days of receipt ofthe invoice.
2.3 No payment made hereunder by City to Consultant, other than the final payment, shall be constnxed 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 November I, 2024, arid will remain in effect for a period of three 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. (ITY AGENT. The Assistant City Manager/ Director of Public Works (a'Director"), 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 Director, or his/her designee, has the authority to provide that appro'val 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 rea} property located in the City which may be affected by the services to be performed by Consultant under this Agteement.
Consultant further represents that in perfortnance of this Agreement, no person having any such interest shall be empfoyed 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. Du 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,
6. GENERAL TERMS AND CONDITIONS.
6.1 Termination for Convenience. City may tetrninate 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 unfirfflshed 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:
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a. If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof; or b. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period as City may authorize in writing) a:[ter 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 othet 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 worlc in progress, to complete and incomplete drawings, and to other documents whether delivered to City or iri 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 Pmties shall be the same as if the notice of termination had been issued putsuant to Subsection 6.1. above.
6,3 Non-Assignability. ConsuItant shall not assign or transfer any interest in this Agreement without the express prior written consent of City,
6.4 Non-Discrimination.
6.4,1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of to tace, creed, gender, gender identity (including gender expression), colot, 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 cormty and the City go'vernnnents. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, ">n
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and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, disability, or age. Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, are free from such discrimination. Such employment practices include, but are limited to: hiring, upgrading, demotion, transfer, reciitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticesbip
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 dicrirninatory ptactices) is a'vailable 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 Comprehensxve general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 per occurrence/accident for bodily injury and property damage liability. 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."
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e. Cover the operaiions of Consultant pursuant to the terms of this Agreement.
6,6 Indemnification. Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actiorm 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 governrnerits, without regard to conflict of law principfes. 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 relationsmp 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 wholIy independent contractor and Consultant's obUgations to City are solely such as are prescribed by this Agreement.
6.8.2 Indemnification of CalPERS Determination - In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or etnployer 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 worlc and ')(!;l
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Page6ofl0
any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of Consultant.
6.9 Consultant's Personnel.
6.9.1 All services required under the Agreement will be performed by Consultant, or under Consultant's direct supervision, and all persomel 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 iri 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, worlcers' 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.
6.1L1 This Agreement is made and entered into in the State of California and shall in all respects be intetpreted, 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 conmued as though each of the parties participated equally in the drafting of same, and any rule of construction that a docunnent is to be constnied against the draftting party shall not be applicable to this Agreement,
6.I1.3. 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 constmction.
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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 re,fer 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 Constihites 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 anytg done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's checlc or the failure to make a written extra compensation claim w'thiri ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, sub- consultants and agents.
6.14 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all etrors in the work wMch may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to malce 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 Pmty, 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. 10 5116863.1 -L!35.0
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6.17 Mitigation of Damages. In all such situations arising out of tis 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 win nevertheless continue in full force without being impaired or invalidated in any way.
6.19 Attorneys' Fees. The Parties hereto aclaxowledge 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 Pmty hereto to enforce this z%teement, 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 neithet' party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant
6.21 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery and depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
City of South Gate
Arturo Cervantes
Assistant City Manager/ Director of Public Works
8650 California Ave
South Gate, CA 90280
Email: [email protected]
TEL: (323) 563-9567
WITH COURTESY COPY TO:
City of South Gate
Yodit Glaze, City Clerk
8650 California Avenue
South Gate, CA 90280
Email: yglaze@,sogate.org
TEL: (323)563-9510
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TO CONSULTANT:
Terry Noriega, President
Mariposa Landscapes, Inc.
6232 Santos Diaz st.,
Irwindale, CA 91702
Email: [email protected]
TEL: (626) 960-0196
6.22 Warranty of Authorizer1 Signstnrjes %ch of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. 6,23 Consultation with Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation. ' 6,24 Interpretabon 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 conshued against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.
7. CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT. In accordance with California SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act," a disclosure must be filed 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 is made to award an agreement. Therefore, the City requires that Consultant fill out the California Levine Act Disclosure Statement form available on the City website and submit it to the City Clerlc's Office prior to the approval of this Agreement.
8. EFFECTIVE DATE. The effective date of this Agreement is November 1, 2024, and will remain in effect through and until project completion, unless otherwise termnated in accordance withthe terms of this Agreement.
[Remainder of page lefl: blanlc intentionally.]
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IN WITNE,SS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CIT\ OF SOUTH GATF,:
B7:
Gil Hurtado, Mayor
Dated:
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
Raul F, Salinas, City Attorney
MARIPOSALANDSCAPES, INC.:
B7:
Terry Noriega, President
Dated:
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EXHIBIT A
SCOPE OF WORK
ExhIblt A-1
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SCOPE OF WORK
A. TASK DESCRIPTION
Section 1 General
All applicable provisions of the City of South Gate Municipal Code and State law me incoiporated herein by reference and are intended to govern maintenance methods, except as modified herein or are inconsistent with the provisions hereof.
It is the intent of the scope of work to include all maintenance services, materials, supplies, tools, equipment, and transportation necessary to maintaiii all portions of the property specified in the Agreement, It is understood and agreed that only the highest possible indushy standards of landscape maintenance will be accepted and shall be consistently maintained.
Section 2 Description of Work Sites
The work areas to be maintained are, (a) within the public right-of-way, which is the baclc of the sidewalk on one side of the street to the back of the sidewalk on the other side of the street, and as described in the tables below, (b) within water facilities, parking lots and vacant lots, the areas include all planters, landscaped areas within the lot on wich the facility is situated, and public spaces such as the paved patking areas, as described in the tables below, (c) within utility corridors such as the LADWP corridor, (d) within bilce and pedestrian trails, (e) alleys, parking lots, sidewallc planters, and (e) any other location described in Section 2 and attached exhibits.
The work areas for this contract include, but not litnited to, the following:
Tweedy Maintenance District:
Facilities to be maintained include but are not Iimited an of the streets listed herein, inclusive of sidewallcs and tree wells, bus shelters and 16osks, bus stops, public sitting areas, public parking lots and landscaped areas, trash receptacles, all planters, and other facilities identified on the Specifications.
'Str'eets ','i,' . Promi ' . ' , To' "' "" , :" -' :.-.,a " . .
Tweedy Blvd, West City limits,
Alameda Street.
Legacy Lane.
Long Beach Blvd. Centerline of Tweedy
Blvd.
160 ft, North of the centerline of Tweedy Blvd.
Madison Ave. Centerline of Tweedy
Blvd,
160 ft, North of the centerline of Tweedy Blvd,
State Street Centerline of Tweedy 160 ft. North of the centerline of Tweedy Bl'vd.
Exhibit A-2
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DeebIe Street First Alley North of
Tweedy Blvd.
Southside Right-of-Way on Tweedy Blvd.
Dearborn Ave, First Alley North of
Tweedy Blvd.
Southside Right-of-Way on Tweedy Blvd.
Victoria. Ave, FirstAIIey North of
Tweedy Blvd.
Southside Right-of-Way on Tweedy Blvd.
Blizabeth Ave. First Alley North of
Tweedy Blvd.
First Alley South of Tweedy Blvd (eastside
andwestside of pedestrianwalkways),
'7irginia Ave. First Alley Nortb of
Tweedy Blvd.
First Alley South of Tweedy Blvd (eastside
and westside of pedeshian walkways).
Califorriia Ave. First Alley North of
Tweedy Blvd,
First Alley South of Tweedy Blvd (eastside
andwestside of pedeslrianwalkways).
San Antonio Ave, First Alley North of
Tweedy Blvd.
First AlIey South of Tweedy Blvd (eastside
and westside of pedestiian walkways).
San Carlos Ave, First Alley North of
Tweedy Blvd.
First Alley South ofTweedy Blvd (eastside
andwestside ofpedesttianwalkways).
San Gabriel Ave, First Alley North of
Tvvee% Blvd.
First Alley South of Tweedy Blvd (eastside
and westside of pedestrian walkways).
San Juan Ave. First Alley North of
Tweedy Blvd.
First Alley South of Tweedy Blvd (eastside
and westside of pedestrian wallcways).
San Luis Ave, First Alley North of
Tweedy Blvd.
First Alley South of Tweedy Blvd (eastside
and westside of pedestrian walkways).
San Miguel Ave. First Alley North of
Tweedy Blvd.
Fixst Alley South of Tweedy Blvd (eastside
and westside of pedeshian walkways).
San Vincente Ave. First Alley North of
TweedyBlvd.
First Alley South of Tweedy Blvd (eastside
and westside of pedestrian walkways).
Mallison Ave. First AlleyNorth of
TweedyBlvd.
First Alley South of Tweedy Blvd (eastside
and westside of pedestrian walkways).
Otis Street FirstAIIeyNorth of
Tweedy Blvd.
FirstAlley South of Tweedy Blvd (eastside
and westside of pedestrian walkways).
McNerne,y A've. First Alley North of
Tweedy Blvd,
. First Alley South of Tweedy Blvd (eastside
and westside of pedeshian walkways).
Bowman Ave. First AlleyNorth of
Tweedy Blvd,
First Alley South of Tweedy Blvd (eastside
and westside of pedestrian walkways).
Alexander Ave. First AlleyNorth of
Tweedy Blvd.
First Alley South of Tweedy Blvd (eastside
and westside of pedestrian walkways).
Biyson Ave. First AlleyNorth of
Tweedy Blvd,
FitstAlley South of Tweedy Blvd (eastside
and westside of pedestrian walkways).
Hunt Ave. , First AllcyNorth of
Tweedy Blvd.
, First Alley South ofTweedy Blvd(eastside
and westside of pedestrian waIkways).
ParkingLots andAlleywaysNortheastandNorthwestof TweedyEoulevard Exhibit A-3
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N,E. corner California Avemie and first alley north of Tweedy Blvd.
San Antonio Ave.
San Carlos Avenue.
San Juan Avenue.
San Luis Avenue
San Miguel Avenue.
Otis Street.
McNerney Avenue.
Bowman Avenue,
Alexander Avenue.
Bryson Avenue.
Parking Lots and Alley ways Southeast and Southwest of Tweedv Boulevard California Avenue
San Antonio Avenue and at 10013 San Antonio Ave.
San Carlos Avenue.
San Luis Avenue.
San Vincente Avenue
Mallison Avenue.
Bowman Avenue.
Bowman Avenrie.
Alexander Avenue.
San Vincente Ave (along south wall only).
See Exhibit Al for further information.
Hollydale Maintenance District
Facilities to be maintained include but are not limited to all of the streets listed herein, inclusive of sidewallcs and tree wens, bus shelters and kiosks, bus stops, public sitting areas, public parking lots and landscaped areas, trash receptacles, 4 existing planters, and other facilities identified on the Specifications.
Streets From To
Garfield Avenue 80 ft. north of the centerline of
Roosevelt Ave.
North cgb line of Howery
Ave.
Main Street Utah Avenue First alley east of Garfield Ave.
Parking Lots
N.E. corner Utah Ave, and Main Street
S.E. corner Utah Ave. and Main Street
s.w. COrller GarfieldAve, and Main Street
EXhlbit A-4
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139
See Exhibit Al for further information.
Street Median Maintenance District
The Street Median Maintenance District shall include all of the road medians segiuents, and adjacent sidewalks and tree weL[s, bus shelters and kiosks, bus stops, public sitting areas, public parking lots, public spaces, larxdscaped areas, trash receptacles, and other facilities identifiedontheSpecifications.Contractorshallmaintainallofthesefacilities. TheStreetMedian Maintenance District consists of the following locations:
1. The landscaped road medians encompassed within the area denoted in Exhilyit A2, iticluding but not limited to the road mediaiis near the intersection of Firestone Boulevard and Garfield Avenue, extending north to the norUh City boundary, south to 300 ft. south of said intersection, east to the east City boundary and west to Nationa[ Avenue. The Dimict shall also include all public areas within the limits depicted on Exhibit A2 inclusive of Firestone Place, the Triangular pavement median on National Ave, and other. Maintenance of all public areas shall be in accordance with all applicable sections of the Specifications including but not limited to landscaped medians, trash receptacles, sidewalk, planters, inch'iding tree trimming and planting, weed spraying, and weed removal,
2. Those landscaped road medians on Garfield Avenue from Roosevelt Avenue and to Howery Street,
3, Those landscaped road medians located on Firestone Boulevard, from East Alaineda Street to Rayo Avenue.
4. Those landscaped road medians located on Tweedy Blvd. :6rom Long Beach Blvd. to East Alameda Street.
5. Those landscaped road medians located on Atlant'c Avenue, from Salt Lake Ave. to Abbott Road.
6. Those landscaped road medians located on State Street, from Long Beach Blvd to Martin Luther King Jta. Blvd.
7. Those Iandscaped road medians located on Imperial Highway from the East side of the Los Angeles River to the easterly City limits, at Ryerson Ave, iv. Hawlctns Reservoir Site, 9021 W Frontage Rd
This location is on the southwest quadrant of Firestone Boulevard and tlie Long Beach Freeway (I-710). Access is via Garfield Avenue, Miller Way and Frontage Road West.
Facilities to be maintained include but ate not limited to pa'ved areas, planters, landscaped areas, including tree trimming.
V. City Water Well Site No. 27, 2751 Tweedy Blvd.
Exhibit A-5
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This location is on the north side of TweedyBoulevard and south side ofNebraskaAvenue, east of Truba Avenue. Facilities to be maintained, inchtde but are not liited to, trimning of ttees located inproximity to city water wells, paved areas, planters and landscaped areas, vi. City Water Well Site No. 26, 2528 Tweedy Blvd.
This locationis onthenoith side of TweedyBoulevardand southside ofNebraskaAvenue, west of Tt'ubaAvenue, Facilities to be maintained, include but are not limitedto, trimming of tees located in proximity to city waterwells, paved areas, planters and landscaped areas. vii. Westside Reservoir Site, 2751 Tweedy Blvd.
This Iocationis onthenorth side of TweedyBoulevard and southside ofNebraskaAvenue.
Facilities to be maintained include but are not limited to, trimming of trees located in proximity to city water wells, paved areas, planters and landscaped areas. viii. Well 22-B, 10740 Lee Lane
Facilities to be maintained, include but are not limited to, trimming any trees located in proximity to city water wells, paved areas, planters, and landscaped areas.
Well No. 23, 9595 Salt Lave Ave
Facilities to be n'iaintained include the paved areas. x. Public Works Corporate Yard, 4244 Santa Ana Street Facilities to be maintained, include but are not limited to, trimming any trees located in proximity to citywater wells, parking lots, paved areas, planters and landscaped areas, turf areas, trash receptacles, and triinming of all trees. xi. Civic Center Parlcing Lot, 8650 California Ave Facilities to be :maintained include but are not limited to parlig lots, paved areas, planters and landscaped areas, turf areas, and trash receptacles. xii. Planter at Tweedy Blvd and Deeble Street
Facilities to be maintained include but are not limited to parking lots, paved areas, planters and landscaped areas, turf areas, and trash receptacles.
Xiii. Long Beacb and Willow Vacant Lot, 9001 Long Beach Blvd Exhibit A-6
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Facilities to be maintained include but are not limited to parking lots, paved or unpaved areas, planters and landscaped areas,
xiv. Alameda Street Sound Wall Planter, 9200 Alameda St to 9800 Alameda St This location is on the Westside of East Alameda Street, between Southern Avenue and Tweedy Boulevard Facilities to be maintained including but are notlimited to paved areas, planters and landscaped areas,
xv. San M'iguel Ave. Vacant Lot, 9900 San Miguel Ave Facilities to be maintained include but are not limited to parlmg lots, paved or unpaved areas, planters and landscaped areas.
xvi. Century Blvd, from State Street to Santa Fe Avenue North side of Century Boulevard from State Street to Santa Fe Avenue. Facilities to be maintaiiied iuclude but are not limited to sidewalks and trash receptacles.
X'ffl. Chakemco Street, between Atlantic Ave and Legacy Lane Facilities to be maintained include landscaped planters, palm t'ree ttimtning, and the stormwater bio-swale Located at the intersection of Legacy Lane and Chakemco Street. xviii. Miner Way, Garfield Aye to East Frontage Road Facilities to be maintained include but are not limited to sidewalks, paved areas, and the adjacent embankment.
XIX. Ardmore Ave Frontage of LADWP ROW, west of Virginia Ave., Santa Ana Street, Liberty Blvd, and Independence Ave.
Facilities to be maintained include but are not limited to paved areas, planters, decomposed granite trails, landscaped areas, and vegetation and weed control, xx. Los Angeles Department of Water and Power (LADWP) Right-of-Way, Along Southern Ave from CaUfornia Ave to Vossler Ave, and from Calden Street to the Union Pacific Railroad Right-of-Way
Facilities to be maintained include but are not limited to the paved trails, the decomposed granite trails, landscaped areas, ground cover, yegetation, weed control, and open space with dirt surfacing.
xxi. Southern Ave Path, from California Ave to Atlantic Blvd and Calden Ave to Exhibit A-7
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Railroad Right-of-Way
Facilities to be maintained include but are not limited to paved trails, decomposed granite trails, landscaped areas, vegetation, and weed control.
XXii. Intersections of (a) State Street and Liberty, (b) Paramount Blvd and Main st., and (c) Santa Fe Ave and Firestone Blvd. (Fifty (50') feet in each direction) Facilities to be maintained include but are not limited to sidewalks, trash receptacles, bus stops, bus shelters, public sitting areas, and handrails. xxiii. Azalea Regional Shopping Center Maintenance District The Area includes the sidewalks and public facilities on the north side of Firestone Blvd and on the west side of Atlantic Ave, along the Frontage of the Azalea Shopping Center, Facilities to be maintained include but are not limited to sidewalks, trash receptacles, bus shelters, bus stops, public sitting areas and tee wells. xxiv. Santa Ana Street, at Seville Avenue (distance, 50 feet in each direction) Facilities to be maintained include but are not limited to the existing wall, sidewalks, trash receptacles and bus stop benches,
Section 3 Task Description
The work to be performed, in the aforementioned areas identified in Section 2, and identified elsewhere within the Specifications, shall consist of, but not litnited to turnishing all labor, materials and equipment necessary to maintain all landscaped areas described, herein to include, but not limited to, turf, shnibs, groundcover> vines and irrigation systems.
The work shall also include, but not limited to, furnishing all labor, materials and equipment necessary to maintain (a) maintenance atxd cleaning of bus sheltet and bus stops facilities which includes emptying ttpsh receptacles, Iitter abatement, graffiti removal and steam cleaning as designated herein, (b) emptying trash receptacles at designated locations, (c) maintenance and cleaning of benches and public sitting areas located within, (d) litter and weed removal at designated tree wells, and planters, and (e) maintenance of sidewalks wbich include steam cleaning, pick up debris, gum, anitnal feces, grease, paint, graffiti, glass and trash, (f) maintenance and cleaning of parlang lots which includes litter abatement and emptying trash receptacles, and (g) Planting of annuals and mowing lawns in specified areas, and manual and chemical weed abatement.
Exhibit A-8
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There are an estimated 228 trash receptacles citywide, it is the responsibility of the Contractor to maintain all of the trash receptacles existing witin facilities identified lierein. There are also an estimated 44 bus shelters and 49 bus stops on roadways citywide, it is the responsibility of the Contractor to maintain all of the bus shelters and 49 b'i'is stops existing within roadways identified lierein. Finally, there are an estimated 15 kiosks to be serviced.
Major repairs, exceeding $10,000 per year in labor and materials, to the irrigation system are not included. Prior to commencing any repairs that tlie Contractor believesmayexceed$lO,000,theContractorshallnotifytheCity. Contractorshall provide a report with total costs to date, and a fee proposal for the additional repairs, Contractor shall not begin additional worlc beyond the $10,000 without aNotice to Proceed from the City. City reserves the right to hire other parties to do the major irrigation repairs to the system.
In advance of submitting the bid proposal, the Contractor shall tour the sites and determine the quantity and type of landscaping and facilities to be maintained. If the proposer has any questions or clarifications, then proposer must alert the City prior to the July 22, 2024, by 4:00 P.M.
Actual work to be performed and frequency are defined in the following sections.
Section 4
The Contractor shall perform all the work required in such a manner as to meet all accepted industty standards for safepractices duritig all operations and to maintain safe condition of preinises and rights-of-way at all times.
The Contractor shall so conduct his operations as to offer the least possible obstnuction and inconvenience to the public to include disruptionofthe noise levels within the area.
All incidents out of the norm including butnot limited to crimes, thefts, vandalism, hazards, etc., shaIl be reported imtnediately by phone to the Police Department at (323)563-9500
Section 5 Cooperation/Collateral Work
The Contractor shallrecognize that duringthe course of the contract otheractivities and operations may be conducted by City forces and/or other contractors. These activities may include, but are not limited to landscape refurbishrnent, irrigation system modification or repair, constnuctioq and storm related operations.
The Contractor may be required to modify or curtail certain operations and shall Exhibit A-9
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comply with any request by the City to cooperate. The City shall ha've complete authority to require the Contractor to comply with all provisions of the Agreement. The Contractor shall strictly and promptly follow the instructions of the City at all times. The City's decision upon atl questions, claims, and disputes will be final and conclusive upon the parties of the Agreement. The City shall exercise any discretionary authority in a reasonable manner. If such alteration requires the Contractor to ii'xcur additional costs not customarily required in the proposal, then they shall notify the Public Works Director and/or his designee at least 72 hours in advance.
Section 6 Contractor's Equipment
All equipment and machinery utilized by the Contractorwhile performing work for the City shall be equipped and operated in such a manner so as to conform to all applicable laws and regulations including, but not exclusive to OSHA, concerning safety and operations. A complete listing of equipment must be submitted with the proposal on the form provided.
Section 7
The Contractor shall have a superintendent/manager/supervisor available once a week every other week for the purpose of conducting walk-through inspections of all maintained facilities and will communicate with the Director and/or is designee.
Additionally, the Contractor's superintendent/manager/supervisor shall attend monthly status meetings at City Hall, Corporate yard, and Tweedy Mile Association meetings unless directed otherwise,
In addition, the Director or his designee shall inspect the maintained facilities at random intervals while work is being performed and at the completion of required work to not discrepancies. Discrepancies will be noted, and the responsible party shall eliminate any problems immediately
Section 8 Schedule
The Contractor shall note the specific days and/or time frames have been established in this Scope of Work for the completiomperformance of some items of work described herein.
Prior to the commencement of work, the Contractor shall be required to submit to theDirectororhisdesignee forapproval,ascheduleindicatingthetime/day/month proposed for performance of those items of work which are unspecified.
Requests to change the schedule shall be filed with the Director, or his designee, at least 72 hours prior to the scheduled time for the work. Requests to change the schedule shall be made by telephone and directed to the Director, or his designee, Exhibit A-10
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and followed in writing unless otherwise provided. AII requests to change the scheduleshallbesubjecttotheapptoyaloftheDirector,orhisassignee. Therefore, the Contractor shall not implement any schedule changes until receipt of wtitten notification from the Director, or his assignee that the requested change has been approved.
Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in a deduction of payment for that date, or work, even though the work is performed on a subseqrient day.
The Contractor shall adjust his schedule to compensate for an holidays in such a manner that all work required to be performed on that day shall be performed on either the day before the holiday or on the day after the holiday as determined by the Director, or his designee. Holidays shall include New Year's Day, Memorial Day, hidependence Day, Labor Day, Thanksgiving Day and Christmas Day.
Section 9 Performance on Schedule
Tlie contractor shall perform all work by following the best industry standards of landscape maintenance, including mairitenance, workmanship, safetypractices, and standards of cleanliness. Contract shall be required to perform the scope of worlc requestedhereinonschedule. Failuretocompletetheworkasscheduledmayresult in the following actions:
A) The siun of five hundred dollars ($500) per calendar day will be deducted and forfeited from payments to the Contractor for each instance where an iten'i of work is not completed in accordance with the schedule or specifications.
B) An additional amourit equal to the costs incurred by completion of the work by an alternate source, whether it is C% forces or Private Contractor, even if it exceeds the contract unit price will be deducted.
C) These actions shali not be constnicted as a penalty but as adjustment to payment for only the work actually performed or as cost to the City for inspection and other related costs from the failure of the Contractor to perform the work according to schedule,
The City will manage, coordinate, and verify the completion of all maintenance operations specified in the Agreement. They will also provide written notice of failure to perform the Agreement and indicate the ainount to be deducted from the forthcoming progress payment. The city will inform the contractor when worlc is not performed in accordance with the scope of work.
Exhibit A-11
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The City shall identify the work that has not been perfoimed in writing, and, at the Contractor's request, via a field visit.
The contractor shall ha've 24 ho'i'irs to respond, inclusive of the weekends and holidays. If the contractor fails to perform the work, the City may perform it with City forces, or other contractors at the expense of the Contractor.
The City shall have absolute control over the landscape maintenance prograin direction and execution. The City will regulate the standards noted in the Agreement and the precise level of service desired by the City.
Contractor shall personally supervise work or have a competent Lead Worker/Supervisor on site at all times during the progress of the work, with autliority to act and be responsible for adherence to specifications and be available for consultationwith the City.
Section 10 Notification
The Contractor shall inform t'he business/property owners and Juan Preciado (323) 357-5784 at least 72-hours before performing work impacting businesses and property owners, such as, steam cleaning, sweeping, etc. The notification to the City may be done by email to Juan Preciado at i@reciado@,sozate.org or by fax to (323) 582-3106.
Notifications to business owners and property owners shall be done through the disttabution of City pre-approved flyers to be distributed by the Contractor.
The Contractor shall talce immediate action to resolve any complaints or reqriests due to unsatisfactory performance as soon as the Contractor is notified both verbally and/or in writing.
The Cityreservesthe righttohire outsideparties toperformmajorirrigationrepairs exceeding $1,000 or to perform any repairs withthe City's own fotces.
Section 11 Reports/Monthly Meeting
At the end of each month, the Contractor sball submit to the City, a detailed surninary of all work accompIlished which is other than that normally scheduled, along with the request for payment.
Exhibit A-12
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Contractor shall submit a detailed monthly maintenance work schedule to the City by December 2nd of each year.
The Contractor shall attend monthly Tweedy Bt'isiness Mile Association meetings.
Also, the contractor shall meet with the City Staff at least once a month or as directed by the Director of Public Works or his designee. The exact schedule of the meetings will be provided to the Contractor after the award of the contract.
Once a month and with the submittal of the montMy invoice for seivices, the Contractor shall submit a monthly report to the City describing all the worlc completed during the past month.
Section 12 Traffic Control
The Contractor shall provide and display all safety devices and traffic controls at all times when working in the public right-of-way. All Contractors' employees shall be attired in approved safety gear at all times and traffic control shall be as outlined in the "Work Area Traffic Control Handbook and/or the CA MUTCD Manual." Failure to do so will result in an immediate shutdown of activity by the City. Any work not accomplished as aresult of the shutdown shau lye perfonned at another time with proper safety devices at no additional expense to the City.
Contractor shall use electronic arrow andmessage boards whenever doing work on an arterial street, collector street, or other streets where warrant conditions warrant it.
The Contractor shall notify the occupants of all affected properties at least 48 hours prior to any tetnporary obshuction of access. Vehicular access to property line shall be maintained, except as required for constnxction maintenance, for a reasonable period of time. No overnight closure of any driveway will be allowed.
Section 13 Contractor's Personnel
Each of the Cont'ractor's working crews shall have a responsible lead worker who may represent the Contractor to discuss the work in English with the Director, or his designate representative, at an times. The Contractor shall provide skilled landscape maintenance personnel, and wear an ID tag and shall wear a uniform where the Contractor's company name and logo is affixed. All Contractors' ttuck and equipment shall have a company logo and vehicle number affixed to it.
The Contractor's Lead Worlcer/Supervtsor is responsible for executing the maintenance operations specified in the Agreement. I-Ie represents the Contractor and is responsible for supervising the Contractor's employees while they are performing the landscape maintenance service.
EXhibit A-13
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The City reserves the right to reject landscape crew personnel or supervisors of the Contractor's worlcforce. It shall be the Contractor's responsibility to replace such rejected workers in a mannerthatwill not affect the execution of the responsibilities specified in the Agreement.
The City reserves tlie right to change the work hours and shift schedule. Tlie Contractor shall be notified at least one (1) fiill week before such chm'iges.
Section 14 Irrigation System Operations
Irrigation shall be maintained to ensure all laiidscaping is provided with sufficient irrigation water to promote and maintain a healthy appearance and condition at all times.
The entire irrigation system including all components from connection at meters shall be maintained in an operational state at all times. This coverage applies to all controllers and remote-control valves, gate valves and backflow devices, main and lateral Iines, sprinkler heads, moisture sensing devices and all drip irrigation system components.
The Contractor shall complete corrective action within the following time frames aft:er a verbal notification, followed by a written email notification:
A) Irrigation repairs will be subject to City review and approval upon the contractor's invoice submittal detailing a list of itemized repairs and associated cost estimates.
B) All minor irrigation repairs must be completed within the first three (3) working days, from the date of City approval. All minor repairs are at tbe Contractor'scost.Minorrepairsmayincludebutarenotlimitedto, sprinlder heads, bubblers, broken lines and ClOCkS, etc.
A) All major iirigation repairs must be completed within the first seven (7) worlcing days, from the date of City approval. Major repairs may include, but are not limited to, irrigation controllers, backflow devices, water controners, eiectrical connections, and plant material damage.
The watering schedule will be established by the Contractor's Landscape Maintenance Supervisor. Application rates will be based on the amount of water tbeplantedareasarecapableofreceivingwithoutexcessiverunoff, TheContractor Exhibit A-14
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shall monitor the requirements of the plant material, soil conditions, seasonal temperature variations, wind conditions and rainfall and shall malce appropriate changes in duration of watering cycles. The site(s) is equipped with an automatic system which provides for repeat cyclers to allow forwater application over shorter periods of time that will allow for proper infiltration and thereby minimize runoff, All irrigation shall be accomplislied in accordance with the following tiine frames:
A) Automatic Systems Operation 10:00 p.m. - 6:00 a.m.
B) Manual System Operation 9:00 a.m. - 3:00 p.tn.
Special watering required during daytime hours such as after fertilization, during periods of extreme dryness or heat, and during manual irrigation cycles shall be conducted in accordance with the following criteria:
A) There sliaIl be minimal drift onto priyate property caused from wind,
B) There shall be irrigation personnel present at all tiines at each location until watering cycle is completed.
AII damages resilting from uitder or over watering shall be repaired at the Contractor's expense.
Section 15 Irrigation System Maintenance/Repair
All irrigation systems shall be tested and inspected a minimum of twice a month, A status report is required to be submitted at the end of each month.
A schedule shall be submitted at the stait of the contract showing the location, day of week and time of day that eacli system will be testea Any changes shall be submitted for approval prior to enactment.
The Contractor will adjust or clean all sptinkler heads, quick couplers, and valves to continue operation at maximum efficiency andperformance.
All systems shall be adjusted in order to:
1. Provide adequate coverage of all landscape areas
2. Preyent excessive runoff and/or erosion
3. Prevent wate*g roadways and facilities such as walkways, fences, private property and parlcing areas.
Exhibit A-15
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hi addition to required testing, all iirigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported.
1. All sprinkler heads shall be kept clear of overgrowth which may obstiuct maximum operation. Contactor to replace all damaged and non-operational sprinkler heads.
2, All irrigation control valve strainers shall be inspected and cleaned a minimum of once per week,
3. All drip irrigation system emitters shall be cleaned, and einitter flow checlced a minimum of once per week.
4. All irrigation system lateral lines shall be flushed a minimum of once every third month.
5. AII backflow prevention devices shall be inspected for daiage and leaks weekly. Any discrepancies shall be reported to the Director, or his assignee, iiediately.
Section 16 Shrub Pruning/Mamtenance
The Contractor shall be responsible for pruning all plant material, including shrubs and trees, from ground level. All trees are included in the required trimming operations. Large mature trees must be maintained a minimum of 14 feet above ground level by the landscape contractor. All dead and damaged branches and limbs shalJ be removed at the point of breaking at the time breakage occurs. All trimmings and debris shall be removed and disposed of offsite at the end of each workday. All pruning and trimmi n@ operations shall be completed under International Society of Arborist (ISA) standards.
Pruning shall be done according to the natura( growth of each plant to maintaln proper plant health by cutting out dead, diseased, or injured wood; to control growth when an unshapely shrub or tree occurs; and to increase the quality of flowers. Trees and shrubs wil) also be trimmed to prevent property damage or safety hazards such as sight restrictions, pedestrian obstruction, etc,
All shrubs shall be trimmed to maintain vertical horizontal clearance along walkways, parking areas and medians to prevent encroachment onto private property, to prevent obstnuct'ion of visibility of traffic signals and all signs and to prevent obstruction of sight distance for drivers enteriixg/existing driveways from roadways, alleys or adjacent private property.
Prune shrubs to retain as much of the natural infomal appearance as possible, consistent with intended use.
Shrubs used as formal hedges or screens shall be pruned as required to present a ExhibitA-16
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neat appearance without a sheared appearance,
Remove any spent blossoms or dead flower stocks as required to present a neat clean appearance. Cultivate ground surrounding shrubs, trees, and ground cover to maintain a healthy, vigorous appearance and growth rate.
All leaves shall be raked from under the sbntbs twice each month as needed.
Section 17 Pruning IProcedures (Shrubs):
All cuts shall be made sufficiently close, flush, if possible, to the parent stem so that healing can readily start tinder normal conditions.
All limbs 1" or greater in diameter shall be undercut to prevent splitting, All equipmentutilized shall be clean, sharp and expressly designed fortreepruning, Fertilization shall be scheduled every six (6) months to keep shrubs in a healthy and desirable condition. The Contractor shall use a well-balanced fertilizer.
Section 18
Vinesandespalierplantsshallbecheckedandretiedasrequired. Securevineswith appropriate ties to promote directionaI growth on supports.
Do not use nails to secure vines on masomy walls.
Deep-water vines in pockets not provided with sprinklers as required to promote optimum growth,
The fertilization schedule of all vines shall be concurrent with fertilization of shnibs.
Vines shall be kept trimmed back from all signs, irrigation controllers and not allowed to grow up trees and into shnibs. Vines shall be ted to retain as much of the natural informal appearance as possible, consistent with the intended use which is to cover walls.
Section 19 Groundcover
Grorindcover areas shall be maintained in a mannerwhich will promote the healthy growth of the plant material in a somewhat natural state wbile removing weed infestations,
Exhibit A-17
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All groundcovers shall be trimined to restrict growth from sidewallcs, trees, shrubs, behind curbs, around sprinlder heads, and from private pmperty at all times.
A regular progixm of pre-emergent chemical application shall be used to control weed growth suppIemented by hand removal of noxious weeds or grasses as required.
Weeds and grasses shall be removed from all planted areas upon emergence and not later than the next scheduled worlmg day.
All bare soil areas shall be cultivated a minimum of once per month.
All paper or litter that accumulates in groundcover shall be picked as needed to be in compliance with the City's zero tolerance policy of maintaining the areas within District No 1 in an impeccable condition.
All groundcover areas shall be fertilized every ninety (90) days to promote a healthy appearance.
Section 20
Mow all turf areas weekly, if necessmy, to maintain the specified height, with clippings mechanically collected and the borders neatly trimmed, Trim around trees, rocks, valve boxes and other items located in the turf area keeping grass below weekly mowing height using a weed eater/Iine trimmer. The tise of a liiie trimmer is not an acceptable substitute for an edger along pavirig, concrete walks and mow strips. The use of herbicides within the turf area as a means of trimming edges or around irrigation heads is not acceptable. Tuif areas shall be mowed in accordancewithacceptablehorticulturalstandards, Atnotimeshallmorethanl/3 of the height of the grass be removed in any single mowing.
Itrigate as necessary to maintain proper growth rate and optii'nurn appearance. The City shall approve all irrigation time cycles and shall be notified of any necessary changes 72-hours prior to any changes.
Mairitain turf areas in a weed-free condition. For chemical control of broadleaf weeds, use of an approved selective herbicide shall be initiated on an as needed basis to maintain a weed-free condition. The Contractor shall supply the City Engineer or assignee awrittennoticepriorto any applicationofherbicide, pesticide orany other chemicalwitbin anyworlc area containingpotable waterwell or storage reservoir.
The Contractor shall NOT apply said chemicals prior to receiving a written apptoval for chemical work in these areas.
Exhibit A-18
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Contractor shall replace, at his own expense, ail portions of dead turf, or turf showing signs of deterioration and change of color. Exceptions in this area are per written approval under drought condition and/or state mandates.
Section 22 Fertilization (Turf):
A) Fertilize four (4) times annually with "Best" Turf Supreme 16-6-8 contronedrelease fertilizer or an approved equivalent, usingtwo (2) pounds actual nitrogen per one thorisand (1000) square feet, in March, June, October andDecetnber, exceptthat tiirn on landscaped median located on State Street, shall be fertilized and aerated as necessary to lceep turf lush green and healthy year-rourid B) ObtainwrittenapprovalfromDirectorpriortocomrnenciiigwiththe application of fertilizer,
Control pests, including rodents, snails and diseases continuously to provide a healthy environment for plants and the public. This is to be done on a continuous basis with baits placed daily, if necessary.
Level, roll and reseed turf as needed to remediate any damage due to mechanical equipment. Maintain a level surface and fill in any bare areas.
All turf areas shall be mechanically aeraf.ed twice a year, or as needed, Aeration shall be done to a depth of not less than four (4) inches and shall be done immediately prior to tbe March and October fertilization. Prior to aeration, all irrigation heads and any other items, tbat could sustain damage during aeration, shall be flagged and any necessaty precautions shall be taken to ensure that irrigation, or sitnilar equipment, is not damaged.
All landscape areas in close proxiniity to City potable water wells or storage reservoirs require special care bythe Contractor to preventthe contamination by pesticides, herlyicides, or fertilizers. Any contamination of the above- mentioned water sources resulting from the negligence of the Contractor shall tie cleaned to City and State Health Department standards at the Contractor's sole expense, and no additional compensation shall be allowed therefore.
Section 22 Trees, Shrubs, Vines, Annuals, and Groundcover Replacement The Contractor shall replace, at his expense, any shrubs orplants which die dxie to the Contractor's negligence or neglect. Size of replacement shrubs shall lye eqrial to existing unless otherwise determined by the Director or his designated representative.
The Contractor shall replace annuals on roadway medians five times a year. At each location where annt'ials are existing, the entire planted area shall be removed Exhibit A-19
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and replaced, with mature planting material.
Section 23 Weed, Pest and Disease Control
Theplanters, beds, tree wells and areas of an landscaping, inclusive of landscaping on roadway medians and parlcing lots, shall be kept clear and free of all weeds, pests, insects, and diseases at all times. Pests include, but are not limited to, gophers, snails, slugs, rabbits, squirrels and other rodents or pests which might cause haim or damage to the landscaping. Methods and n'iaterials used to accomplish this objective are subject to approval by the Director, or his designated representative prior to application. The Contractor is to possess all written recommeridations, licenses, certificates and perinits reqiiired by the State of Califoia to handle and apply chemicals, A copy of said written recommendation, licenses, certificates or permits shall be sent to the City of South Gate Director or his assignee.
Non-restricted chetnicals s)tall beused whereverpossible to perform weed and pest control. All methods employed to per'orm Rodent/Pest Control shall conform to all federal, state and county environtnental tegulations.
Section 24 General Facility Maintenance
Trash receptacles shall be emptied and trash bags shall bereplaced a minimum of four (4) times per week on Mondays, Wednesdays, Fridays and Sundays or as needed to ensure that receptacles are not overflowing, EXCEPT FOR (1)
TRASH RECEPTACLES ON TWEEDY BLVD, WHICH MUST BE
SERVICED AND EMPTIED DAILY, early mornings, and (2) TRASH RECJPTACLES ON CENTURY BOULEVARD shall be emptied and trash bags shall be replaced a minimum of four (4) times per week on Mondays, Wednesdays, Fridays and Sundays or as needed to ensure that receptacles are not overflowing.. Conctirrent with each trash pick-up, the Contractor shall wash the exterior of trash receptacles and their Iids. Inteiior buckets of trash receptacles shall be washed monthly during the first weelc of each month. The Contractor shall provide plastic liners for all City-provided t'rash receptacles at the Contractor's expense. The contractor shall empty trash receptacles once during, and afirer special events which occrir three (3) times a year.
All trasli, weeds, and debris shall be removed from the sidewalks, tree wells, rest EXhIbit A-20
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areas, plaiiters and medians on Mondays, Wednesdays, Fridays, and Sundays, and trash debris shall be removed daily on (I) Firestone Blvd and Garfield Avenue within the area denoted on Exhibit A2, (2) Firestone Blvd F,ast from Alameda Street to City limit, (3) Atlantic Ave from Salt Lake to Abbott, and (4) Tweedy Boulevard, from Alameda Street to Atlantic Ave.
The Contractor shall remove all trash and debris from planted areas ofparking lots, planters, md otherhardscape areas, and clean all the areas from the edge ofplanted area curb to a distance of twenty-four (24) inches from curbs to remove all trash and debris a minimum of four (4) times per week, on Mondays, Wednesdays, Fridays, and Sundays, as determined by the contractor and the city.
The Contractor shallnot sweep trash or debris into the streets and allow it to remain there for pickup by City street sweepers, unless directed to do so by the Director or his designee. Dust or nuisance conditions occasioned by Contractor's worlc will not be tolerated and shall be alleviated immediately, In addition to the above, the Contractor shall be required to perform three (3) special event cleanups per year or as instructed by the Director of Public Works or designee. The Contractor shall be required to perform all items of work described in Section 3 on the each event, on the each event, and on the each event. One special cleanup shall be required for the 3- day Street Fair. The other special cleanup shall be required for the Christmas Parade. The third special clean-up shall be as required due to a special City Event.
The Contractor shall not be allowed to alter the regulata Monday, Wednesday, Friday, and Sunday schedule specified herein for each item of work but shall be reqriired to perform these items ofworkon consecutive days ifnecessary to comply with these contract requirements. The Director, or his assignee, shall notify the Contractor inwriting a minimum of thirty (30) calendar days prior to the scheduled day of each event. Perfottnance of the three required special cleanups sbaL! not be paid as extra work, but shall be included in the Contractor's final sum quotedprice for General Facilities Maintenance and no additional compensation shall be allowed therefore.
Section 25 Steam Cleaning
Locations A: All public bus shelters, bus stops, bus benches, public rest and sitting areas, and the sidewalks underlying them in their immediate vicinity, within 20 feet of said street fumiture, within the limits of the sidewalk, located citywide, except those areas listed on "Locations B" below.
Frequency: Bus shelters, bus stops, bus benches, public rest and sitting areas, and Exhibit A-21
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the sidewalks underlying them in their immediate vicinity, within 20 linear feet from said street furniture, within the limits of the sidewalk, require steam cleaning once per week.
Locations B: All sidewalks bus benches, public rest and sitting areas, and hardscape areas within the Tweedy Maintenance District; Hollydale Maintenance District; around the frontage of the Azalea Shopping Center on Atlantic Ave and Firestone Blvd; Atlantic Ave., between Patata Street and Abbott Road; Long Beach Blvd., between Tweedy Blvd. and North City limit; and Firestone Blvd,, between Gatfield Avenue and Alameda Street.
Frequency: Bus stops, bus shelters and their 16osks, bus benches and otberpublic benches and rest areas, and the sidewalks rinderlying them in their immediate vicinity, within 20 linear feet from said street furniture, within the limits of the sidewalk, shall require steam cleaning once per week. The contractor shall steatn- clean sidewalks at bus shelters, withiri a 15-foot radius.
I. Sidewalks shall require steam cleaning once per week within the Tweedy Maintenance District, Hollydale Maintenance District and along the Azalea Shopping Center,
2. Sidewalks shall require spot steam cleaning, once per week on Long Beach Blvd. The contractor shall review the conditions of the sidewalk along the entire length of the corridor and clean problem areas as needed to address lSSueS.
3. Sidewalks shall require spot steam cleaning once per month on Firestone Blvd and Atlantic Blvd. The contractor shall review the conditions of the sidewalk along the entire length of the corridor and clean problem areas as needed to address issues.
4. SidewaIks, median hardscaped areas, and paved areas shall reqriire steam cleaning once per tnonth on Tweedy Boulevard from Long Beach Blvd to Alameda Street.
5, There are an estimated 15 lciosks that the Contractor shall steam clean.
Task Description:
Exhibit A-22
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The Contractor shall thoroughly remove all pms, graffiti and stains by steam cleaz and any othet means from all bus shelters, bus stops, sitting areas, sidewalks, walkways, benches, l<iosks and paved areas, to the satisfaction of the DirectorofPul:ilicWorksordesignee. TheContractorshalluseBestManagement Practices (BMP's) as approved in the most current edition of the National Pollutant Discharge Elimination System (NPDES) Municipal Storm water and Urban Runoff permit to reduce and amount ofpollutantto be discharged to the storm drain system.
Sample BMP:
Vacuumii'ig the runoff before entering the catch basin by vacuum truck.
Retention debris with a waddle or filterprior to entering the catch basin and debris shall be pickedup arid disposed ofproperly.
Section 26 Miscellaneous Sites with Reduced Schedules The following sites shall be maintained, and services shall be provided, in accordance with all of the applicable Specifications identified herein, however, with reduced schedules:
1. Chakemco Street shall be maintained once per weeks.
2. Miller Way shall be maintained on a monthly-basis. Tlffs location win be serviced once per week during the center median cleaning service.
3. Ardmore Ave Frontage along LADWP ROW, west of Virginia shall be maintained on a monthly basis.
4. LADWP ROW shall be maintained on a weekly basis. Contractor shall provide litter control, landscaping, clearing of any debris and or green plant material that can cause damage to bicycles, remove all vegetation on a weekly basis, in accordance with the Specifications. Weed control shall be done qriarterly in accordance with Section 23 of the Specification. 5, Well 22-B and Well No. 23 shall be maintained once per montli.\
6. San Miguel Ave. Vacant Lot shall be maintained once per month.
7. Long Beach Blvd. and Willow Place Vacant Lot shall lie maintained once per month.
Section 27 ENFORCEMENT OF 8TANDARDS
Exhibit A-23
5084906.1- L235.53
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158
Contractor shall strictly adliere to the standards set forth in this section and these specifications.
1. Contractor to assign a staff member to drive through the maintenance areas DAILY, to ensure that all areas are kept clean and in an impeccable condition.
Failure by the Contractor to inspect areas daily will compel the City to perforin that duty by hiring a third parly. The cost to the City ofproviding tbis taslc will be deducted from any payments to Contractor.
2, All areas under the 4 maintenance districts (PR-12) shall be free from weeds, trash, deleterious materials, illegally dumped items, dying plants, unsightly plant materiaI, chewing gum, and spfiled paint The City of South Gate has azero-tolerance policy for all items listed above inthis sub-section. The contractor must immediately notify the City of any items, except the ones listed above, abandoned in the maintenance district areas.
Section 28 Emergency Services
Contractor shall provide emergency services on an as-needed basis, as follows:
1. Emergency services shall be provided either (1) during normal business hours, (2) during nights, and (3) onweekends, and (4) onholidays.
2. Normal business hours shall be from 7:00 AM to 5:00 PM; Monday thni Thtirsday. Night work shall be from 5:00 PM to 7:00 AM; and Weekend work shall be at all other times, with the exception of Holidays. Holidays shan i'ncludc New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Cluisttnas Day.
3. Contractor shall be required to respond within one hour of a request for service from the City.
4. All work for emergency services shall be perfonned in accordance with ,the scope of work requested herein.
5, Contractor shall not rise subcontractors to perform any services, including without limitation emergency services.
6. Services shall be paid based on tii'ne and materials. Time will be compensated based on the unit bid price for Crew :[-Iours in accordance with thc bid proposal. Materials shall be compensated based on actual materials utilized to perforin the repairs.
Section 29 :
Exhibit A-24
5084906.1- L235.53
159
Contractor may utilize City water without charge from the adjacent City fire hydrants for dust control, Contractor shall 'i'itilize a City fire hydrant meter whenever he uses water, to record water use. Contractor shall be fully responsible for the City 'fire hydrant meter fee.
Section 30 Requests for Payments
The Contractor shall, on or before the 20th day of each calendar month after actual work is started, submit a request for payment to the City, with a summary oftheworkcompleted. TheCityshallprocesstheContractor'srequegtfor paytnent within sixty (60) days from the date of submittal of an approved invoice, The contractor hereby agrees to waive any late paynnent claims against the City for payinents made within ninety (90) days after an "approved" invoice is received by the City.
Section 31 Disposal of Solid Waste
Solid waste, recyclable material and green waste, inclusive of landscape clippings, generated by the Contractor's activities or collected through the Contractor's operations shall be source separated. It shall be disposed of offsite at the end of each work day, or upon the completion of the Contractor's daily operations, whichever occurs first, at the City's Salt Lake Transfer Station, located at 9545 Salt Lake Ave, South Gate, CA 90280, at no additional cost to the City. The City shall not assess the Contractor disposal fees for disposing of solid waste, recyclable material and green waste at the Salt Lalce Transfer Station.
B. MAINTENANCE STANDARDS
1. Alameda Sound Wall between Southern Ave and Nebraska Ave Alameda sound wall planter shall be maintained and trimmed in straight and neat horizontal and vertical planes and shall not grow more or protrude than 30 inches from the sound wall.
All "dead" areas shall be reported to the City and planted with similar plants. Failure by the Contractor tolceep this site in excellentconditionwill compel the Cityto maintain it andcharge the Contractor time and material (not less than $500 per occurrence)
2. Medians and parl<ing lots
All medians and parlig lots, listed in this RFP, must have an innpeccable appearance at all tiines, Dead plants must be removed immediately and replaced within 48 hotirs. In the event Exhibit A-25
5084906. l-I235.53
.:4 160
the Contractor fails to replace the dead plants in the time prescribed above tlien the City will proceed with the replacement and will charge the Contractor time md material for the replacement and shaIl deduct the charges (mum $500 per occurrence) from fQure payments to the Contractor. All Crash, weeds, and otlier materials must be removed from the medians and parl*g lots immediately, Failure to comply with this requirement will compel the City to complete the cleanup aiid charge the Contractor for time and material. (Not less than $250 per occurrence), Such charges are to be deducted from future paytnents owed to the Contractor.
3. Trash receptacles
All trash receptacles, listed in this RFP, shall be emptied per the schedule in tliese specifications, and whenever full, as reported lyy the Contractor's staff assigned to monitor the maintenance areas. Contractor shall immediately empty trash receptacles when notified or as reported by the Contractor's staff assigned to monitor all sites. Failure to empty the trash receptacles when full will result in City crews completing the work. The cost of City time and material will be charged to the Contractor (not less than $250 per occurrence)
4. City staff overview of maintenance duties by Contractor Public Works Maintenance Division personnel shall moriitor all regularly scheduled maintenance duties Iilce steam cleaning operations and approve or disapprove the final product, immediately upon completion of the operations. The Public Works Maintenance Superintendentmay at his discretionrequire a writtenreport from staff certifyingthat all duties were performed according to the contixct specifications.
Exhibit A-26
5084906.1 .-L235.53
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161
EXHIBITS At TflOUGH A12
LOCATION MAYS AND TASKDESCRIPTIONS
NOTE: IT IS THE INTENENT OF THE SPECIFICATIONS TO IDENTIFY ALL OF THE SCOPE OF WORK REQmD TO BE PERFORMED ON ALL OF THE FACn,fflES IDENTIFIED IN SECTION 2, AND ELSF,WHERE ON THE SPECIFICATIONS AND EXHIBIT8. THE EXHIBITS ARE PROVIDED FOR
GF,NERAL INFORMATION HOWEVER ANY ADDITIONAL WORK IDENTIFIESD IN THI!, EXH[BITS, NOT INCLUDED IN THE SPECIFICATOS, SHALL BE PERFORMED BY THFS CONTRACTOR, AND INCLtJDED IN THE BID PROPOSAL.
Exhibit A-27
5084906.1 -[.235.53
162
50!!4906.1- I235.53
EXHIBIT Al- TWEEDY AND HOLLYDALb DISi fflLe
l- [DY MAjfFIENANCE DISTRICT
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maD AVEFROM ROOSEVaTTO
FLOaCEAVE
Tweedy Maintenance District
Perform all maintenance work required by, and in accordance with, all applicable sections of the specifications on sidewalks and parking lots, including but not limited to landscaping services; litter abatement and removing weeds from planters, and all public pIaces within the district in accordance with Section 23 and Section 24; servicing trash receptacles in accordance with Section 24; and steam cleaning facilities in accordance with Sedion 25, inciuding but not limited to bus shelters, bus stops, benches, and all public sitting areas.
Ho}lydale Maintenance District
PerForm all maintenance work required by, and in accordance with, all applicable sections of the specifications on sidewalks and parking lots including but not limited to landscaping services; litter abatement and removing weeds from planters, and all public places within the district in accordance with Section 23 and Section 24; servicing trash receptacles in accordance with Section 24; and steam cleaning facilities in aCCOrdanCe With SeCtiOn 25, including but net limited tO buS ShetterS/ buS StOpS, benches, and ali public sitting areas.
Exhibit A-28
163
5084906.1 - L235.53
EXHIBIT A2 - STREET MEDlAb UNSs xk; h
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CffY OF BEI.I, a A )'i
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Street Median Dtstrict
(Firestone Blvd and Garfie[d
Ave)
Perform aH maintenance work
required by, and in accordance
with, all applicable sections of
the specifications on parkways
and medians, including but not
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maintenance of groundcover,
trimming bushes and hedges on
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abatement and removing
weeds from planters and
medians daily, within the
district in accordance with
Section 23 and Section 24;
servicing trash receptacles,
inclusive of servicing those on
Firestone Place, in accordance
with Section 24; and steam
cleaningfacilities in accordance
with Section 25, including but
not limited to bus shelters, bus
stops, benches, and any pubiic
sitting areas.
Exhibit A-29
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EXHIBIT A3 WELL S1TE3 26, 27 AND WESTSIDE RESERVOJR Site Maintenance
Contractor shall perform all maintenance work required by and in accordance with ail applicable Specifications, incIuding but not limited to landscaping services; removing trash and debris, and removing weeds from planters and landscaped areas kweekly, in accordance with Sedion 23 and Section 24.
Exhibit A-30
165
5084906.1 - L235.53
aH[B]T A4 - AThEDA WALl AND FIRESTON!: MEDIAN
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Exhibit A5
Firestone BIVd from East Alameda Street tO Rayo AVe, (2) Imperial HighWa7 Tram LOS Angeles River to Ryerson AVe, and (3) Garfield Avenue from Roosevelt Avenue and Howery Street.
Perform atl maintenance work required by, and in accordance with, all applicable sections of the specifications on medians, parkways, trash receptacles and public facilities, including but not iimited to landscaping services; removing and replacing dead vegetation; maintaining hedges in good condition and trim to straight lines weekly where applicable; trimming hedges, landscaping and groundcover on a bi-weekly basis on the road median segment between Bryson and Kauffman; litter abatement and removing weeds from planters, in accordance with Section 23 and Section 24; servicing trash receptac]es in accordance with Section 24; and steam c[eaning public facilities and sidewalks in accordance with Section 25, including but not limited to bus shelters, bus stops, benches, and any pub]ic sitting areas.
Exhibit A6
Atlantic Avenue, from Abbott Road to Salt Lake Ave.
Perform a(l maintenance work required by, and in accordance with, all app(icable sections of the specifications on medians, parkways and trash receptacles and public facilities, including but not limited to landscaping services; removing and rep!acing dead vegetation; maintenance of groundcover and flower beds on an as-needed basis; maintaining hedges in good condition and trim to straight lines weekly where applicable; Iitter abatement and removing weeds from planters, in accordance with Section 23 and Section 24; servicing trash receptactes in accordance with Section 24; steam cleaning public facilRies and sidewalks in accordance with Section 25, including but not limited to bus shelters, bus stops, benches, and any public sitting areas; AND, Contractor shall steam clean median hardscaped areas once a month.
Exhibit A-32
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EXHIBIT A7 - TWEEDY MEDIAN BETWEEN LONG BEACH BLVD AND ALAMEDA ST Perform all maintenance work required by, and in accordance with, all applicabfe sections of the specifications on medians, parkways, trash receptacles and public faciIities, including but not limited to landscaping services; removing and replacing dead vegetation; maintaining hedges in good condition and trim to straight lines weeklywhere applicable; maintaining landscaping and ground cover; litter abatement and removing weeds from planters, in accordance with Section 23 and Section 24; servicing trash receptacles in accordance with Section 24; and steam cleaning pub)icfacilities, hardscaped medians, and sidewalks in accordance with Section 25, incfuding but not limited to bus shelters, bus stops, benches, and any public sitting areas.
Exhibit A-33
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EXHIBNT 48 - CMC CENTER AND MAINTENANCE FACIIITIY
Peform all mai+itenance work required by, and in accordance with, all applicable sections of the specifications on landscaped areas, sidewalks, planters and parking lots, including but not limited to, landscaping services; litter abatement and removing weeds; removing dead vegetation and plants on an a-needed basis; ensuring normal growth of plants; and changing color of flower beds five time a year. Perform al) maintenance work required by, and in accordance with, all applicable sections of the specifications on parkways and trash receptacles, including but not limited to litter abatement servicing trash receptacles in accordance with Section 24, Exhibit A-34
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EXH€BfT A9 - CENTURY BLVD FROM STATE STREET TO SANTA FE AVE Perform all maintenance work required by, and in accordance with, Sedion 24 to service trash receptacles- Exhibit A-35
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E)a-IIBIT AIO- STATE STREET BETWEEN LONG BEACH BLVD At!aD MARTIN LUTHER K[NG JR BL Perform all maintenance work required by, and in accordance with, all applicable sections of the specifications On medians, parkways, trash receptacles and public faci[ities, inc(uding but not limited to removing and repJacing dead vegetation; mowing the turn once a week on the 20-foot wide median in accordance with Section 20, and replacing dead turn as-needed; Iitter abatement on the median only in accordance with Section 24; ensuing sprinklers are functional and provide FuIl coverage in accordance with Section 14 and Section 15; removing pine needles from medians is)and, public areas and sidewalks; app(ying fertilizer at aeration treatments as necessary to keep turF lush green and in a health'y COnditiOn year-round; and removing Weedy, gum, dirt, graffiti and USA markings from medians at LOng Beach Blvd as-needed.
Exhibit A-36
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l..
EXHIBIT A1I - SANTA ANA STREET AT SEVIILE AVE
Perform all maintenance work required by, and in accardan=e with, all applicable se.tions of the specifications on sidewalks and pubiic facilities, including but not limited to keeping wall free of graffiti; litter abatement and servicing trash receptacles in accordance with Section 24; and steam cleaning public facilities and sidewalks in accordance with Section 25, inc!uding but not limited to bus shelters, bus stops, benches, and any public sitting areas Exhibit A-37
172
5084906.1- I235.53
Exhibit A12
Long Beach B[vd, Tweedy Blvd to Santa Ana Ave
Perform alI maintenance work required by, and in accordance with, all applicable sections of the specifications on sidewalks, trash receptacles and public facilities, including but not limited to landscaping services; litter abatement and removing weeds from tree wells, in accordance with Section 23 and Section 24; servicing trash receptacles in accordance with Section 24; and steam cleaning public facilities and sidewaiks in accordance with Section 25, including but not limited to bus shelters, bus stops, benches, and any public sitting areas.
Exhibit A13
Azalea Regiona] Shopping Center District
Perform all maintenance work required by, and in accordance with, a[l applicable sections ofthe specifications on sidewalks, trash receptacles and public facilities including but not limited to, litter abatement and removing\weeds from tree wells, in accordance with Section 23 and Section 24; servicing trash receptac(es in accordance with Section 24; and steam cleaning public facilities and sidewalks in accordance with Section 25, including but not limited to bus shelters, bus stops, benches, and any public sitting areas.
Exhibit A-38
173
Attachment B
CITYW'[DE ANNUAL LANDSCAP'ING AND MAINTENANCE SERVTCE8 })ROGRAM Name of Contractor: Mar)p6s.g l;ondsaapes, Inc.
In accot'dance.With the ReqL10St fOr Proposal (RFP) rOla th'a Cit)'Wl(16 Aillltlal Laridscaping and Maiiitenarice.Scrviqes Coxitract, the undersigned deblares ffiat he/.slie }ias careAitly examined and rend tlie RFI) rsquirements and is faintliai'with tlt'e requitemeiits thei:ein coritained, and proposes to ['urnish all labor, material, ahd.sttpplies lle+OeS3ary to accomp)isli tlie terms of't!ie maintenai"ice contt'act at tlie f'ollowir3g prices:
A. ANNUAL MAINTENANCE SERVI(JS
Item
Nm.
Description Montlis Price per
Mgntli
Anrtiial
' Amount
Maiiitenancc Districts
i Maintenaticc 6f T)veedy Maihtenance fiistrict in accordance w3fltF,xhfSitAi and the 8pecifications. 12 $2,382.87 $28,364.44 2 Maintenance Of 1-Ioflyddl6Ma)ri(enan6e Dis(:rict in accordance With )jxliit'it Alandthq Speci&ations. 12 $1,406.64 $16,n78.48 3 Mairrtenance 6f Azalea Reg!onal Sliopprng Center
'M.aintenance D'istrict ir'i a<c6t'dixn5e wi €!t,Exiiibit A!3 tinel tlie, Specificctt'ions. 12
$1,870,60 $22,447.20
,il
Steam Cleanirig Services iri Accordarl6e witl'i
Specificatioris miia Scoipe ofW6rl< onExhibtts Al
tlirouBli A]3, 12
$1 ,gas,oo $a3,628,72
5 'i'rasli Recepta61e 8ervices in Accordaixce witl'i Specificiitions and Scdpe of 'Work on Hxliibita Al
tlirotigli A13. 12
$1,989.06 $23,628,72
City 'linc31itics
6 Main(:enance of Hawkins Reservoir sits per tlie
atta61ied BxhiLiit A2 a'nd the Specifications, '12
$393.82 $4,725,E34
7 Maiiit6nance of Water Well No. 26;No. 27, No, 23, ai'id Westside Reservoirsite, lier the attached Exliibit 43 and the Speciflcation3. 72
$066,36 $7,876,32
PR - 16
soairgots.1 .. 1,23.i.5a)
'l
5Z ,, 174
Item
No. Description MOnthS
Price per
Month
Annual
Amount
8 Maintenance of Well 22-B and Well No. 23 per the Specifications. 12
$G))8.90 $11,026,80 '
I
9 Maintenance of' the Public Works Corporate Yard
per the Specifications. 12
$1,'181.44 $14177.28
10 Maintenance of Civic Center Parking Lot per the attached Exhibit 48 and the Specifications. I i2
$'l ,sars.ss $22,504.56
13 Maintenance of San Miguel Ave. Vacant Lot per the Specifications. 12
$393.82 $4,725.84
12 Maintenance of Alameda Street Sound Wail planter per the attached Exhibit A4 and the Speciftcations. 12 $525,09 $8,301.08
13 Maintenance of Long Beach Blvd. and Willow
Place, Vacant Lot per the Specifications.
I
22 $393.82 $4,725.84
14 Maintenance of vacant facility lot at Paramount Blvd and Gardendale per the specifk=atlons 12
$393,82 $4,725.84
City Roadways
15 Maintenance ofmedians, sidewalks and public
facilities located on Garfield Aye, and Firestone
BJvd within tlie Street Median District per attached Exhibit A2 and Specifications. 12
$703.27 $8,439.24
16 Maintenance of s!dewalks and public facilities
lomted on Imperial Highway from the Los Angeles
River to Ryerson Ave, in accordance with Exhibit
A5 and Specifications. 12
$"l,405.91 $18,870.92
17 "Maintena-nce of medians located on Imperial
Highway from the Los Angeles River to Ryerson
Ave, starting in July of 2023, in accordariee witlt
Exhibit A5 and Specifications. 12
$1,406.64 3tei:azs.<s
18 I
Maintenance-of medians, sidewalks and public
facilities located on Firestone Blvd., from East
Alameda Street to Rayo Avenue, per Exhibit A5 and
the Specifications. 12
$2,109.80 $25,3i7.60
PR - 17
5084906.1 -.L2:15.53
53 -ir
175
Item
No. DescriptEon Months Price per
Month
Annual
Amount
19 Maintenance of medians, sidewalks and public
facilities located on Atlantic Ave. from Sa]t Lake Ave to Abbott Road, per Exhibit A6 and per
Specifications. 12
$1,575.25 $"t8,903.00
20 Maintenance of medians, sidewalks and public
facilities located on Tweedy Blvd, between Long
Beach Blvd, and Alameda Street, as per Exhibit A7 and per Specifications, I2
$1,405.91 $18,870.92
21 Maintenance of medians, sidewa]ks and public
facilities located on Garfield Avenue from Roosevelt Avenue to Howery Street, per Exliibit A5 and per
Speci&ations. 12
$703.27 $8,439.24
22 Maintenance of medians on State Street, 'rom Long I Beach Blvd, to Martin Luther King Blvd., per
Exhibit AIO and per Spectfiaations. 12
$1,405.91
I
$18,870,92
23 Maintenance orsidewalks and public facilities
located on Long Beach Blvd, between Tweedy Blvd
and Santa Ana Ave, per Exhibit A12 and per
Specifications. 12
91,408.54 $-16,878.48
I
I
Other Roadways
24 Maintenance of Cliakernco Street, from Atlantic Ave to Legacy Lane, per the Spectf'ications. 12
$393.82 $4,726,84
25 Maintenance of Miller Way, from Garfield Ave. to Frontage Road, per the Specifications. 12
$856.3B $7,876.32
26 Maintenance of Ardmore Ave Frontage along
LADWP ROW, west of Virginia Ave, per t]is
Specificatioqs, 12
$856-36 $7,876.32
27 Maintenance-ofthe sound wall and parkways at
West Froritage Road, Northeast, and Northwest of
Miller Way to the Urban Orchard Park entrance. 12
$525.09 $6,301.08
28 Maintenance of Santa Ana Street, at Seville in accordance with Exhibit All and the Specifications. 12 $393.82 $4,725.84
PR - 18
50u906. l.. L2:15.51
ffl
54 -'tx,
176
}tem
No,
Description Months Price per
Month
Annual
' Amount
29 Maintenance of Century Blvd., from State Street to Santa Fe Avenue per Exhibit A9 and the
Specifications. 12
$393.82 $4,725,84
Miscellaneous Area
30 Maintenance of LADWJ' RO'# per the"
Specifications. 12
$918.90 $11,028,80
31 Auto Accidents - Replanting and repairs, 12 $100,DO $1,200.00 32 All center medtans, replace plant material in
bare/missing areas as directed. 1.2
$IOO.OO $1 ,200,00
33 Special clea-nups for three City events, annually, per Section 24.
$B93.11 $8,3i7.32
A. STJB-TOT AL - ANNUAL-MAINTENANCE 8RnVICES - $399,17112 B. EMERGENCY 8ERVICES
Setyice Unit
Unit
Price
Estimated
Units Extended Price
l Crew renta[ (M-F, normal business
hours) [1][2]
Crew
Hours $ 65.00 200 I$11,000.00
2 Crew rental (nights) il)[2]
Crew
Hours
$ 17.00
I
250 $ 19,250.00
3 Crew iental (weekends and/or
holidays) [1][2]
Crew
I4ours
$ 97.00 250 $24,250.00
B. SUB-TOT AL - EMERGENCY SERVICES $ 54,500.00
[1] Unit Price shall inckide mark-ups, overhead, and profit. (2] Payments will be made based on time and material.
C, ATT ACH A LABOR AND EQUIPMENT RATE SCHEDULE
Tlie rates shown on the fiim's standard rate scl'iedule shaH include mark-ups, overhead, and profit.
PR - 19
50!14906.i-1.235.53
177
GRAND TOTAL AMOUNT FOR THREE YEARS OF SERVIC'E (Amount Written in Numbers)i
$ 1,2')21, 81'6 %
GRAND TOTAL AMOUNT FOR THREE YEARS OF SERVICE (Amount Written in Words)
follows:
<JRAND TOTAL AMOUNT = (3 x (Sub Total-Annual Maintenance Serviees)) + (!%b Total-Emergency Servjees)
The City of South. Gate reserves the right to reject any and ali bids or waive any informality or irregularity in the bid Proposal or the bid procedures and shall be the sole judge of the bids received.
'rhe undersigned has careMly checked all of the abovefigures and understands that the City of South (3ate, of any officer tliereof, will not be responsible for any ernors or omissions on the part of the undersigned in submitting tliis bid. The bidder agrees thatthis Bid Proposal Forms constitutes a firm offer to the City which cannot be withdrawnfor tlie number ofcalendar days indicated in the Request for Proposal from and after the bid opaning, oruntil a Contiact forthe Work is fully executed by the City and a third paxty, whichever is earliej.
Submission of Cost Proposal and signature of rpprpqpntnt;'io<,. *r Contractor below shall serve as the basis for Contractor to perform statec1 services at the Prtce Per Month and Unit Prices specified for duration of the three-year term of the contract.
The indersigned represents that lie/slie is authorized to submit the Proposal on belialf of the Contractor. Contractor acknowledges that said Proposal shall remain valid for a period of ninety- (120) days and may not be witlidrawn during such period,
CONTRACTOR
08/29/2024
PR - 20
5084906.1 -i,;os.s:i
!
,,,, ,,, ,, , ,,_ ,, , i " _,, , , ,,, I
178
Signahire Date
Terry Noriega
Print Name
President
Title
95-4245898 " a
Social Security or Taxpayer [) Number
1000005079
DIR,RegistrationNutnber
PR-21
SOg4906.(-l-235.53 I
5'f- 179
Attachment D
Agenda Bill 06/23/26
6232SantosDiaz,lrwindaleCA 9"l702 '!i
Tel. 626 960-O"l96, Fax 626 960-8477 - Contrador License No: 592268 ltllll!lltfllfelSlfflllllJlll 1111111111111111111111111 111111111111111111 Harry Frisby
4244 Santa Ana Street
South Gate CA 90280
Tel: 323-357-6804 Ext:
Email: [email protected]
Fax
Date
ProposaJ No.
05/'t2/2026
110486
Your Ref. No.
Your Fief. No.
Date Requested
:Mil Jab No,
Prepared By:
-g.t-;<6o91
Miguel Medlna
[email protected]
626-991-4219
Tweedy Mlle New Landscape UpkaepTnq
This price will cover the follomng services for the new landscape areas within Tweedy Mile perimeter:
' Hand watering 2x's per week.
" Maintenance of flower beds.
" Plant material replacement.
" Mulch refreshment once per year.
Price.....,...................,.........,,.....,.,.,,..,......,........,...,......................, $7,615,00 Seven Thousand Six Hundred Fifteen And 00/100 US Dollar 7@yyB AS abWed b7 CUffent agreement.
5z@155j@ylB Allprevailingwages,desk)n,permits,r*lhtandweekendwork,anyunirssenundergmundobstacles,and anything not mentioned.
7iz@ Pmjectstartdateiscurrentfy "10 daysafteracceptance.
Completion tlme for thffi project as specified is 30 working days.
IjBjlB Timelimitfortheaca;ptanceofthisproposalis 30 calendardaysfromtheabovedate.
Acceptance
Miguel Medina
Mariposa Landscapes Inc.
Harry Frisby
City of South Gate
Date
Page * of 4 for Pmposal No. ! 10486
180
Attachment E
Agenda Bill 06/23/26
8232 Santos Diaz, )rwindale CA 91702 <!;J
Tel. 628 960-0196, Fax 626 960-8477 - Contractor License No: 592268 v5y B5(, I Illllliliilll I 111111 Illllllllillimi
Harry Frisby
4244 Santa Ana Street
South Gate CA 90280
Tel.: 323-367-5804 Ext.:
Email: [email protected]
Fax
Date
Proposal No.
05/20/2028
1"l0623
Your Ref. No.
Daie 'RQQue'@tgd
IL:t, .Jotb Nli. .!'ffl,>4Q'Q
Prepared By: Craig JohliB@yl
[email protected]
7146863560
Median 8quares (B) - Firestone Blvd
Removal of any unsuitable material & preparation of the base and subgrade Extending drip irrigation within the median cut-out areas Placernent of decomposed granite (DG) & compaction
Plant 48 - 5/g Foxtail Agave
Grand Total $22,930.00
Price....,,............,,....,..........................................,.,.......,...........,... $22,930.00 Twenty Two Thousand Nine Hundred Thirty And 00/1 DO US Dollar 'j ARMS 48 alloWed b'l currem agreement.
5z@1lIBi@45 All prevailing wages, design, permits, night and weekend work, any unforseen underground obstacles, and anything not mentioned.
7 iB@ Project start date Is cumrntly 30 days after acceptance.
Completion time for this projem as spe6fled is 5 working days.
I izi% Time liml! far !he acceptance Of (hiS proposal i8 80 calendar dQ8 from the abOWt dab3.
Craig Johnson
Mariposa Landscapes Inc.
Acceptance
Harry Frisby
City of South Gate
Date
Page "I of al for Proposal No. 110823
<?rs
181
Exhibit A
Agenda Bill 06/23/26
EXHIBIT A
SCOPE OF WORK
Tweedy Mile District - New Landscape Areas
This amendment adds additional landscape maintenance services for newly installed landscape areas within the Tweedy Mile perimeter to the original contract scope of work under Section II.
Street Median Maintenance District.
The Contractor shall furnish all labor, materials, tools, and equipment necessary to perform ongoing landscape maintenance services including, but not limited to, the following:
Hand watering two (2) times per week;
Maintenance of flower beds;
Replacement of damaged or dead plant material; and Mulch refreshment once per year.
All maintenance activities for these additional locations shall comply with the standards and requirements specified in the original contract specifications. All other terms and conditions of the original contract remain unchanged and in full force and effect.
Firestone Boulevard - Median Cut-Out Improvements
This amendment adds a one-time landscape and irrigation improvement project at six median cut-out locations along Firestone Boulevard to the original contract scope of work.
The Contractor shall furnish all labor, materials, tools, and equipment necessary to complete the median landscape improvements including, but not limited to, the following:
Removal of unsuitable material and preparation of the base and subgrade; Extension of drip irrigation within the median cut-out areas; Placement and compaction of decomposed granite (DG); and Installation of forty-eight (48) five-gallon Foxtail Agaves.
All work shall be performed in accordance with the original contract specifications and to the satisfaction of the City Representative. All other terms and conditions of the original contract remain unchanged and in 'full force and effect.
<21
182
Exhibit B
Agenda Bill 06/23/26
EXHIBIT B
FEE PROPOSAL
The compensation for Amendment No. 2 shall be based on the fee proposals submitted by Mariposa Landscape Services, LLC., attached hereto and incorporated herein by reference, as follows:
1. Proposal No. 110486 dated May 12, 2026, for "Tweedy Mile New Landscape Upkeeping," in the amount of Seven Thousand Six Hundred Fifteen Dollars ($7,615) per month for ongoing landscape maintenance services.
2. Proposal No. 110623 dated May 20, 2026, for "Median Squares (6) - Firestone Blvd," in the amount of Twenty-Two Thousand Nine Hundred Thirty Dollars ($22,930) for one- time landscape and irrigation improvements.
The total compensation for Amendment No. 2 shall not exceed Two Hundred Five Thousand Six Hundred Ninety Dollars ($205,690).
Description Amount
Tweedy Mile Landscape Maintenance (24 Months) $182,760 Firestone Boulevard Median Cut-Out Improvements $22,930 Total Amendment No. 2 Amount $205,690
183
uTTii:e of tlie
Souili Gate City Clei It
JUN 1 7 2026 Item No. 6
FILED
(y;(';lrq Ciffl ofSouth Gate
CITY COUNCIL
AGENDA BNLL
For the Regular Meeting of: June 23, 2026
Originating Department: Public Works
DepartmetgtHead:
ti-(jttrg Ch-ttq5ttr
Ciffl Manager: p9>tts;(>t5.
Arturo Cevantes Rob Houstort
SUBJECT: AMENDMENT N0. 1 TO CONTRACT N0. 2023-78-CC WITH JOHN L MANAGF,MENT OF THF, CjTY'S CALRECYCLE USED OIL AND BEV'ERAGE
CONTAINER RECYCLING PROGRAMS
PURPOSE: To approve Amendment No. 1 to Contact No. 2023-78-CC with JobnL, Hunter and Associates for managing the City's CalRecycle Used Oil Recycling and Beverage Container Recycle Programs. The amendment would extend the term ofthat contract for one additional year, w'th a corresponding annual payment to the contractor.
RECOMMENDED ACIION: The City Council will consider:
a, Approving Amendment No. 1 to Contract No. 2023-78-CC with John L. Hunter and Associates,Inc. ("Agreement")formanagementtheCity'sCalRecycleUsedOilRecycling and Beverage Container Recycle Grant Programs, extending the term for one additional year (July 1, 2026, through June 30, 2027) for an additional compensation amount not to exceed $38,200; and
b. Authorizing the Mayor to execute Amendment No. I to Contract No. 2023-78-CC in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no impact to the General Fund. Amendment No. I to Contract No. 2023-78-CC is in the amount of $38,200 and will be funded through CalRecycle grmit funds for the Used Oil Recycling and Beverage Container Recycling Programs and wffl be included in FY2026/27 0perafion Budget.
ANALYSIS: On June 13, 2023, the City Council qproveA Contract No. 2023-78-CC with John L. Huntet andAssociates, Inc., tomanage the City's CalRecycle Used Oil Recycling andBe'verage Container Recychg Grant Programs. The Agreement has an initial three-year term and is scheduled to expire on June 30, 2026. The Agreement may be extended for up to two additional one-year terms upon the mutual written agreetnent of both parties. Staff recommend extending the term for one (1) additional year to ensure continued implementation and uninternupted management of grant progtam services. The Contractor, John L. Hunter and Associates, Inc., is willing to extend the contract in exchange for the increased compensation set forth above.
I
AS13772.0860872 4937-4660-344jW2
184
BACKGROUND: The California Department of Resources Recycling and Recovery (CalRecycle) administers the Used Oil Recycling Grant Program and the Beverage Container Recycling Grant Program to support local recycling and environmental protection efforts throughout California. These programs provide funding to local governrnents and other eligible organizations to expand recycling opportunities, reduce pollution, and increase public participation in recycling programs.
The Used Oil Recycling Grant Program was established through the Used Oil Recycling Act of 1991 (SB 546) and supports activities that encourage the proper collection and recycling of used motor oil. The program helps prevent improper disposal of used oil, which can contaminate waterways, soil, and other environmental resources.
The Beverage Container Recycling Grant Program was established under the Beverage Container Recycling and Litter Reduction Act of 1986, which created California's California Redemption Value (CRV) recycling system. The program supports recycling infrastructure, public education, and activities that increase the recovery and recycling of eligible beverage containers while reducing litter.
Through these grant programs, John L. Hunter and Associates, Inc. provides program administration services on behalf of the City, including: (a) public education and outreach, (b) recycling center support and administration, (c) coordination with stormwater, used oil recycling, and beverage container recycling programs; and (d) general grant administration.
Collectively, these grant-'Junded activities help protect the environment by reducing pollution, preventing hazardous materials from entering waterways and landfills, reducing litter, and promoting recycling within the community.
ATTACHMENTS: A. Amendment No. 1 to Contract No. 2023-78-CC B. Contract No. 2023-78-CC
2 AS13772.0860872 4937-4660-3444v2
185
Attachment A
Agenda Bill 06/23/26
Amendment No. I
to Contract No. 2023-78-CC
AMENDMENT NO. l TO CONTRACT N0. 2023-78-CC FOR PROFESSIONAL
SERVICES FOR THE MANAGEMENT OF THE USED OIL RECYCLING AND
BEVERAGE CONTAINER RECYCLING PROGRAMS BETWEEN THE CITY OF SOUTH GATE AND JOHN L. HUNTER AND ASSOCIATES, INC.
This Amendment No. I to Contract No. 2023-78-CC for Professional Services for the Management of the Used Oil Recycling and Beverage Container Recycling Programs (this "Amendment No. l") is made and entered into as of June 23, 2026, by and between the City of South Gate, a municipal corporation ("City"), and John L. Hunter and Associates, Inc., a California corporation ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, on June 13th, 2023, the City Council approved Contract No. 2023-78-CC ("Agreement") to retain Contractor's professional services for the management of the City's CalRecycle Used Oil Recycling and Beverage Container Recycling programs, in the amount of One Hundred Fourteen Thousand Six Hundred Dollars ($114,600) for a three-year term cornmencing July 1, 2023 and expiring June 30, 2026; and WHEREAS, City and Contractor desire to extend the term of the Agreement for one (1) additional year, subject to the terms and conditions of this Amendment No. 1; NOW, THEREFORE, the Parties hereby agree as follows:
1. MODIFICATIONS TO AGREEMENT. The Parties hereby amend the Agreement as follows:
1.1 EXTENSION OF TERM. The term of the Agreement is hereby extended for one (1) additional year, commencing July 1, 2026, and terminating June 30, 2027.
1.2 COMPENSATION DURING EXTENDED TERM. The total amount of compensation payable by the City to Contractor for services performed under the Agreement during the period from July 1, 2026, through June 30, 2027, shall be Thirty-EightThousandTwoHundredDollars($38,200.00). Withthisincreased amoiu'it, the total compensation payable by the City to Contractor under the Agreement during its four (4) year term shall not exceed the sum of One Hundred Fifty-Two Thousand Eight Hundred Dollars ($152,800). Payment of this additional amount shall be invoiced and paid in the manner specified in Section 2.2 of the Agreement.
2. EFFECT OF AMENDMENT. Except as expressly amended in Section 1 above, all other ternns and conditions of the Agreement and the attachments and exhibits thereto shall remain in full force and effect.
lSignatures Appear 07? the Following Page]
AS13772.0860872 4910-2279-5444v2
186
Amendment No. 1
to Contract No. 2023-78-CC
IN WITNESS WHEREOF, the Parties hereto have causedthis AmendmentNo. l to be executed and attested by their respective officers hereunto duly authorized.
CITY OF SOUTH GATE:
B7:
Joshua Barron, Mayor
Dated:
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVE AS TO FORM:
B7: DRAFT@
Raul F. Salinas, City Attorney
JOHN L. HUNTER AND ASSOCIATES, INC.
B7:
Jillian Brickey, Secretary
Dated:
AS13772.0860872 4910-2279-5444v2
(4
187
Attachment B
Agenda Bill 06/23/26 Contract No. 2023-78-CC
AGREEMENT FOR PROFESSIONAL SERVICES FOR THE
MANAGEMENT OF THE USED OIL RECYCLING AND BEVERAGE
CONTAINERRECYCLING PROGRAMS BETWEEN THECITY OF SOUTH GATE AND JOHN L. HUNTER AND ASSOCIATES, INC.
This Agreement forprofessional services forthe management ofthe Used Oil Recycling and Beverage Container Recycling Grant Programs ("Agreement"), is made and entered into on June 13, 2023, by and between the City of South Gate, a municipal corporation ("City"), and John L. Huriter and Associates, Inc., a California cotporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, City desires to retain professional services forthe management ofthe Used Oil and Beverage Container Recycling Programs; and
WHEREAS, Consultant warrants to City that it has the requisite skills, kriowledge, qualifications, manpower and expertise to perform properly and timely the professional services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform professional services described in the Proposal attached hereto as Exhibit "A" and made a part to this Agreement.
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing.
2. COMPENSATION. ThetotalamountofcompensationforthisAgreementshallnotexceed the sum of Thirty-Eight Thousand Two Hundred Dollars ($38,200) annually, or One Hundred Fourteen Thousand Six Hundred Dollars ($114,600) for a three-year term as described in Exhibit "A." City shall pay Consultant for its professional services rendered and reasonable costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred unless first approved by the Assistant City Manager/Director of Public Works.
2.1 Consultant shall be required to attend meetings at City Hall as necessaiy in the delivery of the projects. Travel time between the Consultant's office and City Hall shall not be billable. Consultant may request an exemption on a case-by-case basis.
S
188
2.2 Consultant shall submit to City a monthly invoice for services rendered included in Exhibit "A." City shall pay the Consultant within forty-five (45) days of receipt of the invoice.
2.3 No payment made hereunder by City to Consultant, other than the final payment, shal) be construed as an acceptance by City ofany work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement.
TERM OF AGREEMENT. This Agreement is effective as of July 1, 2023, and will remain in effect through June 30, 2026, through the completion of the Scope of Services attached hereto as Exhibit "A" unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein. The Agreement can be extended for two individual one-year temis.
CITY AGENT. The Assistant City Manager/Director of Public Works, for his designee, for the purposes ofthis Agreement, isthe agentforthe City. Wheneverapproval orauthorization is required, Consultant understands that the Assistant City Manager/Director of Public Works, or his designee, has the authority to provide that approval or authorization.
CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located 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 such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflictgf interest that may exist or develop during the term of this Agreement.
5.1 Consultant represents that no City employee or official has a material financial interest in the Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in the Consultant's business or in this Agreement by any City employee or official.
GENERAJ, TERMS AND CONDITIONS.
6.1 TerminationforConvenience.TheCitymayterminatethisAgreementatanytime 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. IfthisAgreementisterminatedbyCityasprovidedherein,Consultantwill be paid a total amount equal to its outstanding fees for services rendered as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
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6.2 Termination for Cause.
6.2.1 The City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
a.
b.
If Consultant fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof; or
If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure within a period often (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 temiinates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such teims and in such manner as it may deem appropriate, services similar to those terminated.
6.2.3 If this Agreement is terminated as provided above in Subsection 6.2. 1, City may require Consultant to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computation, surveys, models, or other similar documentation prepared by Consultant. Upon suchtermination, Consultant shal) be paidan amountequal to the value of the work performed. In ascertaining the value of the work performed up to the date oftermination, 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 ofthe Parties shall be the same as ifthe notice oftermination had been issued pursuant to Subsection 6.1 above.
6.3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City.
6.4 Non-Discrimination.
6.4.1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, creed, gender, gender identity
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(including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and City govemments. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, disabled or age.
Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, are free from such discrimination.
Such employment practices include but are not limited to hiring, upgrading, demotion, transfer, recruittnent, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship
6.4.2 TheprovisionsofSubsection6.4.l aboveshallbeincludedinallsolicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreemerit. City shall have access to all documents, data and records of Consultant and its subcontractors for puiposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisionsofExecutiveOrderNo. ll246whichisincorporatedhereinbythis reference. A copy of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.
6.5 Insurance. Consultant shall submit to City certificates indicating compliance with the following minimum insurance requirements no less than one (l) day prior to beginning of performance under this Agreement:
6.5.1 Workers' Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
6.5.2 Comprehensive general and automotive liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. Be issued by a financially responsible insurance company or compames admitted or authorized to do business in the State of
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California or which is approved in writing by City. b. Name and list as additional insured City, its officers and employees.
C. Specify its acts as primary insurance.
d.
e.
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."
Cover the operations of Consultant pursuant to the ternns of this Agreement.
6.6 Indemnification. Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/orany other City agency arising outof 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
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this Agreement claims or is determined by a court of competentjurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any fees assessed and interest, which would otherwise be the responsibility of City.
6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City.
Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of the Consultant.
6.9 Consultant's Personnel.
6,9.1 AllservicesrequiredunderthisAgreementwillbeperformedbyConsultant, 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 senices, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
6.9.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
6.9.3 Consultant shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
6.9.4 Consultant shall indemnify and hold haimless the City and all other related entities, officers, employees, and representatives, from any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices, or of any acts or omissions by Consultant in connection with the work performed arising from this Agreement.
6.10 Copyright. Noreports,mapsorotherdocumentsproducedinwholeorinpartunder this Agreement shall be the subject of an application for copyright by or on behalf of Consultant.
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6.11 Legal Construction.
6.11.1 ThisAgreementismadeandenteredintointheStateofCaliforniaandshall in all respects be interpreted, enforced and governed under the laws of the State of California, without regard to conflict of law principles.
6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of the same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
6.11.3 The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
6.11.4 Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.12 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant foranything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check.
However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
6.13 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to the Consultant.
6.14 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of
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this Agreement.
6.15 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other Patly, 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 otherPaity 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 oftime specified. All ofthe 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 pertnitted or available right of remedy.
6.16 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.
6.17 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.18 Attorney's Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses arid attorney's fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorney's fees and costs in addition to all other relief to which that Party or those Parties may be entitled.
6.19 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.
6.20 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery, and depositing said notice
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in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
City of South Gate
Arturo Cervantes
Assistant City Manager/
Director of Public Works
8650 California Avenue
South Gate, CA 90280
E-mail: acervantes.org
TO CONSULTANT:
John L. Hunter & Associates, Inc.
John Hunter
President
6131 0rangethorpe e200
Buena Park, CA 90620
F3-@Bil: jhunter(2?jlha.net
WITH COURTESY COPY TO:
City of South Gate
Yodit Glaze
City Clerk
8650 California Avenue
South Gate, CA 90280
E-mail: YGlaze@)sogate.ore
6.21 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.
6.22 Consultation With Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.
6.23 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this Agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be construed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue. [Remainder of page left blank intentionally]
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7. EFFECTIVEDATE. Theeffeciivedateo[thisAgreementisJulyl,2023,andwillremain in effectthmugh June30, 2026, and until projectcompletion, unlessotherwiseterminated in accordance with the temis ofthis Agreement
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized. aTY OF SOUTH GATE:
Mariq del PilgAvalos, Mayor
ATTEST:
BY:
Yodit, ity
(S )
Clerk
APPROVED AS FORM:
Bar:
l F. Salinas, City Attomey
JOHN L. HUNTER AND ASSOCIATES,
INC.:
1'-l
197
@JLHA
MUNICIPAL CONTRACTOR
March 9, 2023
City Clerk's Office
Attn: Arturo Cervantes, P.E.
Assistant City Manager/Director of Public Works
City of South Gate
8650 California Ave
South Gate, CA 90280
Subject: Request for Proposal for As-Needed Services for Used Oil Recycling and Beverage Container Recyding Grant Program
Dear Arturo Cervantes:
John L. Hunter and Associates (JLHA) is pleased to submit a proposal to provide as-needed Used Oil Recycling and Beverage Container Recycling Grant Program consulting services, prepared in response to the City of South Gate Request for Proposal (RFP). We welcome the opportunity to continue providing environmental services to the city.
JLHA is an environmental consulting firm that specializes in servicing municipal cities. Currently we implement the used oil recycling program for five (5) cities and the beverage container recycling program for two (2) cities in the Counties of Los Angeles and Orange.
All information submitted with the proposal is considered true, accurate, and current. The person authorized as the point of contact for a contract resulting from the RFP, and who will be the responsible for day-to-day management of these services is:
Jillian Brickey, Program Manager
John L. Hunter & Associates, Inc.
6131 0rangethorpe Ave, Suite 300, Buena Park, CA 90620 562.676.5703 l [email protected]
We welcome the opportunity to continue offering our services. If you have any questions, you can reach me at [email protected], or 562.676.5703.
Sincerely,
Jillian Brickey
Director
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As-Needed Services for Used Oil Recycling and
Beverage Container Recycling Grant Program
tT% '4
SERVICES PROPOSAL
2023.03.09
Prepared for: City Clerk's Office
Attn: Arturo Cervantes, P.E.
Assistant CityManager/Director ofPublicWorks
City of South Gate
8650 California Ave
South Gate, (,A 90280
Prepared by: John L. Hunter & Associates
6131 0rangethorpe Ave #300
Buena Park, GA 90620
Jillian Brickey
Project Manager
[email protected] 562.676.5703
John Hunter
Principal-In-Charge
[email protected] 310344.8650
t(,
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Proposal for As-Needed Services for Used Oil Recycling and Beverage Container Recycling Grant Program March 9, 2023 Table of Contents
1. Qualification and Experience
1.1. Firm Quality Assurance/Control Procedures
1.2. Principal Staff Members
1.3. References
2. Scope of Work and Project Understanding.
2.1. Used Oil Recycling and Beverage Container Recycling Grant Programs.
2.1.1. Public Outreach and Education.
2.1.2. Recycling center surveys, support, and promotion 1 1
1 .2
3 3
3 4
2.1.3. Partnership between City's Stormwater,
Recycling Programs
Used Oil Recycling, and Beverage Container
.4
2.1.4. Grant Administration
Legal Investigation History
Consultant Agreement..
.5
Resumes
Fee Proposal.
6.1. Rate Schedule
6.2. Estimated Not-to-Exceed Fee Proposal
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j:,
Proposal for As-Needed Services for Used Oil Recycling and Beverage Container Recycling Grant Program March 9, 2023
1. Qualification and Experience
John L. Hunter and Associates, Inc. (JLHA) is an environmental consulting corporation founded in 1985. We specialize in assisting municipalities implement water quality and conservation programs. These programs include NPDES, stormwater pollution prevention, watershed management, sewer overflow prevention, water conservation, and recycling. Services include program administration, planning, reporting, and funding, as well as inspections, engineering, monitoring, and public education.
We have been working with the City of South Gate since 1993 and are currently implementing the City's Used Oil, Beverage Recycling Program and NPDES (stormwater) program. For the past 24 years, we have successfully increased awareness and recycling efforts within the community while implementing the city's Used Oil and Beverage Container Recycling Programs. We have played an integral role in the City's endeavors, including arranging filter exchanges, participating in events, and creating and planning the City's Earth Day Community Cleanup.
Currently, we implement the used oil recycling program for five (5) cities and the beverage container recycling program for two (2) cities in the Counties of Los Angeles and Orange. Services provided include:
* Grant administration
* Public education and outreach
* Recycling center support and administration
@ Partnership with Stormwater, Used Oil Recycling, and Beverage Container Recycling programs
1.1. FirmQualityAssurance/ControlProcedures
Service quality is ensured through a QA/QC budget assigned to the program. This budget (approximately 5% of total program costs) is for time spent by supervising key personnel to regularly review the Principal Staff Members' work product. This time is also used to track and control the budget, and to ensure control of the schedule of services provided as listed in the following subsections.
1.2. Principal Staff Members
Table 1 lists the staff members for this project and their typical project roles. See the Resumes Section for the experience, credentials, and education of the project team. The staff members listed will be available to provide any requested services throughout the term.
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Proposal for As-Needed Services for used Oil Recycling and Beverage Container Recycling Grant Program March 9, 2023 Table 1. Staff Members Roles
Program Title Team Member Information
Project Manager
Name Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR
Roles Point-of-contact, manages service implementation/budget Workload 15% of services provided
Outreach Specialist
Name Jacqueline Mak
Roles Outreach programs implementation
Workload 70% of services provided
Program Support
Name Hugo Garcia, CPSWQ, QSD/P, CESSWI
Roles Outreach programs implementation
Workload 15% of services provided
1.3, References
Table 2 is a list of client references that receive services similar to those listed in the Scope of Work. Additional references are available at the request of the City.
Table 2. References
Agency Name Data Field Reference Information
Artesia
Contact/Title Karen Lee, Special Projects Manager
Address 18747 Clarkdale Ave, Artesia, CA 90701
Phone/email (562) 865-6262 ext. 234, [email protected] JLHA services/project Used Oil
Monterey Park
Contact/Title Xochitl Tipan, Principal Management Analyst Address 320 W Newman Ave, Monterey Park, CA 91754
Phone/email (626) 307-1383, [email protected] JLHA services/project Used Oil
Seal Beach
Contact/Title Patrick Galle@os, Assistant City Manager
Address 211 Eighth St, Seal Beach, CA 90740
Phone/email (562) 431-2527 ext. 1308, [email protected] JLHA services/project Used Oil
South El Monte
Contact/Title Rene Salas, City Manager
Address 1415 Santa Anita Ave, South El Monte, CA 91733 Phone/email (626) 579-6540, [email protected]
JLHA services/project Used Oil and Beverage Container Recycling Page2
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Proposal for As-Needed Services for Used Oil Recyclin@ and Beverage Container Recycling Grant Program March 9, 2023 2, Scope of Work and Project Understanding
We welcome the opportunity to continue providing as-needed professional Used Oil Recycling and Beverage Container Grant programs services to the City of South Gate. This section details the approach tO COmplete the SCOpe Of WOrk (SOW). The timeframe Of thiS proposal iS far a period of three (3) years (Fiscal Year 2023-2024 through 2025-2026) with the option for a one (1) year extension, upon written agreement by the City and JLHA. This proposal is considered valid for a period of ninety (90) days from the date of submittal.
2.1. Used Oil Recycling and Beverage Container Recycling Grant Programs The Department of Resources Recycling and Recovery (CalRecycle) distributes an annual grant to the City specifically for the Used Oil Recycling and Beverage Container Recycling programs. JLHA and the City will work together to implement projects to achieve the goals of the Used Oil Recycling and Beverage Container Recycling Grant program. Below is an outline of the tasks that will be implemented during each reporting year for both Used Oil Recycling and Beverage Container Recycling programs. These tasks aim to increase the recycling of used oil, filters, and beverage containers, and decrease the volume of oil and containers discarded into storm drains or public disposal sites. All outreach activities and vendor purchases will have prior approval from the City.
2.1.1. Public Outreach and Education
Table 3 lists the Public Outreach and Education tasks.
Table 3. Public Outreach and Education Tasks
Task
s
Description
l.a Print and social media
We will continue to collaborate with the City"s stormwater program to promote used oil and beverage container recycling information through news outlets such as the City website and seasonal newsletter, South Gate Vista. We will also utilize social media platforms such as Facebook, Twitter, and Instagram to provide program information. We are available to prepare newsletter articles and/or advertisements for print media and content for the City"s social media.
l.b Develop beverage container and used oil and filter recycling materials We will develop designs for outreach materials that are both educational and functional.
Materials will promote the City's recycling centers and serve as reusable items for used oil recycling and beverage container recycling. Promotional advertisements include banners, flyers, and newsletter articles.
Event participation
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Proposal for As-Needed Services for Used Oil Recycling and Beverage Container Recycling Grant Program March 9, 2023 Table 3. Public Outreach and Education Tasks
Task 'Descript,!on a ' - = " " - =-' a - ' --' - " '
an interactive display. We will provide staff who are bilingual in English and Spanish will host the booths to effectively communicate to the community. l.d Used oil recycling and filter exchange events
We will coordinate with local certified collection centers (CCCs) such as AutoZone and Renteria Auto Parts to host used oil recycling and filter exchange events. l.e Assistance with City's annual Earth Day Community Cleanup, or similar event We will assist City as needed, to develop and promote the City's annual Earth Day Community Cleanup Day event. We will coordinate with youths, high school students, families, local businesses, and community groups for volunteer participation.
2.1.2. Recycling center surveys, support, and promotion Table 4 lists the recycling center surveys, support, and promotion tasks.
Table 4. Recycling Center Surveys, Support, and Promotion Tasks Task Description
2.a
Promote existing used oil recycling certified collection centers (CCCs) and beverage container recycling centers
Both used oil recycling and beverage container recycling centers will promote all outreach materials, media outlets, and events.
2.b
Conduct annual Certified Collection Centers (CCC) surveys and collect used oil and filter recycling data.
Certified Collection Centers (CCC) are used oil and filter recycling collection centers within the City. It is important to provide the centers with materials and support they need for continued involvement in the program. We will conduct a survey at all CCCs.
2.c
Administer used oil and filter hauler payments at local used oil recycling certified collection centers (CCCs)
CalRecycle will provide payment for local CCCs to haul used oil and filters. This will include communication between participating certified collection centers and the hauler.
2.1.3. Partnership between City's Stormwater, Used Oil Recycling, and Beverage Container Recycling Programs
Table 51ists the partnership between city programs tasks.
Table 5. Partnership Between City Programs Tasks
Task Description
3.a K-12 school outreach
We will promote LA County's Environmental Defenders program for K-6 students and Battle of the Schools recyclin@ contest and Streets to the Sea Challenge for 7-12 grade Page4
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Proposal for As-Needed Services for Used Oil Recycling and Beverage Container Recycling Grant Program March 9, 2023 Table 5. Partnership Between City Programs Tasks
Tssk Description , ._ ,_ , , __. _ _
students. In addition, we will coordinate with schools to increase K-12 student participation at City/Community educational events.
3.b Integrated program outreach
We currently assist the City with the Stormwater Program. Both used oil recycling and beverage container recycling program outreach will be integrated with the City's stormwater program. Combining the programs as one environmental message will help the South Gate community to learn to recycle both materials while protecting our waterways.
2,1.4. Grant Administration
Table 6 lists the grant administration tasks.
Table 6. Grant Administration Tasks
Task Description
4.a Expend annual grant funds before the fiscal year deadline
4.b Complete and submit all CalRecycle grant documents (Funding Request/Grant Application, Annual Report)
4.c
Communicate with CalRecycle grant advisors for project approvals and current grant updates
4.d Administer expenditures aceording to proportionate cost/rate
4.e Attend meetings on behalf of South Gate
3, Legal Investigation History
We have not been the subject of any legal investigation by County, State, and/or Federal agencies within the past five years.
4. Consultant Agreement
We have no exceptions requested to the standard contract included in the RFP.
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Proposal for As-Needed Services for Used Oil Recycling and Beverage Container Recycling Grant Program March 9, 2023
5. Resumes
The following section includes the resumes and certifications of key personnel.
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Proposal for As-Needed Services for Used Oil Recycling and Beverage Container Recycling Grant Program March 9, 2023 17 Years of Experience in Water Quality
Education
M.S., Environmental Science, CSUF
B.S., Zoology, Cat State Poly Pomona
Certifications
CPSWQ, EnviroCert (#0845)
QSD/QSP, CASQA (#22731)
CGP Trainer of Record, CASQA
Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR
Director
jillian Brickey has 17 years of experience in environmental management, specializing in stormwater and watershed management and water conservation. Her relevant experiences include implementing and managing NPDES municipal Permit programs for Low Impact Development, Development Construction, and TMDL/watershed management. Tasks include includes plan review and approval, reporting, training municipal staff in program implementation, and representing client interests in interactions with regulators and other stakeholders.
Recent Experience and Project Qualifications
Municipal NPDES Permit Management: Ms. Brickey serves as a Programs Manager of municipal NPDES Permit programs for multiple cities throughout the Southland. NPDES Permits managed include all elements of the MS4 and CGP Permits, including erosion/sediment control and Low Impact Development (LID) for construction projects, and TMDLimplementation for water bodies impaired by trash, metals, toxics, and bacteria. Through these management activities, she has:
Represented cities in MS4 NPDES Permit New Development compliance audits from the Regional Water Quality Control Board. (Seal Beach: 2010, 2015, Stanton: 2010).
Developed TMDL compliance plans for Metals, Toxics, Bacteria, and Trash. (Lower Los Angeles River, Lower San Gabriel River, Long Beach Nearshore Watersheds: 2013-2016.) Served as primary contact with clients and represented their interests when interacting with regulators. (Covina, La Habra, Seal Beach, South Pasadena, Stanton, Pasadena, West Hollywood).
Developed Stormwater Quality Management Programs (Seal Beach: 2011), LID comptiance guideline documents (Gateway cities, 2014), and LID ordinances (2014).
Held CGP QSD/QSP training as a CGP ToR (Pasadena, 2016) and led over one hundred municipal training sessions in MS4 and CGP Permits. (Over 20 municipal clients: 2008-2016).
Reviewed on behalf of municipal clients hundreds of LID Plans, WQMPs, and SWPPPs and verified proper installation and maintenance of hundreds of LID BMPs.
Supervised JLHA plan checking staff.
Watershed Management: Ms. Brickey served as a Project Manager for the development of the WMPs for the Lower Los Angeles River and Lower San Gabriel River Watershed Groups (2013-2016). The WMPs were developed by MS4 Permittees with shared watershed boundaries, with the objective of achieving surface water quality standards. Tasks included evaluating existing control measures and developing new control measures and compliance schedules to achieve water quality standards. She also oversaw the development and implementation of LID ordinances as required by the WMP development process. This included preparing a LID Ordinance Equivalency Demonstration for the City of Long Beach.
She has also led multi-jurisdictional workshops and technical committees on watershed management program implementation, and engaged with Regional Water Quality Control Board members, staff, and non-governmental organizations in support of contested ISSUES regarding the watershed management compliance approach. Through representation of municipal clients' stakeholder interests, Ms. Brickey has also participated in the development of watershed management programs and monitoring programs for the Llpper Los Angeles River, Upper San Gabriel River, and Peninsula Cities Watershed Groups (2013-present).
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Proposal for As-Needed Services for Used Oil Recycling and Beverage Container Recycling Grant Program March 9, 2023 Jacqueline Mak
ProjectLead/ProjectAnalyst
Education
B.S., Environmental Science, UCLA
Concentration: Geography/Environmental Studies
Jacqueline Mak has 7 years of experience in the water quality field, specializing in local water quality regulation and public education in Los Angeles and Orange County. Her experiences include implementation of Municipal NPDES programs, development and implementation of (Enhanced) Watershed Management Programs, coordinating NPDES, Used Oil Recycling and Beverage Container Recycling public outreach programs, developing funding applications, and representing client interests with regulators and other stakeholders.
Recent Experience and Project Qualifications
Jacqueline serves as a project lead and project analyst whose responsibilities include coordinating services implementation and contributing to deliverables for several (Enhanced) Watershed Management Programs ((E)WMPs)and paired Coordinated Integrated Monitoring Programs (CIMPs). Her relevant experience for this role includes implementing and coordinating NPDES municipal permit provisions such as watershed management, TMDL compliance, water quality monitoring, and public information and participation. She also serves as project lead for public outreach-focused state grant programs under CalRecycle: Used Oil Recycling Program and Beverage and Container Recycling Progam for various municipalities in Los Angeles County. Her relevant experience for this role includes applying for grant funds, Certified Collection Center auto site visits, community outreach, and program development. Specific examples of recent experience and project qualifications include:
* Developing and implementing municipal NPDES and TMDL compliance activities, including representing city interests at meetings and hearings, preparing the Individual Annual Report, preparing Watershed Integrated Monitoring Compliance Reports, Adaptive Management Reports, Trash TMDL studies and compliance reports, TMDL reopener requests, and TMDL time schedule order requests.
* Developing and coordinating project funding applications for Los Angeles and Orange County cities (Safe Clean Water Program and OCTA Tier 1 Grant).
* Servingaspoint-of-contactforwaterqualitymonitoringconsultantsimplementingtheCIMP. * Developing,maintaining,andimplementingtheUsed0ilRecyclingProgramsfortheCitiesofMonterey Park, Seal Beach, South El Monte, South Gate, and Temple City. * Developing,maintaining,andimplementingtheBeverageContainerRecyclingProgramsfortheCities of South EI Monte and South Gate.
* Serving as point-of-contact for city staff and CalRecycle for the Used Oil Recycling and Beverage Container Recycling Program and representing cities in Used Oil Recycling Program audits from CalRecycle.
Watershed Management: Jacqueline participates in the development and implementation of (E)WMPs and CIMPs for the Palos Verdes Peninsula, Long Beach Nearshore and asSistS with the implementation of WMPS and CIMPs for the Lower Los Angeles River, and Lower San Gabriel River.
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Proposal for As-Needed Services for Used Oil Recycling and Beverage Container Recycling Grant Program March 9, 2023 Education
B.S., Environniental Science, UCR
Certifications and Training
CPSWQ, EnviroCert (#1183)
CESSWI, EnviroCert (#4769)
QSD/P, CASQA (#27064)
Professional Certificate in GIS
Basic Inspector Academy, Cal EPA
Spanish fluency
Hugo Garcia, CPSWQ, (,ESSWI, QSD/P
Senior ProjectAnalyst/Assistant Project Manager
Hugo Garcia has 11 years of experience with John L. Hunter & Associates, specializing in NPDES and Industrial Waste/FOG Control regulations. His experiences include implementation of Municipal NPDES Programs for Industrial/Commercial Facilities, Development Construction, Municipal Activities, Planning and Land Development, Public Information and Participation, and Illicit Connections & Illicit Discharge Elimination Programs. In addition, Hugo provides TMDL implementation and reporting, and serves as JLHA's lead GIS Specialist.
Recent Experience and Project Qualifications
Mr. Garcia currently serves as both a Senior Project Analyst and Compliance Specialist whose responsibilities include providing assistance with the implementation of several Watershed Management Programs in Los Angeles and Orange County, as well as conducting stormwater compliance inspections (e.g., La Habra, and South Gate). Specific examples of recent experience and project qualifications include:
* Assisting with the development, implementation, and compliance reporting components of Trash TMDLs for the Cities of Alhambra, Arcadia, Burbank, Downey, Glendale, Inglewood, Long Beach, Lomita, Lynwood, Monterey Park, Paramount, Pasadena, Pico Rivera, Rancho PalosVerdes, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, and West Hollywood. * Assisting with the development of the Lower Los Angeles River Watershed Management Group Trash Monitoring Reporting Plan (TMRP), Trash Minimum Frequency of Assessment and Collection (MFAC/BMP) Programs for the Cities of Arcadia, Burbank, Downey, Glendale, Long Beach, Pasadena, and Pico Rivera, and Plastic Pellet Management Programs (PMRPs) for the Cities of Arcadia, Burbank, Glendale, Monterey Park, Pasadena, San Gabriel, South El Monte, South Pasadena, and Temple City. * Assisting with Industrial General NPDES Stormwater Permit compliance activities and Stormwater Pollution Prevention Plans (SWPPPs) for municipal facilities located in the Cities of Laguna Beach, La Mirada, San Gabriel, Signal Hill, and West Covina.
* Conducting over 3,000 NPDES compliance inspections at industrial/commercial facilities (e.g., food facilities, automotive repair facilities, and facilities subject to the Industrial General Permit) and construction sites.
* Developing and maintaining GIS databases of 1) potential sites for low impact development (LID) retrofit projects to comply with various Watershed Management Programs, 2) catch basin retrofit locations to comply with Trash TMDLs and the statewide Trash Provisions, and 3) MS4 outfall and non- stormwater discharges locations to comply with Coordinated Integrated Monitoring Programs (CIMPs).
Reviewing preliminary plumbing plans for new development and tenant improvement projects at Industrial Waste/FOG facilities in the cities of Arcadia, Signal Hill, South El Monte, South Gate, and Stanton.
h Assisting with the review of small site Low Impact Development (LID) plans for conformance with city- specific LID standards for the Cities of Signal Hill, South Gate, and West Hollywood.
Developing retrofit opportunity inventories for multi-watershed/multi-jurisdictional grants.
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As-Needed Services for Used Oil Recycling and
Beverage Container Recycling Grant Program
N
iviuxicip=-@prqisqcaros
SERVICES PROPOSAL
2023.03.09
Prepared for: City (,lerk's Office
Attn: Arturo Cervantes, P.E.
ASsistant City Manager/Director of Public Works
(,ity of South Gate
8650 (,alifornia Ave
South Gate, GA 90280
Preparedby: JohnL.Hunter&Associates
6131 0rangethorpe Ave #300
Buena Park, [,A 90620
Jillian Brickey
Project Manager
[email protected] 562.676.5703
John Hunter
Principal-In-Charge
[email protected] 31034fi.8650
2,7
210
Proposal for As-Needed Services for 11sed Oil Recycling and Beverage Container Recycling Grant Program March 9, 2023
6. Fee Proposal
6.1. Rate Schedule
Principal S210 / hour
Director 9185 / hour
Program Manager S185 / hour
Staff Engineer S185 / hour
Project Manager S175 / hour
Assistant Project Manager S160 / hour
Project Engineer S160 / hour
Compliance Specialist II 9130 / hour
Project Analyst II S130 / hour
Compliance SpecialistI 5120 / hour
Project Analyst I S120 / hour
Administrative Assistant, Laborer !>80 / hour
State Certified Laboratory Analysis COSt + 5%
Legal Consultation, Court Appearances/Document review, etc. 9275 / hour Subcontracted equipment Cost + 5%
Fee Schedule effective as of January 1, 2023
This rate schedule is subject to consumer price index (CPI) increases in subsequent years.
JLHA does not add charges for overhead items such as administrative copying or mileage in and around the city.
P a g e 11
211
Proposal for As-Needed Services for Used Oil RecyclinB and Beverage Container Recycling Grant Program March 9, 2023
6.2. Estimated Not-to-Exceed Fee Proposal
The city has been awarded S14,367 from the Used Oil Recycling Services Program and 523,935 from the Beverage Container Recycling Program for FY 2023-24. The city is expected to receive funding annually. With recent funding changes to the CalRecycle programs, including the Used Oil and Filter Recycling Program, we understand there may be variability in the amount of future funding for the city. We will ensure all required elements of the grant have been satisfied, to include the recycling site visits, preparation and submittal of grant funding requests and annual reporting. Should reduced/modified funding amounts take place in future years, we are able to adjust the city's Program for successful implementation and achievement of the program goals.
If the City plans to spend grant funds on administrative work for each program, we are able to work closely with the city once the funding amount has been identified.
The annual not-to-exceed costs for the Used Oil Recycling and Beverage Container Recyc!ing Grant services are included in Tables 7 and 8, and summarized in Table 9. Work will be conducted on a time and materials basis.
P a g e 12
2ff
212
Tibl*7. !mmatsl Not-tdam dAanm Coib muORgmkii i*mcu Tuk name Team' Rite H(IIITI
Ysrl
12084024)
Yur2
120244(115)
7iarl
1202S4W6)
robh Totals Totals
Task 1- Publlc outreach and education PAI 5120 70 98,400 58,400 Ss,aoa Task 2 - Recydlng csntsi surveys, support, aiid pnomatlon PAI 6120 10 51,200 51,200 51,20CI Task 3 - Parknershlp batween Cllyl Staimwitsr, Used 011 Recyclln(, and Beverage Container Recydlng Programs
PAI S120 22 9,sao 52,640 52,640
Task 4 - Grant AdmlnlsUatlon PAI S120 10 ex,zoo Sl,200 Sl,200 Admlnlster Program and Implement QA/QC %xedures PM 6175 s S87S S875 5875 Total' 614+gl5 614,IIS *!4,:115
' PAI l'rolectAnalyit 1, PAI: Irolect klanaget
' The Clty hai been awarded 514.367 Irom khe Uied Oil Recycling 'ieivlcei Program Tor F'l2023-23. and ii exp=cted to recelve Tunding annually Table L tltlfflltld NOt'tea!Xa 'ed AflTllllJ Cell i her &CR aThn! IIs!Vliai Taiknama Talffla Rab Houn
Yur I
ptl3u24)
' Yeatl
12024a2025)
Ysr!
12025-2026)
Totali Totah Tolab
Task s - Publlc outreach and education PAI 5120 117 614,040 614,040 S14, €140 Taik 2 - Recyding center suppark, and promotlon PAI S120 IS SIAOO el,800 51,800 Taik :l- Parkneishlp between Cites Stoimwatei, Llied 011 Recydlng, and Beverage Conhlner Recydlng Programs
PAI 6120 36 54,320 64,320 64,320
Task 4 -Grant Adminlslratlon PAI 5120 IS 51,800 Sl,800 61,BCIO Admlnlstv Program and Implement QA/QC Procedura % 6175 II 51,925 51,!125 si,gzs rotala *2i,885 §23J18S 623,185
'PAI Ptolec+Analyitl,PklPiolectManagei
' The Cliy hai been xwarded 523 935 from the Beverage Conlalner Recycllng Iroyam l(IT FY 2023-23. and ii eipected tti receive junding annually 30 213
Table 9. Estimated Not-to-Exceed Annual Costs for UO Recycling and BCR Grant Servicvs Task name
Year I
(2023-2024)
Year 2
42024-2025)
Year 3
(2025-2026)
Used Oil Recycling Services Grant Program S14,315 S14,315 !>14,315 Beverage Container Recycling Grant Program S23,885 §z_i,sss S23,885 AnnualGrandTotal ' 638,200 S38,200 638,200
"7)1
214
Office of the
"3outh Ga!e City Clerk
Item No. 7
JUN 1 7 2026
FILED
1F53- Ci§ of South Gate
CITY COUNCIL
AGENDA BT[LL
For the Regular Meeting of': June 23, 2026
DepartmntDirector: CilManager:
Arturo Cervmdes Rob Houstorz
SUBJECT: ADDENDUM N0. 3 TO RESOLUTION 2021-61-CC APPROVING ADDENDUM N0. 3 AND AnTlfND'[TM PT0. 4 TO TRANSFER AGREEMENT WITH THE LOS ANGELUS COUNTY FLOOD CONTROL DISTRJCT, AGREEMENT NO. 2021RPLLARO5, SAFE, CLEAN WATER PROCj? AM
PURPOSE: To approve Addendum No. 3 to Resolution No. 2021-61-CC approving Addendum No. 3 mid Addendum No, 4 to Transfer Agreement No. 2021RPLLARO5 to secure $692,000 in Measure W Regional Program Funding forthe Urban Orchard Project.
RECOMMENDED ACTIONS: The City Council will consider:
a, Approving Addendum No. 3 to Resolution 202!-61-CC approving Addendum No. 3 and Addendum No. 4 to Transfer Agreement No. 2021RPLI,ARO5 with the Los Angeles County Flood Control District ("Transfer Agreement") to secure $692,000 in Measure W Regional Prog Funding for the Urban Orchard Project; b. Appropriating $692,000 in Measure W Regional Progratn Funding for the Urban Orchard Projec't;
c, Authorizing the Mayor to sign Addendunn No. 3 to Resolution 2021-61-CC in a fozm approved by the City Attorney;
d, Authorizing the Mayor to sign Addendum No. 3 and Addendum No. 4 to Transfer Agreement No. 2021RPLLARO5 in a form approved by the City Attorney; and e. Authorizing the Assistant City Manager/Director of Public to execute and submit all other documents pertaining to AddendumNo. 3.
FISCAL [MPACT: There is no impact to the General Fund. Addendum No, 3 and Addendum No. 4 to the Transfer Agreement authorize the City to receive a total of $692,000 in Measure W Regional Program funds to support the Urban Orchard Project, These funds will reimburse eligible project costs.
ANALYSIS: The Urban Orchard Project was awarded a total of $5,438,000 in Measure W Regional Program grant funds to support the construction, operation, maintenance, arid water quality monitoring of the park. The funding was programmed for distribution over five fiscal yeats. To date, the City has received: (a) $2,2 million in Fiscal Year 2021/22 funds ttuaough the I
215
original Transfer Agreement; (b) $2.2 million in Fiscal Year 2022/23 funds through Addendum No. 1 to the Transfer Agreement; and (c) $346,000 in Fiscal Year 2023/24 funds through Addendum No. 2 to the Transfer Agreement.
The City is now eligible to receive an additional $692,000 in Measure W Regional Program grant funds, consisting of $346,000 from Fiscal Year 2024/25 and $346,000 from Fiscal Year 2025/26. These fiu'ids may be used for eligible operations, maintenance, and water quality monitoring activities associated with the Urban Orchard Project.
The Los Angeles County Flood Control District requires the execution of an addendum to Transfer Agreement No. 2021RPLLARO5 to authorize the release of each fiscal year's funding allocation. The proposed action satisfies this requirement by approving Addendum No. 3 to the Transfer Agreement, which authorizes the receipt of $346,000 in Fiscal Year 2024/25 funds, and Addendum No. 4 to the Transfer Agreement, which authorizes the receipt of $346,000 in Fiscal Year 2025/26 fiinds. Together, these addenda will provide the City with access to the remaining $692,000 currently available under the grant program.
BACKGROUND: On November 6, 2018, the Safe, Clean Water Program ("Program"), known as the Measure W ballot measure, was successfully passed by voters. The Program provides local, dedicated funding to increase water supply, improve water quality, and provide cornrnunity enhancements throughout Los Angeles County. The Program is a special parcel tax of 2.5 cents per square foot of impermeable surface area for private property. Publicly owned parcels, including schools, are exempt under state law. The Program was estimated to generate $285 million annually of which 10%, 40% and 50% is programmed for the Los Angeles County Flood Control District, local agencies, and a Regional Program, respectively.
On September 15, 2021, the City was awarded a grant in the amount of $5,438,000 for construction, water quality monitoring and operations and maintenance for the Urban Orchard Project. The grant program required a resolution to enter into a Transfer Agreement with the Los Angeles County Flood Control District to receive the funds.
On November 23, 2021, Resolution 2021-61-CC was approved by City Council to approve Transfer Agreement No. 2021RPLLARO5 and authorize the Assistant City Manager/Director of Public Works or designee as agent of the applicant to submit all documents pertaining to the Transfer Agreement including, but not limited to, budget plans, payment requests, progress reports, annual reports, and monitoring reports, operations and maintenance plans and other documents, which may be necessary for the completion of the Urban Orchard Project.
On January 24, 2023, Addendum No. 1 to Resolution 2021-61-CC was approved by City Council to approve Addendum No. I to Transfer Agreement No. 2021RPLLARO5 and authorize the Assistant City Manager/Director of Public Works or designee as agent of the applicant to submit all documents pertaining to the Transfer Agreement including, but not limited to, budget plans, payment requests, progress reports, annual reports, and monitoring reports, operations and maintenance plans and other documents, which may be necessary for the completion of the Urban Orchard Project.
On June 25, 2024, Addendum No. 2 to Resolution 2021-61CC was approved by City Council to approve Addendum No. 2 to Transfer Agreement No. 2021RPLLARO5 and authorize the 2 216
Assistant City Manager/Director of Public Works or designee as agent of the applicant to submit all documents pertaining to the Transfer Agreement including, but not limited to, budget plans, payment requests, progress reports, aru'iual reports, and monitoring reports, operations and maintenance plans and other documents, which may be necessary for the completion of the Urban Orchard Project.
Staff are requesting approval of Addendum No. 3 to Resolution 2021-61-CC to approve Transfer Agreement No. 2021RPLLARO5.
ATT ACHMENTS: A. Proposed Addendum No. 3 to Resolution 2021-61-CC (Including Exhibit A and B)
Addendum 2 to Resolution 2021-61-CC
Addendum 1 to Resolution 2021-61-CC
Resolution 2021-146-CC
GD:ky
3 217
Attachment A
Agenda Bill 06/23/26
ADDENDUM N0. 3 TO RESOLUTION N0. 2021-61-CC
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, APPROVING ADDENDUM N0. 3 AND
ADDENDUM N0. 4 TO TRANSFER AGREEMENT N0. 2021RPLLARO5
BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND CITY OF SOUTH GATE, PERTAINING TO THE SAFE, CLEAN
WATER PROGRAM - REGIONAI, PROGRAM
WHEREAS, on November 6, 2018, Measure W, the Safe, Clean Water ("SCW") Program ballot measure, was successfully passed by the voters; WHEREAS, the SCW Program Ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; WHEREAS, the City of South Gate ("City") was awarded SCW Funds from the Competitive Regional program in the amount of $5,438,000 to be distributed over five years beginning FY 2021/22 to fund the construction, operation and maintenance and water quality monitoring for the Urban Orchard Project;
WHEREAS, in November 23, 2021, the City executed and submitted the Transfer Agreement between the City and the Los Angeles County Flood Control District ("Transfer Agreement"), to receive the grant funds in the amount of $2,200,000; and WHEREAS, in January 24, 2023, the City approved Addendum No. 1 to Resolution 2021-61-CC approving Addendum No. I to Transfer Agreement No. 2021-RPLLARO5 between the City and the Los Angeles County Flood Control District to receive the grant funds in the amount of $2,200,000; and
WHEREAS, in June 25, 2024, the City approved Addendum No. 2 to Resolution 2021- 61-CC approving Addendum No. 2 to Transfer Agreement No. 2021-RPLLARO5 between the City and the Los Angeles County Flood Control District to receive the grant funds in the amount of $346,000; and
WHEREAS, the City shall approve Addendum No. 3 to Resolution 2021-61-CC approving Addendum No. 3 and Addendum No. 4 to Transfer Agreement No. 2021-RPLLARO5 between the City and the Los Angeles County Flood Control District to receive the SCW Regional Program funds in the amount of $346,000 originally programmed for FY 2024/25 and $346,000 originally programmed FY 25/26.
218
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby approves the Addendum No. 3 to Resolution 2021-61- CC approving Addendum No. 3 and Addendum No. 4 to Transfer Agreement No. 2021- RPLLARO5 between the City and the Los Angeles County Flood Control District attached hereto as Exhibit "A" and Exhibit "B", respectively.
SECTION 3. The City Council hereby authorizes the Mayor to execute and submit Addendum No. 3 to Resolution No. 2021-61-CC as well as Addendum No. 3 and Addendum No. 4 to Transfer Agreement No. 2021-RPLLARO5, in a form acceptable to the City Attorney.
SECTION 4. The City Coiu'icil hereby designates the Assistant City Manager/Director of Public Works or designee to execute and submit all other documents as it pertains to the Transfer Agreement No. 2021-RPLLARO5 including, but not limited to applications, payment requests, progress reports, annual reports, and monitoring reports and other documents, which may be necessary for the completion of the Urban Orchard Project.
SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 23rd day of June 2026.
CITY OF SOUTH GATE:
B7:
Joshua Barron, Mayor
ATTEST:
By:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
Raul F. Salinas, City Attorney
219
Exhibit A
Agenda Bill 06/23/26
Regional Program
Agreement (SJo.202lRPLLARO5
ADDENDUM N0. 3 TO
TRANSFER AGREEMENT N0. 2021RPLLARO5 BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
City of South Gate
SAFE, CLEAN WATER PROGRAM-REGIONAL PROGRAM
This Addendum No. 3 to TransferAgreement No. 202alRPLLARO5, hereinaffler referred to as "Addendum No. 3",isentered into as of by and between the Los Angeles County Flood Control District, hereinafflerreferred to as "District," and City of South Gate for Urban Orchard Project, hereinaffer referred to as "Recipient." WHEREAS, District and Recipient entered into Transfer Agreement No. 2021 RPLLARO5, hereinaffer referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District toRecipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/orurban runoff capture and/or reduce stormwater and/or urban runoff pollution, on N/A ; WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the 24-25 Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater InvestmentPlan (as therein defined) for a subsequent Fiscal Year, the parties shall enterinto an addendum to the Agreementregarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year; WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year 24-25:
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
L The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Codetogether with the definitions set forth in the Agreement shall applyto this Addendum No. 3.
2. TheDistrictshalldisbursetheSCWProgramContributionforthe24-25FiscalYearasdescribedintheBudget Plan within forty-five (45) days ofthe execution ofthis Addendum bythe last par§to sign.
3. AIltermsandconditionsoftheAgreementshallremaininfullforceandeffect,including,butnotlimitedtothe following provisions related to compliance with the Califomia Environmental Quality Act (CEQA).
220
Regional Program
Agreement No.2021 RPLLARO5
Execution ofAgreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non- facsimile/electronic) transmission of "original" versions of such documents.
Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowiedge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.
1 221
Regional Program
Agreement No.2021 RPLLARO5
IN WffNESS WHEREOF, this Addendum No. 3 has been executed by the parties hereto.
Lower Los Angeles River
City of South Gate
Urban Orchard Project
BY:
Name:
Title:
Date:
222
Regional Program
Agreement No.2021RPLLARO5
IN WITNESS WHEREOF, this Addendum No. 3 has been executed bythe parties hereto.
LOS ANGELES COUNTY"
FLOOD CONTROL DISTRICT:
B7:
Name: Matthew Frary
Title: Assistant Deputy Director
Date:
223
Exhibit B
Agenda Bill 06/23/26 Regional Program
Agreement lSb.2021 RPLLARO5
ADDENDUM N0. 4 TO
TRANSFER AGREEMENT N0. 2021RPLLARO5 BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
City of South Gate
SAFE, CLEAN WATER PROGRAM - REGIONAL PROGRAM
This Addendum No. 4 to Transfer Agreement No. 2021 RPLLARO5, hereinaffer referred to as "Addendum No. 4", is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of South Gate for Urban Orchard Project, hereinafter referred to as "Recipient." WHEREAS, District and Recipient entered into Transfer Agreement No. 202"l RPLLARO5, hereinafter referred to as "Agreemenf', pertaining generallyto the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on N/A ; WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the 25-26 Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enterinto an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year; WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year 25- 26:
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
1. The definitions set forthin Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall applyto this Addendum No. 4.
2. TheDistrictshalldisbursetheSCWProgramContributionforthe25-26FiscalYearasdescribedintheBudget Plan within forty-five (45) days of the execution of this Addendum bythe last party to sign.
3. All terms and conditions of the Agreement shall remain in full force and effect, including, but not limited to the following provisions related to compliance with the Califomia Environmental Quality Act (CEQA).
10 224
Regional Program
Agreement No.202lRPLLARO5
Execution of Agreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that areexecuted manually on paper and counterparts that are in the Form of electronic records and are executed electronically,whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the sameinstrument.
The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures ofauthorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda oramendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficientevidence that such original signatures have been affixed to this Agreement and any addenda or amendments theretosuch that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission of "original" versions of such documents.
Further, the District and the Recipient: (i) agree that an electronic signature of any parl may be used to authenticate thisAgreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other parl will rely on such signature as binding theparty using such signature, and (iii) hereby waive any defenses to the enforcement of the temis of this agreement basedon the foregoing forms of signature.
225
Regional Program
Agreement No.2021 RPLLARO5
IN WffNESS WHEREOF, this Addendum No. 4 has been executed by the parties hereto.
Lower Los Angeles River
City of South Gate
Urban Orchard Project
BY:
Name:
Title:
Date:
(L 226
Regional Program
Agreement No.202l RPLLARO5
IN WITNESS WHEREOF, this Addendum No. 4 has been executed by the parties hereto.
LOS ANGELES COUNTY"
FLOOD CONTROL DISTRICT:
BY:
Name: Matthew Frary
Title: AssiStant Deputy Director
Date:
i3 227
Attachment B
Agenda Bill 06/23/26
ADDENDUM N0. 2 RESOLUTION N0. 2021-61-CC
a CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, APPROVING ADDENDUM N0. 2 TO TRANSFER
AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT AND CITY OF SOUTH GATE, A(,RFFMENT NO. 2021RPLLARO5 SAFE, CLEAN WATER PROGRAM - REGIONAL
PROGRAM
WHEREAS, on November 6, 2018, Measure W, the Safe, Clean Water ("SCW") Program ballot measure, was successfully passed by the voters; WHEREAS, the SCW Program Ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; a
WHEREAS, the City of South Gate ("City") was awarded SCW Funds from the Competitive Regional program in the amount of $5,438,000 to be distributed over five years beginning FY 2021/22 to fund the construction, operation and maintenance and water quality monitoring for the Urban Orchard Project;
WHEREAS, in November 23, 2021, the City executed and submitted the Transfer Agreement between the City and the Los Angeles County Flood Control District ("Transfer Agreement"), attached hereto as Exhibit "A";
WHEREAS, in January 24, 2023, the City approved Amendment No. 1 to Resolution 2021-61-CC to Transfer Agreement No. 2021-RPLLARO5 between the City and the Los Angeles County Flood Control District ("Transfer Agreement"); WHEREAS, the Mayor is required to execute Addendum No. 2 to Resolution 2021-61- CC to Transfer Agreement No. 2021-RPLLARO5 to receive the SCW Regional Program funds for FY 23/24 funds.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference.
228
SECTION 2. The City Council hereby approves the Addenda No. 2 to Transfer Agreement No. 2021RPLLARO5 attached hereto as Exhibit "A."
SECTION 3. The City Council hereby authorizes the Mayor to execute and submit the Transfer Agreement in a form acceptable to the City Attorney.
SECTION 4. The City Council hereby designates the Assistant City Manager/Director of Public Works or designee to execute and submit all other documents as it pertains to the Transfer Agreement including, but not limited to applications, payment requests, progress reports, annual reports, and monitoring reports and other documents, which may be necessary for the completion of the Urban Orchard Project.
SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED Uhis 25'h day of June 2024.
CITY OF SOUTH GATE:
By:
Gil Hurtado, Mayor
i I
Ij
U
ATTEST:
BY:
Yodit City Clerk
(SEAL)
APPROVED AS TO FORM:
F. Salinas, City Attorney
15229
Contract No. 2021-146-CC
Amendment No. 2
Regional Program
Agreement No.2021RPLLARO5
ADDENDUM N0. 2 TO
TRANSFERAGREEMENT N0. 2021RPLLARO5 BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
City of8outh Gate
SAFE, CLEAN WATER PROGRAM - REGIONAL PROGRAM
This Addendum No. 2 to TransferAgreement No. 2021 RPLLARO5, hereinaffler referred to as "Addendum No. 2", isenteredintoasof 8/19/2024 {LACFCDUseOn/V)bvandbetweentheLosAngelesCountyFIoodControl Distrii, hereinafter referred to as "District," and Cityof South Gate for Urban Orchard Project, hereinaffler referred to as"Recipient." WHEREAS, District and Recipient entered into Transfer Agreement No. 20:21 RPLLARO5, hereinafter referred to as'Agreement", pertaining generaliyto the transfer of a SCW Program Contribution (as therein defined) from DistricttoRecipient forthe implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater am/orurban runoff capture and/or reduce stormwater and/or urban runoff pollution, on N/A ; WHEREAS, the Agreement pmvides for the disbursement of the SCW Program Contribution for the 23-24 Fiscal Year(as therein defined), am further provides that ifthe Funded Activity is included in a duly approved Stormwater InvestmentPlan (as therein defined) for a subsequent Fiscal Year, the parties shall enterinto an addendum to the Agreementregarding the disbursement of the SCW Program Contribution for Uiat subsequent Fiscal Year, WHEREAS, the Funded Activity has beenlncluded In a duly approwd Stormwater Investment P)anfor Fiscal Year 23-24; NOW, THEREFORE,in consideration ofthe promises, mutual representations, covenants and agreements inthis Agreement, the District and the Recipient, each biming itsetf, its successors and assigns, do mutually pmmise,covenant, and agree as follows:
4, ThedefinitionssetforthinSections16.03andl8.02oftheLosAngelesCountyFIoodControlDistrictCode togetherwith the definitions setfotth inthe Agreemerdshall applyto this Addendum No. 2. 2, TheDistrictshalldisbursetheSCWProgramContributionforthe23-24FiscalYearasdescribedintheBudget Plan within forty-five (45) days of the execution ofthis Addendum bythe last partyto sign.
3. AIltermsamconditionsoftheAgreementshallremaininfullforceandeffect,including,butnotlimitedtothe following pmvisions related to compliance with the Califomia Envimnmental QualityAct (CEQA):
l(J 230
Regional Program
Agreement No.2021RPLLARO5
Execuffon ofAgreement
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that areBxecuted manually on paper and counterparts that are in the form of electronic records and are executed electronically,whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the sameinstrument.
The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures ofauthorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda oramendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficientevidence that such original signatures have been affixed to this Agreement and any addenda or amendments theretosuch that the parties need notfollow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission or "original" versions of such documents.
Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the sameforce and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other partywill rely onsuch signature as binding the party using such signature, and (iii) herebywaive any defenses to the enforcement of theterms of this agreement based on the foregoing forms of signature.
L"7 231
Regional Program
Agreement No.20:JRPLLARO5
IN WffNESS WHEREOF, this Addendum No. 2 has been executed bythe parties hereto.
Attest:
Name: Yodit
Title: City C
N Raul F. Salinas
Title: Attorney
Lower Los Angeles River
City of South Gate
Name: Gil Hurtado
Title: Mayor
Datea 1-i8-'zY
232
Regional Program
Agreement No.202lRPLLARO5
IN WffNESS WHEREOF, this Addendum No. 2 has been executed bythe parties hereto.
LOS ANGELES COUNTY
FLOOD CONmOL DISmlCT:
BY:
Namb. Ouiulliiu Tl Liiiui iJpi h '!attbeW Frar)'
Title: Assistant Deputy Director
For. Mark Pestrella
Date: 8/19/2024
Page4of4
233
NO CEQA DOCUMENT PROVIDED
234
Attachment C
Agenda Bill 06/23/26
ADDENDUM NO. I RESOLUTION N0. 2021-6tl-CC
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, jJkPPRl)VINU At)DENDUM N0. 1 TO TRANSFER A€;RTh:?:M?:NT BETWEEN TmE LOS ANGELES COUNTY FLOOD CONTROL l)ISIRI(:I AND CffY OF SOUTH GATE, .1GR'f','F,MF,NT NO. 2021RPLLARO5 SAFE, CLEAN WATER PROGRAM - REGIONAL
PROGRAM
WHEREAS, on November 6, 2018, Measure W, the Safe, Clean Water ("SCW") Program ballot measure, was successfiilly passed by the voters; WHEREAS, the SCW Program Ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the puyose of fiuiding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater mid urban off pollution in the District; WHEREAS, the City of South Gate ("City") was awarded SCW Funds from the Competitive Regional program in the amount of $5,438,000 to be distributed over five years beginning FY 2021/22 to fund the constnuction, operation and maintenance and water quality momtoring for the Urban Orchard Project;
WHEREAS, in 2021, the City executed and submitted the Transfer Agreement between the City and the Los Angeles County Flood Control District ("Transfer Agreement") attached hereto as Exhibit "A"; and
WHEREAS, the Mayor is required to execute the Addendum No.l to the Transfer Agreement to receive the SCW Regional Program funds for FY 22/23 funds in the amount of $2.2 million.
NOW, THKmbuR, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA! DOES HERF,BY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby approves the Addendum No. 1 to Transfer Agreement No. 2021RPLLARO5 attached hereto as Exhibit "A."
SECTION 3. The City Council hereby authorizes the Mayor to execute and submit the Transfer Agreement in a form acceptable to the City Attorney. 235
SECTION 4. The City Council hereby designates the City Manager or his designee to execute and submit all other documents as it pertains to Addendum No. 1 to the Transfer Agreement including, but not limited to applications, payment requests, progress reports, annual reports, and monitoring reports and other documents, which may be necessary for the completion of the Urban Orchard Project.
i
SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 24'h day of January 2023.
CITY OF SOUTH GA
Maria del Pilar Avalos, Mayor
ATTEST:
B7:
APPROVED AS TO FORM:
By:
F. Salinas, City Attorney
236
Contract No. 2021-146-CC
Amendment No. I
Regional Program
Agreement No. 2021 RPLLARO5
Addendum No. 1
ADDENDUM N0. 1 TO
TRANSFER AGREEMENT N0. 2021RPLLARO5 BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
CITY OF SOUTH GATE
SAFE, CLEAN WATER PROGRAM - REGIONAL PROGRAM
This Addendum No. 1 to Transfer Agreement No. 2021 RPLLARO5, hereinafter referred to as "Addendum No. 1", is entered into as of November 21, 2022 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and City of South Gate for Urban Orchard Project, hereinafter referred to as "Recipient." WHEREAS, District and Recipient entered into Transfer Agreement No. 2021 RPLLARO5, hereinaffer referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (astherein defined)from Districtto Recipientforthe implementation by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on April 27, 2022; WHEREAS, the Agreement provides for the disbursement of the SCW Program Contribution for the 2022-23 Fiscal Year (as therein defined), and further provides that if the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fiscal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year;
WHEREAS, the Funded Activity has been included in a duly approved Stormwater Investment Plan for Fiscal Year 2022-23;
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
1. The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. 1.
2. The District shall disburse the SCW Program Contribution for the 2022-23 Fiscal Year as described in the Budget Plan within forty-five (45) days of the execution of this Addendum by the last party to sign.
3. All terms and conditions of the Agreement shall remain in full force and effect, including, but not limited to the following provisions related to compliance with the California Environmental Quality Act (CEQA):
237
Regional Program
Agreement No. 2021 RPLLARO5
Addendum No. 4
Execution of Agreement
This Agreement may be executed simultaneously or in any number of oounterparts, including both counterparts that are executed manually on paper and counterparts thatare in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute oneand the same instrument.
The District and the Recipient hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreemerit and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmisstons of such documents with subsequent (non-facsimile/electronic) transmission of "original" versions of such documents.
Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electmnic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of theterms of this agreement based on the foregoing forms of signature
238
Regional Program
Agreement No. 2021 RPLLARO5
Addendum No. 1
IN WITNESS WHEREOF, this Addendum No. 1 has been executed by the parties hereto.
ATTESTE
Yodit Glaze, Clerk
APPRO TO FORM:
Raul F. inas, City Attorney
Lower Los Angeles River:
City of South Gate
Urban Orchard Pmject
B-a';A',,4'd
Name: Maria del Pilar Avalos
Title: Mayor
Date: 025/ 2€/ 2d/2>
239
Regional Program
Agreement No. 2021 RPLLARO5
Addendum No. 1
IN WITNESS WHEREOF, this Addendum No. 1 has been executed by the parties hereto.
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
BY: ffi()Junu-t;,
Name:Carolina T Hemandez
Title: ASsistant Deputy Director
For: Mark Pestrella
Date: sl?e/mm
'2U 240
Attachment D
Agenda Bill 06/23/26
RESOLUTION N0. 2021-61-CC
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CAI,IFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, AY}Rt?VllNU A TRANSFER AGREEMENT BETWEEN THE Lag ANGELF,S COUNTY FLOOD CONTROL DISTRICT AND CITY OF SOUTH GATE, .'kCRF"F'Th"iENT N0. 2021RPLLARO5 SAFE,
CLEAN WATER PROGRAM - REGIONAL PROGRAM
WHEREAS, on November 6, 2018, Measure W, the Safe, Clean Water ("SCW") Program ballot measure, was successfiilly passed by the voters; WHEREAS, the SCW Program Ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; i
WHEREAS, the City of South Gate ("City") was awarded SCW Funds from the Competitive Regional program in the amount of $5,438,000 to be distributed over five years beginning FY 2021/22 to fund the construction, operation and maintenance and water quality monitoring for the Urban Orchard Project;
WHEREAS, to receive the SCW Program funds, the City is required to execute and submit the Transfer Agreement between the City and the Los Angeles County Flood Control District ("Transfer Agreement"), attached hereto as Exhibit "A"; and WHEREAS, the Mayor must execute the Transfer Agreement to receive the SCW Regional Program funds.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference.
SECTION 2. The City Council hereby approves the Transfer Agreement attached hereto as Exhibit "A."
e
SECTION 3. The City Council hereby authorizes the Mayor to execute and submit the Transfer Agreement in a form acceptable to the City Attomey.
Page l of 2
241
SECTION 4. The City Council hereby designates the Assistant City Manager/Director of Public Works or designee to execute and submit all other documents as it pertains to the Transfer Agreement including, but not limited to applications, payment requests, progress reports, annual reports, and monitoring reports and other documents, which may be necessary for the completion of the Urban Orchard Project.
i
SECIION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 23rd day of November 2021.
CITY OF SOUTH GATE:
@-
By: l
Al Rios, Mayor
ATTEST:
Carmen Avalos, City
(SEAL)
APPROVED AS TO FORM:
B7:
F. Salinas, City Attomey
242
Contract No. 2021-146-CC
Reglona) ProOram%reement No. 2021RPlLAR%
TRANSFER AGREEMENT BETWEEN
THE LO8 ANGELE8 COUNTY FLOOD CONTROL DISTRICT
AND
CITY OF SOUTH GATE
AGREEMENT N0, 2021RPLLARO6
SAFE, CLEAN WATER PROGRAM - REGIONAL PROGRAM
This Transfer Agreement, hereinafter referred to as "Agreement," is entered into as ofOctober 20, 2021 by and between the Los Angeles County Flood Control District,herelnafter referred to as '[)istrict," and Cit'y of South Gate for Urban Orchard Project,hereinafter referred to as "Recipient." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW)Program ordinancs (Chapter l6.of the Los Angeles County Flood Control Dlstrict Code)and the SCW Program Implementation Ordinance (Chapter 18 ofthe LosAngeles CountyFfood Control District Code), administers the SCW Program for the purpose of fundtngProjects and Programs to increase stormwater and urban runoff capture and reducestormwater and urban runoff potlution in the District; WHEREAS, Reapient proposes to implement a Funded Activity (as hereafter defined)thatis eligibleforfundingunderthe SCW Program; WHEREAS, the Funded ActivRy is included in a 8tormwater )nvestment Plan (SIP) thathas been approved by the County of Los Angeles Board of Supervisors; WHEREAS, the Board approved a standard template Agreement as required by and inaccordance with Section 18.09 ofthe Los Angefes County Flood Control District Code; NQW, THEREFORE, in considerat(on of the promises, mutual representations,covenants and agreements in this Agreement, the Districtand the Recipient, each bindingitself, its successors and assigns, do mutually promise, covenant, and aqree as follows:
DEFfNJTIONS
The definltioris set forth in Sections 16,03 and 18.02 of the Los Angelss County FloodControl DiatrictCode shal! apply to tl"iisAgreement. !n addition, thefollowing definitions shal[a(so appfy:
"Activity Completion' means that the Funded Activity is complete to the reasonablesatisfactionofthe [)tstrictbased on reviewofreportsand otherdocumentation asdeemedappropriate by the District. lf the Funded Activity is an Infrastructure Program Project onDistrict Right-of-Way a separate use and maintenance agreement is required. "Activity Costs" means the total costs necessary to achieve Activity Cornpletion, ThaActivity Costs for the Funded Activity are described in Exhibit A. "Agreement" means this TransferAgreement, includlng an exhibits and attachments hereto,
25i 243
Regional F'rogrim
Agreement No. 2D21RPLLARO6
"Budget Plan" means a Reclpierit's plan for funding Activtty.Completion, including adescription of all sources of funds for Activity Costs and a description of how the SCWProgram Contribution will be allocated among the tasks identified in the Scope of Workwlthin each ffscai year, Recipient's Budget Plan is described in Exhibit A. "Days" means calendar days unless othevwise expressly indicated. "Fiscal Year" means the period oftwelve (12) months terminating on June 30 of any year. "Funded Activity" means the Infrastructure Program Projed, orScientific Studydescribedin Exhibit A - Scope of Work, including the Stakeholder and Community Ou'hach PJangnd all other tasks and activities described in Exhibit A. "Safe Clean Water (SCl/V) Program Contributmn" means the portion ofthe Activity Coststo be paid for with Regiona Program funds provided by the DlstrJct from the SCWProgram as described in the Budget Plan. "Year' means mlendar year unless otherwise expressly indicated, II. PARTYCONTACTS
The District and the Recipient designate the following individuals as the primary points Thcontact and communication regarding the Funded Acflvity and the administration andimplementation of this Agreement, Log Angeles County Flood Control District Recipient:Name: CJ Caluag Name: Gladis Deras ' Address: 11th Floor, Pa Box 1460,
Alhambra, CA 91802-'1460
Address: 8650 California Ave., South
Gate, CA 90280-F'hone: (826) 458-4037 Phone: 323-562-9576Email: [email protected] Emai(: [email protected] Either party to this Agreement may change the individual identified above by providingwritten notice of the change to the other party.
III, EXHIBff8 INCORPDRATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplementshereto, are hereby incorporated herein and madea partofthisAgreement:EXHIBIT A - SCOPE OF WORK
EXHJBIT B - GENERAL TERMS AND COND)TIONS
EXHIBIT C - SPECIAL CONDITIONS
EXHIBIT D - ADDENDUM TO AGREEMENT
EXHIBIT E - NATURE-BA8ED 80LUT10NS (Best Management Pradices) Pags2of:!IT
}O 244
Regkthal Program
Agreemen(No. 2021RPLLARD5
EXHIBIT F - OPERATIONS AND MAINTENANCE GUiDANCE DCX,UMENT
IV, ACTMTY COMPLETION
A, The Recipient shall implement and complete the Funded Activity in accordancewith the work schedule described in Exhibit A, B, TheReThpientshallcomp)ywiththetermsandconditionsinExhibJtsA,B,C,D,E, and F 'of this Agreement, and all applicable provisions of Chapters 16 and 18 ofthe Code.
C, The Recipient shal fulfill all assuranm, decfarations, representations, andcommitments made by the Recipient in its application for SCW ProgramContributions, accompanying documents, and mmmunicaflons filed in support ofits applimtion for SCW Program Contributions.
V. 8CW PROGRAM FuNDING FOR FUNDED ACTMTY
A. TheDistrictshalldisbursetheSCWProgramContributionforthe2021-2022Fisca) Year as described in the corresponding approved Stormwater Investment Plan(81P) wnhin 4!5-days of the execution of this Agreement by the last party to sign.
B, If the Funded Activity is included in a duly approved S[P For a subsequent FiscalYear, the parties shall enter into an addendum to this Agreement, in the formattached as Exhibit D, regardinp the disbursement of the 8CW ProgramContribution for that subsequent Fiscal Year. The Recipient express)yacknowledges and agrees that the District is not obiigated to disburse any SCWProgram Contributions to Recipientfor any Fiscal Year beyond the 202'l-22 FiscalYear unless the Funded ActivJty is inc(uded in a duly approved SIP for asubsequent Fiscal Year, the Recipient has complied with the provisions related tothe Califomia Environmental Quality Act in ExhJbit C, and the parties have dulyexecuted an addendum to this Agreeirientforthat Fiscal Year.
C, Notwithstanding any other provision of this Agreement, no disbt,irsement shall bemade at any time or in any manner that is in vlolation of or in conflict with federal,state, County laws, pollcies, or regulations.
D, All disbursements shall be subject to and be made in accordance with the termsand conditions in thisAgraement and Chapters 16 and 18 of the Code, E, The Recipient shall submit the scope of work described iri Exhibit A 45-days afferreceipt ofthisAgreemsnt. (fthe Funded Activity is included in a duly approved SIPfor a subsequent Fisca( Year, subsequent Exhibit A - Scope of Work will berequired 45-days after receipt of the addendum to this Agreement.
Pace 3 0f37
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Reglarml Progrsm
Hreernent No. 202'lRPLLARO6
Vl. Executlon of Agreement
This Agreement may be executed simultaneously or in any number of counterparts,including both counterparts that are executed manually on paper and counterparts Thatare in the form of electronic records and are executed electronicalty, whether digital orencrypted, each of which shall be deemed an original and together shall constitute oneand the same instrument, The District and the Recipient hereby agree to regard facsimile/elearonic representationsof original signatures dt authorized officers of each party, when appearing in appropriateplaces on this Agreement and on any addenda or amendments thereto, delivered or sentvia facsimile gr electronic mail or other e)ectronic means, as legally sufficient evidencethat such original signatures have been affixed to this Agreement and any addenda oramendments thereto such that the parties need not follow up facsimile/electronk,transmissions of such documents with subsequent (non-famimlle/e)ectronic)transmission of"original" versions ofsuch documents. a Further, the District and the Recipient: (i) agree that an electronic signature of any partymay be used to authentimte this Agreement 6rany adderida or amendment thereto, aridif used, will have the same force and effect as a manual signature; (ii) acknowledge thatIfan electronic signature is used, the other party will relyon such signature as binding theparty using such signature, and (iii) hereby waive any defenses to the enforcement oftheterms of this agreement based on the foregoing forms of signature.
PaOe 4 of 37
246
Reigional Program
Agreement No. 2021RPLLARO5
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
Lower Los Anqeles River
City of South Gate
Urban Orchard Project r
B7:
Name:
Title:
Date: Of-/1 -2o22,
3,3247
ADDITIONAL SIGNATORY PAGE FOR
TRAJNSFER AGREEMENT N0, 2021RPLLARO5
BETWEEN
THE CITY OF SOUTH GATE
AND
LOS ANGELES FLOOD CONTROL DISTRICT
IN WITNESS WHF,REOF, the Parties hereto liave caused tliis Agreement to be executed and attested by their respective officers thereunto duly autliorized. cxryopsotrrnchm'
By,l!
AI Rios, Mayor
Dated:
ATTESTED:
By: C
Carinen Avalos, City C
(SEAL)
APPROVED AS TO FORM:
cil F. Salinas, City Attorney
LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT:
B:Y:
Naine:
Title:
Dated:
3'%248
Reglonal Program
AgreementNo. 202"lRPLLAR[!5
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto,
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
rolina T
Title: Assistant Deputy Director
Date: '-(/zl/2o:zx
Psgs 6 of 37
249
Regloml Program
Agreement No, 202jRPLLARD5
EXHIBIT A - SCOPE OF WORK
A-1. Budget Plan
The Recipient shall submit a detai(ed Budqet Plan for all eligible expenditures for al) phases and taskslncluded in the work schedule forthe Funded Activity. The Recipient sha)l include a summary of leveraged funds and In-kind services forthe Funded Activity.
F-or a Funded'Activity thatwi(J be performed over more than one Fisml Year, the Budget Plan must clearly identify the amount of E3C:W Program Contribution for each Fiscal Year,
A-2, Consistent with SCW Program Goals
By signing this Agreement, the Recipient shall provide certffication that the Biidget Plan is consistent with SCW Program Goals as described in Chapter 18.04 of the Code, The t3ecipient shall include a summary of how the identifled SCW Program Goals ane expected to be achieved through the Funded Activity, includinp quantitative targets and corresponding metrics for subsequent reporting of all applicable parameterei, A-3. Estimated Reasonable Total Activity Cost
The Recipient shall submit a detailed estimate total Activny Costfor all phases and tasks included in the work schedule for the Funded Activity.
A-4. Funded Activity Description and Scope of Work
The Recipient shall provlde a general description of the Funded Activity and a detailed scope of work, The scope of work may include:
1. Project Management; includlng required reporting
2. General Compliance Requirements/Pmject Effectiveness and Performance
3. PermitUng and Erivironmental Compliance
4, Planning, Design, and E:nginesring
5. StakeholderandCommunityOutreach/EngagemenlActivities 6, RightofWayAcquisltlon
7. Construction and Implementation
8. Operation and Maintenance
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AgraementNo. 2021RP1LARD5
A-5. Operations and Maintenance (O&M) Plan
Where the Funded AcUvity is an Infrastructure Program Project, the Recipient shall submit a plan describing the activities that are expected to be necessary to perform O&M for the Infrastructure Program Project to ensure it remains in good working order throughout the useil life of the InFrastructure Program Project using 8CW Program Contributions, The O&M plan shall address the activitles described in Exhitit F to the greatest extentfeasible and in as much detai) as possible based on the completeness of the Project destgn and construction. The Recipient shall update the O&M plan In oon.neilon with each Adderida until completion of the Infrastructure Program Project and the submittal of a finaJ O&M p)an.
The Recipient shall specifically identify the entity that will be performing the O&M for the lifetime of the Project, If this is not the Recipient, the Recipient shall submit a letter of commitment from the entity that will be performing the O&M (See Exhibit F, for example activities), The letter of commitment shatl include details demonstrating how the provider is qualified and capable of pmviding the necessary ongoing O&M services.
The Recipient may efect to request the local MunrcipalJty or District to provide O&M for the usdul life of the Infrastructure Program Project using 8€;W Program Contributions, If the Recipient does not elect to seek the District's services or if the District is unable to provide the services as requested, the Recipientshall include in the letter of commitment reference to the above details demonstrating how the provider is qualified and capable of providing the necessary ongoing O&M services,
A-6. Post-Construction Monitoring
Where the Funded Activity is an Infrastructure Pro@ram Project, stormwater quality rrioriitortng data shalt be collected and repofed in a manner consistent with the SWRCB datffbase, the CEDEN for a period of three years. The Recipient shall submit a post- construction monitoring plan when the design phase is complete. The post-construction monitoring plan will evaluate the effectiveness of stormwater treatment facifities and include the project description; quality objectives; sampling design; sampling procedures; quality control; data management verification, and reporting; data qua!ity assessment; and data analysis procedures.
A-7, Sustainability Rating
Where the Funded Activity is an Infrastructure Program Projem that has applied for lnstituteforSuatainablelnfrastructure (181) verific:ation, the Recipientshall submitthefinal score and Envision award level.
A-8. Stakeholder and Community Outreach/Engagement Plan The Recipient shall submit a Stakeholder and Community Outreach/Engagement Plan for Infrastructure 'Pmgram Projects and include a discussin of how loca) NGOs or CBOs will be involved, if applicable, and if not, why, Additional outreach/engagement Pa(;leBof37
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activifles, even iffunded by other sources, should be referenced to provide an overview of anticipated overall project approach. The plan shall, at a minimum include:
1, Community outreach activities to provide information to residents and information about upcoming meetings or other engagement activity event is scheduled.
Outreach methods used should be appropriate in sale and typeto the community being served, Outreach methods include but are not limited to: On(ine Media Outreach (email blasts, social media, publication on a webslte) Local Media Outreach (newsletters, local and regional newspapers, and local radio and television) and/or Grassroots Outreach (door-to-door canvassing, phone banking, surveysandfocusqroups, anddistribution offlyers orotherprinted materials). ThB District will support outreach efforts through web-based platforms If requested at least four weeks prior to the requested publish date. The Distrk,t shoiild be included in all social media outreach and notified of al) meetings and other engagement eivents.
2, Community engagement activities solicit, address and seekinput from community members for Ftmded Activities. These events may occur as part of any public meeting with mu1tiple agenda items such as council, commission or committee meetings where public input is invited; or at festivals, fairs, or open houses where a table or booth may be set up.
3. Stakeholder and Community Outreach/Engagement Plan requirements:
Stakeholder and Community Outreach/Engagement Plan activities should occur at the onset of the project, during the design phase, and during construction Infrastructure Program
Project Funds
Required Activity I Required Activity 2
Up to $2 M Outreach or Engagement
Up to $10 M Outreach :al Engagement
Over $IO M Outreach :a 2 Engagements
4. If the Funded Activity is for the O&M of an lnfrastructure Program Project Stakeholder and Community Outreach/Engagement Plan activities should occur biennially to remind communities of the 8CW Program Contribution
5. Adivities and measures to mitigate against displacement and gentrification. This includes, as applicable, an acknowledgment that the Funded Ar,tivity will be fully subject to and comply with any County-wide displacement policies as well as with any specific anti-displacement requirements associated with other funding sources.
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A-9. Tracking Infrastrudure Program Projed Benefits The Recipient shall submit an overview of the benefits achieved upon the Activity Completion.. SOW shall include quantitative targets and corresponding metrics for subsequent reporting of alf applicable parameters,
A-10. Work 8chedule and Completion Date
The Recipient shall submit a detailed schedu)e, including start and completion dates for all phases and tasks of the scope of work for the Funded ActMty. For Funded Activities that will be performed over more than one Fiscal Year, the work schedule must dearly identify the phases and tasks thatwill be performed in each Fiscal Year, Pa(la 10 of37
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EXHIBIT B - GENERAL TERMS AND CONDITIONS
B-I. Accounting and Deposit of Funding Disbursement
1, SCWProgramCoritrfbutlonsdistributedtotheRecipientshallbeheldinaseparate interest-bearing account and shall not be combined with other funds. Interestearned from each account shall be used by the Recipient only for eligibleexpenditures consistentwith the requirements of the SCW Program.
2. The Recipient shall not be entitled to interest eamed on undisbursed SCWProgram ContribuUons; interest earned prior to disbursement is property of theDistrict.
3. The Recipient shall operate in acordance with Generally Accepted AccountingPrinciples (GAAP). 4, The Recipient shal( be strictly accountable for all funds, receipts, anddisbursements related to all SCW Program Contributions made to the Rempient.
B-2. Acknowledgement of Credit and Signage
The Recipient shall include appropriate acknowledgement of credit to the District for itssupport when promoting the Funded Activity or ustng any data and/or inf6rmationdeveloped under this Agreement. When the Funded Activity involves the constructionphase of an Infrastructure Program Project, signage shall be posted in a prominentlocation at Project site(s) or at the Recipients headquarters and shall include the Safe, Clean Water Program color logo and the following disdosure statemsnt: "Fundirig for thisproject has been provided in full or in part from the Los Angeles County Flood ControlDistrict's Safe, Clean Water Program." At a miriimum the sign sh'all be 2' x 3' in size, TheRecipient shall also include in each of its oontracts for work under this Agreement aprovision that incorporates the requirements stated within this paragraph.
When the Funded Activity involves a scientific study, the ReThpient shall indude thefollowing statement in the study report: "Fuiiding for this study has been provided in fullor in part from the Los Angeles County Flood Control District's Safe, Clean WaterProgram." The Recipient shall also include in each of its contracts for work under thisAgreernerit a pmvision that incorporates the requirements stated within this paragraph.
B-3, Acquisfflion of Real Property - Coveriant
Any real property acquired In whole or in part with SCW Program funds shall be used forProjects and Programs that are consistent with the SCW Program Goals and with theprovisions of Chapter 16 and 18 of the Code, Any Recipient that acquires the fee Utfe to real property using, in whole or in part, SCWProgram funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the Pagei ll of37
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prior express written consent of the Distrim, which consent shall not be unreasonablywithheld.
B-4. Amendment
Exceptas provided in Section II oftheAgreement, rioamendmentorvariation ofthetermsof this Agreement shall be valid unless made in writing and signed by the parties. No oralor written understanding or agreement not incorporated in this Agreern@nt is binding OTI any of the parties.
B-5, Assignment
The Recipient wil) not assign this Agreement without the priorconsent of the District, B-8. Audit and Recordkeeping
1. TheRecipientshaliretainforapertodofseven(7)yearsafterActivityCompletion, all records necessary in accordance with Generally Accepted Acoounting Principles to determine the amounts expended, and e)igibillty of Pmjectsimplemented uslng SCW Program Contributions, The Recipient, upon demand byauthorized representatives of the District, shall make such reoords available for examination and review or audit by the District or its authorized representatives, Records shall Include acmunting reoords, written policies and pmcedures, contract files, original estimates, correspondence, change order files, including documentation.mvering neg5tlated settlements, invoices, and any othersupporting evidence deemed necessary to substantiate charges related to SCWProgram Contributions and expenditures.
2. The Recipient is responsible for obtaining an independent audit to determineFunded Activity compliance with the terms and conditions of this Agreement and all requirements applimble to the Recipientcontained in chapters '1-6 and 18 oftheCode promptly upon Activity Completion. For a Funded Activity that will be performed over the course of a period exceeding tl*ree years, the District may also perform an interim independent audit every three (3) years until ActivJCompfetion. Audits shall be funded with Regional Program funds. 3, Recipient shall file a oopy of the Activity Completion audit report with the District by tl*e end of the ninth (9") moi'ith from Activity Completion. Recipient shall file acopy of all interim audit reports by the ninth (9") month from theend of each three(3) year period. Audit reports shall be posted on the Dlstrk,t's pub(icly accessible welsite.
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ia a*ii End-cMctMty _ Every 'T'hlra Fist:al YearProjected Audit Report _SP " Audit Period Audit Reoort . Due to District F__t-scal Due to Diet-riffit
Ye@,r
1/15/2023 No later than
10/31/2023
202"i-22 7/1/202'1 to
6/30/2024
No later than
3/3'l/2025
4. Uponreasonableadvancedrequest,theRecipientshallpermlttheChiefE:ngineer, at the Distrk,t's cost and expense, to examine the Funded Activlty. The Recipientshall permittheauthorized District representative,including theAuditor-Controller, at the pistrict's cost and expense, to examine, review, audit, and transcribe any and all audit reports, other reports, books, atx,ounts, papers, maps, and otherrecords that relate to the Funded Activity.
5. ExpendituresdeterminedbyanaudittobelnviolauonofanyprovisionofChapters 16 or 18 of the Code, or of this Agreement, shal( be subject to the enforcementand remedy provisions of Section 18,14 of the Code, If at any time the Funded Activity cannot fulfill the provisions outlined in Exhibit A, theaccounts and books of the Recipient may be reviewed or audited by the District.' B-7. Availabiiity of Funds
District's obligation to disburse the 8CW Program Contribution is contingent upon theavailabilityofsuffJcientfundstopermitthe disbursementspmvidedforherein.lTsufficient funds are not available for any reason including, but not (imited to, failure to fundallocatioris riecessary for disbursement of the SCW Program Contribution, the Districtshall not be obligated to make any disbursements to the Recipient under this,Agreement.This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall beconstrued to provide the Recipient with a right of priority for disbursement over any otherrecipient. If any disbursements due the Recipient under this Agreement are dererredbecause sufficient funds are unavailable, it is the intention of the District that suchdisbursement will u made to the Recipient when sufficient funds do become availab)e, but this intenfion is not binding. If this Agreement's funding for any fiscal year is reducedor deleted by order ol the Board, the District shalJ have the option to either canceal thisAgreementwith no liability occurring to the Districtorofferan amendmentto the Recipieritto reflect the reduced amount.
1. The Recipient will not seek disbursement of any ActivJty Costs that will bedisbursed or reimbursed from other funding sources.
2. The Recipient agrees that it will not request a disbursement unless that cost isallowabJs, reasonable, and altocable.
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B-8. Choice of Law
The laws of the State or California govern this Agreement.
B-9. Claims
Any claim of the Recipient is limited to the rights, remedies, and claims proceduresprovided to the Recipient under this Agreement, Recipient expenditures of a SCWProgram Contribution that involves the District shall utilize a separate and specificagreement to that Project that includes appropriate indemnification superseding that inthis Agreement.
B-10. Completion of Funded Activity by the Recipient The Recipient agrees to pay any and all Activity Costs in excess of the SCW ProgramContribution necessary for Activity Completion. The Recipient expressly acknowledgesand agrees that if the SCW Program Contribution is not sufficient to pay the Activity Costsin full, the Recipient shall nonetheless complete the Funded Activity and pay that portionofthe Activity Costs in excess ofthe SCW Program Contribution, subject to the provisionsof Exhibit C, as applicable.
B-1 1. Compliance with Law, Regulations, etc.
The Recipient shall, at all times, comply with and require its contractors andsubcontractors to comply with all applicable County, state and federal laws, rules,guidelines, regulations, and requirements. Without limitation of the foregoing, theRecipient agrees that, to the extent applicable, the Recipient shall comply with the Code, B-12. Competitive Bidding and Procurements
The Recipient's contracts with other entities for the acquisition of goods and services andconstruction of publicworks with SCW Program Contributions must be in writing and shallcomply with all applicable laws and regulations regarding the securing of competitive bidsand undertaking competitive negotiations, If the Recipient does not have a written policyto award contracts through a competitive bidding or sole source process, the StateContracting Manual rules must be followed and are available at:https://www.dqs.ca.qov/OLS/Resources/Paqe-Content/Office-of-Leqal-Services- Resources-List-Folder/State-Contractinq#@ViewBaq.JumpTo B-13. ContinuousUseofFundedActivity;LeaseorDisposalofFundedActivity Where the Funded Activity involves an Infrastructure Program Project, the Recipient shallnot abandon, substantially discontinue use of, lease, or dispose of all or a significant partor portion of the Funded Activity during the useful life of 30 years of the Funded Activitywithout prior written approval of the District. Such approval may be conditioned asdetermined to be appropriate by the District, including a condition requiring repayment ofpro rata amount of all disbursed SCW Program Contributions together with interest on
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said amount accruing from the date of abandonment, substantial discontinuanoe, leaseor dispoml of the Project.
B-14. DefaultProvisions
The Recipient will be in default underthJs Agreement under any of the followingcircumstances:
1, TheRecipienthasmadeormakesanyfalsewarranty,representation,or statement with respectto this Agreement, any addendum or the applicationfiled to obtain this Agreement;
2. The Recipient material(y breaches this Agreement or any addendum,including but not limited to:
a, Fails to operate or maintain Project in accordance with this Agreement; b. Fails to submit timely Quarterly Progress/Expenditure Reports. c, Fails to remain in Good Standing (see Sedion B-34, below). d. The Recipient falls to maintain reasonable progress toward 8CWProgram Goals as described in Sedion 18.04 oTthe Code, following anopportunity to cure. e. The Recipient fails to malntaln reasonable progress towam ProjectCompletion. f, Use of SCW Program Contributions for ineligible expenses end/or activities not consistent with the Agreement.
g, Inappropriate use of SCW Program Comributions, as deemed by theDistrk,t Should an event of defauit occur, the District shall provide a notice of default to the Recipient and sha!l give the Recipient at least ten calendardays or such longer period as the District, in its reasonable discretion, may authorize, to cure the default from the ' date the notice is sent via first-class mail to the Recipient, Ifthe Recipientfails to cure the default within the time prescribed by the Distrid, the District may do any of thefol[owing:
1. Declare the SCW Pmgram Contribution be immediately repaid, with interest, which shall be equal to the State of California general obligation bond Interest rate in effect at the time of the defoult.
2. Terminate any obligation to make future payments to the Re6pient.
3. Terminate the Agreement.
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4. Take any other aThon that it deems necessary to protect its interests.
The RecJpient shall not be in default under this Agreement as a resu(t of any breach ofthis Agreement by the Recipient that is the direct result of the Districfs failure to make aSCW Program Contribution for any Fiscal Year. Under these circumstances the Districtmay, in its reasonable discretion, terminate th(s Agreement by provid)ng the Recipientwith a written notice o'f termination. Ifthis Agreement is terminated pursuant to thisparagraph, the parties sha)l thereafter have no further obligations to each other inconnection with the Funded Adivlty except that the Recipient's indemnificationobligations shall survive the termination of this Agreement and continue in ful! force andeffect, B'l5. Disputes
Should a dispute arlse between the parties, the party asserting the dispute will notify theother parties in writing of the dispute. The parties will then meet and oonfer within 21calendar days of the notice in a good faith attempt to resolve the dispute.
If the matter has not been resolved through the promss set forth in the precedingparagraph, any partyo rriay initiate mediation of the dispute. Mediation will be before aretired judge or mediaUon service mutually agreeable to the parties. All costs of themediation, irtcluding mediator fees, will be paid one-haff by the District and one-half bythe Recipient, SCW Program Contributions shall not be used to pay for any costs of themediation.
The parties will attemptto resolve any dispute through the process setforth above beforefiling any action relating to the dispute in any court of law.
B-16. Final Inspection and Certification of Registered Professional \/Vhere the Funded Actlvity Is an Infrastructure Program Project, upon completion of the'design phase and before construction, the Recipient shall provide certification by aCalifornia Registered Professional (i.e., Profsssional Civil Engineer, EngineeringGeologist) that the design has been completed.
Where the Funded Activity is an Infrastructure Program Project, upon completion of theProjec% the Recipient shall provide for a final inspection and certification by a CaliforniaRegistered Professional (i.e., Professional Civil Enginesr, Engineering Geologist), thattt)e Project has been completed in acoordance wlth submitted final plans andspecifications and any modi&,ations thereto and in accordance with this Agreement.
B-17. Force Majeure,
In the event that Recipient is delayed or hindered from the performance ofany actrequlred hereunder by reason oT strikes, lockouts, labor troubles, inability to procurematerials not related to the price thereof, rlots, insurrection, war, or other reasons of alike nature beyond the control of the Recipient, then performance of such acts shall be Pa@effiof37
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excused for the period of tt"ie de)ay, and the period forthe performance of any such actshall be extended for a period equivalent to the period of such delay.
B-18. FundedAiivityAxess
When the Funded Activity involves an (nfrastructure Program Projectthe Recipient shall,upon receipt of reasonable advance notice from the District, ensure that the District orany authorized representative of the foregoing, will have safe and suitable access to thesite of the Funded Activity at all reasoneb!e times through Actlvity Completion, B-19. FundlngConsiderationsandExdusions
1. All expenditures of the 8CW Program Contribution by Recipient must comply withthe provisions of Chapters 16 and 18 of the Code, including but not limited to theprovisions regarding eligible expenditures contained in Section i6.05.A,2 and theprovision regarding ineligible expenditures contained in Section 16,05,A,3.
2. SCW Pmgram Conjributions shatl not be used in connedion with any' FundedActivity implemetited as an Erthanced Compliance Ailon ("ECA") and/or Supplemental Environmental Project ("SEP') as defined by State WaterResources Control Board Offloe of Enforcement written policies, or any otherFunded Aiivi €y implemented pursuant to the settlement ofan entorcement actionor to, offset monetary penalties imposed by tlie State Water Resources ControlBoard, a Regional Water Quality Contml Board, or any other regulatory authority;provided,. however, that SCW funds may be used for a Funded Activityimplemented pursuant to a time scheduleorder("TSO") issued bythe Los Angeles Regioryal Water Quality Control Board if, at the time the TSO was issued, the Funded Activity was included in an approvedwatershed management program (including enhanced watershed management programs) developed pursuant tothe MS4 Permit.
Recipient certifies that: (a) the Funded Activity is not being implemented as an ECA or SEP; (b) ttte Funded Activity is not being implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Boam, a Regional Water Quality ControlBoard, or any other rsgulatory authority; and ((:) the Funded Activity is not being implemented pursuant to a TSO issued by the LosAnge)es Regional Water QualityControl Board unless, at the time the TSO was issued, the Funded Activity was included In an approved watershed management pmgrarn (inc(uding enhancedwatershed management programs) devekiped pursuant to the MS4 Permit.
B-20. [ndemnification
The Recipient shall indemnify, defend and hold harmless the District and their electedand appointed officers, agents, and employees from arid against any and all liability andexpensearising from anyactoromlssin ofthe Recipient,itsofficers, employees, agents,or subconsultants or contractors in conjunction witl'i Recipmnt's performance under orpursuant to this Agreement, inc!uding defense costs, legal fees, claims, actions, and P8Qe IT arm
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causes of action fordamages ofany nature whatsoever, induding but not limited to bodilyinjury, death, personal injury, or property damage.
B-2'l. Independent Actor
The Recipient, and its agents and emp)oyees, if any, in the performance of thisAgreement, shall actln an Independent capacity and notasofficers, employees, oragentsof the District.
The Re6pient shall not contract work with a oontractor who is in a period of debarmentfrom any agency within the District. (LACC Chapter 2.202) B-22, Integration
This is an integrated Agreement, Thls Agreement is intended to be a full arid oompletestatement of the terms of the agreement between the District and Recipient, andexpressly supersedes any and all prior oral or written agreements, oovenants,representations and warranties, express or implied, concerning the subject matter of thisAgreement, B-23. Lapsed Funds
'1. The Recipient shall be able to carry over uncommitied Spe6al Parcel Tax funds for up to five (5) years from the end of the fiscal year in which those funds aretransferred from the District to the Recipient.
2. [f the Recipient is unable to expend the SCW Program Contribution within five (5) years from the end ofthe Fiscal Year in which thosefunds are transferred from thepistrict to the Recipient, then lapsed funding procedures will apply, Lapsed funds are funds that were transferred to the Recipient but were not committed to eligible expenditures by the end of the fifth (5th) fisml year after the fiscal year in whichthose funds were transferred from the District,
3. LapsedfundsshallbeallocatedbytheWatershedAreaSteeringCommitteeofthe respective Watershed Area to a new Project wJth benefit to that Muniapality orWatershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Recipient'scontrol, then the Recipient may request an extension of up to twelve (12) monthsin which to commit the funds to eligible experiditures. Extension Requests mustcontain sufficient justification and be submitted to the District In wrlting no 1aterthan three (3) months bdore the funds are to lapse.
6. The decision to grant an extension is at the sole discretion of the District. 6, Funds still uncommitted to eligible expenditures after an extension is granted willbe subject to lapsed funding procedures without exception.
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7, Example:
Fisqal Year Funds lapse Extenaion Commit By
[email protected];y.yq4- After - 33equest Due
2021-22 - 6/30/2027 No later than
3/3'l/2027
No later than
6/30/2028
B-24. Modffimtion
This Agreement may be arnerided ormodified only by mutual written consentofthe Boardand Recipient, B-25. Non-Discrimination
The Recipient agrees to abide by al) federal, state, and County laws, regu(attons, andpolicies regarding non-discrimination in employmentand equel employmentopportunlty, B-26, No Obligation of the District
The Distrk,t will transfer the SCW Program Contribution to the Re6pient for the funding of the Funded AThvity, The District will have no further obligation, other than to transferthe funds, with respect to the Funded Activity itseff.
B-27. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, anythird partyas a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertakingestablished herein B-28, Notice
1. The Recipient shall notify the District in wrlting within five (5) working days of theoccurrence of the following:
a. Bankruptcy,Insolvency,reoeivershiporsimilareventoftheRecipient;or b, Actions taken pursuant to State law in anti6pation of filing for bankruptcy,
2. The Recipient shall notify the [)istrict within ten (10) working days of any litigatton pending or threatened against the Recipient regarding its continued existence, consideration of dissolution, or disincorporation,
3. The Recipient shall notify the District pmmptly of the following:
a. A!1:Y significant deviation from in the submitted scope of the Funded Activity forthe current Fiscal Year, includirig discussion ofany major changes to the scope of the Funded Activity, noteworthy delays in Implementation, anticipated Pg(lel9of37
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rediiction in benefits, and/or modifications that change the SCW ProgramGoals intended to be accomplished by the Furided Activity-. Under no circumstances may the Recipient make changes to the scope of the FundedActivity without receiving prior appmval, b. Cessation of work on the Funded Activity where such cessatiori of work isexpected to or does extend for a period of thirty (30) days or more; c. Any circumstance, combination of circumstances, or condition, wt*,h is expet,ted to or does delay Activity Completion;
d. €ismvery of any potential archaeological or historical resource. Should apotential archaeological or historical resource be discovered during oonstruction, the Recipient agrees that all work in the area ofthe find wiH cease until a -qualified archaeologlst has evaluated the situation and maderecommendations regarding preservafion ofthe resource. 1/Vhen the District is acting as the Lead Agency underCEQAfort5e Funded Activity, all work in thearea of the find will remain suspended until the Distriffl has determined whatactions should be taken to protei and preserve the resourz and the Recipientagrees to implement appropriate actionsas directed by the District; e. Any public or media event publicizing the accomplishments and/or results ofthis Agreement and provide the opportunityfor attendance and participation 5yDistrict representatives with at least fourteen (14) days' notice to the Distrk,t; f. Activity completion.
B-29, Public Reoords
The Recipient acknowiedges that, except for a subset of information regardingarchaeological records, the Funded Activity records and locations are publk, recordsincluding,' but not limited to, all of the submissions accompanying the application, all ofthe documents incorporated by reference into this Agreement, and all reports,disbursement requests, and supporting documentatron submitted hereunder.
B-30, Recipient's Responsibility for Work
The Recipient shall be responsible for all work and for persons or entities engaged inwork performed pursuant to this Agreement including, but not limited to, mntractors, subbuiitiaactors, suppliers, and providers of services. The Recipient shall be responsiblefor responding to any and all disputea arising out of its contracts forwork on the Project.The District will not mediate disputes between the Recipient and any other entityconcerning responsibilityfor performance ofwork.
B-31. Refated Litigation
The Recipient is prohibited from using the SCW Program Contribution to pay costsassociated with any litigation described In 8eiion 16.05.A.3. of the Code, Regardless of
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whetherthe Projectorany eventual related projectisthe subject of (It(gation, the Recipientagrees to complete the Projectfunded bythe Agreement orto repay all the SCW PmgramContribution plus interest to the District, B-32, Remaining Balanoa
In the event that the Recipient does not spend all the SCW Program Contributiondisbursed for the Funded Activity, Recipient shall promptly return the unspent 8CWProgram Contrlbution to the District, B-33. Reporting
The Recipient shall be subject to and comply with a(( applicable requirements of theDistrk,t regarding report(ng requirements. Recipients shal) report available data throughthe SCW Reporting Module, onw available. * Quarterly Progress/Expenditure Reports. The Recipient shall submit QuarterlyProgress/Expenditure Reports, using a format provJed bythe District, within forty-five (45) days following the end ofthe calendar qunrter(March, June, September,and December) to the District. The Quarterly Progress/pxpenditure Reports shallbe posted on the District's publicly accessible website. The QuarterlyProgress/Expenditure Report shall include:
a. Arnountoffundsrecelved;
b. Percent overa[l Furided Activity completion estimate; c. Breakdown of how the SCW Program Contribution has been expended; d. Documentation that the SCW Program Contribution was used for eligib)e expenditures in accordance with Chapters 16 and 18 of the Code; e. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period includingcomparlson to Exhibit A submission and corresponding 'metrics; f. Identification or any phases or tasks of the scope of work that were scheduled to be started 6r mmpleted during the reportlnq period (azording to the work schedule), but which were delayed, and a discussion of thereasons for the delay, and of (eseons learned; g. Schedulingconcernsandissuesencounteredthatmaydelaycomp!etlonof the task;
h. Workanticipatedforthenextreportingperiod;
i. Any anticipated schedule or budget modifications,
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j. Photo documentatron (e,g, phqtos of community outreach events, stakeholder meeflngs, gzundbreaklng wemonies, and project site that may be used on the publicly accessible District website) of the phases or tasks of the Project completed during the reporting period, as appropriate; k. Addltional financial or project-related informaUon as requlred by the District;
1. Certification from a California Registered Professional (Civi( Engineer or .Geologist, as appropriate), that the Project was conducted in accordance with Exhibit A;
m. Status of Recipient's insurance; and
n, Description of post-performance for each completed infrastructure project i's required after the first operational year and for a total of three years after the project begins operation. Post-performarice reports shall focus on how each project is actually performing compared to its expected performance; whether the project is operated and maintained and provlding intended benefits as proposed, A post-performance template will be provldsd by theDistrict, * QuarterlyProgress/ExpenditureReportsshallbesubrnittedtotheDistrictProgram Manager no later than forty-five days following the end of the calendar quarter asfollows:
Quarter End of Quarter 8epori_p,4,@First Quarter -September -15 Nove-mber Second Quarter December 15 February
Thlrd Quarter March 15May - " "
'Fourth Quarter June 16 August
* Annually, a summary of the Quarterly Progresa/Expenditure Reports shall be submitted to the Watershed Area Steering Committees to explain the previous year's Quarterly Progress/Expenditure Reports by the Recipient. The summary report shall be submitted six (6) months after the close of the Fourth Quarter. Thesummary report shal) include:
* Description of the Water Quality Benefits, Water Supply Benefits, and Community Irivestrnent Benefits and a summary of how funds have been allocated to achieve SCW Program Goals as articulated in Chapter 18.04 of the Code for the prior year. This includes comparisons to Exhibit A sod alignrnentwtth corresponding specific quarititative targets and metrics (note that SCW Reporting Module will facilitate graphical representation of pertinent data).
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* When the Funded Activity is an Infrastructure Program Project, include a description of how the County's Local and Targeted Worker Hire Policy hasbeen app)ied and enforced; or if the Recipient is a Municipality and has adopted its own policy, include a description of how its policy was appliedand enforced. * Where the Funded Actlvity is an Infrastruature Program Project that has applied for Institute for Sustainable Infrastructure (181) verification, include a description of the final score and Envision award level, Annually, theRecipient shall prepare and provide members of the public with up-to-dateinformation on the actual and budgeted use of the SCW ProgramContribution h AsNeededlnformatlonorReports,TheRecipientagreestopmmptlyprovidesuch reports, data, and in'formation as may be reasonably requested by the Districtincluding, but not 11mited to material ne>ssary or appropriate forevaluation oftheSCW Program ortofulfill anyreporting requirementsofthe County, ststeorfederalgovernment, B-34. Representations, Warranties, and Commitrm,nts
The Recipient represents, warrants, and commits as fo)lows:
1. AuthorizationandValidity.TheexecutionanddeliveryofthisAgreement,indiiding all incorporated documents, by the individual signing on bshalf of Recipient, has been dulyauthorized bythe governing individua(s), board or body of Reapient, asapplicable. This Agreement coristitutes a valid and binding obligation of theRe6ipisnt, enforceab)e in accordance with its terms, except as such enforcementmay be limited by law.
2. No Violations, The execution, delivery, and,performanpe by the Recipient of thisAgreement, including all incorporated documents, do not vilate any provisiori ofany law or regulation in effect as of the date set forth on the first page hereof, orresult in any breach or default under any contract, obligation, indenture, or otherinstrument to which the Recipient Is a party or by which the Recipient is bound asof the date set forth on the first page hereof.
3. No Litigation. There are no pending or, to the Recipient's knowledge, threatenedactions, claims, investigations, suits, or proceedings before any governmentalauthority, court, or administrative agency which affect the Recipient's ability tocomplete the Fundeid Activity.
4. Solvency.NoneofthetransactionscontemplatedbythisAgreenientwillbeorhave been made with an actual intent to hinder, delay, or defraud any present or futurecreditors of the Recipient. As of the date set forth on the first page hereof, theRecipient is solvent and will not be rendered insolvent by the transactions Pg@e23of37
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contemplated by this Agreement. The Recipient is able to pay its debts as theybecome due.
5. Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of Califomia and will remain so throughActivity Completion. The Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authoritythrough Activity Completion.
6. Insurance. The Recipient shall follow the Insurance Manual prepared by the RiskManagement Office of the Los Angeles County Chief Executive Office. For Infrastructure Program Projects the Recipient shall provide General Liability,Automobile Liability, Worker's Compensation and Employer's Liability, Builder'sRisk Course of Construction Insurance, and Professional Liability as specified inthe Insurance Manual: https://riskmanagement.lacounty,qov/wp- content/uploads/201 9/06/Insurance-Manual-revised-May-201 9.pdf B-35. Requirements for Good Standing
The Recipient must currently be in compliance with the District requirements set forth inthis Agreement. The Recipient must demonstrate it has not failed to comply with previousCounty and/or District audit disallowances within the preceding five years.
B-36. Requirements Related to Recipient's Contractors
1. The Recipient shall apply and enforce provisions mirroring those set forth in the then-current version of the County's Local and Targeted Worker Hire Policy (LTWHP) as to contractors performing work on such a Project. Altematively, if the Recipient is a Municipality and has adopted its own policy that is substantiallysimilar to the LTWHP, the Recipient may, at its election, choose to apply and enforce the provisions of its own such policy as to contractors performing work onsuch a Project in lieu of the provisions of the LTWHP. 2, The Recipient shall apply and enforce provisions mirroring those set forth in LosAngeles County Code (LACC) Chapter 2.211 (Disabled Veteran BusinessEnterprise Preference Program), LACC, Chapter 2.204 (Local Small BusinessEnterprise Preference Program), LACC, Chapter 2,205 (Social EnterprisePreference Program), LACC, Chapter 2.203 (Contractor Employee Jury ServiceOrdinance), LACC Chapter 2.206 (Defaulted Tax Program), LACC, Chapter 2.200(Child Support Compliance Program, LACC, Chapter 2.160 (County LobbyistOrdinance), Safely Surrendered Baby Law, and Zero Tolerance Policy on HumanTrafficking, as to contractors performing work on such an Infrastructure ProgramProject, subject to statutory authorization for such preference program(s), andsubject to applicable statutory limitations for such preference(s); and, furthermore,the Recipient shall take actions to promote increased contracting opportunities for Women-Owned Businesses on the Project, subject to applicable State or federalconstitutional limitations.
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3, The Recipient shall obtain afl necessary approvals, entitlements, and permits requlrsd to implement the Project, Fallure to obtain any necessary approval, entitlement, or permit shalJ constitute a breach of a material provision of thisAgreement,
4. With respect to a Project funded with. SCW Program Contributions through theRegional Program, if the Project has an estimated capital cost of over twenty-five million dollars ($25,000,000),as adjusted periodically by the Chief Engineer inaccordance with changes in the Consumer Price Index forall urban consumers in the Los Angeles area, orother appropriateindex, a provision thatthe lnfrastructure Program Project Developer for such a Project must r,equlre that all contractors performing work on such a Projei be bound by the provisions of: ("l ) a County- wide Project Labor Agreement (Community Workforce Agreement), if such anagreement has been successfully negotiated between the County and the Trades and is approved by the Board, or (2) a Projed Labor Agreement ("PLA") mirroringthe pmvisions of such Community Workforce Agreement.
5. With respect to a Project funded with SCW Program Contrtbutions through theRegionalProgram,ifoneormoreoftheMunicipalitiesthatisafinancialcontrlbutor to a Project has its own PLA, a provision that the Infrastructure Pmgram ProjectDeveloper for the Project must require that oontractors perfortning work on tl'isProjectare bound to such PLA, If more than one of the aontribiiting Municipalities to a capital project has a PLA, the Project Developer shall determine which of thePLAs will be applled to the Project. 6, Payment Bond, Payment bonds for exceeding twenty-five thousand dollars are required. A payment bond is defined as a surety bond posted by a contractor toguarantee thatits subcontractors and matenal suppliers on the Projectwill be paid. 7, Performance Bond. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a 4rforrnanm bond infavor of the Recipient in the following amounts: faithful perl'ormance (100%) ofcontract value, and laborand materials (lOO'Yo) of contract value. This requirement shall not applyto any contractfor !ass than $25,000.00. Any bond issues pursuant to this paragraph must be issued by a California-admitted surety- (Pub. Contract Code, 7al03; Code Clv. Proc. 995,311,)
8. Prevailing Wage, The Recipient agrees to be bound by all the provisions of Sections i7?l and 4774 of the California Labor Code regarding prevailing waiesand requires each of subcontractors to also comply. The Recipient shall monitor all contracts resulting from this Agreement to assure that the prevaillng wage pmvislons of the Labor Code are being met. The Recipient affirms that it is aware ofthe provisions ofsection 3700 of the Labor Code, which requires every employer to be insured agamr;t liability for workers' compensation or to undertake se]f- insurance, and the Recipient affirms that itwill complywith such provisions before comrnencing the performance of the work under this Agreement and will make itcontractors and 9ubcontractora aware of this provisin ,
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9, Public Funding, This Funded Activity is publicly funded, Any service provider orcontractorwith which the Reclplentcontracts must not havs any roleor relationshipwith the Reciplent, that, In effect, substantially limits the Recipient's ability toexercise' its rights, including cancellation rights, under the contract, based on al(the facts and circumstances B-37, Travel
Any reimbursementfor necessary ground transportation and lodglng shall be at rates notto exceed those sst by the California Department of Human Resources; per diem costswill not be eligible expenses, These rates may be found athttp://www,calhr.ca,gov/employees/Pages/travel-reimbursements.aspx. Reimbursementwill be at the State travel amounts that are current as of the date costs are incurred by the Recipient. No travel outside the LosAngeles County Flood Control District region shallbe reim5ursed unless priorwritten authorization is obtained from the Program Manager.
B-38. Unenforceab)e Provision
In the event that any provision of this Agreement is determined by a oourt of competentjurisdiction to be unenforoeabfe, the parties agree that all other provisions qf thisAgreement have force and effect and shall not be affected thereby.
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EXHIBIT C - 8PECiAL CONDJT10N8
[lf the Recipient is a public agencyJ
C-I. The Recipient acknowledges and agrees that the Recipient is the "lead agent,t" regarding compliance with the Califomia Environmental Quality Act (CEQA) inconnection with the Funded Activity and sha(l be responsible for the preparation of all documentation, analysisand otherworkand any mitigation necessary to comply with CEQA (n connection with the Funded Activity, By enterinq into this Agreement,the District is not approving any activity that would be considered a project underCEQA.
C-2, Upon the oornp)eUon of the documentation, analysis and other work neoessary tocomply with CEQA as descrlbed in section C-I, the Recipient shall promptlyprovide such documentation, analysis and work to the District. The Recipientacknowledges thatthe Distrid isa Responslble Agency underCEQAin connectionwith the Funded Activity and that the District will not disburse the SCW PmgrarnContributionfor any activities that meetthe definition of a proJectunderCEQA untilthe Recipient' has provlded such documentation, analysis and other work to theDistrictand the District has oomplied with itsob(Igations asa Resp6nsibleAgencyunder CEQA.
C-3. In addition to its other indemnffication obligations pursiiant to this Agreement, theRecipient hereby agrees to indemnify, defend, and hold harmless District, theCountyof Los Angeles and their officers, employees, and agentsfrom and againstany and alJ claims and/or actins releted to the Funded Activity thst may beasserted by any thJrd party or public agency alleging violations of CEQA or theState CEQA Guidelines or the NEPA.
C-4. Notwithstandlng any other provision of this Agreement, if any documentation or other analysis pursuant to CEQA disc)oses that the Funded Activity, or portion thereof, will have one or mare significant environmental impacts that cannot befeasibly mitigated, the Recipient shall promptly notify and consultwith the District.With the Distrk,t's approval, the Recipient may determine to terminate or modify the implementaflon of all or any portion of the Funded Activ$ in order to avoidsuch environmental impacts.
C-5. In the event the parties, pursuant to the preceding paragraph, determine toterminate the implementation of the entirety of the Funded Adivity, the Recipientshall promptly return all previously disbursed but unspent SCW Program Contributions and the Reclplent shall thereaffer have no further obligatlon under this Agreement to imp(ement the Funded Activity, ln the event the partiesdetermine to terminate the implementation of a portion of the Funded Activity, the Recipientshall promptly return all previously disbursed butunspentSCW ProgramContributions for the terminated portion of the Funded Activity and the Recipientshall thereafter have no further obligation under this Agreement to implement the
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terminated portion of the Funded Activity, but this Agreement shall remain in fullforce and effect as to the portion of the Funded Activity not termmated. [lfthe Recipient is not a public agency]
C-I, The Recipient shall be responsible for the preparation of all documentation,analysis and other work including any mitigation, necessary to comply with theCalifornia Environmental Quality Act (CE=QA) in oonnectlon with the FundedActivity, Envimnmental documentation prepared in connection with the FundedActivity will be subJect to the review and analysis of the District. Any decisionsbased on the documentation prepared by the Rec[pientwill reflect the independentjudgment of District. By entering into this Agreement, the District is not approvingany activity that would be considered a project under CEQA and the Recipientacknowledges that the Oistrictwil) not disburse the 8CW Program Contribution forariy activities that meet the definition of a project under CEQA untll the Recipienthas prepared the documentation, analysis and other work necessary to oomplywnh CEQA to the Distrim's satisfaction, C-2, InaddJtiontoitsotherindemnificationobligationspursuanttothisAgreement,the Recipierit hereby agrees to indemnify, defend, and hold harmless District, theCounty of Los Angeles and their off:icers, employees, and agents from and againstany and all claims and/or actions related to the Funded Activity that may beasserted by any third party or public agency alleging violations of CEQA or theCEQA Guidelines or the NEPA, C-3. Notwithstanding any other provision of this Agreement, tf any documeritation orother analysis pursuant to CEQA d!scloses that the Funded Activity or any portionthereof will have one or more significant environmenta) impacts that cannot befeasibly rrr%ated, the District, afler consultation with the Reclpient, may termiriatethe SCW Program Contribution for all or any portion of the Funded Activity or mayrequestttiat the Funded Activity be modified in orderto avoid such environmentalimpact(s).
C-4, In the event that the District terminates the SCW Program Contribution for theentlretj of the Funded Activity, the Recipient shall promptly return eel previouslydisbursed but unspent 8CW Program Contributions and the Recipient shallthereafter have no further obligation under thi8 Agreement to implement theFunded Activity. In the event the District termlnates the SCW Program Contributionfor a portion on of the Funded Activity, the Recipient shall promptly return allpreviously disbursed but unspent SCW Program Contributions for the teninatedportion o( the Funded Activity and the Recipient shall thereaffler have no furtherobligation underthisAgreementto implementtheterminated portion ofthe FundedActivity, but this Agreement shall remain in full force arid effect as to the portion ofthe Funded Activity for which the SCW Program Contribution was not terminated PaHe28of87
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EXHIBIT D - ADDENDUM TO AGREEMENT
-DRAFT TEMPLATE-
ADDENDUM NO. TOADDENDUM NO.
TRANSFERAGREEMENT NO. BETWEEN
THE LOS ANGELES COUNTY FL,00D CONTROL DISTRICT
AND (INSERTPROJECTDEVELOPER}
SAFE, CLEAN WATER PROGRAM - REGIONAL PROGRAM
This Addendum No. to Transfer Agreement No. , hereinafter referredtoas"AddendumNo,",isenteredintoasof byand
between the Los Angeles County Flood Control District, hereinafter referred to as "Distrld," and {Protect Developer/Sclenfk Studies Applicant) , herelnafierreferred to as 'Recipient." WHEREAS, District and Recipient entered into Transfer Agreement No. , hermnafter referred to as "Agreement", pertaining generally to thetransfer of a SCW Program Contribution (as therein defined) from District to Recipient for , the irrip(ementaUon by Recipient of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoffpollution, on ; WHEREAS, the Funded Activity has been included in a duly approved StormwaterInyestment Plan for Fiscal Year NOW, THEREFORE, In consideration of the promises, mutual representations,covenants and agreementsin thisAgreement, the District and the Recipient, each binding itself, ffs successors and assigns, do mutually promise, covenant, and agree as follows:
1. The definitions setforth in Sections 16.03 and 18.02 of ths LO3 Angeles County Flood Control District Code together with the definitions set forth in the Agreement shallapply to this Addendum No, , 2, Exhibit A to the Agreement is superseded arid replaced by Exhibit A-I, attached hereto and inmrporated herein as tffully setforth, and all references In theAgreementtoExhibitA shall hereafter be deemed to referto ExhibitA-1. 3, The Distrid shali disburse the 8CW Program Contribution for the Fiscal Year as described in the Budget Plan within days of the execution of thisAddendum by the last party t6 sign.
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3, All terms and conditions of the Agreement shali remain in fuil force and effecttnclud)ng, but not limited to the following provlslons related to compliance wUh theCalifomia Environmenta[ Quality Act (CEQA), Page30of37
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IN WITNESS WHEREOF, this Addendum No. has been executed by the panieshereto, (Recipient)
BY:
Name:
TiUe:
Date:
LOS ANGELES COUNTY
FLOOD CONTROL D18TRICT:
BY:
Name:
Title:
Date:
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EXHIBIT E - NATURE BASED 80LUTIONS (NBS} BEST MANAGEMENT PRACTICE8
Nature-based solutions (NBS) refers to the sustainable management and use ofnature for undertaking socio-envimnmental challenges, including climate change, watersecurity, water pollution, food security, human health, and disaster risk managemem, Asthis environmental management practice is increasingly inoorporated Into projectsafor the8CW Program, this guldance document may be expanded upon to further quantify NBSpractices based on benefits derived from their incorporation on projects, . The SCW Program defines NE3S as a Project that utilizes natural processes thatslow, detain, infiltrate or filter Stormwater or Urban Runoff, These methods may includerelying predomlnantlyon soilsand vegetation;increasing the permeabilityof ImpermeableAreas; protecting undeveloped mountains and floodplains; creating and restoring rlparianhabitat and wetlands; creating rain gardens, bloswales, and parkway basins; enhanclngsoil through oomposting, muiching; and, planting trees and vegetation, with preferencefor native species. Nag may also be designed to provide additional benefits such assequestering mrbon, supporting biodiversity, provJding shade, creating and enhancingparks and open @ace, and Improving quality of life for surrounding communities. NBSinclude Projeas that mimic natural processss, such as green streets, spreading gmundsand planted areas with water storage capacity, NBS may improve water quality, collectwater for reuse or aquifer recharge, or to support vegetation growth utllizjng naturalprocesses.
Recipients are to consrderusing Nature-Based So!utions forinfrastructure projectsand include in each Quarterly Progress/Expenditure Reportand annual summary whether-and how their project achieves a good, better, or best for each of the 6 NBS methods inaccordance with the guidance below. Additionally, Qirarterly Progress/ExpenditureReports should include discussion on any considerations taken to maximize the cIasgwitl'iin each method. If at least 3 methods score within a single class, the overall projectmn be characterized as that class, Recipients must attach a copy of the matrix for eachProject with the good, better, or best column indicated for each method, to facilitateDistrict tracking of methods being utilized. Please referto the table below.
For the most up to date guidance.. related to Nature Based Solutions, piease referto the Safe, Clean \/Vater Program website (https://safecleanwater)a.org/)