160
Exhibit A
rj[YLin
10/07/2025
Attn: Ken Tang, P.E.
8650 California Avenue
South Gate, CA 90280
Subject: Additional CM Services for the Citywide Residential Resurfacing Project, PHASE IV, City Project No. 699-ST, and The East Frontage Road Pavement Project, City Project No. 674-ST Dear Ken,
As you are aware, the construction schedule for the Residential Resurfacing Phase IV project is scheduled to be completed on December 3, 2025. At your request, we are pleased to send in our request for additional services to cover the construction schedule and 2 months of close-out period.
Our Construction Management Services are set to expire on October 15, 2025, and we now write to request your approval of a corresponding extension of our existing staff to address the additional requirements of the project.
Please refer to the attached document, prepared in response to the City's request. Key adjustments include the removal of all overtime hours-Bruce will no longer conduct inspections outside regular working hours; a reduction in Construction Management (CM) hours from 32 to 6 per month, thereby assigning the CM role to the City-TYLin will not serve as CM but remains available to provide guidance as needed; and a shift in responsibility for communications and pay estimates, which will now be managed directly by the City. TYLin's scope will be limited to inspection services, with the allocated CM hours used primarily for quantity compilation and data support.
Request Summary
In summary, we are asking the City to increase our Construction Management budget for this project by an amount of $112,537 from $229,926 to $342,463. Please note that this amount does not include any future change order requests.
We trust you will agree to the additional services described above and request your formal approval in order for us to continue our construction management services.
If you have any questions, please do not hesitate to give me a call at 949-460-4640.
Sincerely,
TYLin
Mazen Mneimneh, P.E.
Construction Services Manager
707 Wilshire Boulevard, Suite 4900 i Los Angeles, California 90017 i T 213.943.7960 i www.tylin.com An Affirmatrve Actron / Equal Opportunrty Employer M/F/D/V 161
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AND CONSTRtlCTABILITY REVIEW SERVICES The Citywtde Residential Resurfacing Project, PHASE IV, City Project No. 699-ST, and The East Frontage Road Pavement Project, City Project No. 674-ST (The Project), SOUTH GATE) Additional CM extension (From October 2025 to January 2026) ;:t;mq6iss'rag4+i,." ".4NrTRaCfl(% (5mio4)
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! - Schedule oj Raie Is based on one 8-hour shlfi, ular time natas. 2 - Per City'i Requesi, Cani5nialion usumed lo ba up to 5 moiiihs with 40 houri conimiemhility Reviaw 1- Pnavailhig !Akge Raiei m mibjeci so uiei pmt to the Slate oFCanliiniaax Dapaimieiit of hlmiiial Relations Wage Raje Delemiml)oni 4 Per lha Ckyi iaqiiaig Contmiciioii ManaHmient (caa) how have been mlucal fmhe 32 to 6 hom permon@ effecbye}y deslpabng Toe Cijy as ffie Cotwuchon ManaBa 162
Attachment B Contract No. 2025-03-CC
AGRF,EMENT FOR PROFESSIONAL SERVfCES FOR CONSTRUCTTON
MANAGEMENT AND INSPECTION SERVICES FOR THE CITYWIDE
RESIDENTIAL RESURFACING PROJECT, PHASE IV, CITY PROJECT NO. 699-ST ("RESIDENTIAL RESURFACING PROJECT IV")
This Agrecment for Professional Services for Constniction Maiiagernont and Inspection Services ("Agreement") is made and eritared into on Jaiiuary 14, 2025, by atxd between the City of South Gate, a municipal corporation ("City"), and 'r.y, Lin Interiiational Qmq, a Califomia corporation ("Consultant"), Tl'xe City and Consultant are sometimcs hereinafter individually referred to as a "Party" and collectively as "Parties,"
RECITALS
WiiEREAS, City desires tO retain a qualified provider far Certain SerViCeS rclating tO Construction Management and Inspection Servict,s for the, Citywide Residential Resurfacing Project, Phase IV3. City ProjectNo. 699-ST ("Residential Resurfaciiig Project IV"); WHEREAS, Consultant warraiits to City that it lias tl'ic requisite skills, knowledge, qualifications, manpower ax"id expertise to perform properly and timely the professional services under this Agreement; and
WHE.REAS, based on such representation, City desires to contract with Consulta.nt to perform the professional services described in tlie Proposal attached hereto as Bxhibit "A" of this Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
f. SCOPE OF WORK OR SERVICES. City hereby engages Consultant, mid Consultant accepts sucb engagement, to perform the services set forth in the Proposal as described in Ex1iibit "A." attached hereto and made a part of this Agreement. The Proposa] may be mutuany amended from timc to tinte by both Parties in writing.
2. COMPENSATION. The total amount of compensation for this Agreemcnt shall not exceed thc sum of Two Hundred Tliiiaty Thoiisand Dollars ($230,000) as dcscribed in Exhibit "B." City sha]] pay Consultant forits profcssional scrvicesreridcred andreasonable costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred unbars first approved in writing by the Assistant City Engineer /Director of Public Works.
2.I Consultant shall be rcquired to attend meetings at City Frail as ncccssary in the delivery ofthe projects. Travcl time bctween thc Consultant's o[ticc and City Hall shall not bc billablc; bowevcr, mileagc is an allowable charge reimbursablc at Lhe federal rate. Consultank may request an exemptioii on a case by case basis. 2,2 ConsultantshallsubmittoCityamonthlyinvoiccforservicesrendcredincludcdin F,xhibit "A." Cit'y shall pay Consultant within fot'ty-fiye (45) days of receipt of the 163
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inyoice.
2,3 No payment made hereunder by City to Consiiltant, other than the final payment, shall be construed as an acceptance by City of any work or matcrials, nor as evidence of satisfactory performance by Consuttant of its obligatioris under this Agreement.
'F,RM OF.tGPEEMENT. This Agreement is effective as of December 10, 2024, and win remain in effect for a period of one (1) year from said date or until project completion, unless otherwisc expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein,
CITY AGENT. Tl'ie Assistant City ManagerfDirector of Public Works, for the puyoses of this Agreement, is the agentforthe City. Wbeneverapproval or authorizationisrequired, Consultantunderstands that the Assistant City Manager /Director of Public Works has the authority to provide that approval or authorization.
CONFLICT OF INTEREST. Consultant represents that it presently has no intcrest and shall not acquire any interest, direct or indirect, in any real property located within City which may be affected by the scrvices to be pcrfoimed by Co'nsultant under this Agreement. Consultantfurtherrepresents thatinperformanccofthisAgreemcnt,riopcrson having such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop duriny the term of this Agrecment.
5.1 Consultant represents that no City employee or official has a material financial interest in Consultant's business. Driring the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's business or in this Agreement by any City employee or official.
GENERAL TERMS AND CONDiTIONS,
6.1 Termination for Convenience. City may terminatc this Agreemen.t at any time without cause by giving fi:lteen (15) days written notice to Consultant of such termination and specifying the effective datctliereof. in that event, all tinishcd or unfinished documents and other matcrials shall, at the option of City, become its propcrty, If this Agrccment is terminated by City as provided herein, Consultant wil] bc paid a total ainount equal to its outstanding fees for serviccs rendcred as of the termination date. Inno event shall thc amount payablc upon termination excecd the total maximum compcnsation providcd for in this Agrccment.
6.2 Termination for Cause.
6,2.I City may, by written noticc to Consultant, tcrminatc the wholc or any part 164
Agreement for Professional Services
'r.y. Lin Intcri'iational.
of this Agreement in any of the following circumstances:
a.
b.
If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized exte:nsion thereof; or
If Consultant fails to perfottn the services called for by this Agreement or so faiIs to make progress as to endanger perfoimance of this Agreement in accordancewithits terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period as City may authorize in writing) aver receipt of notice from City specifying such failure.
6.2.2 In thc event City terminates this Agreement in whole or in part as provided abovc in Subsection 6.2.1, City may procure, upon such terms and in such manner as it may deenn appropriate, serviccs similar to those terminated.
6.2.3 If this Agreement is terminated as provided above in Subsection 6.2. 1, City may require Consultant to provide all finished or unfinished documents, data, studies, cfrawings, maps, photograplis, repom, fitms, charts, sketches, computation, surveys, models, or other giinilar documentation prepared by, Upon such terinination, Congultant shall be paid an amourit equal to the value of the work performed. In ascertaining the value of' the work performed up to tl'ie date ofterininatiori, consideration shall be given to both completed work ai'id work in progress, to complete and incomplete drawings, andto other documents wlietherdeliveredto City or in possession of Consultant, and to authorized reimbutsement expenses.
6.2,4 If, after notice of termination of the Agreement under the provisions of Subsection 6.2.1 above, it is determinetl, forany reason, that Consultant was not in default, or that the default was cxctisable, than the rights and obligations of the I'arties shall tic tlie same as if the noUcc of terinination had been issued pursuant to Subscction 6. l above.
6.3 Non-Assignabfijty. Consultant shall rxot assign or transfer any ixiterest in Lhis Agrccment without the exprcss prior writtcn consent of City.
6.4 Non-Discrim!nation.
6.4.1 Consultant sliall not discrimii'iate against any empioycc, subcontractor, or app[icant for employment bccause of race, cteed, gcnder, gendcr identity (including gendcr ex'pression), color, rcligion, axiccsty, sexual orientation, nationa[ origin, disability, age, marital status, family/parental status, or vetcran/military status, in the performance of its services and dutics pursuant to lhis Agreemcnt and will comply witb all applicable laws, ordinances and codes of the Fedcral, State, and County and City 165
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governments. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, andthat employees are treated during employment without regard to their race, color, religion, ance,stry, sex, national origin, disabled orage. Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, a.re firee from such discrimination. Such cmployn'ient practices include but are not limited to hiring, upgradinH, demotion, traiisfr;'r, recruitment, recruitmcnt adveitising, layoff, tertnination, rates of pay or other forins of compensation, and selection tor (raining, including apprenticeship.
6,4.2 The provisions of Subsection 6.4.1 above shall be iticluded in all solicitations or advertisements placed by or on belialf of Consultant for personnel to perform any services under thts Agreement. City shall have access to all documents, data and records of Consultant and its gubcontractors for purposes of detennining compliance with the equal employinent opportunity and ixon-discrimiriationprovisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporatedliereinbythisreference.AcopyofExecutiveOrderNo. 11246 (relating to federal restrictions against discriminatorypractices) is available for rcview and on f'ile with the City Clerk's Office.
6.5 Insurance. Consultant shall submit to City certificates indicating compliance witli the following minimum isurance requirements 110 less than one (1) day prior to beginning ofperformance under this Agrceme.iit:
6.5.1 Workers' Compensation msurai"yce as required by law. Consultant shall require all subcontractors simUarlyto provide such compensatiori insurance for their respectivc employccs.
6.S.2 Comprchensive general and automotive liability insurance protec(ing Consultant in amounts not less than $1,000,000 for pcrsonal injury to any one pcrson, $1,000,000 for jnjurics arising out of one occurrence, and $500,000 for property damages or a combincd single limit of $1,000,000, with an aggregatc of $2,0001000, IEach such policy of insurance shall:
a. Bc issued by a financially responsible insurance company or companies admitted or authorizcd to do business in the State of California or wliich is approved in wriling by City. b. NameandlislasaddilionalinsuredCity,itsofficersandemployccs, c, Specii'y its acts as primary iirsurancc.
d, Contain a clausc substantially in thc following words: "Tt is liereby understood and agreed (hat this policy shall not be canceled or matcrially changed cxcept upon thiity (30) hys prior writtcn noiice to City of such cancellation or material change."
iO
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e. Covcr the operations of Consultant pursuant to tlie ternns of this Agreement.
6,6 Indemnification. Consultant agrees to indemnify, dcfcnd and hold harmless City and/or any othet City agency, incltiding other cmployccs, officers and representatives, for/from any and all claims or actiotis of any kind asserted agairist City and/or any other City agency maising out of Consultant's (includirig Consultant's employecs, representatives, protlucts and subcontractors) negligent perfotmance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any othcr City agency, or any thirdparties not acting on behalf of, at the direction of, or under the control of Consultant,
6.7 Compliance With Applicable Law. Consultant and City sha!l comply with all applicable laws, ordinances ari.d codes of the federal, state, county and city governments, without regard to conflict of law principles.
6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as betwcen City and Consultant.
6.8.1, Consultant shall be an independent Consultant and sliall have no posver to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Corisultant expressly warrants not to, at any time or in any manncr represe'nt that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood tbat Consultant is and shall at all times rem.ain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribcd by this Agreement.
6,8.2. Indemnification of CalPERE Dctcrminat'ion. In the event that Consultant or any cmployee, agent, or subcontractor of Consultant provicting sci:'vices under this Agreement claims or is deterinined by a court of compctent jurisdiction or CalPERS to l>c eligible for enrollment in Cal'PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the paymcnt of any employee and/or employcr contributions for CalPERS benefits on behalf' of Consultant or its cmp]oyccs, agents, or subcontractors, as well as for the payment of any fccs asscssed and interesl which would othcrwise be the responsibilii'y of City.
6.8.3 Business Licensc Required, According to Title 2.08.40 or lhe South Gate Municipal Codc, a business license will be requircd prior to doing l>usiness (l167
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within the City, even if the business is located outside of the City.
Verification of a vaiid South Gate busiriess license will be required prior to start of work and any fees associated with the acquisition ormaintenarice of such business license shall be the sole responsibility of the Consultan(:.
6.9 Consultant's Personnel.
6.9.1 All services required under this Agreement will be performed by Consultant, orunder Consultant's directsupervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate liusincss license as required by Uhe South Gatc Municipal Code.
6.9.2 Consultantshallbesolelyregponsibleforthesatisfactoryworkperformarice ofall personnel engaged inperforimng servicesrequired bythis Agrccment3 and compliance witb all reasonable performatice standards established by City.
6.9.3 Consultant sliall be responsible for payment of alk employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, ayid Social 8ecurity.
6.9.4 Consultant shall indemnify and hold harmless the City and all other related entities, officers, employees, and representatives, from any liability, damages, claims, costs and expermes of any nature arising from alleged violations of pcrsonnel practices, or of any acts or omissions by Consultant m connectiori wtth the work performed arising from this Agreement.
6.10 Copyright. No reports, maps or other documents produced in wholc or i'n part under this Agreement shall be the subject of an application for copyrigbt by or on behalf of Consultant.
6.11 LegalConstruction.
6.1I.1 ThisAgreementismadcandenteredintointhcStateofCalifornia antjshall in ali respects be interpreted, enforced and govcrned under the laws of the State of California, without regard to conflict of law principles,
6.11.2 This Agreement shall be constrixcd without regard to thc identity of thc persons who draftcd its various provisions. Each and cvcryprovision of this Agrcernent shall bc construed as though each or the partics participated equa]ly in the drafting of t}ie same, and any rule of constructioi'i that a documcnt is to be construed againstthe drafting party shall notbc applicable to this Agrccment.
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6.11.3 The axaticIe and section, capiions and headitigs hcrein have lieen iriserted for convenience orily and shall not be considered or refeired to in rcsolving questions of intcrpretatioii or construction.
6.li.4 Whene'ver in this Agreement the context may so require, the masculiiie gender shall be deemed to refer to and irichide the feminine and neuter, and the singular shall refer to and include the plural,
6,12 Counterparts. This Agreement may be executed iri counteiparts and as so executed shall cons5tuta an agreement whicli sliall be binding upon all Parties herein.
6.13 Final Payment Acceptance Constttutes Release. The acceptancc by Consultant of the final payment made under this Agreement shall operate as and be a release of City from al[ claims aricl liabilities for compensation to Consultmt fot anything done, furnished or relating to Consultant's work or services. Acceptance of payment shail be ariy negotiation of City's check or the failure to makc a writteri extra compensation cIaimwithinten (10) calendar days of the receipt ofthat check.
Howcver, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the ii'ifortnation provided and/or work perforined; nor shall such approval orpayment be dcemed to bc an assumption of such responsibility or Iiability by City for any defect or error iri the work prepared by Consultant, its employees, subcontractots and agents,
6.14 Corrections. inadditiontotheaboveindemnificationobligations,Consultantshall corect, at its experise, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to makc such correction in a reasonably timely manner, such correction shall be made by City, ari<t the cost thcrcof shall be charged to Consultant, 6,15 Files. Al) files of Consultant pcrtainirig to City sha]] be and remain the property of City. Consultant will control thc physicaf location of such files during the term of this Agreement and shall be entitlcd to retain copies of such files upon termination of this Agreement.
6,16 Waiver; Remedies Cumulative. Failure by a Party to insist upon thc performancc of any of thc provisions of this Agreement by the other Party, irrcspective of the length of timc forwhich such failure continucs, shall not constitutc awaiver of such Party's right to demand compliance by such ot'hcr Paily in five futurc. No waivcr by a Party of a default or brcach of the other Party shal[ be effcctivc or binding upon such a Party unless madc 'in writing by sucb Parly, and no such waiver shall be implicd from any omissions by a Party to take any action with respect to such default or breach. No express written waivcr of a specif'ied dcfault or breaclr shall affcct any other default or brcach, or covcr any otherperiod oftime, other Lhari any t)
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default or breacl'i and/or period of time specified, All of tlie remedies permitted or available to aParty underthis Agreement, or at law orin equity, shall be cumc'iiative and altemative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respectto aiiy otherpermitted or available right ofremedy.
6.17 Mitigation of Damages. In all such situations arising oiit of this Agreement, the Paities shall attempt to avoid andminimize the damages resulting from the conduct of the other Paity,
6.18 Severability. If any provision in this Agreement is held by a court of compcterit jtuisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any Wag.
6.19 Attorney'sFees. TbePartiesheretoacknowledgeandagreethateachwillbearhis or its own costs, expenses and attorney's fees arising out of and/or connected with the negotiation, drafting and execution of the Agreemeni, and all matters arising out of or connected therewith except that, in the event any action is bmught by any Party hcreto to enforce this Agreement, the prevailing Party in such action slxall be entit]cd toreasonable attoiney's fees andcosts in addition to all otherrelicfto which that Party or those Parties may be entitled,
6.20 Entire Agreement and Amendmeiits. This Agreement, including Exhibits "A" arid "B" hereto, whicli are incorporated herein by this reference, constitutes the whole a@eement between City and Consultant, and neither Party has made any representations to the other except as expressly contained herein. Neither Party, in executing or performing this Agra:'ment, is relying upon any statement or information not contained in this Agreemerit. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executcd by both City and Consultant.
6.21 Notices, Any notice required to be given hcrcunder shal2 be deemed to have been given by email transmission wit'h confirination of delivcry, and depositing said noticc in the United States mail, postage prepaid, and addrcssed as follows:
l!
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TO CITY:
City of South Gate
Arturo Cervantes
Assistaiit City Engineer/Director of PW
Public Works Department
8650 California Avenue
South Gate, CA 90280
E-mail: acervatnes(2i),sogate,org
Telephorie No.: (323) 563-9567
Agreement for Professional Services
'r,y, Lin International.
WITH COURTESY COPY TO:
City Of SOllth Gate
YOdit Glaze
City Clerk
City Clerk's Office
8650 California Avenue
South Gate, CA 90280
E-mail: yg,[email protected]
TelephoneNo. (323) 563-9511
TO CONSULTANT OR CONTRAC'lI'OR:
T.Y. Lin international
'F.R. Clark FOIIIOII, I)E
Principal-in-Charge (authorized to biml)
707 Wilshire Boulevard, Suite 4900
Los Angeles, CA 90017
E-mail:joseph.smith(altylin.com
6.22 Warranty of Authorized Signatories. Each of the signatories hereto warrarits and represents that he or she is competent and authorized to eriter into this Agreement on behalf of the Party for whom lie or she purports to sign.
6.23 Consultation With Attorney. Consultant warrants and represents that it has consulted with m attorney or knowingty and voIuntarily decided to forgo such a consultation.
6,24 interpretationAgainstDraftingParty. CityaridConsriltantagreetbattheyhave cooperated in tltc review and drafting of'this Agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interprctation of this Agreement shall be construcd against cither Party solely because that Party drafl:ed all or a portion of this Agreement, or the clause at issue.
[Remaiiider of page left blank intentionally]
1,5171
Agreement for Professional Services
T.Y. Lii'i International.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly autliorized.
CITY OF SOUTH GATE:
Maria Davila, Mayor
Dated: 5// /'U)'2')-
ATTEST:
B7:
Y laze City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
F. Salinas, City Attomey
Dated: February 14, 2025
itp
172
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Office of the
South Gate City Clerk
Item No. 5
OC:T 2 3 2025
FILED Ciffl of South Gate
li:wprq CITY COUNCIL
AGENDA BULL
Director:
For the Regular Meeting of October 28, 2025
Originating Department: Parks & Recreation
Steve Costley
Ci% Manager:
Rob Houston
SUBJECT: CHANGE ORDER N0. 4 TO CONTRACT N0. 2023-58-AC WITH EXECUTIVE MANAGEMENT SECURITY SERVICES.
PURPOSE: To extend the contract for Executive Management Security Services to include services through June 30, 2026.
RECOMMENDED ACTION: The City Council will consider:
a. Approving Change Order No.4 in the amount of $80,000 to Contract No. 2023-AC with Executive Management Security Services; and
b. Authorizing the Director of Administrative Services to execute Change Order No. 4 in a form acceptable to the City Attorney.
c. Approve the reappropriation of $80,000 from Salaries (Acct No. 100-401-61-5101) to Professional Services (Acct No. 100-401-61-6101) to fund the change order.
FISCAL IMPACT: There is no additional fiscal impact to the General Fund, as all necessary funds are already included within the current year budget. The total cost of Change Order No. 4 is $80,000, which will be covered using salary savings from the vacant Community Service Officer positions. Staff recommends reappropriating $80,000 from the Salaries account (100-401-61- 5101) to the Professional Services account (100-401-61-6101) to properly align expenditures with their intended use and ensure adequate funding for the contract extension. This budget adjustment will not place additional pressure on the General Fund. Additionally, the Police Department has submitted a plan for allocations of funding from a Measure A grant, which includes $28,750 to offset the cost of Change Order No. 4. Once the Measure A grant allocation plan is approved and funds are received, the $28,750 will be allocated to reimburse General Fund.
REPORT SUMMARY: At the recommendation of the Director of Parks and Recreation and the Chief of Police, we are requesting that the Park Ranger program be supplemented with the services of Executive Management Security, Inc. fromNovember 2, 2025 through June 30, 2026. The Parks and Recreation Department is still actively recruiting staff to fill vacant positions for the CSO/Park Ranger Program and have a staffing shortage as we head into the remainder of the fiscal year.
Until such time that these positions are filled, the Police Department has been deploying resources, specifically to the parks, on an overtime basis to ensure the safety of the residents and those who 1 176
visit our parks and facilities. The use of South Gate Police Officers is exponentially more costly than that of Park Rangers and to help reduce the overall expense of park security we are recommending the use of Executive Management Security to enforce park rules and regulations and conduct homeless outreach to those who may be experiencing housing challenges.
Executive Management Security, Inc was overseeing security at both the Urban Orchard Project and the Hollydale Community Park Project for the Public Works Department. Additionally, the City has previously contracted with Executive Management Services for the same services being sought now in 2023. During the course of their deployment during the 2023 season, calls for service at the park dropped dramatically and the response from the public was positive. Both the Police Department and the Parks & Recreation Department believe that the results will be the same for this period of time while we continue to work on hiring additional Park Ranger staff.
ATT ACHMENTS: A. Change Order No.4
B. Contract No. 2023-58-AC
C. Executive Management Security, Inc Proposal
2 177
CITY OF SOUTH GATE
PARKS & RECREATION DEPARTMENT
CONTRACT/PO CHANGE ORDER
Attachment A
Page l of l
CHANGE ORDER #: 004
PROJECT TITLE:
CONTRACT #: Contract No 2023-58-AC
CONTRACTOR: EXECUTIVE MANAGEMENT SECURITY SERVICES
CITY PROJECT #: N/A
PURCHASE ORDER #: 0007832
CHANGE REQUESTED BY: A. MEDINA
DATEOFREPORT: 10/23/25
Cost Comments
Original contract/PO amount $ 115.000.00
Previous Change Orders amount 79,365.00
This Change Order amount $ 80.000.00
Total increase to contract (all cliange orders) to date' $ 159,365.00 Revised total contract amount to date $ 27 4,365 00 Percentage of total increase (or decrease) to contract amount to date. 58% DESCRIPTION OF CHANGF, ORDER WORK TO BE, PERFORMF,D, F,STIMATE OF QUANTITIES, AND PRICES TO BE PAID:
Change in Bid ttem Quantities
Item # Detailed description
Contract
Quantity
Previous
Change
Orders
Quantity
THIS
Change
Orders
Quantity
Total
Adjusted
Contract
Quantity Unit Unit Cost
Change Order
Cost
Time
Extension
Working
Days
1 Change order need to cover cost of service from through June 30, 2026.
Cost will be covered by vacant CSO positions in
account 100-401-61-5101 and Measure A grant funds. o o _1.00 _1.00 l ,$80000.00 _N/A
2 o o __o.oo _O.OO o o
3 o o _O.OO __o.oo o o
4 o o __o.oo _O.OO o
NOTES:
Total Cost: $80,000.00
THE TOTAL AMOUNT OF THIS CHANGE ORDER IS: $80,000.00 Approval Recommended by A Medina
Approved by'
Director, Manager, Superintendent (department procedure) Approved by:
Director of Administrative Services
Date
Date:
Date
10/23/25
10/23/25
178
Attachment B
Amendment No. 2 to
Contract No. 2023-58-AC
AMENDMENT N0. 2 TO CONTRACT N0. 2023-58-AC FOR PROFESSIONAL
UNARMED SECURITY SERVICES BETWEEN THE CITY OF SOUTH GATE AND EXECUTIVE MANAGEMENT SECURITY, INC.
This Amendment No. 2 to Contract No. 2023-58-AC for Professional Security Services ("Agreement") is made and entered into on May 13, 2025, by and between the City of South Gate, a municipal corporation ("City"), and Executive Management Security, Inc., a Califomia corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, City does not have the persoru'iel able and/or available to perform the services required under this Agreement;
WHEREAS, Consultant warrants to the City that it has a pool of individuals with the skills, knowledge, qrialifications, and expertise to perform properly and timely the Professional Services under the Agreement;
WHEREAS, on May 3, 2023, City and Consultant executed Contract No. 2023-58-AC for Professional Services ("Agreement"), in an amount not to exceed Forty-Nine Thousand Dollars ($49,000);
WHEREAS, March 26, 2023, City and Consultant executed Amendment No. 1 to Contract No. 2023-58-AC for Professional Services, in an amount not to exceed Ninety-Five Thousand Three Hundred Twenty-Two Dollars ($95,322); and WHEREAS, City and Consultant desire to execute Amendment No. 2 to Contract No. 2023-58-AC for Professional Services, in an amount not to exceed One Hundred and Fifteen Thousand ($115,000), under the terms and conditions of the Agreement andAmendments No. 1 and 2 bringing the aggregate total of the Agreement, Amendments No. 1 & 2 to Two Hundred Fifty-Nine Thousand Three Hundred Twenty-Two Dollars ($259, 322).
NOW, THEREFORE, the Parties hereby agree as follows:
1. MODIFICATION TO AGREEMENT
1.1. COMPENSATION.ThetotalamorintofcompensationforAmendmentNo.2 shall not exceed the sum of One Hundred and Fifteen Thousand ($115,000) City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to the Agreement and Amendment No. 2. No additional compensation shall be paid for any other expenses incurred unless first approved by the City Manager.
l.1.1 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 Page l of 3
179
Amendment No. 2 to
Contract No. 2023-58-AC
materials, nor as evidence of satisfactory performance by the Consultant of its obligations under this agreement.
1.1.2 The Consultant shall submit to tlie City a bill of services within 15 calendar days after the end of each month. The City shall pay the consultant within forty-five (45) days of receipt of this invoice.
1.2 TERM OFAGREEMENT. This Agreement will remain in effect through and including November 1, 2025, unless otherwise expressly extended and agreed to by both Parties in writing or terminated by either Party as provided herein.
EFFECT OFAMENDMENT. 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.
CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT. In accordance with Califoniia SB 1439 extended requirements under Goveriment Code Section 84308, also known as the "LevineAct," a disclosure of political contributions totaling more than two hundred fifty dollars ($250) within the previous twelve (12) months, and for three (3) months following the date a final decision concerning a contract has been made must be filed. Therefore, the City requires that Consultant fill out and submit the California Levine Act Disclosure statement form available on the City website and file it with the City Clerk's Office piior to the approval of this Agreement.
[Remainder of page left blank intentionally.]
5 180
Amendment No, 2 to
Contract No. 2023-58-AC
IN WITNESS WHEREOF, the Parties hereto have caused this AmendmentNo. 2 to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
Dated:
ATTEST:
B7:
Y Glaze, City Clerk
(SEAI,)
APPROVE AS TO FORM:
BY:
Raul F. Salinas, City Attorney
EXECUTIVE MANAGEMENT
SECURITY, INC.:
Eddie Delgadillo, President
Dated: 5-15-2025
Page3of3
181
Attachment C
2025/2026
Secu.rity/Homeless
Outreach Proposal
182
Executive Management Security, Inc.
October 16, 2025
Steve Costley
9520 Hildreth Ave
South Gate, CA 90280
Steve:
Thank you for allowing us the opportunity to present our security service proposal. Our company's reputation as having the' best quality service is a direct result or the individual attention and custom modifications we make and deliver to all of our clients.
Executive Management Security provides highly trained and motivated security guards on a consistent basis. Our security officers have extensive years of training and experience and take pride in ensuring that our client's properties are secure.
We welcome the opportunity to make you our client and partner.
I look Forward to working with you in the near future. Please reach out to me if you have any questions or require clarification.
Sincerely,
6a, f)4.IJ[,
Eddie Delgadillo
President
(626) 616-4438
183
Executive Management Security, Inc.
Executive Management Security, Inc.
Commercial Security Seivices
TABLE OF CONTENTS
Statement of Company Qualifications
Company Information
Employment & Hiring
Training
Uniform Attire
Security Deployment Strategies
Cost of Service
Payment and Terms
Bureau of Security and Investigative Services Certificate....................
Certificate Liability Insurance
Organizational Chart
2 2
3 4
5 5/6
7 7/8
9 10
Il
I
ol184
Executive Management Security, Inc.
sJE
Statement of Company's Qualifications
Executive Management Security, Inc., in South Pasadena, CA, is a leading provider of unarmed security guards. Our management team has provided professional security services to local cities, business executives, celebrities, foreign dignitaries, politicians, individuals, and residential and commercial owners for over twenty-five years. We are an elite security management company with the highest security, safety, and customer service standards. Our management team tailors our services to the unique needs of each client.
At Executive Management Security, our staff takes satisfaction in helping our clients. We welcome the opportunity to make you our client.
Company Information
Executive Management Security, Inc.
1441 Huntington Drive #1590
South Pasadena, California 9'l030
Office: (800) 686-6353
www.execmgmtsec.com
Executive Management Security, Inc. was founded in 2014. The company is incorporated in the State of California.
Organizational Chart
See attached Organizational Chart (Page 10)
2 )C)185
Executive Management Security, Inc.
Employment & Hiring
All personnel actions including recruitment, selection, promotion, and discipline are made without regard to a person's disability, race, color, religion, sex, national origin, and age or veteran status. Executive Management Security complies with appropriate federal and state laws.
Executive Management Security Inc., utilizes various resources for the recruitment of personnel.
In order to maintain a tenured and consistent workforce, we hire employees near each of our job sites.
Executive Management Security, Inc. has a four-step selection process for bringing on board qualified security guards.
Application
The application process allows our team to review and screen for qualified applicants in order to move forward in the recruitment process. Prior security guard and customer service experience are highly recommended and/or required depending on the scope of the role.
In-person Interview
Interviews are conducted by the company's senior management team to ensure applicants meet the skills and qualifications required to perform the role.
References, Background Check, and Offer
Once a candidate has been selected for the position, his or her professional references are contacted. We also verify candidates' employment history, including requesting information on job performance, strengths, and weaknesses. An offer is extended to successful candidates.
On-boarding & Placement
The final stage of the hiring process is a welcome interview with the president of the company and completion of the new hire package which includes the 1-9 verification and a copy of key policies. The employee will be placed in an account in which his/her experience and knowledge will fulfill the client's needs and expectations.
3 186
Executi\re Management Seciirity, Inc.
Training
We have an outstanding record of success in providing exceptionai service to our clients, customers, and partners. Our team members are provided with the following:
Customer Service: A four-hour interactive course in customer service skills necessary to prepare them for real-life scenarios including how to deal with difficult customers and/or situations. To ensure active participation, team members engage in role-playing and group activities. We focus on their customer service skills; given our presence in the field, we work very hard to ensure that our team is always ready to display a positive approach and a professional appearance.
Some of the topics covered in our training include:
* Conflict Management
* De-escalation
@ Communication
* High Image Standards
* Quick guide on "Do's and Don'ts"
Active Shooter: Employees participate in a one-hour active shooter training course that covers the topics below:
* Warnings of signs of potential workplace violence * How to prepare themselves for a threatening situation @ Recognizing signs that an active threat is near
* Options to take if confronted with a workplace shooter and execution of the plan. * What to do when the police arrive on the scene Harassment and Discrimination Training: Executive Management Security, Inc. provides a workplace free of harassment of employees by other employees, supervisors, managers, customers, visitors, vendors, or others doing business with or for the company, including harassment based on race, religious creed, color, national origin, religion, sex (including gender, sexual orientation, gender identity, and gender expression), age, ancestry, physical disability, mental disability, medical condition, marital status, registered domestic partner status, genetic characteristics or genetic information, pregnancy or childbirth, po(itical activities or affiliations, citizenship status (except as may be required by law), or military or veteran status, or any other category protected by law. Executive Management Security, Inc. considers such harassment an act of misconduct that may subject an individual to disciplinary action, up to and including immediate termination. All supervisors and managers are responsible for implementing and monitoring compliance with this policy.
Executive Management Security, Inc. provides training to management as required by the State of California.
4 187
Executive Management Security, Inc.
Uniform Attire
We ensure our staff represents professionalism and uniformity at our job sites. Executive Management Security, Inc. will ensure that our staff is equipped with the proper uniforms and equipment to do their job well and safely. Executive Management Security, Inc. supplies our staff with black uniform shirts and black pants to ensure a professional appearance. Below is an outline of our uniform requirements. Security uniforms can be modified to address the needs of the client. * Black Trousers
* Black Security Polo
* Black Belt
* Black Shoes
Security Deployment Strategies
Patrol and monitor public use of the City of South Gate's ten parks by vehicle or on foot. General principles and practices of park patrol and security.
Scope of Work
ii Educate and advise the public on safety and cleanliness standards by explaining and enforcing park policies, regulations, and City ordinances relating to park and facility use.
Homeless outreach providing information and direction for services.
Open and secure park facilities, restrooms, gates, and trails.
Ensure facilities are available for use and in a safe and clean condition; report problems concerning safety, security, sanitary conditions, and maintenance needs.
Provide polite, courteous service to members of the public; respond to requests for service or provide referrals to other departments as appropriate.
Coordinate with South Gate staff on the use of picnic shelters, sports fields, and other park amenities to post reserved signs and resolve conflicts and compliance issues. The guest must present a valid permit.
Update daily patrol logs; complete maintenance logs daily, incident, vehicle accident, and employee injury reports, or other required reports as necessary.
Investigate complaints and disputes in Community Services parks and facilities. needed; act as a courier when required.
ASSiSt with City and Department-sponsored community events, including supervision, event patrol, parking control, and set-up/break-down.
Follow safe working practices and make appropriate use of related safety equipment as required.
5 t3
188
Executive Management Security, Inc.
Document abandoned property, document incidents of graffiti and vandalism, and take a clear photograph.
Write log entries, reports, and messages; complete forms and records; maintain records and files on work performed.
Communicate effectively both verbally and in writing, and establish cooperative working relationships with City staff and the public.
Safely follow directions; take appropriate courses of action in emergencies.
Perform related duties and responsibilities as required Conduct
ii Exercise tact, self-restraint, and good judgment in stressful encounters and situations.
Anticipate and solve problems. De-escalate situations, DO NOTcontribute to them.
Operate a motor vehicle safely and professionally. (Refer to EMS Driving Policy) Operate mechanical and electronic equipment, cell phones, BWC, and company-related equipment.
Notifying Authorities
* Communicate with law enforcement, as needed, Via cell phone or in person, and respond to low-level calls for service in parks and recreational facilities.
If you encounter an injury or illness, notify the proper authorities.
Identify, DO NOT remove, transport, or dispose of hazardous materials, hypodermic needles, and/or other drug paraphernalia - CONTACT PD to respond.
We consider our management team's expertise and effectiveness to be a key differentiator. Our management team will be available to develop custom requirements, procedures and answer any questions you may have. A supervisor will be assigned to the location to ensure overall contract compliance and performance evaluation of the on-site team. The same guards will be sent consistently to the account. However, a trained and familiar substitute will be necessary from time to time and the business will ensure that detailed policies and procedures about the job are forwarded to substitute guards by the supervisor.
6 l'l
189
Executive Management Security, Inc.
Cost of Service
Executive Management Security, Inc. has a thorough and complete understanding of the work to be accomplished and can provide the below-listed rate to cover your properties. - Specification, S'ecurity Guard Rate ' OV.ertii:ne Rate Security Unarmed Guard $38.50 per hour $57.75 per hour ExecutiveManagementSecurity Scheduleeridingll-15-25 Site: potixpornxsourhcm .Daie/Day. ", ' 1172 ' 11/3 ' 11/4 '11/5 .' .uls 11/7 " It/a ' -.ujg ' It/la 11/it. 'il2 fi/ia 11/14 . 11/l!i 'Adilii'- Name i Sun Mon llies Wad' Thur Ftl 'Sa! ' Sun Mini Tuu Wed Thui Fd Sat Total ' Guard !IA/430P aA/asop Ha/asap 9A/4301' u/sop ga/axop 9A/430P 9A/43(1' 9A/430P sa/asop . j.so 7JO ' 7.50. 7_!0 730 7.50 7.50 7JO 7iiO 730 75,DO Guard 4301'/12A aop/uo sop/uo 430P/12A 4:101'/12Asop/xza ,7JO' 7J(1 7.50 , 7.50 7J(1 730 45.00 -
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120 ?,RS X S38.5QPER HF; =S4,(;20.OC
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-iiSAMPLE SCHEDULE
HOMELESS OUTREACH / PARK PATROL Nov 2 Through Jutie 30, 2026 Pay Period Regular Hours 5T %oqrffi (Holiday) Regular Rate OT Rate Regular Pay C)T'Pay ' T:oteil Pay Nov2-Novl5 '120.00 o $38.50 $0.00 $4,620.00 - $0.00 '' $4,620.00 Nov 16 - Nov 29 120.00 o $38.50 $0.00 $4,620.00 $0.00 '' $4,620.00 Nov30-Decl3 120.00 o Ii38.50 $0.00 i41620.00 $0.00 '' $4,620.00 Dec "14 - Dec 27 112.00 8 Christmas Day Ri38.50 $57.75 i41312.00 $462.00 '' $4,774.00 Dec28-Janl0 112.00 8 New Years Day $38.50 $57.75 $4,3"l2.00 $462.00 '' $4,774.00 Jan 1l - Jan 24 120.00 o $38.50 $0.00 $4,620.00 $0.00 '' $4,620.00 Jan 25 - Feb 7 i2D.00 o $38.50 $0.00 $4,620.00 $0.00 ' !4,620.00 Feb 8 - Feb 28 112.00 8 Presidents Day $38.50 $57.75 $4,312.00 $462.00 !4,774.00 Marl -Marl4 120.00 o $38.50 $0.00 $4,620.00 $0.00 '7 $4,620.00 Marl5-Mar28 120.00 o $38.50 $0.00 $4,620.00 $0.00 '' $4,620.00 Mar29 -April ll 120.00 o $38.50 $0.00 $4,620.00 $0.00 ' $4,620.00 April 12 -April 25 120.00 o $38.50 $0.00 $4,620.00 $0.00 7 $4,620.00 April 26 -May 9 120.00 o $38.50 $0.00 $4,620.00 $0.00 ' $4,620.00 May 10 - May 23 120.00 o $38.50 $0.00 $4,620.00 $0.00 ' $4,620.00 May 24 -June 6 112.00 8 Memorial Day $38.50 $57.75 ' $4,312.00 $462.00 ' $4,774.00 June 7 -June 20 120.00 o $38.50 $0.00 $4,620.00 $0.00 ' $4,620.00 June2l -June30 128.00 o $38.50 $0.00 $4,928.00 $0.00 ' $4,928.00 ro:ru= " $79;464,00
The coverage will begin on Navember 2, 2025, and end on June 30, 2026.
Executive Management Security will cover all guard/vehicle/maintenance/fuel costs.
The City of South Gate will not be responsible for any additional costs. 7 55
190
Executive Management Security, lm,.
Executive Management Security Inc. recognizes the following federal holidays, and our guards are to be compensated one and one-half times the employee's regular rate of pay for all hours worked on the following days:
* New Year's Day
* Presidents Day
* Memorial Day
* Independence Day
* Labor Day
* Thanksgiving Day
* Christmas Day
There is a 5-hour minimum per guard, per shift worked. If the need to cancel arises, the client shall cancel any manpower request at least twelve (12) hours before the beginning or the assignment. Failing to do so will result in the client paying a 5-hour minimum per each scheduled guard as if the guard had worked 5 hours.
Payment and Terms
Unless paid in advance, all charges are due and payable immediately upon submission of each invoice. If payment is not received within ii-dy"{so)-af0fg';tg:iWV5raJ, the client shall pay two and one-half percent (2.5o/o) per month interest, as a finance charge on all late payments. 8 191
Executive Management Security, Inc.
License No. PPC)17745
Receipt No. 12625
PRAY ATE
Bureau of Security and Investiga)ive Services
p.o. Box 989002
West Sacramento, CA 95798-9002
(916),322-4000
ERATOR
Valid Until: 04/30/2026
EXECUTIVE MANAGEMENT SECURITY
1441 HUNTINGTON DRIVE #1 590
SOUTH PASADENA, CA 91030
NON-TRANSFERABLE
Remove your new Pocket Llcense
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1204 CERTO4S 071823
Bureau ofSefflrity *nd 1nvestlgative SerQioes
p.o. Box 989002 a
West Sacramento, CAan5798-9002
(918) 322:4000
Bureau of Security and Investlgative Services
PmATE PATROL OPERATOR
License No. PPO17745 Exptrabon 04/3(V2026
QM, OWN OF
EXECUTIVE MANAGEMENT SECURITY
EDWAFID DELGADILLO
1441 HtlNTINGTON DRIVE #1590
SOUTH PASADENA. CA 91030 Ramp},
12625
IMPORT ANT
i . Inelude }our license number Ori any correspondence jOu send the Bureau regarding your private palrol operaior license.
2 Changes 10 }our address Or name must be reported t5 the Buieau wllhln 30 days. See the Bureau'a webaite lot Information on how to report these changes.
3 IFlicenie is lost or stolen, you can apply for a replacement card. See the Bureauaa waMlte for
applicaiion form.
4 Please ca,rry the pocket lleensa wlltt you.
License No. Expiration Date
PPO17745 04/30/2028
EXECUTIVE MANAGEMENT SECURITY
Receipt No
12625
This fs your RECEIPT. Please save for your records.
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Executi\re Management Security, Iric.
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THIS CERTIFICATE IS ISSuED AS A MATTER OF INFORMATION ONLY AND CONFER8 NO RICiHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATTVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIEEI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTI A CONTRACT BETWEEN THE ISSulNG INSURER(S), AUTHORIZED REPRESENTATIVE OR PRO[)LICER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the Certificate hOltmr Is an ADDliiONAL INSuRED, the pOlyi08) must HaVO Aool'nONAL 1N8LIRED pTOVl810nB Or be @ndOraOd.
If SuBROCiATION IS WAIVED, iu)Jacl to the tarms and condltlona of the policy, certaln policies may requlra an endorsement. A atalamont on this certificate does not confer rl(lhts to the cartl!lcata holder In lieu of si ah endoraamant(s).
PROOUCa
Business Wodd Insurance Agency
7800 Llnlvetalty Ave A-1
La_Mesa CA91942
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@ 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo aye registered marks of ACORD 193
Executive Management Sticurity, Iru,.
EXECUTIVE MANAGEMENT SECURITY, INC.
ORGANIZATIONAL CHART
President
Eddie Delgadillo
Office Manager
Rebecca McCray
Sales Team
Director of Safety &
Compliance
Armando Delgadillo
Director of Operations
Adrian Carrasco
Operations Manager
JR Delgadillo
Operations Supervisor
Jose Aceves
Armed Guards Unarmed Guards
11 194
Item No. 6
Office of the
South Gate City Clerk
0CT 2 3 2025
FILED
5 4,> (8'V's
Ciffl of South Gate
CITY COUNCIL
ACENJDA E,J[LL
For the Regular Meeting qf October 28, 2025
Public Works
DepartmentDirector: City Manager:
SUBJECT: AGREEMENT WITH CJ CONCRETE CONSTRUCTION TO PROVIDE
SIDEWALK MAINTENANCE SERVICES
PURPOSE: The purpose of this item is to approve a maintenance agreement for the City's first large-scale sidewalk maintenance project using a new approach of grinding and ramping uplifted sidewalks. This method will allow more locations to be addressed under a single contract compared to past efforts, maximizing the value of the $1.1 Million project budget. The project will improve safety, reduce trip hazards, and lower the City's liability exposure.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving a Maintenance Services Agreement with CJ Concrete Construction, for sidewalk repair services, for an amount not to exceed $782,000; b. Authorizing the City Manager to approve and execute amendments to the Professional Services Agreement up to a cumulative amount of $193,000; c. Approving a budget amendment to add funding for part-time Engineering Aide assistance and transfer $125,000 in Gas Tax Funds from the Sidewalk Maintenance Services budget to fully fund the position, which is needed to provide inspections services; and d. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The Agreement is in the amount of $782,000 which is budgeted in the Fiscal Year 2025/26 0perations and Capital Improvement Program Budget, as summarized below.
Sewice Water SBI Gas Tax Funds
Maintenance Agreement $300,000 $300,000 $182,000 $782,000 Contingency - $193,000 $193,000
Management & Inspection $125,000 $125,000
Total Budget $300,000 $300,000 $500,000 $1,100,000
ANALYSIS: The City issued a Request for Proposals (RFP) for Sidewalk Maintenance Services through PlanetBids and received four (4) proposals from qualified maintenance contractors. Following a comprehensive evaluation and selection process, CJ Concrete Construction, Inc. was determined to be the highest-ranked and most qualified proposer. 1 195
Accordingly, staff recommend awarding a Maintenance Services Agreement to CJ Concrete Construction, Inc. in the amount of $782,000. This amount includes payment of prevailing wages and is consistent with industry standards for comparable maintenance services.
Although CJ Concrete Construction did not submit the lowest fee proposal, the City is not required to award this contract based solely on cost, as this procurement was conducted through an RFP process and is not subject to the Public Contract Code's low-bid requirements. The City is proceeding with the most qualified firm based on demonstrated experience, qualifications, and overall value. In addition, their first-year fee of $255,500 is reasonable, as it is below the $282,375 average of all proposals received.
In addition, to efficiently manage the sidewalk maintenance program while reducing costs, staff recommends budgeting a new part-time Engineering Aide position. The aide would provide basic field oversight of contractor work, including inspection, documenting quantities, monitoring compliance, tracking schedules, reporting field conditions, and maintaining project records to ensure the program is delivered as planned. Funding for this position will come from the project budget. City Council approval is requested to authorize budgeting this position in the amount of $125,000 for 12 months of service. This provides 4,432 hours of service at an hourly rate of $31. Upon completion of construction and project closeout, the position will be vacated.
BACKGROUND: The City maintains approximately 250 miles of sidewalks throughout residential, commercial, and industrial areas. Damage is common, most often caused by root intrusion from the City's extensive tree canopy. While City crews address immediate trip hazards, the backlog of repairs continues to grow each year, exceeding the Field Operations Division's capacity.
To address this need, Public Works is implementing a new strategy that emphasize grinding and ramping rather than full reconstruction. This cost-effective approach will allow far more locations to be repaired within the same budget. The Council is recommended to award this contract to begin the first phase of work. Once complete, staff will use the results to establish a routine citywide maintenance cycle that reduces the backlog and keeps sidewalks safe and accessible.
The project will be located citywide. Construction is anticipated to begin in November of 2025 and be completed in 12 months.
On June 16, 2025, the City issued a Request for Proposals (RFP) for sidewalk repair services. By July 17, 2025, submission deadline, four proposals were received in the City Clerk's Office, summarized below:
Contractor Year 1 Year 2 Year 3 Proposed
Contract
CJ Concrete Construction $255,500 $261,500 $265,000 $782,000 Gentry General Engineering $221,000 $231,800 $243,900 $696,700 Estate Design and Construction $278,000 $299,000 $320,000 $897,000 We R Builders $375,000 $393,225 $412,886 $1,181,111
Average Annual Fee Proposal $282,375 $296,381 $310,446 $889,202 2 196
A selection committee, consisting of the Deputy Public Works Director, Associate Engineer, two Street and Sewer Maintenance Supervisors, and the Interim Street and Sewer Superintendent, conducted a thorough evaluation of the submissions and identified CJ Concrete Construction and Gentry General Engineering as the highest-ranked firms. Following interviews with both firms, the committee concluded that CJ Concrete Construction is the most qualified to provide the required services and hereby recommends award of the contract to CJ Concrete Construction. CJ Concrete Construction offers the following:
@ Experienced and Qualified Company - The company has more than 30 years of professional services experience in the concrete industry. @ Successful Track Record - CJ Concrete Construction has provided services in several cities across California, including work for the City of South Gate. * Competitive Costs - CJ Concrete Construction offers competitive costs, including prevailing wages.
ATTACHMENT: A. Proposed Agreement (including Exhibit A) EM/HF:lc
3 197
Attachment A
AGREEMENT FOR SIDEWALK MAINTENANCE SERVICES
BETWEEN THE CITY OF SOUTH GATE AND
C J CONCRETE CONSTRUCTION, INC.
THIS AGREEMENT FOR SIDEWALK MAINTENANCE SERVICES ("Agreement") is entered into as of October 28, 2025, by and between the City of South Gate, a municipal corporation (the "City") and C J Concrete Construction, Inc., a California corporation (the "Contractor"), with reference to the following facts:
RECIT ALS
A. The City maintains approximately 250 miles of sidewalks throughout residential, commercial, and industrial areas.
B. Damage to those sidewalks is common, most often caused by root intrusion from the City's extensive tree canopy.
C. While City crews address immediate trip hazards, the backlog of repairs continues to grow each year, exceeding the City's Public Works Department Field Operations Division's capacity.
D. To address this need, the City's Public Works Department is implementing a new maintenance and repair strategy that emphasizes grinding and ramping uplifted sidewalks, rather than full reconstruction; this cost-effective approach will allow far more locations to be repaired within the same budget.
E. On June 25, 2025, the City issued a Request for Proposals (the "RFP"), seeking proposals from maintenance contractors who could perform this sidewalk maintenance and repair work.
F. Contractor submitted a proposal in response (the "Proposar'), outlining the terms and conditions under which it would be willing to perform the work identified in the RFP.
Contractor represented in the Proposal, and does hereby represent to the City, that Contractor has the requisite skills, la'iowledge, qualifications, manpower and expertise to perform the services described in the RFP. A copy of the Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference.
G. The City has accepted Contractor's Proposal, and Contractor does hereby offer to perform maintenance services with described therein and in the RFP, as more particularly identified below in this Agreement and in the Exhibits attached hereto.
H. The City is willing to accept this offer, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, the City and Contractor hereby agree as follows:
I
Sidewalk Maintenance Agreement
198
AGREEMENT
1. Engagement and Scope of Work. The City hereby engages the Contractor, and the Contractor accepts such engagement, to perform the grinding, ramping, and other sidewalk maintenance services identified In the RFP and the Proposal (the "Work"). If and to the extent the RFP or the Proposal conflicts with anything else inthis Agreement, the terms ofthis Agreement shall control. No Work shall be conducted on private property.
2. Compensation Payable by City to Contractor. The maximum amount of compensation to be paid to Contractor hereunder shall not exceed Seven Hundred Eighty-Two Thousand Dollars ($782,000.00), which shall be full compensation for the Work. A more detailed description of the compensation payable to Contractor hereunder, including unit prices, monthly payments,and/orotherinformation,conditions,andlimitations,issetforthintheProposal. Except as may be specifically set forth in the Proposal or approved by the City on a case-by-case basis, Contractor shall not be paid hereunder for any travel time in the performance of the Work. Except as otherwise provided in the Proposal, on or before the twentieth (20th) day of each calendar month following the commencement of the Work, Contractor shall file its request for payment, accompanied by evidence satisfactory to the City justifying the request for payment, including a report of Work accomplished and tasks completed in the previous month, and an itemization of eligible expenses with copies of receipts and invoices. If, after review by the City, the Work is found to be unacceptable, Contractor, at its expense, shall expeditiously correct such unacceptable Work. If Contractor fails to correct unacceptable Work, the City may withhold from any payment due an amount that the City reasonably believes will equal the cost of correcting the Work. Subject to the City's right to reject all or any part of the charges set forth in such invoice as provided herein, the City shall pay Contractor the amount of such invoice within thirty (30) days of receipt and approval of such invoice.
3. Term of Agreement. The term of this Agreement ("Term") shall commence on October 29, 2025, and shall terminate on October 31, 2026, unless terminated sooner pursuant to the provisions of Sections 9, 10 orl3.2 below. This Agreement shall not be automatically renewed or extended; performance by Contractor of any Work following said termination date shall be prohibited, and Contractor shall not be entitled to compensation therefore, in the absence of a written agreement pertaining to such additional Work executed by the City and Contractor pursuant to Section 20.10.
4. Commencement of the Work. The execution and delivery of this Agreement by the City and Contractor does not constitute an authorization for Contractor to proceed with the Work.
Contractor shall commence performance of the Work within seven (7) days after the City issues to Contractor a written notice, signed by the City's Director of Public Works ("Director"), instructing Contractor to proceed with the Work. Contractor represents and warrants to the City that Contractor will be able to commence the Work within that time in compliance with all requirements of this Agreement, including without limitation those set forth in Sections 6, 7 and 8 below.
5. Inspection of Work. The Director and his designees shall have the right to review and inspect the Work performed by Contractor hereunder at any and all times, with respect to the quality of the Work and Contractor's conformance to the terms of this Agreement, pursuant to the 2 Sidewalk Maintenance Agreement
199
City's established review and approval procedures as the same may be amended from time to time.
Without limiting the City's rights under Section 2 above, if the Director or his designee determines as a result of any such inspection that any aspect of the Work is unsatisfactory for any reason (including without limitation failure to meet the performance standards specified in Section 8 below), then Contractor shall promptly correct the Work at no additional cost to the City.
6. South Gate Business License. Without limiting the generality of Section 8 below, Contractor shall obtain a City of South Gate business license before performing any Work under this Agreement.
7. Contractor Must Pay Prevailing Wages to its Employees. This Agreement is a maintenance contract. As such, pursuant to regulations established by the California Department of Industrial Relations and codified at 8 CCR §§ 16000 and 16001(f), Contractor's performance hereunder is subject to Contractor's compliance with prevailing wage rate payment requirements under California Labor Code § 1771. Contractor must pay "prevailing wages" to all personnel employed by Contractor who perform any portion of the Work. Information regarding prevailing wage determinations can be found on the Department of Industrial Relations' web site at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. It is Contractor's responsibility to interpret and implement any prevailing wage requirements. Contractor agrees to pay any penalty or civil damages resulting from a violation of prevailing wage laws with respect to this Agreement.
The City advises Contractorto familiarize itselfwiththose laws, includingwithoutlimitationthose set forth at California Labor Code §§ 1720 through 1861, inclusive.
8. Performance Standards and Requirements. Contractor shall perform and complete the Work promptly, diligently, and in a manner satisfactory to the City. Contractor shall furnish all equipment, tools, materials, labor, and other services necessary to fully and adequately perform the Work and shall pay all applicable fees and expenses associated therewith. Contractor and its subcontractors shall perform all acts required to complete the Work under this Agreement (i) in a skillful and workmanlike manner, (ii) consistent with the standards generally recognized as being employed by other maintenance companies in the State of California, and (iii) in accordance with all federal state and local laws, regulations, and ordinances applicable to the operation of Contractor's business and to its performance of the Work under this Agreement. Contractor warrants that (a) all of its employees and subcontractors shall have sufficient skills and experience to perform those portions of the Work assigned to them, (b) they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and (c) such licenses, permits, qualifications and approvals shall be maintained throughout the Term of this Agreement.
9. Independent Contractor. In performing its duties hereunder, Contractor shall at all times act as an independent contractor. Contractor shall complete the services required of it hereunder according to its own means and methods of work, which shall be in the exclusive charge and control of Contractor and not subject to the control or supervision of the City except as to the results of the work and except as otherwise specifically set forth in this Agreement. In no event shall Contractor have any authority or power under this Agreement to incur any debt, obligation, or liability on behalf of the City. Neither Contractor nor its employees are employees of the City, and nothing in this Agreement shall render Contractor an employee, partner, agent of, or joint venturer with the City for any purpose. Neither Contractor nor its employees shall represent 3 Sidewalk Maintenance Agreement
200
themselves as employees of the City. Personnel employed or subcontractors retained by Contractor shall not acquire any rights or status regarding the City. Neither Contractor nor its employees shall have any claim against the City hereunder or otherwise for salary, vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Contractor is responsible for complying with all obligations of an employer imposed under federal or state law.
The City shall not withhold Social Security and Medicare taxes from any payments made to Contractor hereunder, nor shall the City make any such payments on Contractor's behalf. The City shall not make state or federal unemployment contributions on Contractor's behalf or withhold state or federal income tax from Contractor's payments hereunder. Contractor shall pay all applicable taxes related to the performance of services under this Agreement including all federal, state, or Iocal income, Social Security, Medicare, and self-employment taxes. Contractor will also pay all unemployment contributions for its employees related to the performance of services under this Agreement. Neither Contractor nor its employees or contractors are eligible to participate in any employee, pension, health, vacation pay, sick pay or other fringe benefit plan of the City. Contractor shall complete and submit to the City an IRS Form W-9 and acknowledges that the City will issue to Contractor an IRS Form 1099 for non-employee compensation for all payments for the Work rendered hereunder. Contractor agrees to indemni:[y and hold the City harmless from and against any and all liability arising from any failure of Contractor to pay any income or other tax when due on account of the compensation paid to Contractor by the City hereunder (and Contractor's obligation to indemnify the City under this Section 9 shall survive the expiration or sooner termination of this Agreement).
10. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability or other handicap, age, marital/familial status, or status with regard to public assistance.
Contractor will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Contractor to perform services under this Agreement, are free from such discrimination. Such employment practices include but are not limited to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall include the foregoing non-discrimination provisions in all solicitations or advertisements placed by or on behalf of Contractor for personnel or subcontractors to perform any services under this Agreement. Upon written request, the City shall have right to inspect and have access to all of Contractor's (and its subcontractors') documents, data and books and records for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section 10. Contractor agrees that all applicable provisions of Executive Order No. 11246 shall be incorporated into this Agreement by this reference. A copy of Executive Order No. 11246 is available to Contractor for inspection and on file with the City's Public Works Department.
11. Contractor's Representations and Warranties. In addition to the other representations and warranties set forth elsewhere in this Agreement, Contractor hereby represents and warrants to the City as follows:
4 Sidewalk Maintenance Agreement
201
11.1 Familiarity with Work. Contractor has thoroughly investigated and considered the scope of services to be performed hereunder, has carefully considered how that Work should be performed, and understands the circumstances which may restrict or otherwise impact Contractor's performance of the Work under this Agreement.
11.2 Site Inspection. Contractor has visited representative City sidewalks where the Work is to be performed and is fully acquainted with the conditions existing at such sites.
11.3 No Solicitation. Contractor has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement.
11.4 No Fees, Commissions, Gifts or Other Consideration. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement. Upon such breach or violation of this warranty, the City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.
11.5 No Conflict of Interest by City. Contractor has no knowledge that any officer or employee of the City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time, a complete written disclosure of such interest will be made to the City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.
11.6 No Conflict of Interest by Contractor. Upon execution of this Agreement, Contractor has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of Work required by this Agreement, nor shall any such interest be acquired during the Term of this Agreement.
12. Non-Exclusivity. The City does not warrant to contract-exclusivity with a single contractor to perform the type of maintenance services which Contractor is performing under this Agreement. As such, Contractor may not be the only company providing maintenance services to the City. The City reserves the right to enter into similar contracts with third parties for similar maintenance services in the City.
13. No Assignment. Contractor shall not assign, delegate, or subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the Director, which may be granted, conditioned, or withheld by the Director in his sole and absolute discretion.
This prohibition shall not apply to subcontracts and subcontractors identified by Contractor to the City in connection with any formal bid documents submitted by Contractor to the City in connection with the City's award of this Agreement to Contractor. Any proposed delegation, assignment or subcontract shall provide a description of the services to be covered, identification of the proposed assignee, delegatee or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an 5 Sidewalk Maintenance Agreement
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assignee, delegatee or subcontractor shall include both (a) the amount involved, together with Contractor's such cost or price; and (b) a provision requiring that any subsequent modification or amendment shall be subject to the City's prior written consent. Any assignment, delegation or subcontract shall be made in the name of Contractor and shall not bind or purport to bind the City and shall not release Contractor from any obligation under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegatees, and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to Contractor under this Agreement.
14. Public Employees Retirement System. Notwithstanding any other local, state or federal policy, rule, regulation, law or ordinance to the contrary, neither Contractor nor any of its employees, agents or subcontractors shall qualify for or become entitled to - and each hereby agrees to waive any claims to - any compensation, benefit or incident of employment by the City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of the City and entitlement to any contribution to be paid by the City for employer contribution and/or employee contributions for PERS benefits. Without limiting the generality of Section 19 below, if Contractor or any employee, agent or subcontractor of Contractor claims (or is determined by a court of competent jurisdiction or by PERS) to be eligible for enrollment in PERS as an employee of the City, then Contractor shall indemnify, defend (using counsel acceptable to the City) and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of the City.
15. Insurance. During the Term of this Agreement, Contractor shall at its expense maintain in full force and effect policies of insurance as required by Sections 15.2, 15.3 and 15.4 below and also, if required by the City, policies of insurance as required by Section 15.1 below:
15.I Property Damage/Casualty Insurance. Depending on the nature of the City sidewalks which are the subject of this Agreement, the City may require a policy or policies of insurance covering loss or damage thereto, in amounts deemed necessary by the City to cover the full replacement cost of those City sidewalks. Said insurance shall provide protection against all perils typically included within the classifications of "all-risk", "fire legal liability", and "personal injury" insurance.
15.2 Liability Insurance. Liability, bodily injury, personal injury, and property damage insurance with a combined single limit of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the annual aggregate, insuring against any and all liability of the insured with respect to the Contractor's performance of (or failure to perform) its obligations under this Agreement. Each such policy shall be in the form of an Insurance Services Office ("ISO") Commercial General Liability Insurance policy, an ISO Comprehensive General Liability Insurance policy with Broad Form General Liability endorsement, or in any similar, commercially reasonable form. Without limiting the scope of coverage to be provided thereby, all such insurance shall specifically insure Contractor's performance of the indemnity provisions contained in Section 19 below as to liability for injury to or death of persons and injury or damage to property. 6 Sidewalk Maintenance Agreement
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15.3 Worker's Compensation Insurance. Workers' Compensation Insurance as required by California law. This insurance must include (in the policy itself or by endorsement) a Waiver of the Right of Subrogation for General Liability against the City.
15.4 Automobile Liability Insurance. Automobile Liability Insurance, including owned, non-owned and hired vehicles, with at least the following limits of liability:
(a) Primary Bodily Injury with limits of at least $1,000,000 per person, $2,000,000 per occurrence, and (b) Primary Property Damage of at least $1,000,000 per occurrence.
15.5 Qualifications of Insurers. Each policy shall be issued by an insurance company having a "Best's Rating" of at least A and having a "Financial Size Categories" rating of at least VIII in the most cunent edition of "Best's Insurance Reports" issued by A.M. Best Company. In addition, each policy shall be issued by an "admitted" insurance company (i.e., one that is qualified and licensed to do business in the State of California).
15.6 City to be Named as Additional Insured Party. All policies (other than worker's compensation insurance policies) must include an Additional Insured Endorsement (CG 20 10 11 85) naming the City and its agents as an additional insured on the applicable insurance coverage with respect to the City's and its agent's interests under this Agreement.
15.7 Primary Insurance. Insurance obtained pursuant to this Section 15 shall be primary insurance, and other insurance (if any) maintained by the City shall be excess of Contractor's insurance and shall not contribute with the insurance required hereunder.
15.8 Blanket Policies. Any or all policies to be obtained by Contractor hereunder may, at Contractor's option, be provided under a separate policy covering only the items and matters to be insured under this Agreement or included in one or more blanket policies covering not only those items and matters but also additional property and matters owned or otherwise insured by Contractor. All such combined or blanket policies must, however, comply with each and every provision of this Section 15.
15.9 Restrictions on Cancellation and Reduction. Each insurance policy required hereunder shall specify that the insurance company issuing the policy will give the City at least thirty (30) days' written notice prior to the effective date of (a) any cancellation, interruption, or lapse of coverage, and (b) any reduction in the amount, type, or extent of coverage.
15.10 Waivers of Subrogation. The parties release each other from any claims for damage to any person or property, and to the fixtures, personal property, improvements, and alterations thereon, that are caused by or result from risks insured against under any insurance policies carried by Contractor and in force at the time of any such damage. Furthermore, each insurance policy obtained hereunder shall provide that the issuing insurance company waives all rights of recovery by way of subrogation.
15.11 Verification of Coverage. Prior to or concurrent with Contractor's execution and delivery of this Agreement, and not later than thirty (30) days prior to the expiration of any insurance policy carried hereunder (with respect to policies which will replace said expiring policies during the Term of this Agreement), Contractor shall deliver to the City original certificates of insurance and amendatory endorsements evidencing and effecting insurance 7 Sidewalk Maintenance Agreement
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coverage required hereunder. All such certificates and any endorsements pertaining to the insurance coverage required hereunder shall be signed by a person authorized by the insurer to bind coverage on the insurer's behalf and shall be on forms provided or approved by the City. In no event shall Contractor con"unence any construction, demolition, grading or other work relative to the Improvements until all evidence of insurance coverage required under this paragraph have been delivered to the City as required hereby. The City shall have the right, at any and all times, to require Contractor to provide the City with complete copies of any and all policies of insurance that Contractor is required to maintain hereunder, and Contractor shall deliver such copies to the City not later than ten (10) days following such request.
15.12 Form of Policies. All insurance policies required hereunder shall be in a form acceptable to the City and its agents; and shall include those endorsements which are necessary to extend coverage which is appropriate to the nature of this Agreement.
15.13 Policy Limits Do Not Limit Contractor's Liability. The minimum limits of policies of insurance required of Contractor under this Agreement shall in no event limit Contractor's liability under this Agreement.
16. Termination for Convenience. The City may terminate this Agreement at any time, with or without cause, upon sending a written notice of termination to Contractor (the "Termination Notice") that specifies a termination date (the "Early Termination Date") at least thirty (30) days a:[ter the date of the Termination Notice. Upon receipt of the Termination Notice, Contractor shall acknowledge receipt to the City in writing and take all steps necessary to cease all Work in a reasonable and orderly manner by no later than the Early Termination Date; provided, however, that any Work performed a'fter the Early Termination Date that is reasonably necessary to terminate the Work in an orderly manner must be specifically authorized in writing by the Director prior to its performance and prior to the Early Termination Date. Upon termination by the City, Contractor shall be paid or reimbursed for all Work performed by Contractor under the Agreement up to the Early Termination Date (less all payments previously made), plus ten percent (10%) of the balance that would otherwise be due to Contractor during the remaining Term of this Agreement as reimbursement for profits lost to Contractor by virtue of the City's early termination of this Agreement. In no event shall any amounts paid or reimbursed upon termination of this Agreement exceed the total maximum compensation Specified in Section 2 above.
17. Notice of Default and Termination for Cause. If the City delivers written notice to Contractor notifying Contractor that it is in default of one or more of its obligations under this Agreement, specifying the nature of the default, and stating what steps Contractor must take to cure the default ("Default Notice"), and if such default remains uncured within ten (10) days following the City's delivery of the Default Notice, then the City may at any time thereafter immediately terminate this Agreement upon written notice to Contractor. Upon such termination, the City shall pay Contractor an amount equal to the value of the Work satisfactorily performed hereunder as of the date of the Default Notice; provided, however, that the City retains all rights to recover damages incurred by the City as a result of Contractor's default, including without limitation the right of offset against amounts otherwise due to Contractor hereunder, and the rights specified in Section 18 below. Contractor shall have no right to any reimbursement for profit or lost profit. Following such termination, the City may procure, upon such terms and in such manner as the City deems appropriate, maintenance services similar to those terminated hereunder. If, 8 Sidewalk Maintenance Agreement
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after notice of termination of this Agreement under the provisions of this Section 17, the City determines, for any reason, that Contractor was not in default hereunder, or that such default had been cured, then the rights and obligations of the City and Contractor shall be the same as if the notice of termination had been a termination for convenience issued pursuant to Section 16 above.
18. City's Remedies for Contractor's Failure to Perform. Upon Contractor's default of any of its obligations hereunder, and at any time after any such default, the City may take any one or more of the following actions:
18.1 Forfeiture of Bond/Negotiation of Security. The City may cause to be forfeited to the City all or a portion of any security given for the faithful performance of Contractor's obligations and may further cause to be negotiated any instrument of credit deposited with and assigned to the City in such amount as may be required to complete the Improvement work.
18.2 Performance by City at Contractor's Expense. Upon Contractor's default, the City may make written demand upon Contractor, or Contractor's surety (if any), or both, to immediately remedy the default and complete the Work. If the required Work is not substantially commenced with in ten (10) days after the City's delivery of that written demand, or if it is not thereafter diligently prosecuted to a completion acceptable to the City within the timeframe set forth in the City's written demand, then without limiting any other remedy available to the City, the City may complete (or arrange for the completion of) all remaining Work and/or conduct such other remedial activity as in its sole and absolute discretion it believes is necessary or advisable. All such Work or remedial activity shall be at the sole and absolute expense and obligation of Contractor (and its surety, if any) without the necessity of giving any further notice to Contractor or its surety. The City's right to take such actions shall in no way be limited by the fact that the Contractor or its surety may have commenced or completed any of the required Work at the time of the City's demand for performance. If the City elects to complete (or arrange for completion of) the remaining Work, then the City may require all Work by the Contractor and/or its surety to cease in order to permit adequate coordination and completion by the City or its designee of the remaining Work.
18.3 Issuance of Cease-and-Desist Order. The City may issue a cease-and- desist order by delivering written notice to Contractor demanding that Contractor immediately discontinue any actions specified in that written notice. Contractor agrees to immediately comply with any such cease-and-desist order.
18.4 Iniunctive Relief. The City shall have the right to apply for and obtain temporary and/or permanent injunctive relief or other equitable relief from a court of competent jurisdiction to enforce its rights and Contractor's obligations created by this Agreement, including without limitation relief in the form of a temporary restraining order and/or permanent injunction restraining Contractor from cornrnitting or continuing to commit any breach or threatened breach of this Agreement. The City shall have the right to seek such relief without showing or proving any actual damage sustained by the City, and without posting bond or other security. In connection with the City's right to apply for the injunctive relief which is the subject of this Section 18.4, Contractor hereby acknowledges that Contractor's breach of its obligations hereunder will cause 9 Sidewalk Maintenance Agreement
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irreparable harm and injury to the City if such breach continues unabated following the City's request for injunctive relief.
18.5 0ther Relief. The City may seek any other remedies or relief, and take any other actions, available to the City under this Agreement, at law, or in equity.
19. Indemnification and Defense. Contractor and its sureties (if any) shall indemnify, hold harmless and defend (using counsel acceptable to the City) the City and its officers, managers, directors, agents, and employees from and against all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including without limitation reasonable attorney's fees, arising out of or attributable to Contractor's performance or failure to perform its obligations under this Agreement.
20. Miscellaneous.
20.1 . All written notices required to be given pursuant to the terms hereof shall be either (a) personally delivered, (b) deposited in the United States express mail or first-class mail, registered or certified, return receipt requested, postage prepaid, (c) delivered by overnight courier service, or (d) delivered by email transmission. All such notices shall be deemed delivered upon actual receipt (or upon the first attempt at delivery pursuant to the methods specified in clauses (a), (b) or (c) above if the intended recipient refuses to accept delivery). All such notices shall be delivered to the following addresses, or to such other addresses as the receiving party may from time to time specify by written notice to the other party: Each party agrees that the attorney for such party shall have the authority to deliver notices on such party's behalf to the other party or parties hereto.
To the City:
The City of South Gate
8650 California Avenue
South Gate, California 90280
Attn: Arturo Cervantes
Assistant City Manager and
Director of Public Works
TelephoneNo.: (323)563-9512
Email: [email protected]
With copies (which shall not constitute notice)
to:
Craig D. Hardwick, Esq.
Frost Brown Todd
l MacArthur Place, Suite 200
Santa Ana, California 92707
Telephone No.: (714) 852-6800
Email: [email protected]
And
The City of South Gate
8650 California Avenue
South Gate, California 90280
Attn: Yodit Glaze, City Clerk
Telephone No.: (323) 563-9511
Email: [email protected]
10 Sidewalk Maintenarrce Agreement
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To Contractor: With a copy (which shall not constitute notice) to:
C J Concrete Construction, Inc.
10142 Shoemaker Avenue
Santa Fe Springs, California 90670
Attn: John C. Sarno, CEO
Telephone No.: ( )
Email:
Attn:
Telephone No.: (
Email:
20.2 . Time is of the essence of every provision contained in this Agreement.
20.3 Incorporation of Recitals and Exhibits. All the recitals set forth in this Agreement, and all of the exhibits attached to this Agreement, are by this reference incorporated in and made a part of this Agreement as though fully set forth herein.
20.4 Successors and Assigns. Without limiting the generality of Section 13 above, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns.
20.5 Force Maieure. If either party is delayed or hindered in, or prevented from, the performance of any act or the payment of any amounts required underthis Agreement by reason of a "Force Majeure" as defined below, then performance of such act will be excused for the period of delay and the period for the performance of any such act will be extended for a period equivalent to the period of such delay. As used herein, the term "Force Majeure" means any one or more of the following to the extent not caused by the party claiming the delay: (a) fire, earthquake, flood or other natural disaster; (b) intermption of any public utilities, including without limitation electricity, gas, water, sewer or telephone service; (c) governmental action or inaction, including without limitation failure, refusal or delay in issuing permits, approvals and/or authorizations; (d) governmental declarations of local, regional, state-wide or national emergencies, including without limitation governmental declarations which mandate or recommend the fiill or partial closure of the performing party's business; (e) restrictive governmental laws, regulations or orders; (f) strikes, lock-outs, or similar labor internuptions; (g) inability to procure necessary construction materials; (h) riots, civil unrest or insurrection; (i) criminal activity; (j) terrorism; (k) war; (l) epidemics and/or pandemics; (m) quarantines; or (n) any other unusual and unforeseeable delay not within the reasonable control of the party delayed.
20.6 Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments hereto.
20.7 Governing Law. This Agreement shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles. 11 Sidewalk Maintenance Agreement
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20.8 Consent to Jurisdiction and Service of Process. All judicial proceedings brought against any party hereto arising out of or relating to this Agreement may be brought in any state or federal court of competent jurisdiction in the County of Los Angeles, State of California, and by execution and delivery of this Agreement each party accepts for itself and in connection with its properties, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts (both personal jurisdiction and subject matter jurisdiction), waives any defense of forum non conveniens and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. Each party hereby agrees that service of all process in any such proceeding in any such court may be made by registered or certified mail, return receipt requested, to any other party at its address provided herein, such service being hereby acknowledged by each party to be sufficient for personal jurisdiction in any action against said party in any such court and to be otherwise effective and binding service in every respect. Nothing herein shall affect the right to serve process in any other manner permitted by law.
20.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. In addition, this Agreement may contain more than one counterpart of the signature page and may be executed by the affixing of the signatures of each of the parties to any one of such counterpart signature pages; all of such counterpart signature pages shall read as though one and they shall have the same force and effect as though all of the signers had signed a single signature page.
20.10 EntireAgreement. ThisAgreement,thePlansandSpecifications,andthe municipal codes and other laws cited in this Agreement, together contain the entire understanding of the parties and supersede any and all other written or oral understanding. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
20.11 . Any captions or headings to the Sections and subsections in this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of validity of this Agreement or any provision hereof.
20.12 Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein.
20.13 Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Agreement.
20.14 NoWaiver. Anywaiver,consent,orapprovalbyeitherpartyofanybreach, default, or event of default of any provision, condition or covenant of this Agreement must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default, or event of default 12 Sidewalk Maintenance Agreement
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of the same or any other provision of this Agreement. Any failure or delay on the part of either party in exercising any power, right or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof.
20.15 Rights and Remedies. No right or remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies.
20.16 Joint and Several Liability. If Contractor constitutes more than one person or entity, then the obligations of each such person or entity shall be joint and several.
20. 17 No Third-Party Beneficiaries. The parties hereto acknowledge and agree that no provision in this Agreement may be enforced by any third party.
20.18 Patriot Act Compliance. Contractor represents, warrants and covenants that neither Contractor nor any of its shareholders, officers, directors, members, managers or partners (i) is listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Asset Control, Department of the Treasury ("OFAC") pursuant to Executive Order No. 13224, 66 Fed. Reg. 49079 (Sept. 25, 2001) ("Order") and all applicable provisions of Title III of the USA Patriot Act (Public Law No. 107-56 (October 26, 2001)); (ii) is listed on the Denied Persons List and Entity List maintained by the United States Department of Cornrnerce; (iii) is listed on the List of Terrorists and List of Disbarred Parties maintained by the United States Department of State, (iv) is listed on any list or qualification of "Designated Nationals" as defined in the Cuban Assets Control Regulations 31 C.F.R. Part 515; (v) is listed on any other publicly available list of terrorists, terrorist organizations or narcotics traffickers maintained by the United States Department of State, the United States Department of Commerce or any other governmental authority or pursuant to the Order, the rules and regulations of OFAC (including without limitation the Trading with the Enemy Act, 50 U.S.C. App. 1-44; the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06; the unrepealed provision of the Iraq Sanctions Act, Publ.L. No. 101-513; the United Nations Participation Act, 22 U.S.C. § 2349aa-9;TheCubanDemocracyAct,22U.S.C. §§60-01-10;TheCubanLibertyandDemocratic Solidarity Act, 18.U.S.C. §§ 2332d and 233; and The Foreign Narcotic Kingpin Designation Act, Publ. L. No. 106-120 and 107-108, all as may be amended from time to time); or any other applicable requirements contained in any enabling legislation or other Executive Orders in respect of the Order (the Order and such other rules, regulations, legislation or orders are collectively called the "Orders"); (vi) is engaged in activities prohibited in the Orders; or (vii) has been convicted, pleaded nolo contendere, indicted, arraigned or custodially detained on charges involving money laundering or predicate crimes to money laundering, drug trafficking, terrorist- related activities or other money laundering predicate crimes or in connection with the Bank Secrecy Act (31 U.S.C. §§ 5311 et. seq.).
20.19 City Council Approval Required for Effectiveness of Agreement.
Notwithstanding any earlier execution of this Agreement by any officer, employee or representative of the City, this Agreement shall not be binding upon or enforceable against the 13 Sidewalk Maintenance Agreement
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City unless and until it has been approved or ratified by the City Council of the City at a public meeting noticed and conducted in accordance with applicable provisions of the California Government Code.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized. "CITY"
CITY OF SOUTH GATE
BY:
Maria Davila, Mayor
Dated: October , 2025
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
B7:
Rail F. Salinas, City Attorney
"CONTRACTOR"
C J CONCRETE CONSTRUCTION, INC.
BY:
Jon C. Sarno, CEO
Sidewalk Maintenance Agreement
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Exhibit "A"
Proposal
[Attach C.J. Concrete Construction's Proposal Here} AS13772.0860872 4919-0177-9570vl
15 Sidewalk Maintenance Agreement
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Exhibit A
CJ CONCRETE CONSTRUCTION, INC.
10142 SHOEMAKER AVE.
SANTA FE SPRINGS, CA 90670
License No.: 720989 Exp: 04/30/2026
DIR: 100 000 2154
PHONE: (562)777-2222
FAX:N/A
tffl
213
CJ CONCRETE CONSTRUCTION, INC.
10142 Shoemaker Ave,
Santa Fe Springs, CA 90670
Phone No.: (562)777-2222
License No.: 720989
A-General Engineer
DIR: 10000021 54
Subject: Request for Proposal (RFP) for Annua( Sidewalk Maintenance CJ Concrete Construction, Inc. is excited to submit our bid for the upcoming project For sidewalk cutting, asphalt ramping of sidewalk, and remove of temporary asphalt and replacement of concrete sidewalk. We are committed to delivering the highest quaiity workmanship and ensuring that every aspect of the project meets the highest standards of excellence.
Company Overview: CJ Concrete Construction, Inc. has been a trusted name in the construction indusfry since 1995. With over 30 years of experience, we specialize in delivering high-quality concrete solutions, including curbs, gutters, sidewalks, driveways, and ADA ramps. Our commitment to excellence and customer satisfaction has earned us a reputation for reliability and superior craftmanship.
-al
20 214
Subject: Past Proiects
CJ CONCRETE CONSTRUCTION, INC.
"10142 Shoemaker Ave. License No.: 720989
Santa Fe Springs, CA 90670 A-General Engineer
Phone No.: (562)777-2222 DIR: 1000002154
Description of Project and Services Performed: OMNIBUS CONCRETE REPAIRS / REPLACEMENT OF
DAMAGE & DETERIORATED CONCRETE SIDEWALKS
Client/Owner ProjectC6ntact Information: CITY OF SANTAANA o FlrstandLastName:DANNYSWAIN
o Title:ProjectManager
o Address: 20 CMC CENTER PLAZA, SANTA ANA, CA 92701 o EmailAddress: DSWAIN(a)SANA-ANA.ORg
o Phone Number: (714) 647-5400
o Contract Amount: $3,700,000.00
Description of Project and Services Performed: CITYWIDE ANNUAL CONCRETE / ON-CALL ANNUAL
CONCRETEIMPROVEMENTS
C(ient/Owner Project Contactlnformation: CITY OF BELLFLOWER o Firstand LastName: PHILIPWANG
o Title: Project Manager
o Address: 16600 CIVIC CENTER DRIVE., BELLFLOWER, CA 90706 o Email Address: pwang(a)bellflower.org
o PhoneNumber:(562)804-j424
0 ContractAmount:$2,417,50 €.00
Description of Proiect and Services Performed: SIDEWALKIMPROVEMENTS IN VARIOUS LOCATIONS / BRY AN STREET AND COCHRAN AVE SIDEWALK [MPROVEMENTS * Client/Owner Project Contactlnformation: CITY OF RIVERSIDE o First and Last Name: MARK MENSEN
o Title: Project Manager
o Address:3900 MAIN STREET, RIVERISDE, CA 92501
o EmailAddress: MMensen(a)riversideca.gciv
o PhoneNumber:95'i-826-5990
a
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CJ CONCRETE CONSTRUCTION, INC.
4 0142 Shoemaker Ave. License No. : 720989
Santa Fe Springs, CA 90670 A-General Engineer
Phone No.: (562)777-2222 DIR: 1000002154
o Contract Amount: $949,556.00
* Description of Project and Services Performed: CURB RAMP INSTALLATION / CDBG ADA CURB
RAMP INSTALLATION PROJECT
CLient/Owner Project Contact Information: CITY OF EL SEGUNDO o First and Last Name: FLORIZA RIVERA
o Title: Project Manager
o Address: 350 Maln Street, El Segundo, CA 90245
o Email Address: frivere("ielsegunda.org
o PhoneNurnber:(:310)524-2361
0 Contract Amount: $265,400.00
Description of Project and Services Performed: CONCRETE IMPROVEMENT / CONCRETE
IMPROVEMENT PROJECT
* Client/Owner Project Contact Information: CITY OF EL SEGUNDO o First and Last Name: FLOR[ZA RIVERA
o Title: Project Manager
o Address:350MainStreet,ElSegundo,CA90245
o EmaikAddress: [email protected]
o Phone Number: (310)524-2361
0 ContractAmount:$195,073.00
* DescriptionofProjectandServicesPerformed:OnCallMaintenance Client/Owner Project Contact Information: CITY OFIRVINE o First and Last Name: Billy Walker
o Title: Project Manager
o Address: 1 Civic Center Pleza, Irvine, CA 92606
o EmailAddress: bwaLker(a)cityofirvins.org
o Phone Number: (949)724-7616
o ContractAmount: $922,984.78
s
216
CJ CONCRETE CONSTRUCTION, iNC.
10142 Shoemaker Ave.
Santa Fe 8prings, CA 90670
Phone No,: (562)777-2222
License No.: 720989
A-General Engineer
DIR: "10000021 54
* DescriptionofPro%ctandServicesPerformed:HardscapeMaintenance C(lent/Owner ProJect Contact !nformation: CITY OF LAKEWOOD o First and Last Name: Tiffany Karzen
o Title: Project Manager
o Address: 5050 Clark Ave, Lakewood, CA 90712
o Emeil Address: tkarzen(a)lakewoodca,@ov
o Phone Number: (562)886-9771
o Contract Amount: I O,000,000.00 since 2004
Description of Project and Services Performed: Sidewalk Rehabilitation Project FY2024-2025 Client/Owner Project Contactlnformatlon: CITY OF MAYWOO €) o First and Last Name: Rudolph RodriBuez
o Title: Project Manager
o Address:4319ESlausonAve,Maywood,CA90270
o EmaitAddress:rudolpli.rodrigusz(o>transtech.or(,
o Phone Number: (628)856-0394
o Contract Amount: 72,624.00
s
217
CJ CONCRETE CONSTRUCTION, INC.
'l O'l42 Shoemaker Ave. License No.: 720989
8anta Fe Springs, CA 90870 A-General Engineer
Phone No.: (562)777-2222 DIR: 1000002'l54
Subject: Company Key Staff
Hector Hernandez - General Superintendent
Hector Hernandez is the General Superintendent of CJ Concrete Construction, Inc. He hos fhirfy-one {3)) experience in the general engineering and landscape Fields. While offending coliege he has began working in the landscape field. He was noticed by vorious general contractors ond was given an opportunity to join a concrete crew.
He has a strong knowledge of engineering, concrete and landscape construction, He has been with CJ Concrete Construction Inc. from the beginning and has overseen all the various construction projects completed.
TBD Foreman
The foreman is responsible For overseeing doily construction site activities, ensuring projects are completed on schedu(e and within budget. Key duties include supervising and directing tradespeople, coordinating with project managers and other stakeholders, conducting qua)ity control checks, and enforcing safety profocols. The foreman olso troubleshoots issues, mQnCigeS materials ond equipment, and maintains accurate records of progress and incidents. Effective communico+ion, problem-solving, and leadership skills are essential for success in this role.
Jenifer Hernadez - Project Manager
The project manager oversees construction projects from inception to completion, ensuring timely, budget-friendly, and quality delivery. Key responsibilities include developing project plans, managing budgets and schedules, providing submitfals, coordinating with clients, architects, engineers, and contractors, and monitoring progress. They identify and mitigate risks, resolve conflicts, and ensure compliance with regulations and safety stondards. Effective communication, strotegic planning, and problem-soMng skills are crucial for success in this role, as project manogers balonce competing demands to deliver projects tha'f meet client expectations. a
218
CJ CONCRETE CONSTRUCTION, INC.
40142 ShoemakerAve.
Santa Fe Sprlngs, CA 90670
Phone No.: (562)777-2222
License No.: 720989
A-General Engineer
DIR: -1000002154
Rachel Jimenez - Poyroll Officer
The payroll officer is responsible for managing fhe accurate ond timely poymen+ of construction employees, ensuring compliance with labor laws and company policies.
Key duties include processing payroll data, tracking hours worked, colcula+ing wages and benefits, and handling deductions and toxes. They also maintain employee records, resolve payroll discrepancies, and provide support during audits. Additionolly, the payroll officer may be involved in benefits administration, workers' compensation claims, and reporting requirements, requiring strong attention to detail and organizational skills.
a
219
INDUSTRIAL SAFETY RECORD FORM
Current Year
of Record
2[)25 2024
2023 I
2022 2t)21 TOtal
Number of contrads 05 O!.i 17 ' 10 i 10 10 52 I
Total dollar amountof
contracts (in thousands of
dollars)
03 1
I
03MM
1 3DMM . 2DMM l4MM
I
1rJMM ?7MM
, Number of fatalltias 00
} DO I
, [)O DO ' DO DO 00
Numberof]ostworkday
jCaSE!S
' 00 IDO j'j 'JO
!
00 I
tjL)
I OU '
i ( }ia;
I
INumber of lost workday
Icases invo)ving permanent
Itransfer to another job or
I termination of emptoymem
00 III
[)() :
l !-
I fX')
I
00 I
too
l
I DO
CJ CONCRETE CONSTRUCTION, INC.
!O'l42 ShoemakorAm
3amaFe 8prir+@s, CA90670
PthaiigNo: (662)777-2222
Licarise No: 720989
A-General Engineer
[alR- laODOO2lS4
BIDDER'S NAME: CJ CONCRETE CONSTRUCTION, iNC.
220
ATTACHMENT I
item # Descriptiori Unit
Estimated
j Annual
Quantity
I
Year 4 -
Unit Cost
Year1-
Total Cost
I
Year 2 -
Unit Cost
Year 2 -
Total Cost
Year 3 - l
Unit Cost i
' \ear 3 -
' Total CostTask 1 Sidewalk Cutting
I
EA 500
$125.00 $62,500.00 $135.00 $ 67,500.00 $140_00 I$70,000.C)0 Task 2 Asphalt Ramping or
Sidewalk
EA 300
$600.00 $180,000.00 $600.00 $180,000.00 $600_00 $180,000.00 Task 3 Removal of Asphalt Patch
and Installation of Concrete
SF 1000
$13.00 $13,000.00 .jl4.00 $14000.00 $15.OC) $1 5,000_00 Total
tlUl'!A!lJi':f
$738.00 $255,500.00 $749.00
, I
$261,500.00
I
$755_00 $265.000.00
COST FORM
Base Bid
"Estimated annual quantities are subject to change based on unit pricing, as the intent is to maintain the selected contractor'sengagement throughout the year. " Quantities per task may vary month to month.
14 221
Additive Alternative Schedule
Item
#
Description Unit 'Yearl- Yn;l
Cost
Year 2 - Unit
Cost
Year 3 - Unit
Cost
1. Remove and Replace Sidewalk SQ
$13.00 $14.00 $15.00
2. Paint Asphalt Patch to match
surrounding concrete
EA
1$300.00
$300.00
I
$300.00
I
15 222
ATTACHMENT 2 - LIST OF SUBCONTRACTORS
NAME OF BIDDER CJ CONCRETE CONSTRUCTION, INC.
LIST OF SUBCONTRACTORS
In accordance with Division 2, Partl, Chapter 4 of the Public Contract Code, including Sections 4100-4'l13. The prime contractor shall submit with his bid a list of subcontractors who will perform work in excess of one-half of 1 percent of the prime contractor's total bid.
Subcontractors listed must be properly licensed for the type of work they are to perform and their )icense numbers must be indicated below. Do not list alternate subcontractors for the same work.
Name & Address of Subcontractor
Name CASELAND SURVEYING, INC
AddreSS 614NECKOFFSTREET
License No. L541 1
Classification Surveying
Specific Description of Subcontract
SLIRVEYING PORTION
ORANGE, CA 92868
5B3il Address [email protected]
Department of Industrial Relations Public Works Contract (D.I.R.P.W.C) RegJstration NO: 1000001533
Name PRECISION CONCRETE CUTTING
Address 13089 PAYTON DR.
License N0. 925449
Classificgtion SIDEWALK CUTTING
SIDEWALK CUnlNG
CHINO HILLS, CA 9'l709
Email Address [email protected]
Department of Industrial Relations Public Works Contract (D.I.R.P.W.C) Registration NO: '1000003322
Name
.,2,1
223
Address
License No. Email Address
Classification
Department of Industrial Relations Public Works Contract (D.I.R.P.W.C) Registration No:
Name
Address
License No. Email Address
Classification
D.I.R.P.W.C. Registration No:
Name
Address
License No. Email Address
Classification
Department of Industrial Relations Public Works Contract (0.1,R.P.W.C) Registration No:
Name
Address
License No. Email Address
Classification
Department of Industrial Relations Public Works Contract (D.I.R.P.W.C) Registration 3o
224
ATT ACHMENT 3 - CONTRACTOR'S QUALIFICATIONS ST ATEMENT
CONTRACTOR'S QUALIFICATION ST ATEMENT
To: The City of South Gate
The undersigned certifies that the bidder has successfu[ly and properly completed projects of like nature, magnitude, comparable difficulty, and scope as specified in these specifications.
Three (3) of recent comparable projects completed are below:
Project Name OMNIBUS CONCREt'E REPAIRS
0B3(yjpii@4 REPLACEMENT OF DAMAGE & DETERIORATED CONCRETE SIDEWALKS
DANNY SWAIN
Person to Contact
PROJECT MAN AGER
Job Title
DSWAIN@SANT A-ANA.ORG
Phone No.
CITY OF SANTA AN A
City
$3,700,000.00
Contract Amount
DECEMBER 2023
Date Completed
Description MAINTENANCE IN V ARIOUS LOCATIONS AROUND THE CITY
BILLY WALKER
Person to Contact
PROJECT MANAGER
Job Title
(949)724-7 616
Phone No.
CITY OF IRVINE
City
$922,984.78
Contract Amount
APRIL 2023
Date Completed
p70jBd %3yylB ON-CALL ANNUAL CONCRETE IMPROVEMENTS
0BB(,7jpii07 CITYWIDE ANNUAL CONCRETE
PHILIP WANG PROJECT MANAGER
Person to Contact Job Title
(5 62)804-'1424
Phone No.
CITY OF BEILFLOWER
City
$2,417,500.00
Contract Amount
DECEMBER 2024
Date Completed
Failure to complete this portiort of the bid shall at the City's discretion constitute the basis to 3i
225
either declare the apparent low bidder's bid non-responsive or declare the bidder to be non- Datedthis'j day'of JULY ,2025
226
ATT ACHMENT 4 - CONTRACTOR'S ORGAN!ZATION ST ATEMENT AND PERFORMANCE
HISTORY
CONTRACTOR'S ORGANIZATION ST ATEMENT AND PERFORMANCE HISTORY The term "Owner" shall refer to any private firm or public agency to which the Contractor has submitted a bid to, or contracted with, for any construction contract.
Submitted By: CJ CONCRETE CONSRTUCTION, INC.
Name must correspond with the Contractor's License
s/ Corporation Partnership Individual Joint Venture
If a corporation, under the laws of what State is it organized? CALIFORNIA California Regional Office (s'):
Use the form titled "Additional Information and/or Comments" for providing requested or additional information for each of the following questions to which you answer "yes" or for any comments.
How many years experience in construction work under current organization? (a) As a General Contractor? 29 YEARS From 1996 to 2025/ CURRENT (b) As a Subcontractor? From to 20
Provide the following information as to contract experience with public entities or governmental agencies only, within the past ten (1 0) years. If none, write "NONE" on the chart.
TITLE OF PROJECT
COMP-LETION
DATE
NAME OF AGEfNCY-,TELE-P-HC)N-E-No-. '
_AND NAME OF PERSON TO CONT ACT ,
'OMNIBUS (_IONCkbl b RbHAlkS /
REPLACEMENT OF DAMAGE &
DETERIORATED CONCRETE SIDEW ALKS
DECEMBER 2023
CITY OF SANTA ANA
(71 4) 647-5400
DANNYSWAIN I
CITYWIDE ANNUAL CONCRETE /
ON-CALL ANNIIAL CONCRETE
IMPROVEMENTS
DECEMBER 2024
iCITYOFBELLFLOWER
i562)804)424
PHILIP WANG
SIDEW ALK IMPROVEMENTS IN VARIOUS
LOC ATIONS / BRY AN STREET AND MAY 2025
CITY OF RIVERSIDE
, 19 51)826-5990
MARK MENSON
circumstances
33 227
submission ofthe !owest
state the name of the Owner, the date of the denial, the title and number of the contract bid, and the grounds on which the Owner based the denial of award.
Has your company been assessed liquidated damages by any Owner? YES NO V' , If so, as to each assessment of liquidated damages, state the name of the Owner, the date of the assessment, the title and number of the contract, and the grounds on which the Owner based the assessment of liquidated damages.
each inquiry, state the name of the Owner, the date of the inquiry, the grounds on which the Owner based the inquiry, and the result of the inquiry.
Has your company been the subject of any inquiry by any Owner as to whether your company has made any false claim or other material misrepresentation? YES NO 4. If so, as to each inquiry, state the name of the Owner, the date of the inquiry, the grounds on which the Owner based the inquiry, and the result of the inquiry.
Has your company made any false claim or misrepresentation in the submittal of any c1aim pertaining to any construction contractor with an Owner? YES NO %/ . If so, state the circumstances, including the reason for submittal of fafse material.
Js your company currently asserting against any Owner any construction claim (s) in excess of $100,000.00, or has your company made such claim (s) against any Owner? YES NO v' . If so, as to each such claim, state the name of the Owner, the date of the claim, t)"ie grounds of the claim, the amount of such claim, the present status of such claim, the date of resolution of such claim if resolved, and the amount and method by which such claim was resolved, if resolved.
Is your company currently a party against any 0wner in any litigation pertaining to any constructionproject,orhasyourcompanybeenapartytosuchlitigation? YES NO 4.
If so, as to each such litigation, state the name of the Owner, case number, the court and jurisdiction in which said litigation is pending or was brought, the nature of the litigation, the amount at issue in the litigation, the present status of such litigation, the date of resolution of such litigation if resolved, and the amount and method by which such litigation was resolved, if reso!ved.
3'f
228
ADDITIONAL INFORMATION AND/OR COMMENTS
Use this page for providing requested or additional information or for any comments. If no comments or additional information, write "NONE" at the top of this page. (Duplicate this page if more space is needed). Add corresponding "letter" of each question that the information or comment pertains to.
NONE
229
CJ CONCRETE CONSTRUCTION, INC,
10142 8hoemakerAve.
Santa Fe Springs, CA 90670
Phone No,: (562)777-2222
License No.: 720989
A-General Engineer
DIR: 10000021 54
Subject: Work Schedule
Prior to commencing the project, we notify nearby residents and business owners in the area with advance notices, Once the project begins, the process unfolds in several key stages. First, we use saw cutting to demarcafe and prepare the designated work areas.
Next, demolition takes place to clear the site. The area is then graded to ensure a level surface. Folfowtng this, Framing is constructed to shape the new layout. With the formwork in place, concrete is poured to create the new surface. Finally, we completed the project with bockfi!fing and asphalt slot paving to restore and finish the areCl,
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230
Office of the
SOuth Gate City Cler!
Item No. 7
OCT 2 3 2025
FILED
Cid of South Gate
CITY COUNCIL
AGENDA BJ[LL
Departmentl)irector:
For the Regular Meeting qf October 28, 2025
Originating Department: Community Development
eUA.City Manager:
Rob Houston
SUBJECT: AGREEMENT WITH PERMITECH SOLUTIONS CORPORATION, SUCCESSOR IN INTEREST TO TELECOM LAW FIRM, P.C., FOR WIRELESS
CONSULTING SERVICES
PURPOSE: To approve an Agreement with PermiTech Solutions Corporation ("PernniTech") to provide wireless consulting services.
RECOMMENDED ACTIONS:
a. Approve Agreement with PermiTech to provide wireless consulting services; and b. Authorize the Mayor to execute the Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: The consultant will charge $2,450.00 per application reviewed. For purposes of the agreement, the total amount of compensation has been set at a not-to-exceed sum of $50,000.00. The exact amount of applications and fees to be billed from the consultant is unknown at this time. Fees will be paid from deposit funds received from telecommunication companies proposing to install or modify wireless telecornrnunication antennas in the City. These deposits will create a net-zero impact on the General Fund, meaning that the pertnittee will pay at-cost for all expenditures deriving from the request.
ANALYSIS: The City expects to receive and review wireless telecommunication applications with various telecommunication companies (i.e., Verizon, AT&T, T-Mobile, Crown Castle, Mobilitie, and others) and desires to engage the specialized services of PermiTech to provide services, as needed.
BACKGROUND: On July 27, 2021, the City executed ContractNo. 2021-96-CC for an agreement with Telecom Law Firm, p.c. ("TLF") to provide specialized legal services on wireless and wired telecommunication law and wireless consulting services. In September 2025, City staff was informed that TLF's legal services (legal and privileged) will be transferred to Colantuono, Highsmith & Whatley p.c. ("CHW"), and wireless consulting services had been transfened to PermiTech. For the purpose of this report, the focus is on wireless consulting services with PermiTech.
1 231
PermiTech was formerly an operating division within TLF and is now operating independently.
PermiTech's staff are all former staff working at TLF. Former TLF senior staff member, Lory Kendirjian, serves as PermiTech's President and Director of Wireless Operations, and has been involved in over 9,700 wireless siting projects over the past 11 years with TLF. PermiTech follows a structured timeline to ensure thorough analysis and timely feedback, which includes Small cell application review within 14 days and other applications reviewed within 28 days.
ATT ACHMENTS:
A. Agreement for Wireless Consulting Services with PermiTech B. PermiTech's Proposal
2 232
Attachment A
EXHIBIT A
AGREEMENT FOR PROFESSIONAL SERVICES FOR WIRELESS
CONSULTING SERVICES BETWEEN THE CITY OF SOUTH GATE
AND PERMITECH SOLUTIONS CORPORATION
This Agreement for Professional Services for Wireless Consulting Services ("Agreement") is made and entered into on October 28, 2025, by and between the City of South Gate, a municipal corporation ("City"), and PermiTech Solutions Corporation, a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECIT ALS
WHEREAS, City desires to retain a qualified provider for certain services relating to wireless consulting services:
WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the Professional Services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform the services as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing.
2. COMPENSATIONFORSERVICES. ThetotalamountofcompensationforthisAgreement shall not exceed the sum of Fifty Thousand Dollars ($50,000.00) as described in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by the City Manager or his/her designee.
2.I Consultant shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis, which shall be subject to City approval.
2.2 Consultant shall be paid in accordance with the schedule included in Consultant's proposal attached hereto as Exhibit "A." City shall pay Consultant within§ days 5116863. 1-L235.0 (Form Rev. 9/8/21)
3 233
Agreement for Professional Services
PermiTech Solutions Corporation
of receipt of the invoice.
2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
3. TERM OF AGREEMENT. This Agreement is effective as of October 28, 2025, and will remain in effect for a period of § years from said date or until project completion, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
4. CITY AGENT. The City Manager, or his/her designee, for the purposes of this Agreement, is the agent for City. Whenever approval or authorization is required, Consultant understands that the City Manager, or his/her designee, has the authority to provide that approval or authorization.
5. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by Consultant under this Agreement. Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the term of this Agreement.
5.1 Consultant represents that no City employee or official has a material financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this contract, Consultant shall not offer, encourage or accept any financial interest in Consultant's business or in this Agreement by any City employee or official.
6. GENERAL TERMS AND CONDITIONS.
6.1 Termination for Convenience. City may terminate this Agreement at any time without cause by giving fifteen (15) days written notice to Consultant of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided herein, Consultant will be paid the total amount of its costs as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
6.2 Termination for Cause.
6.2.1 City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
a. IfConsultantfailstoperformtheservicesrequiredbytisAgreementwithin 5116863.1-L235.0
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Agreement for Professional Services
PermiTech Solutions Corporation
the time specified herein or any authorized extension thereo'f; or b. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure withing a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.
6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.
6.2.3 If this Agreement is terminated as provided above in Subsection 6.2.1, City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computations, surveys, models, or other similar documentation prepared by Consultant. Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.
6.2.4 If, after notice of termination of the Agreement under the provisions of Subsection 6.2.1 above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6.1. above.
6.3 Non-Assignability. ConsultantshallnotassignortransferanyinterestinthisAgreement without the express prior written consent of City.
6.4 Non-Discrimination.
6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of to race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and the City governments. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, 5]16863.1-L235.0 5
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Agreement for Professional Services
PermiTech Solutions Corporation
religion, ancestry, sex, national origin, disability, or age. Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perfornn services under this Agreement, are free from such discrimination. Such employment practices include, but are limited to: hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
6.4.2 The provisions of Subsection 6.4.2 above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data, and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.
6.5 Insurance. Consultant shall submit to City, certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
6.5.1 Workers Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such workers' compensation insurance for their respective employees.
6.5.2 Comprehensive general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
b. Name and list as additional insured the City, its officers and employees. c. Specify its acts as primary insurance.
d. Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except upon thirty (30) days prior written notice to City of such cancellation or material change."
5116863.1-L235.0
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Agreement for Professional Services
PermiTech Solutions Corporation
e. Cover the operations of Consultant pursuant to the terms of this Agreement.
6.6 Indemnification. Consultant agrees to indemni:[y, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third parties not acting on behalf of, at the direction of, or under the control of Consultant.
6.7 Compliance with Applicable Law. Consultant and City shall comply with all applicable laws, ordinances, and codes of the Federal, State, County and City governments, without regard to conflict of law principles.
6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between City and Consultant.
6.8.1 Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement.
6.8.2 Indemnification of CalPERS Determination - In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for emollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of City.
6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City. Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be 5116863.1-L235 0
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Agreement for Professional Services
PermiTech Solutions Corporation
the sole responsibility of Consultant.
6.9 Consultant's Personnel.
6.9.1 All services required under the Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
6.9.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
6.9.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance and Social Security.
6.9.4 Consultant shall indemnify and hold harmless City and all other related entities, officers, employees and representatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices or of any acts of omissions by Consultant in connection with the work performed arising from this Agreement.
6.10 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Consultant.
6.11 Legal Construction.
6.11.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California without regard to conflict of law principles.
6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the dra:[ting party shall not be applicable to this Agreement.
6.11.3. The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
5116863.1-L235.0
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Agreement for Professional Services
PermiTech Solutions Corporation
6.11.4. Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.12 Counterparts. This Agreement may be executed in counterparts and, as so executed, shall constitute an agreement which shall be binding upon all Parties hereto.
6.13 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim withinten(10)calendardaysofthereceiptofthatcheck. However,approvalorpayment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, sub-consultants and agents.
6.14 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably, timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant.
6.15 Files. All files of Consultant pertaining to City shall be and remain the property of City.
Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.16 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
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6.17 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.
6.18 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in :tull force without being impaired or invalidated in any way.
6.19 Attorneys' Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that Party or those Parties may be entitled.
6.20 Entire Agreement and Amendments. This Agreement constitutes the whole agreement between City and Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.
6.21 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery and depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
City of South Gate
Rob Houston
City Manager
South Gate, CA 90280
Email: [email protected]
TEL: (323)563-9503
TO CONSULT ANT:
Lory Kendirjian
President and Director of Wireless Operations
PermiTech Solutions Corporation
6320 Topanga Canyon Boulevard
Suite 1630 #1100
WITH COURTESY COPY TO:
City of South Gate
Yodit Glaze, City Clerk
8650 California Avenue
South Gate, CA 90280
Email: [email protected]
TEL: (323)563-9511
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Agreement for Professional Services
PermiTech Solutions Corporation
Woodland Hills, CA 91367
[email protected]
(310)405-7282
6.22 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.
6.23 Consultation with Attorney. Consultant warrants and represents that it has consulted with an attorney or la'iowingly and voluntarily decided to forgo such a consultation.
6.24Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be construed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.
7. EFFECTIVE DATE. The effective date of this Agreement is October 28, 2025, and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
[Remainder of page left blank intentionally.]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF SOUTH GATE:
B)7:
Maria Davila, Mayor
Dated:
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
PERMITECH SOLUTIONS CORPORATION:
B)7:
Lory Kendirjian
Dated:
5116863.1-L235.0
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Attachment B
asiai
PERMITECH
Solutions
PERMITECH SOLUTIONS
CORPORATION
PROPOSAL
FOR CITYOF SOUTH GATE
WIRELESS TELECOMMUNICATION SERVICES
13'
243
TECHNICAL PROPOSAL BY PERMITECH SOLUTIONS
TO THE CITY OF SOUTH GATE
TO PROVIDE WIRELESS TELECOMMUNICATION FACILITIES
CONSULT ATION SERVICES
PROPOSAL CONTENTS
I.O PERMITECHSOLUTIONSCORPORATIONCOVERLETTER...........................2
2.O TELECOM LAW FIRM, PC LETTER
3.O DESCRIPTION OF THE CORPORATION
.2
2 4.O EXPERIENCE RELATIVE TO CITY NEEDS. 3
5.O DETAILEDWORKPLAN 5
6.O PROJECT MANAGEMENT TEAM 6
7.O PROJECT SCHEDULE AND PROCESS 8
8.O REFERENCES 10
9.O CONSULT(NG SERVICES SCOPE AND FEES 10
10.O CONCLUSION 10
1 1'4
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PermiTech Solutions Proposal
to the City of South Gate for
Wireless Telecommunication Facilities Consulting Services September 22, 2025
1.0 PERMITECH SOLUTIONS CORPORATION COVER LETTER
PermiTech Solutions Corporation ("PermiTech") has provided a separate cover letter.See Exhibit A.
2.0 TELECOM LAW FIRM, PC LETTER
Telecom Law Firm, P.C. ("TLF") Letter to the City. See Exhibit B.
3.0 DESCRIPTION OF THE CORPORATION
For over 18 years through our operations as an operating division within TLF and now onour own but still supported by TLF, PermiTech has provided local governments inCalifornia and beyond with the very same wireless services. Our team's experience inwireless planning on behalf of local governments in California actually dates back over25 years.
PermiTech fully understands the City's wireless needs. We perform essentially the samescope of work for virtually every other California jurisdiction that has retained our serviceswithin TLF specifically to review and help our government planning clients to properly andtimely process wireless and other similar applications.
PermiTech's team evaluates proposed wireless deployments for compliance with local,state, and federal law. PermiTech supports local government staff by conducting wirelessapplication reviews within the FCC's and State of California's rules and shot clocktimelines for incomplete notices, resubmittals, and overall project reviews. Note that thefederal and state shot clocks preempt the California Permit Streamlining Act, and differentshot clocks apply to different types of wireless projects.
PermiTech's team has extensive expertise in creating and reviewing wireless applicationforms, ensuring compliance with industry regulations and best practices.
With our thorough understanding of the technical aspects of wireless communications,PermiTech assesses the accuracy, clarity, and completeness of these wireless siteapplication documents. We focus on identifying potential risks, addressing regulatoryrequirements, and providing actionable recommendations to enhance both communityaesthetics and regulatory compliance.
TLF's founder, and now Senior Advisor to PermiTech, Dr. Jonathan L. Kramer has beena radio frequency (RF) and broadband telecommunications engineer for over 40 years,and as an attorney nearly 20 years. Over the entirety of those 40 years, Dr. Kramer hasfocused the core of his practice serving local and state governments. 2 1.6
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Wireless-TelecommunicationFacilities Consulting Services September 22, 2025
Dr. Kramer holds multiple FCC radio engineering (icenses, as well as a California Contractors License for telecommunications systems. He has also served as an expert witness and/or trial advisor in over 40 wireless and wireline cases.
PermiTech is incorporated in California, and the principal owner is Ms. Lory Kendirjian, the founder of PermiTech and former Senior Project Manager in TLF.
PermiTech has four core experienced planning professionals who focus on telecommunications, wireless siting, and fiber optic network permitting. They are:
Ms. Lory Kendirjian, President and Director of Wireless Operations Ms. Joey Isaac, Project Manager
Ms. Annette Strong, Project Coordinator/Business Manager Dr. Jonathan Kramer, who serves as the Senior Advisor.
What differentiates our team from other service providers is our core strength: Our ability to translate wireless technical issues and practices into plain English so that the City's planning staff, the Commissioners, and the Elected Officials may make sound and informed regulatory and policy decisions. This allows the City's constituents better understand the regulatory setting and processes required of local governments by the FCC and the State of California.
4.0 EXPERIENCE RELATIVE TO CITY NEEDS
PermiTech has direct experience providing wireless consultation services to local public agencies in California. Through TLF, we have completed nearly 9,700 wireless site project reviews for municipalities in California, Oregon, Washington, New Mexico, Texas, Florida, Missouri, and beyond.
Past experiences have taught us that wireless infrastructure deployments offen trigger keen community interest. We know how to effectively address those interests and concerns through rigorous project analysis, respect for the community and the law, and responsiveness to public participation in the review process..
PermiTech's professionals provide objective technical perspectives, municipal staff and officials depend on the information we provide to make informed planning decisions that better respond to local interests.
PermiTech's team has an extensive and successful track record assisting locaJ governments throughout California and beyond through our formal reviews of thousands of wireless deployment applications; applications to modify existing sites; enforcing permit conditions; preparing wireless application completeness reviews; and timely delivering project review memorandums with specific permitting conditions. 3 246
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Our team has formally and informally advised and taught wireless permitting processes to more than I,000 public agencies throughout the U.S. regarding applications forwireless deployments, ordinances, and wireless policies.
Through our staff of wireless siting professionals, we guide our government clients in understanding and resolving unique issues in telecommunications facilities siting matters while striking the balance between deployment and community aesthetics that uniquelysuit each community.
Working closely with the City, PermiTech is committed to ensuring that all wireless shot clock requirements are met efficiently and in compliance with local regulations. By leveraging its expertise in both municipal codes and wireless technology, PermiTech collaborates with city officials to navigate any technical, logistical, or regulatory challenges that may arise. This proactive approach includes coordinating with vendors, securing necessaiy permits, and ensuring that the installation and operation ofwireless shot clocks meet strict timelines and performance standards.
Below is a partial but representative list of California local government clients that the PermiTech Solutions team (through our prior work housed in TLF) have provided the same scope of services sought by the City. Those jurisdictions include:
Agoura Hills
Antioch
Artesia
Bakersfield
Berkeley
Brentwood
Burbank
Calabasas
Camarillo
Carson
Cerritos
Concord
Costa Mesa
Danville
EI Monte
Encinitas
Fountain Valley
Fresno
Glendale
Glendora
Grover Beach
Hillsborough
Inglewood
Irvine
La Mesa
Laguna Niguel
Lakewood
Lawndale
Madera
Chino Hills
Monterey
National City
Palo Alto
Pasadena
Pleasanton
Rancho Palos Verdes
Redondo Beach
Richmond
Ross
Santa Clarita
San Marcos
Santa Monica
San Pablo
Sausalito
Seaside
Sebastopol
Signal Hill
Simi Valley
South Gate
South Lake Tahoe
Solana Beach
Temecula
Thousand Oaks
Torrance
Tiburon
Yucca Valley
Furthermore, PermiTech's strengths in analyzing and processing wire'less siting applications lie in our deep understanding of both regulatory frameworks and emerging technological trends. PermiTech ensures that its analysis of wireless policies is comprehensive, compliant, and adaptable to future advancements. Our team is adept at 4 ll
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addressing the complexities of wireless networks, spectrum management, and interconnection agreements, ensuring that policies are practical for the City. This blend of technical expertise, technological insight, and strategic foresight makes PermiTech a trusted partner in the evolving field of wireless policy development.
Unlike most consultancies in this very specialized area of public planning and permitting, PermiTech's professionals understand the core technology issues and industry practices, and the impact or those technologies on local regulatory and proprietary concerns.
5.0 DET AILED WORK PLAN
Our process supporting local government planners is both straightforward and predictable.
Upon receipt of a wireless application package from the City (usually in electronic form provided on the same day as received by the City), PermiTech will identify the regulatory classification under which the project should be processed (i.e., Section 6409(a); small wireless facilities; major CUP modifications; minor CUP modifications, batched applications, standby power generators, etc.).
Once identified, PermiTech first conducts a completeness review or the wireless application to evauate its completeness with the City's requirements and wireless policies. Ita there are incomplete items (and most often there are), PermiTech will send the City a 'Completeness Review' or similar document. This portion of the work entails reviewing all submitted wireless application materials to the City as well as federal and state 'shot clock' calculations. Our Completeness Reviews are written in plain English, and in a way that anticipates that it will be used as an attachment to the City's project complete or incomplete notice to the applicant.
Upon the applicant providing a complete application to the City, PermiTech then conducts and drafis analysis and recommendations on all of the following:
* Section 6409(a) analysis, which includes review or wireless application to determine section 6409(a) applicability based on Section 6409(a) standards.
* Design analysis, which includes discussing design matters, if any, that may reduce the impact of the proposed wireless facility configuration, comparing proposed design for compliance with City wireless ordinance and policy requirements.
* Alternative Sites Analysis, which includes evaluating time, place, and manner considerations for wireless sites, comparing proposed location for compliance with City wireless ordinance and policy requirements.
5 I'F
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* Radio Frequency FCC Compliance Analysis, which includes assessing the planned compliance with federal radio frequency exposure guidelines established by the Federal Communications Commission.
* Small Wireless Facilities Analysis, which includes identifying the elements and applicability of small wireless rules and regulations, calculating the antenna and associated equipment volumes and compliance with RF regulations
* Batched Application Reviews under AB965. PermiTech processes batched applications and decision-making support regarding wireless and wired telecom network deployments submitted under AB965.
6.0 PROJECT MANAGEMENT TEAM
The main point of contact for the proposed engagement will be Ms. Lory Kendirjian, President and Director of Wireless Operations. She is supported by Ms. Joey Isaac, Ms, Annette Strong, and Dr. Jonathan L. Kramer.
Ms. Lory Kendirjian, BSBA, LL.M - PermiTech's President and Director of Wireless Operations
Ms. Lory Kendirjian holds an LL.M (with distinction) in Information Technology and Telecommunications Law and Policy.
Her Masters' dissertation addressed federal and local government small wireless facility policy frameworks, including using wireless siting applications to identify and bridge competing goals and interests. She directly manages PermiTech's project and application review team. She holds a California real estate license and is an ABA-certificated Paralegal.
Ms. Kendirjian serves a critical role in PermiTech's wireless planning review projects and participates in all important management decisions relating to wireless application reviews and processing. Ms. Kendirjian and her team are responsible for the timely processing and analysis of all wireless projects. Over the past 11 years at TLF, she has been involved in over 9,700 wireless siting project reviews for TLF's local government clients.
With Dr. Kramer's consultations, Ms. Kendirjian and her team evaluate and process every wireless application tendered by our government clients for review.
Those reviews include wireless application completeness; federal and state shot clock calculations; jurisdiction-specific ordinance and design guideline requirements; ADA compliance; potential inverse condemnations; power and fiber 6 )"l
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encroachment permits; fiber, TI, and microwave backhauls; alternative sites analysis; signal coverage and capacity claims; and RF safety analysis.
Ms. Joey Isaac- PermiTech's Project Manager
Ms. Joey Isaac is an experienced wireless Project Manager with over 7 years or experience. She specializes in managing end-to-end management of wireless site projects and has a proven track record supporting planning departments from the initial intake of wireless applications through to final permit approvals, encompassing new site builds, and modifications.
In this role, she Facilitates seamless collaboration among internal cross-functional teams, municipal agencies, and external applicants to ensure projects stay on schedule and in compliance with regulatory, zoning, and safety standards.
She is known for a meticulous, detail-oriented approach combined with strong organizational and communication skills. Capable of managing multiple concurrent projects in Fast-paced environments while adapting to evolving priorities. She is a creative problem-solver with a deep understanding of the wireless site development !ifecycle, from site acquisition to construction and close-out.
Ms. Annette Strong- PermiTech's Project Coordinator/Business Manager Ms. Annette Strong is responsible for overseeing the coordination, planning, and execution of wireless projects while managing key business operations to ensure organizational efficiency.
This dual-function role bridges technical coordination and business leadership, playing a critical role in aligning wireless service delivery with strategic goals. Ms.
Strong has great organizational skills and the ability to manage multiple priorities, and a blend of technical understanding and business acumen.
Dr. Jonathan L. Kramer, Esq. - PermiTech's Senior Advisor Jonathan L. Kramer, Esq., J.D., LL.M, LP.D founded Telecom Law Firm and is a current Senior advisor to PermiTech.
He is a nationally recognized radio frequency/broadband technology engineer with over 40 years of experience. Dr. Kramer has advised and lectured to thousands of local and state government agencies-and three branches of the military- regarding issues in telecommunications inFrastructure agreements, radio frequency (RF) emissions safety, broadband, fiber optic and cable television law and technology.
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PermiTech Solutions Proposal
to the City of South Gate for
Wireless Telecommunication Facilities Consulting Services September 22, 2025
Over the last 25 years, Dr. Kramer has served as a telecommunications expert for government agencies across the United States, including more than 40 engagements as an expert witness, trial advisor, or both. Dr. Kramer co-authored and co-edited the FCC's national guidance on radio frequency emissions safety, "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety:
Rules, Procedures, and Practical Guidance."
A lawyer admitted to practice in California and New Mexico, and in the relevant federal district and appellate courts as well as before the Supreme Court of the United States, Dr. Kramer also holds six FCC licenses and certifications. He is licensed as a communications contractor in California (Class C7).
In addition to his Juris Doctor degree (earned cum laude), Dr. Kramer holds an LL,M degree (with distinction) in Information Technology and Telecommunications Law from the University of Strathclyde School of Law. His thesis explored the legal and planning ramifications of Section 6409(a). Furthermore, Dr. Kramer was hooded as a Doctor of Law and Policy at Northeastern University in Boston, where his thesis addressed legal and property value issues regarding cell sites near residences. Dr. Kramer has and continues to serve as a regulatory law and policy instructor at Northeastern University in Masters and Doctoral graduate level programs. Dr. Kramer is also an FAA-licensed UAS pilot, which aids in our planning and enforcement support for local governments.
7.0 PROJECT SCHEDULE AND PROCESS
The timelines for wireless projects are directly controlled by the type of wireless applications involved. That direct control is rooted in FCC rules and California regulations.
For example, the completeness shot clocks for 'small cell' wireless facilities are set at 10 calendar days, as opposed to the standard 30 calendar days for other wireless applications such as 6409(a) applications, CUPs, and new macro cell sites. Additionally, and confusingly, the first completeness shot clock for small cells resets to day zero if the City sends the initial notice of incompleteness within the required time frame, whereas for other projects the shot clock is merely paused.
Given the many and varied shot clocks under federal and state laws, it is important to note that shot clocks on wireless applications begin once an applicant has taken the first substantive step in submitting a wireless application. This means that the shot clocks begin upon submission of even a partial application; not upon the City's acceptance of a complete application. With PermiTech's understanding of these critical factors, we guide the City to better anticipate and manage the legally enforceable timeframes associated with various types of wireless and wireline projects. 8 251
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As to the review of the City's wireless applications and wireless policies, PermiTech can and will review the City's wireless applications and policies following a structured timeline to ensure thorough analysis and timely feedback.
Initial Submission (Shot Clock: Day O): The City receives a wireless site application from an Applicant.
Transmission to PermiTech (Shot Clock: Day O or Day 1): The City transmits to PermiTech the City's wireless application(s) and initial review for type, shot clock, and completeness. This marks the start of PermiTech's review process.
First Review (Shot Clock: Days 1 -9 for Small Cells; Days 1-28 for othertypes):
Within the first review period, PermiTech conducts an initial review to identify any immediate concerns or gaps in the submitted application(s) and policy. If applicable, an internal meeting is scheduled to discuss initial findings. For incomplete projects, PermiTech provides a detailed memo to be attached to the City's timely incomplete notice to the Applicant.
Detailed Analysis (Within 14 days affer the project is deemed complete): A more in-depth review takes place, focusing on technical and regulatory aspects such as design, RF safety and compliance with federal and state regulations.
Feedback and Recommendations (Within 14 days afterthe Detailed Analysis period): PermiTech drafts feedback and recommendations based on the findings from the detailed analysis. If further clarification or revisions are needed, the firm will communicate these to the City's representatives. Depending on the City's feedback, if any, additional time may be required to address requested clarifications/revisions. PermiTech performs a follow-up review to ensure that all feedback has been incorporated and that the application or policy meets all necessary requirements.
Recommended Approval or Denial: Once all revisions are confirmed, PermiTech provides final approval or any remaining considerations for the City's wireless application or policy.
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Wireless Telecommunication Facilities Consulting Services September 22, 2025
8.0 REFERENCES
Below is the contact information for two diverse jurisdictions in California where PermiTech provides essentially the same services as requested by the City:
CITY OF SAN MARCOS
Mr. Sean Del Solar
Planner
[email protected]
(760)744-1050 ext. 3223
CITY OF CERRITOS
Mr. Robert A. Lopez, AICP
City Manager (and former Planning Director)
[email protected]
(562) 916-1201
9.0 CONSULTING SERVICES SCOPE AND FEES
PermiTech's scope of services proposal is contained within Exhibit C and PermiTech's fee proposal is within Exhibit D.
10.0 CONCLUSION
PermiTech appreciates the opportunity to present this proposal to the City. We hope to have a long and supportive relationship with the City of Torrance to serve its constituents and support its staff.
Ms. Kendirjian, along with the rest of PermiTech's staff stand ready to supplement this proposal with any additional information requested by the City, including without limitation making ourselves available for a remote or in-person interview meeting with the City staff.
Respectfully submitted,
PermiTech Solutions Corporation
A\e"'%"
Ms. Lory Kendirjian
President
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September 22, 2025
City of South Gate
Attn: Mr. John Signo
Planning Manager
8650 California Avenue
South Gate, CA 90280
Exhibit A
MS. LORY KENDlfJIAN
PRESIDENT AND DIRECTOR OF WIRELESS OPERATIONS
[email protected]
(310)405-7282
OUR REFERENCE: 5687.45
PermiTech Solutions Corporation ("PermiTech") appreciates the opportunity to submit this proposal to the City of South Gate ("City"). This proposal is to provide a seamless transfer of wireless consulting services from the City's existing wireless consultant to its sister company PermiTech. This document focuses on consulting services for wireless telecommunication facilities. This scope involves technical non-privileged work.
PermiTech fully understands the City's need and current wireless consulting services.
PermiTech is equipped to perform essentially the same wireless scope of services. As such, PermiTech is very interested and committed in providing essentially the same services to the City.
Consultant Identification Contact Information During Proposal Evaluation
Contact Information Authorized to
Bind the Contract
PermiTech Solutions Corporation
6320 Topanga Canyon Blvd.
Ste. 1630 #IIOO
Woodland Hills, CA 91367
(310)405-7282
Ms. Lory Kendirjian
President and Director of Wireless
Operations
(310) 405-7282
Lory@ PermiTechSolutions.com
And
Dr. Jonathan L. Kramer
Senior Advisor
[email protected]
Ms. Lory Kendirjian
President and Director of Wireless
Operations
(310) 405-7282
[email protected]
Respectfully submitted,
PermiTech Solutions Corporation
by
M,<A'yb'aiea
Ms. Lory Kendirjian
President
6320 Topanga Canyon Boulevard STE i630 #IIOO Woodland Hills, CA 91367 PermiTech Solutions 254
@'LA'!'gRgE
September 22, 2025
City of South Gate
Attn: Mr. John Signo
Planning Manager
8650 California Avenue
South Gate, CA 90280
Dear Mr. Signo,
Exhibit B
DR. joxarsui L. KRAMER, ESQ.
LICENSED IN CALIFORNIA AND NEW MEXICO
KRAM [email protected]
DIRECT SO. CA: (310) 405-7333
OUR REFERENCE: 934452.45
It is with great pleasure (and just a bit of pride) that I fully support and participate in the PermiTech Solutions Corporation ("PermiTech") proposal to the City for on-call consulting services related to wireless site and telecom facilities permitting.
As you have read in the proposal, PermiTech"s staff are all former staff working directly with me atTelecom Law Firm, p.c. ("TLF"). This begs the obvious question: "Why isn"t Jonathan proposing directly?" Simply, having served local governments as an telecom advisor for 40 years, and as a local government attorney for 18 years, I have decided to step back...but I am not stepping out.
I have, with pride and happiness, supported Lory Kendirjian (who has been my senior staff member within TLF for more than a decade directly working on over 9,700 wireless projects for local governments) as she now pursues directly serving local governments through her own consultancy, PermiTech.
My plan, going forward, and through the proposed contract is to support PermiTech as a subcontractor for at least the next several years. I will also continue to support a select group of local governments for privileged legal matters through the respected local government law firm of Colantuono, Highsmith & Whatley p.c. ("CHW") where I now have the privilege of serving as an Of Counsel attorney.
Please know that if you move forward with PermiTech to be the City's contractor for telecom/wireless review services, you should expect to receive the very same high quality of technical analysis, planning reports, and staff support as you have received from Telecom Law Firm, and that I'll be available through PermiTech to continue to support the City with the same level of non-privileged services that I have proudly provided directly to the City for many years.
Very truly yours,
Telecom Law Firm, p.c.
BY
2708 Wilshke Boulevard * Number 330 * Santa Monica @ CA 90403 * T 310-312-9900 TelecomLawFirm.com
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EXHIBIT C
SCOPE OF WORK
Consultant's services are not legally privileged. At the direction of the City, Consultant shall provide technical consultation to City concerning wireless applications as follows:
A. Wireless Siting Application Reviews:
Application Reviews: At the City's request and within Consultant's expertise as a wireless site application reviewer, Consultant will review wireless siting applications and provide the City with a written analysis as described below.
Wireless Facility Site Memorandum/Memoranda Content:
a. Memorandum Regarding Incomplete Application. Upon receipt of an application by Consultant directly from the City, Consultant will identify the regulatory classification under which the pmject should be processed (i.e., Section 6409(a); Small Wireless Facility; major modification; new site; etc.); and will evaluate and identify whether any items that are required in the City's wireless application that are not completed by the applicant. If there are incomplete items, Consultant will send the City an "Incomplete Memorandum" by email or an attachment to an email within:
nine (9) calendar days for an initial review of a wireless application that is submitted by the applicant as a smal( wireless facility; or
twenty-five (25) calendar days for an initial review of a wireless application that are submitted by the applicant in a category that is not a small wireless facility; or nine (9) calendar days for a resubmittal review of a wireless application that was deemed incomplete.
b. Project Memorandum. Once an application is determined by the City or deemed by law to be complete, Consultant will:
Discuss and analyze Section 6409(a) applicability which includes an eligible facilities and substantial change analysis; Discuss and analyze Small Wireless Facilities applicability which includes all six criteria as defined by the FCC; DiscusS design matters that may reduce the impact of the proposed site configuration;
Evaluate time, place, and manner considerations for wireless sites located in the public right-of-way;
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V. ASsess the planned compliance with federal radio frequency exposure guidelines established by the Federal
Communications Commission, and;
determine any other wireless site-related issues that Consultant, in its experience and opinion, believes to be relevant or helpful to the City's review of the wireless application (for example ADA compliance).
Determine applicability of batched applications under AB965.
At City's option, without an additional fee, Consultant shall prepare one revision or follow-up to the Incomplete or Project Memorandum. All additional revisions or follow-ups are charged on an hourly basis.
3. Consultation Time:
a. Consultant will provide reasonable consultation by telephone and/or through e-mail with the City per project at no additional cost for the flat fee portion of any project.
b. For any project where hourly charges apply (i.e., after the flat fee portion of a project), hourly fees for consultations via telephone and/or email will apply.
It is understood by the parties that every wireless project is unique as to location and design, and some projects may not proceed all the way to an approval or denial, or the project, at a given location, may be moved by an applicant to a different location, which would necessitate an entirely new project review under a separate fee.
B. Attendance at Meetings: As requested by City and subject to Consultant's prior availability, Consultant will attend in-person and video meetings.
C. General Consultation: At the City's request, Consultant will engage with the City in regard to any non-privileged technical communications within the competence of Consultant, as determined by Consultant, in any form on a time availability basis of Consultant, and invoice on an hourly basis (including travel time from Consultant's office to and from the City if necessary and as requested by the City). [End of Exhibit C]
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257
EXHIBIT D
WIRELESS CONSULTING SERVICES
SCHEDULE OF FEES
The Consultant consults with and is responsible for the City. The City is responsible for the collection of applicant fees and the timely payment of Consultant's invoices. Payment of Consultant's invoices is not contingent upon the City receiving any deposit or reimbursement from any party.
A. Flat Fees: Consultant shall perform the services described in Exhibit C, Section 2 for a fixed fee of $2,450 per project. Project hours are not reported by Consultant for the flat fee portion of any flat fee projects.
Due to the FCC shot clock time limitations, all projects must be submitted to Consultant by the City in searchable PDF document format within one (1 ) calendar day of receipt by the City from the Applicant; provided that if such calendar day falls on a Friday or holiday, the City shall submit such project to Consultant the next business day thereafter Accordingly, Consultant urges City to enforce a wireless application requirement that obligates the applicant to tender the entire wireless application, including all exhibits and attachments, in searchable PDF format, as well as in hard copy paper form.
Flat fee projects are billed to the City as a single unit on the first project invoice, which is issued upon submission of Consultant's first substantive project memorandum, which may include a memo regarding an incomplete application, a project review memo, or another substantive project-related memo.
The flat fee is fully earned by and payable to Consultant once the Consultant has provided its first substantive memorandum to the City, even when the project is subsequently cancelled, abandoned, or transferred to a different location. In the event that a project is tendered to the Consultant by the City but terminated for any reason prior to the issuance of Consultant's first memorandum, City shall pay Consultant on the hourly basis set out in this Agreement for all time spent by Consultant on the project prior to Consultant's receipt of City's notice of project termination.
[Balance of Page Intentionally Left Blank]
2.8 258
B. Hourly Fees: Consultant shall perform all services described in Exhibit C, Sections B and C, beyond the initial report and one revision (included in the flat fee), and all other extra services that may not be described in Exhibit C but were mutually agreed upon by City and Consultant, on an hourly fee basis as follows:
Personnel
Per Director/Senior Advisor
Per Project Manager
Per Project Assistant
Per Project Coordinator
Rate
320
280
200
150
All time is billed in O.1-hour (6 minute) units rounded up to the next O.1 hour unit.
Annual Fee Adjustments. The flat rate and hourly Fees set out in this Agreement shall automatically increase annually by three percent (3%) of the flat rate and hourly fees for the previous year.
Travel Time. For travel paid solely by City, Consultant charges a discounted rate of sixty percent (60%) of the hourly rate for travel time for each staff member. For travel time reimbursed to City by an applicant, Consultant charges its regular hourly rate for travel time for each staff member.
Expenses: City will reimburse the Consultant for all ordinary costs and expenses incurred by Consultant in performance of the services provided by Consultant to City pursuant to this Agreement. This is commonly (but not exclusively) limited express mail costs; messenger costs, etc.
6, Billing Contacts; Payment Address. The City's and Consultant's designated points of contact for billing queries are:
Name and Title Email Address
Telephone Number
!.."1
259
The Consultant's designated point of contact for billing queries is:
Atu'iette Strong, Business Manager
Name and Title
Annette@Peri'niTechSolutions.com
Email Address
(424)276-2040
Telephone Number
PermiTech's Payment and Notices address is:
PermiTech Solutions Corporation
6320 Topanga Canyon Boulevard
Suite 1630 #1 100
Woodland Hills, CA 91367
Either party may change its designated point of contact for billing queries at any time upon ten (10) business days' written notice to the other. [End of Exhibit D]
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Item No. 8
Office of the
South Gate City Clerk
C'Uy of South Gate
OCT23 2025 CITY COUNCIL
For the Regular Meeting of October 28, 2025
Department Director:
05inatingf)epartment: Public Works /1 A
A't$"" cityvanager: ja
Ml " j -
,yuroCervantes RobHouston
SUBJECT: GRANT DEED OF EASEMENT FOR RIGHT-OF -WAY DEDICATION AT
FIRESTONE BOULEVARD AND EL PASEO STREET FOR STREET PURPOSES FROM GVD COMMERCIAL PROPERTIES, INC. AND MONTE MAC NO. l LP PURPOSE: The El Paseo Shopping Center developer is granting the City a portion of land at the intersection of Firestone Boulevard and EI Paseo Street where existing public improvements were built on private property. The purpose of this action is to accept a Grant Deed from GVD Commercial Properties, Inc. and Monte Mac No. 1, at no cost to the City, to dedicate the area for public street use and ensure sufficient right-of-way for current and future improvements.
RECOMMENDED ACTIONS: The City Council will consider:
a. Accepting a Grant Deed from GVD Commercial Properties, Inc. And Monte Mac No. 1, LP to secure right-of-way for street purposes as a part of the development located at Firestone Boulevard and El Paseo Street, at no cost to the City; and b. Authorizing the Mayor to execute the Deed in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact. While the property being dedicated has monetary value, it will be deeded to the City at no cost.
ANALYSIS: South Gate Municipal Code Chapter 5.32, California Government Code Section 37354 (which allows cities to acquire property for public use), and California Government Code Section 66475 (which permits land dedications for streets, utilities, and other public purposes as part of development approval).
The proposed right-of-way dedication is located at the intersection of Firestone Boulevard and El Paseo Street. Public infrastructure has long existed at the northeast and northwest corners of this intersection since the construction of the El Paseo Shopping Center. These improvements- including sidewalk, curb, driveway cutouts, sewer lines, handicap-accessible ramps, traffic signal poles, and related appurtenances-are currently situated on private property. To correct this condition, a right-of-way dedication totaling approximately 1,168 square feet is required. 1 261
BACKGROUND: As part of the original construction of the El Paseo Shopping Center, various public improvements were installed at the intersection of Firestone Boulevard and El Paseo Street. These improvements include sidewalks, curbs, driveway cutouts, sewer and drainage piping, handicap-accessible ramps, traffic signal poles, and related appurtenances Over time, it was discovered that portions of these public improvements were constructed witin private property boundaries rather than within the public right-of-way. Neither the City nor the EI Paseo Shopping Center developer has been able to locate any recorded agreement, easement, or dedication authorizing the use of private land for these improvements.
To correct this condition, the City and property owner have agreed that a right-of-way dedication is necessary to properly define public access and ensure the City's continued ability to maintain and operate the existing public infrastructure serving the intersection. The proposed dedication will formalize the public's use of these improvements and bring the property into conformance with current right-of-way standards.
ATTACHMENT: A. Deed Granting an Easement for Public Improvements GD:lc
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Attachment A
RECORIXNG REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
Frost Brown Todd
1 MacArthur Place, Suite 200
Santa Aria, Califomia 92707
Attention: Craig D. Hardwick, Esq.
(Space above line for Recorder's use)
Deed
granting an
EASEMENT FOR PUBLIC IMPROVEMENTS
Assessor's Parcel Numbers: 6232-004-007
6232-004-008
This Deed granting an Easement for Public Improvements (this "Deed") is made as of October 28, 2025 by GVD Commercial Properties, Inc., a California corporation, and Monte Mac No. 1, a California limited partnership (individually and collectively referred to herein as "Grantor"), in favor and for the benefit of the City of South Gate as grantee (the "City").
A. Each Grantor named herein owns one or more parcels of real property at the northeastcorner ofFirestone Boulevard and Garfield Avenue in the City of South Gate, California, which collectively have been developed as a retail shopping center (the "Shopping Center").
B. In connection with the development of the Shopping Center in 1999, a Reciprocal Easement Agreement was recorded in the Official Records of Los Angeles County, California as Instrument No. 99-2124352 (the "Reciprocal Easement Agreement").
C. Section 1.5 of the Reciprocal Easement Agreement required the parties thereto to enter into one or more separate agreements granting the City easernents necessary to construct traffic signalization on Firestone Boulevard east of Garfield Avenue, curb and driveway cut-outs, sewer and piping installation, and other necessary appurtenances.
D. Neither Grantor nor the City can find evidence that those separate agreements were ever entered into, and both Grantor and the City suspect that the requirement to enter into those separate agreements and grant the easements that were to be created thereby was AS13772.0860872 4925-9870-8838v3
263
overlooked by all parties in the course of development of the Shopping Center. Nevertheless, Grantor and the City agree that such easements are necessary for the ongoing maintenance and operation of public improvements serving the Shopping Center at the intersection of Firestone Boulevard and El Paseo Street.
E. Accordingly, Grantor desires to grant such easements to the City, and the City wishes to acquire such easements, all subject to the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows:
AGREEMENT
1. Grant of Easement. Grantor hereby grants to the City an easement ("Easement") over two portions of the Shopping Center in the locations specified in Section 2 below (individually and collectively referred to herein as the "Easement Area").
2. Location of F,asement. The Easement Area is located at and between the northeast and northwest corners of the intersection of Firestone Boulevard and EI Paseo Street in the City of South Gate, County of Los Angeles, State of California. The legal descriptions of the Easement Area are set forth in Exhibit "A" attached hereto. Site plans showing the locations of the Easement Area are attached hereto as Exhibit "B".
3. Purpose of Easement. The Easement granted herein shall be for public improvement purposes, together with all appurtenant rights and uses commonly associated with a municipal entity's constniction, maintenance, repair, replacement and operation of public streets and sidewalks. These rights and uses shall include, without limitation: (a) the right to enter upon, pass and repass over and along the Easement Area; (b) the right to construct, reconstruct, repair, replace, operate and maintain streets, curbs, gutters, driveways, curb-cuts, driveway-cuts, sidewalks, drains, pipelines, conduits, sewers, traffic signalization and other traffic-control devices, and similar improvements and facilities in the same or substantially similar location as currently existing without expanding the Easement Area; and (c) the right during the periods of anysuchworktotemporarilydeposittools,implementsandmaterialthereon. Theforegoingrights may be exercised by (i) theCity and its representatives, employees, agents, permittees, and assigns, (ii) contractors retained by any of the foregoing, and (iii) the subcontractors and material suppliers of such contractors afterproviding Grantor reasonable notice and after ensuringthat any third party entering upon the Easement Area maintains and at all times maintain in full force a policy or policies of comprehensive or commercial general liability insurance issued by one or more insurance carriers, insuring against liability for bodily injury and property damage occurring on the Easement Area and any portion of the Shopping Center. Grantee or its agents' liability insurance shall include the coverages known as personal injury, products liability and contractual liability and shall be in an amount of not less than $1,000,000 per occutrence combined single limit for bodily and personal injury and property damage. The Easement granted herein includes incidental rights ofmaintenance, repair, and replacement as are necessary for the City's continued use of the Basement; without limiting the generality of the foregoing, the City and its agents and designees shall have the right to enter upon portions of the Shopping Center adjacent to the 2 Emement Deed
AS13772.0860872 4925-9870-8838v3
264
Easement Area as necessary or convenient in connection with the construction, maintenance, repair and replacement of any improvements now or hereafter located in the Easement Area.
4. Character of Easement. The Easement granted herein is a perpetual, irrevocable, and exclusive easement.
5. Use by the City. The Easement granted herein entitles the City to full use of the Easement Area for purposes which are reasoriable and consistent with those specified in Section 3 above.
6. No Interference by Grantor. Grantor shall not interfere with the City's uSe Ofthe Easement Or With aCCeSS tO the Easement Area far right-of-way putpOSeS by the City and/or the general public. Without limiting the generality of the foregoing, Grantor shall not park any vehicles in the Easement Area, shall not designate any portion of the Easement Area as intended or usable for vehicle parking, and shall not place or erect any barricade, fence, wall, sign, landscaping or other structure or equipment within the Easement Area ; provided, however, that any barricade, fence, wall, sign, landscaping or other structure or equipment currently within the Easement Area shall not be disrupted and shall remain where presently located.
7. Miscellaneous.
7. l Attorney's Fees. If either Grantor or Grantee brings suit against the other with respect to this Deed, then all costs and expenses, including without limitation actual professional fees and costs such as appraisers' accountants' experts', and attorneys' fees and costs, incurred by the prevailing party (whether that party prevails by final judgment or out-of-court settlement) shall be paid by the losing party, The losing party's obligation shall be deemed to haye accrued on the date of the commencement of such actions (but shall include all related fees and expenses incurred priorto such commencement) and shall be enforceable whether or notthe action is prosecuted to judgment. As used herein, the term "attorneys' fees and costs" shall include, without limitation, attorneys' fees, arbitrators' fees, witness fees, court and arbitration costs, and expenses incurred in connection with any (a) bankruptcy litigation, (b) contempt proceedings, (c) debtor and third-party examinations, (d) discovery, (e) garnishment and levy proceedings, (f) pre-judgment and post-judgment motions, and (g) trial preparation and presentation. As used herein, the tertn "prevailing party" shall include, without limitation, (h) any party against whom a cause of action, complaint, cross-complaint, counter-claim, cross-claim or third-party complaint is voluntarily dismissed, with or without prejudice, where that pariy has paid no consideration for the dismissal or where the dismissing party did not obtain the relief it sought, (i) a party who dismisses an action in exchange for sums allegedly due, (j) the party who receives perfoimance from the other party for an alleged breach of contract or a desired remedy where the performance is substantially equal to the relief sought in an action, (k) the party who receives any award for relief through arbitration, or (l) the party determined to be the prevailing party by a court of law.
7.2 Entire Agreement. This Deed contains the entire agreement of Grantor relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Deed shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 3 Easement Deed
AS13772.0860872 4925-9870-8838v3
5 265
7.3 Binding Effect. This Deed shall run with the land, shall be binding on the heirs, executors, administrators, successors, and assigns (during their ownership of the affected portion of the Shopping Center) of Grantor, and shall inure to the benefit of the City and its successors, and assigns.
7.4 Incorporation of Recitals and Exhibits. All of the recitals and Exhibits set forth in and/or attached to this Deed are by this reference incorporated in and made a part of this Deed as if set foith fully herein.
7.5 Construction. Grantor and Grantee, and their respective counsel, have each reviewed and revised this Deed and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the imerpretation of this Deed or any amendments hereto.
7.6 Governing Law. This Deed shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of )aws principles. All claims relating to or arising out of this Deed, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of California. No effect shall be given to any choice of law or conflict of law provision, principal or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
7.7 Consent to Jurisdiction and Service of Process. All judicial proceedings brought against any party hereto arising out of or relating to this Deed may be brought in any state or federal court of competent jurisdiction in the County of Los Angeles, State of Califomia, and by the execution, delivery and acceptance of this Deed, Grantor and Grantee each (a) accepts for itself and in connection with its properties, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts, (b) waives any defense of forum rion conveniens, (c) irrevocably agrees to be bound by any judgment rendered thereby in connection with this Deed, and (d) agrees that service of all process in any such proceeding in any such court may be made by registered or certified mail, return receipt requested, to the other party, such service being hereby acknowledged by each party to be sufficient for personal jurisdiction in any action against said party in any such court and to be othemise effective and binding service in every respect.
Nothing herein shall affect the right to serve process in any other manner permitted by law.
7.8 . Any captions or headings to the Sections and subsections in this Deed are solely for the convenience of the parties hereto, are not a part of this Deed, and shall not be used for the interpretation or determination of validity ofthis Deed or any provision hereof.
7.9 Severability. If any one or more of the provisions contained in this Deed shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Deed shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein.
4 Easement Deed
ASl3772.0860872 4925-9870-8838v3
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7.10 Further Assurances. Grantor and Grantee shall each cooperate with the otlier and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Deed.
Grantor has caused this Deed to be duly executed as of tlie date first set foilli above.
GVD Commercial Properties, Inc., Monte Mac No. 1
a Ca ia corporation a California limited partnership Gerald V. Dicker. CEO
By: Gerald V. Dicker, CEO
David A. Case, Secretary
BY:
David A. Case, Secretary
5 Etrsenyenl Deed
/lSl37720860872 4925-Q870-8838v3
267
7.10 Further Assurances. Grantor and Grantee shall each cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Deed.
Grantor has caused this Deed to be duly executed as of the date first set forth above.
GVD Commercial Properties, Inc.,
a California corporation
By:
Gerald V. Dicker, CEO
B)/:
David A. Case, Secretary
Monte Mac No. 1,
a California limited partnership
By : GVD Commercial Properties, Inc.,
its General Partner
By:
Gerald V. Dicker, CEO
B7:
David A. Case, Secretary
AS13772.0860872 4925-9870-8838v3
5 Emement Deed
'8268
STATE OF WASHINGTON )
88 County of SPOKANE
On fXk a S"'tJ"" , 2025, before me, u%U'i%'( M(S\W'q(llStj a notary public, personally appeared Gerald V. Dicker, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(si or the entity upon behalf of which the person(s) acted, executed the instrument.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year in this certificate first above written.
KAiTLIN L MALMQUIST
Notary Publtc
State of Waihtngton
Commission # 22007018
My Comm. Expires Apr 3, 2026
Notary Public (Signature)
(Print Name)
uycommissionexpires:43a2-o%
269
CALIPORNIA ALL-PuRPOaE ACKNOWLlDaMINT CML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
personally appeDaarteed Th, ii d A . cHaere51nsert Name and Title of ttks' Officer Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 660604@060"(
4 4 oEVON DENISE COX
ii m .. pi..kll- f,lilAl
:'Q8 Commlssron # 2472U5 H
i i i Ill i ffl i affi aa aa aa
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
uPTl €iNAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
IN C;rporare 6ffi'ce"r r Title(sl: 9' c: €-'fl'4
[1 Partner - r Limited [3 General
Individual [ Attorney in Fact
fJ Trustee € Guardian or Conservator
€ Other:
[I] General
in Fact
Guardian or Conservator
Signer's Name:
rl Corporate Officer -
:] Partner - [
EI Individual
LI Trustee
€ Other:
Signer Is
@2014 National Notary Association a www.NationalNotary.org a 1-800-US NOTARY (1-800-876-6827) Item #5907 it)270
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, acc , or valida of that document.
State of California
County of Orange
On ,2025,beforeme, , anotary
public, personally appeared Gerald V. Dicker, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Icertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, acc , or valida of that document.
State of California
County of Orange
a notary
public, personally appeared David A. Case, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tnie and correct.
WITNESS my hand and official seal.
Signature
H>I*,I
(Seal)
6 Easement Deed
AS}3772.0860872 4925-9870-8838v3
271
CERTIFICATE OF ACCEPTANCE
Pursuant to Government Code § 27281
This is to certify that the interest in real property conveyed by the deed or grant dated October , 2025, from GVD Commercial Properties, hic., a California corporation, and Monte Mac No. 1, a Califomia limited partnership, to the City of South Gate, a political corporation and/or govenunental agency, is hereby accepted by order of the South Gate City Council on , 2025, and the grantee consents to recordation thereof by its duly authorized officer.
City of South Gate
By:
Maria Davila, Mayor
ATTEST
Yodit Glaze, City Clerk
(SE,AL)
APPROVED AS TO FORM:
ul F. Salinas, City Attorney
7 EasementDeed
AS13772.0860872 4925-9870-8838v2
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272
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or validi of that document.
State of California )
County of Los Angeles )
On ,2025,beforeme, , anotary
public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tnue and correct.
WITNESS my harid and official seal.
Signature (Seal)
A notary public or other officer cornpleting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accurac,orvalid' ofthatdocument.
State of California )
County of Los Angeles )
On , 2025, before me, a notaty
public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instniment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing pgagraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
8 Emement Deed
ASl3772.08608a72 4925-98704838v3
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EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT AREA
The legal description of that portion of the Easement Area located on the land owned by Monte Mac No. 1 (APN 6263-004-007) is:
THAT PORTION OF LOT A OF TRACT N0. 486, IN THE CITY OF SOUTH GATE.
COUNTY OF LOS AjSIGELES, STATE OF CALIFORNIA, AS PER !!IAP RECORDED IN BOOK 15 PAGES 30 AND 31 0F MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, nF'J':R1REn AQ FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 2 0F THE LAND nFSnRlRFn fN THE GRANT DEED TO GVn nnMMFRClAL PROPERnES PER DOCUMENT RECORDED DECEMBER 16, 2009, AS INSTRUMENT NO. 20091914394 0F OFFICIAL RECORDS OF S/UD COUNTY, SAID POINT BEHNG ON THE NORTHERLY LINE OF F1RE3TONE BOULEVARD HAVING A NORTHERLY HALF-WIDTH OF 62.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE AND ALONG THE WESTERLY LINE OF SAID PARCEL 2, NORTH 7" 23' 55' EAST, 15.00 FEET; THENCE LEAVING SAID WESTERLY ONE, NOR'n4 go 36' 05' WEST, 51.80 FEET THENCE SOUTH 52' 23' 55' WEST, 21.21 FEET TO SAID NORTHERLY LINE OF FIRESTON[ DOUL[VAn['l;
THENCE ALONG SAID NORTHERLY LINE, SOIJTH 82" 36' 06' WEST, 66.80 FEET TO THE POINT 5 R@nl?lillNa
CONTAININCi AN AREA OF 890 SQUARE FEET
[Continued on Next Pagel
9 Ememerit Deed
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The legal description of that portion of the Easement Area located on the land owned by GVD Commercial Properties, Inc. (APN 6263-004-008) is:
THAT PORTION OF LOT A OF TRACT N0. 488, IN THE CITY OF SOUTH GATE,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15 PAGES 3) AND 31 0F MAPS, IN THE OFFfCE OF THE COUNTY n[:Con[)cn Or RAID (Yll fMTY, DE3CRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 2 0F THE LAND DESCR18ED IN "n- €E GRANT DEED TO GVD COMMERClAl PRQPERnES PER DOCUMENT RECORDED DECEMBER 16, 2009, AS INSTRUMENT N0. 2009t914394 0F OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING
ON THE NORTHERLY LINE OF FIRESTONE BOULEVARD HAVING A NORTHERLY HALF-WIDTH OF 62.00 FEET;
THENCE LEAVING SAID NORTHERLY Ll?a: AND ALONG THE WESTERLY LINE OF SAID PARCEL 2, NORTH r 23' 55' EAST, 15.00 FEET:
THENCE LEAVING SAID WESTERIY LINE, SOLm-l 82' 36' 05' EAST, 11.00 FEET THENCE SOUTH 37" 36 05' EAST, 21.21 FEET TO SAID NORTHERLY LINE OF FIRESTONE BOULEVARD:
THENCE ALONG SAID NORTHERLY LfNE, NORTH 82" 38' OS' WEST, 26.00 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 278 SQUARE FEET
10 Emement Deed
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EXHIBIT "B"
SITE PLAN SHOWING LOCATION OF EASEMENT AREA
That portion of the Easement Area located on the land owned by Monte Mac No. l (APN 6263- 004-007) is shown be]ow:
E)041BIT 'B'
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[Continuedon Next Pagel
11 Easement Deed
AS13772.0860872 4925-9870-8838v3
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That portion of the Easement Area located on the land owned by GVD Commercial Properties, Inc. (APN 6263-004-008) is shown below:
EXHIBIT 'B"
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LEGAL DESCRlFnON !as * u m N a
12 Easement Deed
AS13772.0860872 4925-9870-8838v3
lTh277
OflLi:
South Gate l-.ih C.ii-
Item No. 9
gCT 2 3 l-i;,':,
flLED
Cid of South Gate
CITY COUNCIL
'S';"'e"= AGENDA IBJ[LL
Department Director:
Rob Houston Rob Houston
SUBJECT: ATTORNEY FEE AGREEMENT WITH OUTSIDE COUNSEL PURPOSE: To approve attorney retainer agreements with the law firms of Liebert Cassidy Whitmore; Aleshire & Wynder; Lewis Brisbois; Rothans, Carpenter & Dumont; and Frost Brown Todd to provide legal services to the City.
RECOMMENDED ACTIONS:
a. Approving Attorney Retainer Agreement with the law firm of (1) Liebert Cassidy Whitmore; (2) Aleshire & Wynder; (3) Lewis Brisbois: (4) Rothans, Carpenter & Dumont; and Frost Brown Todd LLP to continue to provide legal seiyices to the City related to consulting, representational and legal services and
b. Authorize the City Manager to execute such agreeinents in a fonn acceptable to the City Attorney.
FISCAL IMPACT: Estimated impact is dependent on usage, The exact amount of fees to be billed by the law firm is not known at this time, as it depends on the services rendered 011 an as- needed basis. Rates offered by each firm are dependent on the frequency of use. Some rates are contemplated to be attributed to special funds tliat would not impact the City's general furid.
ANALYSIS: The referenced firms are requesting approval of fee rate adjustments to their standard retainer agreements, as follows: Aleshire requests rates ranging from $258 for Associates and $297 for Partners and lower rates for law clerks, paralegals and document clerks. The firm correctly notes that its rates are below market rates. Liebert Cassidy seeks rates of $475 senior partners, Senior Counsel at $390, and associates at between $295-$370. The firm seeks other lower rates for staff as noted in its agreement. Lewis Brisbois seeks rates of $325 for partners, and $275 for associates, and lower rates for other staff. Carpenter Rothans seeks rates of $325 for partners, and $275 associates. Depending on each specific firm, hese rates would become effective as of July 1, 2025 and be subject to adjustment as of July 1, 2025.
Frost Brown Todd requests a flat retainer of $22,500 per month for work performed by the City Attorney, including time spent attei'iding City Council meetings, attending meetings, reviewing agenda bills and overseeing the work processed by the City Attorney. This is in line with prior expenditures for similar scopes of work and is intended to assist the City with financial planning.
The firm seeks rates of $360 for partners, $340 for associates, and $200 for paralegals for litigation and transaction worlc. Tliese rates would not become effective until January 1, 2026. 278
The firm would anticipate seeking a 4% increase on Januaiy 1, 2027 and 2028. The defeiral of any increase until January I is intended to delay increases in rates that would have occurred July 1 2023. The increases for the Rotlians Carpenter and Frost Brown Todd firms would be the subject of letter agreements to be executed by the City Manager.
ATTACHMENT: Proposed Retainer Agreements
279
LEWIS
( srgissois.
Patrick J. Foley
633 West 5'h Street, Suite 4000
Los Angeles, California 90071
[email protected]
Direct: 213.580.7914
September 4, 2025
VIA EMAIL ONLY
City of South Gate
c/o Raul Salinas, Esq.
Frost Brown Todd
633 W. Fifth Street, Suite 900
Los Angeles, CA 90071
Re: Enqaqement Letter
Dear Mr. Salinas:
The purpose of this correspondence is to, upon execution: 1 ) establish an attorney client relationship between Lewis Brisbois Bisgaard & Smith LLP ("LBBS" or "the Firm") and City of South Gate ("You"); 2) define the scope of the Firm's representation of You; and 3) establish other material terms and conditions of the representation, including but not limited to the financial terms.
This correspondence may be referred to as "Engagement Letter" or the "Agreement." Please read the Engagement Letter with care. By executing this Engagement Letter, You are entering into a contract that is binding on both the Firm and You, on the following terms and conditions.
1. PARTIESTOENGAGEMENTLETTER
The parties to the Agreement are LBBS and City of South Gate. No other person or entity shall be entitled to claim an attorney client relationship with the Firm with respect to the legal services to be provided pursuant to the Engagement Letter.
2. INCEPTION OF ATTORNEY CLIENT RELATIONSHIP
No attorney client relationship will exist between LBBS and You until You have executed the Agreement, nor will LBBS be obligated to provide legal services, until You have returned a signed copy of this Agreement and paid the initial retainer called for under Paragraph 8.
ARIZONA - CALIFORNIA - COLORADO - CONNECTICUT - DELAWARE - FLORIDA - GEORGIA - ILLINOIS - INDIANA - KANSAS - KENTUCKY - LOUISIANA
MARYLAND - MASSACHUSETTS - MINNESOTA - MISSISSIPPI - MISSOURI - NEVADA - NEW JERSEY - NEW MEXICO - NEW YORK - NORTH CAROLINA OHIO - OREGON - PENNSYLVANIA - RHODE ISLAND - TENNESSEE - TEXAS - UTAH - VIRGINIA - WASHINGTON - WASHINGTON D.C. - WESTVIRGINIA 158304761.1
280
City of South Gate
c/o Raul Salinas, Esq.
Frost Brown Todd
September 4, 2025
3. SCOPE OF REPRESENTATION: SCHEDULE A
LBBS will perform only those legal services set forth in the Scope of Representation attached as Schedule A. You shall have no expectation that the Firm will provide legal services beyond those set forth in Schedule A, unless LBBS and You amend the Engagement Letter in writing or execute a separate agreement with respect to any such additional legal services. You are generally required by law to retain documents, including electronically stored information ("ESI"), which may be relevant to the matter which is the subject of the representation Preservation of documents including ESI is Your responsibility, and it is important that You take all necessary and reasonable steps to preserve this information. The Firm is available to discuss the scope of Your obligations and to provide advice or recommendations in this regard. Nothing in this paragraph shall in any way limit Your obligation to pay for or the Firm's right to receive payment for any services provided by the Firm at Your request.
4. DUTIES OF CLIENT/YOU
You agree to provide LBBS with complete and accurate information and documents, cooperate, keep us informed of relevant developments, abide by this Agreement, and pay our statements on time. In addition, You will advise us of any changes to Your address and telephone number.
5. LEGAL FEES
We will charge You for the services provided pursuant to the Agreement based on the amount of time (including travel) we devote to the matter at the hourly rates for the particular professionals involved as are set forth in Schedule B. We bill in minimum units of 6 minutes, or.1 hour.
We reserve the right, in our discretion, to an annual rate increase up to 10%. We will provide You with a 30 day notice of the increase which will then automatically apply to the next invoice following the notice period. In the event that we seek an annual rate increase greater than 1 0%, we will provide You with the 30 day notice and seek Your consent to the increase, not to be unreasonably withheld. We reserve the right to staff the handling of the matter with the partners, associates, paralegals and/or other personnel of our choice, at the rate we establish for each such timekeeper, although we will discuss the staffing of Your matter with You at any time, and will consider Your input in the staffing of the matter.
6. COSTS, EXPENSES AND OTHER CHARGES
LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com
158304761.1
281
City of South Gate
c/o Raul Salinas, Esq.
Frost Brown Todd
September 4, 2025
a. COSTS AND EXPENSES: SCHEDULE B
We will incur on Your behalf various costs and expenses in performing legal services under the Agreement. You agree to pay for those costs and expenses, in addition to the hourly fees.
Schedule B, attached, includes a non-exhaustive list of costs we may incur on Your behalf. b. OUTSIDE CONSULT ANTS/OTHER VENDORS
In addition to the costs of the type set forth in Schedule B, it may become necessary to hire persons or entities outside LBBS, including but not limited to consultants, experts, investigators, co-counsel, or other professionals. We will select any consultants or investigators to be hired after notice to and consultation with You, and You agree to honor the terms and conditions of any agreement that we enter into on Your behalf with any such outside person or entity. c. REIMBURSEMENT OR DIRECT PAY
We reserve the right in our sole discretion to either pay directly any of the costs incurred such as those set forth in Schedule B, and/or for outside consultants or other vendors, or to ask You to pay any such expense directly. If we exercise our right to require You to pay an outside vendor invoice directly, and You fail to do so, You agree to defend and indemnify the Firm with respect to any claim, demands or suit brought against the Firm as a result of Your failure to pay such invoice. Payment directly by the Firm of any such expense shall not be construed as a waiver of our right to require You in the future to pay any similar expense directly.
7. PERIODICSTATEMENTSANDBILLINGTERMS
Our practice is to send periodic statements for services rendered and for costs incurred during the previous month or months on our client's behalf. The detail in the periodic statement will inform You of both the nature and progress of work and of the fees and costs being incurred.
Our fee structure is based upon Your promise to pay all statements no later than 30 days after receipt.
We do our best to see that our clients are satisfied not only with our services, but also with the reasonableness of the fees and costs. Therefore, while we urge You to raise any question about or objection to a fee statement, You must do so promptly. Such inquiry shall be timely only if made, in writing, within thirty (30) days after the date of the invoice. In the absence of a timely written inquiry, You will be deemed to have accepted the invoice and to have acknowledged that You are satisfied with it, in the absence of good cause for not having objected more timely.
In the event You fail to pay any invoice within thirty (30) days of the statement date, You agree to pay interest at the maximum rate allowed by law on the amount of such invoice, from the statement date until paid in full. If we accept late payment of any invoice without interest, we shall not be deemed to have waived any claim in the future for interest on other invoices. If You timely
LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com
158304761.1
282
City of South Gate
c/o Raul Salinas, Esq.
Frost Brown Todd
September 4, 2025
object in writing to a portion of a statement, You agree to pay the remainder of the statement which is not in dispute. We agree to accept such partial payment without claiming You have waived Your right to contest the unpaid portion of the bill.
Failure to pay the undisputed amount of any invoice in full within 30 days shall constitute grounds for termination of this Engagement Letter and withdrawal of the Firm from representation, as more fully discussed in Paragraph 11 ahead.
8. RET AINER: SECURITY AND ADV ANCE PAYMENT OF FINAL INVOICE This Engagement Letter shall not be effective until You have signed it. A retainer Tee has been waived in this matter. This retainer is not an estimate of the total charges which may be incurred. The retainer is: 1 ) a sum to be held as security for the Firm with respect to Your obligations to pay the fees and costs incurred by the Firm pursuant to the Engagement Letter; and 2) an advance payment to be applied to the Firm's final invoice in this matter. We expect that You will live up to the terms and conditions of the Engagement Letter in full, in which case the full amount of the remaining retainer will be applied against the final invoice and any excess returned to You. However, should You become delinquent on the payment of any statement, we may in our discretion apply the retainer to the payment of that statement. In that event, You shall immediately restore the retainer to its full amount upon our request. Failure to restore the retainer upon our request shall constitute grounds for termination of this Engagement Letter and withdrawal from representation, as more fully discussed in Paragraph 11 ahead.
We also reserve the right to require, and You agree to provide, increases to the retainer should the time and expense required to carry out the representation contemplated by this Engagement Letter increase beyond that reasonably anticipated at the beginning of the engagement.
The case which is the subject of this Engagement Letter may resolve in one of a variety of different ways, including dismissal, settlement, or trial. Trial preparation and the actual trial of a case are the most time consuming part of any litigation engagement. We are likely, therefore, to require an increased retainer before we begin trial preparation. We will determine the amount of the increase in the retainer prior to the trial, based upon an estimate of time and costs that may be involved for trial preparation and trial. Failure to provide the increased retainer upon our request shall constitute grounds for termination of this Engagement Letter and withdrawal of the Firm from the representation as more fully discussed in Paragraph 1l ahead.
9. ATTORNEY LIEN
You hereby grant LBBS a lien on any and all claims or causes of action that are the subject of the representation under this Agreement. The lien will be in the amount of sums owing to LBBS at the conclusion of services performed plus any costs, attorney's fees, or interest to which LBBS may be entitled. The lien will attach to any recovery You may obtain, whether by arbitration award, judgment, order, settlement or otherwise arising out of or relating to all claims or causes of action
LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com
158304761.1
283
City of South Gate
c/o Raul Salinas, Esq.
Frost Brown Todd
September 4, 2025
that are the subject of the representation under this Agreement. The effect of such a lien is that LBBS may be able to compel payment of fees and costs from any such funds recovered by You even if LBBS has been discharged before the end of the case. As noted in Paragraph 15, You have the right to seek the advice of separate counsel with respect to this Agreement. This right applies to all of the provisions of this Agreement, but is especially important with respect to this paragraph granting the Firm lien rights which may affect Your property rights.
10. TERMINATION OF THE FIRM BY YOU
You shall have the right to terminate this Engagement Letter and discharge the Firm at any time. However, to be effective, termination or discharge or the Firm must be in writing. In such event, You authorize the Firm to make and retain a duplicate of Your file.
You shall bear all reasonable costs of transferring the new matter to counsel chosen by You.
The attorney client relationship between the Firm and You shall end upon discharge of the Firm by You pursuant to this paragraph. However, such discharge shall not relieve You of any obligation to pay fees and costs incurred prior to the discharge, as well as any fees and costs expended after the discharge to the extent reasonably required in the Firm's sole discretion to protect Your interests prior to court order substituting new counsel or permitting withdrawal of the Firm from the litigation.
11. WITHDRAWAL FROM REPRESENT ATION BY THE FIRM
The Firm shall be permitted to withdraw from representation whenever required or permitted to do so by law. In addition, the Firm may withdraw as counsel at any time if withdrawal can be accomplished without material adverse effects on the interests of You, or if: '1 ) You persist in a course of action involving a lawyer's services that the lawyer reasonably believes to be criminal or fraudulent; 2) You have used the lawyer's services to perpetrate a crime or fraud; 3) You insist upon pursuing an objective that the lawyer considers repugnant or imprudent; 4) You fail substantially to fulfill an obligation to LBBS regarding the Firm's services (including, but not limited to, Your financial obligations under this Engagement Letter) affer reasonable warning from the lawyer that the lawyer will withdraw unless the obligation is fulfilled; 5) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by You; or 6) where other good cause for withdrawal exists.
12. DOCUMENT STORAGE POLICY
On termination of a matter, the Firm will maintain file documents for '1 0 years, or any alternate period as determined by California. Upon termination of the matter, You have the right to take possession of the file. If You choose to take possession of the file, the firm may copy all or any part of the file. If You choose not to take possession of the file, the firm will retain the file pursuant to its document storage policy stated above.
LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com
158304761.1
284
City of South Gate
c/o Raul Salinas, Esq.
Frost Brown Todd
September 4, 2025
13. CHOICE OF LAW/FORUM SELECTION
This Agreement is deemed to have been executed, and is intended to be performed in the State of California, subject to its laws, regardless of whether services are actually rendered outside of the State of California. Any dispute arising from this Agreement shall be governed by the laws of the State of California. The venue for the judicial resolution of such dispute shall be proper only within the State of California.
14. NO PROMISES OR GUARANTEES
You understand that LBBS has made no representation or guarantee concerning the outcome of the matter set forth in the attached Schedule A.
15. RIGHT TO SEPARATE COUNSEL
You acknowledge having had the opportunity to seek the advice of separate counsel with respect to this Agreement.
16. LEGAL MALPRACTICE INSURANCE
As of the date of this letter, Lewis Brisbois Bisgaard & Smith LLP has errors and omissions (legal malpractice) insurance applicable to the services to be rendered pursuant to this Agreement, subject to any applicable deductible or self-insured retention.
17. MODIFICATION IN WRITING ONLY
No change to this Agreement shall be effective unless and until confirmed in writing and signed and acknowledged by the Firm and You making express reference to this Agreement. This Engagement Letter embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or other agreements, either oral or written, between the Firm and You.
18. COUNTERPARTS AND FACSIMILES EFFECTIVE
This Agreement may be signed in counterpart. Facsimile or imaged signature pages executed by the Firm or You shall be effective as original signatures.
Thank You for choosing Lewis Brisbois Bisgaard & Smith LLP as Your counsel with respect to the matter set forth in Schedule A.
We look forward to working with You and thank You once again for the opportunity to serve You, upon execution of this Engagement Letter.
LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com
158304761.1
285
City of South Gate
c/o Raul Salinas, Esq.
Frost Brown Todd
September 4, 2025
Dated:
Accepted and agreed to:
By:
Name
Title:
Address:
Phone:
Fax:
Raul Salinas, Esq.
Attorney for City of South Gate
633 W. Fifth Street, Suite 900, Los Angeles, CA 90071 323-563-9500
E-mail rsalinaspfbtlaw.com; [email protected]
PJF:tgd
cc: Steve Rolon
Dina Zaragoza
Connie Calderon
Very truly yours,
T'7 7
Patrick J. Foley of
LEWIS BRISBOIS BISGAARD & SMITH LLP
LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com
158304761.1
286
City of South Gate
c/o Raul Salinas, Esq.
Frost Brown Todd
September 4, 2025
SCHEDULE "A":
SCOPE OF REPRESENTATION
Represent Defendant City of South Gate in the "Estate of John Barkodar, M.D., et al. vs. City of South Gate, et al." matter.
LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com
158304761.1
287
City of South Gate
c/o Raul Salinas, Esq.
Frost Brown Todd
September 4, 2025
SCHEDULE "B":
RATE SCHEDULE AND COST/EXPENSE ITEMS SCHEDULE
A. Identification
Client(s): City of South Gate
Matter: Pending
B. Hourly rates for legal personnel
$325 Partners
$275 Associates
$175 Paralegals
Law Clerks
C. Standard charges
We charge for our time in minimum units oil hours (6 minutes).
D. Costs and expenses incurred on Your behalf may include but are not limited to:
At cost
At cost
Process server fees
Filing fees or other fees fixed by law or
assessed by public agencies
Meals Atcost
Parking Atcost
Travel expenses including e.g., lodging, air At cost fare, taxis, public transportation, car rental,
and meals
Facsimiles
Deposition costs
Experts, consultants or investigators
Computer Research
$.25 per page
At cost
At cost
At cost, plus facilities surcharge
(approximately $5.00/minute)
$35.00 per hour
At the Internal Revenue Service's
business mileage reimbursement
guidelines
Word processing support
Mileage
LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com
158304761.1
288
City of South Gate
c/o Raul Salinas, Esq.
Frost Brown Todd
September 4, 2025
Messenger and other delivery fees At cost
Photocopyingandotherreproductioncosts In-house-$0.10perpage Outside service-At cost
Affer hours building services (when dictated At cost by special client need)
LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com
158304761.1
289
Altshire 8= Wgnder
Colinl Tanner l [email protected]
p i949) 223 1170 i d (9491 250-5402 I awattorneys.com
May 29, 2025
CnYMANAGER'S OFFICE
VIA E-MAIL AND u.s. MAIL
JUNO42025
Rob Houston, City Manager
City of South Gate
8650 California Avenue
South Gate CA 90280
E-Mail: [email protected]
RECEJVED
JUN 7 1 2025
OFFICE
Re:
Dear Rob:
It has been a pleasure continuing to serve the City of South Gate's labor and personnel needs these past eight years. We believe you have been satisfied with the services provided to date.
Under our attached Contract Services Agreement for Special Counsel Services (Contract No. 3330), we were due an annual June 1, 2025 cost of living rate increase.
Section 5.B. of the Contract Services Agreement provides:
B. On the anniversary of this Agreement, A&W may increase its hourly rate for services based upon changes in the consumer price index for Urban Wage Earners and Clerical Workers in the Los Angeles-Riverside-Orange County, CA area by giving City written notice of the change, which should be effective 30 days following such notice.
In January 2018, the Bureau of Labor Statistics (BLS) introduced a new geographic area sample for the Consumer Price Index (CPI) which removed Riverside, California from the Los Angeles- Riverside-Orange County, CA geographic area sample. The new Core Based Statistical Area covering the City is Los Angeles-Long Beach-Anaheim, CA.
Due to unusually high CPI-U numbers in 2021-22 and the discussions held that year with the employee bargaining groups limiting their COLA requests, I agreed with Chris Jeffers in 2022 to limit our firm's CPI-U rate increase that year to 4% (rounded to the nearest dollar) instead of the contractually entitled 7.9% reflected by the CPI-U for the previous April to April 2021-22 measuring period. We never caught up in the actual legal marketplace on that decrease.
I Park Plaza, Suite 1000 Irvine, CA 92614
290
Rob Houston, City Manager
May 29, 2025
This year the CPI-U for the April to April 2024-25 measuring period is 3%. Accordingly, this letter serves to confirm that we are increasing our rates as detailed below to be effective July 1, 2025 per the terms of our contract.
6/1/2017
Initial Rate
6/1/2018
4.20%
6/1/2019
3.30%
6/1/2020
1.30%
6/1/2021
4.7%
s/lQozz
4.7%
8/1/2023
3.8%
8/1/2024
3.9%
8/1/2025
3.0%
Partner S225 523i+ S242 S24S 5257 S267 5217 5288 S2C17
Associate S19S S203 S210 S213 5223 S232 5241 5z5o S258
Law Clerk 5110 5115 SIIEI 5120 5126 S131 5136 5141 S145 Paralegal SIIO 5115 5iis S120 5125 5131 S136 S141 5145
Doc Clerk 560 S63 S6S 565 568 571 574 S77 S79
These rates remain well under market and under what LCW is charging for similar labor and employment services. Give the previous CPI increase limitation in 2021-22 and the under market rates, I propose to discuss with you during the summer that we bring a new amended and restated contract forvvard to further adjust rates and have the City Council adopt a new contract for transparency purpose. In the meantime, the above new rates will stil! take effect July 1, 2025.
If you have any questions or comments or believe any of the calculations above are incorrect, please feel free to contact me to discuss. Thank you! Very truly yours,
ALESHIRE & WYNDER, LLP
ColinJ. Tanner
Equity Partner
Enclosure
cc: Raul Salinas, City Attorney (via email only)
291
LIEBERTCASSIDY WHITMORE
FEE SCHEDULE
Partners $475.00
Senior Counsel $390.00
Associates $295.00- $370.00
Labor Relations/Human Resources Consultant $305.00
Classification & Compensation Consultant $230.00
Paralegals $165.00
E-Discovery Specialists $185.00
Law Clerks $180.00- $200.00
292
Dina Zarapoza
,Q
From:
Sent:
To:
Subject:
Attachments:
Marc A. Zavala <[email protected]>
Wednesday, June 25, 2025 9:52 AM
Dina Zaragoza
New Rates
City of South Gate - 50100 - EXE General Agreement - 2024.pdf; LCW Fee Schedule P475.pdf
This message is rrom an EXTERNAL SENDER - be CAUTJOUS, particularly with links and attachments Hi Dina,
Our firm increases hourly rates every July 1" as noted in our agreement. I am including our new rate schedule (effective 7/1/25) in case the City requires notification. Let me know if additional documentation is needed.
Thank yobi
Marc A. Zavala I Accounting & Contracts Specialist
[.IEBERT CASSIDYWHITMORE
6033 West Century Boulevard, 5th Floor
Los Angeles, CA 90045
tel: 310.981.2000 i dir: 310.981.2074
fax: 310.337.0837
[email protected] I Webstte
tel
Tliis electronic communication contains information that is confidential, legally privileged, arid proprietai-y. Tlie infotrnation contained in this communication is intended only for cise by the designatecl individual or entity.lfthe reader is not the intended recipient Of tl"liS communicationi !Ille readei' iS 11er eb'7 notified that am/ reliance on the information contained herein is taken at reader's OWn risk and any dissemination, distribcition or copy of this information is strictly prohibited. Ifyou have received tliis communicatioiq in error, please notify our office in'm'tttliately by calling 800-645-2696 or reply to this conuiicinication and tlien delete tl'te convnunication
Tliis e:'i'iai' messat,le has I:ieen d:liveret'i seifcly and archriie<l orilme liy . 1 293
Item No. 10
Othce of the
South Gate City Clerk
OCT 2 0 2025
FILED
City of South Gate
CITY COUNCIL
3"-=r- AG?'!IDI)A JBdT[J[,T[,
For the Regular Meeting of: October 28, 2025
Originating Department: Office of the City Clerk
City Marxager:
odit Glaze Rob Houston
SUBJECT: APP OVAL OF CITY COtJNCIL MEETING MINUTES PURPOSE: To historically preserve the e'vents of the City Council Meetings.
RECOMMENDED ACTION: The City Council will consider:
a. Approving the Special and Regular Meeting minutes of September 9, 2025; and b. Approving the Special and Regular Meeting minutes of September 23, 2025.
FISCAL IMPACT: None.
ANALYSIS: The minutes are provided to the City Council on the Wednesday prior to their regular business meeting. Amendments should be provided to the City Clerk's Office within 24 hours of a City Council Meeting so that verification of the record and corrections are made accordingly. A revised document will be provided to the City Council prior to the Meeting.
BACKGROUND: The minutes typically describe the events of the meeting and may include a list of attendees, a statement of the issues considered by the participants, and related responses or decisions for the issues.
ATTACHMENTS: City Council Minutes
294
CITY OF SOUTH GATE
SPECIAL CITY COUNCIL MEETING
MINUTES
TUESDAY, SEPTEMBER 9, 2025
CALL TO ORDER Maria Davila, Mayor called a Special City Council Meeting to order at 5:30 p.m.
ROLL CALL Yodit Glaze, City Clerk
PRESENT Mayor Maria Davila, Vice Mayor Joshua Barron, Council Member Maria del Pilar Avalos, Council Member Gil Hurtado and Council Member Al Rios; City Treasurer Jose De La Paz, City Manager Rob Houston, City Attorney Rail F. Salinas
l
CERTIFICATE OF
APPRECIATION The City Council issued a Certificate of Appreciation to Aalyah Martinez for her Girl Scout Gold Award Project at the South Gate Sports Center.
CLOSED SESSION The Council Members recessed into Closed Session at 5:40 p.m. and reconvened at 6:29 p.m. with all Members of Council present. City Attorney Salinas reported the following:
1. CONFERENCE WITH LEGAL COUNSEL - PENDING
LITIGATION
Pursuant to Government Code Section 54956.9(a),
54954.9(b)(3)(C)
a. Juana Bonilla v. City of South Gate, et al.
On item 1(a), the city was served with a lawsuit involving an accident and a city vehicle. On a motion made by Mayor Davila and seconded by Council Member Hurtado and on vote of 5-0, the City Council authorized the City Attorney to defend that action.
2. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Governn'ient Code Section 54957.6
Agency Representation: Rob Houston, City Manager
Unrepresented Employees: Top Management/Department Directors Hourly Employees
Employee Organizations: SGMEA, SGPMMA, SGDMA, SGPMA SGPOA
Z
295
SPECIAL CITY COUNCIL MEETING MINUTES OF SEPTEMBER 9, 2025 On item 2, the City Council received a report from the City Manager with respect to ongoing union-related discussions involving each of the employee organizations listed on the agenda. Upon completion of that report, there was no reportable action taken.
ADJOMNT Council Member Rios unanimously adjourned the meeting at 6:30 p.m. and seconded by Council Member Hurtado.
PASSED and APPROVED on this day of 2025.
ATTEST:
Maria Davila, Mayor Yodit Glaze, City Clerk
3 296
CITY OF SOUTH GATE
REGULAR CITY COUNCIL MEETING
MINUTES
TUESDAY, SEPTEMBER 9, 2025
CALL TO ORDER Maria Davila, Mayor called a Regular City Council Meeting to order at 6:30 p.m.
INVOCATION Steve Costley, Director of Parks and Recreation prnncbopatncx,mcg DarrenArakawa,ChiefofPolice
ROLL CALL Yodit Glaze, City Clerk
PRESF'NT Mayor Maria Davila, Vice Mayor Joshua Barron, Council Member Maria del PilarAvalos, Council Member Gil Hurtado and Council MemberAl Rios; City Treasurer Jose De La Paz, City Manager Rob Houston, City Attorney Raul F. Salinas
1 FINANCIAL MGMT The City Council:
a. Adopted Resolution No. 2025-26-CC entitled Resolution of the City Council of the City of South Gate, California, establishing a new Schedule of Fees for City services effective for FY 2025-26; b. Authorized the Mayor to execute the Resolution in a form acceptable to the City Attorney; and
c. RescindingResolutionNo.2021-51-CC
Rob Houston, City Manager, stated there is a presentation on the fee schedule, and Luis Frausto, Director of Administrative Services will present the presentation.
Luis Frausto, Director of Administrative Services, presented the proposed master fee schedule for Fiscal Year 2025-26 and requested City Council's approval of the resolution establishing the updated fees for city services and rescinding the city's prior fee resolution from 2021.
Mayor Davila asked if anyone in the audience wished to speak on this item.
Liz Ruiz, Kauffrnan Avenue, is not in support of raising city fees. As to the electronic public records request fees, it wasn't uncommon to pay for copies.
297
REGULAR CITY COUNCIL MEETING MINUTES OF SEPTEMBER 9, 2025 l
FINANCIAL MGMT
CONT'D Having no one else come forward, Mayor Davila closed the audience portion.
EMAILS Mario Dominguez requested City Council to eliminate fees for emailed public records request, adopt a Quim% fee for ordinance to fund parks and recreation, remove the $3 bicycle license fee and stop the increase in the body warii camera footage fee.
Council Member Hurtado requested not raising the preferential parking fee. He addressed the code enforcement fees and did not see fees regarding electric vehicles on sidewalks.
ChiefArakawa stated the police department are working on an education campaign.
Council MemberAvalos stated that the preferential parking fee is only 7%.
It is not a huge difference, but Code Enforcement is something to look at.
Council Member Avalos motioned to approve the master fee schedule with the exception of Code Enforcement and seconded by Council Member Hurtado.
Mr. Frausto asked for clarification on the motion.
Mr. Houston stated it was mentioned perhaps freezing one of the fees and then a counterproposal of not freezing the preferential parking. Then how to handle from a policy perspective a repeat offender but the actual fee that's being proposed to have a slight increase for the code enforcement fine.
ROLL CALL: Council Member Avalos, yes; Council Member Hurtado, yes; Council Member Rios, yes; Vice Mayor Barron, yes; Mayor Davila, yes.
COMMENTS FROM THE
htimhscb-non-hcgxna Juan Rosas Castaneda, 2450 Illinois Avenue, complained about the new water meter.
Claudia Rivera is dissatisfied with Councilwoman Avalos' character.
Ana, Director of the South Gate Chamber of Commerce, thanked everyone for joining the job fair. 452 people attended the job fair. She mentioned Northgate has been providing vouchers for food insecurity to the community. She mentioned the State of the City address hosted Thursday, November 6I'1 at the Henry C. Gonzalez Auditorium and the Children's Christmas Lane Parade is Sunday, December 14f'l
298
REGULAR CITY COUNCIL MEETING MINUTES OF SEPTEMBER 9, 2025
COMMENTS FROM THE
AUDIENCE - NON-AGENDA
CONT'D Sonia, South Gate resident, stated there was an accident at the corner of State Street and Illinois Avenue and a coinmunity member passed away due to lack of a pedestrian walk.
Ari'nando Velasquez, Independence Avenue, aru'iounced upcoming events with the Kiwanis Club of South Gate. He also mentioned having issues with emails from Kiwanis to City Hall.
Liz Ruiz, Kauffrnan Avenue, is the Vice Chair for the Parks Commission, and reiterated the importance of working with partner organizations and emphasized the people are volunteers. She is disappointed with the comments made by Councilwoman Avalos relating to auditing the buildings.
Candace Solache, Tweedy Boulevard, echoed the sentiments that Ms. Ruiz expressed.
Alan Flores, Chairman of the Parks Commission mentioned all the organizations and volunteers are important. He is also disappointed with all the social media attacking City Council.
Maria Hernandez thanked everyone that replied to her email regarding Circle Park and the residents' concerns.
EMAILS Mario Dominguez requesting that the city install bike racks on its public transportation vans.
South Gate Junior Athletic Association, South Gate Aztecs Youth Football, South Gate AYSO Region 652, South Gate Aqua Coalition, and South Gate Boy and Cub Scout submitted a joint letter urging the City Council to protect affordable access to city facilities that support youth programs.
REPORTS AND COMMENTS
FROMCITYOFFICIALS ArturoCervantes,DirectorofPublicWorksDepartment,addressedthe comments from the audience regarding the charging station by the Civic Center, water meters and Circle Park. He also mentioned the residential resurfacing project is making lots of progress.
Council Member Hurtado asked that the cross issue be addressed.
Mr. Cervantes mentioned the intersection has certain traffic controls and the city is planning to re-stripe.
City Attorney Salinas stated the cause of the incident was not anything having to do with the striping of the streets or conditions of the streets.
299
REGULAR CITY COUNCIL MEETING MINUTES OF SEPTEMBER 9, 2025
REPORTS AND COMMENTS
FROM CITY OFFICIALS
CONT'D Steve Costley, Director of Parks & Recreation, invited everyone to the new Teen Center location in the Girls Clubhouse on September 15I" from 3-6 p.m. He mentioned an issue with the pool due to a power outage in the city and then cascaded down to other issues. It will be closed through the end of September. He also mentioned having a fireworks show during Halloween on October 31sf.
Gabriel Perez, Director of Coinmunity Development, had no updates.
Luis Frausto, Director of Administrative Services, had no updates.
Jon Hamilton, Director of Human Services, had no updates.
Darren Arakawa, Chief of Police reported that this past Thursday, three police officer recruits graduated, which will start field training. There will be a car show in two weeks at South Gate Park. The Trunk and Treat is scheduled for Thursday, October 30' in front of city hall. The Pageant of the Trees meeting is coming up shortly.
Rob Houston, City Manager, stated the city has amazing facilities that the community gets great use of, but very expensive to operate as they get older.
Raul F. Salinas, City Attorney, nothing to report.
Jose De La Paz, City Treasurer, nothing to report.
Yodit Glaze, City Clerk, nothing to report.
Council MemberAvalos thanked everyone present tonight and also on YouTube. She had the pleasure of attending the Rotary. She thanked Northgate for matching their donations with the community's donations.
She will be attending the Vector Control meeting this week.
Council MemberAvalos stated that no one from the JAA has made a meaningful response to any of her questions she believes lies at the heart of the personal attacks she has been receiving. She formally requested a valuation, and she is requesting it again on record. She has not received a response to the requested valuation and documentation.
Council MemberAvalos spoke on leadership and second chances. She does not believe in blacklisting people for saying critical things about her in the past or disagree and act like a dictator. The recent appointment being discussed or brought up, is not based on personal history or to stop someone from criticizing her. The individual in question has previously served on the commission and has demonstrated both experience and
300
REGULAR CITY COUNCIL MEETING MINUTES OF SEPTEMBER 9, 2025
REPORTS AND COMMENTS
FROM CITY OFFICIALS
CONT'D dedication to the coininunity. This individual has provided information to the comi'nunity during the ICE raids. She is asking to move forward with integrity, compassion, and renewed focus on what really matters most, which is the well-being of this community.
Council Member Hurtado stated the Rotary Club had a nice event. ICE raids might get worse due to the Supreme Court's decision. He explained that any city projects close to where he resides, by law he must recuse himself.
Council Member Rios hopes there can be some compromise with SCE regarding Circle Park and the residents. He attended the school safety collaborative with the Mayor and it was well attended. He is saddened the swiinming pool is closed for a month. The job fair was well attended. He thanked Northgate for providing food vouchers.
Vice Mayor Barron is the President of the SELA Kiwanis and mentioned upcoming events (September 30' will be the Second Annual College Fair and Career Fair at the Henry C. Gonzalez Auditorium from 5:00 p.m. to 8:00 p.m. There will be over 27 universities, colleges, and workforce development organizations. September 20'h is going to be the SELA day of service.)
Vice Mayor Barron visited the residents on Karmont regarding Circle Park. He urges families to have a preparation plan in place due to the Supreme Court's decision to remove the temporary restraining order.
Mayor Davila attended the Chamber of Commerce and Veterans Resource fair and was very impressed by how well it was attended. She also attended the Gateway Cities COG retreat and the three main topics discussed were transportation, broadband and homelessness. She thanked the public for attending tonight's meeting.
CONSENT CALF.NDAR Agenda Items 2, 3, 4, 5, 6, and 7 were unanimously approved by motion of Council MemberAvalos and seconded by Council Member Hurtado.
Item 8 was pulled for separate discussion.
ROLL CALL: Council Member Avalos, yes; Council Member Hurtado, yes; Council Member Rios, yes; Vice Mayor Barron, yes; Mayor Davila, yes.