Public Works Director Gerber stated that it was submitted to the State Water Control Board and noted that there was turnover at the State level, which caused delays.
Councilmember Mahmud suggested that a letter be sent to the State Legislature to nudge the State Water Control Board to issue the City its permit for the Graves Well.
Public Works Director Gerber stated that staff can work on a letter and noted staff will also examine the timeline for completion.
Mayor Cacciotti inquired about the costs to pump the water.
Public Works Director Gerber stated that the pumping costs is about a third of the budget.
Councilmember Mahmud stated that the City had issues with the Metropolitan Water District (MWD) in the past because of their methods of disinfecting their water; asked if staff anticipates any issues this time.
Public Works Director Gerber doesn’t anticipate using as much water that the City previously utilized with MWD; noted that the City is utilizing stored water as well.
Mayor Cacciotti opened the public comment period.
With no requests to speak, the public comment period was closed.
A motion was made by Councilmember Donovan, seconded by Councilmember Mahmud and approved by roll call vote to authorize the City Manager to enter into an agreement for the repair of Wilson Pump #4 and appropriate $50,000 from the Water Enterprise Fund into the Water Production Services Account.
Motion carried, 5-0.
STUDY SESSION
4. PUBLIC SAFETY BIENNIAL REPORTS
Recommendation
Presentations of the South Pasadena Police Department (SPPD) and South Pasadena Fire Department (SPDF) Biennial Reports.
COUNCIL ACTION AND MOTION
Fire Chief Riddle provided an overview of the South Pasadena Fire Department 2020/21 biennial report.
Councilmember Zneimer complimented the Fire Department for their response to a fire near her residence.
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Special Meeting Minutes South Pasadena City Council March 28, 2022
Councilmember Mahmud asked for a description of emergency medical services program that residents can sign up for and how its advertised.
Fire Chief Riddle provided an overview of the Paramedics Subscription Program; noted that it’s a flat fee of $80 a year; stated that it’s advertised on the City website and inserts in the water bills.
Councilmember Mahmud recommended making a presentation about the program at the Senior Center; asked if the Fire Department Annual Report is posted on the City website.
Fire Chief Riddle stated that staff will post it on the City website.
Councilmember Mahmud asked if there is a correlation between cooking fires and senior citizens.
Fire Chief Riddle stated the department has not done an official study on the subject but stated that fires have more to do with a busy lifestyle than the age of the individual.
Councilmember Mahmud inquired if Fire Department personnel is receiving training on fire incidents.
Fire Chief Riddle answered affirmatively and noted that moisture levels can influence how dangerous fire activity will be.
Councilmember Donovan inquired about the Community Emergency Response Team (CERT) program and how many days it takes to complete the program.
Fire Chief Riddle provided an overview of the program.
Mayor Cacciotti referenced the Fire Department’s response times and asked why response times have increased.
Fire Chief Riddle stated that it depends on how resources are deployed.
Mayor Cacciotti inquired about the City’s relationship with the City of San Marino and the department’s staffing size.
Fire Chief Riddle discussed the current staffing levels with the City of San Marino and noted that the cities share Division Chiefs.
Mayor Cacciotti inquired how Delta has helped with fire investigations.
Fire Chief Riddle provided an overview of the value Delta has been to the department and how its able to narrow down causes of fires.
10 - 89
Special Meeting Minutes South Pasadena City Council March 28, 2022
Councilmember Mahmud asked why Los Angeles County isn’t involved in the Verdugo Fire Communication Center.
Fire Chief Riddle stated that LA County is involved, just not directly with that agreement; noted that its more of a mutual aid agreement.
Mayor Cacciotti opened the public comment period for the Fire Department report.
With no requests to speak, the public comment period was closed.
Police Chief Solinsky provided an overview of the South Pasadena Police Department 2020/21 Biennial Report.
Councilmember Zneimer inquired about the use of force cases.
Police Chief Solinsky provided clarification on each case listed in the report.
Councilmember Mahmud asked if the increased number of moving citations is attributed to the traffic enforcement unit that was formed prior to the pandemic.
Police Chief Solinsky answered affirmatively and noted that schedules had to be adjusted during the pandemic but expects to see coverage go back to normal soon.
Councilmember Mahmud asked if there’s a correlation between the increase of traffic accidents and the increase of stop sign violations.
Police Chief Solinsky answered affirmatively and noted that individuals were driving faster post pandemic.
Councilmember Mahmud stated the Police Department received a grant to perform pedestrian enforcement and asked how that program is going.
Police Chief Solinsky stated that the Department is doing pedestrian and bicycle enforcement and noted that they are working on education opportunities in the future.
Councilmember Mahmud asked what new programs and initiatives are on the horizon for the Police Department.
Police Chief Solinsky provided an overview of the upcoming artificial intelligence cameras program; discussed the Department’s implementation of the Racial and Identity Profiling Act (RIPA); discussed the Department’s homeless response team; discussed the Department’s community outreach programs; and discussed the transition of the Department’s fleet to electric vehicles.
Councilmember Mahmud asked what recommendations the Police Department has for residents to protect themselves from home invasions.
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Special Meeting Minutes South Pasadena City Council March 28, 2022
Police Chief Solinsky provided a list of informative information.
Councilmember Donovan thanked Police Chief Solinsky for the report.
Councilmember Zneimer asked if smart cameras would assist with smash and grab burglaries.
Police Chief Solinsky stated that cameras would assist with those crimes and it would also help prevent future crime.
Councilmember Zneimer asked if cities share information from the smart cameras.
Police Chief Solinsky stated that cities with the same system can share information with each other.
Councilmember Zneimer asked how much smart cameras would cost.
Police Chief Solinsky stated that the annual costs would be around $30,000 per year and noted that the cameras can only be leased.
Mayor Cacciotti asked what reassurance the Police Department can provide to ease residents about the increase in smash and grab crime.
Police Chief Solinsky stated that the Department is working with the Chamber of Commerce and businesses that have been affected by the Business Watch program and noted that the Department utilizes decoy vehicles.
Mayor Cacciotti asked how the Department is utilizing their resources effectively.
Police Chief Solinsky stated that the Department is using intelligence-based policing to utilize resources during peak hours of crime.
Councilmember Mahmud asked if cities who are using the smart cameras are also using them in their business districts and residential areas.
Police Chief Solinsky answered affirmatively and noted that those cities are seeing a decrease in crimes in those areas.
Councilmember Mahmud stated that the smart cameras could benefit the City and recommended that City staff look into funding mechanisms for the cameras.
Mayor Cacciotti opened the public comment period for the Police Department report.
With no requests to speak, the public comment period was closed. 10 - 91
Special Meeting Minutes South Pasadena City Council March 28, 2022
ADJOURNMENT
There being no further matters, Mayor Cacciotti adjourned the meeting of the City Council at 8:13 p.m., to the next Regular City Council meeting scheduled on Wednesday, April 6, 2022.
Respectfully submitted:
_______________________________
Christina Munoz
Deputy City Clerk
APPROVED
_______________________________
MICHAEL CACCIOTTI
MAYOR
Attest:
________________________________
Christina Munoz
Deputy City Clerk
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City Council
Agenda Report
DATE: July 20, 2022
FROM: Armine Chaparyan, City Manager {tPREPARED BY:
SUBJECT:
Ken Louie, Interim Deputy City Manager
Albert Trinh, Finance Manager
Stephanie Pinto, Management Analyst
Monthly Investment Report for May 2022
Recommendation
ITEM NO. --
It is recommended that the City Council receive and file the Monthly Investment Report for May 2022.
Background
As required by law, a monthly investment report, including water bond funds, is presented to the City Council disclosing investment activities, types of investments, dates of maturities, amounts of deposits, rates of interest, and securities with a maturity of more than 12 months at current market values.
The reports reflect all investments at the above-referenced date and are in conformity with the City Investment Policy as stated in Resolution No. 7635. A copy of the Resolution is available in the City Clerk's Office.
Analysis
The Monthly Investment Report provides a detailed report of the City's investments in various bonds and the Local Agency Investment Fund (LAIF). The report provides assurance that the City is in compliance with California Government Code Section 53646, whereby the investment liquidity meets the City's expenditure requirements for the next six months.
Fiscal Impact
The investments herein provide sufficient cash flow liquidity to meet the estimated expenditures, as required in the investment policy.
Commission Review and Recommendation
This item was not reviewed by a commission.
Attachment: City Investment Report for May 2022
11 11 - 1
I
r -
I
ATTACHMENT
City Investment Reports for May 2022
11 - 2
PERCENT CURRENT
INSTITUTION MATURITY CURRENT OF MARKET
NAME DATE YIELD PORTFOLIO COST VALUE *
LOCAL AGENCY INVESTMENT FUND:
LAIF City ON DEMAND 0.861% 28.49% 15,581,019.17 15,581,019.17 SUBTOTAL 28.49% 15,581,019.17 15,581,019.17
ZIONS BANK
Corporate Bonds See Exhibit B-1 2.80% 21.08% 11,528,082.97 11,163,022.14 U.S. Treasury Bills See Exhibit B-1 0.50% 2.19% 1,199,491.20 1,199,853.60 US Treasury Notes & Bonds See Exhibit B-1 1.19% 46.64% 25,510,294.59 24,817,630.22 US Obligations Variable See Exhibit B-1 1.63% 1.60% 874,953.20 875,714.79 SUBTOTAL 71.51% 39,112,821.96 38,056,220.75
TOTAL INVESTMENTS 100.00% $54,693,841.13 $53,637,239.92 BANK ACCOUNTS:
Bank of the West Account Balance: $19,047,138.32
Zions Bank Uninvested Cash Balance1
: $169,469.13
Zions Bank Unsettled Transactions1 -
BNY Mellon Uninvested Cash Balance2 158,397.45
Footnotes:
2 The BNY Mellon Uninvested Cash Balance is information-only as it is funds intended for 2016 Water Revenue Bond.
Required Disclosures:
Average weighted maturity of the portfolio 549 DAYS
Average weighted total yield to maturity of the portfolio 1.421% Projected Expenditures for the next 6 months:
Projected with Prior Year Same Period:
Projected with FY 2022 Adopted Budget:
May 31, 2022
Exhibit A
City of South Pasadena
INVESTMENT REPORT
1 The Zions Bank Uninvested Cash Balance and Unsetteled Transactions are separate from the investment portion. The sum of the three Zions Bank balance totals to the balance reflected on the provided statement. $ 24,634,567
$ 33,119,219
* Current market valuation is required for investments with maturities of more than twelve months.
In compliance with the California Code Section 53646, as the City Treasurer of the City of South Pasadena, I hereby certify that sufficient investment liquidity to meet the City's expenditure requirements for the next six months and that all investments are in compliance to the City's Statement of Investment Policy.
I also certify that this report reflects all Government Agency pooled investments and all City's bank balances.
Investment Balances at Month End
Gary Pia, City Treasurer Date
07/07/2022
11 - 3
Exhibit B-1
11 - 4
ZIONS BANK. Statement of Account
May 1, 2022 Through May 31, 2022
South Pasadena Custody
Account Number:-
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91030
Cash Reconciliation
Income Principal
Receipts
Disbursements
Sales
Interest
Dividends
Other Receipts
Collective Fund Earnings
Transfers
0.00 1,925,723.15
112,474.58 0.00
0.79 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Purchases
Fees
Other Disbursements
Transfers
0.00 -1,956,810.02
0.00 0.00
0.00 -3,239.05
0.00 0.00
Total Receipts 112,475.37 1,925,723.15
Total Disbursements 0.00 -1,960,049.07
Net Cash Management 0.00 -78,149.45
Opening Balance May 1, 2022 $ 370,952.71 $ -370,952.71
Closing Balance May 31, 2022 $ 483,428.08 $ -483,428.08 May 01, 2022 through May 31, 2022
Account Name : South Pasadena Custody Account No :
Cash Reconciliation (2 col) - SUMCTB1 Page 2
11 - 5
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Portfolio
Portfolio Summary
Market Projected Current
% Value Income Yield
May 31, 2022
Cash & Equivalents 0.44% 169,469.13 473.20 0.28%
Fixed Income 99.56% 38,056,220.75 623,737.33 1.64%
Accrued Income
Total Portfolio
Total Market Value
100.00 % 38,225,689.88 624,210.53 1.63%
122,375.59
38,348,065.47
May 01, 2022 through May 31, 2022
Account Name : South Pasadena Custody Account No :
Port Sum and Hold w Accruals - ACRHLD Page 3
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-
May 01, 2022 through May 31, 2022
Account Name : South Pasadena Custody Account No :
Holdings
Shares / PV Asset Description Cost Price Market Est Ann Inc Yield Acc Income Money Market Funds - Taxable
169,469.13 Fidelity Gov Port III FCGXX 169,469.13 1.00 169,469.13 473.20 0.28% 66.59 169,469.13 * * Sub Totals * * 169,469.13 169,469.13 473.20 0.28% 66.59 Corporate Bonds (30/360)
387,000 Bristol-Myers Squ bb Co 2.000% 08/01/2022 388,305.27 100.01 387,049.61 7,740.00 2.00% 2,572.79 191,000 Visa Inc 2.150% 09/15/2022 192,555.51 100.07 191,131.90 4,106.50 2.15% 860.30 383,000 Chubb INA Holdings INC 2.875% 11/03/2022 387,203.87 100.30 384,147.07 11,011.25 2.87% 830.46 383,000 Bank of New York Mellon 2.950% 01/29/2023 384,493.77 100.36 384,371.90 11,298.50 2.94% 3,818.77 289,000 Amazon Com Inc 2.400% 02/22/2023 288,869.68 99.83 288,502.19 6,936.00 2.40% 1,898.68 378,000 General Dynamics Corp 3.375% 05/15/2023 383,835.45 100.83 381,153.44 12,757.50 3.35% 534.53 373,000 Burlington Northn Santa Fe 3.850% 09/01/2023 377,882.57 101.23 377,582.69 14,360.50 3.80% 3,570.07 191,000 Cisco Systems Inc 2.200% 09/20/2023 189,862.48 99.72 190,466.08 4,202.00 2.21% 821.62 373,000 Deere John Capital Corp 3.650% 10/12/2023 383,670.76 101.43 378,351.54 13,614.50 3.60% 1,825.41 374,000 State Street Corp 3.700% 11/20/2023 392,227.00 101.76 380,581.43 13,838.00 3.64% 386.54 373,000 Caterpillar Finl Svcs 3.750% 11/24/2023 391,723.44 101.63 379,067.96 13,987.50 3.69% 234.43 468,000 Truist Finl Corp 3.750% 12/06/2023 485,403.26 101.35 474,307.59 17,550.00 3.70% 8,529.89 375,000 Blackrock Inc 3.500% 03/18/2024 379,436.25 101.32 379,957.44 13,125.00 3.45% 2,639.66 185,000 MetLife Inc 3.600% 04/10/2024 192,070.29 101.20 187,229.16 6,660.00 3.56% 930.17 371,000 Comcast Corp New 3.700% 04/15/2024 389,411.64 101.67 377,197.95 13,727.00 3.64% 1,725.46 380,000 Texas Instrs Inc 2.625% 05/15/2024 387,088.44 99.83 379,343.52 9,975.00 2.63% 417.95 193,000 Paccar Financial Corp 2.150% 08/15/2024 198,071.89 98.15 189,421.36 4,149.50 2.19% 1,217.03 483,000 Unitedhealth Group Inc 2.375% 08/15/2024 499,393.26 98.85 477,459.99 11,471.25 2.40% 3,364.47 193,000 United Parcel Svcs Inc 2.200% 09/01/2024 195,191.81 98.33 189,774.44 4,246.00 2.24% 1,055.57 390,000 Coca Cola Co 1.750% 09/06/2024 395,146.14 98.93 385,815.30 6,825.00 1.77% 1,601.40 481,000 PNC Finl Svcs Group Inc 2.200% 11/01/2024 486,684.27 98.18 472,258.14 10,582.00 2.24% 857.20 380,000 Pepsico Inc 2.250% 03/19/2025 394,008.12 98.56 374,521.62 8,550.00 2.28% 1,695.67 383,000 Target Corp 2.250% 04/15/2025 393,670.49 97.87 374,830.30 8,617.50 2.30% 1,083.21 398,000 US Bancorp 1.450% 05/12/2025 398,598.79 94.83 377,413.75 5,771.00 1.53% 290.16 Port Sum and Hold w Accruals - ACRHLD Page 4
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May 01, 2022 through May 31, 2022
Account Name : South Pasadena Custody Account No :
Holdings
Shares / PV Asset Description Cost Price Market Est Ann Inc Yield Acc Income 647,000 JPMorgan Chase & Co 3.900% 07/15/2025 692,153.92 101.74 658,228.11 25,233.00 3.83% 9,515.24 462,000 Bank Of America Corp 3.875% 08/01/2025 501,259.80 101.71 469,915.63 17,902.50 3.81% 5,950.83 370,000 Home Depot Inc 3.350% 09/15/2025 398,245.55 101.05 373,902.02 12,395.00 3.32% 2,596.72 199,000 Prudential Finl Inc 1.500% 03/10/2026 196,697.69 93.13 185,332.77 2,985.00 1.61% 667.04 403,000 Procter & Gamble Co 1.000% 04/23/2026 394,061.18 92.52 372,866.20 4,030.00 1.08% 416.51 406,000 Schwab Charles Corp 1.150% 05/13/2026 397,104.32 91.55 371,683.98 4,669.00 1.26% 221.71 378,000 Intel Corp 2.600% 05/19/2026 393,756.06 97.66 369,157.06 9,828.00 2.66% 301.98 11,240,000 * * Sub Totals * * 11,528,082.97 11,163,022.14 312,144.00 2.80% 62,431.47 U.S. Treasury Bills
1,200,000 U S Treasury Bills 06/09/2022 1,199,491.20 99.99 1,199,853.60 5,939.28 0.50% 0.00 1,200,000 * * Sub Totals * * 1,199,491.20 1,199,853.60 5,939.28 0.50% 0.00 U.S. Treasury Notes & Bonds
1,933,000 U S Treasury Notes 1.750% 07/15/2022 1,940,950.23 100.09 1,934,749.37 33,827.50 1.75% 12,708.67 1,835,000 U S Treasury Notes 1.750% 01/31/2023 1,842,513.47 99.98 1,834,570.61 32,112.50 1.75% 10,645.03 2,135,000 U S Treasury Notes 1.375% 06/30/2023 2,134,965.14 99.15 2,116,901.61 29,356.25 1.39% 12,245.29 1,188,000 U S Treasury Notes 0.250% 09/30/2023 1,173,488.71 97.40 1,157,092.99 2,970.00 0.26% 495.00 1,699,000 U S Treasury Notes 2.875% 11/30/2023 1,746,960.03 100.80 1,712,671.85 48,846.25 2.85% 0.00 1,621,000 U S Treasury Notes 2.125% 03/31/2024 1,626,222.56 99.39 1,611,058.41 34,446.25 2.14% 5,741.04 2,300,000 U S Treasury Notes 2.000% 04/30/2024 2,316,887.76 99.09 2,278,975.70 46,000.00 2.02% 3,875.00 2,191,000 U S Treasury Notes 0.625% 10/15/2024 2,156,939.71 95.42 2,090,608.38 13,693.75 0.66% 1,721.07 2,010,000 U S Treasury Notes 0.500% 03/31/2025 1,973,674.78 93.99 1,889,243.22 10,050.00 0.53% 1,675.00 1,843,000 U S Treasury Notes 0.250% 06/30/2025 1,775,777.95 92.66 1,707,799.36 4,607.50 0.27% 1,921.91 1,640,000 U S Treasury Notes 0.375% 11/30/2025 1,574,565.67 91.97 1,508,352.28 6,150.00 0.41% 0.00 1,751,000 U S Treasury Notes 0.375% 01/31/2026 1,689,140.62 91.59 1,603,737.40 6,566.25 0.41% 2,176.66 1,625,000 U S Treasury Notes 0.750% 03/31/2026 1,582,327.35 92.56 1,504,077.25 12,187.50 0.81% 2,031.25 2,036,000 U S Treasury Notes 0.750% 08/31/2026 1,975,880.61 91.74 1,867,791.79 15,270.00 0.82% 3,817.50 25,807,000 * * Sub Totals * * 25,510,294.59 24,817,630.22 296,083.75 1.19% 59,053.42 Port Sum and Hold w Accruals - ACRHLD Page 5
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-
May 01, 2022 through May 31, 2022
Account Name : South Pasadena Custody Account No :
Holdings
Shares / PV Asset Description Cost Price Market Est Ann Inc Yield Acc Income U.S. Obligations Variable
874,000 U S Treasury Notes 1.095% 10/31/2023 874,953.20 100.20 875,714.79 9,570.30 1.09% 824.11 874,000 * * Sub Totals * * 874,953.20 875,714.79 9,570.30 1.09% 824.11 * * Grand Totals * * 39,282,291.09 38,225,689.88 624,210.53 1.63% Cash Summary
39,290,469.13 122,375.59
-483,428.08
483,428.08
0.00 Principal Cash
Income Cash
Invested Income
Port Sum and Hold w Accruals - ACRHLD Page 6
11 - 9
-
Account Transactions
Date Description Income Principal Carrying Value
Starting Balances $ 370,952.71 $ -370,952.71 $ 39,484,489.15 Interest
05/02/2022 Interest 5,291.00
PNC Finl Svcs Group Inc 2.2000% 11/01/24
05/02/2022 Interest 23,000.00
U S Treasury Notes 2.0000% 04/30/24
05/02/2022 Interest 10,846.88
U S Treasury Notes 1.8750% 04/30/22
05/02/2022 Interest 1,179.24
U S Treasury Notes 0.9250% 10/31/23
05/03/2022 Interest 5,505.63
Chubb INA Holdings INC 2.8750% 11/03/22
05/11/2022 Call Bond - Interest 3,815.75
Lockheed Martin Corp 3.1000% 01/15/23
05/12/2022 Interest 2,885.50
US Bancorp 1.4500% 05/12/25
05/13/2022 Interest 5,184.00
Apple Inc 2.7000% 05/13/22
05/13/2022 Interest 2,334.50
Schwab Charles Corp 1.1500% 05/13/26
05/16/2022 Interest 6,378.75
General Dynamics Corp 3.3750% 05/15/23
05/16/2022 Interest 4,987.50
Texas Instrs Inc 2.6250% 05/15/24
05/18/2022 Purchase Accrued Interest -2,187.50
Blackrock Inc 3.5000% 03/18/24
05/18/2022 Purchase Accrued Interest -3,071.55
Burlington Northn Santa Fe 3.8500% 09/01/23
05/19/2022 Interest 4,914.00
Intel Corp 2.6000% 05/19/26
05/20/2022 Interest 6,919.00
State Street Corp 3.7000% 11/20/23
05/24/2022 Interest 6,993.75
Caterpillar Finl Svcs 3.7500% 11/24/23
05/31/2022 Interest 24,423.13
May 01, 2022 through May 31, 2022
Account Name : South Pasadena Custody Account No :
Transactions (3 col) - TRNTNT8 Page 7
11 - 10
-
May 01, 2022 through May 31, 2022
Account Name : South Pasadena Custody Account No :
Account Transactions
Date Description Income Principal Carrying Value
U S Treasury Notes 2.8750% 11/30/23
05/31/2022 Interest 3,075.00
U S Treasury Notes 0.3750% 11/30/25
Sub Total 112,474.58 0.00 0.00
Dividends
05/02/2022 Dividend 0.79
Fidelity Gov Port III FCGXX
Interest From 04/01/2022 To 04/30/2022
Sub Total 0.79 0.00 0.00
Buys
05/03/2022 Buy -1,199,491.20 1,199,491.20
U S Treasury Bills 06/09/22
1200000 Par Val @ $99.9576
05/18/2022 Buy -379,436.25 379,436.25
Blackrock Inc 3.5000% 03/18/24
375000 Par Val @ $101.183
05/18/2022 Buy -377,882.57 377,882.57
Burlington Northn Santa Fe 3.8500% 09/01/23
373000 Par Val @ $101.309
Sub Total 0.00 -1,956,810.02 1,956,810.02
Sells
05/02/2022 Maturity 1,157,000.00 -1,160,824.84
U S Treasury Notes 1.8750% 04/30/22
1157000 PV @ $ 100.00
Cost Basis Removed $1,160,824.84
Short Term Gain/Loss : $-3,824.84
05/11/2022 Call Bond 384,723.15 -393,641.42
Lockheed Martin Corp 3.1000% 01/15/23
Sold 382000 Par Val @ $100.712865
Cost Basis Removed $391,937.08
Short Term Gain/Loss : $-1,726.74
Long Term Gain/Loss : $-5,487.19
05/13/2022 Maturity 384,000.00 -390,840.50
Transactions (3 col) - TRNTNT8 Page 8
11 - 11
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May 01, 2022 through May 31, 2022
Account Name : South Pasadena Custody Account No :
Account Transactions
Date Description Income Principal Carrying Value
Apple Inc 2.7000% 05/13/22
384000 PV @ $ 100.00
Cost Basis Removed $386,822.73
Short Term Gain/Loss : $-1,035.76
Long Term Gain/Loss : $-1,786.97
Sub Total 0.00 1,925,723.15 -1,945,306.76
Disbursements
05/11/2022 Cash Disbursement -3,239.05
Miscellaneous Disbursement
Paid To : Morgan Stanley & Co. LLC
Per Sec 9 of Custody Agmt Inv#10823022126 dtd 05-06-22 Acct#255-138705 Sub Total 0.00 -3,239.05 0.00
Cash Management
05/02/2022 Sweep - Buy -1,197,317.91 1,197,317.91
Fidelity Gov Port III FCGXX
1197317.91 Par Val @ $1.00
05/03/2022 Sweep - Sell 1,193,985.57 -1,193,985.57
Fidelity Gov Port III FCGXX
Sold 1193985.57 Par Val @ $1.00
05/11/2022 Sweep - Buy -385,299.85 385,299.85
Fidelity Gov Port III FCGXX
385299.85 Par Val @ $1.00
05/12/2022 Sweep - Buy -2,885.50 2,885.50
Fidelity Gov Port III FCGXX
2885.5 Par Val @ $1.00
05/13/2022 Sweep - Buy -391,518.50 391,518.50
Fidelity Gov Port III FCGXX
391518.5 Par Val @ $1.00
05/16/2022 Sweep - Buy -11,366.25 11,366.25
Fidelity Gov Port III FCGXX
11366.25 Par Val @ $1.00
05/18/2022 Sweep - Sell 762,577.87 -762,577.87
Fidelity Gov Port III FCGXX
Sold 762577.87 Par Val @ $1.00
Transactions (3 col) - TRNTNT8 Page 9
11 - 12
-
May 01, 2022 through May 31, 2022
Account Name : South Pasadena Custody Account No :
Account Transactions
Date Description Income Principal Carrying Value
05/19/2022 Sweep - Buy -4,914.00 4,914.00
Fidelity Gov Port III FCGXX
4914 Par Val @ $1.00
05/20/2022 Sweep - Buy -6,919.00 6,919.00
Fidelity Gov Port III FCGXX
6919 Par Val @ $1.00
05/24/2022 Sweep - Buy -6,993.75 6,993.75
Fidelity Gov Port III FCGXX
6993.75 Par Val @ $1.00
05/31/2022 Sweep - Buy -27,498.13 27,498.13
Fidelity Gov Port III FCGXX
27498.13 Par Val @ $1.00
Sub Total 0.00 -78,149.45 78,149.45
Ending Balances $ 483,428.08 $ -483,428.08 $ 39,574,141.86 Transactions (3 col) - TRNTNT8 Page 10
11 - 13
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Corporate Trust Services provided by Zions Bancorporation, N.A.
Statement Disclosures & Other Important Information
Please review your statement promptly and report any discrepancies immediately to your account administrator listed on the first page.
Market value information (including accrued income) furnished herein has been obtained from sources that Zions Bancorporation, N.A. believes to be reliable. Zions Bancorporation, N.A. makes no representation, warranty or guarantee, express or implied, that any quoted value necessarily reflects the proceeds that may be received on the sale of a security or asset. Securities and asset prices may vary from actual liquidation value and should only be used as general guide to portfolio value. Prices are received from various pricing services. However, pricing services are sometimes unable to provide timely information. Where pricing sources are not readily available, particularly on certain debt securities, estimated prices may be generated by a matrix system taking various factors into consideration.
Securities, including mutual funds, are not bank deposits and are not FDIC insured, nor are they obligations of or guaranteed by Zions Bancorporation, N.A., its affiliates or of any federal or state government or government sponsored agency. Securities, including mutual funds, involve investment risks, including the possible loss of the principal amount invested.
May 01, 2022 through May 31, 2022
Account Name : South Pasadena Custody Account No :
Statement Letter Page 11
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2016 Water Revenue Bonds
Investment Issuer Settlement Par Value Coupon Market Value Current Maturity Days to CUSIP Type Date Rate YTM Date Maturity Account Number
BNY Mellon Project Fund
1 Cash 44.89 0.010% 0.010% 44.89 1
2 Morgan Stanley Treasury Portfolio 158,352.56 0.250% 158,291.81 0.250% 1 Subtotal Cash & Cash Equivalents 0.52% 158,397.45 0.250% 158,336.70 0.250% 1Total Project Fund 158,397.45 0.250% 158,336.70 0.250% 1 Funds and Investments
Exhibit B-2
May 31, 2022
Held by Contracted (Third) Parties
11 - 15
MONTH FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 JULY 14,003,563 17,332,153 20,958,651 26,306,572 28,541,631 74,033,803 33,187,829 34,119,395 39,309,559 47,220,730 AUGUST 13,043,563 17,330,985 12,658,088 26,294,151 28,405,544 73,122,925 31,258,493 34,245,197 35,205,219 47,188,874 SEPTEMBER 11,783,420 16,331,557 19,715,369 22,058,959 27,049,892 70,952,657 31,219,168 34,211,588 35,108,138 50,651,612 OCTOBER 11,795,960 13,841,158 17,221,779 22,325,114 27,023,005 70,917,973 26,989,542 30,424,551 32,530,753 47,647,956 NOVEMBER 11,800,260 13,836,635 17,221,849 22,287,418 73,246,265 26,547,176 26,916,772 30,394,571 36,836,391 47,638,933 DECEMBER 11,805,140 16,837,192 20,603,990 22,253,300 71,499,585 28,949,643 27,028,835 30,398,333 36,824,546 51,976,067 JANUARY 11,816,031 18,846,359 26,309,319 27,399,997 71,229,735 32,878,042 35,305,506 30,183,446 43,433,939 56,735,289 FEBRUARY 13,818,580 18,845,663 26,260,788 30,108,605 71,084,575 33,013,420 34,571,287 35,784,459 43,636,405 44,768,920 MARCH 13,319,038 13,145,894 26,315,158 28,939,924 72,604,964 32,833,141 32,568,840 35,894,036 43,608,698 53,763,388 APRIL 17,327,604 13,153,853 26,326,876 28,276,276 75,018,330 33,064,100 32,242,202 36,081,161 42,158,002 53,442,475 MAY 19,327,983 23,452,878 26,310,240 28,429,928 76,053,277 32,879,674 36,925,478 34,133,626 42,180,215 53,637,240 JUNE 19,323,510 22,452,628 29,289,712 26,594,581 75,918,587 33,102,349 38,922,757 34,218,755 42,164,581 May 31, 2022
Exhibit C
Investment Report
Summary of Invested Funds -- Last Day of the Month
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City Council
Agenda Report
DATE: July 20, 2022
FROM: Armine Chaparyan, City Manager ~
PREPARED BY: Ted Gerber, Director of Public Works
ITEM NO.
SUBJECT: Award of Contracts to Multiple Consultants to Provide On-Call Professional Services for Public Works Projects & Programs Recommendation
It is recommended that the City Council:
1. Accept proposals from multiple vendors (consultants) to provide on-call professional services across twenty-nine (29) disciplines for Public Works projects and programs, and
2. Authorize the City Manager to execute Master Service Agreements with the Consultants.
Background
The City's Public Works Department is responsible for water production, distribution, and treatment, sewer collections, storms drains, stormwater compliance, buildings and facilities, transportation, streets, sidewalks, traffic operations and signals, street lights, trees, park maintenance, environmental and sustainability programs, private development reviews, plan reviews, permits, right-of-way improvement inspections, and environmental impact studies, among other programs. The department is also responsible for developing and implementing the City's Capital Improvement Program (CIP). In 2021 , the City conducted an independent, high-level review and assessment of the roles and responsibilities of staff within the Public Works Department. In addition to recommended organizational changes, which have since been implemented, the review also advised that utilization of contracted professional services should be increased in the department to support the department's workload, provide expertise, and support department output. Considering this recommendation, Public Works staff have identified a number of areas of program and project work that require specialized professional services.
Discussion/Analysis
On April 26, 2022, a request for proposals (RFP Attachment 1) was posted on the City's bid opportunity website, PlanetBids, inviting qualified consultants to submit a Statement of Qualifications (SQQ) for professional services on an as-needed basis. Five hundred and ninety-two (592) firms were notified of the proposal opportunity. Ninety-nine (99) 12 12 - 1
Award of Contract to Multiple Consultants to Provide On-Call Professional Services July 20, 2022
prospective bidders expressed interest in participating, and sixty-six (66) submitted proposals during the bid period.
The scope of work included twenty-nine (29) disciplines, which are listed below, and each of the 29 disciplines listed one or more example tasks as part of the expected work. For example, the Traffic/Transportation Engineering Services discipline includes a task to provide consulting services related to parking management, traffic counts, traffic modeling, signal timing, development and review of traffic studies, development and review of traffic impact analysis reports, and preparation of reports and/or scopes of work. Perspective consultants were permitted to submit a proposal that included multiple disciplines and/or part of a discipline:
• Civil Design Engineering
Services
• Biological Assessment
Services
• Ecology Assessment
Services
• Structural Design
Engineering Services
• Environmental Consulting
and Document Services
• Program, Project & Grant
Management Services
• Facility Design Engineering
Services
• Environmental Monitoring
Services
• Archaeological & Cultural
Resources Services
• Landscape and Irrigation
Design Services
• Environmental Engineering
Services
• Building and Facility
Assessment Services
• Public Works and
Development Land Use,
Subdivision Control, Map
and Plan Check Services
• Sustainability, Electrical,
Solar, and Energy Design
and Assessment Services
• Stormwater, Flood Plain,
and Hydrogeological
Engineering Services
• Traffic/Transportation
Engineering Services
• Construction Management
Services
• Assessment District
Services
• Surveying Services
• Pavement Management
Services
• Inspection Services • Administrative Support
Services
• Geographic Information
Systems (GIS) Support
Services
• Seismic and Structural
Examination Services
• Document Management &
Retention Services
• Computer Aided Drafting
(CAD) Design Services
• Labor Compliance Services
• Material Testing and
Geotechnical Engineering
Services
• Real Property Appraisal /
Right of Way Acquisition
Services
Attachment 2 contains the list of firms that submitted proposals. Consultants were expected to provide a statement of qualifications, including their firm’s background, the Consultant’s staff/subcontractor experience and availability, and their plan to use project controls to regulate costs, provide accurate and timely invoices, monitor and stay within budget, and complete projects within the proposed time frames. The Consultants were also expected to provide references and a fee schedule.
Where possible, the City is contracting with multiple firms for each of the 29 disciplines, as there are many parallel efforts to consider in the same areas of work, e.g. transportation. Contracts will remain in effect for a period of three (3) years 12 - 2
Award of Contract to Multiple Consultants to Provide On-Call Professional Services July 20, 2022
commencing mid-2022 through June 30, 2025, subject to renewal administratively by two additional one-year periods, based upon an evaluation of the consultant’s performance by City staff.
Section 4526 of the Government Code states that professional services contracts are to be bid based on qualifications rather than on price:
Notwithstanding any other provision of law, selection by a state or local agency head for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.
South Pasadena Municipal Code section 2.99-29 addresses professional services as follows:
(12) Professional and Contractual Services. Contracts for services of specially trained and professional persons or businesses shall be exempt from bidding. If possible, quotes from three qualified vendors shall be obtained prior to the award of a contract. If the contract is equal to or below twenty-five thousand dollars, the contract shall require the approval of, and be executed by, the city manager. All contracts exceeding twenty-five thousand dollars must be approved by the city council.
After evaluating the proposals, staff determined multiple proposers to be qualified Consultants for one or more of the 29 disciplines. Staff based the qualification evaluation on the firm's ability to provide services that met the requirements, as well as the company's responsiveness, qualifications, past experience, and fee. Attachment 4 includes the list of selected Consultants for each discipline.
Some of the first round of engagements to be executed will include:
• Public right-of-way inspection for private development construction in the Southwest Monterey Hills.
• Private development & plan check assistance.
• Advisement on stormwater drainage issues at City parks and properties. • Document management advisement for historic records.
• Electrical infrastructure assessment to support electric vehicle charger installation.
• Public Works permit process documentation and development. • Pavement condition assessment.
• Pavement, sidewalk, and utility replacement budget and scheduling advisement. • Traffic engineering design for MTIC priority projects. • Security configuration design for City Hall 1st Floor. • Facility assessment request for proposal development assistance. 12 - 3
Award of Contract to Multiple Consultants to Provide On-Call Professional Services July 20, 2022
• Police Department improvements request for proposal development assistance. • Neighborhood Traffic Management Program (NTMP) development. • Snake Trail landscape design budget advisement.
• Measure R & State Route 110 improvements advisement.
• Fremont/Huntington Active Transportation Project budget, outreach, and scheduling advisement.
• Geographic Information Systems feature class development. • Bicycle facilities planning advisement.
• Pedestrian crossing planning advisement.
• Labor compliance and federal/state reporting assistance. • Capital Improvement Program grant research and writing assistance.
The City will execute Master Service Agreements (Attachment 3) for each Consultant through this bid selection process, which includes ‘Task Order’ exhibits that will be executed based on the specific scope for each specific task or project. To ensure that use of these on-call professional services follows City Council’s adopted procurement policy, Task Orders above the City Manager’s spending authority will be brought to Council for approval.
Fiscal Impact
Sufficient funds in excess of $600,000 are available to support multiple professional services contracts across the Public Works Department funds and through the Capital Improvement Program (CIP) Budget, including $220,000 in Public Works Administration & Engineering Professional Services Account No. 101-6010-6011-8170-000, $75,000 in Environmental Services Professional Services Account No. 101-6010-6015-8170-000, $15,000 in Park Maintenance Professional Services Account No. 101-6010-6410-8170- 000, $10,000 in Sewer Maintenance Professional Services Account No. 210-6010- 6501-8170-000, $7,400 in Street Lighting Professional Services Account No. 215-6010- 6201-8170-000, $3,000 in Street Maintenance Professional Services Account No. 230- 6010-6116-8170-000, $100,000 in Measure M Professional Services Account No. 236- 6010-6011-8170-000 for Neighborhood Traffic Management Program (NTMP) Implementation, $74,500 in Measure W Professional Services Account No. 239-6010- 6011-8170-000, $75,000 in Water Distribution Professional Services Account No. 500- 6010-6710-8170-000, and $30,500 in Water Production Professional Services Account No. 500-6010-6711-8170-000.
Attachments
1. Request for Proposals
2. List of Firms that Submitted Proposals
3. Master On-Call Professional Services Agreement
4. List of Selected Consultants per Discipline
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ATTACHMENT 1
Request for Qualifications
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City of South Pasadena
CITY OF SOUTH PASADENA
REQUEST FOR QUALIFICATIONS (RFQ)
PUBLIC WORKS ON-CALL PROFESSIONAL SERVICES
FY 2022-2023
APRIL 26, 2022
CITY OF SOUTH PASADENA
PUBLIC WORKS DEPARTMENT
1414 MISSION STREET
SOUTH PASADENA, CALIFORNIA 91030
PROPOSALS DUE: MAY 19, 2022, AT 5:00 PM
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City of South Pasadena Public Works On-Call Professional Services
I. INTRODUCTION
The City of South Pasadena, Public Works Department is seeking proposals from qualified professional services firms experienced in several areas of Public Works related work.
II. CITY PROFILE
The City of South Pasadena (City) is located approximately six miles northeast of downtown Los Angeles, on the west side of the San Gabriel Valley between the cities of Pasadena, San Marino, Los Angeles, and Alhambra. Founded in 1874 by Indiana Colony, the City encompasses 3.44 square miles and was incorporated as a General Law city of the State of California on March 2, 1888. With a population of approximately 26,000, the City is known for its beautiful, historically significant homes on tree-lined streets, for its excellent public schools, and for a small-town atmosphere in the midst of greater Los Angeles.
The City provides a full range of services, including police and fire protection; public infrastructure, street, traffic signal, and lighting maintenance; sewer and water utility services; refuse collection; public improvements; recreational, library, cultural events, and parks; and planning and community development services.
III. BACKGROUND / PROJECT DESCRIPTION
The City of South Pasadena’s Public Works Department is inviting qualified consultants to submit Statement of Qualifications (SOQ) for professional services on an as-needed basis for a period of three years commencing mid-2022 through June 30, 2025, subject to renewal administratively by two additional one-year periods, based upon an evaluation of the consultant’s performance by City staff. The City plans to contract with multiple firms in order to augment the City’s professional capabilities and to provide high quality, very timely expertise as needed. The Agreement does not preclude the City from later seeking proposals from other consulting firms that are not on the on-call list for special projects that the City determines require specific skills and experience or larger projects.
IV. SCOPE OF SERVICES
The scope of work that firms will include as a minimum in the proposal shall consist of, but not be limited to, the following 29 items/disciplines. The proposers are encouraged to add to these items, or their list of related qualifications, as deemed necessary. Proposers are also encouraged to provide qualifications on other related Public Works areas. Proposers are invited to respond to one or any combination of the following 29 items/disciplines that are within their area(s) of expertise. The summary list of the 29 items/disciplines is shown on the last page of this RFQ. A proposal must be explicitly submitted for each item/discipline to be considered for that discipline. 12 - 7
City of South Pasadena Public Works On-Call Professional Services
(1) Civil Design Engineering Services
a. Perform civil engineering services signed and stamped by a registered Professional Civil Engineer in the State of California, for the stated services on an “on-call as needed” basis for various civil engineering projects in the public right-of-way such as street, water, sewer, storm drain, streetlight, buildings and facilities, parks or other projects as assigned by the City.
b. Perform design work for repair, rehabilitation, or other related street improvements, including plan preparation, geometric design, drainage design, pavement delineation, surveying, stormwater pollution prevention plan (SWPPP), and signage and striping plans for street, highways, minor structures, and other public infrastructure. c. Provide design services for City projects to prepare plans and specifications for City projects, including but not limited to streets, buildings and facilities, trails, landscaping, park design, traffic signal installations or modifications, water systems, storm drain and sewer improvements, upgrades, modifications, extensions, repair or rehabilitation, and other related improvements.
d. Prepare project technical provisions and detailed cost estimates. e. Provide engineering support services construction assistance. f. See also: (5) Public Works and Development Land Use, Subdivision Control, Map and Plan Check Services, (6) Traffic/Transportation Engineering Services, (9) Computer Aided Drafting (CAD) Design Services, and (11) Program & Project Management Services.
(2) Structural Design Engineering Services
a. Structural engineering design services include bridges, walls, storm drains, and other Public Works structural facilities, where seismic analysis, structural calculations, design, plan, evaluation of structural components and structural systems to ensure the safety and comfort of users or occupants is conducted. b. Consultant must be registered in the State of California as a professional structural engineer for work requiring a structural engineer’s seal, and provide experienced personnel, equipment and facilities to perform tasks. Civil engineers registered in the State of California may perform structural engineering work allowed by the California Business and Professions Code.
c. Assess structural stability and load bearing capacity of existing structures including areas proposed to be modified or used for additional loads. d. Provide structural design for new structures or modifications of existing structures. 12 - 8
City of South Pasadena Public Works On-Call Professional Services
e. Provide alternative structural layouts or options that can be applied to project requirements.
f. Provide technical memorandum on assessment of structures. g. Provide complex structural analyses using computer programs for complex projects. h. Provide technical specifications for selection of materials and methods. i. Provide seismic and wind design review of existing structures. j. Provide detail design of concrete slabs, retaining wall, foundations, floor plans, roofing and framing plans, and pipe and equipment support and anchorage, for operation, maintenance, and administrative facilities.
k. Participate in peer review and value engineering of structural design completed by other consultants.
l. Prepare construction cost estimates.
m. Provide structural engineering support during bidding and construction of projects. n. Provide record drawings.
o. See also: (19) Seismic and Structural Examination Services. (3) Facility Design Engineering Services
a. Perform mechanical, electrical, plumbing, and architectural engineering design services signed and stamped by a qualified registered Professional Engineer, including design for repair, remodeling, or upgrading City’s facilities such as Library, Senior Center, Police Station, Fire Station, Recreation/Community Service Buildings, Corporate Yards, City Hall, Parks, or other facilities per City request in compliance with current applicable building codes:
i. Mechanical engineering design services include HVAC system, heating, cooling, ventilation, smoke control and exhaust system. ii. Electrical engineering design services include solar power, power supplies, distribution, conduit/wiring, back-up generators, batteries, electric vehicle chargers, switches, transformers, appliances, lighting, fire alarms, signal systems, arc flash studies, electrical calculations for short circuits, voltage drop, etc.
iii. Plumbing engineering design services include hot and cold water systems, water heaters, fire suppression systems, and wastewater systems. iv. Architectural engineering design services include the comprehensive evaluation of structural, electrical, mechanical, lighting, acoustics and fire protection systems, including, site constraints and development requirements, 12 - 9
City of South Pasadena Public Works On-Call Professional Services
design and planning considerations, concept solution, project budget, project schedule, and delivery constraints for interior building modifications and existing building rehabilitation.
b. Design services include: performing concept and feasibility studies of project alternatives; preparing preliminary design reports; preparing plans, specifications, estimates (opinions of construction cost) and other design related documents; providing drafting and computer aided drafting support; preparing and processing permit applications for building, various regulatory, and environmental permits.; performing record drawing, utility, or other searches; performing field investigations; performing engineering design services; reviewing and recommending award of construction contracts; utility coordination; providing design services during construction, including periodic site visits, review of shop drawings, and preparing responses to contractor’s requests for information (RFIs), preparing record (“as built”) drawings; and attending project or coordination meetings as necessary. (4) Landscape and Irrigation Design Services
a. Perform landscape design services including planting, irrigation and hardscape design and cost estimation, inspection, and project management, as well as synthetic turf design, along streets, highways, public parks, and recreation areas, in accordance with City's Water Efficiency/Conservation ordinances and other applicable laws. (5) Public Works and Development Land Use, Subdivision Control, Map and Plan Check Services
a. Coordinate the intake and processing of development project plans, specifications, tentative maps, final maps, land use applications, and other development related submittals, and review for completeness.
b. Manage, coordinate, and schedule with City staff, consultants, utilities, and private and public entities to perform required reviews.
c. Review, assess, document, and organize all existing active development projects by location, project type, and project status.
d. Review, check and make recommendations regarding land use applications. e. Perform review of parcel maps, tract maps, tentative maps, final maps, easements, lot line adjustments, and parcel mergers.
f. Perform review of studies and reports such as sewer, drainage, and Water Quality Management Plans (WQMP) utilizing commonly used software programs and Los Angeles County Hydrology and Local Drainage Manuals.
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City of South Pasadena Public Works On-Call Professional Services
g. Perform mapping and prepare legal descriptions for right-of-way acquisitions, easements, and vacations.
h. Perform review of engineering quantity estimates and costs, rough and precise grading improvement plans, erosion control, geological and geotechnical reports, storm drain improvement plans, hydrology and hydraulics reports, landscape plans, federally and state mandated reports required under National Pollutant Discharge Elimination System (NPDES) and Air Quality Management District (AQMD) guidelines, utility plans, (including domestic and sanitary sewer improvements), street improvement plans, signing and striping plans, traffic signal plans, and traffic studies and reports.
i. Review tentative maps and other developments and provide recommendations related to engineering and water pollution reduction.
j. Review plans for consistency with other planned developments. k. Prepare plan check comments in concise and understandable manner. l. Recommend, draft, and issue conditions of approval and plan reviews for development, including off-site improvements and financial obligations. m. Application of requirements related to the City’s Southwest Monterey Hills Construction Regulations.
n. Establish bond amounts, determine financial obligations and other development fees within the proper sequence of development reviews;
o. Perform additional functions, including, but not limited to, the preparation of general correspondence and staff reports, and coordination with developers, engineers, staff, and the general public related to the engineering review of private developments. p. Assist with development of engineering design standards and guidelines to assist with the plan checking process
q. Prepare Staff reports for City Council, and attend City Council and other city meetings as required.
r. Prepare and update policies and procedures for land development project reviews. s. Provide public works and development land use, subdivision control, map and plan check services signing and stamping by a registered Professional Civil Engineer in the State of California.
(6) Traffic/Transportation Engineering Services
a. Provide consulting services related to parking management, traffic counts, traffic modeling, signal timing, development and review of traffic studies, development and 12 - 11
City of South Pasadena Public Works On-Call Professional Services
review of traffic impact analysis reports (utilizing City’s traffic impact analysis methodology), and preparation of reports and/or scopes of work. b. Provide consulting services related to development and review of level of service (LOS) analyses and vehicle miles traveled (VMT) analyses. c. Provide consulting services related to engineering studies of traffic conditions, pedestrian characteristics, and physical characteristics related to the installation of a traffic control signals or other traffic/pedestrian devices. d. Provide traffic engineering and transportation design support for the preparation of preliminary and final plans and specifications for all types of traffic and intelligent transportation system (ITS) projects, signed and stamped by a registered Professional Traffic Engineer or Civil Engineer in the State of California, including but not limited to: traffic signals (LED displays, mast arm designs, etc.), vehicle detection system (video, loop, microwave, radar, ultrasonic, etc.), interconnect systems (hardware, phone, cellular phone, spread spectrum, radio, etc.), pavement markings (tape, thermoplastic, water based, etc.), sign and sign support systems (wood, metal and composite systems), intelligent transportation systems devices (variable message boards, closed circuit television, fiber optics and other communications media etc.), intersection designs (simple lane additions, signalizations, continuous flow intersections, diverging diamonds, and round-a-bouts), preliminary surveys for designs, sign layouts, guardrail designs, roadway re-striping and roadway design, calculation of quantities and estimates for plans, fiber optic networking drawings and fiber optics splicing plans, ITS Network plans for interconnection to Traffic Management Centers, and ITS Network Support Plans.
e. Prepare construction and maintenance related signing plans and schedules. f. Conduct accident analyses needed for consideration of safety measures in the designs and planning of transportation projects.
g. Perform individual signal timing plans, corridor signal timing progression plans and optimization plans.
h. Provide miscellaneous services regarding traffic operations to assist with the City’s day to day operations, including advisement and recommendations on traffic and transportation related matters.
i. Develop conceptual phased construction plans considering geometric design, capacity analysis, construction signing, temporary guide signing, temporary pavement markings, temporary signal design, and optimization of traffic flow. j. Prepare freeway guide signing plans consistent with the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) and the City’s policies. Prepare sign bridge plans, specialized sign support details, sign plans and sign layouts.
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City of South Pasadena Public Works On-Call Professional Services
k. Provide railroad crossing design and coordination services. l. Provide technical assistance and reports related to traffic engineering and ITS issues, including assisting the City in procuring ITS telecommunications/network related hardware, software and pertinent materials.
m. Develop plans and specifications for City ITS and telecommunications/network related projects or tasks including developing network, software and hardware design and procurement, fiber assignments, fiber design and all pertinent studies, reports, drawings, diagrams, specifications, and manuals both in hard and electronic formats. n. Provide corridor-planning analysis for future fiber optic backbone implementations including determining future node points for ITS elements, number of fiber strands required for future implementations, and best practices to facilitate private/public partnerships to build the fiber backbone.
o. Train City personnel on use of specialized traffic, transportation engineering and telecommunications/network related software in addition to any training requested. p. Provide structural inspection and report of Traffic Signal poles and mast arms, ITS structures and sign structures.
q. Provide construction management, inspection and completion of appropriate City documents as required, including ITS construction and field management. r. Conduct traffic signal and traffic device needs studies and develop reports, related to speed, progression, congestion, incidents, removal of vehicles, etc. s. Conduct vehicular and pedestrian/bicyclist traffic volume count studies and develop reports as needed for design and operations analysis.
t. Collect, analyze, and summarize transportation related field observations and data from reporting sources, including but not limited to City collision/incident data, California Statewide Integrated Traffic Records System (SWITRS), etc. u. Conduct traffic signal warrant analyses and develop reports. v. Provide technical support and training on various travel demand and traffic operations models including, but not limited to VISSIM, CORSIM, SYNCHRO, and HCS. w. Provide Active Transportation Program consulting and design services that promote pedestrian, biking/cycling, and transit travel, placemaking, sustainability, community economic benefits, and promote healthy lifestyles.
x. Provide transportation modeling services, including level of service (LOS), vehicle miles traveled (VMT), and other progressive modeling techniques. y. Provide consulting service on street and transportation design, transportation networks, placemaking, modeling, transit, and other transportation related concepts. 12 - 13
City of South Pasadena Public Works On-Call Professional Services
z. Provide traffic and transportation public engagement and outreach services. Attend meetings as instructed, prepare visual aids for meetings as needed, and prepare letters of correspondence and meeting minutes.
(7) Pavement, Sidewalk, and Curb & Gutter Management
a. Provide pavement, sidewalk, and curb & gutter assessment and data verification services, including data review, surveying, and observation of condition, distress and defects, and physical characteristics.
b. Provide field data collection services and reporting, including but not limited to pavement, sidewalk, and curb & gutter section limits, sample test areas, street names, street ranking (local, arterial, collector, etc.), lanes numbers, surface type, current and historical Pavement Condition Index (PCI), PCI variance, segment dimensions, and observations of standing water, inverted crowns, steep streets, or other observed environmental issues, as well as associated transportation data from supporting documentation (e.g. average daily trip volumes, etc.).
c. Provide consulting services for pavement, sidewalk, and curb & gutter database software application integration and database development. d. Provide assistance in the implementation of pavement, sidewalk, and curb & gutter asset management systems, geographic information systems (GIS), and training. e. Provide pavement, sidewalk, and curb & gutter program maintenance and budgeting recommendations, including development of cost-effective preventative maintenance, repair and rehabilitation strategies, forecasted costs, assessment and review of the City's pavement, sidewalk, and curb & gutter Capital Improvement Program (CIP), pavement, sidewalk, and curb & gutter service level, cost vs. benefit scenarios, utility project CIP synchronization (water, sewer, etc.), budgetary recommendations related to LA County Metro guidelines, and future routine maintenance needs based on projected deterioration rates. (8) Geographic Information Systems (GIS) Support Services a. Maintain and edit GIS datasets/layers.
b. Create new datasets and GIS maps.
c. Create, update, and print GIS maps
d. Assist City with in house production of map documents. e. Advise the City on matters relating to GIS projects and software. f. Maintain and keep records of GIS-related software and software licenses. 12 - 14
City of South Pasadena Public Works On-Call Professional Services
g. Create, customize, and maintain GIS related web pages. h. Create, customize, and maintain databases.
i. Work with Los Angeles County to acquire GIS and Assessor updates. j. Print large format maps.
k. Obtain GIS data as needed from other sources.
l. Provide customized solutions for special projects as requested. m. Providing GIS technical assistance and training to staff. (9) Computer Aided Drafting (CAD) Design Services
a. Develop concept designs.
b. Prepare construction documents including plans, specifications, and estimates. c. Assist with required state and federal documentation for design work associated with state or federal funded construction projects.
d. Provide plan check and/or peer review per City standard details and specifications. e. Prepare project drawings in CAD.
f. Provide constructability reviews.
g. Provide construction services.
h. Anticipated project types include, but not limited: street improvement projects, bike and pedestrian facilities (bike lanes, pedestrian paths, multipurpose trails), preliminary engineering in support of grant applications, traffic related projects including traffic signal design, signage and marking, MUTCD compliance, street light design, drainage Improvement projects: alternate drainage, reclaimed water pipeline, recycled water related planning and design, etc., intersection modifications, and sidewalk improvement projects (ADA compliance).
(10) Surveying Services
a. Perform surveys conforming to the requirements of the Land Surveyors Act and Caltrans Survey manual.
b. Provide design, construction, and as-built surveys, preparation of legal description and plat maps, monument preservation/recordation and other surveying services. c. Establish horizontal and vertical control bases using benchmarks and datum that is common for Los Angeles County Cities.
d. Perform aerial photogrammetry.
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City of South Pasadena Public Works On-Call Professional Services
e. Use aerial photogrammetry or field survey data to prepare base maps. f. Prepare topographic maps with elevations contours and spot elevations shown. g. Research and provide on maps and surveys street centerlines and right-of-way boundaries.
h. Survey and prepare plats and legal descriptions with sketches for easement and property acquisition and lot line adjustments.
i. Provide surveys to support geotechnical investigations, utility locating, and the design of water, reclaimed water, water reclamation, streets, site developments, and electrical systems.
j. Reset survey monuments disturbed or removed during construction and identify the hours separately on work performed.
k. Provide field staking and cut sheets for construction projects. (11) Program, Project, & Grant Management Services
a. Assist City staff in scoping, developing, and scheduling capital projects. b. Assist City staff in selecting design consultants using the City’s quality based selection process.
c. Assist City in completing procurement requirements in accordance with City policies and procedures, as well as local, state, and federal regulations. d. Manage the City’s design consultants including but not limited to: providing coordination with Public Works staff, other City departments, agencies, utilities and community as required, monitoring budget and schedule, conducting community outreach as required, and serving as the City’s project manager in all aspects of the design process.
e. Perform constructability reviews.
f. Coordinate the preparation of final plans specifications, cost estimate and bid package.
g. Attend City Council and Commission meetings.
h. Attend staff and community meetings.
i. Analyze City's needs and prepare short and long-term CIP recommendations. j. Review and comment on planning programs and land development controls. k. Recommend regulations and ordinances pertaining to engineering matters. l. Provide advice and recommendations regarding public works activities. 12 - 16
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m. Advise the City as to funding availabilities and, when directed, initiate and prepare funding applications.
n. Assist in the preparation of the City's operational budget and Capital Improvement Program (CIP) projects budget.
o. Provide engineering support services under the direction of the City's Director of Public Works/City Engineer.
p. Coordinate with other agencies, the public, and utility companies on engineering matters.
q. Provide grant administration coordination with the awarding agency, ensuring compliance with grant requirements, preparing final reports, and participating in audits, if required.
r. Provide benefit-cost ratio input data, calculations, spreadsheets, workbooks, outputs, and analyses of results to support local, state, and federal grant applications, including but not limited to funding sources from: Federal Emergency Management Agency (FEMA), U.S. Department of Transportation (DOT), Infrastructure for Rebuilding America (INFRA), CA Senate Bill 1 (SB1), Local Partnership Program (LPP), Trade Corridor Enhancement Program (TCEP), Active Transportation Program (ATP), Rebuilding American Infrastructure with Sustainability and Equity (RAISE), Highway Safety Improvement Program (HSIP), Bicycle Transportation Account (BTA), Community Development Block Grant (CDBG), Mobile Source Reduction Committee (MSRC), Los Angeles County Metropolitan Transportation Authority (LACMTA), Metropolitan Water Distrcit (MWD), and San Gabriel Valley Council of Governments (SGVCOG).
s. Provide grant writing and management support services, including, but not limited to:
reviewing existing program materials, meeting with City staff, understanding City’s goals, services, plans, and needs, researching and identify funding sources matching the needs of the City, developing funding strategies and prioritized solicitation schedules, reviewing grant application guidelines, managing grant application process, preparing financial and project performance reports to satisfy grant program requirements, and providing guidance and advice to staff on grant laws and requirements.
t. Author and submit grant applications, and provide other grant administration and management tasks as required by the City.
u. Review, prepare and monitor funding reimbursement requests for assigned agreements, and prepare close out reports and grant audit files as requested. v. Provide consulting services and support associated with Caltrans Local Assistance Procedures Manual (LAPM) and Local Assistance Procedures (LPPs). 12 - 17
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w. Provide consulting and advisement services on state and federal prevailing wage regulations and requirements and regulations associated with Equal Employment Opportunity, Affirmative Action, Disadvantaged Business Enterprise (DBE), Small Business Enterprise (SBE), Minority Business Enterprise (MBE), Women’s Business Enterprise (WBE), and Section 3 Programs.
x. Perform Disadvantage Business Enterprise (DBE) calculations and reporting. (12) Environmental Consulting and Document Services
a. Provide consulting and document development services for environmental feasibility studies, CEQA & NEPA documents, development applications, mitigation monitoring preparation and compliance.
b. Provide agency coordination, team management, quality assurance reviews, and public engagement and outreach.
c. Provide complete environmental planning and document preparation in accordance with CEQA and NEPA requirements, special studies such as but not limited to noise, socioeconomic, biological, cultural, air quality, Phase I site assessments, hazardous waste, archaeological, historical, and tribal consultation, as needed on a project specific basis as required by the City and/or Caltrans. Typical project to include CIP projects, road widening, new construction, rehabilitation projects, storm drain, signal installations, reservoirs, booster stations, projects in Caltrans right-of-way, and water and sewer installations.
d. Provide environmental document development services including but not limited to preparation of: maps for environmental evaluation, public and agency scoping, noise studies, noise abatement reports, air quality studies and reports, initial site assessments, natural environmental study reports, cultural resource studies, potential effect identification reports, Native American consultation reports, visual/aesthetic evaluation reports, community impacts assessment reports, climate change analysis/assessment reports, cumulative impacts analysis reports, location hydraulic/flood plain reports, paleontology studies, draft environmental documents, responses to review comments, final environmental documents, and environmental commitments records.
(13) Environmental Monitoring Services
a. Noise sampling collection;
b. Ambient air samples collection;
c. Storm water sampling and laboratory analysis;
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d. Surface water sampling and laboratory analysis;
e. Groundwater sampling and laboratory analysis;
f. Potable water sampling and laboratory analysis;
g. Soil fertility, soil ecology, and flora ecology sampling and analysis; and h. Preparation of reports describing in detail the sampling efforts, laboratory results, data, quality assurance/quality control, and results.
(14) Environmental Engineering Services
a. Provide environmental engineering services, including but not limited to design, environmental compliance, regulatory permitting, compliance/mitigation monitoring, ecosystem restoration, field explorations and studies, hiring and oversight of applicable sub-consultants as required, preparation of construction plans, specifications and estimates, records research and other services as required by the City.
(15) Sustainability, Electrical, Solar, and Energy Design and Assessment Services a. Provide consulting services in energy conservation measures. b. Provide consulting services on heating ventilation & air conditioning (HVAC) system optimization, retrofit, upgrade or replacement.
c. Provide consulting services on interior and exterior lighting retrofit or replacement. d. Provide consulting services on outside, street, and area lighting retrofit or replacement.
e. Provide consulting services on open standards wireless platform and applications to control, dim, monitor, and help maintain street lighting LED retrofit investments, and enable a platform for future City applications such as parking, automated meter reading, charging stations, traffic, etc.
f. Provide consulting services Building Automation System (BAS) installation, upgrade, or expansion leveraging existing technology.
g. Provide consulting services building envelope upgrades. h. Provide consulting services infrastructure improvements that reduce energy and/or reduce operating costs.
i. Provide consulting services on project, design, installation, purchase, and construction financing sources and solutions.
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j. Provide consulting services on electrical vehicle (EV) and EV charging solutions, including, but not limited to, use and site assessment, rebate and financial planning, owner agreements, EV purchase and use, EV supply equipment (EVSE) purchase and installation.
k. Provide consulting services on EV charging infrastructure design, equipment selection, installation, construction, operation, maintenance, network infrastructure, equipment applications, mobile applications, payment gateways, administration, power management, energy rate requirements and selection, station management, customer management, site management, driver management, radio-frequency identification (RFID) fob management, access control roles, pricing management, and EV fleet management.
l. Analyze energy interval data, examine load profiles and seasonal variations to identify potential storage capacity and energy values.
m. Analyze potential load impacts from EV charging, and provide recommendations. n. Develop solar modeling and rendering using a software (e.g. Helioscope), and build energy model to test and evaluate scenarios, pricing, storage amounts, and rate options.
o. Provide site assessment services verifying solar array, meter, and backup battery storage locations, assessing shading construction impacts, switchgear and other solar, electrical and/or battery backup equipment.
p. Provide other training, remote monitoring services, or other related support services. q. Perform comprehensive investment-grade audits of City facilities and infrastructure, identifying and analyzing all opportunities for water and energy cost savings, including, but not limited to, buildings, parks, water facilities, and city-owned streetlights.
r. Perform comprehensive feasibility analyses of distributed generation opportunities for City facilities, including solar photovoltaics (PV) and solar arrays, and any other economically and environmentally viable distributed generation (DG) solutions. s. Analyze and report on energy efficiency (electricity and natural gas) and water usage at all City facilities, providing an analysis of building systems, equipment, operations, and operational procedures for optimal performance, include the following thorough assessments: existing equipment; equipment replacement, repair, or rehabilitation; potential alternative processes; proposed energy and water efficiency and conservation projects; equipment controls; lighting (internal/external for buildings/parks and remaining non-LED street lights); HVAC equipment; well equipment; automation; space utilization and programming; pumps; noncomputerized irrigation systems controllers; building envelope performance with evaluation for cooling/heat gain or loss, transmission and leakage, and solar potential, 12 - 20
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alternative fuel sources, and identifying facility or occupancy changes that could affect energy/water use.
t. Review historical data of existing energy usage, meet with the facilities’ staff, tour the facilities, and identify all major lighting, HVAC equipment and systems, determining occupancy schedules, energy use patterns, etc. u. Prepare reports, present findings and address questions for City and at public meetings.
(16) Construction Management, Administration, and Monitoring Services a. Provide services from a construction manager with a minimum of five (5) years of experience managing public works construction and private construction, including construction of streets, sidewalks, curb and gutter, underground and aboveground utilities, storm drains, buildings, and other projects. b. Provide services from a resident engineer by a registered Professional Civil Engineer in the State of California, for the stated services on an “on-call as needed” basis for various civil engineering projects as assigned by the City. c. Provide complete construction management, construction administration, inspection services and labor compliance for Capital Improvement Program (CIP) projects and private land development projects, including but not limited to project scheduling, project controls, project management, collaboration and claims resolution, daily reports and capturing photos, Contractor’s labor force compliance monitoring, inspection/monitoring of traffic control procedures and traffic control plan, conducting progress meetings and preparing meeting minutes, coordinating with agencies and stakeholders, monitoring the project schedule, verifying quantities, and assuring quality control, and site safety.
d. Maintain complete and accurate project records, including monthly progress pay estimates, daily construction reports, extra work reports, contract change orders, labor and equipment records, correspondence, personnel records, records verifying stormwater pollution prevention plan (SWPPP) compliance, processing submittals of requests for information (RFIs), weekly statement of working days, change orders, punch-lists, and as-builts.
e. Maintain compliance of project records in compliance with the Caltrans manual, safety-related activities, implementing security procedures, coordinating survey and materials testing, as well as processing control documents, submittals, RFIs, weekly statement of working days, change orders, work change directives, , and compliance with NPDES and Caltrans encroachment permit requirements, if required f. Attend pre-construction meetings, project progress meetings, and provide assistance in responding to all questions in timely manner.
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g. Assist City in conducting and coordinating field meetings with contractors and act as the City’s liaison for coordination and communication with other agencies, engineers, and architects as needed. Coordinate with design engineers and project managers on design issues encountered during construction.
h. Review project contract documents and perform constructability reviews. i. Review contractor’s submittals in accordance with the requirements of project specifications and the City’s requirements prior to final approval. j. Review, negotiate, process and monitor contract change orders with the City’s approval. Review extra work invoices.
k. Review and respond to RFIs in a timely manner.
l. Comply with grant requirements for local, state, and federal funded projects. m. Provide labor compliance monitoring.
n. Provide construction inspection and quality control services. o. Provide construction material testing and compaction testing. p. Developing solutions to problems identified in the field with City approval. q. Maintain all records and meet reporting requirements. r. Provide community outreach and public outreach services as required. s. Provide project status and overall condition of construction projects, including cost, budget, and schedule.
t. Identify and issue notice to contractor of safety concerns and violations. u. Review and approve punch lists.
v. Participate and assist in conducting final inspection, testing and release of facilities. w. Review and approve record drawings at project completion. x. Assist in preparation of daily pay estimates in accordance with the inspection daily report, and assist in preparation of contractors monthly pay estimates. y. Report all unresolved issues and potential claims to the City’s representative in writing on a daily basis.
z. Other construction management duties as necessary to support City projects in construction.
(17) Inspection Services
a. Provide inspection services from an inspector with a minimum of five (5) years of experience inspecting public works construction and private construction, including 12 - 22
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construction inspection of streets, sidewalks, curb and gutter, underground and aboveground utilities, storm drains, buildings, and other projects. b. Review plans and specifications, and provide construction inspection/ observations for development projects related to the public right-of-way. c. Observe construction of improvements by developers and/or contractors and make recommendations regarding completion and acceptance of the work. d. Provide construction observations associated with work performed by developers on City streets, medians, slopes, parks, and other areas to ensure compliance with approved plans, specifications, permits, and City guidelines and standards. e. Inspect plants and trees and make recommendations on acceptance of the plant materials.
f. Inspect landscape and irrigation improvements for compliance with approved plans. g. Ensure that materials and completed work comply with plans, specifications, and design criteria.
h. Provide inspection services from an inspector with a minimum of five (5) years of experience inspecting public and private construction, and certification as a Qualified Stormwater Practitioner (QSP).
i. Inspect and provide recommendations for the installed Best Management Practices (BMP) for water quality.
j. Inspect street and storm drain improvement for compliance with approved plans. k. Inspect approved work and installed water quality measures. l. Prepare general correspondence and daily construction inspection reports, and coordinate with developers, engineers, staff, and the public. (18) Labor Compliance Services
a. Conduct meetings with project team members to review and discuss the agreement implementation, project details and schedule, and requirements including but not limited to the specific labor standards and parameters for the project. b. Review construction contract and bid specifications for compliance with state or federal requirements to ensure that all appropriate forms are included in bid package. c. Provide contract and labor compliance documents and Federal Prevailing Wage Decision for the construction bid document.
d. Prepare the Request for Construction Bid Document Review, Bid Document Checklist and Matrix Roles and Responsibilities for submission to the Los Angeles 12 - 23
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County Community Development Commission (LACDC). Submit construction bid document to LACDC prior to advertisement of bid.
e. Implement the Equal Employment Opportunity (EEO) and Section 3 Programs, if necessary.
f. Ensure that the most current Federal Wage Decision is used for the project by verifying the wage decisions and modifications prior to Bid Opening. g. Report any wage modifications, or other changes in requirements as they are issued.
Provide City with revised Wage Decision to bid holders prior to Bid Opening as an Addendum, if necessary, and attend the Bid Opening.
h. Verify contractor and subcontractor eligibility through the Federal System for Award Management, California State Contractors License Board, and California Department of Industrial Relations Public Works Contractor Registration. i. Review Bid Proposal for contract and labor compliance documents and forms to be completed, signed and submitted by prime contractor.
j. Prepare Notice of Contract Award to the U.S. Department of Labor (DOL) and Agency Report of Contract Award (ARCA) for the LACDC.
k. Notify LACDC of pre-construction meeting at least ten (10) days prior to the meeting. l. Prepare contract and labor compliance packets including posting requirements to distribute at the pre-construction meeting.
m. Participate in pre-construction conference to provide packets to prime contractor and subcontractors and inform prime contractor of prevailing wage and project reporting requirements.
n. Review Weekly Certified Payroll Reports including Statement of Compliance, Federal Apprenticeship Certifications, and Employee Authorization for Deductions. o. Provide technical assistance to prime contractor for inquiries regarding Weekly Certified Payroll Reports and contract and labor compliance documents. p. Upon review of the Certified Payroll Reports, notify prime contractor of any labor discrepancies or suspected violations and issue corrective actions in writing, if necessary.
q. Conduct and/or coordinate with City’s construction management team/ inspector to perform employee interviews for ten percent (10%) of the workforce and verifying posting requirements at project site.
r. Upon conducting employee interviews, identify violations and investigate complaints of employee underpayments, if necessary.
s. Prepare underpayment report and letter to contractor for all underpayments and corrective action, if necessary. Ensure employee restitution is paid. Prepare and 12 - 24
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submit the United States Department of Housing and Urban Development (HUD) 5.7 Labor Violations Report to LACDC.
t. Prepare and maintain contract and labor compliance files for LACDC and HUD monitoring.
u. Coordinate and participate in LACDC labor compliance in-progress monitoring of the project.
v. Prepare and submit the Request for Final Project Review and Contractor Project File Review Checklist to LACDC. Prepare Subcontractor Project File Review Checklist, if necessary, and schedule and attend the Final Project Review. w. Prepare responses to LACDC monitoring letters and/or correspondence. x. Prepare Contract and Subcontractor Activity Report, Semi-Annual Labor Standards Enforcement Report and other LACDC and HUD reporting documents. y. Obtain copies of the Progress Payment and Final Payment Waiver and Release of Forms for contract and compliance files, if necessary.
z. Complete the Labor Standards Administration and Enforcement File. (19) Seismic and Structural Examination Services
a. Conducted by a Structural Engineer licensed by the State of California. b. Provide detailed analysis accompanied by calculations, and an evaluation of mitigating alternatives.
c. Provide detailed structural and seismic analysis, based on the collected documentation, examination findings, geotechnical evaluation, demand and capacity calculations, and any other reviewed or collected data and information. d. Provide analysis including a conclusive evaluation of repair, rehabilitation, and replacement alternatives for subject structure including inspected internal and external components, as well as alternative prioritization and recommendations (considering a short-term, mid-term, and long-term asset improvement life cycle). e. Perform supporting structural and seismic design and capacity calculations. f. Perform load to capacity calculations.
(20) Material Testing and Geotechnical Engineering Services a. Perform sub-surface exploration and material testing in accordance with City standards and/or Caltrans standards for street, facility, and other capital improvements.
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b. Conduct geotechnical examinations of selected sites, based on data and observations collected from soil boring(s), including an evaluation of subsurface conditions, soil classification and relevant attributes (moisture content, compressive strength, etc.), settlement, bearing capacity / resistance, seismic considerations, and any other related concerns.
c. Provide comprehensive geotechnical reports including calculations and analysis of the subsurface profile and its impact on the seismic stability and structural integrity of the reservoir.
d. Perform building materials testing including welding on structural steel elements in accordance with current building standards and provide geotechnical services for all projects.
e. Perform source inspection of miscellaneous items and fabricated products such as steel girders, concrete girders and welded sign structures used on the State highway system.
f. Review material submittals for compliance with project specifications and applicable standards and regulations.
g. Perform background review of sites based on published and unpublished groundwater and geologic information.
h. Provide preliminary evaluation of seismic hazards and design parameters using fault maps and current building code.
i. Provide field exploration including drilling, sampling, and logging of test borings. j. Perform geologic field mapping.
k. Perform soil analysis, soil classification, and site-specific soil characterization. l. Provide recommendations on soil improvement.
m. Perform ground water investigation and control.
n. Provide design parameters for: Grading; Remedial measures; Shoring; Excavation; Backfill; Compaction; Slope stability; Soil bearing pressure; Foundation design, Lateral earth pressures for design of retaining walls; Groundwater dewatering o. Provide settlement evaluation and analyze potential for expansion p. Provide soil corrosivity testing and analysis, Evaluate imported earth materials to be used for fill
q. Provide laboratory testing per City and Caltrans standards to determine maximum dry density and optimum moisture content for fill and backfill, and sand equivalent of all bedding material.
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r. Perform laboratory tests on pipe bedding material and aggregate base material to verify their compliance with the project specifications s. Evaluate over-excavation, backfill, and compaction procedures. t. Evaluate field procedures, progress, and testing results. u. Observe site grading and fill placements, including in-place soil density testing of compacted fill, optimum soil moisture density test and relative compaction per project specifications.
v. Provide foundation engineering and inspection for structures; Inspect and evaluate earth-retaining structures and excavations.
w. Perform sieve analysis; Determine R-value; Pavement inspection and testing including preparation of pavement structural section based upon laboratory R-value, sieve analysis, and sand equivalent testing;
x. Perform concrete inspection and testing including air content and slump testing; Prepare standard test cylinders for concrete and provide laboratory compressive strength testing;
y. Attend meetings throughout the duration of the project as needed to provide technical advice on issues, project schedule, cost control and other related matters. z. Prepare reports to include: description of field procedures, tabulation of daily field compaction test data, laboratory data, conclusions and recommendations. Provide reports bearing the Registered Professional Engineer Seal with the signature and license number of the geotechnical engineer responsible for preparation of the report. (21) Stormwater, Flood Plain, and Hydrogeological Engineering Services a. Planning and design of water resources projects related but not limited to: the capture, retention and direct use of stormwater and surface water; groundwater recharge; multi-purpose watershed management facilities; low impact development (LID) measures; engineered wetlands for stormwater treatment; landscaping that utilizes native and other plant species for stormwater treatment and carbon sequestration; and stream and upland habitat creation and restoration.
b. Engineering assistance with construction, monitoring, and operations and maintenance.
c. Engineering assistance with National Pollutant Discharge Elimination System (NPDES) related programs.
d. Preparation of hydrology and hydraulic analysis and reports. e. Preparation of Water Quality Management Plans (WQMP), Stormwater Pollution Prevention Plans (SWPPP), or related NPDES documents/reports. 12 - 27
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(22) Biological Assessment Services
a. Provide biological assessment services from a qualified biologist who possesses a bachelor's degree in biology, zoology, wildlife biology, natural resources, ecology, conservation biology, environmental biology, or related field; and who has knowledge and demonstrated experience in identification of habitats and vegetation associations, local plant, and wildlife species in the vicinity of Los Angeles County / San Gabriel Valley.
b. Identify potential impacts to plants, animals, and habitats. c. Recommend mitigation measures to minimize impacts to plants, animals, and habitats.
d. Perform biological field investigations, surveys, studies and reports. e. Perform biological monitoring for compliance with biological mitigation measure and California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) mitigation compliance, including but not limited to habitat mapping & field surveys, wildlife corridor movement analyses, special status plant & wildlife surveys, arborist surveys, biological resource assessments and analyses, agency consultation & regulatory permitting, and construction & mitigation monitoring. f. Provide reviews and recommendations.
g. Attend project meetings.
(23) Ecology Assessment Services
a. Provide ecology assessment services, including but not limited to; environmental compliance, regulatory permitting, compliance/mitigation monitoring, ecosystem restoration, field explorations and studies, hiring and oversight of applicable subconsultants as required, preparation of construction plans, specifications and estimates, records research and such other services as may be required by the City. b. Perform environmental technical studies, reviews and reports for Federal and State Environmental Compliance.
c. Prepare and process applications for regulatory and environmental permits. d. Provide modeling and analysis including ecology impact analysis and mitigation studies and vulnerability assessments.
e. Prepare ecosystem, habitat and natural restoration and remediation plans, mitigation plans and wetland management plans.
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f. Provide design services during construction, including submittal review, periodic site visits, review of shop drawings, and preparing responses to contractor’s Request for Information (RFIs).
g. Prepare record (“as built”) drawings.
h. Attend project meetings.
(24) Building and Facility Assessment Services
g. Prepare comprehensive facility assessment studies that include survey, inspection, inventory of building components, assessment of the existing conditions, corrective recommendations, preventative maintenance recommendations, budget estimates and timeline for all corrective work and preventative maintenance for all City Facilities. h. Assess and provide recommendations on building envelopes, including condition of the outer shell of the building including walls, doors, windows and roofs. i. Assess and provide recommendations on structural integrity, including walls and foundations.
j. Assess and provide recommendations on interior walls, ceilings, signage, paint, wall coverings, flooring and casework.
k. Assess and provide recommendations on mechanical systems, HVAC, exhaust, ventilation and controls.
l. Assess and provide recommendations on electrical systems, both interior and exterior, including distribution and lighting.
m. Assess and provide recommendations on plumbing systems, both interior and exterior.
n. Assess and provide recommendations on elevator systems. o. Assess and provide recommendations on life safety and security systems, including adequacy of security for intended uses.
p. Assess and provide recommendations on Americans with Disabilities Act (ADA) Accessibility, both interior and exterior.
q. Assess and provide recommendations on preventative maintenance programs, requirements, or recommendations.
r. Assess and provide recommendations on sustainability components such as solar and alternative energy.
s. Assess and provide recommendations on space planning and present/future functional use of facilities.
t. Assess and provide recommendations on energy usage, perform energy audits. 12 - 29
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u. Provide recommendations for environmental abatement, including, but not limited to lead/asbestos.
v. Assess and provide recommendations on in accordance with the latest versions of the California Building Standards Code.
w. Assess and provide recommendations on in accordance with the requirements of the Secretary of the Interior Design Standards and local Historic Preservation Guidelines. (25) Archaeological & Cultural Resources Services
a. Monitor all ground disturbing activity including mass grading, grubbing/clearing, weed abatement, trenching and any excavation on previously disturbed and undisturbed ground.
b. Read and interpret of maps.
c. Recognize Tribal Cultural Resources such as artifacts, human remains, village sites, trade routes, midden deposits, etc.
d. Assist in the coordination of activity around and within a specified buffer from the tribal cultural resources finding(s).
e. Assist in ensuring all Tribal Cultural Resources, especially human remains and associated grave goods, are treated with culturally appropriate dignity and respect. f. Provide cultural resources consulting services, including but not limited to Phase I Records Searches & Survey Reports, Phase II Resource Evaluation Reports, Phase III Data Recovery Mitigation Reports, Phase IV Monitoring Mitigation Reports, paleontological assessments,
g. California Office of Historic Preservation Department of Parks and Recreation resource record form filing, constraints & feasibility analyses, Native American scoping & consultation, construction monitoring, and fossil salvage, identification, and preparation for curation.
h. Provide a written daily report detailing the date and time on site along with a full description of activities and any cultural findings.
i. Contact Tribal Chairman and/or the Tribal Archaeologist for concerns and opinions on Tribal Cultural Resources.
j. Hold necessary educational requirements and certification as directed. k. Provide a site Archaeologist who meets the Secretary of the Interior’s Standards for professional archaeology.
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(26) Assessment District Services
a. Obtain all available information from the City regarding the district, including the current assessment databases, electronic map files from the City, a listing of projected expenditures and revenues and any additional information. Update the current database files with the latest Assessor's parcel numbers and land use information. b. Review district budgets and confirm schedule; attend the City Council meetings considering the Resolutions of Intention and the public hearing, and provide technical support and answer questions.
c. Prepare the assessment report setting the annual assessment rates for the next fiscal year based on budget estimates from City. Furnish electronic copies of the draft reports and preliminary assessment rolls for review and comment. d. Prepare assessment Rolls in electronic format, as required by the County AuditorController for inclusion of assessments on the property tax bills. Submit the rolls to the County and, after receipt of the County's exception report, make any required corrections.
(27) Administrative Support Services
a. Provide clerical and secretarial support.
b. Prepare and develop correspondence, reports, memorandums, presentations, and other forms of communication for distribution across various organizations and as directed.
c. Review correspondence for signatures from members of assigned staff. Properly monitor and track correspondence as required. Distribute correspondence to all individuals in accordance with approved guidelines and processes. d. Review conformance with procedural instructions, grammar, typographical errors, accuracy, and necessary attachments.
e. Plan, coordinate, and organize events for assigned staff. f. Secure necessary equipment (projector, computer, etc.) to conduct briefings. g. Operate equipment (projector, computer, etc.) as required. h. Take attendance at meetings as necessary.
i. Distribute meeting documents as necessary to participants. j. Monitor a broad range of communication in order to make scheduling determinations and recommendations to assigned staff.
k. Maintain daily schedule of assigned staff.
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l. Have a thorough understanding of the mission, objectives, and organizational structure of the office to which assigned, in order to better interface and facilitate communications with others.
m. Communicate and interface with agencies and contractors to facilitate activities as assigned.
n. Participate in document meetings, conferences, etc.
o. Maintain assigned files and record systems as assigned. Search and retrieve documents from databases and files as requested and provide limited research to assigned staff as necessary. Prepare and coordinate documents for review by the staff and distribute as necessary.
p. Perform all actions required to schedule, coordinate, and setup/connect for video/teleconferencing as required.
q. Order and maintain approved inventory of standard office supplies for assigned staff utilizing approved process and procedures.
r. Assist staff with the completion of time and attendance submissions and maintain records as required.
s. Assist the assigned staff with official travel requirements. t. Receive telephone calls and visitors. Direct call or visitor to requested staff; redirect caller or visitor to appropriate staff as may be required. u. Complete routine duplication of documents utilizing provided duplication equipment. v. Assist in the authorized relocation of assigned staff and/or administrative assistance in setup of workspaces.
w. Prepare, obtain, and coordinate authorization to install, relocate, or remove voice and data lines using approved forms and processes.
x. Coordinate the sending and receiving of mail items as required. Obtain authorizing signature for Overnight Services.
(28) Document Management & Retention Services
a. Document scanning and digitization in multiple formats including standard office paper sizes, packets, microfilm/microfiche, large format, maps, slides, photos, books, and bound media.
b. Indexing and organizing physical documents materials per project/program designation and/or agency retention schedules.
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(29) Real Property Appraisal / Right of Way Acquisition Services a. Perform preliminary property investigations, including obtaining County Assessor information and review of previous similar appraisals in the area. b. Review preliminary title reports. Obtain if not provided by City. c. Perform, obtain, and review real property appraisals. Report format will comply with the standards of the Appraisal Institute.
d. Prepare and process appraisal summary statements.
e. Follow the Uniform Standards of Professional Appraisal Practice and the Caltrans Right of Way Manual as appropriate.
f. Provide Review Appraiser Certificates that have an independent, objective, written assessment of the appraisals.
g. Lead good faith negotiations to reach timely, amicable agreements. Be proactive in initial and follow-up contacts with property owners. Respond to owner’s requests for information and other follow through. Receive, review, and transmit information from property owners to City.
h. Prepare correspondence, diaries, forms, easement and right-of-way agreements, purchase offers, and deeds. Present documents to owners. i. Process documents for recordation of easements, agreements, and deeds. Close out files to support Caltrans Right of Way certification. Assist with Caltrans certification as necessary.
j. Contact and negotiate with lessees and handle any necessary subordination. k. Attend monthly coordination and other project meetings as necessary. l. Assure compliance with agreements during construction. m. Perform other real estate consulting services and related matters as requested by City.
Scope of services that require possession and maintenance of a valid Professional Civil Engineering license and/or California Professional Engineering license for the discipline of work, must be provided in accordance with the California Business and Profession Code and section 3300 of the California Public Contract Code.
Scope of services that include public works project work as defined by California Labor Code Section 1720, et seq. and 1770, et seq., then pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
No proposal will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Respondent and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. 12 - 33
City of South Pasadena Public Works On-Call Professional Services
V. TERM OF AGREEMENT
The term of the agreement shall be for three (3) years.
With an option to extend for two additional years.
VI. PROPOSAL REQUIREMENTS
The proposal must include the following information:
1. COVER LETTER: Include the name, address, telephone number, and email address of the consulting firm. The name and email address of the firm's authorized contract signatory. The name, email address, and telephone number of the firm's individual consultant proposed to be assigned to the City.
2. STATEMENT OF QUALIFICATIONS (SOQ):
Proposers are invited to respond to one or any combination of the listed items/disciplines that are within their area(s) of expertise. A proposal must be explicitly submitted for each discipline to be considered for that discipline.
2.a. BACKGROUND: Describe your firm's background, experience, and project qualifications in providing the requested services. Include a list of agencies or consulting firms to which you have provided similar services.
2.b. STAFF'S EXPERIENCE & AVAILABILITY: Provide resumes describing the qualifications of the staff that will be available and working on this project. Provide a list of similar projects and clients that your proposed Project Manager and Project Engineer have completed work for in the past 10 years.
2.c. SUB-CONSULTANT’S EXPERIENCE & AVAILABILITY: Provide a list of all proposed sub consultants that will be available and working on these projects, their background and qualifications, and degree of involvement.
2.d. PROJECT CONTROLS: Describe your firm’s ability to control costs and provide accurate and timely invoices; to monitor and stay within budget, to monitor schedule and review times and describe the techniques used to complete projects within the proposed time frames.
3. REFERENCES: Provide a minimum of three (3) references the City may contact concerning your performance on other similar tasks/projects, preferably in the Southern California area.
Include a brief description of the work provided for each reference. The references should include the start date of the contract and the date of completion for each contract.
6. ACCEPTANCE STATEMENT: Submit a signed statement that the firm accepts all the terms and conditions outlined in the City's standard professional services agreement (attached) and 12 - 34
City of South Pasadena Public Works On-Call Professional Services
can meet all insurance requirements made part of the agreement unless otherwise stated in the proposal exceptions.
7. PROPOSAL EXCEPTIONS: The proposer must identify any and all exceptions to the terms and conditions in the RFQ process (inclusive of the standard professional services agreement, insurance, etc.) and identify the firm's proposed specific changes for consideration by the City. By submitting a proposal, your firm acknowledges and accepts all terms and conditions in this RFQ process, including all addendum, amendments, or supplements; unless otherwise explicitly stated in the exceptions.
8. FEE PROPOSAL/SCHEDULE: Submit in a separate sealed envelope for the tasks involved. Provide an hourly rate fee schedule applicable to all staff proposed. Also, include overtime hourly rates, mileage costs and pricing for any additional billing requirements (such as production fees, etc.), if applicable. Rates shall remain valid for the three years of the agreement. Thereafter, rates may be reviewed on an annual basis, if proposed; however, any proposed rate increase shall not exceed the current Consumer Price Index (CPI). Hourly rates quoted at the commencement of any specified project shall remain valid throughout the duration of that project.
9. PROPOSER QUALIFICATIONS SUBMISSION FORM: Proposals shall utilize the Proposer Qualifications Submission Form at the end of this document. All applicable scope of services shall be selected. Where a proposer is submitting qualifications for a specific area of a scope of service, the proposer shall specify which sub-item is selected. For example, where a proposer is not submitting qualifications for the entirety of scope of services item #28, Document Management & Retention Services, the proposer may specify #28(a) or #28(b) as a partial qualification of the scope of service item instead of the entire item.
VII. EVALUATION OF PROPOSALS
To be considered responsive, proposers must respond to this solicitation according to the requirements, specifications, commercial terms, and provisions as described and set forth herein.
Proposals must embrace a concept that the successful proposer will satisfy all of the objectives and service specifications most cost-effectively and efficiently possible as outlined in this document. The City reserves the right to make such alterations, deviations, additions to or deletions, or in any combination to the proposed RFQ. The City may award the projects in any combination.
All proposals will be reviewed based on the firm's ability to provide services that meet the requirements outlined in this RFQ, as well as the company's responsiveness, qualifications, past experience, and fee. The City reserves the right to make such investigations, as it deems necessary to determine the proposer's ability to provide services meeting a satisfactory level of performance in accordance with the City's requirements.
By submitting a proposal, each proposer represents and warrants the following:
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City of South Pasadena Public Works On-Call Professional Services
All terms and conditions as presented in this RFQ process are acknowledged and accepted, unless otherwise explicitly stated in the proposal;
The proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal; and
The proposer has not, and will not, offer any City employee any gratuity, discount, or offer of employment connected with the award of a contract by City.
Interviews and presentations by one, several, or all of the proposers may be requested by the City if deemed necessary to understand and compare the proposer's capabilities and qualifications fully. The adequacy, depth, and clarity of the proposal will influence its evaluation to a considerable degree.
VIII. SUBMISSION PROCEDURES
A. RFP QUESTIONS
All questions regarding this RFQ shall be submitted by 5:00 PM on May 9, 2022, to the Online Q&A Section on Plant Bids. The City reserves the right to respond to any or none of the questions, depending on their merit.
B. CONTRACT AWARD SCHEDULE
The tentative schedule for consultant selection and agreement award is provided below. The City reserves the right to make changes to the schedule, as deemed beneficial to the City's interest.
RFQ Issuance: April 26, 2022
Proposals Due: May 19, 2022
Consultant Interview (if any) To Be Determined
Agreement Award To Be Determined
C. PROPOSAL SUBMISSION
All proposals must be submitted no later than 5:00 PM on May 19, 2021. Proposals received after the deadline will not be considered.
Proposals shall be submitted electronically to Planet Bids. Submit all fees and cost proposals in an electronically sealed envelope on Planet Bids. A link to the Planet Bids system is available on the City’s website at the following location:
https://www.southpasadenaca.gov/government/city-clerk/request-for-proposals The submittal package shall include all required information and documents as stated herein.
Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions contained in this RFQ, including all exhibits, attachments, and any amendments or addendum issued by the City.
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City of South Pasadena Public Works On-Call Professional Services
Proposer Qualifications Submission Form
Scope of Services Item
Select one of these two options:
All items under
this service are
applicable.
Place a check ()
Specify which items under this
service are applicable.
List (a), (b), (c), etc. from
IV. SCOPE OF SERVICES
(1) Civil Design Engineering Services
(2) Structural Design Engineering Services
(3) Facility Design Engineering Services
(4) Landscape and Irrigation Design Services
(5)
Public Works and Development Land Use,
Subdivision Control, Map and Plan Check
Services
(6) Traffic/Transportation Engineering Services
(7) Pavement Management Services
(8) Geographic Information Systems (GIS)
Support Services
(9) Computer Aided Drafting (CAD) Design
Services
(10) Surveying Services
(11) Program, Project & Grant Management
Services
(12) Environmental Consulting and Document
Services
(13) Environmental Monitoring Services
(14) Environmental Engineering Services
(15) Sustainability, Electrical, Solar, and Energy
Design and Assessment Services
(16) Construction Management Services
(17) Inspection Services
(18) Labor Compliance Services
(19) Seismic and Structural Examination Services
(20) Material Testing and Geotechnical
Engineering Services
(21) Stormwater, Flood Plain, and Hydrogeological
Engineering Services
(22) Biological Assessment Services
(23) Ecology Assessment Services
(24) Building and Facility Assessment Services
(25) Archaeological & Cultural Resources Services
(26) Assessment District Services
(27) Administrative Support Services
(28) Document Management & Retention Services
(29)
Real Property Appraisal / Right of Way
Acquisition Services
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ATTACHMENT 2
List of Firms that Submitted Proposals
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List of Firms that Submitted Proposals
AGA Engineers, Inc.
Alta Planning + Design
Annealta Group
Bender Rosenthal Inc.
Biotesting Inc.
Bucknam Infrastructure Group
Bureau Veritas North America, Inc.
Cabrinha, Hearn & Associates
Chambers Group, Inc.
Chris Nelson & Associates, Inc.
Climatec LLC
Coffman Engineers, Inc.
Craftwater Engineering
Cumming Management Group, Inc.
David Taussig and Associates
David Volz Design Landscape Architects Inc
Dokken Engineering
dSantana Arquitectura
Earth systems Pacific
Epic Land Solutions, Inc.
EvGateway
FEI ASSOCIATES CONSULTING ENGINEERS
Geo-Advantec, Inc.
Geocon West, Inc.
GEOinovo "Mapping" Solutions Inc.
Gibson Transportation Consulting, Inc.
Hans Baumann Landscape Architecture
HDR Engineering, Inc.
HNTB Corporation
IMEG Corporation
JMDiaz, Inc. (JMD)
KABBARA ENGINEERING
KOA Corporation
LAE Associates Inc
Marx|Okubo Associates, ltd.
MINAGAR & ASSOCIATES, INC.
Monument
MTGL, Inc.
Nabih Youssef & Associates
Ninyo & Moore
NOVA Geotechnical and Inspection Services
NV5, Inc.
ONYX Architects, Inc.
Overland, Pacific & Cutler
P2S Inc.
Pacifica Services, Inc
PacRim Engineering, Inc.
Paragon Partners Consultants, Inc.
PBK
Psomas
Public Works Consulting Engineers, Inc.
Risha Engineering Group, Inc.
RMA Group
RRM Design Group
S&L Engineers, Ltd.
SA Associates
SEITec
Simpson & Simpson
Synchronis
Terracon Consultants, Inc.
THE CONVERSE PROFESSIONAL GROUP
TJW Engineering, Inc
Toole Design Group, LLC
ULTRASYSTEMS ENVIRONMENTAL
INCORPORATED
W.G. Zimmerman Engineering, Inc.
Willdan Engineering
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ATTACHMENT 3
Master On-Call Professional Services Agreement
To be submitted as an Additional Document
12 - 40
ATTACHMENT 4
List of Selected Consultants per Discipline
To be submitted as an Additional Document
12 - 41
274722.1
City Council
Agenda Report
DATE: July 20, 2022
FROM: Andrew L. Jared, City Attorney
SUBJECT: Confirmation of Second Amendment to Employment Agreement with City Manager Arminé Chaparyan
Recommendation
It is recommended that the City Council authorize the Mayor to sign the amended City Manager’s employment agreement.
Discussion
City Manager Chaparyan has served as City Manager since May 31, 2021. Pursuant to the South Pasadena Municipal Code, the City Manager is appointed by Council on the basis of her administrative and executive ability and qualifications. The employment agreement established a salary of $215,000 per year. The employment agreement requires that after six months of employment, an initial performance evaluation shall be conducted by the Council, and that a performance evaluation will be conducted on the one-year anniversary of employment and every anniversary thereafter.
On February 2, 2022, the Council concluded the initial performance evaluation and voted unanimously to direct the City Attorney to return with a staff report and contract amendment to amend the City Manager employment agreement by increasing the base salary by three percent (3%). The base salary in Paragraph 3.A. of the employment agreement will be changed to $221,450.00 per year, effective immediately. All other terms remained unchanged. The employment agreement was amended on February 16, 2022 with the Amendment to Employment Agreement.
On July 7, 2022, the Council concluded the annual evaluation, and following a successful evaluation, voted unanimously to direct the City Attorney to return with a staff report and contract amendment to amend the City Manager employment agreement by increasing the base salary by three percent (3%). The base salary in Paragraph 3.A. of the employment agreement will be changed to $228,093.50 per year, effective immediately, and the term stated in paragraph 2 shall be extended by an additional year, to May 31, 2026. All other provisions of the Agreement remained unchanged.
In compliance with Government Code Section 54953(c)(3), the City Council must orally report a summary of the recommendation for final action for action on salaries, salary schedule, or compensation paid in the form of fringe benefits of a local agency ITEM NO. 13
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Second Amendment to City Manager Employment Agreement
July 20, 2022
274722.1
executive in the meeting which the final action is to be taken. Such summary is as follows:
“The City Council is proposing to modify paragraph 3.A. of the employment agreement with Armine Chaparyan as City Manager by increasing the base salary from the current amount of $221,450.00 by three percent to $228,093.50, and extending the duration of the contract is section 2 of the Agreement through May 31, 2026, with all other terms of the agreement to remain unchanged.” Recommendation
It is recommended that the City Council authorize the Mayor to sign the amended City Manager’s employment agreement.
Fiscal Impact
The salary increase of $6,643.50 is within the budgeted amount for this position.
Attachment:
Second Amended Employment Agreement with City Manager Arminé Chaparyan 13 - 2
ATTACHMENT
Second Amended Employment Agreement with
City Manager Arminé Chaparyan
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274820.1
iManage\49063\0001\285323.v1-6/24/22
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
THIS AMENDED AGREEMENT is made and entered into this 20th day of July, 2022, by and between the CITY OF SOUTH PASADENA, California, a Municipal Corporation, hereinafter called the “City,” and Arminé Chaparyan, hereinafter called “Employee.”
RECITALS
WHEREAS, Employee has served as City Manager from May 31, 2021 to present pursuant to an Employment Agreement dated May 5, 2021 (“Agreement”), and; WHEREAS, pursuant to the Agreement, City Council is to review and evaluate Employee’s performance annually on the anniversary of the Agreement; WHEREAS, the City Council concluded its annual performance evaluation on July 7, 2022, and desires to increase the salary stated in the Agreement by three percent (3%), and extend the term of the Agreement by a year from an end date of May 31, 2025 to an end date of May 31, 2026;
NOW, THEREFORE, in consideration of the mutual covenants contained, the parties agree as follows:
1. The annual base salary stated in paragraph 3.A. of the Agreement shall be increased to $228,093.50, effective immediately;
2. The term stated in paragraph 2 of the Agreement shall be extended to May 31, 2026, effective immediately; and
3. This Second Amended Agreement shall modify the terms of the Agreement only to the effect as stated herein. All other terms of the Agreement shall remain unchanged.
IN WITNESS WHEREOF the City of South Pasadena has caused this Amended Agreement to be signed and executed on its behalf by its Mayor and duty attested by its Chief City Clerk, and the Employee has signed and executed this Amended Agreement, both in duplicate as of the day and year first above written.
CITY OF SOUTH PASADENA EMPLOYEE
______________________________ ______________________________ Michael Cacciotti Date Arminé Chaparyan Date
MAYOR
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274820.1
iManage\49063\0001\285323.v1-6/24/22
ATTEST: Approved as to Form:
__________________________ ____________________________ Christina Munoz Andrew L. Jared
CITY CLERK CITY ATTORNEY
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14 14 - 1
DATE:
FROM:
City Council
Agenda Report
July 20, 2022
Armine Chaparyan, City Manager /rv
PREPARED BY: Christina Munoz, Deputy City Clerk
Alma Medina, Senior Management Analyst
ITEM NO.
SUBJECT: Adoption of a Resolution Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City, for the Period of August 16, 2022 through September 15, 2022
Recommendation
It is recommended that the City Council approve the attached resolution authorizing remote teleconference meetings of the legislative bodies of the City, for the period of August 16, 2022 through September 15, 2022.
Background
Beginning in March 2020, Governor Newsom issued a series of Executive Orders aimed at containing the novel coronavirus. Executive Orders-N-25-20, N-29-20, and N-35-20 (Brown Act Orders) waived requirements in the Brown Act expressly or impliedly requiring the physical presence of city councilmembers, staff, or the public at local agency meetings. Specifically, the orders:
• waived the requirement that local agencies provide notice of each teleconference location from which a member of the legislative body will be participating in a public meeting,
• waived the requirement that each teleconference location be accessible to the public,
• waived the requirement that members of the public be able to address the legislative body at each teleconference conference location, • waived the requirement that local agencies post agendas at all teleconference locations, and,
• waived the requirement that at least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.
On June 11, 2021, the Governor issued Executive Order N-08-21 , to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, N-08-21 rescinds the Brown Act Orders, effective September 30, 2021 .
Emergency Declaration/AB 361
July 20, 2022
On March 18, 2020, pursuant to Government Code Section 8630(c), the South Pasadena City Council adopted Resolution No. 7646 declaring a local emergency, restricting private and public gatherings, and establishing protections for residential and commercial tenants, among other things.
On September 16, 2021, Governor Newsom signed AB 361, which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the Brown Act Orders. Unlike the Brown Act Orders, AB 361 requires the City to make affirmative findings to take advantage of the more flexible teleconferencing standards.
AB 361 added Government Code section 54953, subdivision (e)(3), which states:
“If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference … the legislative body shall, not later than 30 days after teleconferencing for the first time … and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.”
The attached resolution makes the necessary findings authorizing the City to use teleconferenced meetings for the next 30 days. The City will need to adopt a resolution finding a public need to host teleconferenced meetings at subsequent meetings if it desires to maintain fully remote or hybrid meetings. The previously approved Resolution No. 7780, authorized remote teleconferencing of meetings of the legislative bodies of the City for the period of August 16, 2022 through September 15, 2022. The next Council meeting is scheduled for August 17, 2022, so staff is proposing the resolution be approved at this meeting in order to continue the authorization of remote teleconferencing of meetings, without the resolution being expired.
The proposed actions to preserve life, property, and public order are consistent with California Government Code section 8634 and South Pasadena Municipal Code Chapter 11.
The City of South Pasadena is committed to keeping our community safe amidst the recent surges in COVID-19 cases. Since the June 15 reopening of everyday activities in the State of California, there was a nationwide rise in new COVID-19 cases because of the more contagious Delta and Omicron variants. The Los Angeles County Department of Public Health continues to track variant cases in Los Angeles County. 14 - 2
Emergency Declaration/AB 361
July 20, 2022
In response to drastic increases in cases and resultant hospitalizations, and to lessen the severity of the Omicron and Delta variant surge in Los Angeles County and protect against overwhelming the health care delivery system, the Los Angeles County Public Health Officer issued a revised order on December 31, 2021, revising Isolation and Quarantine Requirements to mainly align with the State Public Health Officer’s revised Guidance issued December 30, 2021.
On January 10, 2022, the Los Angeles County Public Health Officer issued an updated order, Responding Together At Work and In the Community, revising the Isolation and Quarantine Requirements to align with the State Public Health Officer’s revised Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public, released on January 8, 2022.
The County of Los Angeles is currently experiencing increases in COVID-19 cases and test positivity rates, and related hospitalizations are no longer in decline. The percentage of cases caused by the more easily transmitted BA.2 and BA.2.12.1 subvariant, which can cause mild or asymptomatic illness in vaccinated people if they get infected, has raised concern. Subvariant BA.4 and BA.5, known to be highly infectious and evade some of the vaccine protection, have been seen across the state and are being monitored by Health officials.
On April 22, 2022, the Los Angeles County Public Health Officer issued an updated order, Responding Together At Work and In the Community, Post Winter Surge Community Monitoring and Continued Response Measures, to require masks in all public transit within the County.
Analysis
For the past few weeks, COVID-19 cases in Los Angeles County have surged with the highly transmissible Omicron variant of the virus. The City has implemented several precautionary measures to ensure the health and safety of the community, including a return to fully virtual meetings of legislative bodies during the months of January and February.
City facilities are open and municipal services are available to residents and businesses. Appointments are highly encouraged and online services are available to continue to provide services to the community. In-person events have been cancelled or postponed to prevent the spread of the virus.
On September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361) which amends the Ralph M. Brown Act to allow meetings of legislative bodies to be conducted via teleconference under certain conditions.
AB 361 allows a local agency legislative body to hold a meeting utilizing teleconferencing without complying with the Brown Act’s standard teleconferencing requirements if the Governor has proclaimed a State of Emergency and any of the following circumstances are present:
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Emergency Declaration/AB 361
July 20, 2022
• State or local officials have imposed or recommended measures to promote social distancing.
• The meeting is being held for the purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
• The legislative body has determined by majority vote that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
If those circumstances are met and the City passes a resolution authorizing holding meetings by teleconference, then the City may hold meetings by teleconference if they comply with the following standards:
• Notice of the meeting must be given as required by the Brown Act. • The agenda must state how members of the public can access the meeting and offer public comment, including attendance by call-in option and/or internetbased service option. If the meeting broadcast or access to participation is disrupted (e.g., by technology issues), the City cannot take further action on agenda items until public access to the meeting is restored. • The City cannot require public comments be submitted in advance of the meeting, but instead must provide an opportunity for real-time participation by members of the public. The City can encourage public comment be submitted before meetings.
• If the City provides a timed public comment period for each agenda item (i.e., 20 minutes per item), it cannot close public comment until that time period has concluded. If the City does not provide a timed public comment period for each agenda item, then it must allow a reasonable amount of time for members of the public to participate.
Due to the recent increases in COVID-19 transmission rates, and concerns regarding the health of officials and the public required to attend in-person meetings, the attached resolution allowing remote participation at public meetings is recommended.
Fiscal Impact
With the State declaration of a health emergency, local COVID-19 response efforts may be eligible for state or federal reimbursement. The costs of responding to COVID-19 are unknown at this time due to evolving conditions but are being tracked by staff. The costs of conducting teleconference meetings have been factored into the City’s budget.
Attachment: City Council Resolution
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ATTACHMENT
City Council Resolution
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270845.1
CITY OF SOUTH PASADENA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SOUTH PASADENA, CALIFORNIA,
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF
THE LEGISLATIVE BODIES OF THE CITY OF SOUTH PASADENA
FOR THE PERIOD OF AUGUST 16, 2022 THROUGH SEPTEMBER 15, 2022,
PURSUANT TO BROWN ACT PROVISIONS
WHEREAS, the City of South Pasadena is committed to preserving and nurturing public access and participation in the meetings of its legislative bodies; and WHEREAS, all meetings of the City of South Pasadena’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or humancaused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a state of emergency to exist in California as a result of COVID; and WHEREAS, on March 4, 2020, the Chair of the Los Angeles County Board of Supervisors and the Los Angeles County Health Officer declared a local emergency and a local health emergency, respectively, as a result of COVID-19; and WHEREAS, on March 18, 2020, the South Pasadena City Council adopted Resolution No. 7646 declaring a local emergency, restricting private and public gatherings, and establishing protections for residential and commercial tenants, among other things; and the South Pasadena City Council renewed the declaration of local 14 - 6
270845.1
emergency on May 6, 2020 (Resolution No. 7648), June 17, 2020 (Resolution No. 7657), August 5, 2020 (Resolution No. 7669), August 19, 2020 (Resolution No. 7678), October 21, 2020 (Resolution No. 7685), December 16, 2020 (Resolution No. 7690), February 17, 2021 (Resolution No. 7703), April 7, 2021 (Resolution No. 7713), June 2, 2021 (Resolution No. 7721), July 21, 2021 (Resolution No. 7726), September 15, 2021 (Resolution No. 7732), November 3, 2021 (Resolution Nos. 7734 and 7739), December 1, 2021 (Resolution No. 7741), December 15, 2021 (Resolution No. 7743), January 12, 2022 (Resolution No. 7746), February 2, 2022 (Resolution No.7749), March 2, 2022 (Resolution No. 7755), May 18, 2022 (Resolution No. 7764), June 15, 2022 (Resolution No. 7770); and July 7, 2022 (Resolution No. 7780); and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361, which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the Brown Act Orders; and
WHEREAS, the County of Los Angeles is currently experiencing increases in COVID-19 cases and test positivity rates, and related hospitalizations are no longer in decline. The percentage of cases caused by the more easily transmitted BA.2 subvariant, which can cause mild or asymptomatic illness in vaccinated people if they get infected, has raised concern.
WHEREAS, on April 22, 2022, the Los Angeles County Public Health Officer issued an updated order, Responding Together At Work and In the Community, Post Winter Surge Community Monitoring and Continued Response Measures, to require masks in all public transit within the County.
WHEREAS, the City previously adopted Resolution No. 7764 finding that the requisite conditions exist for the City of South Pasadena to conduct teleconference meetings under California Government Code section 54953(e); and WHEREAS, Government Code section 54953(e)(3) requires the legislative body adopt certain findings by majority vote within 30 days of holding a meeting by teleconference under Government Code section 54953(e), and then adopt such findings every 30 days thereafter; and
WHEREAS, the City will continue to ensure public access to meetings of its legislative bodies pursuant to the relevant sections of the Government Code as it has done throughout the Governor’s declaration of a State of Emergency.
WHEREAS, the City of South Pasadena desires to continue to have the ability to hold its public meetings by teleconference consistent with Government Code section 54953(e).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Recitals. The preceding Recitals are true and correct and are 14 - 7
270845.1
hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein.
SECTION 2. Proclamation. The City Council does hereby find:
A. That a state of emergency continues to exist within our community, and that the Los Angeles County Department of Public Health continues to recommend measures to promote social distancing;
B. That as a consequence of the State and local emergencies and the physical distancing requirements recommended by the State and local public health officers, the City Council does hereby find that the legislative bodies of the City of South Pasadena may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
C. That the City will continue to ensure public access to meetings of its legislative bodies pursuant to the relevant sections of the Government Code as it has done throughout the Governor’s declaration of a State of Emergency.
SECTION 3. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of South Pasadena are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act. Furthermore, City Manager and staff are directed to return to the City Council no later than thirty (30) days after the adoption of this resolution for the City Council to consider whether to again make the findings required to meet under the modified teleconference procedures of AB 361.
SECTION 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of September 15, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of South Pasadena may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED, APPROVED AND ADOPTED on this 20th day of July, 2022.
Christina Muñoz, Deputy City Clerk
Michael A. Cacciotti, Mayor
ATTEST:
APPROVED AS TO FORM:
Andrew L. Jared, City Attorney
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270845.1
I HEREBY CERTIFY the foregoing Resolution No. XXXX was duly adopted by the City Council of the City of South Pasadena, California, at a regular meeting held on the 20th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
___
Christina A. Muñoz, Deputy City Clerk
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15 15 - 1
City Council
Agenda Report
DATE: July 20, 2022
FROM: Armine Chaparyan, City Manager ~
PREPARED BY: Sheila Pautsch, Community Services Director ITEM NO.
SUBJECT: Discretionary Funds Request from Councilmember Jack Donovan for Various Items
Recommendation
It is recommended that the City Council approve the following discretionary funds requests: $500 to assist with the cost of flowers for the South Pasadena Tournament of Roses float, $1 ,500 to assist with the cost of the Summer Concerts in the Park series, and $1,500 and an additional $1 ,500 for the Summer Movies in the Park.
Background
In September 2004, the City Council approved the creation of discretionary spending budgets that allow each Councilmember the opportunity to fund projects or purchases that might not otherwise be funded in the approved budget. Discretionary funds must be used for a public purpose benefiting the City. The Fiscal Year 2021-22 Budget includes $20,000 of Discretionary Funds, which amounts to $4,000 per Councilmember.
Attachment A provides a table, which displays the current Discretionary Fund balances, and includes the request being considered in the staff report.
Analysis
On June 15, 2022, Councilmember Donovan requested approval and received a second from Councilmember Mahmud to use discretionary funds to assist with the cost of the flowers for the South Pasadena Tournament of Roses float, the cost of the Summer Concerts in the Park series and an additional $1,500 for the Summer Movies in the Park.
Fiscal Impact
Sufficient funds are available in the FY 2021-22 City Council Discretionary Budget Account 101-1010-1011-8021 .
Attachment: Discretionary Fund Request Table
ATTACHMENT
Discretionary Fund Request Table
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City Council Discretionary Funds
Fiscal Year 2021-22
District 1 District 2 District 3 District 4 District 5
Zneimer Donovan Primuth Cacciotti Mahmud
Current Year Allowance Beginning Balance $4,000 $4,000 $4,000 $4,000 $4,000 Date
Pledged Description
2/2/2022 Festival of Balloons Fireworks Show $500 $1,000 2/15/2022 Festival of Balloons Fireworks Show $500
5/4/2022 July 4th Theatrical Presentation $1,000 $500 $588 $3,000 $500 6/15/2020 Plants and Butterfly Project at the Nature Park $1,500 6/15/2022 Flowers for South Pasadena Tournament of Roses $1,000 6/15/2022 Design and Creation of Sign for Nature Park $1,500 Available 6/16/2022 $0 $3,500 $2,912 $0 $0
Flowers for South Pasadena Tournament of Roses $500
Summer Movies in the Park $1,500
Summer Concerts in the Park $1,500
Ending balance $0 $0 $2,912 $0 $0
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16 16 - 1
DATE:
FROM:
PREPARED BY:
SUBJECT:
Recommendation
City Council
Agenda Report
July 20, 2022
Armine Chaparyan, City Manager ~
Paul Riddle, Fire Chief
ITEM NO.
Authorize the City Manager to Accept a Grant Award (Measure B) Los Angeles County Department of Health Services in an Amount not to Exceed $85,060 for the Purchase of Two
Cardiac Monitors/Defibrillators
It is recommended that the City Council:
1. Authorize the City Manager to accept a grant award from the Los Angeles County (County) Department of Health Services (OHS) Emergency Medical Services Agency (EMS Agency) in an amount not to exceed $85,060;
2. Increase line-items for revenue "Miscellaneous Grants" 101-0000-0000-5071-003 and expenditure "Medical Supplies" 101-5010-5011-8025 by $85,060;
3. Authorize the purchase of two cardiac monitor/defibrillators (Monitors) from Zoll Medical Corporation in the amount of $84,989; and
4. Waive bidding requirements and authorize a single source purchase pursuant to South Pasadena Municipal Code (SPMC) Section 2.99-29(11 )U).
Background
On November 6, 2002, Los Angeles County voters approved Measure B, which authorized the levy of a special tax on building improvements to provide funding for the countywide system of trauma centers, emergency medical services, trauma prevention, and bioterrorism response throughout the County. Each fiscal year, agencies who participate in the County's 9-1-1 system are eligible to submit a funding proposal to purchase or lease necessary medical supplies, equipment, or materials.
Proposals for Measure B funding are submitted to the Measure B Advisory Board (MBAB) each year from April 1 through July 15, and are reviewed and ranked by the MBAB using a three-level ranking system. For fiscal year 2020/21 , the MBAB received 39 funding proposals for consideration. The amount of Measure B unallocated funding available to fund these projects totaled approximately $13.0 million. The 52 funding proposals were considered by the MBAB members and then ranked based on their level of priority.
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Measure B Grant Funds
July 20, 2022
Analysis
South Pasadena Fire Department (SPFD) submitted a project proposal and requested funding in the amount of $85,060 for the purchase of upgraded advanced life support (ALS) medical equipment. The MBAB ranked SPFD's proposal as a "high prioritt and on February 7, 2022, approved the funding request. The approved proposal included the purchase of two Monitors. The requested equipment will enable SPFD apparatus to be fully equipped with ALS level response capabilities at all times.
The monitors will be a single source purchase from Zoll Medical Corporation (Zoll), pursuant to SPMC Section 2.99-29(11 )(j), which authorizes the Council to waive purchasing procedures when in the opinion of the Council compliance with the procedure is not in the best interest of the City. The equipment provided by Zoll is equipped with proprietary software called "See through CPR" and "Real CPR". This technology allows paramedics to view the underlying heart rhythm of patients in fullcardiac arrest even while cardiopulmonary resuscitation (CPR) is being performed. The new equipment will also improve the level of care and patient survivability by eliminating the need for paramedics to temporarily stop CPR while the patient is being moved during transport. These unique features separate Zoll from other manufacturers and make these devices the best choice for pre-hospital treatment of cardiac patients in South Pasadena. SPFD currently utilizes this technology from Zoll on both the frontline and reserve apparatus.
Fiscal Impact
The approved equipment will be purchased from the Fire Department's Medical Supplies Account (101-5010-5011-8025). The purchases will require a budget amendment, to increase to Medical Supplies Account by $85,060 and record the revenue in account number 101-0000-0000-5071-003.
Once the purchase of equipment has been executed, invoices shall be submitted to the County DHS EMS Agency for reimbursement. The invoices are to be submitted within 30 days of receiving the equipment. The County shall provide reimbursement within 90 days of receipt of completed invoices.
Commission Review and Recommendation
This matter was not reviewed by any Commission.
Attachments:
1. Measure B Advisory Board Recommendations for 2021 Funding
2. Pre-Hospital Emergency Medical Care Enhancement Program Memorandum of Agreement
3. Quote from Zoll Medical Corporation for two cardiac monitors ATTACHMENT 1
Measure B Advisory Board Recommendations
for 2021 Funding
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FESIA A. DAVENPORT
Chief Executive Officer
County of Los Angeles
CHIEF EXECUTIVE OFFICE
Kenneth Hahn Hall of Administration
500 West Temple Street, Room 713, Los Angeles, California 90012 (213) 974-1101
http://ceo.lacounty.gov
February 7, 2022
To:
From:
Supervisor Holly J. Mitchell, Chair Supervisor Hilda L. Solis Supervisor Sheila Kuehl Supervisor Janice Hahn Supervisor Kat n Barger
Fesia A. Davenpo '
Chief Executive Office
Board of Supervisors
HILDA L. SOUS Firs\ District
HOLLY J. MITCHELL
Second District
SHEILA KUEHL
Third Dist ricl JANICE HAHN
F OU rth O istrict
KATHRYN BARGER
Fifth District
MEASURE B ADVISORY BOARD RECOMMENDATIONS FOR SPENDING
AVAILABLE UNALLOCATED 2021 MEASURE B FUNDS
On July 11, 2017, the Board of Supervisors (Board) approved a motion by Supervisors Barger and Hahn that directed the Chief Executive Office (CEO) to implement the Measure B Advisory Board (MBAB) to guide the Board on options and/or recommendations for spending unallocated Measure B funds. This is the third annual report to the Board regarding the work completed by the MBAB and recommendations for spending unallocated Measure 8 funds. In 2020, the MBAB process was suspended due to COVID-19.
BACKGROUND
In November 2002, voters in the County of Los Angeles (County) approved Measure B, which authorized the County to levy a special tax on building improvements to provide funding for the countywide system of trauma centers, emergency medical services, and for bioterrorism response throughout the County.
As directed in the July 11, 2017 Board motion, the MBAB will provide advice to the Board on options and/or recommendations for spending future unallocated Measure B funds.
Actual allocation of funding will be solely at the discretion of the Board and contingent upon Board approval.
"To Enrich Lives Through Effective And Caring Service"
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Each Supervisor
February 7, 2022
Page2
The MBAB is co-chaired by budget managers from the CEO Health and Mental Health Services Division and the County's Emergency Medical Services Agency (EMS) and includes one member from each of the following entities: Auditor-Controller, Department of Health Services (OHS), Department of Public Health, County of Los Angeles Fire Department, a representative of non-County trauma hospitals, as appointed by the Hospital Association of Southern California, the chair (or delegate) of the Los Angeles County Emergency Medical Services Commission, a surgeon practicing at a trauma hospital in the County as appointed by the Southern California chapter of the American College of Surgeons, and a registered nurse practicing in an emergency department of a designated trauma hospital in the County, as appointed by the California Nurses Association.
Proposals for the Measure B funding are submitted to the MBAB each year from April 1 through July 15 and are reviewed and ranked by the MBAB using a three-level ranking system. Additional information on the Measure B funding process can be found in Attachment I.
MEASURE B PROPOSALS FOR 2021
The MBAB received 39 funding proposals for consideration; however, one proposal was removed prior to the MBAB's review of the proposal submission, based on County Counsel's review and determination that the proposal was for expenditures not authorized for Measure B funding, and five proposals were withdrawn by the proposers, leaving 33 proposals for consideration. Of the 33 proposals submitted, many contained requests for multiple components resulting in the MBAB ranking 52 distinct projects.
The amount of Measure B unallocated funding available to fund these projects totaled approximately $13.0 million. The 52 proposed projects totaling $25,741,641 were considered by the MBAB members and then ranked based on their level of priority. The description of each proposal and their numeric ranking is included in Attachment II.
RECOMMENDATIONS
Based on the evaluation conducted by the MBAB and the $13.0 million of funding available to cover the cost of these requests, the CEO is recommending that the Board approve one-time funding for all proposals receiving a ranking of 1. 75 or higher, totaling approximately $12.52 million, as shown on Attachment II. This would fund 28 of the 52 proposed projects. If the Board approves these recommendations, the CEO will work with EMS and the impacted County and non-County entities to implement these initiatives. Unless otherwise instructed by the Board by February 21, 2022, the CEO will work with the EMS and OHS to allocate funding as outlined herein, to the requesting 16 - 6
Each Supervisor
February 7, 2022
Page3
organizations. Final funding allocations will be approved as part of the Board's regular budget process.
If you have any questions concerning this matter, please contact me or Mason Matthews, Budget and Finance Division, at (213) 974-2395 or [email protected].
FAD:JMN:MM
MM:EB:cc
Attachments
c: Executive Office, Board of Supervisors
County Counsel
Aud it or-Co ntro lier
Emergency Medical Services Agency
Fire
Health Services
Public Health
California Nurses Association
Hospital Association of Southern California
Southern California Chapter, American College of Surgeons 16 - 7
Background
MEASURE B ADVISORY BOARD
10100 Pioneer Boulevard, Suite 200
Santa Fe Springs, CA 90670
Measure B Funding
Process for Submitting Funding Proposals
2021
ATTACHMENT I
Measure B is a special property assessment that was passed by the voters of Los Angeles County on November 5, 2002. This assessment is imposed upon all improvements (buildings) located in Los Angeles County and is added to Los Angeles County property taxes to provide funding for the Countywide System of Trauma Centers, Emergency Medical Services, and Bioterrorism Response.
The use of Measure B funds is restricted to four areas and authorized expenditures must fall within one of these areas:
Trauma
Centers
Emergency
Medical
Services
Bioterrorism
Response
• Maintain all aspects of countywide system of trauma centers. • Expand system of trauma centers to cover all areas of the county. • Provide financial incentives to keep existing trauma centers within the system.
• Pay for the costs of trauma centers, including physician and other pers0nnel costs.
• Coordinate and maintain a countywide system of emergency medical services.
• Pay for the costs of emergency medical services, including physician and other personnel costs.
• Enable stockpiling of safe and appropriate medicines to treat persons affected by a bioterrorism or chemical attack.
• Train health care workers and other emergency personnel to deal with the medical needs of those exposed to a bioterrorism or chemical attack. • Provide medical screenings and treatment for exposure to biological or chemical agents in the event of a bioterrorisrn or chemical attack. • Ensure the availability of mental health services in the event of a terrorist attack.
Administration • Defray administrative expenses, including payment of salaries and benefits for personnel in the Los Angeles County Department of Health Services and other incidental expenses.
• Recover the costs of the special election in 2002. • Recover the reasonable costs incurred by the county in spreading, billing and collecting the special tax.
Submitting a Proposal
Proposals for Measure B funding can be submitted each year from April 15 through July 15 of that year.
The proposals will be reviewed prior to the Measure B Advisory Board (MBAB) proposal review meeting, 16 - 8
to insure the proposed expenditures are authorized for Measure 8 funding. Any proposals for expenditures not authorized for under Measure B will be removed and the submitting entity will be notified of this action.
The MBAB will review and rank all submitted requests for Measure B funding with proposed expenditures that are authorized for Measure B at the MBAB proposal review meeting, typically scheduled in September of each year. If additional time is needed to review and evaluate the requests, another meeting will be scheduled typically later in September or in October of that year.
Below are the steps for submitting a proposal:
1. Complete the Measure B Proposal form and submit it, along with any supporting documents, via mail or email to the Los Angeles County EMS Agency no later than 5:00 pm on July 15 of the year to allow adequate time for the proposals to be reviewed and distributed prior to the first MBAB proposal review meeting. Supporting documents include price quotations for equipment purchases, budget, and pertinent financial statements. Financial statements will be required for funding request to offset the operational loss for providing a specific service (e.g. Trauma Services). The financial statements must clearly show direct expenses incurred and revenue received and expected to be received from all sources (including subsidy and donations) for providing the service. For proposed new services or activities, a detailed budget must accompany the funding request, that includes a list of personnel, equipment, supplies and services costs, and an explanation of how these costs are determined. Additionally, when a request requires the hiring of personnel or incurring other long-term financial obligations (e.g. lease) for future years, the requesting entity must provide supporting documentation demonstrating how they will cover the personnel cost and these obligations if Measure B funding is not available in future years. Every requesting entities must provide a letter from the organization's Department Head/Executive Office approving the proposal submission.
2. Proposers are encouraged to attend the MBAB proposal review meeting(s) to provide a brief overview of their project, limited to two minutes and be available to answer any questions that the members of the MBAB may have related to their proposal. If a second meeting is also scheduled for review of proposals, the proposers are encouraged to also attend this meeting.
The first meeting is typically scheduled in September of the year and if another meeting is needed, it will be scheduled typically later in September or in October of that year.
3. After reviewing all eligible proposals, the MBAB members will rank score the projects while the proposers are in attendance. However, the ranking score given by the MBAB does not guarantee approval by the Board of Supervisors.
Evaluating and Rank Ordering of the Proposals
After reviewing all eligible proposals submitted for a given year, the MBAB will rank the proposals using a three-level ranking system. Each qualified proposal will be given a high priority (Score of 3), medium priority (Score of 2), or low priority (Score of 1) score. All MBAB members may vote on any proposals being considered, even if they are affiliated with the requesting entity, or has an interest in or will benefit from a proposal(s), unless it is deemed inappropriate by the MBAB Co-Chairs. The ranking will be done by each MBAB voting member providing a number ranking and an average score will be determined using all voting member rankings for each proposal.
21 Page
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When evaluating/ranking each proposal, the committee may take into consideration the following:
• Consistency with the original intent of Measure B
• Regional or system-wide application and impact
• Improves overall services of trauma, EMS or bioterrorism • Addresses any major gap in the system to ensure access and health equity • Feasibility of proposed project, given the available time and resources • Completeness of proposal
Board Consideration
A memo to the Board of Supervisors providing information on all the eligible proposals that were submitted and reviewed will be written by the Co-Chairs. The Board memo will highlight the amount of unallocated Measure B funding that is available and the rank order score of each proposal. It shall be the Board's sole discretion and decision on what proposals are to be funded, as well as the amount awarded.
Once a proposal is approved by the Board, additional processes may need to be implemented prior to disbursement of the funds. This includes entering into a written agreement with the County outlining the use of the funding and the timeframe for incurring expenses. Typically, any Measure B funds that are awarded should be expended within 12 months of award. All Measure B funding is awarded on a reimbursement basis, with the receiving entity incurring the expense and then submitting the claim or invoice to Los Angeles County - Department of Health Services / Health Services Administration Finance for reimbursement.
If you have any questions regarding submitting a proposal, please contact Kay Fruhwirth, EMS Agency Nursing Director at [email protected] or 562-378-1596. 3I Page
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#
1. 2.
3. 4.
5. 6. 7.
8. 9.
MEASURE B ADVISORY BOARD
PROPOSAL NAME/DESCRIPTION
2021
Proposal Name/Description
Requests Recommended for Funding
Hospital Association of Southern California (HASC) on behalf of the Non-County Trauma Hospitals requests funding to cover trauma program costs associated with operating a trauma center, specifically the cost of physician call coverage. The request is for $6.9 million and is made up of approximately $3,938,834 in Measure B funds for an inter-governmental transfer (IGT) and another $2,961,166 in federal matching funds.
Emergency Medical Services Agency requests funding for the Hospital Emergency Response Team (HERT) to cover supplies and training. The HERT is a valuable resource, which
provides higher level care to critical trauma and medical patients in the field for situations in which delays getting to the Trauma Center would result in harm to the oatient.
Emergency Medical Services Agency requests funding for a Learning Management System and Instructional Design to
improve EMS content delivery, distribute standardized learning content and efficiently track learner completion for the over 12,000 EMS oersonnel throuahout Los Anaeles County
HASC on behalf of the Non-County Trauma Hospitals requests funding to cover trauma program costs associated with
operating a trauma center, specifically the cost to support timely data collection, analysis, and performance improvementpatient safety (PIPS). The request is for $3.9 million and is made up of approximately $2,226,297 in Measure B funds for an IGT and another $1,673,703 in federal matchinQ funds.
Los Angeles Fire Department Air Operations requests funding for Phase I implementation of Flight Data Monitoring (FDM).
FDM technology integrates flight following tracking with aircraft's onboard systems, which provide real-time location and immediate notification to remote users in the event of aircraft systems warninQ or failure.
Hawthorne Police Department requests funding to conduct Stop the Bleed traininQ for 250 community members.
PIH Health Whittier Hospital requests funding to replace the base station radio svstem.
Compton Fire Department requests funding to purchase eight (8) Automated Emergency Defibrillators (AEDs) that are
compatible with their monitor/defibrillators would improve the transition of care from basic life support to advanced life suooort.
Los Angeles County Fire Department requests funding to
expand their Assessment Engines, upgrading 44 engines to assessment enQines.
ATTACHMENT II
Funding
ReQuest Rankina
$3,938,834 2.88
$87,185 2.75
$228,100 2.63
$2,226,297 2.38
$105,640 2.25
$21,000 2.25
$164,704 2.25
$25,110 2.13
$1,734,960 2.13
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ATTACHMENT II
Funding
# Proposal Name/Description Request Ranking
10. HASC on behalf of the Non-County Trauma Hospitals requests $260,000 2.13 funding to cover trauma program costs associated with
operating a trauma center, specifically the cost for up-to-date education for credentialing of trauma center staff that support clinical patient care, data and performance improvement.
11. Monterey Park Fire Department requests funding to purchase $95,017 2.0 two (2) monitor/defibrillators in order to replace their aging units.
12. Alhambra Fire Department requests funding to purchase eight $340,000 2.0 (8) monitor/defibrillators in order to be placed on the frontline apparatus and Rescue Ambulances in their city.
13. Downey Fire Department requests funding to purchase two (2) $91,563 2.0 monitor/defibrillators and accessories in order to be placed on the frontline aooaratus and Rescue Ambulances in their city.
14. South Pasadena Fire Department requests funding to purchase $85,060 2.0 three (3) monitor/defibrillators in order to replace their aging units.
15. San Gabriel Fire Department requests funding to purchase $150,360 2.0 three (3) monitor/defibrillators in order to be placed on the frontline apparatus and Rescue Ambulances in their city.
16. Monrovia Fire Department requests funding to purchase two (2) $89,000 2.0 monitor/defibrillators in order to place an additional paramedic assessment unit in service and update an existing unit.
17. HASC on behalf of the Non-County Trauma Hospitals requests $520,000 2.0 funding to cover the cost of doing Stop the Bleed community outreach.
18. San Gabriel Fire Department requests funding to upgrade the $13,500 1.88 three (3) monitor/defibrillators with Real BVM, RescueNet Live and Traumatic Brain lnjurv dashboard.
19. Long Beach Health and Human Services request funding to $764,416 1.88 lease a warehouse space and do the build out for use a local distribution site to support mass prophylaxis in a bioterrorism event to cover seven (7) months of lease payments.
20. HASC on behalf of the Non-County Trauma Hospitals requests $260,000 1.88 funding to cover the cost to deliver injury prevention programs within each trauma centers' community.
21. Torrance Fire Department requests funding to purchase four $79,424 1.75 (4) automated chest compression devices to be placed on the Paramedic Rescue Ambulances and ALS Paramedic Engines
in their city.
22. Torrance Fire Department requests funding to purchase two (2) $110,515 1.75 oower load stretcher for the BLS ambulances in their citv.
23. Redondo Beach Fire Department requests funding to purchase $69,159 1.75 three (3) automated chest compression devices to be placed on the fire units in their city.
24. Culver City Fire Department requests funding to purchase $683,803 1.75 twenty-six (26) automated chest compression devices to be placed on fire units in the cities of Burbank, Monrovia, Montebello, Long Beach, Pasadena, Santa Monica and Culver Citv.
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ATTACHMENT II
Funding
# Proposal Name/Description ReQuest Ranking
25. Monterey Park Fire Department requests funding to purchase $15,584 1.75 one (1} automated chest compression devices to be placed on one fire unit in their citv.
26. El Segundo Fire Department requests funding to purchase $60,510 1.75 three (3) automated chest compression devices to be placed on the fire units in their city.
27. San Marino Fire Department requests funding to purchase one $48,065 1.75 (1) power load stretcher for the Rescue ambulance in their city.
28. The Regents of the University of California through the David $253,903 1.75 Geffen School of Medicine Department of Emergency Medicine UCLA Center for Prehospital Care requests funding for an instructional designer to collaborate with EMS educators to curate lessons and create innovative, just-in-time online module content.
Requests Not Recommended for Funding
29. Hawthorne Police Department requests funding to create a pilot 249,550 1.63 simulation-based training program focused on improving the delivery of EMS care through the collaboration between law enforcement first responders and EMS transport agencies.
30. Antelope Valley Hospital Trauma Program requests funding to $71,390 1.63 purchase two (2) rapid infusers.
31. St. Mary Medical Center Trauma Program requests funding to $49,789 1.63 purchase one ( 1) ultrasound system.
32. El Segundo Fire Department requests funding to purchase $87,475 1.5 three (3) power load stretcher for the three paramedic
transporting rescue ambulances in their citv.
33. San Gabriel Fire Department requests funding to purchase two $40,199 1.5 (2) automated chest compression devices to be placed on the fire units in their city.
34. Los Angeles Fire Department requests funding to purchase $70,351 1.5 replacement decontamination equipment on their fire
aooaratus.
35. HASC on behalf of the Non-County Trauma Hospitals requests $433,333 1.5 funding to cover the cost of cover the cost of educating the public oertaining to trauma centers and trauma systems.
36. Ronald Reagan UCLA Medical Center Trauma Program $93,000 1.5 requests funding to purchase one (1) ultrasound system.
37. Torrance Memorial Medical Center requests funding for the $227,755 1.5 construction and development of a Simulation Lab.
38. Antelope Valley Hospital Medical Center Forensic Services Unit $282,250 1.5 requests funding to offset the cost of services that are not reimbursable such as forensic examinations for physical assault associated with child abuse and domestic violence.
39. San Gabriel Medical Center Forensic Services Unit requests $433,200 1.5 funding to offset the cost of services that are not reimbursable such as forensic examinations for physical assault associated with child abuse and domestic violence.
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ATTACHMENT II
Funding
# Proposal Name/Description Request Ranking
40. San Marino Fire Department requests funding to purchase one $13,429 1.38 Combi Tool used to extricate trapped patients during traffic collisions and buildina collaose. '
41. Redondo Beach Fire Department requests funding to purchase $46,567 1.38 one Utility Terrain Vehicle to deploy to mass gathering/special events.
42. St. Mary Medical Center Trauma Program requests funding to $50,241 1.38 purchase three (3) rapid infusers.
43. Los Angeles Fire Department requests funding to purchase $63,480 1.25 four (4) hazmat trailers and nine (9) radiation detectors to replace outdated equipment.
44. Hawthorne Police Department requests funding to pay a $60,000 1.25 program manager to run the simulation lab and organize
simulation trainina with law enforcement and EMS.
45. Ronald Reagan UCLA Medical Center Trauma Program $45,000 1.25 requests funding to purchase one (1) rapid infuser to replace outdated eauioment.
46. Department of Health Services Housing for Health requests $5,070,000 1.25 funding to cover the operational costs of the Sobering Center for one year.
47. Los Angeles Fire Department requests funding to purchase $1,000,000 1.0 four (4) box trucks to replace the existing decontamination trailers.
48. St. Mary Medical Center Trauma Program requests funding to $961 1.0 ourchase one (1) set of skin araft handles.
49. Torrance Memorial Medical Center requests funding to cover $105,000 1.0 the salary cost for one year of a technician to manage the simulation laboratory.
50. Torrance Memorial Medical Center requests funding to $10,535 1.0 purchase disposable supplies that would be used in the
simulation laboratory.
51. Antelope Valley Hospital Medical Center Forensic Services Unit $6,321 1.0 requests funding to assist in the development of a database software program and first responder and community training materials.
52. San Gabriel Medical Center Forensic Services Unit requests $75,237 1.0 funding to develop a database software program and fund a data programmer.
ATTACHMENT 2
Pre-Hospital Emergency Medical Care Enhancement
Program Memorandum of Agreement
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Prehospital Emergency Medical Care Enhancement Program Page 1
Agreement No.: H-709712
MEMORANDUM OF AGREEMENT
FOR
PREHOSPITAL EMERGENCY MEDICAL CARE ENHANCEMENT PROGRAM
THIS MEMORANDUM OF AGREEMENT (hereafter "MOA") is made and entered into this _________ day of ________________, 2022,
By and between COUNTY OF LOS ANGELES
(hereafter "County"),
And CITY OF SOUTH PASADENA
FIRE DEPARTMENT
(hereafter "Provider").
Business Address:
817 Mound Avenue
South Pasadena, CA 91030
WHEREAS, pursuant to the authority granted under the Emergency Medical Services and Prehospital Emergency Medical Care Personnel Act (Health & Safety Code, § 1797, et seq., hereinafter referred to as the "Act"), the County has established and maintains, through the County's Department of Health Services' (DHS) Emergency Medical Services Agency (EMS Agency), an advanced life support (ALS) system for Emergency Paramedic Transportation Services; and
WHEREAS, under the California Health and Safety (H&S) Code, Division 2.5, Chapter 4, Article 1, Section 1797.204 the local EMS Agency shall plan, implement, and evaluate an emergency medical services system, in accordance with the provisions of this part, consisting of an organized pattern of readiness and response services based on public and private agreements and operational procedures; and
WHEREAS, on November of 2002 the voters approved the Measure B ballot initiative that imposes an annual special tax upon all improved parcels, and used to financially support the Countywide System of Trauma Centers, Emergency Medical Services and Bioterrorism Response; and
6th June
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Prehospital Emergency Medical Care Enhancement Program Page 2
WHEREAS, Provider presented a proposal to County's Measure B Advisory Board to fund the purchase of three (3) monitor/defibrillators to improve the delivery of prehospital emergency care services for funding consideration using unallocated Measure B funds; and WHEREAS, on February 7, 2022, County's Board of Supervisors approved Provider's Measure B funding proposal for an amount of up to $85,060 for the purchase of three (3) monitor/defibrillators; and
WHEREAS, the parties concur that this MOA, as executed, does not affect in any manner the Provider's present or future rights for the provision of its jurisdiction's prehospital emergency medical services under H&S Code Sections 1797.201 or 1797.224, and that this MOA is solely for the purpose of establishing terms and conditions for reimbursement by County to Provider for the purchase of approved equipment.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1.0 SCOPE
1.1 Provider shall purchase, and for which County shall reimburse Provider with Measure B funding, three (3) monitor/defibrillators to improve the level of service and improvement of prehospital emergency care in order to efficiently and appropriately provide the delivery of emergency medical care to the sick and injured at the scene of an emergency within the County.
1.2 Provider shall be responsible for maintaining the equipment purchased under this MOA.
1.3 Provider agrees to utilize the monitor/defibrillators in a manner consistent with standards, policies, and procedures of the EMS Agency, and without regard to a patient's ability to pay.
2.0 TERM
2.1 The term of this MOA is effective upon the date of execution by the Director of Health Services (Director), or authorized designee. This MOA shall expire on June 30, 2023 unless sooner extended or terminated, in whole or in part, as provided herein.
2.2 In any event, this MOA may be terminated at any time by either party by giving at least thirty (30) calendar days advance written notice to the other party.
3.0 PAYMENT AND INVOICES
3.1 County's maximum reimbursement to Provider for the purchase of three (3) monitor/defibrillators shall not exceed Eighty-Five Thousand, Sixty Dollars ($85,060).
16 - 16
Prehospital Emergency Medical Care Enhancement Program Page 3
3.2 County shall not reimburse Provider for the purchase of the monitor/defibrillators to the extent that Provider has received funding from any other grant or third-party source to offset the cost.
3.3 Provider shall submit copies of its vendor's invoice(s), with proof of Provider's payment, to the County that reflects and provides details for the purchase.
Invoice(s) and proof of payment shall be forwarded to County via United States Postal Service, facsimile transmission, or e-mail transmission within thirty (30) days after payment to the vendor to the following address:
Department of Health Services
Emergency Medical Services Agency
10100 Pioneer Blvd., Suite 200
Santa Fe Springs, CA 90670
Attn: Adrian Romero, County's Project Director
562-941-2397
E-mail: [email protected]
3.3.1 County Approval of Invoices
All invoices submitted by the Provider for payment must have the written approval of the County's Project Director prior to any payment thereof. In no event shall the County be liable or responsible for any payment prior to such written approval.
3.3.2 County shall reimburse Provider within ninety (90) days of receipt of complete and correct invoice(s), including Provider's purchase order(s) and proof of payment from Provider for allowable purchases.
3.4 Default Method of Payment: Direct Deposit or Electronic Funds Transfer
3.4.1 The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement/ contract with the County shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the AuditorController (A-C).
3.4.2 The Provider shall submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.
3.4.3 Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requirement with respect to those payments. 16 - 17
Prehospital Emergency Medical Care Enhancement Program Page 4
3.4.4 At any time during the duration of the MOA, the Provider may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary. The A-C, in consultation with the contracting department(s), shall decide whether to approve exemption requests.
4.0 COUNTY ADMINISTRATION
4.1 Director shall have the authority to administer this MOA on behalf of the County.
Director retains professional and administrative responsibility for the services rendered under this MOA.
4.2 County's Project Director shall be responsible for ensuring that the objectives of this MOA are met and providing direction to the Provider in the areas relating to County policy, information requirements, and procedural requirements.
County's Project Director is:
Adrian Romero
Department of Health Services
Emergency Medical Services Agency
10100 Pioneer Blvd., Suite 200
Santa Fe Springs, CA 90670
Telephone: (562) 378-1595
E-mail: [email protected]
4.3 County shall notify Provider in writing of any change in the name of the County's Project Director.
5.0 PROVIDER ADMINISTRATION
5.1 Provider's Project Manager shall be responsible for Provider's day-to-day activities as related to this MOA and shall coordinate with County's Project Director on a regular basis. Provider's Project Manager is:
Daniel Dunn
City of South Pasadena Fire Department
817 Mound Avenue
South Pasadena, CA 91030
Telephone: (626) 403-7300
E-mail: [email protected]
5.2 Provider shall notify County in writing of any change in the name or address of Provider's Project Manager.
16 - 18
Prehospital Emergency Medical Care Enhancement Program Page 5
6.0 AMENDMENTS
For any change that affects the term or any conditions included under this MOA, an Amendment shall be prepared by County and then executed by Provider and by Director, or authorized designee.
7.0 FACSIMILE AND/OR PORTABLE DOCUMENT FORMAT REPRESENTATIONS County and Provider hereby agree to regard signed Amendments received via facsimile transmission and/or in Portable Document Format (PDF) via e-mail, as representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Amendments prepared pursuant to Sub-paragraph 6.0, and as legally sufficient evidence that such original signatures have been affixed to Amendments to this MOA, and as such, the parties need not exchange with each other the signed original Amendment(s).
8.0 GOVERNING LAW, JURISDICTION, AND VENUE
This MOA shall be governed by, and construed in accordance with, the laws of the State of California. Provider agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this MOA and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles.
9.0 INDEPENDENT PROVIDER STATUS
9.1 This MOA is by and between County and Provider and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between County and Provider.
The employees and agents of one party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever.
9.2 Provider shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this MOA all compensation and benefits. County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of Provider.
9.3 Provider understands and agrees that all persons performing work pursuant to this MOA are, for purposes of Workers' Compensation liability, solely employees of Provider and not employees of County. Provider shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of Provider pursuant to this MOA. 16 - 19
Prehospital Emergency Medical Care Enhancement Program Page 6
10.0 INDEMNIFICATION
Provider shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County Indemnitees") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with Provider's intentional, willful, or negligent acts and/or omissions arising from and/or relating to this MOA, except as to the sole intentional, willful, or negligent acts and/or omissions of the County Indemnitees.
11.0 NOTICES
All notices or demands required or permitted to be given or made under this MOA shall be in writing and shall be either emailed, hand delivered with signed receipt, or mailed by first-class registered or certified mail, postage prepaid, addressed to the parties as identified in Sub-paragraphs 4.2 and 5.1, and copies to:
Julio C. Alvarado, Director
Los Angeles County Department of Health Services
Contracts and Grants Division
313 North Figueroa Street, 6th Floor East
Los Angeles, California 90012
Addresses may be changed by either party giving ten (10) days' prior written notice thereof to the other party.
/
/
/
16 - 20
Prehospital Emergency Medical Care Enhancement Program Page 7
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this MOA to be executed by the County's Director of Health Services, or authorized designee, and Provider has caused this MOA to be executed on its behalf by its duly authorized officer(s), on the day, month, and year first above written.
COUNTY OF LOS ANGELES
By: ________________________________for
Christina R. Ghaly, M.D.
Director of Health Services
PROVIDER
CITY OF SOUTH PASADENA
FIRE DEPARTMENT
By: ________________________________
Signature
_________________________________
Printed Name
_________________________________
Title
APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting County Counsel
By: _____________________________________
Brian T. Chu, Principal Deputy County Counsel
Paul Riddle (Jun 3, 2022 09:40 PDT)
Paul Riddle
Paul Riddle Fire Chief Brian T Chu (Jun 6, 2022 15:50 PDT) 16 - 21
ATTACHMENT 3
Quote from Zoll Medical Corporation for Two Monitors
16 - 22
16 - 23
ZOLL.
Quote No: 0-28188 Version: 10
South Pasadena Fire Oepartment 817 Mound Avenue
South Pasadena. CA 91030
ZOLL Customer No: 130860
Dan Dunn
6264037300
[email protected]
ll1m Con~_!I Rtfell P«tNumbff
1 949804 601-2221111-01
2 949804 8000.0895
Dnorlpllon
X Sul1S Advanced Monlt0</Denbrillator -12-Lead
ECG, Pacing, Sp02, EIC02, BVM, HIBP, CPR E,cp;m41on S>~k lnGkides: TBI Dashboard. 4 trace tri·mode display
monitor/ defibt!llatot/ prlnt01. advls.o,y algorithm,
advanoed c:ornmunicelions patk!t9f! (Wt-Fl,
BluelOOOI, USB celular mooem capal,le) use data
traMfer c.:,pable and large 6.Sln ( 16 5cm) dlaflOnal
><r"'1n. Aooe,...;., 1nc~ded: MFC e.l)le and CPR
ooMector. AJC power corn. One (1) roU printer paper,
6.6 Ah U-!on b;aUery. Opetators M;anua). Ou!ck
Reference G•ide. •nd One (1}ye•r EMS worr.anty.
Parametar Oeta!ls: Real CPR Help - Dashboard
dl>P1aY of CPR Oepth ond R.te for MUii •nd
Pediatric patients. Vi~ual and e.lJCltO pn,mpls to c:oadl CPR deplh (Adult patient only}. Release bar lo
ensure ad$<1\12l8 t$f83$$ off I.he ches.t, Mettonomo to coach rate ror Adult an<I P-ediatlic palients. See-ThN
® CPR artifact filtartng • Interpretative 12-1.ead ECG
(F'ul 12 ECG lead view w;th bol.h dyn•mlc and staUc
12-load mode display. 12-Lead OneStep ECG cable
• fncludes 4~Lead llmb lead cable and removsble
precordl•I G-lead set). ZOll No,,;n.a,hle P•clno
Tec'1nology • Roat 8VM Help Oa$hboatll provides
reaf.l!me ventaalion feedback on both vofume and
rate fot lntubatod and non-!nlubated paU9nts.
AoouVent Cable inclvde<I. (Acc:wem dispos.,i,te
sensors sold separately)• Welch Alyn NIBP with
Smartcuff'. 10 foot Dual Lumen hose and SureSP
Re.sable Mu~ Medium Cuff• Masimo Putse
Oxlmat,y with Sfgnal Extraction Te<:hnology (SET).
Rainbow SET®•
Cuff Kit with Walch Allyn Sma.11 Adult, t.orgtt
Adult and Thigh Cuff&
Qty
2 2
ZOLL Medical Corporation
269 MIii Road
Chelmsford. MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421--0015
Email: [email protected]
Quote No: 0-28188
Version: 10
lssueel Date: March 23. 2022
Expiration Date: March 31, 2022
Terms: NET 30 DAYS
FOB: OestinaUon
Freight: Free Freight
Prepared by: Bryan Pank
EMS Territory Manager
[email protected]
+1 6179016565
U91 Pnce Adj, PtlC<O fC(alPr~
$41 ,774.25 $35,508.11 S71 .0t6.22
S157.50 5133 87 $267. 74
16 - 24
ZOLL.
South Pasadena Fire Department
Quote No: O-28188 Version: 10
llilm Contnn:t Pat Numbe< Dffcrlp~on IRor., • ..,.
3 949804 8000-001392 111..,lmo rein bow® RC-4 • 4FT, Rounbte EMS Palklnl Cable
4 899707 8000-000459 M•LNCS OCI Reu .. ble Sen Got
5 899707 8000-0580-01 Slx hOYr rochargeablo Smart battery e 8()()().000393-0 I )( Sartas C.u,y Case, Premium
7 949804 8000-002005-01 Cable Sleeve, Propaq / l( Serles, ZOLL 81.., 8 8778-ll9004,PP X Ser~, ... Precision Service Plan .. 4 Years At Tim<> of $ale
tndudes· Annual C)feventiva maintenance. 24%
discount M t1ew cables, 24% dlscounl on lithium
SuiePowe, Batteries, discount on pa.riur~ter
upgrades, and parts &: labor on normal wear
at\d tear. Shipping .and tKi~ of a Se-tvfc.e Loaner
during rep.ii('$, no d'targe ~hippif19. EJtt.ended
warranty is a continuation of the EMS One Year
Product Limited W:JJ,~\V.
9 9'19804 8900,0400 CPR Slat•padt H\IP Mulll-functlon CPR Electrode$ • 8 pa;rfcase
10 899707 8000-000372 mlnbow!,l DCl,P'l,l Sp02/SpCO/SpMol Pediatric RousabJ.e Sensor
11 899707 8000-001128 Accuvont Flow Tube (Bo• of 1D)
12 6008-9901-6 I ZOLL l( Serio$ TRIiio In Allowance (EM$ Group) See Ttade Un\1 Consldar~Uons.
Contr&<:1 RelenKtt$ Dffctlptlot1
ZOLL Medical Corporation
269Mil1Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Qty
2 2
4 2
2 2
1 2
3 2
UstPrlce
$252.35
$303.85 $519.75
S350.00
SS2.45
SS,130.00
S605.64
$870.35 $643.75
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: [email protected]
AdJ. Price Total Prtca
S200.90 $401 .80
$230,93 $461.86
S39S.Ot 51,580.04
$350.00 $700.00
$40.91 $81.82
$4,617.00 $9.234.00
$482.16 $482.16 $661.47 St.322.94 $489.25 $1,467.75
{$5.000.00) ($10.00000)
Subtotal:
Eslimaled Tex:
$77.016 J.3
$7.972.68
Total: $84,989.0\
899707 Rene& Service Contract Precision X Setles ModlfHtr 2020 ccnuael pt'ldng. Nolwithstending anything to the contrary herin.
Ute tenms •nd cx,ndli;otis set forth In Service Contrae1 Pteo•lon X Serles Modmer 2020 shall apply to tho custom•(• purchase of the produd.5 set forth on this quote.
949804 Rolle<;ts GPO Npp 2020 • Contract No. PS20200 oontr•ct p,;e;ng. Nohoml\standlng >.n)'1hlng to Ute contr.:uy l\erln. Ute term< and conditions set forth in NPP 2020 • Coo~ael No. PS20200 shall apply to Iha cu,tome(s pu,tl,ase of the p<0ducts sol forth on this qllote.
I Trad• UnH Ccn1l-on1
16 - 25
ZOLL.
South Pasadena Fire Department
Quote No: Q-28186 Version: 10
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-.2711626
Phone: (800) 348-9011
Fax: (976) 421-0015
Email: [email protected]
Ttade-4n va!1,1i8$ vatid througti 31, 2022 if a!I equipment purchased Is In good operation.al and oosmellc eol\ditl0I'\ and il\Cl'-'de$ ei!l 5tandert1 aCQe-$sories. Trede-tn values are dependent on the quanllty and connguratlon o1 lhe ZOLL devle<tS ns1ed on this quotation. Customf?f assumes respons!bility f0< shipping trade-In equipment at the quantities. lI1$.1$d on UH) trade 5ne items In thi$ quotation to ZOLL's Chefmsrord Headquarters wlthi'n 60 days of teceipt or n'1'N equ!J)(l'ltJl'll. Cvstomer agrees to pay cash veh>e for trede--ln equipment not shipped to ZOLL on a llMy basi&.
To the extent that ZOLL and Custome,. or Customefs Representative havE> negotiated and exE>C1.tted overridin9 terms and conditions ("Overriding T's & C's'"), !hose terms and conditions would apply to thi& quotalion. In all other cases. this QuolE> Is made subject to ZOLL's Standard Commercial Terms and Conditions ("ZOU. T's & C's") which for capital equipment. accessories and ccnsumables can be found at hlto://Www.zoll.oom/GTC and for sonware products can be found at http:/lwww.zoll.com/SSPTC and for hostE>d software products can be found at hltp;Jlwww.zoll.oom/SSHTC. Except In the case of overriding T's and C's. any Purt:hase Order ("PO") issuE>d in response to this quotation wilt be deemed to incorporalE> ZOLL T's & c·s. and any other terms and conditions presented shall have no force or effect except lo the extent agreed in writin9 by ZOLL.
1. This Quote E>xpires on March 31, 2022. Pricin9 is subject to change after this date.
2. Applicable tax. shipping & handlln9 will be added et the time of invoicing.
3. All purchasE> orders are subjE>cl to credit approval before being accepted by ZOLL.
4. To place an order, please forward the purchase order with a copy of this quotation to [email protected] or via fax to 978-421-0015.
5. All discounts from list price are contingent upon payment within lhE> agreed upon tE>rms.
6. Place your future accessory orders ontine by vi-siting WW\Y·ZO!JWebstore,com.
Order Information (to be completed by lh& customer)
Tax Exempt Entity (Tex Exempt Certificate must be provided to ZOLL) [.;>,;:: ] Taxable Entity (Applicable lax w~t be applied at time ol invoice) Is a Purchase Order (PO) required !or the purchasE> and/or payment of the products listed on this quotation? Yes PO Number: 2- ?DO I PO Amount: ~i./, 9J'9. 0/
(A copy ol the Pun:hase Order must be included with this Quote when retumed 10 ZOLL) I No (Please complete the below section when submitting this order] For o,ganizations that do not require a PO. ZOLL requires written execution of this order. The person signing below represents and warrants that she or he has the authority lo bind the party for which he or shE> is signing to the terms and prices in this quotation.
South Pasadena Fire Department
Authorized Signature:
Name: /1AvL. /?,4LJt:..£
Title: r'//4:,_ C utL-F
Oate: , J:,Q f ,/? ('.
16 - 26
ZOLL.
South Pasadena Fire Department
Quote No: 0-28188 Version: 10
Page4 of 4
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 34a-9011
Fax: (978) 421-0015
Email: [email protected]
17 17 - 1
City Council
Agenda Report
DATE: July 20, 2022
FROM: Armin8 Chaparyan, City Manager k
PREPARED BY: Cathy Billings, Library Director
ITEM NO.
SUBJECT: Approval of Resolutions and Related Matters for the Library Special Tax
Recommendation
It is recommended that the City Council:
1. Approve language and terms of the ballot measure to be presented to voters to extend the Library Special Tax to be effective on July 1, 2024 and remain in effect until otherwise terminated by majority vote of the electorate in South Pasadena;and
2. Adopt a resolution related to the November 8, 2022, General Municipal Election:
a. Submitting to the voters a question relating to the extension of the Library Special Tax Measure on the November 8, 2022 General Municipal Election ballot;
b. Directing the City Attorney to prepare an impartial analysis of the Library Special Tax Measure;
3. Approve requesting the County of Los Angeles to designate the measure (Measure) as Measure L (for library), with second alternative Measure LL, and third alternative Measure B (for 11book"); and
4. Adopt a Resolution consolidating the General Municipal Election with the November 8, 2022 Countywide Election.
Background
The Library Special Tax has been continuously in effect for nearly 30 years. First adopted in 1994, it was subsequently extended by the voters in 1999, 2005, and 2009.
The tax rates established in 1994 remained unchanged through those renewals. In November 2015, voters again approved the extension of the Tax, but with the inclusion of a 33% increase to the base rate and the addition of an annual adjustment based on any increase in the Los Angeles Consumer Price Index. It is codified at South Pasadena Municipal Code section 2.89 et seq. as the South Pasadena Library Special Tax Ordinance.
The extension approved by voters in 2015 is in effect through June 30, 2024. Although this expiration date is two years away, since General Municipal Elections are held every 286411.vl
Measure to Extend the Library Special Tax
July 20, 2022
286411.v1
two years, the Library Special Tax would expire prior to the next regularly-scheduled General Municipal Election in November 2024, and so the question of renewal must be placed before the voters in November 2022. On May 26, 2022, the Library Board of Trustees voted to recommend that the City Council place a ballot measure on the November 2022 General Election to extend the Library Special Tax until terminated by a majority of the voters.
At the June 15, 2022 City Council Meeting, the City Council voted unanimously to accept the Library Board of Trustees recommendation to place a measure on the November 8, 2022 General Municipal Election ballot asking voters to extend the Library Special Tax, effective on July 1, 2024, and that the tax remain in effect until otherwise terminated by majority vote of the electorate in South Pasadena. The City Council directed staff to bring back a ballot measure amending the term of the tax ordinance in this manner.
The deadline to submit a ballot measure for the November 8, 2022 General Municipal Election is August 12, 2022. Ballot measure questions may not exceed 75 words. The deadline to submit arguments for or against the measure shall be set by the City Clerk.
Arguments may not exceed 300 words.
Analysis
Proposed language for the ballot measure to extend the Library Special Tax is as follows:
“To maintain funding for the operation and maintenance of the South Pasadena Public Library, including technology upgrades, resources for students, and programs such as family story time and summer reading, shall an ordinance be adopted extending South Pasadena’s Library Special Tax, which is due to expire on June 30, 2024, to remain in effect until otherwise terminated by a majority vote of the South Pasadena electorate.” Proposed text amendment to the Article VI “Library Special Tax” is only proposed to be a change to section 2.89-6, as follows:
2.89-6 Term.
The library special tax provided for herein may be levied annually until June 30, 2024. Such levy may only be extended with the approval of two-thirds of the electors of the city voting upon the extension terminated by majority vote of the electorate in South Pasadena at a municipal election.
All other terms of the existing ordinance, including the rate of tax, remain unchanged. 17 - 2
Measure to Extend the Library Special Tax
July 20, 2022
286411.v1
Consistent with past practice, staff is recommending that City Council allow any arguments in favor of the Measure to be authored by the community group sponsoring the Measure, “South Pasadena Loves Our Library Committee for Measure L 2022”. The committee is a privately funded grassroots group of community volunteers focused on maintaining high-quality library services in South Pasadena. In 2015, the “We Love Our Library: Yes on Measure L” committee authored the official argument in favor of the Library Special Tax. By City Council not choosing to prepare an argument itself, and not selecting a councilmember to prepare an argument on its behalf, the sponsor or promoter of the Measure has priority for preparation of such argument. (Election Code section 9287(a)(2)). Deadlines to submit arguments in support of and in opposition to the Measure and rebuttals will be communicated to the public.
The City Clerk shall cause notice of the Measure to be published in accordance with California Elections Code section 12111.
The Measure shall be designated by letter by the Los Angeles County Registrar pursuant to California Elections Code section 13116. It has been recommended that the City Council request the County of Los Angeles to designate the Measure as Measure L (for Library), with second alternative Measure LL (for Library), and third alternative Measure B (for “Book”).
Impartial Analysis shall be prepared Pursuant to California Elections Code Section 9280 by the City Attorney showing the effect of the Measure on the existing law and the operation of the Measure. The analysis shall not exceed 500 words and shall contain a statement that the Measure was placed on the ballot by the City Council. The City Attorney shall transmit the impartial analysis to the City Clerk by a deadline established therefor by the Los Angeles County Registrar.
On June 15, 2022, the City Council called for a General Municipal Election (Reso. 7767). A resolution also requested the County of Los Angeles to undertake certain actions in respect to such election under Elections Code 10003 (Reso. 7768). A resolution consolidating the two elections under Elections Code 10403 is also required and is presented here for adoption as Attachment 2.
Fiscal Impact
There are costs associated with putting a measure before the voters. It is less expensive to put a measure on a general election ballot than to conduct a special election. General Municipal Election costs are based on the number of jurisdictions participating in the election and the number of measures on the ballot. The County provides cost estimates for the general election to jurisdictions in the month of August.
The City of South Pasadena Fiscal Year 2022-2023 budget includes $155,000 for expenses relating to the November 8, 2022 General Municipal Election, including consulting services and election management services from the Los Angeles County Registrar-Recorder/County Clerk. The last General Municipal Election in November 2020, which included three council seats and one measure, cost the City $85,000. For 17 - 3
Measure to Extend the Library Special Tax
July 20, 2022
286411.v1
the 2019 special election that included two measures, the County invoiced the City $172,492.
Alternatives Considered
If the City Council considers to not adopt the attached resolution placing the Measure on the ballot, the current tax is scheduled to expire on June 30, 2024. An alternative to allowing the majority vote to remove the tax by setting the tax for a term of years was considered and rejected by the City Council on June 15, 2022.
Community Outreach
The Library maintains a “Library Parcel Tax” webpage that provides information about the Library Special Tax, and will publish a Frequently Asked Questions about the Tax to be made available to the public online and in hardcopy. Other materials that educate the community about the programs and services the library offers will be distributed to the public.
The independent “South Pasadena Loves Our Library Committee for Measure L 2022” is undertaking community outreach about the Measure.
Commission Review and Recommendation
The Library Board of Trustees considered the question of the extension of the Library Special Tax at their regular meeting on May 12, 2022 and at a special meeting on May 26, 2022. They voted unanimously to recommend to City Council that a measure be placed on the November 8, 2022 General Municipal Election ballot asking voters to continue the duration of the South Pasadena Library Special Tax until terminated by a majority vote of the electorate in South Pasadena.
Attachments:
1. Resolution of the Extension of the Library Special Tax Measure on the November 8, 2022 General Municipal Election ballot and Directing the City Attorney to Prepare an Impartial Analysis
2. Resolution consolidating the General Municipal Election with the November 8, 2022 Countywide Election
17 - 4
ATTACHMENT 1
Resolution of the Extension of the Library Special Tax
Measure on the November 8, 2022 General Municipal
Election ballot and Directing the City Attorney to Prepare an Impartial Analysis
17 - 5
CITY OF SOUTH PASADENA
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH PASADENA, CALIFORNIA, ORDERING THE
SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF
A CERTAIN MEASURE RELATING TO EXTENSION OF THE
LIBRARY SPECIAL TAX ORDINANCE AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, AS CALLED BY RESOLUTION NO. 7767
WHEREAS, the City and is residents value the South Pasadena Library and its commitment and significant contributions to community education programs, literacy, lifelong learning, access to technology and closing the digital divide;
WHEREAS, a special tax to support the City of South Pasadena Public Library (Library) is codified at section 2.89 through 2.89-10 of Article VI of Chapter 2 of the South Pasadena Municipal Code as the South Pasadena Library Special Tax Ordinance;
WHEREAS, the Library Special Tax Ordinance was first approved in 1994, and has been renewed by the voters four times since then; WHEREAS, unless it is renewed again by the voters, the authority to levy the Library Special Tax will expire on June 30, 2024, and a major funding source dedicated to the Library’s maintenance, operating and administrative costs will disappear;
WHEREAS, the City Council desires to submit to the voters at the election the question relating to extension of the Library Special Tax; WHEREAS, a General Municipal Election has been called by the City of South Pasadena, under the provision of laws relating to General law Cities in the State of California, to be held on Tuesday, November 8, 2022, by Resolution No. 7767, adopted on June 15, 2022;
WHEREAS, at its June 15, 2022 City Council meeting, the Council directed staff to bring resolutions to the City Council to place a measure on the November 8, 2022 General Municipal Election ballot asking the voters whether the levy of the Library Special Tax should be extended until terminated by a 17 - 6
majority vote of the electorate, and now desires to submit to the voters such question relating to the extension of the Library Special Tax; WHEREAS, the revisions to the Library Special Tax Ordinance proposed by the City Council are limited to making the tax effective until terminated by the voters. All other restrictions on this tax in the South Pasadena Municipal Code will remain in effect and unchanged; all current exemptions to this tax will remain in place and unchanged; and revenue collected through the tax will continue to be used only to pay Library maintenance and operations costs, and such other restricted uses identified in the current ordinance. The tax must be decreased if the City Council does not also support Library costs with sufficient revenue from the City’s General Fund, and any surplus Library tax revenue left over from the previous fiscal year must be considered when the City levies this Library Special Tax in the current fiscal year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election on November 8, 2022, the following question:
To maintain funding for the operation and maintenance of the South Pasadena Public Library, including technology upgrades, resources for students, and programs such as family story time and summer reading, shall an ordinance be adopted extending South Pasadena’s Library Special Tax, which is due to expire on June 30, 2024, to remain in effect until otherwise terminated by a majority vote of the South Pasadena electorate?
YES
NO
SECTION 2. That the proposed complete text of the measure (Ordinance) submitted to the voters is attached as Exhibit “A.” SECTION 3. That the vote requirement for the measure to pass is 2/3 of the votes cast (66.6% of votes cast) of the City’s qualified electors.
SECTION 4. That in all particulars not recited in this resolution, the 17 - 7
election shall be held and conducted as provided by law for holding municipal elections.
SECTION 5. The election on this measure shall be held, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, the returns made, and a result ascertained and determined, and all other proceedings conducted in connection with the election, under the regulations of the Registrar of Voters of Los Angeles County, in accordance with the provisions of the law governing general municipal elections in general law cities
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
The City Clerk is hereby directed to file a certified copy of this resolution, and all related resolutions as necessary, with County of Los Angeles Board of Supervisors and the County Election Department of the County of Los Angeles.
SECTION 7. That the City Clerk shall request a letter designation for the above-reference Measure from the Registrar-Recorder/County Clerk of the County of Los Angeles.
SECTION 8. That the City agrees to reimburse the Los Angeles County Registrar-Recorder/County Clerk for all expenses incurred for services requested by the Resolution.
SECTION 9. Pursuant to Elections Code section 9286, the City Clerk is authorized and directed to fix and determine a reasonable date prior to the election for the submission to the City Clerk of argument in favor of or against the Measure. The arguments shall comply with Elections Code Sections 9282 and 9283. Neither this City Council nor any member of the City Council is authorized by this City Council to submit an argument for or against this Measure by the City Council. Pursuant to Elections Code section 9287(b), if more than one argument is submitted for or against the Measure, the City Clerk shall give preference and priority in the manner therein enumerated. The City Council recognizes South Pasadena Loves Our Library Committee for Measure L as the association of citizens who are the sponsors or proponents of this measure. Any written argument for or against the measure may not exceed 300 words, must be accompanied by the printed name(s) and signature(s) of the author(s) submitting the argument, pursuant to Elections Code Section 9282. No more than five signatures shall appear with any argument. If any argument is signed by more than five authors, then the signatures of the first five shall be printed; and 17 - 8
SECTION 10. That the City Council directs the Chief Deputy City Clerk to transmit a copy of the Measure to the City Attorney, unless the organization or salaries of the Office of the City Attorney are affected. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 500 words showing the effect of the Measure on the existing law and the operation of the Measure and shall contain a statement that the measure was placed on the ballot by the City Council. If the Measure affects the organization or salaries of the Office of the City Attorney, the Chief Deputy City Clerk shall prepare the impartial analysis.
b. The analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City.
c. In the event that the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less that 10-point type, the following: “The above statement is an impartial analysis of Measure [XX]. If you desire a copy, please call the election official’s office at (626) 403-7230, and a copy will be mailed at no cost to you.”
d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.
SECTION 11. The City Clerk shall cause notice of the measure to be published in accordance with California Elections Code section 12111; and SECTION 12. The measure shall be designated by letter by the Los Angeles County Registrar pursuant to California Elections Code section 13116.
The City Council request the County of Los Angeles to designate the Measure as Measure L (for Library), with second alternative Measure LL (for Library), and third alternative Measure B (for “Book”); and
SECTION 13. The City requests the Elections Official publish only the following portions of this Resolution as the measure text to be published in the Voter's Pamphlet: The Title of this Resolution, all "Whereas" clauses, Sections 1 through 4 above, and the adoption block and signatures/attestations provided below.
SECTION 14. That the City Clerk shall certify to the passage and adoption of this Resolution, which shall become effective immediately upon its adoption, and enter it into the book of original Resolutions. 17 - 9
PASSED, APPROVED AND ADOPTED ON this 20th day of July, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
Michael A. Cacciotti, Mayor
ATTEST: APPROVED AS TO FORM:
Christina A. Muñoz Andrew L. Jared, City Attorney
Deputy City Clerk
17 - 10
Exhibit “A”
ORDINANCE NO. _____
AN ORDINANCE OF THE PEOPLE
OF THE CITY OF SOUTH PASADENA, CALIFORNIA,
AS APPROVED BY THE CITY’S ELECTORS AT THE
GENERAL MUNICIPAL ELECTION HELD
NOVEMBER 8, 2022, TO EXTEND THE EXISTING LIBRARY
SPECIAL TAX FROM JULY 1, 2024 TO REMAIN IN EFFECT
UNTIL OTHERWISE TERMINATED BY MAJORITY VOTE OF
THE ELECTORATE IN SOUTH PASADENA
NOW THEREFORE, The People of the City of South Pasadena ordain as follows:
SECTION 1. Extension of Special Library Tax. Section 2.89-6 of Article VI “Library Special Tax” of the South Pasadena Municipal Code is amended to read as follows:
2.89-6 Term.
The library special tax provided for herein may be levied annually until terminated by majority vote of the electorate in South Pasadena at a municipal election.
SECTION 2. All other terms of sections 2.89 through 2.89-10, Article VI “Library Special Tax” of the South Pasadena Municipal Code shall remain unchanged.
SECTION 3. If any section, subsection, part, clause, sentence or phrase of this ordinance or the application thereof is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the validity of the remaining portions of this ordinance, the application thereof and the tax related shall not be affected thereby, but shall remain in full force and effect, it being the intent of the People to adopt each and every section, subsection, part, clause, or phrase regardless of whether any other section, subsection, part, clause, or phrase or the application thereof is held to be invalid or unconstitutional.
SECTION 4. This ordinance shall take effect the date the results of the November 8, 2022 General Municipal Election are certified, no more than 30 days following the election, but only if the ordinance receives approval from at 17 - 11
least two-thirds of the qualified electors voting on the ballot measure regarding this ordinance.
I HEREBY CERTIFY the foregoing ordinance was passed by _____% of voters who voted on the Measure (results) at the General Municipal Election held in the City of South Pasadena on November 8, 2022.
___________________________
City Clerk
(seal)
17 - 12
ATTACHMENT 2
Resolution Consolidating the General Municipal
Election with the November 8, 2022 Countywide
Election
17 - 13
286426.v1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES CONSOLIDATE
A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8,
2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN THE COUNTY OF LOS ANGELES THE SAME DAY; TO AUTHORIZE
THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES
TO CANVASS THE RETURNS OF SAID GENERAL MUNICIPAL
ELECTION; AND TO REQUEST THAT THE REGISTRARRECORDER/COUNTY CLERK OF SAID COUNTY BE PERMITTED TO
RENDER FULL SERVICES TO THE CITY OF SOUTH PASADENA
RELATING TO THE CONDUCT OF SAID GENERAL MUNICIPAL
ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION
10403
WHEREAS, a General Municipal Election has been called by the City of South Pasadena to be held in the City of South Pasadena on November 8, 2022; and, WHEREAS, a Statewide General Election to be held in the County of Los Angeles has been or will be called to be held on November 8, 2022; and, WHEREAS, it is desired, pursuant to the authority found in California Elections Code section 10403, to consolidate said General Municipal Election with said Statewide General Election to be held in the County of Los Angeles;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH PASADENA AS FOLLOWS:
SECTION ONE: The Board of Supervisors of the County of Los Angeles is hereby respectfully requested to order the consolidation of said General Municipal Election to be held on November 8, 2022, with the Statewide General Election to be held in the County of Los Angeles on November 8, 2022.
SECTION TWO: The Board of Supervisors of the County of Los Angeles is hereby further respectfully requested to place upon the same ballot as that provided for said Statewide General Election to be held in the County of Los Angeles on 8, 2022, the following to be submitted to the electors of the City of South Pasadena at said General Municipal Election:
1. Names of the candidates for the office of Councilmember, 4th District, Full Term (Four (4) Years);
2. Names of the candidates for the office of Councilmember, 5th District, Full Term (Four (4) Years);
3. Names of the candidates for the office of Treasurer, At-Large, Full Term (Four (4) Years); and
17 - 14
286426.v1
4. A measure to amend the South Pasadena Library Special Tax Ordinance.
SECTION THREE: The City of South Pasadena acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418 of the California Elections Code.
SECTION FOUR: The Board of Supervisors of the County of Los Angeles is hereby authorized and respectfully requested to canvass the returns of said General Municipal Election.
SECTION FIVE: The Board of Supervisors of the County of Los Angeles is hereby authorized and respectfully requested to authorize and permit the RegistrarRecorder/County Clerk of the County of Los Angeles to:
a) Print and supply ballots for said City of South Pasadena General Municipal Election;
b) Mail the City’s sample ballots and candidate statements of qualifications to the electors of the City of South Pasadena as part of the same material that will be mailed to the voters of the Statewide General Election to be held in the County of Los Angeles;
c) Perform such other services as may be required for the consolidation and conduct of said City of South Pasadena General Municipal Election with said Statewide General Election to be held in the County of Los Angeles.
SECTION SIX: The vote centers for the election shall be open as required during the identified voting period pursuant to California Elections Code sections 4007 and 14401.
SECTION SEVEN: The City shall reimburse the County of Los Angeles in full for the services performed on behalf of the City upon the presentation of a bill by the County.
SECTION EIGHT: The City Clerk is hereby directed to deliver a certified copy of this resolution to the Board of Supervisors of the County of Los Angeles and to transmit an electronic copy to the Board of Supervisors and the Registrar-Recorder/County Clerk of the County of Los Angeles.
PASSED, APPROVED AND ADOPTED on this 20th day of July, 2022. ______________________
Michael A. Cacciotti, Mayor
ATTEST: _________________
City Clerk
17 - 15
286426.v1
APPROVED AS TO FORM:
______________________________
Andrew L. Jared, City Attorney
17 - 16
18 18 - 1
DATE:
FROM:
City Council
Agenda Report
July 20, 2022
Armine Chaparyan, City Manager ~
PREPARED BY: H. Ted Gerber, Director of Public Works
ITEM NO.
SUBJECT: Adopt a Resolution Reestablishing the Street Name of Hawthorne Street and Update the Railroad Alley Street Signs Recommendation
It is recommended that the City Council:
1. Adopt a resolution to reestablish the street name of Hawthorne Street for the roadway currently signed as 'Railroad Alley'; and
2. Direct staff to update the 'Railroad Alley' street signs to 'Hawthorne St' signs.
Background
This item is concerning a roadway in the City of South Pasadena located along the south side of the Metro Gold Line railway tracks, bounded by Pasadena Avenue on the west side and by Indiana Avenue on the east side. In late 2021 , residents and owners for the properties along this roadway contacted a City Councilmember and City staff requesting correction of an issue with the roadway's street signs. At present, the western and eastern ends of the roadway display street signs labeled as 'Railroad Alley', however, the historic name for this roadway is 'Hawthorne Street'. The residents and owners who contacted City officials are requesting that the 'Railroad Alley' sign be removed and replaced with the former 'Hawthorne Street' signs.
Analysis
Research conducted by City staff has determined that this section of roadway was referred to as 'Hawthorne Street' as recently as fifteen years ago - which was confirmed by a long-term resident. Though the street signs at the roadway ends display 'Railroad Alley', for all intents and purposes, the street is still named 'Hawthorne Street'.
The Los Angeles County Assessor's office refers to this roadway as Hawthorne Street, and not 'Railroad Alley'. Attachment 2 provides an excerpt of the LA County Assessor's mapping system, which shows 'Hawthorne Street' as the roadway name. It is noted that the 'Railroad Alley' label is visible in the background of the map. Attachment 3 provides a LA County Assessor index map dated in 2006, which does not display 'Railroad Alley'.
It is staff's understanding that at some point, a parcel map was submitted by the City, provided as Attachment 4, which labels the subject roadway as 'Railroad Alley'.
Reestablish Street Name of Hawthorne St. & Update Railroad Alley Street Signs July 20, 2022
However, it seems that the name of the roadway was not formally changed. This is most apparent to the public when using a digital map service that is propagated by LA County data, for example Google Maps. For a number of addresses along this roadway, Google Maps erroneously represents the locations twice – once for ‘Railroad Alley’ and once for ‘Hawthorne Street’. Google Maps also labels the street as ‘Railroad Alley,’ similar to the parcel map in Attachment 4. City staff discussed this issue with LA County Assessor Mapping Services, and was informed that submitting a revised map to their department would resolve the issue. It should be noted that a search for ‘Railroad Alley’ in the Los Angeles County Assessor system does produce any results, as the roadway is only referred to as ‘Hawthorne Street’. City staff have confirmed with property owners along the roadway that their property titles list ‘Hawthorne Street’ as the property street name, and not ‘Railroad Alley.’
The exclusive use of ‘Hawthorne Street’, and not ‘Railroad Alley’ is also consistent with other commonly used addressing systems. City staff have confirmed with the South Pasadena United States Postal Service Office that mail will not be delivered to ‘Railroad Alley,’ and mail sent to the properties fronting this roadway must be addressed to ‘Hawthorne Street’. In addition, City staff have confirmed that utility services, such as Spectrum and South Pasadena utility billing, refer to ‘Hawthorne Street’ as the service address, and not ‘Railroad Alley’.
This incorrect naming affects seven parcels with odd-numbered addresses fronted on the ‘Railroad Alley’ roadway, one of which is a parking lot with no registered address.
Most parcels in this location along the south side of ‘Railroad Alley’ are fronted on the parallel roadway to the south, Monterey Road. The ‘Hawthorne Street’ roadway to the north of the Metro Gold Line railway tracks only utilizes even-numbered address numbers, and therefore, there is no conflict between the address assignments. Split roadways with even and odd numbered addresses on either side of a wide median are common in South Pasadena, including Fair Oaks Avenue, Huntington Drive Street, and Pasadena Avenue. Furthermore, the Metro Gold Line divides other roadways in LA County, where the street name is the same on both sides of the railway tracks, such as Marmion Way in the City of Los Angeles.
A petition submitted by residents and property owners to the City to replace the ‘Railroad Alley’ street signs with ‘Hawthorne Street’ signs is provided Attachment 5.
Fiscal Impact
Sufficient funds are available for street sign replacement in the Public Works Street Maintenance Special Department Expense Account No. 230-6010-6116-8020-000.
Environmental Analysis
Replacing the street sign at ‘Hawthorne Street’ is exempt from the California Environmental Quality Act (CEQA) analysis based on State CEQA Guidelines Section requirements under Section 21084 of the Public Resources Code, in accordance with Article 19, Section 15301, Class (1) "existing facilities." 18 - 2
Reestablish Street Name of Hawthorne St. & Update Railroad Alley Street Signs July 20, 2022
Attachments
1. Proposed Resolution
2. Los Angeles County Assessor System Map
3. Los Angeles County Assessor Index Map
4. Los Angeles County Assessor Parcel Map
5. Petition from Property Owners and Residents
18 - 3
ATTACHMENT 1
Proposed Resolution
18 - 4
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SOUTH PASADENA, CALIFORNIA,
REESTABLISING THE STRET NAME OF HAWTHORNE STREET
WHEREAS, a roadway in the City of South Pasadena along the south side of the Metro Gold Line railway tracks, bounded by Pasadena Avenue on the west side and bounded by Indiana Avenue on the east side, is demarcated with street signs as ‘Railroad Alley;’ and
WHEREAS, most parcels along the south side of ‘Railroad Alley’ are fronted on the parallel roadway to the south, Monterey Road, and only seven parcels are fronted on ‘Railroad Alley’, one of which is a parking lot; and WHEREAS, City staff have confirmed with the Los Angeles County Assessor’s office that this roadway is referred to as ‘Hawthorne Street’, and not ‘Railroad Alley’; furthermore, a search for ‘Railroad Alley’ in the Los Angeles County Assessor system does not produce any results; and WHEREAS, City staff have confirmed with property owners along the roadway that their property titles list ‘Hawthorne Street’ as the property address, and not ‘Railroad Alley’; and
WHEREAS, City staff have confirmed with the South Pasadena United States Postal Service Office that mail will not be delivered to ‘Railroad Alley,’ and mail sent to the properties fronting this roadway must be addressed to ‘Hawthorne Street’; and
WHEREAS, City staff have confirmed that utility services, such as Spectrum and South Pasadena utility billing, refer to ‘Hawthorne Street’ as the service address for buildings fronted along ‘Railroad Alley’; and WHEREAS, City staff have confirmed with long-term residents on the roadway that the sign displaying ‘Railroad Alley’ is relatively new, placed sometime in the last 15 years; and
WHEREAS, Residents and property owners have submitted a petition to the City to replace the ‘Railroad Alley’ street signs with ‘Hawthorne Street’ signs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The street signs displaying ‘Railroad Alley’ at Pasadena Avenue and Indiana Avenue will be replaced with signs displaying ‘Hawthorne 18 - 5
Street’ Public Works staff will work with the Los Angeles County Assessor to update their mapping services to reflect this correction.
SECTION 3. The City Clerk of the City of South Pasadena shall certify to the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.
PASSED, APPROVED, AND ADOPTED ON this 20th day of July, 2022
Michael A. Cacciotti, Mayor
ATTEST: APPROVED AS TO FORM:
_
Christina Muñoz, Deputy City Clerk Andrew Jared, City Attorney I HEREBY CERTIFY the foregoing resolution was duly adopted by the City Council of the City of South Pasadena, California, at a regular meeting held on the 20th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Christina Muñoz, Deputy City Clerk
18 - 6
ATTACHMENT 2
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ATTACHMENT 5
Petition from Property Owners and Residents
18 - 13
18 - 14
H. Ted Gerber
Acting Director of Public Works
City of South Pasadena
626-524-0681
[email protected]
RE: HAWTHORNE ST VS RAILROAD ALLEY
Mr Gerber,
Thank for you for your assistance in returning the street signs to Hawthorne St for our street. We have made you aware of the problems it has created for residents. We now have knowledge that the signs were Hawthorne Street 14 years ago. We are requesting the street signs be returned to Hawthorn Street. Thank You.
Name Address Phone
19 19 - 1
DATE:
FROM:
City Council
Agenda Report
July 20, 2022
Armine Chaparyan, City Manager ~
ITEM NO.
PREPARED BY: Domenica K. Megerdichian , Deputy City Manager SUBJECT: Approval of an Agreement with the South Pasadena Chamber of Commerce (Chamber) for Continued Funding from Business Improvement Tax (BIT) Revenues for Economic Development Activities
Recommendation Action
It is recommended that the City Council authorize the City Manager to execute an agreement with the South Pasadena Chamber of Commerce (Chamber) for continued funding from Business Improvement Tax (BIT) revenues for economic development activities.
Background
In 1977, the City Council adopted Ordinance No. 1738 establishing a BIT to collect funds that may be used for business improvement activities in the City.
The Chamber of Commerce represents and advocates for the business community in South Pasadena. The City has supported the efforts of the Chamber with BIT funds to allow for programs to promote the business community in order to encourage economic stability and development in the City. The Chamber is a resource for connecting individuals and organizations in creating a strong community. The Chamber organizes several events including the quarterly Art Crawl, and the annual Eclectic Music Festival.
These events create the basis of the "Arts Based Economic Development strategy" that help define the quality of life in South Pasadena. The Chamber works to support South Pasadena businesses with various marketing and promotional activities, and is often the first point of contact in welcoming and assisting businesses. The Chamber operates a business resource center, visitor information center, and a community art gallery, and hosts monthly "Shop Talks" and after-hours mixers for the business community.
BIT funds are collected through a percentage of business license tax for businesses physically located in the parking and business district located in South Pasadena, as well as citywide filming permits. Home occupation, businesses located outside of South Pasadena that do business in South Pasadena, and businesses located outside of the tax area do not contribute to the BIT, and BIT revenues fluctuate based on business license and permit revenues.
Chamber of Commerce BIT Agreement
July 20, 2022
Analysis
Since 2007, the City has allocated between $105,500 to $135,500 of BIT funds to the Chamber, and the funding has required that the Chamber earmark $12,000 for passthrough funding to the South Pasadena Tournament of Roses. While historically the BIT has been a pass-through account, in 2018, the Chamber was notified that annual revenues were not meeting projections, and the City’s General Fund balance was used to cover installment payments to the Chamber. The FY 2019-20 and FY 2020-21 budgets modified the annual allocation to the Chamber to the lower range of $105,500 to account for the decreased revenues. Additional revenue losses were experienced in 2020 as a result of the pandemic, deferred payments for business licenses, and decreased filming activity. As the business community recovers from the pandemic, revenues are expected to increase overt time.
The agreement outlines the Chamber’s work plan which includes services and activities promoting the South Pasadena business community. The term of the agreement is for one year, and may be extended on an annual basis by the City Manager provided that the City approves any subsequent City budget which includes a line item for the expenditure of BIT revenues for uses similar to this Agreement.
BIT funds will be used to further Chamber programming, per the requirements of the ordinance, including:
1. The coordination of the holiday decorations;
2. Investment in the promotion of public events that take place on or in public places;
3. Furnishing music in public place;
4. Engagement in the general promotion of retail trade activities in the 91030 zip code.
The BIT revenues for this year as of May 31, 2022 amount to $82,220, and the Fiscal Year 2022-23 Adopted Budget carried over the $105,500 from last year’s budget. Upon City Council’s approval of this agreement, staff will utilize this agreement period to analyze the pandemic-recovery BIT, and will work in partnership with the Chamber on identifying their funding needs/requests moving forward.
Fiscal Impact
The FY 2022-23 budget has allocated a total of $105,500 for this agreement.
Attachments:
1. Draft Agreement with Chamber of Commerce
2. Business Improvement Tax (BIT) Revenue Data
19 - 2
ATTACHMENT 1
Draft Agreement with Chamber of Commerce
19 - 3
264339.1
AGREEMENT
BETWEEN THE CITY OF SOUTH PASADENA AND
THE SOUTH PASADENA CHAMBER OF COMMERCE
THIS AGREEMENT is made and entered into this 20th day of July, 2022 by and between the CITY OF SOUTH PASADENA, a municipal corporation, hereinafter referred to as “City”, and the SOUTH PASADENA CHAMBER OF COMMERCE, a California corporation, hereinafter referred to as “Chamber”.
WHEREAS, in 1977, the City Council adopted Ordinance No. 1738 establishing a Business Improvement Tax (BIT) to collect funds that may be used for the following four purposes:
1. Decoration of any public place in the area;
2. Promotion of public events which are to take place on or in public places in the area;
3. Furnishing of music in any public place in the area;
4. The general promotion of retail trade activities in the area; and WHEREAS, a new Chamber of Commerce was established to represent and advocate for the business community in South Pasadena, has created goals and objectives and a work plan and budget, and has submitted a proposal for a scope of work to be funded by Business Improvement Tax (BIT) BIT funds, and WHEREAS, the City wishes to have carried out a program to promote the business community in order to encourage economic stability and development, and
WHEREAS, the City wishes to support the efforts of the Chamber of Commerce as permitted under Ordinance No. 1738, and
WHEREAS, Chamber is willing to undertake the services hereinafter set forth on behalf of City in the manner and for the purpose hereinafter provided; NOW, FOR, AND IN CONSIDERATION of the mutual covenants, promises and agreements contained herein, City and Chamber agree as follows:
1. For the entire term of this Agreement, Chamber agrees to do and perform the following services and activities as part of its work plan during the term of this Agreement:
a. Marketing activities including multimedia advertising campaign, branding, and website review, update, and maintenance;
19 - 4
Chamber of Commerce Agreement FY 2022-23
264339.1
b. Economic development activities promoting and representing the South Pasadena business community at meetings and functions and in brochures and business directories;
c. Creating and staffing a business resource center providing information and services to the South Pasadena business community;
d. Events and programs of interest and support to the South Pasadena business community;
e. Outreach to all members of the business community in the execution of these activities in order to create a single unified organization for the South Pasadena businesses;
f. Independently, and at the request of City, confer with business representatives to encourage and urge the establishment of their business, commercial or industrial activities in City;
g. Participate in, support and cooperate with City, to the best of its ability and to the extent authorized by Chamber's governing body, programs sponsored or encouraged by City for promotion of the business community;
h. Place on Chamber’s board of directors’ agenda for policy direction City requests for Chamber cooperation and public support of improvement programs sponsored, advanced or undertaken by City and the Community Redevelopment Agency of the City of South Pasadena;
i. Welcome new businesses to the community by both a written communication of welcome and a personal contact (phone or in-person) where possible, by a representative of Chamber;
j. Independently, and as requested by City, advertise City at Chamber functions throughout the region at other conferences and activities as may be deemed beneficial to extolling the advantages of business development within City;
k. Make written progress reports to the Deputy City Manager, to be transmitted to City Council no less than once per calendar quarter, including showing all information required by City, including, but not limited to the services provided by Chamber hereunder during the applicable quarter;
l. Meet periodically, but no less than quarterly, with Deputy City Manager to review Chamber's progress in meeting its program and budget goals for the year, and to report on the services provided under this contract. 19 - 5
Chamber of Commerce Agreement FY 2022-23
264339.1
m. Prior to raising them publicly, make every good faith effort to notify City, through its Deputy City Manager of concerns raised by Chamber Board members, regarding actions or inactions of City pursuant to this Agreement;
n. Indemnify, hold harmless and defend City, its officers, employees and agents from any and all actions, claims, liabilities, losses, expenses, awards, damages and judgments, including attorney’s fees and court costs, which are related to or result from any action or inaction of Chamber or its officers, employees or agents relating to this Agreement or the use of the compensation paid hereunder, except that the Chamber shall not be responsible under the foregoing with respect to any Losses to the extent that a court of competent jurisdiction or arbitrator determines that such losses resulted from the City’s or indemnified person’s willful misconduct, bad faith, or gross negligence; and
o. Provide general commercial liability insurance and automobile liability insurance in amounts and with endorsements required by the City, as well as worker’s compensation insurance in an amount required by State law. p. Make one annual presentation at a City Council meeting on efforts pertaining to this agreement, accomplishments, highlights, joint efforts with the City, as an annual year-in-review.
2. City shall compensate Chamber by the sum of $105,500 for the 2022-23 fiscal year for the services described above in accordance with the following terms:
a. Chamber Budget. Chamber shall provide City with an adopted annual budget, including specific expenditures of BIT funding, before the first disbursement of City funds, as well as acopy of IRS 990 (first page) for the Chamber when completed during the fiscal year of the effective date of this Agreement and for each complete Chamber fiscal year thereafter for the term of this Agreement. City will not be obligated to make any payments to Chamber until and unless those documents are submitted to the Deputy City Manager. Entire tax documents can be made available to the City at City’s request, to be viewed at the Chamber office. b. Schedule of Disbursement. The annual compensation shall be disbursed in unequal quarterly installments upon receipt of a Chamber invoice and the written quarterly report; the schedule for payment is as follows: 40% of total amount payable in the first quarter; 20% in the second quarter, 20% in the third quarter and the remainder 20% in the fourth quarter. c. Disbursement for Various Services and Associations. The Chamber is required and solely responsible for the disbursement of a portion of its 19 - 6
-
Chamber of Commerce Agreement FY 2022-23
264339.1
annual allocation for various services and to other Associations in accordance with the City adopted annual budget. The City’s adopted budget for FY 2022-23 requires the following disbursement:
1. A minimum of $12,000 shall be set aside for the South Pasadena Tournament of Roses
d. Payment for Additional Services & Programs. From time to time the City Council may authorize payment for Chamber services and programs beyond the immediate scope of this Agreement. In such cases, City will pay for such services only after receipt of an invoice from Chamber.
Payment is due within 30 days after receipt of required documentation, satisfactory to the Deputy City Manager; and
e. Discussion of Concerns. Prior to raising them publicly, City shall make every good faith effort to notify Chamber, through its President/CEO or a majority of Chamber’s Executive Board members, of concerns raised by City Council members, or staff regarding actions or inactions of Chamber pursuant to this Agreement.
3. Chamber shall not utilize any monies received under this Agreement for the endorsement, opposition, or participation in any public office campaign or other political or lobbyist activity unless such use is a legally authorized expenditure for City and prior approval of the City Council is obtained.
4. Chamber shall keep such books and records as shall be necessary to perform the services required by this Agreement and to enable City to evaluate the cost and the performance of such services. Books and records shall be kept and prepared in accordance with generally accepted accounting principles and shall be maintained for five years after their preparation.
5. City shall have the right to audit Chamber’s records pertaining to this Agreement and the services to be performed hereunder. Chamber agrees to make available all pertinent records for the purpose of conducting such an audit at Chamber offices, during normal business hours. Such records shall be maintained for five years after their preparation.
6. Chamber and any agent or employee of Chamber shall act in an independent capacity and not as officers or employees of City. City assumes no liability for Chamber’s actions or performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or expressed, by or for Chamber. Chamber shall not have authority to act as an agent on behalf of City unless specifically authorized to do so in writing. Chamber acknowledges that it is aware that because it is an independent contractor, City is making no deduction from any amount paid to Chamber and is not contributing to any fund on its behalf. Chamber disclaims the right to any fee or benefits except as expressly provided for in this Agreement. 19 - 7
Chamber of Commerce Agreement FY 2022-23
264339.1
7. This Agreement may be terminated in whole or in part at any time by either party hereto upon 90 days’ written notice to the other whereupon all rights and obligations of both parties hereto shall terminate as to the executory provisions of this Agreement, and the payments from City to Chamber hereunder shall be adjusted on a pro rata basis to the date of termination.
8. The term of this Agreement shall be for the period from July 20, 2022 to June 30, 2023; provided, that if the City approves any subsequent City budget which includes a line item for the expenditure of BIT revenues for uses similar to this Agreement, the City Manager is authorized to extend this Agreement for an additional period of time for use of those revenues covered by the approved expenditure and subject to modifications the parties deem appropriate or the City requires. This Agreement may be extended on an annual basis by the City Manager.
9. Resolution of Disputes:
A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.
B. If any action, at law or in equity, is brought to enforce or to interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to recover reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
10. The respective duties and obligations of the parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due.
11. In the performance of this Agreement, Chamber shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age physical or mental handicap, medical condition, or sexual orientation.
12. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force and effect without being impaired or invalidated in any way.
19 - 8
Chamber of Commerce Agreement FY 2022-23
264339.1
13. This Agreement shall be governed by and construed in accordance with laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.
In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California.
14. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party, which is not embodied herein, nor any other agreement; statement or promise not contained in this Agreement shall be valid and binding. Any modification of the Agreement shall be effective only if it is in writing and signed by all parties.
IN WITNESS HEREOF, the parties have executed this Agreement on the dates written on the next page.
CITY OF SOUTH PASADENA:
DATED: _____________ BY:
Arminé Chaparyan, City Manager
CHAMBER OF COMMERCE:
DATED: _____________ BY:
Andrew Berk, Board Chair
DATED: _____________ BY: ____________________________
Laurie Wheeler, President/CEO
ATTEST:
Christina Munoz, Deputy City Clerk
(seal)
APPROVED AS TO FORM:
Andrew Jared, City Attorney
19 - 9
ATTACHMENT 2
Business Improvement Tax (BIT) Revenues Data
19 - 10
Jul-21 4,281$
Aug-21 6,470$
Sep-21 4,223$
Oct-21 4,182$
Nov-21 6,277$
Dec-21 2,861$
Jan-22 3,509$
Feb-22 3,294$
Mar-22 5,685$
Apr-22 5,927$
May-22 4,364$
Jun-22 n/a
subtotal $ 51,072
Jul-21 2,652$
Aug-21 1,196$
Sep-21 3,744$
Oct-21 2,964$
Nov-21 3,068$
Dec-21 2,704$
Jan-22 3,380$
Feb-22 1,612$
Mar-22 4,992$
Apr-22 2,808$
May-22 2,028$
Jun-22 n/a
subtotal $ 31,148
Business Improvement Tax Revenue FY 2021-2022
From Business Licenses:
From Filming Permits:
Total BIT received as of May 31, 2022 for Fiscal Year 2021-2022 : $82,220 19 - 11
20 20 - 1
City Council
Agenda Report
DATE: July 20, 2022
FROM: Armine Chaparyan, City Manager ~
PREPARED BY: H. Ted Gerber, Director of Public Works
ITEM NO.
SUBJECT: Approve a Purchase Order to D&R Office Works, Inc. for Workstations at the Garfield Water Distribution Facility Recommendation
It is recommended that the City Council:
1. Approve a purchase order to D&R Office Works, Inc. for the purchase of twelve (12) workstations for the Garfield Water Distribution Facility, including delivery, assembly, and sales tax; and
2. Authorize the City Manager to execute the purchase order with D&R Office Works, Inc. in an amount not to exceed $55,000, including the $49,438.39 quoted price and a $5,438.39 contingency.
Background
In late 2021/early 2022, the Public Works Department staff that had occupied workstations and offices at City Hall moved to the second floor of the Garfield Water Distribution Facility. The City Hall office area previously occupied by Public Works staff is now occupied by Management Services staff.
Prior to the move, the Garfield Water Distribution Facility second floor was an open space with no fixed workstation units. Subsequently, the Public Works Department requested a mid-year budget adjustment from City Council in early 2022 to accommodate the purchase of workstations for full-time and part-time office staff. At present, the existing office staff at the Garfield Water Distribution Facility are utilizing temporary tables as workstations.
Analysis
Twelve workstations are required in the second floor open area for current Public Works office positions and positions that are now in recruitment. Positions currently in recruitment are the Public Works Assistant, Senior Civil Engineer, Associate Engineer, Civil Engineering Assistant, Two Inspectors, Two Management Analysts, Engineering Division Intern, Environmental Services & Sustainability Intern, and a forthcoming Transportation position.
The Public Works Director and Public Works Deputy Director are seated in the former Deputy Director and Water Operations Manager offices. The Water Operations Public Works Garfield Water Distribution Facility Workstation Purchase July 20, 2022
Manager and Environmental Services & Sustainability Manager will have offices located in another part of the building, in a separate effort.
In accordance with the City’s purchasing policy, the Public Works Department solicited proposals to purchase, deliver, and assemble the workstations:
Vendor Price
M3 Office (South Pasadena) $65,940.33
2010 Office Furniture (South El Monte) $45,188.56
D&R Office Works, Inc. (El Monte) $44,546.60
Note: D&R Office Works, Inc. was the only vendor to include chairs as requested in the quote.
For comparison, the value of the chairs and chair sales tax was removed from D&R’s price in the above table.
Fiscal Impact
Sufficient funds are available in the Public Works Administration & Engineering Special Department Expense Account No. 101-6010-6011-8020-000 ($40,000) and Water Distribution Special Department Expense Account No. 500-6010-6710-8020-000 ($15,000) as funds were appropriately carried forward from Fiscal Year 2021-2022.
Environmental Analysis
Assembly of workstations inside an existing facility is exempt from the California Environmental Quality Act (CEQA) analysis based on State CEQA Guidelines Section requirements under Section 21084 of the Public Resources Code, in accordance with Article 19, Section 15301, Class (1) "existing facilities." Attachment: D&R Office Works, Inc. Proposal
20 - 2
ATTACHMENT
D&R Office Works Proposal
20 - 3
ANTENEH TESFAYE
CITY OF SOUTH PASADENA
416 GARFIELD AVE.
SOUTH PASADENA CA 91030
626-460-6393
SAME
LEAONNA DEWITT
6/9/2022
BJ FERRANTE
BILL TO: SHIP TO:
PROPOSAL
ITEM QTY. MODEL / DESCRIPTION UNIT EXTENDED
HON
HETC24
Panel Top Cap 24"W
14 $14.61 $204.54
1 HON
HETC72
Panel Top Cap 72"W
18 $39.61 $712.98
2 HON
HSCKTPS
Straight Connector Kit
8 $7.79 $62.32
3 HON
HEFEC65P
Panel Finished End Covers 65H
14 $25.32 $354.48
4 HON
HEC65PTN
65H "T" Connector Post
4 $53.90 $215.60
5 HON
HEC65PLN
65H "L" Connector Post
12 $55.84 $670.08
6 HON
HECSL
"L" Connector Strap
12 $6.17 $74.04
7 HON
HECST
"T" Connector Strap
4 $8.44 $33.76
8 HON
HH871224
29 CITY OF SOUTH PASADENA - 060922.visual.sp4 6/9/2022
20 - 4
9956 baldwin place el monte, ca 91731
626.454.4660
Of fi Ce WO f k S , in C. www.dandrofficeworks.com
Electrical Power Harness 24W 3-1 & 2-2 Systems $78.57 $157.14 HON
HH871236
Electrical Power Harness 36W 3-1 & 2-2 Systems
12 $78.57 $942.84
10 HON
HH871501
Duplex Receptacle Circuit 1 3-1 & 2-2 Systems
22 $16.56 $364.32
11 HON
HH871502
Duplex Receptacle Circuit 2 3-1 & 2-2 Systems
24 $16.56 $397.44
12 HON
HH879072
Base In-Feed Cable Base 3-1 & 2-2 Systems
4 $87.66 $350.64
13 HON
HWR2472P
Systems Rectangular Worksurface Edgeband 24D x 72W
4 $201.62 $806.48
14 HON
HWR2436P
Systems Rectangular Worksurface Edgeband 24D x 36W
12 $132.14 $1,585.68
15 HON
HWV93AARP
Systems 72x36x24x24Rt Corner Cove Worksurface Edgeband
6 $254.55 $1,527.30
16 HON
HWV93AALP
Systems 72x36x24x24Left Corner Cove Worksurface Edgebd
6 $254.55 $1,527.30
17 HON
HVFB20R
Box/Box/File 28H x 19 7/8D x 15W
12 $212.34 $2,548.08
18 HON
HVFF23R
File/File 28H x 22 7/8D x15W
4 $216.56 $866.24
19 HON
HCTL242
24D Cantilever One Pair
16 $32.47 $519.52
20 HON
HCTL241L
821
CITY OF SOUTH PASADENA - 060922.visual.sp4 6/9/2022
20 - 5
Left-hand Cantilever 24"D $17.53 $140.24
HON
HCTL241R
Right-hand Cantilever 24"D
8 $17.53 $140.24
22 HON
HWSB2
Worksurface Bracket Kit
16 $18.18 $290.88
23 HON
HRVOH36FM
Abound Overhead-Metal Flipper Door 36"
12 $225.97 $2,711.64
24 HON
HH870930
Tasklight 30W
12 $87.99 $1,055.88
25 HON
HVFF20R
File/File 28H x 19 7/8D x 15W
8 $210.39 $1,683.12
26 HON
HEC65PXN
65H "X" Connector Post
2 $51.62 $103.24
27 HON
HECSX
"X" Connector Strap
2 $10.06 $20.12
28 HON
HEWS65P
Wall Starter Kit for Panels 65H
2 $41.23 $82.46
29 HON
HES3024G
Clear Glass Stacker 30H x 24W
14 $250.32 $3,504.48
30 HON
HES3036G
Clear Glass Stacker 30H x 36W
30 $291.56 $8,746.80
31 HON
HETP3524FP
Tackable Panel w/o TC 35H x 24W
14 $106.82 $1,495.48
32 HON
HETP3536FP
3033
CITY OF SOUTH PASADENA - 060922.visual.sp4 6/9/2022
20 - 6
Tackable Panel w/o TC 35H x 36W $119.48 $3,584.40
HON
HETP6536FP
Tackable Panel w/o TC 65H x 36W
6 $154.22 $925.32
34 925
2360-Y2-A8B
Bristol - Mid-Back, Synchro-Tilt Control, A8 Height Adj. Black Arms 12 $369.75 $4,437.00
35 TOTAL: $42,842.08
DELIVERY / INSTALLATION $2,000.00 $2,000.00
SALES TAX $4,596.31 $4,596.31
ORDER TOTAL:
TERMS / CONDITIONS:
-NET 30
-CREDIT CARDS: CREDIT CARD PAYMENTS OVER $5,000.00 WILL BE CHARGED A 3% PROCESSING FEE. -DELIVERY/INSTALLATION CHARGES BASED ON NORMALL BUSINESS HOURS / AREA CLEARED -MOVING OF ADDITIONAL FURNITURE IS NOT INCLUDED.
-SPECIAL ORDERS CAN NOT BE CANCELLED.
-ORDERS DELAYED OR HELD FOR MORE THAN 30 DAYS ARE DUE AND PAYABLE IN FULL. _____________________________________ ______________
SIGNATURE DATE
$49,438.39
CITY OF SOUTH PASADENA - 060922.visual.sp4 6/9/2022
20 - 7
IC IC 65E 65E 65E 65L 65T 65L
SL SLST 24PH 36PH 36PH 1 1 1 1 2 2 2 2 BIF
24x72 24x72 24x3624x36 72x36x24x24 72x36x24x24 BBF BBF
FF FF CB CBCB CB
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65T 65L 65L
SL SLST 36PH 36PH 1 1 1 1 2 2 2 2 24x3624x36 72x36x24x24 72x36x24x24 BBF BBF CBCB CR CL WBKWBK 3636TLTL FFFFWBKIC 65E 65E
65L 65L
SL SL 36PH 36PH 1 1 1 2 2 2 2 24x3624x36 72x36x24x24 72x36x24x24 BBF BBF CBCB CR CL WBKWBK 3636TLTL FFFFWBK
65X
SX 65W BIF TC24 30x24G TC24 30x24GTC24 30x24G TC24 30x24G 30x36G TC72 30x36G
TC72
30x36G 30x36G
TC72
30x36G TC72 30x36G
30x36G
TC72
30x36G 30x36G
TC72
30x36G 35x24T 35x24T35x24T 35x24T
35x36T 35x36T 35x36T 35x36T 35x36T 35x36T
35x36T 35x36T 35x36T 35x36T 65x36T 65x36T 65x36T 35x24T TC24 30x24G TC24 30x24G 35x24T35x24T TC24 30x24G 35x36T TC72 30x36G 35x36T 30x36G35x36T
TC72 30x36G
35x36T 30x36G35x36T
TC72 30x36G IC IC 65E 65E 65E 65L 65T 65L
SL SLST 24PH 36PH 36PH 1 1 1 1 2 2 2 2 BIF
24x72 24x72 24x3624x36 72x36x24x24 72x36x24x24 BBF BBF
FF FF CB CBCB CB
CL CR
CR CL WBKWBK 3636TL TL 65x36T 35x24T TC24 30x24G TC24 30x24G 35x24T35x24T TC24 30x24G 35x36T TC72 30x36G 35x36T 30x36G35x36T
TC72 30x36G
35x36T 30x36G35x36T
TC72 30x36G IC 65E 65E
65T 65L 65L
SL SLST 36PH 36PH 1 1 1 1 2 2 2 2 24x3624x36 72x36x24x24 72x36x24x24 BBF BBF CBCB CR CL WBKWBK 3636TLTL FFFFWBKIC 65E 65E
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TC72
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30x36G
TC72
30x36G 30x36G
TC72
30x36G 35x24T 35x24T35x24T 35x24T
35x36T 35x36T 35x36T 35x36T 35x36T 35x36T
35x36T 35x36T 35x36T 35x36T 65x36T 65x36T
20 - 8
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21 21 - 1
City Council
Agenda Report
DATE: July 20, 2022
FROM: Armine Chaparyan, City Manager J}0
PREPARED BY: Alma Medina, Senior Management Analyst
Mark Jimenez, Management Assistant
ITEM NO. --
SUBJECT: Authorize the City Manager to Execute a Lease Agreement with Xerox Financial Services, LLC and an Agreement with MRC Smart Technology Solutions, for the Lease of Twelve Xerox Multi-Function Copiers, and Maintenance Services, for a Five-Year Term
Recommendation
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with Xerox Financial Services, LLC, for the lease of twelve (12) Xerox multi-function copiers, at a monthly lease cost of $2,000; and
2. Authorize the City Manager to execute a service agreement with MRC Smart Technology Solutions for the maintenance of the twelve (12) leased Xerox multifunction copiers, for a five-year term.
Background
The City has leased Xerox multi-function copiers from Xerox Financial Services, with maintenance performed through MRC Smart Technology Solutions (MRC) since 2016, and has since added additional copiers to the city's copier fleet through Xerox Financial Services and MRC in 2018 and 2019. The copiers leased in 2018 and 2019 are not under the same agreement as those leased in 2016. The proposed lease and maintenance agreements will consolidate all multi-function copiers into one agreement.
Analysis
The City relies heavily on the current Xerox multi-function copiers, and the currently leased machines have reached the end of their life cycle. Staff continuously places service calls to have the machines serviced for issues related to their old age. MRC Smart Technology Solutions provides on-call service and consistently has answered these service calls and has provided great customer service by addressing the City's needs expeditiously. However, the downtime and constant calls for service impact staff business and efficiency.
Lease and Service Agreements for Xerox Copiers
July 20, 2022
Staff surveyed the departments to learn of their copier needs. As such, with the approval of the proposed agreements, the City Clerk’s Division will have a dedicated copier, and the larger copier machines used in the City Manager and Community Development Departments will have the ability to tri-fold documents. These machines will provide for a cost savings in printing costs that the City would otherwise incur.
Some highlights of the proposed lease and service agreements are:
• Consolidates all copiers into one agreement
• Each Department and Division will have their own dedicated copier • Upgrades the City’s copier fleet to brand new Xerox copiers • One copier for the City Clerk’s Division
• Community Development copier will be upgraded to address the Department’s printing needs
• All supplies and service labor and parts are included (except for paper and staples)
• Cost savings of approximately $25,000 over the next five years Approval of this lease agreement will provide staff the adequate resources needed to perform their duties without interruption and with greater efficiency.
MRC is providing the City with government pricing for usage and maintenance of the copiers, under the Equalis Group, a cooperative purchasing organization that offers competitive pricing. Staff recommends approving a new lease agreement with Xerox Financial Services, LLC, for the lease of twelve (12) Xerox multi-function copiers and a service agreement with MRC Smart Technology Solution for the maintenance of these copiers in order to preserve continuity of services. The proposed agreements will provide continuity of service for the City, without interrupting operations.
Fiscal Impact
Funds for this lease agreement were included in the Fiscal Year 2022-23 budget, in the amounts of $25,000 and $20,000 and in Accounts 101-2030-2032-8300 (Lease Payment) and 101-2030-2032-8301 (Copier Usage).
The monthly cost for the lease of the twelve (12) Xerox multi-function copiers is $2,000, in addition to usage costs of $0.0048 per black and white copy and $0.048 per color copy.
Attachments:
1. Proposed Lease Agreement with Xerox Financial Services, LLC
2. Proposed Service Agreement with MRC Smart Technology Solutions 21 - 2
ATTACHMENT 1
Proposed Lease Agreement with
Xerox Financial Services, LLC
21 - 3
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Xerox / MRC 5657 Copely Drive, San Diego CA 92111
City of South Pasadena (626) 403-7312
1414 Mission Street Belinda Varela
South Pasadena CA 91030 [email protected]
See Schedule A
60 $1,999.51
95-6000798
21 - 4
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a e Y` ] U ^ d( dX Yc 6 W bU U ] U ^ d( _ b dX U Q ] _ e ^ dc ` Q i Q R \U X U bU e ^ T U b %S_ \\U SdYf U \i ( mJ Q hU cn&( g X YSX g Y\\ R U Y^ S\e T U T Y^ N< Ilc Y^ f _ YSU c d_ i _ e e ^ \U cc i _ e dY] U \i ` b_ f YT U S_ ^ dY^ e Y^ W ` b_ _ V _ V i _ e b dQ h U hU ] ` d cdQ de c* HU W Q bT \U cc _ V i _ e b dQ h)U hU ] ` d cdQ de c( N< IbU cU bfU c dX U bYW X d d_ ` Q cc dX b_ e W X ( Q ^ T i _ e Q W bU U d_ ` Q i ( Q ^ i ce SX J Q hU c dX Q d Q bU Q Sde Q \\i Q ccU ccU T R i dX U Q ` ` \YSQ R \U IdQ dU _ ^ N< IQ c \U cc_ b+_ g ^ U b _ V dX U ; a e Y` ] U ^ d* < _ b Ze bYcT YSdY_ ^ c g X U bU SU bdQ Y^ dQ hU c Q bU SQ \Se \Q dU T Q ^ T ` Q YT Q d dX U dY] U _ V Q W bU U ] U ^ d Y^ YdYQ dY_ ^ ( i _ e Q e dX _ bYjU N< Id_ VY^ Q ^ SU Q ^ T Q T Ze cd i _ e b FQ i ] U ^ d d_ Y^ S\e T U ce SX J Q hU c _ fU b dX U J U b] * K^ \U cc Q ^ T e ^ dY\N< I^ _ dYVYU c i _ e Y^ g bYdY^ W d_ dX U S_ ^ dbQ bi ( dX U V_ \\_ g Y^ W cX Q \\Q ` ` \i d_ FFJ Q ^ T bU de b^ c* ?V Q ^ < C L ` e bSX Q cU _ ` dY_ ^ Yc Q ` ` \YSQ R \U ( N< Ig Y\\ VY\U Q \\ FFJ bU de b^ c S_ f U bY^ W dX U ; a e Y` ] U ^ d( ` Q i dX U FFJ \U f YU T _ b Q ccU ccU T dX U bU _ ^ ( Q ^ T S_ \\U Sd Vb_ ] i _ e b Q SS_ e ^ d Q \\ FFJ _ ^ dX U ; a e Y` ] U ^ d* ?V Q " - ` e bSX Q cU _ ` dY_ ^ Yc Q ` ` \YSQ R \U ( i _ e g Y\\ VY\U Q \\ FFJ bU de b^ c S_ f U bY^ W dX U ; a e Y` ] U ^ d( ` Q i dX U FFJ \U fYU T _ b Q ccU ccU T dX U bU _ ^ ( Q ^ T ` b_ f YT U e c ` b_ _ V dX U bU _ V e ` _ ^ _ e b bU a e U cd* N< IC 6 A ; I D E M 6 HH6 D J O( ; NFH; IIEH ?C FB?; 9 ( H; = 6 H9 ?D = J > ; J 6 N EH 6 8 8 EKD J ?D = J H; 6 J C ; D J E< J > ?I6 = H; ; C ; D J * ,,) ; ae Y`] U^d M QbbQ^di ?^V_b] QdY_^Q^T 9YcS\QY] Ubc) N<I ?I C ; H; BO 6 <?D6 D8?6 B ?DJ; HC ; 9?6 HO'6 D9 >6 I DE ?DLEBL; C ; DJ ?D J>; 9; I?= D'C 6 DK <6 8JK H; 'I6 B; '9; B?L; HO' ?DIJ6 BB6 J?ED'K I; EH C 6 ?DJ; D6 D8; E< J>; ; G K ?FC ; DJ) J>; H; <EH; 'N<I 9?I8B6 ?C I'6 D9 OEK M 6 ?L; IEB; BO 6 = 6 ?DIJ N<I'6 BB ; G K ?FC ; DJ M 6 HH6 DJ?; I'; NFH; II EH ?C FB?; 9' ?D8BK 9?D= ' 7K J DEJ B?C ?J; 9 JE' J>; ?C FB?; 9 M 6 HH6 DJ?; I E< C ; H8>6 DJ6 7?B?JO' DED(?D<H?D= ; 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a e Y` ] U ^ d g X Y\U Yd Yc Y^ i _ e b ` _ ccU ccY_ ^ ( _ ` U bQ dY_ ^ ( e cU ( bU de b^ _ b _ dX U b T Yc` _ cYdY_ ^ _ V dX U ; a e Y` ] U ^ d5 Q ^ T %R & Q ^ i Q ^ T Q \\ \_ cc _ b T Q ] Q W U _ V _ b d_ dX U ; a e Y` ] U ^ d* D U YdX U b cU ^ dU ^ SU Y^ dX Yc IU SdY_ ^ cX Q \\ Q ` ` \i d_ 8 \Q Y] c Q bYcY^ W T YbU Sd\i Q ^ T ` b_ hY] Q dU \i Vb_ ] N<Ilc W b_ cc ^ U W \YW U ^ SU _ b g Y\\Ve \ ] YcS_ ^ T e Sd* ,.) 9UVQe \d Q^T HU] UTYUc) O_ e g Y\\ R U Y^ T U VQ e \d X U bU e ^ T U b YV N< IT _ U c ^ _ d bU SU Yf U Q ^ i FQ i ] U ^ d g YdX Y^ / , T Q i c Q VdU b Ydc T e U T Q dU ( _ b i _ e R bU Q SX Q ^ i _ dX U b ] Q dU bYQ \ _ R \YW Q dY_ ^ X U bU e ^ T U b _ b Q ^ i _ dX U b Q W bU U ] U ^ d g YdX N< I*?V i _ e T U VQ e \d(Q ^ T ce SX T U VQ e \d S_ ^ dY^ e U c V_ b - , T Q i c Q VdU b N< I` b_ f YT U c ^ _ dYSU d_ i _ e (N< I] Q i (Y^ Q T T YdY_ ^ d_ _ dX U b bU ] U T YU c %Y^ S\e T Y^ W T YcQ R \Y^ W _ b bU ` _ ccU ccY^ W dX U ; a e Y` ] U ^ d Q ^ T +_ b bU a e U cdY^ W Ie ` ` \YU b d_ SU Q cU ` U bV_ b] Y^ W e ^ T U b dX U C Q Y^ dU ^ Q ^ SU 6 W bU U ] U ^ d&( Y] ] U T YQ dU \i bU a e YbU i _ e d_ T _ _ ^ U _ b ] _ bU _ V dX U V_ \\_ g Y^ W 5 %Q & Q c \Ya e YT Q dU T T Q ] Q W U c V_ b \_ cc _ V R Q bW Q Y^ Q ^ T ^ _ d Q c Q ` U ^ Q \di (` Q i dX U ce ] _ V %Y& Q \\Q ] _ e ^ dc dX U ^ ` Q cd T e U (` \e c Y^ dU bU cd Vb_ ] dX U T e U T Q dU e ^ dY\` Q YT Q d dX U bQ dU Y^ Q SS_ bT Q ^ SU g YdX dX U \Q g c _ V i _ e b IdQ dU _ V V_ b] Q dY_ ^ S_ f U bY^ W cdQ dU Q W U ^ SYU c Q ^ T dX U Q ` ` \YSQ R \U S_ T U c S_ f U bY^ W ` _ \YdYSQ \ ce R T Yf YcY_ ^ c5 %YY& dX U FQ i ] U ^ dc bU ] Q Y^ Y^ W Y^ dX U J U b] %Y^ S\e T Y^ W dX U VYhU T ] Q Y^ dU ^ Q ^ SU S_ ] ` _ ^ U ^ d dX U bU _ V( YV ` U b] YddU T e ^ T U b dX U C Q Y^ dU ^ Q ^ SU 6 W bU U ] U ^ d&( T YcS_ e ^ dU T Q d dX U 9 YcS_ e ^ d HQ dU d_ dX U T Q dU _ V T U VQ e \d( %YYY& dX U ; 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a e Y` ] U ^ d \_ cc+T Q ] Q W U Y^ ce bQ ^ SU cX Q \\ R U g YdX \U ^ T U blc \_ cc ` Q i Q R \U d_ mN< I( Ydc ce SSU cc_ bc Q ^ T +_ b Q ccYW ^ c( Q c dX U Yb Y^ dU bU cdc ] Q i Q ` ` U Q b(n Q ^ T cX Q \\ R U g YdX S_ ] ` Q ^ YU c bU Q c_ ^ Q R \i Q SSU ` dQ R \U d_ N< I* N< IcX Q \\ R U cY] Y\Q b\i ^ Q ] U T Q c Q ^ Q T T YdY_ ^ Q \ Y^ ce bU T _ ^ Q \\ \YQ R Y\Ydi Y^ ce bQ ^ SU ` _ \YSYU c* J X U HU a e YbU T ?^ ce bQ ^ SU cX Q \\ ` b_ f YT U V_ b / , T Q i cl ` bY_ b ^ _ dYSU d_ N< I _ V SQ ^ SU \\Q dY_ ^ * OEK C KIJ FHEL ?9 ; N<I EH EKH 9 ; I?= D ; ; I M ?J > I6 J ?I< 6 8 J EHOM H?J J ; D ; L ?9 ; D 8 ; E< H; GK?H; 9 ?D IKH6 D 8 ; M ?J > ?D / , 9 6 OIE< J > ; 6 8 8 ; FJ 6 D 8 ; 9 6 J ; 6 D 9 6 D OIK7 I; GK; D J M H?J J ; D H; GK; IJ 7 ON< IEH EKH 9 ; I?= D ; ; I* O_ e ] e cd ` b_ ] ` d\i ^ _ dYVi N< I_ V Q ^ i \_ cc _ b T Q ] Q W U d_ ; a e Y` ] U ^ d g X YSX ] Q [ U c Q ^ i YdU ] _ V ; a e Y` ] U ^ d e ^ VYd V_ b S_ ^ dY^ e U T _ b bU ` Q YbQ R \U e cU * O_ e X U bU R i YbbU f _ SQ R \i Q ` ` _ Y^ d N< IQ c i _ e b Q dd_ b^ U i )Y^ )VQ Sd d_ U hU Se dU Q ^ T U ^ T _ bcU Q \\ SX U S[ c _ b T bQ Vdc Y^ i _ e b ^ Q ] U d_ S_ \\U Sd e ^ T U b Q ^ i ce SX HU a e YbU T ?^ ce bQ ^ SU * ?^ ce bQ ^ SU ` b_ SU U T c Vb_ ] HU a e YbU T ?^ ce bQ ^ SU bU SU Yf U T cX Q \\ R U Q ` ` \YU T ( Q d N< Ilc _ ` dY_ ^ ( d_ %h& bU cd_ bU dX U ; a e Y` ] U ^ d c_ dX Q d Yd Yc Y^ dX U cQ ] U S_ ^ T YdY_ ^ Q c g X U ^ T U \Yf U bU T d_ i _ e %^ _ b] Q \ g U Q b Q ^ T dU Q b U hSU ` dU T &( _ b %i & YV dX U ; a e Y` ] U ^ d Yc ^ _ d bU cd_ bQ R \U ( d_ bU ` \Q SU Yd g YdX \Y[ U )[ Y^ T S_ ^ T YdY_ ^ ; a e Y` ] U ^ d Vb_ ] dX U cQ ] U ] Q ^ e VQ Sde bU b( _ b %j& ` Q i d_ N< IdX U W bU Q dU b _ V %Y& dX U d_ dQ \ e ^ ` Q YT FQ i ] U ^ dc V_ b dX U U ^ dYbU J U b] X U bU _ V %T YcS_ e ^ dU T d_ ` bU cU ^ d f Q \e U Q d dX U 9 YcS_ e ^ d HQ dU & ` \e c( YV Q ^ < C L ` e bSX Q cU _ ` dY_ ^ Yc T U cYW ^ Q dU T _ ^ dX U VYbcd ` Q W U X U bU _ V( N<Ilc bU cYT e Q \Y^ dU bU cd Y^ ce SX ; a e Y` ] U ^ d %X U bU Y^ Q W bU U T d_ R U . , # _ V dX U ; a e Y` ] U ^ dlc _ bYW Y^ Q \S_ cd d_ N< I& ` \e c Q ^ i _ dX U b Q ] _ e ^ dc T e U d_ N< IX U bU e ^ T U b( _ b %YY& dX U 9 U dU b] Y^ U T < C L Y] ] U T YQ dU \i ` bY_ b d_ dX U \_ cc _ b T Q ] Q W U * DE BEIIEH96 C 6 = ; JE ; G K ?FC ; DJ I>6 BBH; B?; L; OEK E< 6 DO E< OEK HH; C 6 ?D?D= E7B?= 6 J?EDI K D9; HJ>?I 6 = H; ; C ; DJ'7K J N<I I>6 BB6 FFBO 6 DO ?DIK H6 D8; FHE8; ; 9I JE H; 9K 8; J>; H; C 6 ?D?D= 6 C EK DJI 9K ; ) D _ dg YdX cdQ ^ T Y^ W ` b_ Se bU ] U ^ d _ V HU a e YbU T ?^ ce bQ ^ SU ( i _ e bU ] Q Y^ ` bY] Q bY\i \YQ R \U V_ b ` U bV_ b] Q ^ SU e ^ T U b dX Yc IU SdY_ ^ Y^ dX U U f U ^ d dX U Q ` ` \YSQ R \U Y^ ce bQ ^ SU SQ bbYU b VQ Y\c _ b bU Ve cU c d_ ` Q i Q ^ i S\Q Y] * ,0) <Y^Q^SU BUQcU Q^T 8e cd_] UbM QYfUbc) K ^\Ucc dXYc 6 W bUU] U^dYc TUcYW ^QdUT d_ XQfU Q ! , `e bSXQcU _`dY_^'dXU `QbdYUc QW bUU dXYc 6 W bUU] U^d cXQ\\RU S_^cdbe UT Qc Q m VY^Q^SU \UQcUn e ^TUb K 88 6 bdYS\U -6 ) 8e cd_] Ubg QYfUc Ydc bYW Xdc Qc Q \UccUU e ^TUbK 88 -6 cUSdY_^c 0+3(0--) ,1) 6 e dX_bYjQdY_^_VIYW ^_bc'6 ``\YSQR\U F_\YSYUc Q^T 8bUTYd HUfYUg ) J X Yc 6 W bU U ] U ^ d X Q c R U U ^ T e \i Q e dX _ bYjU T ( U hU Se dU T Q ^ T T U \Yf U bU T R i dX U FQ bdYU c Y^ Q SS_ bT Q ^ SU g YdX Q \\ Q ` ` \YSQ R \U \Q g c( be \U c( _ bT Y^ Q ^ SU c Q ^ T bU W e \Q dY_ ^ c %Y^ S\e T Y^ W Q \\ Q ` ` \YSQ R \U \Q g c W _ f U b^ Y^ W _ ` U ^ ] U U dY^ W c( ` e R \YS R YT T Y^ W Q ^ T Q ` ` b_ ` bYQ dY_ ^ c bU a e YbU T Y^ S_ ^ ^ U SdY_ ^ X U bU g YdX Q ^ T Yc fQ \YT ( \U W Q \ Q ^ T R Y^ T Y^ W Y^ Q SS_ bT Q ^ SU g YdX Ydc dU b] c* J X U ` U bc_ ^ %c& cYW ^ Y^ W dX Yc 6 W bU U ] U ^ d X Q f U dX U Q e dX _ bYdi d_ T _ c_ ( Q bU Q SdY^ W g YdX dX U Ve \\Q e dX _ bYjQ dY_ ^ _ V dX U Yb W _ f U b^ Y^ W R _ T i Q ^ T X _ \T dX U _ VVYSU c Y^ T YSQ dU T R U \_ g dX U Yb cYW ^ Q de bU c( U Q SX _ V g X YSX Q bU W U ^ e Y^ U * O_ e Q W bU U d_ Ve b^ YcX VY^ Q ^ SYQ \Y^ V_ b] Q dY_ ^ ( Y^ S\e T Y^ W i _ e b < U T U bQ \J Q h ?9 (dX Q d N< I] Q i bU a e U cd ^ _ g ( g X YSX cX Q \\Q SSe bQ dU \i bU ` bU cU ^ d i _ e b VY^ Q ^ SYQ \ S_ ^ T YdY_ ^ ( Q ^ T i _ e Q e dX _ bYjU N< Id_ _ R dQ Y^ SbU T Yd bU ` _ bdc _ ^ i _ e Y^ dX U Ve de bU cX _ e \T i _ e T U VQ e \d _ b VQ Y\ d_ ] Q [ U ` b_ ] ` d ` Q i ] U ^ dc X U bU e ^ T U b* N< IbU ` bU cU ^ dc dX Q d Yd Yc ce R ZU Sd d_ ( Q ^ T cX Q \\ Q R YT U R i ( dX U NU b_ h 8 _ b` _ bQ dY_ ^ Q ^ dY)T YcSbY] Y^ Q dY_ ^ ( U a e Q \ U ] ` \_ i ] U ^ d Q ^ T _ dX U b ` _ \YSYU c V_ e ^ T Q d X dd` c4++g g g *hU b_ h*S_ ] +U ^ )e c+Z_ R c+T Yf U bcYdi +` _ \YSYU c)Q ^ T )cdbQ dU W YU c Q ^ T dX U U dX YSc Q ^ T S_ ] ` \YQ ^ SU ` _ \YSYU c V_ e ^ T Q d X dd` c4++g g g *hU b_ h*S_ ] +U ^ )e c+Q R _ e d+S_ b` _ bQ dU )SYdYjU ^ cX Y` +U dX YSc( Q ^ T dX Q d ce SX ` _ \YSYU c cX Q \\ S_ ^ db_ \ _ f U b Q ^ i cY] Y\Q b 8 e cd_ ] U b ` _ \YSYU c Y^ V_ bSU * ,2) EbYW Y^Q\Q^T I_\U 8_^db_\\Y^W 9_Se ] U^d) D_ C _TYVYSQdY_^c K ^\Ucc Y^M bYdY^W ) J X Yc 6 W bU U ] U ^ d S_ ^ cdYde dU c dX U U ^ dYbU Q W bU U ] U ^ d R U dg U U ^ dX U FQ bdYU c Q c d_ dX U ce R ZU Sdc Q T T bU ccU T X U bU Y^ ( Q ^ T bU ` bU cU ^ dQ dY_ ^ c _ b cdQ dU ] U ^ dc ^ _ d Y^ S\e T U T X U bU Y^ Q bU ^ _ d ` Q bd _ V dX Yc 6 W bU U ] U ^ d Q ^ T Q bU ^ _ d R Y^ T Y^ W _ ^ dX U FQ bdYU c* O_ e Q W bU U dX Q d Q ^ U hU Se dU T S_ ` i _ V dX Yc 6 W bU U ] U ^ d dX Q d Yc cYW ^ U T R i i _ e b Q e dX _ bYjU T bU ` bU cU ^ dQ dYf U Q ^ T R i N< Ilc Q e dX _ bYjU T bU ` bU cU ^ dQ dYf U %Q ^ _ bYW Y^ Q \ ] Q ^ e Q \ cYW ^ Q de bU _ b ce SX cYW ^ Q de bU bU ` b_ T e SU T R i ] U Q ^ c _ V Q bU \YQ R \U U \U Sdb_ ^ YS V_ b] ( ce SX Q c U \U Sdb_ ^ YS dbQ ^ c] YccY_ ^ _ V Q VQ ScY] Y\U _ b U \U Sdb_ ^ YS cYW ^ Q de bU & cX Q \\R U ] Q b[ U T m_ bYW Y^ Q \n R i N< IQ ^ T cX Q \\S_ ^ cdYde dU dX U _ ^ \i _ bYW Y^ Q \T _ Se ] U ^ d V_ b Q \\` e b` _ cU c* J _ dX U U hdU ^ d dX Yc 6 W bU U ] U ^ d S_ ^ cdYde dU c K8 8 SX Q ddU \ ` Q ` U b( ^ _ cU Se bYdi Y^ dU bU cd Y^ dX Yc 6 W bU U ] U ^ d ] Q i R U SbU Q dU T U hSU ` d R i dX U ` _ ccU ccY_ ^ _ b dbQ ^ cVU b _ V dX U S_ ` i ] Q b[ U T m_ bYW Y^ Q \n R i N<I* ?< 6 FKH8 > 6 I; EH9 ; H EH EJ > ; H 9 E8 KC ; D J ?I ?IIK; 9 7 OOEK( D ED ; E< ?J I J ; HC I 6 D 9 8 ED 9 ?J ?ED I I> 6 BB 7 ; 7 ?D 9 ?D = ED N< I( 6 I J > ; J ; HC I 6 D 9 8 ED 9 ?J ?ED I E< J > ?I 6 = H; ; C ; D J ; N8 BKI?L ; BO= EL ; HD J > ; J H6 D I6 8 J ?ED 9 E8 KC ; D J ; 9 > ; H; ?D * IK FFB?; H 6 D9 ?JI H; FH; I; DJ6 J?L; I 6 H; DEJ EK H 6 = ; DJI 6 D9 6 H; DEJ 6 K J>EH?P; 9 JE C E9?<O EH D; = EJ?6 J; J>; J; HC I E< J>?I 6 = H; ; C ; DJ) J>?I 6 = H; ; C ; DJ C 6 O DEJ 7; 6 C ; D9; 9 EH IK FFB; C ; DJ; 9 ; N8; FJ ?D6 M H?JJ; D6 = H; ; C ; DJ I?= D; 9 7O 6 K J>EH?P; 9 H; FH; I; DJ6 J?L; I E< J>; F6 HJ?; I 6 D9 DE FHEL?I?EDI 86 D7; M 6 ?L; 9 ; N8; FJ ?D6 M H?J?D= I?= D; 9 7O N<I) N< Ilc VQ Y\e bU d_ _ R ZU Sd d_ dU b] c S_ ^ dQ Y^ U T Y^ Q ^ i S_ ] ] e ^ YSQ dY_ ^ Vb_ ] i _ e g Y\\ ^ _ d R U Q g Q Yf U b _ b ] _ T YVYSQ dY_ ^ _ V dX U dU b] c _ V dX Yc 6 W bU U ] U ^ d* O_ e Q e dX _ bYjU N< Id_ Y^ cU bd _ b S_ bbU Sd ] YccY^ W Y^ V_ b] Q dY_ ^ _ ^ dX Yc 6 W bU U ] U ^ d( Y^ S\e T Y^ W R e d ^ _ d \Y] YdU T d_ i _ e b ` b_ ` U b \U W Q \ ^ Q ] U ( Q W bU U ] U ^ d+^ e ] R U bc( cU bYQ \ ^ e ] R U bc Q ^ T _ dX U b ; a e Y` ] U ^ d Y^ V_ b] Q dY_ ^ ( c_ \_ ^ W Q c dX U bU Yc ^ _ ] Q dU bYQ \Y] ` Q Sd d_ i _ e b VY^ Q ^ SYQ \ _ R \YW Q dY_ ^ c* ,3) = _fUb^Y^W BQg '@e bYcTYSdY_^'LU^e U Q^T @K HO JH?6 BM 6 ?L; H) J > ?I6 = H; ; C ; D J ?I= EL ; HD ; 9 7 O( 6 D 9 I> 6 BB 7 ; 8 ED IJ HK; 9 ?D 6 8 8 EH9 6 D 8 ; M ?J > ( J > ; B6 M IE< J > ; IJ 6 J ; M > ; H; J > ; ; GK?FC ; D J ?IBE8 6 J ; 9 * J > ; @KH?I9 ?8 J ?ED 6 D 9 L ; D K; E< 6 D O6 8 J ?ED J E ; D < EH8 ; J > ?I6 = H; ; C ; D J ( EH EJ > ; HM ?I; H; B6 J ?D = J E J > ?I6 = H; ; C ; D J ( I> 6 BB 7 ; ?D 6 < ; 9 ; H6 B EH IJ 6 J ; 8 EKHJ M > ; H; J > ; ; GK?FC ; D J ?IBE8 6 J ; 9 * K DB; IIIF; 8?<?86 BBO FHE>?7?J; 9 7O J>; 6 FFB?86 7B; = EL; HD?D= B6 M H; <; H; D8; 9 6 7EL; 'J>; F6 HJ?; I>; H; 7O M 6 ?L; 6 DO H?= >J JE JH?6 B7O @K HO ?D6 DO 6 8J?EDH; B6 J; 9 JE EH6 H?I?D= EK J E< J>?I6 = H; ; C ; DJ) ,4) C YcSU\\Q^U_e c) O_ e b _ R \YW Q dY_ ^ c e ^ T U b dX U mJ Q hU cn Q ^ T mBYQ R Y\Ydi n IU SdY_ ^ c S_ ] ] U ^ SU e ` _ ^ U hU Se dY_ ^ ( Q ^ T ce bf Yf U dX U U h` YbQ dY_ ^ _ b U Q b\YU b dU b] Y^ Q dY_ ^ ( _ V dX Yc 6 W bU U ] U ^ d* D _ dYSU c X U bU e ^ T U b ] e cd R U Y^ g bYdY^ W * D _ dYSU c d_ i _ e g Y\\ R U cU ^ d d_ dX U m7 Y\\Y^ W 6 T T bU ccn ` b_ f YT U T _ ^ dX U VYbcd ` Q W U X U bU _ V( Q ^ T ^ _ dYSU c d_ N< IcX Q \\ R U cU ^ d d_ _ e b Q T T bU cc ` b_ fYT U T _ ^ dX U VYbcd ` Q W U X U bU _ V* D _ dYSU c g Y\\ R U T U U ] U T W Yf U ^ 1 T Q i c Q VdU b ] Q Y\Y^ W R i VYbcd S\Q cc ] Q Y\ _ b . T Q i c Q VdU b cU ^ T Y^ W R i ^ Q dY_ ^ Q \\i bU S_ W ^ YjU T _ f U b^ YW X d S_ e bYU b* ?^ f _ YSU c Q bU ^ _ d S_ ^ cYT U bU T ^ _ dYSU c Q ^ T Q bU ^ _ d W _ f U b^ U T R i dX U ^ _ dYSU dU b] c X U bU _ V* I_ \U \i V_ b S_ \\U SdY_ ^ ` e b` _ cU c( O_ e Q e dX _ bYjU N< Id_ S_ ] ] e ^ YSQ dU g YdX i_ e R i Q ^ i U \U Sdb_ ^ YS ] U Q ^ c %Y^ S\e T Y^ W SU \\e \Q b ` X _ ^ U ( U ] Q Y\( Q e d_ ] Q dYS T YQ \Y^ W Q ^ T bU S_ bT U T ] U ccQ W U c& e cY^ W Q ^ i ` X _ ^ U ^ e ] R U b %Y^ S\e T Y^ W SU \\e \Q b& _ b U \U Sdb_ ^ YS Q T T bU cc i _ e ` b_ f YT U d_ e c* ?V Q S_ e bd VY^ T c Q ^ i dU b] _ V dX Yc 6 W bU U ] U ^ d e ^ U ^ V_ bSU Q R \U ( dX U bU ] Q Y^ Y^ W dU b] c g Y\\ bU ] Q Y^ Y^ U VVU Sd* J X U VQ Y\e bU R i U YdX U b FQ bdi d_ U hU bSYcU Q ^ i bYW X d _ b bU ] U T i g Y\\ ^ _ d S_ ^ cdYde dU Q g Q Yf U b _ V ce SX bYW X d _ b bU ] U T i * ?V ] _ bU dX Q ^ _ ^ U ` Q bdi X Q c cYW ^ U T dX Yc 6 W bU U ] U ^ d Q c 8 e cd_ ] U b( U Q SX ce SX ` Q bdi Q W bU U c dX Q d Ydc \YQ R Y\Ydi Yc Z_ Y^ d Q ^ T cU f U bQ \* J X U V_ \\_ g Y^ W V_ e b cU ^ dU ^ SU c S_ ^ db_ \ _ f U b U f U bi _ dX U b ` Q bd _ V dX Yc 6 W bU U ] U ^ d4 7 _ dX FQ bdYU c g Y\\ S_ ] ` \i g YdX Q ` ` \YSQ R \U \Q g c* N< Ig Y\\ ^ _ d SX Q bW U _ b S_ \\U Sd Q ^ i Q ] _ e ^ dc Y^ U hSU cc _ V dX _ cU Q \\_ g U T R i Q ` ` \YSQ R \U \Q g * 6 ^ i ` Q bd _ V dX Yc 6 W bU U ] U ^ d dX Q d g _ e \T ( R e d V_ b dX U \Q cd V_ e b cU ^ dU ^ SU c _ V dX Yc IU SdY_ ^ ( R U bU Q T e ^ T U b Q ^ i SYbSe ] cdQ ^ SU c d_ Q \\_ g V_ b Q S X Q bW U X YW X U b dX Q ^ dX Q d Q \\_ g U T e ^ T U b Q ^ i Q ` ` \YSQ R \U \U W Q \\Y] Yd( Yc ] _ T YVYU T R i dX Yc IU SdY_ ^ d_ \Y] Yd dX U Q ] _ e ^ dc SX Q bW U Q R \U X U bU e ^ T U b d_ dX U ] Q hY] e ] Q ] _ e ^ d Q \\_ g U T e ^ T U b dX U \U W Q \ \Y] Yd* ?V( Y^ Q ^ i SYbSe ] cdQ ^ SU c( Q ^ i Q ] _ e ^ d Y^ U hSU cc _ V dX Q d Q \\_ g U T R i \Q g Yc SX Q bW U T _ b bU SU Yf U T ( Q ^ i ce SX SX Q bW U g Y\\ R U T U U ] U T \Y] YdU T R i dX U Q ] _ e ^ d \U W Q \\i Q \\_ g U T Q ^ T Q ^ i Q ] _ e ^ d bU SU Yf U T R i N< IY^ U hSU cc _ V dX Q d \U W Q \\i Q \\_ g U T g Y\\R U Q ` ` \YU T R i e c d_ dX U ` Q i ] U ^ d _ V Q ] _ e ^ dc \U W Q \\i _ g U T X U bU e ^ T U b _ b bU Ve ^ T U T d_ i _ e * -+) D_^(6 ``b_`bYQdY_^* J X Yc IU SdY_ ^ Yc Q ` ` \YSQ R \U _ ^ \i YV dX U Y^ S\e cY_ ^ _ V Q ^ _ ^ )Q ` ` b_ ` bYQ dY_ ^ ` b_ f YcY_ ^ Yc \U W Q \\i bU a e YbU T * O_ e b _ R \YW Q dY_ ^ d_ ` Q i Q \\Q ] _ e ^ dc T e U X U bU e ^ T U b Yc S_ ^ dY^ W U ^ d e ` _ ^ Q ` ` b_ f Q \ _ V dX U Q ` ` b_ ` bYQ dY_ ^ _ V Ve ^ T c R i i _ e b W _ f U b^ Y^ W R _ T i * ?^ dX U U f U ^ d Ve ^ T c Q bU ^ _ d Q ` ` b_ ` bYQ dU T V_ b Q ^ i V_ bdX S_ ] Y^ W VYcSQ \ ` U bY_ T U a e Q \ d_ Q ] _ e ^ dc T e U X U bU e ^ T U b( Q ^ T i _ e X Q fU ^ _ _ dX U b Ve ^ T c \U W Q \\i Q fQ Y\Q R \U d_ R U Q \\_ SQ dU T d_ dX U ` Q i ] U ^ d _ V i _ e b _ R \YW Q dY_ ^ c X U bU e ^ T U b( i _ e ] Q i dU b] Y^ Q dU dX Yc 6 W bU U ] U ^ d U VVU SdYf U _ ^ dX U VYbcd T Q i _ V ce SX VYcSQ \ ` U bY_ T %mJ U b] Y^ Q dY_ ^ 9 Q dU n& YV4 %Q & i _ e X Q f U e cU T T e U T Y\YW U ^ SU d_ U hX Q e cd Q \\ Ve ^ T c \U W Q \\i Q f Q Y\Q R \U 5 Q ^ T %R & N< IX Q c bU SU Yf U T g bYddU ^ ^ _ dYSU Vb_ ] i _ e Q d \U Q cd dX Ybdi %/ , & T Q i c R U V_ bU dX U J U b] Y^ Q dY_ ^ 9 Q dU * 6 d N<Ilc bU a e U cd(i _ e cX Q \\` b_ ] ` d\i ` b_ f YT U ce ` ` \U ] U ^ dQ \T _ Se ] U ^ dQ dY_ ^ Q c d_ ce SX ^ _ ^ )Q ` ` b_ ` bYQ dY_ ^ * K` _ ^ dX U _ SSe bbU ^ SU _ V ce SX ^ _ ^ )Q ` ` b_ ` bYQ dY_ ^ (i _ e cX Q \\^ _ d R U _ R \YW Q dU T V_ b Q ^ i FQ i ] U ^ d%c& V_ b Q ^ i VYcSQ \ ` U bY_ T V_ b g X YSX Ve ^ T c X Q fU ^ _ d R U U ^ c_ Q ` ` b_ ` bYQ dU T ( Q ^ T i _ e cX Q \\ ` b_ ] ` d\i T U \Yf U b dX U ; a e Y` ] U ^ d d_ dX U 9 U Q \U b %_ b ce SX _ dX U b ` Q bdi Q c g U ] Q i T U cYW ^ Q dU & Q c cU d V_ bdX Y^ dX U bU de b^ ` b_ f YcY_ ^ c X U bU _ V*
21 - 5
XFS-CPI-SCHEDULE-A-04.05.18Rev
Xerox Financial Services LLC
201 Merritt 7
Norwalk, CT 06851
Equipment Schedule “A”
This Equipment Schedule “A” is attached to and becomes a part of the Agreement Number listed below, between Xerox Financial Services LLC and the undersigned Customer.
Agreement Number:
EQUIPMENT
QTY MODEL and DESCRIPTION
MONTHLY IMAGE ALLOWANCE* EXCESS IMAGE CHARGE**
B&W COLOR B&W COLOR
*Included in Base Payment - **Plus applicable taxes
This Schedule “A” is hereby verified as correct by the undersigned Customer
ACCEPTANCE
Customer:
X: Date:
Authorized Signer
Name: Title:
21 - 6
xerox 8 ®
ATTACHMENT 2
Proposed Service Agreement with MRC Smart
Technology Solutions
21 - 7
MRC Smart Technology Solutions
5657 Copley Dr, San Diego, CA 92111
858-573-6300
NAME NAME
ADDRESS ADDRESS
CITY CITY
STATE ZIP STATE ZIP
PHONE PHONE
X See Schedule A for more devices.
X All inclusive (no staples)
Notes / Special Instructions
Base Billing Monthly Term Start
Overage Billing Quarterly End
MRC 360 APP
Accept installation Name Phone
Decline Email
Company
Print name Print name
Title Date Title Date
6/2/2022
AUTHORIZATION
Authorized
Signature
Payment Included items
0 See Lease
0.0048
0.048
See Lease
CUSTOMER INFO
BILL TO
1414 Mission St
SHIP TO
South Pasadena
CA 91030
City of South Pasadena
SERVICED DEVICES
Standard BW Copier
0 Standard CLR Copier
C9070, BW
CUSTOMER AGREES TO PURCHASE AND COMPANY AGREES TO PROVIDE MAINTENANCE SERVICE, PARTS, AND SUPPLIES. UNLESS OTHERWISE STATED HEREIN, FOR THE EQUIPMENT LISTED ON THE ATTACHED SCHEDULE A ("EQUIPMENT") IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH IS ATTACHED HERETO (TOGETHER, THIS "AGREEMENT"). PAPER, LABELS, TRANSPARENCIES, OR STAPLES ARE NOT INCLUDED. THE AGREEMENT TERM STARTS ON THE LATER OF THE DATE ON WHICH NEW EQUIPMENT IS INSTALLED BY COMPANY OR THE CUSTOMER SIGNATURE DATE BELOW. BY SIGNING, CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGES THAT THE AGREEMENT IS NOT BINDING ON COMPANY UNTIL SIGNED BY ITS CFO.
SERVICE AGREEMENT
Make / Model Serial Number
Starting Meter
Location / Notes BW/CLR
City of South Pasadena, Belinda Varela
1414 Mission St
South Pasadena
CA 91030
(626) 403-7312 (626) 403-7312
0 MRC Smart Technology Solutions
David D'Eamo
MRC Authorized
Signature
Account Manager
City of South Pasadena
Zero Allowance, billed qtrly, all supplies
and service labor and parts included
(except for paper and staples)
60 0 See Lease
METER
COLLECTION
AGREEMENT DETAILS
Device Group Volume Overage Rate
C9070, CLR
0.0048
0.048
See Lease
Total See Lease
21 - 8
SA 6-19.1 1 of 3
r_ MRC I 4§y_otfice
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.,equalis GROUP
Customer Initials Company Initials
SERVICE AGREEMENT TERMS AND CONDITIONS
1. This required Service Agreement Terms and Conditions (“Agreement”) is attached to and made a part of the Service Agreement between Customer and Company. This Agreement covers required maintenance and all toner and ink cartridges (“Supplies”) provided by Company necessitated by normal use by Customer, as listed on page one, of Newly Acquired Machines from Company as listed on Schedule A, and Pre-Existing Customer Machines. Damage to the Equipment or its parts caused by misuse, abuse, or negligence beyond Company's control are not covered. Company reserves the right to replace the Equipment rather than repair it, at no cost to Customer, if it is determined by Company service personnel that it is more cost effective. In the event Equipment cannot be repaired by Company due to age, expected life meter range, excessive volume usage, chronic failure, parts unavailability or other reasons outside of Company’s control, Customer has the option of replacing it by purchasing new Equipment, or a mutually agreed upon used piece of Equipment, or rebalancing its fleet. Company may terminate this Agreement in the event: preexisting Customer Equipment is not in good working order as of the Start Date of the Agreement, or any Equipment is: modified, altered, serviced by personnel other than those authorized by MRC, damaged in a move, given supply items other than those provided by Company that, in Company’s judgment, increase the cost of basic service, and in all such cases Customer agrees to pay Company for Company Supplies installed in Customer’s Equipment that will be left with Customer at contract termination. Parts and drums required for repair may be recovered or reprocessed, and replaced parts and drums will become the property of Company at its option. Customer’s Equipment installation site must, at all times, conform to manufacturers recommended space, electrical, and environmental requirements. Customer will provide, at no charge to Company, access to the Equipment. When Customer initiates the request for repair, if access is denied for greater than fifteen (15) minutes, then Customer will pay a separate labor charge. Company onsite service hours are from 8:00am to 5:00pm Monday through Friday excluding Company Holidays. This Agreement covers Equipment Analyst Services/Network Support provided by Company for the first thirty (30) days from the Start Date only. Analyst Services/Network Support beyond the initial thirty (30) days is offered by Company on a separate Assurance+ Support Agreement or billed hourly. This Agreement excludes removing data from the Equipment. Customer is responsible for data stored on the equipment. Data wipes, hard drive removals, and other security services are offered by Company on a separate agreement. More information on Data Security and Network Support Services is available on Company's website www.mrc360.com/solutions/assurance-plus-contract.
2. Except as otherwise expressly indicated herein, this Agreement is non-cancellable and will commence on the Start Date and remain in effect throughout the term as stated on the signature page. Upon expiration, this Agreement will automatically renew on a month to month basis (each a “Renewal Term”) unless either party provides the other with written notice of its intent not to renew this Agreement at least thirty (30) days before the end of the Term. If a party is in material breach of its obligations under this Agreement and fails to cure such breach within thirty (30) days from the date it receives written notice from the non-breaching party which sets forth in reasonable detail the nature of the breach, then the non-breaching party shall have the option to terminate this Agreement immediately by written notice. Company reserves the right to cancel this agreement, at any time, and without cause. Any charges during the Renewal Terms will be billed in the same manner as set forth herein. The Base Rate will be billed in advance of the time period covered. The Overage Rate will be billed at the end of the time period covered. Unused allowances expire at the end of the applicable billing period and are not carried over to future periods. Customer agrees to remit payment for Company invoices within thirty (30) days of invoice date. Any invoice(s) open and undisputed shall be assessed a late fee, not to exceed ten percent (10%) of Total Invoice. All taxes resulting from this Agreement are the responsibility of Customer. There will be no shipping charges billed to Customer by Company for Supplies provided by Company pursuant to this Agreement. Customer parking charges incurred by Company Service Technicians in connection with this Agreement will be billed to Customer. All Magnetic Ink Character Recognition toner ("MICR toner") ordered by Customer will be invoiced separately at an additional charge unless specifically identified and incorporated within this Agreement. If Customer fails to timely pay invoices when due, Company, at its sole discretion, may (1) refuse to provide service and or Supplies until past invoices are paid in full, (2) furnish all future service and Supplies on a C.O.D. “Per Call” basis at Company's rates, and/or (3) accelerate all remaining amounts due hereunder and terminate this Agreement.
Company may not increase either or both the monthly Base Rate or the Overage Rate on an annual basis. Company shall be entitled to and Customer shall pay all costs and expenses, including attorneys’ fees incurred by Company in any collection efforts of any amounts due hereunder. A Page/Print/Copy/Image is defined as a standard 8.5” x 11”, 8.5" x 14", or 11" x 17" Page/Print/Copy/Image. If Customer requires any specialized procedure or invoicing, Company reserves the right to bill an administrative fee not to exceed $100 per invoice.
3. Customer is required to notify Company within one (1) week upon installation of any additional Equipment at Customer’s site capable of using Company Supplies provided by Company under this Agreement. Upon installation of said Equipment, such Equipment shall automatically be covered by this Agreement and shall be considered the Equipment for all purposes under this Agreement. For Equipment Adds or Removes, Customer must print out and submit to Company a configuration sheet generated from the Equipment being added or removed showing current meter reads. The Equipment Serial Number and Date must be clearly printed or written on the configuration sheet. Configuration sheets may be emailed to Company at [email protected] or faxed to 858-573-1962 with a proper cover sheet. If Customer is unable to provide configuration sheets in a reasonable amount of time, Company will, at its sole discretion, convert the Equipment to Company's current flat rate monthly pricing program. Customer agrees to pay the monthly flat rate pricing charges until a current configuration report is provided and Customer requests to change the equipment pricing program to a cost per page program. If Company is unable to collect a start meter read on any device listed on Schedule A, then Company will convert the Equipment to Company's current flat rate monthly pricing program. Company reserves the right to refuse Service and Supplies on certain devices and can elect to refuse to flat rate devices based on age of the Equipment. Company reserves the right to convert any Equipment on Company's Flat Rate Service Programs to Company's current Cost Per Copy rates for all machines that are reporting on the Company approved remote meter collection software (“360-App”).
4. REMOTE METER COLLECTION. Customer agrees to install the Company-approved 360-App on its server or network PC which will allow Company to collect meter reads and monitor supply levels to detect the need to ship refills on a timely basis. Customer agrees to provide Company reasonable assistance as required to maximize the number of Equipment reporting remotely to Company. Equipment that will not report remotely will be identified and an alternate method of meter collection will be assigned. Reads can be reported via email to [email protected]. In the event meter reads are not reported for any Equipment, Company will estimate usage of such unreported Equipment based on internally established procedures for billing purposes. The pricing of this Agreement has factored in the 360-App being installed and reporting meters automatically. If the 360-App is offline for greater than one (1) billing cycle or customer refuses to allow 360-App to be loaded, a $5.00 fee will apply per month per Device.
6. DIAGNOSTIC SOFTWARE. Software used to evaluate or maintain the Equipment ("Diagnostic Software") is included with the Equipment. Diagnostic Software is a valuable trade secret of Company, or its Licensors. Title to Diagnostic Software will remain with Company or its licensors. Company does not grant Customer any right to use Diagnostic Software, and Customer will not access, use, reproduce, distribute or disclose Diagnostic Software for any purpose (or allow third parties to do so). Customer will allow Company reasonable access to the Equipment to remove or disable Diagnostic Software if Customer is no longer receiving Service from Company, provided that any on-site access to Customer's facility will be during Customer's standard business hours.
7. SUPPLIES. Supplies provided under this Agreement shall remain the property of Company provided, however, Customer may use any Supplies delivered to the Customer’s Site under this Agreement in the Equipment on an as-needed basis, and the ownership rights to the Supplies shall transfer from Customer to Customer upon Customer’s full payment for such Supplies. Customer agrees the Supplies in this Agreement are provided based on the industry standard five percent (5%) page area coverage. When Customer’s ordering or receipt of Supplies multiplied by the manufacturer’s standard yield of pages is actually higher than the pages billed under this Agreement, then Customer agrees to pay Company's separate invoice for excess supply usage within five (5) business days of the date on the supplemental supply invoice. Customer agrees that Company may periodically pick up any Supplies at the Customer’s Site that Company deems is over normal stocking quantity. Customer shall promptly return to Company all Supplies not installed in Equipment at the termination or expiration of this Agreement or pay for any Supplies not returned within five (5) business days.
5. TAXES. Payments are exclusive of all state and local sales, use, excise, privilege, and similar taxes. Customer will pay when due, either directly or to Company upon demand, all taxes, fines, and penalties relating to this Agreement that are now or in the future assessed or levied. 21 - 9
SA 6-19.1 2 of 3
,9 equalis GROUP
Customer Initials Company Initials
14. NOTICES. All notices required or permitted under this Agreement shall be by overnight courier or by registered mail to such party at the address set forth in this Agreement, or at such other address as such party may designate in writing from time to time. Any notice from either party to the other shall be effective three (3) days after it has been deposited in the mail, duly addressed, or one day if sent via overnight courier.
15. INDEMNIFICATION. To the extent permitted by law, Customer is responsible for and agrees to indemnify and hold Company harmless from, any and all (a) losses, damages, penalties, claims, suits, and actions (collectively, “Claims”), whether based on a theory of contract, tort, strict liability of otherwise caused by or related to Customer's use or possession of the Equipment, and (b) all costs and attorneys’ fees incurred by Company relating to such claim.
16. FAX/ELECTRONIC EXECUTION. A faxed or electronically transmitted version of this Agreement may be considered the original and Customer will not have the right to challenge in court the authenticity or binding effect of any faxed or scanned copy or signature thereon. This Agreement may be signed in counterparts and all counterparts will be considered and constitute the same Agreement.
17. MISCELLANEOUS. (a) Choice of Law. This Agreement shall be governed by the laws of the state of California (without regard to the conflict of laws or principles of such states); (b) Jury Trial. CUSTOMER EXPRESSLY WAIVES TRIAL BY JURY AS TO ALL ISSUES ARISING OUT OF OR RELATED TO THIS AGREEMENT; (c) Entire Agreement. This Agreement constitutes the entire agreement between the parties with regards to the Services herein and supersedes all prior agreements, proposals, or negotiations, whether oral or written, regarding the Services set forth herein; (d) Enforceability. If any provision of this Agreement is unenforceable, illegal, or invalid, the remaining provisions will remain in full force and effect; (e) Amendments. This Agreement may not be amended or modified except by a writing signed by the parties; provided Customer agrees that Company is authorized, without notice to Customer, to supply missing information or correct obvious errors provided that such change does not materially alter Customer's obligations; and, (f) Force Majeure. Company shall not be responsible for delays or inability to provide Services caused directly or indirectly by strikes, accidents, climate conditions, parts availability, unsafe travel conditions, or other reasons beyond Company's control.
13. ASSIGNMENT. Customer may not sell, transfer, or assign this Agreement without the prior written consent of Company. Company may sell, assign or transfer this Agreement.
11. LIMITATION OF LIABILITY. In no event shall Company be liable for any indirect, special, incidental, consequential damages, loss of profits, or punitive damages whether based in contract, tort, or any other legal theory and irrespective of whether Company has notice of the possibility of such damages.
12. DEFAULT; REMEDIES. Any of the following events or conditions shall constitute an Event of Default under this Agreement: (a) failure to make payment when due of any indebtedness to Company or for the Equipment, whether or not arising under this Agreement, without notice or demand by Company; (b) breach by Customer of any obligation herein; or (c) if Customer ceases doing business as a going concern. If Customer defaults, Company may: (1) require future Services, including supplies, be paid for in advance, (2) require Customer to immediately pay the amount of the remaining unpaid balance of the Agreement, (3) terminate any and all agreements with Customer, and/or (4) pursue any other remedy permitted at law or in equity. In the Event of Default, remaining payment amounts due will be calculated using the average of the last six (6) months’ billing or the amount set forth on the face of the Agreement, whichever is greater, multiplied by the remaining months of the Agreement. Each party agrees that any delay or failure of the other party to enforce its rights under this Agreement does not prevent the other party from enforcing any such right at a later time. Both parties' rights and remedies survive the termination of this Agreement.
In the event of a dispute arising out of this Agreement or the Equipment listed herein, the prevailing party shall be entitled to collection of its reasonable costs and attorneys’ fees incurred in defending or enforcing this Agreement, whether or not litigation is commenced, from the non-prevailing party.
9. SOFTWARE SUPPORT. Except for Products and/or Third-Party Products identified as "No Svc.", Company (or a designated servicer) will provide the software support set forth below or in accordance with an attached statement of work ("Software Support"). For Base Software for Equipment, Software Support will be provided during the initial Term and any renewal period but in no event longer than five (5) years after Company stops taking customer orders for the subject model of Equipment. For Application Software, Software Support will be provided as long as Customer is current in the payment of all applicable software license and support fees. Company will maintain a web-based or toll-free hotline during Company’s standard working hours to report Licensed Software problems and answer Licensed Software-related questions. Company, either directly or with its vendors, will make reasonable efforts to: (a) assure that Licensed Software performs in material conformity with its user documentation; (b) provide available workarounds or patches to resolve Licensed Software performance problems; and (c) resolve coding errors for (i) the current Release and (ii) the previous Release for a period of six (6) months after the current Release is made available to Customer. Company will not be required to provide Software Support if Customer has modified the Licensed Software. New releases of Licensed Software that primarily incorporate compliance updates and coding error fixes are designated as "Maintenance Releases" or "Updates". Maintenance Releases or Updates that Company may make available will be provided at no charge and must be implemented within six (6) months. New releases of Licensed Software that include new content or functionality ("Feature Releases") will be subject to additional license fees at then-current pricing. Maintenance Releases, Updates, and Feature Releases are collectively referred to as "Releases". Each Release will be considered Licensed Software governed by the Software License and Licensed Software Support provisions of this Agreement (unless otherwise noted). Implementation of a Release may require Customer to procure, at Customer's expense, additional hardware and/or software from Company or another entity. Upon installation of a Release, Customer will return or destroy all prior Releases. For Third Party Software identified as No Svc., Customer shall enter into a support agreement with a Third-Party Software vendor or its support services provider, who shall be solely responsible for the quality, timeliness, and other terms and conditions of such support services. Company shall have no liability for the acts or omissions of such third-party support services provider.
8. SOFTWARE LICENSE. Company grants (and is hereby authorized by its licensor’s to grant) Customer a non-exclusive, non-transferable license to use in the U.S.: (a) software and accompanying documentation ("Base Software”) only with the Equipment with which it was delivered; and (b) Software that is set forth as a separate line item in this Agreement (“Application Software”) (including its accompanying documentation), as applicable, for as long as Customer is current in the payment of all applicable software license fees. Base Software and Application Software are referred to collectively as "Licensed Software". Customer has no other rights and may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer Licensed Software; (2) activate Licensed Software delivered with the Equipment in an inactivated state; or (3) allow others to engage in same. Title to, and all intellectual property rights in, Licensed Software will reside solely with Company and/or its licensors (who will be considered third-party beneficiaries of this Section 8). Licensed Software may contain code capable of automatically disabling the Equipment. Disabling code may be activated if: (x) Company is denied access to periodically reset such code; (y) Customer is notified of a default under this Agreement; or (z) Customer's license is terminated or expires. The Base Software license will terminate: (i) if Customer no longer uses or possesses the Equipment; or (ii) upon the expiration or termination of this Agreement, unless Customer has exercised its option to purchase the Equipment. Neither Company nor its licensors warrant that Licensed Software will be free from errors or that its operation will be uninterrupted. The foregoing terms do not apply to Diagnostic Software or to Licensed Software/documentation accompanied by a clickwrap or shrink-wrap license agreement or otherwise made subject to a separate license agreement.
10. WARRANTY. Customer acknowledges that the Equipment covered by this Agreement was selected by Customer based upon Customer's own judgment. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT; IMPLIED WARRANTIES OF MERCHANTABILITY; OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE SPECIFICALLY AND UNRESERVEDLY EXCLUDED. 21 - 10
SA 6-19.1 3 of 3
MRC Smart Technology Solutions
5657 Copley Dr, San Diego, CA 92111
858-573-6300
Std Y
Std Y
Std Y
Std Y
Std Y
Std Y
Std Y
Std Y
Std Y
Std Y
Std Y
Std Y
Date
SCHEDULE A - SERVICE AGREEMENT
AltaLink c8145
AltaLink c8145
AltaLink c8145
AltaLink c8145
AltaLink c8155
South Pasadena, CA 91030
City Clerk, 1414 Mission St
Public Works 825 Mission St
South Pasadena, CA 91030
Library 1st, 1100 Oxley St
N
N
South Pasadena, CA 91030
Library 2nd, 1100 Oxley St
South Pasadena, CA 91030
Senior Ctr, 1102 Oxley St
N
N
South Pasadena, CA 91030
South Pasadena, CA 91030
Police Dept, 1422 Mission
South Pasadena, CA 91030
Planning, 1414 Mission St
South Pasadena, CA 91030
PrimeLink 9070 City Manager,1414 Mission
PrimeLink 9070
AltaLink c8145
South Pasadena, CA 91030
CommServices, 815 Mission
South Pasadena, CA 91030
Starting Meter Location / Notes Type
Fire Dept, 817 Mound Ave
South Pasadena, CA 91030
Preexisting
Equipment BW
City of South Pasadena - 1414 Mission St, South Pasadena, CA, 91030 N
N
N
Authorization
Authorized
Signature
Print
name
Network
AltaLink c8145
ID
AltaLink c8145
AltaLink c8145
Make / Model Serial Number
Garfield Res, 416 Garfield
South Pasadena, CA 91030
Finance, 1414 Mission St
CLR
N
N
N
N
AltaLink c8145
N
SASA 6-19.1
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1 of 1
.. equalis GROUP
MRC Smart Technology Solutions
5657 Copley Dr, San Diego, CA 92111
858-573-6300
Name Contact
Customer # Phone
Phone 626 403-7312
Loading Dock Stairs # 22 Elevator
Requested by Order # Delivery Date
Special Instructions
Make / Model Serial # Location / Address Contact Phone Return Type SIGN BELOW ACKNOWLEDGING EQUIPMENT HAS BEEN PICKED UP PER ABOVE RELEASE:
Company
Date
Title
N Y Y
Print
name
45054733
COMPANY IS NOT RESPONSIBLE FOR ANY ADDITIONAL UNPAID BALANCE OWED ON ABOVE EQUIPMENT. BY RELEASING THE EQUIPMENT,
CUSTOMER IS ACKNOWLEDGING IT IS THE RIGHTFUL OWNER AND THE EQUIPMENT IS FREE AND CLEAR OF ANY ENCUMBRANCES AND OWNERSHIP IS BEING TRANSFERRED TO COMPANY. AUTHORIZATION Authorized
Signature
626 403-7312 Return to
Lessor
Xerox / C70 1414 Mission St, So Pasadena Belinda Varela 626 403-7312 Return to Lessor
Xerox / 7970 1414 Mission St, So Pasadena Belinda Varela Return to
Lessor
Sharp / Mx M264N 815 Mission St, So Pasadena Belinda Varela 626 403-7312 BOW867448
E2B661223
Equipment Removal Form
Xerox / 7855 1422 Mission St, South Pasadena Belinda Varela 626 403-7312 Return to Lessor
Return to
Lessor
Xerox / c8035 816 Garfield Ave, So Pasadena Belinda Varela 626 403-7312 Xerox / c8035 1414 Mission St, So Pasadena
MX1056748 Belinda Varela 626 403-7312
Stairs only at Public Works 825 Mission St. (qty 22)
Belinda Varela 626 403-7312 Return to
Lessor
Equipment to be Removed
3TX395930
Meters
BW CLR
3TX415910
MX4485597
MX1055225 626 403-7312
MX1055452
817 Mound Ave, So Pasadena
Return to
Lessor
Xerox / 7835 1102 Oxley St, South Pasadena Belinda Varela 626 403-7312 Return to Lessor
Xerox / 7835 1100 Oxley St 1st Fl, So Pasadena Belinda Varela City of South Pasadena
CUSTOMER INFO
David Deramo
Return to
Lessor
Xerox / 7835 825 Mission St, So Pasadena Belinda Varela Xerox / 7835 1100 Oxley St 2nd Fl, So Pasadena Belinda Varela 626 403-7312 Return to
Lessor
626 403-7312 Return to
Lessor
Xerox / 7835
MX1055556
MX1055457
ERF 6-19.1 1 of 1
Belinda Varela
626-403-712
21 - 12
~ ~ MRC I • ${).~~~ologies S-T~s.1---. ~ ----1 A X=-~ A Xffl,x Ccmpony ~ equalis GROUP
22 22 - 1
DATE:
FROM:
City Council
Agenda Report
July 20, 2022
Armine Chaparyan, City Manager ~
ITEM NO.
PREPARED BY: Angelica Frausto-Lupo, Community Development Director SUBJECT: Approval of a Memorandum of Understanding with the South Pasadena Preservation Foundation (SPPF) for Inspection and Evaluation of Historic Unoccupied Caltrans Surplus Homes Recommendation
It is recommended that the City Council authorize the City Manager to enter into a Memorandum of Understanding (MOU) with the South Pasadena Preservation Foundation (SPPF) to inspect and evaluate the historic unoccupied surplus Caltrans properties, and to identify the character-defining features.
Background
Following the elimination of the SR-710 freeway alternative, the California Department of Transportation (Caltrans) deemed sixty-eight (68) properties purchased for the freeway as surplus, and developed an Affordable Sales Program to sell the surplus properties.
On September 28, 2021 , Governor Newsom signed Senate Bill 381 (SB 381) into law.
The SB 381 regulations were finalized in Spring 2022. The law gives the City priority to purchase the unoccupied properties at either reasonable sales price for non-historic properties or minimum sales price for historic properties. Additionally, the law would allow the City to sell the properties at fair market value, and use the proceeds to create affordable housing units at a ratio of 3: 1, that is three affordable units to be created through the sale of each Caltrans property.
On November 15, 2021 , staff attended the SPPF Board of Directors meeting to discuss the surplus properties sales. SPPF offered to assist the City with the property inspections for all properties in conjunction with an inspection company, in order to monitor the compliance of the long-term historic covenants for the historic properties.
Their expertise would provide guidance in documenting and preserving the characterdefining features for the historic properties. Developing an MOU would formalize the mutual agreement between the City and SPPF to evaluate the unoccupied historic properties.
SPPF MOU- Inspection of Unoccupied Caltrans Properties
July 20, 2022