of September 1, 2023, to May 31, 2026.
Cal OES is providing these 'funds to the County of Los Angeles (DUNS #052238763) as its Subgrantee. Cal OES is responsible for managing and overseeing the SHSP 'funds that are distributed to municipal jurisdictions within Los Angeles County. This specific financial assistance is being provided to the South Gate Police Department to address communication equipment, training, and needs of the department to assist in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism.
The County of Los Angeles as a Subgrantee has obtained approval of the 2023 SHSP grant from Cal OES in the total amount of $9,481,457 and South Gate Police Department has been allocated funds in the amount of $40,000.
ATTACHMENT: 2023 SHSP Subrecipient Agreement - South Gate 2 429
430
State Homeland Security Program
SubrecipientAgreement
Grant Year 2023
Beatween the
County of Los Angeles
and the
City of South Gate
3 431
SUBRECIPIENT AGREEMENT
BETWEEN THE
COUNTY OF LOS ANGELES
AND
THE CITY OF SOUTH GATE
THIS AGREEMENT ("Agreement") is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the "County of Los Angeles"), and the City of South Gate, a public agency (the "Subrecipient").
WITNESSETH
WHEREAS, the u.s. Department of Homeland Security Title 2 Code of Federal Regulations (CFR) through the Office of Grants and Training (G&T), has provided financial assistance for the State Homeland Security Program (SHSP), Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number) 97.Oei7- Homeland Security Grant Program directly to the California Governor's Office of Emergency Services (Cal OES) for the 2023 SHSP, Federal Award Identification No. 037-00000, Federal Award dated October 18, 2023 with a performance period of September 1, 2023 to May 31 2026. This Federal Award is not a R&D award; and WHEREAS, the Cal OES provides said funds to the County or Los Angeles, Unique Entity ID (UEI) #MKQ9AQH7R2S5, as its Subgrantee, and the Chief Executive Office (CEO) is responsible for managing and overseeing the SHSP funds that are distributed to other specified jurisdictions within Los Angeles County; and WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to asSist the Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the County of LosAngeles as Subgrantee has obtained approval of the 2023 SHSP grant from Cal OES in the total amount of $9,481,457; and WHEREAS, the CEO now wishes to distribute 2023 SHSP grant funds to the Subrecipient in the amount of $40,000, as further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re-allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and
432
WHEREAS, the County of LosAngeles and Subrecipient are desirous of executing this Agreement, and the County of Los Angeles Board of Supervisors on September 10, 2024 authorized the CEO to prepare and execute this Agreement.
NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:
SECTION I
INTRODUCTION
§101. Parties to this Aqreement
The parties to this Agreement are:
A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall ofAdministration, 500 West Temple Street, LosAngeles, CA90012; and
B. City of South Gate, a public agency, having its principal office at §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications must be given are as follows:
The representative of the County of Los Angeles is, unless otherwise stated in this Agreement:
Craig Hirakawa
County of Los Angeles - Chief Executive Office
500 West Temple Street, Room 796
Los Angeles, CA 90012
Phone: (213) 974-1127
[email protected]
Kasey Dizon
County of Los Angeles - Chief Executive Office
500 West Temple Street, Room 796
Los Angeles, CA 90012
Phone: (213) 974-1764
[email protected]
433
2. The representative of Subrecipient is:
Name and Title:
Organizational UEI #:
Address:
City/State/Zip:
Phone:
Email:
With a copy to:
Name and Title:
Organization:
Address:
City/State/Zip:
Phone:
Email:
B. Formal notices, demands and communications to be given hereunder by either party must be made in writing and may be effected by personal delivery, regular u.s. Postal mail service and/or e-mail. In the event of personal delivery or email, the message will be deemed communicated upon receipt by the County of Los Angeles. In the event of mail service, the message will be deemed communicated as of the date of mailing.
C. If the name and/or title ofthe person designated to receive the notices, demands or communications or the address of such person is changed, written notice must be given, in accord with this section, within five (5) business days of said change.
§'i03. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. An employee of Subrecipient is not, and
434
will not be deemed, an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient must so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient must not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This Aqreement Subrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted:
A. Certification and Disclosure Regarding Lobbying, attached hereto as ExhibitA and made a part hereof, in accordance with §411.A.14 ofthisAgreement.
Subrecipient must also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient.
B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411.A.12 ofthisAgreement.
C. Certification Regarding Drug-Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with §411.A.13 of this Agreement.
D. Certification of GrantAssurances, attached hereto as Exhibit D and made a part hereof, in accordance with §4'l1.C of this Agreement.
SECTION II
TERM AND SERVICES TO BE PROVIDED
§201. Performance Period
The performance period of this Agreement is from September 1, 2023 to February 28, 2026, unless the County of Los Angeles, with Cal OES approval, provides written notification to the Subrecipient that the performance period has been extended, in which case the performance period will be so extended by such written notification, as provided in §503, below.
7 435
§202. Use of Grant Funds
A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budgeUexpenditure plan, hereinafter "Budget," for the 2023 SHSP, which has been approved by Cal OES. This information is contained in a copy of the Final Grant Award Letter and Project Worksheet, attached hereto as Exhibit E.
Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County of Los Angeles review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. ITthe Subrecipient does not comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the County of Los Angeles and Cal OES during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect.
Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines.
B. Subrecipient agrees that grant funds awarded will be used to supplement existing funds for program activities, and will not supplant (replace) non-Federal funds.
C. Subrecipient must review the Federal Debarment Listing at https://www.sam,qov/search/ prior to the purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified.
D. Prior to the purchase of equipment or services utilizing a sole source contract or the receipt of single bid response of $250,000.00 or more, justification must be presented to CEO, who upon review will request approval from Cal OES. Such approval in writing must be obtained prior to the commitment of funds.
E. Subrecipient must provide any certifications or reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement, including progress on meeting program goals. Reports must be in the form requested by the County of Los Angeles, and must be provided by the fifteenth (15th) of the following month. Subrecipient is required to complete any survey requests requested by the County of Los Angeles. Subrecipient must also submit completed Project Claims for reimbursement immediately or a minimum on a quarterly basis, and no later than the date stated in §201, above.
F. SubrecipientmustprovideanelectroniccopyoftheirAnnualSingleAuditReport, as required by Title 2 Code of Federal Regulations (C.F.R) Part 200, to the County of Los Angeles within 30 calendar days after receipt of the auditor's
436
report(s). In the event the Subrecipient does not meet the Single Audit Threshold expenditure amount in a fiscal year, the Subrecipient must provide the County of Los Angeles a copy of a letter sent to State Controller's Office noting the Single Audit Threshold was not met, and its exempt status within nine months after the end of the Subrecipient's fiscal year, unless otherwise approved by the County of Los Angeles.
G. Subrecipient may be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal OES grant program requirements. The County of Los Angeles anticipates that said monitoring may include, at a minimum, one onsite visit during the term of this Agreement. Monitoring will utilize a Review Instrument (sample attached hereto as Exhibit H, and subject to periodic revisions) to evaluate compliance.
H. Subrecipient must provide Corrective Action Plan(s) to CEO within thirty (30) days of any audit finding.
1. Subrecipient use of the Los Angeles Regional Interoperable Communication System's Motorola Solutions, Incorporated Land Mobile Radio System Contract to purchase equipment is unallowable unless the Subrecipient can clearly demonstrate to CEO it meets one of the four federal exceptions to necessitate a noncompetitive procurement before issuance of any contract, amendment, or purchase order.
J. Subrecipient shall not use grant funds to purchase, extend, or renew any Telecommunications and Video Surveillance services and equipment as substantial or essential component of any system, or as critical technology as part of any system which the Secretary of Defense, in consultation with Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an owned, controlled by, or connected to the People's Republic of China such as and not limited to Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); or Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
K. Any equipment acquired pursuant to this Agreement must be authorized in the G&TAuthorized Equipment List (AEL) available online at
https://www.fema.qov/authorized-equipment-list and the Funding Guidelines of the 2023 SHSP Notice of Funding Opportunity, incorporated by reference, and attached hereto as Exhibit F. Subrecipient must provide the CEO a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements and any added Cal OES requirements. Federal procurement requirements for the 2023 SHSP can be found at Title 2 CFR Part 200.313.
437
Any equipment acquired or obtained with Grant Funds:
1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant;
2. Will be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan;
3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan.
L. Equipment acquired pursuant to this Agreement will be subject to the requirements of Title 2 CFR Part 200.313. For the purposes of this subsection, "Equipment" is defined as tangible nonexpendable property, having a useful life of more than one year which costs $5,000.00 or more per unit. Items costing less than $5,000.00, but acquired under the "Equipment" category of the Grant must also be listed on any required Equipment Listing.
1. Equipment must be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.
2. Subrecipient must make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by the awarding agency.
3. An Equipment Listing must be maintained listing each item of Equipment acquired with SHSP funds. The Equipment Listing must be kept up to date at all times. Any changes must be recorded in the Listing within ten (10) business days and the updated Listing is to be forwarded to the County of Los Angeles Auditor-Controller (A-C) Shared Services Division. The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title, (e) the acquisition date, (f) and cost of the property, (g) percentage of Federal participation in the cost of the property, (h) the location, (i) use and condition of the
438
property, (j) and any ultimate disposition data including the date of disposal and sale price of the property. Records must be retained by the subrecipient pursuant to Title 2, Part 200.313 (d) (1 ) of the CFR.
4. All Equipment obtained under this Agreement must have an appropriate identification decal affixed to it, and, when practical, must be affixed where it is readily visible.
5. A physical inventory of the Equipment must be taken by the Subrecipient and the results reconciled with the Equipment Listing at least once every two years or prior to any site visit by State or Federal auditors or County of Los Angeles monitors. The Subrecipient is required to have on file a letter certifying as to the accuracy of the Equipment Listing in the frequency as above, and provide to the CEO when requested.
M. Any Planning paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F or subsequent grant year programs.
N. Any Organization activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.
0. Any Training paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F, and must be first submitted to CEO and then pre-authorized by Cal OES. A catalog of federally approved and sponsored training courses is available at https://www.firstrespondertraininq.qov/frts/.
P. Any Exercise paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.qov/hseep.
Q. Any Personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.
R. Subrecipient must provide to CEO a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timeframe. Subrecipient must submit the spending plan to CEO prior to final execution of this Agreement.
S. Pursuant to this Agreement, indirect costs are not reimbursable.
439
SECTION Ill
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant amount of $40,000 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Los Angeles. All expenditures must be for the purchase of equipment, exercises, training, organization, and planning as described in Section II of this Agreement. The grant amount represents the amount allocated to Subrecipient in the 2023 SHSP Grant Award Letter from Cal OES.
B. Subrecipient must submit reimbursement requests to the County of Los Angeles A-C Shared Services Division requesting payment as soon as a Project is completed and expenses are incurred and paid with the required supporting documentation; submission can be sent immediate(y or at a minimum on a quarterly basis, and no later than the date stated in §201, above. Each reimbursement request must be accompanied by the Reimbursement Form (sample attached hereto as Exhibit G, and subject to periodic revisions). All appropriate back-up documentation must be attached to the reimbursement form, including the method of procurement, bid documentation, purchase orders, invoices, report of goods received, and proof of payment.
For Training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from Cal OES and that a Cal OES Feedback number has been assigned to the course, and timesheets and payroll registers for all training attendees.
For Exercise reimbursements, Subrecipient must enter the AfterAction Report (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within sixty (60) days following completion of the exercise and submit proof of prior State approval of the AAR with the reimbursement request.
For Planning reimbursements, Subrecipient must include a copy of the final tangible product.
C. The County of Los Angeles may, at its discretion, reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon approval by the County of Los Angeles of a Subrecipient reimbursement submission, inquiry from the County of Los Angeles to the Subrecipient regarding fund utilization, or by written notification from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in
12440
§301.A., above, will not be utilized. As provided in §503, below, any increase or decrease in the grant amount specified in §301.A., above, may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.
D. Payment of reimbursement request will be withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement.
E. It is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein.
F. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds.
County of Los Angeles will make a good-faith effort to notify Subrecipient, in writing, of such non-appropriation at the earliest time.
SECTION IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and do not, and will not be deemed to, affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement will be construed according to its fair meaning and not strictly for or against either party. §402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder must comply with all applicable laws of the United States ofAmerica, the State of California, and the County of Los Angeles.
This Agreement will be enforced and interpreted, as applicable, under the laws of the United States ofAmerica, the State of California and the County of Los Angeles.
If any part, term or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any law of a Federal, State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement will not be affected thereby.
441
Applicable Federal or State requirements that are more restrictive will be followed.
§403. Inteqrated A(:)reement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in all events, no party may recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§405. Prohibition Aqainst Assiqnment or Deleqation
Subrecipient may not do any of the following, unless it has first obtained the written permission of the County of Los Angeles:
A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §406. Permits
Subrecipient and its officers, agents and employees must obtain and maintain all permits and licenses necessary for Subrecipient's performance hereunder and must pay any fees required therefor. Subrecipient Further certifies that it will immediately notify the County of Los Angeles of any suspension, termination, lapse, non-renewal or restriction of licenses, certificates, or other documents. §407. Nondiscrimination and Affirmative Action
Subrecipient must comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States ofAmerica, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient must not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion,
442
national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition.
Subrecipient must comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).
If required, Subrecipient must submit an Equal Employment Opportunity Plan to the Department of Justice Office of Civil Rights in accordance with guidelines listed at https://www.justice.qov/crt.
Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this §407 of this Agreement.
§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement, and the parties agree that this indemnity provision will apply and will be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2.
To achieve the above-stated purpose, each party agrees to indemni'§ and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
443
§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or agents may participate in selecting, or administrating, any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:
1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or
3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §871 00 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" means domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.
2. The term "Financial or other interest" means:
a. Any direct or indirect financial interest in the specific contract, including but not limited to, a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.
C. The Subrecipient further covenants that no officer, director, employee, or agent may solicit or accept gratuities, favors, or anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).
444
D. The Subrecipient may not subcontract with a former director, officer, or employee within a one-year period following the termination of the relationship between said person and the Subrecipient.
E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient must disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the parties agree that references are made to the guidelines, rules, and laws of the County of Los Angeles, State of California, and Federal regulations regarding conflict of interest.
G. The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.
H. The Subrecipient covenants that no member, officer or employee of Subrecipient may have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.
I. The Subrecipient must incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and must substitute the term "subcontractor" For the term "Subrecipient" and "sub subcontractor" for "Subcontractor".
§4'lO. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.).
§4'l 1. Statutes and Requlations Applicable To All Grant Contracts A. Subrecipient must comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.
/7 445
These requirements include, but are not limited to:
1 . CFR
Subrecipient must comply with Title 2 CFR Part 200.
2. SinqleAuditAct
Since Federal funds are used in the performance of this Agreement, Subrecipient must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), 2 CFR Part 200 and any administrative regulation or field memos implementing the Act.
3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC §§12101 et seq., and its implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither may any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement may be used for any sectarian purpose or to support or benefit any sectarian activity.
Subrecipient must file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient must require that the language or this Certification be included in the award documents for all subawards at all tiers and that all subcontractors certify and disclose accordingly.
ff 446
5. Records Inspection
At any time during normal business hours and as often as either the County of Los Angeles, the u.s. Comptroller General or the Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all of its records with respect to all matters covered by this Agreement. The County of Los Angeles, the u.s. Comptroller General and the Auditor General of the State of California have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's method of procurement, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.
Subrecipient agrees to provide any reports requested by the County of Los Angeles regarding performance of this Agreement.
6. Records Maintenance
Records, in their original form, must be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period five (5) years after termination of this Agreement and affer final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles.
7. Subcontracts and Procurement
Subrecipient must, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts include but are not limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.
Subrecipient must, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor agreements. The Subrecipient must submit all Subcontractor agreements to the County of Los Angeles for review prior to the release of any funds to the Subcontractor. The Subrecipient must withhold funds to any Subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor agreement.
447
8. Labor
Subrecipient must, as applicable, comply with the Intergovernmental Personnel Act of 1970 (42 u.s.c. §§4728-4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 CFR 900, Subpart F).
Subrecipient must, as applicable, comply with the provisions of the DavisBacon Act (40 Ll.S.C. §§276a to 276a-7); the Copeland Act (40 u.s.c. §276c and 18 u.s.c. §874); the Contract Work Hours and Safety Standards Act (40 u.s.c. §§327-333), regarding labor standards for federally-assisted construction subagreements; and the Hatch Act (5 USC §§1501-1508 and 7324-7328).
Subrecipient must, as applicable, comply with the Federal Fair Labor Standards Act (29 u.s.c. §201 ) regarding wages and hours of employment.
None of the funds may be used to promote or deter union/labor organizing activities. CA Gov't Code Sec. I 6645 et seq.
9. Civil Riqhts
Subrecipient must, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title Vl of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 u.s.c. §§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 LI.S.C. §794), which prohibits discrimination on the basis of disabilities; (d) the Age Discrimination Act of 1975, as amended (42 u.s.c. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 9'l -6'l 6), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 u.s.c. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 u.s.c. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; O) the requirements of any other nondiscrimination statute(s) that may apply to the application; and (k) P.L. 93-348 regarding the protection of human
448
subjects involved in research, development, and related activities supported by this award of assistance.
10. Environmental
Subrecipient must, as applicable, comply, or has already complied, with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result or Federal or Tederally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.
Subrecipient must, as applicable, comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification ofviolating facilities pursuant to EO 1l 738; (c) protection of wetlands pursuant to EO 11 990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 u.s.c. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section I 76(c) of the Clean Air Act of 1955, as amended (42 u.s.c. §§7401 et seq.); (g) protection of underground sources or drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93- 523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §1 02(a) (P.L. 93-234).
Subrecipient must, as applicable, comply with the Wild and Scenic Rivers Act of 1968 (16 u.s.c. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
Subrecipient must, as applicable, comply with the Lead-Based Paint Poisoning Prevention Act (42 u.s.c. §§4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
Subrecipient must, as applicable, comply with the Federal Water Pollution Control Act (33 u.s.c. §1251 et seq.), which restores and maintains the chemical, physical and biological integrity of the Nation's waters.
Subrecipient must, as applicable, ensure that the facilities under its ownership, lease or supervision that are utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Granter agency of the receipt of any communication from the Director of the EPA Office of Federal
449
Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.
By signing this Agreement, Subrecipient warrants and represents that it will, as applicable, comply with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq.
Subrecipient must, as applicable, comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871 ).
Subrecipient must, as applicable, comply with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 u.s.c. 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System.
11. Preservation
Subrecipient must, as applicable, comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 u.s.c. §470), EO 11593 (identification and protection of historic properties), and theArchaeological and Historic Preservation Act of 1974 (16 u.s.c. §§469a-1 et seq.).
12. Suspension, Debarment, Ineliqibility and Voluntary Exclusion Subrecipient must, as applicable, comply with Title 2 CFR Part §3000, regarding Suspension and Debarment, and Subrecipient must submit a Certification Regarding Debarment, attached hereto as Exhibit B, required by Executive Order 12549 and any amendment thereto. Said Certification must be submitted to the County of Los Angeles concurrent with the execution of this Agreement and must certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.
13. Druq-Free Workplace
Subrecipient must, as applicable, comply with the federal Drug-Free Workplace Act of 1988, 41 LISC §701, Title 44 Code or Federal Regulations (CFR) Part §1 7; the California Drug-Free Workplace Act of 1990, CA Gov't Code §§8350-8357, and Subrecipient must complete the Certification Regarding Drug-Free Workplace Requirements, attached hereto as Exhibit C, and incorporated herein by reference. Subrecipient must require that the language or this Certification be included in the award documents for all subaward at all tiers and that all subcontractors certify accordingly.
450
14. Lobbyinq Activities
Subrecipient must, as applicable, comply with 31 u.S.C.1352 and complete the Disclosure of Lobbying Activities, (OMB 0038-0046), attached hereto as ExhibitA, and incorporated herein by reference.
15. Miscellaneous
Subrecipient must, as applicable, comply with the Laboratory Animal WelTare Act of 1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.).
B. Statutes and Regulations Applicable To This Particular Grant Agreement Subrecipient must comply with all applicable requirements of State and Federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program.
Subrecipient must, as applicable, comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.
These requirements include, but are not limited to:
Title 2 CFR Part 200; EO 12372; u.s. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.
Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division I of Title 2, §8607.1 (e) and CCR Title 19, §§2445-2448.
Provisions of Title 2, 6, 28, 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to Federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit
23 451
Organizations; and Part 83, Government-Wide Requirements for a Drug Free Workplace (grants).
Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations.
1. Travel Expenses
Subrecipient, as provided herein, will be compensated for Subrecipient's reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Subrecipient's total travel for in-State and/or out-of-State and per diem costs must be included in the contract budget(s). All travel, including out- of-State travel, that is not included in the budget(s) will not be reimbursed without prior written authorization from the County of Los Angeles.
Subrecipient's administrative-related travel and per diem reimbursement costs will not be reimbursed. For programmatic-related travel costs, Subrecipient's reimbursement rates may not exceed the amounts established under the grant.
C. Compliance With Grant Requirements
To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements are included in Exhibit F and in the State's "GrantAssurances". By signing these GrantAssurances and accepting Exhibit F, the County of Los Angeles became liable to the State for any funds that are used in violation of the grant requirements. The State's Grant Assurances are incorporated into this Agreement through Exhibit D. Subrecipient will be liable to the Granter for any funds the State determines the Subrecipient used in violation of these Grant Assurances.
Pursuant to this Agreement, Subrecipient shall execute the 2023 Certification of GrantAssurances in Exhibit D, accepting and agreeing to abide by all provisions, assurances, and requirements therein. Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances.
To the extent Exhibit D conflicts with language or provisions contained in this Agreement, or contains more restrictive requirements under Federal and State law, Exhibit D shall control.
2f;[452
D. Noncompliance With Grant Requirements
Subrecipient understands that failure to comply with any of the above assurances and requirements, including Exhibit D, may result in suspension, termination or reduction of grant funds, and repayment by the Subrecipient to the County of Los Angeles of any unauthorized expenditures.
§412. Federal, State and Local Taxes
Federal, State and local taxes are the responsibility of the Subrecipient as an independent party and not of the County of Los Angeles and must be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program.
§413. Inventions, Patents and Copyriqhts
A. Reporting Procedure for Inventions
If any project produces any invention or discovery ("Invention") patentable or otherwise under Title 35 of the u.s. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the Subrecipient must report the fact and disclose the Invention promptly and fully to the County of Los Angeles. The County of Los Angeles will report the fact and disclose the Invention to the State. Unless there is a prior agreement between the County of Los Angeles and the State, the State will determine whether to seek protection on the Invention. The State will determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ("Policy") embodied in the FederalAcquisition Regulations System, which is based on Ch. 18 of Title 35 u.s.c. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, Title 37 CFR Part 401 ); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/1 8/1 983); and Executive Order 12591, 4/1 0/87, 52 FR 13414, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 1 2/22/87, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy.
B. Rights to Use Inventions
As applicable, County of Los Angeles will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement.
2>" 453
C. Copyright Policy
1. Unless otherwise provided by the State or the terms of this Agreement, when copyrightable material ("Material") is developed under this Agreement, the County of Los Angeles, at its discretion, may copyright the Material. If the County of Los Angeles declines to copyright the Material, the County of Los Angeles will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.
2. The State will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement.
3. Subrecipient must comply with Title 24 CFR 85.34.
D. Rights to Data
The State and the County of Los Angeles will have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by Title 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 u.s.c. Section 401 or 402, the State acquires the data under a copyright license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
Subrecipient must require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. §414. Child SupportAssiqnment Orders
Under the terms of this Agreement, Subrecipient must, as applicable, comply with California Family Code Section 5230 et seq.
§415. Minority, Women, And Other Business Enterprise Outreach Proqram It is the policy of the County of Los Angeles to provide Minority Business Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient's contracts,
26454
including procurement, construction and personal services. This policy applies to all of the Subrecipient's contractors and sub-contractors. §416. Compliance with Fair Chance Employment Practices
Subrecipient shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination:
Conviction History. Subrecipient's violation of this paragraph of the Agreement may constitute a material breach of the Agreement. In the event of such material breach, County of Los Angeles may, in its sole discretion, terminate the Agreement.
§417. Method of Payment and Required Information
The County of Los Angeles may, at its sole discretion, determine the most appropriate, efficient, secure, and timely form of payment provided under this Agreement. Subrecipient further agrees that the default form of payment shall be Electronic Funds Transfer (EFT) or Direct Deposit, unless an alternative method of payment is deemed appropriate by the A-C.
Subrecipient shall provide the A-C with electronic banking and related information for the Subrecipient and/or any other payee that the Subrecipient designates to receive payment pursuant to this Agreement at
https://directdeposit.lacounty.qov/. Such electronic banking and related information includes, but is not limited to: bank account number and routing number, legal business name, valid taxpayer identification number or TIN, a working e-mail address capable of receiving remittance advices and other payment related correspondence, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.
Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or Direct Deposit shall supersede this requirement with respect to those payments. At any time during the duration of this Agreement, the Subrecipient may submit a written request for an exemption to this requirement and must be based on specific legal, business or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary. The A-C, in consultation with CEO, shall decide whether to approve exemption requests.
27455
SECTION V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501 Defaults
Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.
§502. Termination
This Agreement may be terminated, in whole or in part, from time to time, when such action is deemed by the County of Los Angeles, in its sole discretion, to be in its best interest. Termination of work hereunder shall be effected by notice of termination to the Subrecipient specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective.
The date upon which such termination becomes effective shall be no less than ten (10) days after the notice is sent.
§503. Amendments
Except as otherwise provided in this paragraph, any change in the terms or this Agreement, including changes in the services to be performed by Subrecipient, that are agreed to by the Subrecipient and the County of Los Angeles must be incorporated into this Agreement by a written amendment properly signed by persons who are authorized to bind the parties. Notwithstanding the foregoing, any increase or decrease of the grant amount specified in §301.A., above, or any extension of the peformance period specified in §201, above, does not require a written amendment, but may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.
SECTION Vl
ENTIRE AGREEMENT
§601. Complete Aqreement
This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation or other communication with any officer or employee of either party will affect or modify any of the terms and conditions of this Agreement.
456
§602. Number of Paqes and Attachments
This Agreement may be executed utilizing wet, scanned digital, and electronic signatures, each of which is deemed to be an original. This Agreement includes (27) pages and (8) Exhibits which constitute the entire understanding and agreement of the parties.
[Remainder of this page intentionally left blank]
27 457
IN WITNESS WHEREOF, the Subrecipient and the County of Los Angeles have caused this Agreement to be executed by their duly authorized representatives.
COUNTY OF LOS ANGELES
BY
FESIA A. DAVENPORT
Chief Executive Officer
Date
BY
EDWARD YEN
Executive Officer, Board of Supervisors
APPROVED AS TO FORM
DAWYN R. HARRISON
County Counsel
BY
OSCAR VALDEZ
Auditor-Controller
BY
Deputy County Counsel
CITY OF SOUTH GATE
C AttorneV (Signature- If Needed) (Print Name)
ATTEST
BY
C!7 Clerk (Signature-If Needed) (Print Name)
Date
Date
Date
)D458
EXHIBITS
ExhibitA Certification and Disclosure Regarding Lobbying Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
EXhibit C Certification Regarding Drug Free Workplace
Exhibit D Certification of Grant Assurances
Exhibit E Final Grant Award Letter and Project Worksheet Exhibit F 2023 Notice of Funding Opportunity & 2023 Cal OES Supplemental to Federal Notice of Funding Opportunity
Exhibit G Reimbursement Form and Instructions
Exhibit H Monitoring Instrument
459
EXHIBIT A
Cal OES
@OVERNOR."5 flFP1e!
OF EWJROENCY SERVICES
Certification Regarding Lobbying
Certification For Contracts, Grants, Loans, and Cooperative Aqreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgran+s, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or erfered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 3i u.s. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $!00,000 Foreach such failure.
460
Cal OES
OClVtflNOR'S OFPIC!
OF EHERaENCY SERVICES
Certification Regarding Lobbying
EXHIBIT A
The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 u.s.c. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Subrecipient:
Signature of Authorized Agent:
Printed Hame of Authorized Agent:
Title: Date:
461
EXHIBIT B
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 10WER TIER COVERED TRANSACTIONS
This certification is required by the regulations Implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 24 Section 24,510, Participants' responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarify excluded from participation in this transaction by any Federal department or agency.
Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal,
AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AuTHORIZED REPRESENTATIVE
SIGNATURE DATE
Ja{462
EXHIBIT B
1N8TRUCT10NS FOR CERTIFICATION
a1. By signing and submlttlng thls document, the prospective recipient of Federal assistance is provldlng the certlficatlon as set out below.
2. The certlflcatlon In this clause is a material representation of fact upon which reliance was placed when thls transactlon was entered Into. If it is later determined that the prospe:,tlve recipient of Federal assistance funds knowingly rendered an erroneous certifk,atlon, In addition to other remedles available to the Federal Govemment, the department or agency wlth whlch thls transaction originated may pursue availabte remedies, includlng suspension and/or debarment,
3. The prospective recipient of Federal assistance funds shall provide Immediate written notice to the person to which this agreement Is entered, ff at any time the prospective recipient of Federal assistance funds learns that Recertification was enoneous, when submitted or has become erroneous by reason of changed circumstances. 4, The terms 'covered transaction." debarred," suspended," lneliglble,' "lower tier covered transaction," partlclpant," "person," ' primary covered transactlon," principal,' "proposal," and 'voluntarlly excluded," as used in this clause, have the meanings set out In the Definitions and Coverage sections of rules Implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transadion be entered into, It shall not knowlngly enter Into any lower tier covered transaction with a person who Is debarred, suspended, declared ineligible, or voluntarily excluded from participation on this covered transaction, unless authorized by the department or agency with whk,h this transactlon originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will Include the clause tltled "Certification Regardlng Debarment, Suspension, Inellglbility and Voluntary Exclusion Lower Tier Covered Transactions,' without modification, In all lower tler covered transactions and in all sollcltatlons for lower tier covered tyansactions,
7, A participantIna coveredtransactionma}rel7 uponacertificationof a prospective partk,lpant In a lower tler covered transaction, unless It knows that the certification Is ernoneous. A partk,ipant may decide the method and frequency by which it determines theeligibilityofItsprincipals.Eachpartk,lpantmay,butIsnotrequlredto,checkthe!!L! of Partles Excluded from Procurement or Non Procutement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records In order to render In good faith the certification requlred by this clause.
The knowledge and information of a partlclpant Is not required to exceed that which Is normally possessed by a prudent person In the ordinary course of business deallngs.
9. Except for transactions authorized under Paragraph 5 of these instructlons, if a participant In a covered transaction knowingly enters Into a lower tier covered transactlon with a person who is suspended, debaned, ineligible, or voluntary excluded form partk;lpatlon In this transaction, in addition to other remedies available to the Federal Government, the department or agency with whlch this transadlon orlginated may pursue available remedies, including suspension and/or debarment.
3j' 463
EXHIBIT C
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD. 21
COMPANY/ORGANIZATION NAME:
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or subgrant:
(a) Will receive a copy of the company's drug-free policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or subgrant.
CERTIFICATION
1, the official named below, hereby swear that I am duly authorized legally to bind the contractor or Recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California.
OFFICAL'S NAME DATE EXECUTED
EXECuTED IN THE COUNTY OF
CONTRACTOR or RECEIPEINT SIGNATURE
TITLE
FEDERAL I.D. NUMBER
Page I of 2
464
EXHIBIT C
ST ATEMENT ON THE DRUG-FREE WORKPLACE
To comply with the enactment of Senate Bill 1120, (Chapter 1l 70, Statutes or 1990), which established the Drug-Free Workplace Act of 1990, the
(your agency)
accordingly provides this statement of compliance.
In order to maintain funding eligibility, state agencies, along with those in receipt of grant and contractual awards, must certify that they provide drug-free workplaces and have issued drug-free workplace statements to their employees [Section 8355(a) of the Government Coded. Consequently, in accordance with this directive, this statement is issued to meet this requirement.
The (your agency), an agency within the State of California has adopted this statement in compliance with legislation which addresses issues to avoid the dangers arising from drug and alcohol abuse in the workplace. These dangers include death and injury to the employee, co-workers, or the public resulting from accidents, dereliction of duty, poor judgment and carelessness. Substance abuse also results in lost productivity, reduced efficiency, and increased absenteeism by the substance abuser and inteferes with the job performance of employees who do not use illegal or unauthorized substances. [Section 8355(b) (1)]
California law prohibits the unlawful manufacture, dispensation, possession, or illegal use of a controlled substance. That prohibition extends to all places and includes the worksite of California state employees. [Section 8355(a)]
Employees convicted of a violation of criminal drug statute, when the violation occurred at an employee's worksite, shall report the conviction to the granting and monitoring State agency upon conviction. [Section 8356(a)(1)(2)]
In the event of the unlawful manufacture, distribution, dispensation, possession or illegal use of a controlled substance at a State worksite, the State may take disciplinary action pursuant to the law and/or require the satisfactory completion of a drug abuse assistance or rehabilitation program. [Section 8355(b)(4)] The Employee Assistance Program (EAP) provides drug problem assessment and referral to appropriate counseling and rehabilitation services. The EAP is available to all agency employees. Procedures exist to ensure the confidentiality of EAP records. Contact your personnel office for further information.
It is the intent of the (youragency) to ensure by execution of this statement of compliance that each employee shall abide by the terms of this drug-free workplace statement. [Section 8355(c)]
37 465
EXHIBIT D
EXHIBIT D
COUNTY OF LOS ANGELES
2023 CERTIFICATION OF GRANT ASSURANCES
As the duly authorized representative of the Subrecipient, I hereby certify Subrecipient's complete acceptance of Exhibit D, and agreement to abide by all provisions, assurances, conditions and requirements of the Grant Assurances therein.
BY
City Representative/Title (Signature) (Print Name) Date
APPROVED AS TO FORM
BY
C!t} AttorneV (Signature) (Print Name) Date
ATTEST
BY
at'/ Clerk (Signature) (Print Name) Date
HOA.102204513 l
?p
466
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant hos the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed +imelines.
The requirements outlined in these assunonces apply to Applicant and any of its subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at h+tp://www.whitehouse.gov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
467
EXHIBIT D
(J70ES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) To provide all matching funds required For the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply For federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United Stones Code (u.s.c.), for persons entering into Cl contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United Shrines to insure or guarantee o loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
VD468
EXHIBIT D
C470ES
oovthhos"s oppici
@P eHERa[NCY SERVICE!i
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person For influencing or attempting to influence an officer or employee of any agency, Cl Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit :Sfandard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the aword documents for Cll} subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipien+s shall certify and discloseaccordingly.
The Applicant will also comply with provisions of the Hatch Act (5 u.s.c. §§ 15(]- 1508 and §§ 7324-7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarmenf and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarmen+ and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that if and its subrecipients:
(Cl) Are not presently debarred, suspended, proposed for debarmen+, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state an+itrus+ statutes or commission of embezzlement, theft, forgery, bribery, falsifica+ion or destruction of records, making false statements, or receiving stolen property;
Let469
EXHIBIT D
CalOES
QaVER!tOR'S QPPie@
OF eszat7ey sskvicis
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumera+ed in paragraph (4) (b) or this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
(a) Title Vl of the Civil Rights Act of1964 (Public Law (P.L.) 88-352 and 42 u.s.c. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 u.s.c. §§ 1681-1683, and 1685-1 686), which prohibits discrimination on the basis of sex in any federal(y funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of1973, (29 u.s.c. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 u.s.c. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of l975, (42 u.s.c. §§ 6101-6107), whichprohibi+s discrimination on the basis of age;
[f) Public Health Service Act of 1912 (42 u.s.c. § § 290 dd-2), relating to confidenfialify of patient records regarding subs+once abuse treatment; (g) Title Vlll of the Civil Rights Act of 1968 (42 u.s.c. § 3601 et seq.), relaxing to nondiscrimina+ion in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. PartlOO. The prohibition on disability discrimination includes the requirement that new rnultifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) -
'12470
EXHIBIT D
Cal OES
OD'VtRNOR'S OpPie[
OF EX!R8ENCY S!iRVIC-ES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
be designed and constructed with certain accessible features (See 24 C.F.R. § l00.201 ):
(h) Executive Order ) l246, which prohibits federal contractors and federally assisted construction contractors and subcon+ractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government controctors;
(j) California Public Contract Code § ) 0295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Department of Homeland Security (DHS) policy to ensure the equal treatment or Faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R.
Fart l 9;
[1) The Applicant will comply with California's Foir Employment and Housing Act (FEHA) (California Government Code §§ 12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breas+feeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
[m)Any other nondiscrimina+ion provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimina+ion statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 u.s.c. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
471
EXHIBIT D
CalOES
OaVERNOR'S opPict
OF EMEReENCYSERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387):
(c) Federal Clean Water Act (CWA) (33 u.s.c. § 1251 e+ seq.), which establishes the basic structure for regula+ing discharges of pollu+ants into the waters of the Uni'jed Sfa+es and regula+ing quality standards for surface waters; (d) Federal Clean Air Act ofl955 (42 u.s.c. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-1 90); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human heol+h efiec!s of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordonce with Executive Order ll988;
(g) Executive Order 11514 which sets forth national environmental standards; [h) Executive Order 11738 instituted to assure that each federal agency empowered to enler into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation ofwetlands;
(i) The Safe Drinking Water Act of l 974, (F.L. 93-523); (j) The Endangered Species Act of l 973, (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 u.s.c. §§ l45l et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section l 76(c) of the Clean Air Act of 1955, as amended (42 u.s.c. §§7401 et seq.); and
472
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(m) Wild and Scenic Rivers Act of 1968 (16 u.s.c. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: (1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-anddesist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpar+ F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipienfs, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 u.s.c §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accoun+ability and Transparency Act (FFATA) (P.L. 109-282),including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds,
'ir 473
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
and (b) executive compensation data for first-tier subawards as set Forth in 2 C.F.R.
Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13. Whis+leblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 u.s.c. § 2409, 41 u.s.c. § 47 12, and lO u.s.c. § 2324, 41 u.s.c. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Traffickinq Victims Protection Act of 2000, as amended (22 u.s.c. § 7104) which prohibits the Applicant or its subrecipients from: (1 ) engaging in trafficking in persons during the period of time that the award is in effect: (2) procuring o commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 u.s.c. §§ 276Cl to 276a-7), as applicable, and the Copeland Act (40 u.s.c. § 3145 and 18 u.s.c. § 874) and the Contract Wo-rk Hours and Safety Standards Act (40 u.s.c. §§ 327-333), regarding lobor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 u.s.c. § 201 e+ seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other nonprofit orgoniza+ions.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(O) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
474
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the progrom and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) ASSiStthe awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 u.s.c. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of l 974 (16 u.s.c. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Foisoninq Prevention Act (42 u.s.c. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements or the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as moy be required by the assistance awarding agency or State.
"19. Use of Cellular Device While Driving is Prohibited The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.
tz 475
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 u.s.c. § 552, and the California Public Records Act, California Government Code §7920.000 e+ seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release or information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (Pll) DHS defines personally iden+ifiable information (Pll) as any information that permits the identity of an individual to be directly or indirectly infened, including any information that is linked or linkable to that individual. If the Applicant collec+sPll, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of Fil they collect. The Applicant may reTer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
476
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
24. Copyright
The Applicant must affix the applicable copyright notices ofl7 u.s.c. §§ 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to C)particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 u.s.c. § 6201 which contain policies relaxing to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpaymen+s. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 u.s.c. § 41102) for international air transpor'lotion of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 u.s.c. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 198'l, amendment to Comptroller General Decision B-138942.
29. Hotel and Motel Fire Safety Act of1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 u.s.c. § 2225C).
477
EXHIBIT D
CalOES
eOVtRNDR'S QPPi(.@
OF EHEROENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by I(IW, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 u.s.c. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located C)+ 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order l 3224 and United States ICIWthat prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix Xll, the full text of which is incorporo+ed here by reference in the award terms and conditions.