South Pasadena City Council
December 7, 2022

beyond the Solution Foundation will be implemented. This includes conversions, business rule scripts, interfaces, and reports.

READINESS
Readiness is the fifth stage in the lifecycle. During the Readiness stage Accela Civic Platform is fully tested, errors are identified, documented, and corrected. Additionally, the solution is prepared for deployment. In addition, system administrators and end users are trained so that all appropriate agency staff members are prepared to use and maintain the software once the move to production occurs.

DEPLOY
Deploy is the sixth and final stage in the lifecycle. During the Deploy stage the applications are moved to production; all requisite pre-production activities are identified, tracked, and completed, and post-production analysis and review is completed. Upon moving to production, the Accela Civic Platform applications are transitioned to the Accela Customer Resource Center (‘CRC”) for ongoing support. A formal introduction will occur between the Services team and the CRC that instructs the agency on available communication channels (telephone, email, online tracking system) and use of the Accela knowledge base 16 - 57
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APPENDIX B

BASIC SCOPE OF WORK
The following section describes the specific activities and tasks that will be executed to meet the business objectives and business requirements of the Agency. In support of the implementation effort as described above, TruePoint will provide the following implementation services deliverable.

STAGE 1 - INITIATION
TASK 1: PROJECT INITIATION
Project initiation is an opportunity to ensure the project starts in a well-organized, structured fashion while re-confirming the Agency and TruePoint expectations regarding the implementation. This task is comprised of project planning activities, core project management documents and templates and the project kickoff.

In conjunction with the Agency representatives, TruePoint will perform the following tasks:
• Finalize staffing for the project teams.
• Conduct a Kickoff meeting. The objective of this meeting is to review the purpose of the project and discuss the project scope, roles and responsibilities, deliverables, and timeline. • Finalize an integrated baseline project plan that includes resource allocation for all tasks (in cooperation with the Agency Project Manager).
• Conduct Core Team training to prepare the Subject Matter Experts for the To-Be Analysis stage.

TruePoint Responsibilities:
• Provide timely and appropriate responses to Agency’s request for information. • Communicate the Accela Implementation Methodology that will be used by TruePoint to deliver Services.
• Complete Baseline Project Plan, Project Status Report Template, and Project Kickoff Presentation deliverables with input from appropriate Agency resources.

Agency Responsibilities:
• Identify and set expectations with key resources and subject matter experts for ongoing participation in the project.
• Provide timely and appropriate responses to TruePoint’s requests for project planning input and meeting logistics requests.
• Work with TruePoint PM to schedule remote Project Kickoff and other activities as needed.

TASK 2: ACCELA ENVIRONMENT DEPLOYMENT
TruePoint will work with Accela to setup the Accela Automation software in the Accela Cloud environment, such that Agency can log into the system and verify that the software is available.

TruePoint will populate the new environment with civic application templates or configuration from other implementations.
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STAGE 2 – TO-BE / BUSINESS ANALYSIS
To-Be Analysis is comprised of the activities required to define the Accela Civic Platform Solution Foundation for the Agency. The key output of the process is the Configuration Document(s), which serves as a ‘blueprint’ for design and baseline configuration efforts throughout the implementation.

The following departments will participate in the Business Analysis (Building, Planning, Code Enforcement and Electronic Plan Review). The Configuration Document(s) will provide detailed information on the Agency’s business processes to be configured in the Accela Civic Platform Solution Foundation, including the following topics:
 Overall Process Overview
 Intake Process, user defined and required fields
 Required/Optional Review Tasks
 Issuance requirements
 Inspection Types, scheduling and checklists
 Workflow and processing requirements
 Fees – types, processing, and schedules
 Citizen Portal (Accela Citizen Access) specific to online submittal, inquiry, inspection scheduling and fee payments
TASK 3: TO-BE ANALYSIS AND CONFIGURATION DOCUMENT
To develop the content for the To-Be Analysis Document(s), TruePoint will work closely with designated Agency personnel and will conduct analysis sessions to capture the “to-be” required business processes.

In conjunction with the Agency representatives, TruePoint will perform the following tasks:
• Review and understand existing business processes intended for migration into Accela Civic Platform.
• Review the developed business process as a basis for configuration in Accela Civic Platform’s workflow tool.
• Assist the Agency in streamlining current permit types to fit into Accela Civic Applications. • Collect employee names and associated roles and identify user group setups. • Review the collected document intake requirements, forms, and data fields for each process. • Review the collected document output requirements (documents/letters/reports). • Review the required fees, fee schedules, and collection procedures for each process. • Review the required inspections and inspection result options for each type.

TruePoint Responsibilities:
• Interview staff to understand existing business processes. • Conduct to-be analysis sessions to capture the required business processes to be automated within the system.
• Conduct meetings via email, web conference, phone, and in person to gather and validate analysis input.
• Demo basic prototypes off records for each department. 16 - 59
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Agency Responsibilities:
• Make available the appropriate Agency key users and content experts to provide required information, participate in the configuration analysis and verify the accuracy of the documented workflows, input/output formats, and data elements.
• Provide any existing business process documentation, including process flows; fee schedules; commonly used applications, reports, and forms; and other relevant information. • Work with TruePoint PM to schedule participants and meetings for analysis activities.

STAGE 3 – SOLUTION FOUNDATION
TruePoint will provide professional services to develop the Accela Civic Platform Solution Foundation in accordance with requirements established and agreed upon during the execution of the tasks that comprise Stage 2 – To-Be Analysis. TruePoint will produce a detailed Configuration Document(s) that represents the entire foundation of the system, for each module. This document will be delivered for review with the completed solution.

TASK 4: ACCELA BASE CIVIC PLATFORM SOLUTION FOUNDATION
TruePoint will provide professional services to develop the Solution Foundation of the Accela Civic Platform product in accordance with requirements established and documented in the To-Be Analysis Document(s).

The solution foundation will include core Accela Civic Platform features for:
• Modules
• Admin User and User Groups
• Departments/Divisions
• Consoles (Administrator, Daily User, Inspection, and Cashiering) • Portlets (Customized portlets for all Automation Screens) • My Navigation Setup
• Menu Navigation Setup
• Quick Links
• Quick Queries for the Record, Inspection, and My Task Portlets TASK 5: ACCELA CIVIC PLATFORM AND DIGEPLAN CONFIGURATION (NOT INCLUDED) TASK 6: ACCELA CIVIC PLATFORM ELECTRONIC PLAN REVIEW INTEGRATION (NOT

INCLUDED)
STAGE 4 – BUILD
The Build stage includes data conversions, development of interfaces, development of all Business Process Validation and Automation (Business Rule Scripts and Expressions) configuration of add-on products and custom report development. It comprises all the additional activities outside of solution foundation that are required to complete the total solution for the Agency. Like the Configuration Stage, 16 - 60
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it is critical that appropriate agency representatives are involved in each step of the process to ensure success.

TASK 7: BUSINESS PROCESS VALIDATION AND AUTOMATION (BUSINESS RULE SCRIPTING) During the configuration analysis phase of the implementation project, TruePoint will identify opportunities to supplement the Accela Civic Platform base functionality via Business Rule Script Engine scripts and Expression Builder to validate and automate business processes. TruePoint will work with Agency to identify desired functionality, and subsequently will assist with prioritizing the needs to determine that will be developed by TruePoint within the scope of this implementation. The Business Process Validation and Automation developed by TruePoint can be used as models whereby agency staff can develop and modify additional functionality as needed.

Business Process Validation and Automation is broken out into two functional areas of the Accela solution, as defined below:
• Business Rule Scripting Engine – used to script based on system activities, such as a before or after event, that allow the system to automate activities (example: do not allow an inspection to be scheduled prior to a specific workflow task, or, auto-calculate and invoice a fee upon application submittal)
• Expression Builder – used to script form-based interactions that occur prior to triggering an event or master script activity (example: auto-population form-based data fields based on userselected values) TruePoint Responsibilities:
• Work with Agency staff to identify potential uses of automation • Assist with development of a list of desired functionalities • Aid the Agency in prioritizing which scripts will be developed by TruePoint • Develop automation scripts based on the specifications Agency Responsibilities:
• Identify resources that will learn scripting tools and approaches for ongoing maintenance • Prioritize desired functionality to determine which scripts TruePoint will develop • Provide timely and appropriate responses to TruePoint’s request for information • Verify the Script Specification meets the intended business requirement • Allocate the time for qualified personnel to test the script for acceptance

DATA CONVERSION (NOT REQUIRED)

SYSTEM INTERFACES
For each interface, the TruePoint technical lead will work together with Agency’s technical lead and business leads to document functional and technical requirements of the interface in an Interface Specifications Document. Interface development begins upon written approval of the specifications. It is expected all interfaces will use Accela’s Construct API, web services or batch engine. No custom or third party integration tool will be used to accomplish input or output of data to/from the Accela system.

In other words, data coming into Accela and data coming from Accela will use the existing integration technology. Agency responsibility includes obtaining permission for level/type of integration from 16 - 61
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appropriate application owners (including on premises or cloud/hosted, etc.). All interfaces will be developed against 1 (one), agreed upon version of the 3rd party system.

TruePoint will conduct Analysis for each Integration that will be developed in the scope of this implementation.

Deliverable System Name Description
9A Address, Parcel Owner
Import
Address, Parcel Owner Migration from Accessor files
9B CSLB Real time validation from the CSLB from Professional Portlet 9C Financial System Export Daily payment by Account export file 9D Laserfiche Gray Quarter Laserfiche adaptor subscription TASK 9A THRU D: INTERFACE ANALYSIS AND DEVELOPMENT
To determine the Agency requirements for each interface, analysis sessions will be conducted as a portion of this deliverable. The findings will then be documented in the Interface Specifications Document(s) for use by TruePoint in building the interface code. The implementation of each interface is dependent on the assistance of the Agency’s staff, specifically, interface analysis, data mapping, and data manipulation as required in the source system. TruePoint will provide a program to integrate 3rd Party data to/from Accela Civic Platform.

In terms of specific output, the following will be executed for each integration:
 Integration Specifications Document
 Operational Integration in the Development or Test environment TruePoint Responsibilities:
• Provide timely and appropriate responses to Agency’s request for information. • Conduct Interface Analysis sessions.
• Work with Agency staff to develop interface specifications document. • Use an Accela web service or other tool to implement the interface functionality based on the specifications.
• Build all aspects of the interface that interact directly with the Accela Civic Platform.

Agency Responsibilities:
• Provide timely and appropriate responses to TruePoint’s request for information. • Provide system and access to individuals to provide required details of system interface. • Allocate the time for qualified business and technical experts for the testing sessions that are critical to the project success.
• Identify and coordinate any related tools used to implement the interface (3rd party or in-house development).
• Assist in the interface specification development and data mapping process. • Review and approve the interface specification documents. • Work with Third Party Data Sources to determine best methods of interfacing to Accela system. • Validate interface through testing.
• Work with 3rd party to ensure data from Accela is in correct format. 16 - 62
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• Updates to interface, post go-live, due to changes in 3rd party system or Agency business processes.

REPORTS
Reports are defined as anything that can be generated from the system, including but not limited to, reports, forms, documents, notices, and letters that the Agency wishes to print as identified during configuration analysis. The Configuration Document will define the reports and documents that are required by the Agency to effectively use Accela Civic Platform. These reports will be broken down by level of effort and identified in the configuration document. It is expected that, after the appropriate training on the database and the selected report writing tool is completed, Agency personnel will be able to handle additional and future report requirements.

Reports can be developed using the integral Ad-Hoc Report Writer included with Accela Civic Platform, Microsoft Report Service (SSRS) or Crystal Reports at the Agency’s discretion. Custom reports, whether developed with Ad-Hoc Report Writer, SSRS or Crystal Reports, will be deployed in the Report Manager for use within Accela Civic Platform. The Agency will need to create a local Accela DB environment for use in creating and testing reports in-house. Request for a local copy of the Agency data can be requested through CRC.

TASK 10: REPORT SPECIFICATIONS
TruePoint will develop 15 to 20 documents/letters/reports from those identified by the Agency as required for the new system.

Prior to the development of a report the Agency will approve report design specification documents that will be created jointly by the Agency and TruePoint. The approved documents will be used as a basis for determining completion and approval of the reports. Development of each report cannot begin until agreement on each specification is complete.

A proven strategy that combines the use of the Accela Civic Platform Quick Queries, Accela Ad-Hoc reports and custom reports developed by TruePoint, or Agency, can ensure that all required reporting requirements are met.

TruePoint Responsibilities:
• Assist in determining level of effort for reports to assist with prioritization • Develop report specifications
Agency Responsibilities:
• Make available the appropriate key users and content experts to participate in the report specification
• Provide information and data in the formats specified by TruePoint that will be needed for agreement on the Deliverable
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TASK 11: REPORT DEVELOPMENT
TruePoint will develop custom documents/letters/reports per the specifications developed and approved in the Report Specifications. Changes to the report specifications after approval can negatively impact project progress and the overall schedule.

TruePoint Responsibilities:
• Develop reports per specifications in Crystal Report XI server format or later. • Assist in the validation of the reports in test environment Agency Responsibilities:
• Make available the appropriate key users and content experts to participate in the report development and validation activities
• Request change order if changes to specifications are required TASK 12: ACCELA CITIZEN ACCESS CONFIGURATION AND INTEGRATION TO DIGEPLAN This task includes setup and configuration of Accela Citizen Access (ACA) per the Requirements gathered in the To-Be Analysis Phase. TruePoint will work with the Agency representatives to validate and implement Accela Citizen Access to extend certain aspects of the internal Accela Civic Platform configuration for use by the general public.

TruePoint Responsibilities:
• Setup Accela Citizen Access in Dev and Test environments • Assist agency in set up and validation of merchant account integration • Work with the Agency to determine which services to expose to the public via Accela Citizen Access
• Configure the Online Record types defined in the System Configuration Document in Accela Citizen Access
Agency Responsibilities:
• Obtain a merchant account, and deploy an internet-enabled payment engine • Validate that the configuration specification for Accela Citizen Access meets Agency requirements based on details from the Configuration phase of the project • Perform testing of all Online Record types for purposes of validating the configuration TASK 13: ACCELA GIS CONFIGURATION (NOT INCLUDED)
TASK 14: ACCELA MOBILE DEPLOYMENT
TruePoint will setup the Accela Mobile Gateway. As part of this deliverable TruePoint will perform the configuration tasks required to ensure the Accela Mobile Apps interfaces with Accela Civic Platform in both a test and production environment. Using Accela Mobile Apps, an Agency inspector can perform activities such as:
• Result inspections/investigations in either store/forward or wireless mode • Create or Review Record information in the field
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TruePoint Responsibilities:
• Create configuration specifications for Accela Mobile Office based on analysis with the Agency • Configure Accela Mobile Apps
STAGE 5 – READINESS
TASK 15: TRAINING
TruePoint will provide training for Agency staff that focuses on the administration, maintenance, and augmentation of its Accela Civic Platform configuration. Our aim is to educate Agency resources on all aspects of Accela Civic Platform to ensure the Agency is self-sufficient. This allows the Agency to best react to changing requirements and ongoing maintenance, which can allow the Agency to be reactive and significantly reduce system maintenance costs over time.

TruePoint can provide on-site or remote training services as desired by the Agency. With COVID-19 we have adapted to remote web training for most of our customers that has been very successful.

In terms of specific training sessions, the following are recommended:
• Accela Civic Platform - Core Team Training – .5 days (SME’s and Admins) • Accela Civic Platform Admin Training – 2 days (System Admin) • Accela Civic Platform Business Rules Scripting (Basic) – 1 day • Accela Civic Platform Database Schema Fundamentals – .5 day (report writers) • Report Workshop Report Training .5 day of workshop training • Report Workshop Ad-Hoc Report Training 2 (2 hour) remote sessions • Train the Trainer Training Support 4.5 days
TruePoint Responsibilities:
• Coordinate with the Agency to define training schedule and coordination. • Deliver training per the specific requirements listed above.

Agency Responsibilities:
• Select and prepare the power-users who will be participating in the training and subsequently training end users.
• Arrange the time and qualified people for the training who are critical to the project success. • Provide suitable Agency facilities (this can be remote if necessary) to accommodate various training classes.
• For the Report Workshop agency, will need to provide a local MSSQL environment loaded with a current copy of the configured Data Base.

TASK 16: USER ACCEPTANCE TESTING (UAT) AND GO LIVE PREP This task is comprised of the assistance TruePoint will provide to allow the Agency to accept that the solution meets the requirements as documented in all the deliverables. 16 - 65
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TruePoint will provide support for training, oversight, answering questions and addressing issues discovered in User Acceptance Testing. It should be noted that it is critical that the Agency devote ample time and resources to his effort to ensure that the system is operating per signed specifications and ready for the move to production.

TruePoint will aid the Agency by providing User Acceptance Testing (UAT) support and a defined testing process. TruePoint will address and rectify issues discovered during the UAT process as Agency staff executes testing activities.

TruePoint Responsibilities:
• Provide recommendations on testing strategy and best practices. • Lead the Agency in up to [3] weeks of User Acceptance testing effort and the validation of the system configuration and its readiness to be migrated to production for active use. • Resolution of issues because of User Acceptance Testing activities.

Agency Responsibilities:
• Make available the appropriate Agency key users and content experts to participate in user acceptance testing as defined and managed by Agency.
• Develop the User Acceptance test scripts.
• Utilize the use cases documented in each Configuration Document Deliverable as the basis for the acceptance of this Deliverable.

STAGE 6 - DEPLOY
TASK 17: PRODUCTION SUPPORT
Production date is defined as the official date in which Accela Civic Platform moves from the test environment to production for daily Agency usage. This date will be agreed to by both TruePoint and the Agency at project inception. It may be altered only by change order agreed to by both parties. In the weeks prior to moving to Production, TruePoint will assist in final data conversions, system validation, staff preparation assistance and training, and coordination of deployment.

TruePoint Responsibilities:
• Provide on-site or remote resources to support the move to Production and Post-Production Support effort
• With assistance from the Agency, lead the effort to transfer the system configuration and any required data from Support to Production
• Assist in the development of a Pre-Production checklist that details the critical tasks that must be accomplished prior to moving to Production
Agency Responsibilities:
• Provide technical and functional user support for pre and postproduction Planning, execution, and monitoring
• Provide timely and appropriate responses to TruePoint’s request for information • Assist in the development of a Pre-Production checklist that details the critical tasks that must be accomplished prior to moving to Production
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• Make available the appropriate Agency key users and content experts to participate in user acceptance testing as defined and managed by Agency

PROJECT TIMELINE
The estimated duration of this project is 7 months.

Upon initiation of these Services, the TruePoint Project Manager will work with the Agency to collaboratively define a baseline project schedule. Given the fact that project schedules are working documents that change over the course of the project, the TruePoint Project Manager will work closely with Agency to update, monitor, agree, and communicate any modifications. 16 - 67
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PROJECT SERVICES BUDGET
EXPENSES:

Due to COVID -19 restrictions TruePoint will plan to perform as many services remotely as possible. If travel is allowed and required actual amounts of any reasonable and customary travel expenses incurred during the performance of services under this SOW will be billed to Agency. TruePoint will bill Agency for actual expenses incurred for travel and lodging/living, as well as other approved out-of-pocket expenses (such as mileage, parking, tolls, and telecommunications charges). TruePoint will work with Agency to manage and control its expenses and will not incur expenses more than the initial contracted budget below without Agency’s prior written consent. Expense receipts will be made available as requested by the Agency.
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7 month imolementation estimate
Professional Services Tasks Hours Rate Amount Descriotion Pra iect Manaaement 140 $165.00 $23,100.00 Pra iect Manaaementforth e durati on of th e oraiect Aaen cv Setuo rsaaSl 8 $150.00 $1,200.00 PROD, SUPP and TEST environments Analysis for·
Confi ouration Analvsis and Prototvoes 120 $150.00 $18 000.00 Plannina Buildina Code Enforcement Svstem Confiauration 280 $150.00 $42 000.00
Business Automation Script Development 80 $150.00 $12,000.00 Business Automati on Scripts Data Conversion 0 $150.00 $0.00 Not reauired
Time for 15 to 20 reports, City will also support th e Report Report Creati on 80 $150.00 $12,000.00 creati on effort 3rd Partv lntearations
Address, Parcel and Owner Import 48 $150.00 $7 200.00 Import of Accessor Data Interface - CSLB integrati on 8 $150.00 $1,200.00 Using CSLB API Financial System Export 32 $150.00 $4,800.00 Daily payment by Account export Accela Mobile Cloud and APP Setup 40 $150.00 $6 000.00
Assuming City will use Accela standard payment adaptor
Accela Citizen Access Confiourati on 100 $150.00 $15 000.00 for Elavon PavPal or Virtual Merchant Accela GIS Confiqurati on 0 $150.00 $0.00 Not Required
Trainina 64 $165.00 $10,560.00 Train th e Train er Aooraach User Acceptance Testino and Go Live prep 120 $150.00 $18,000 00 Go Live Suooort 40 $150.00 $6,000.00
15% Contingency $26,559.00 If needed
Professional Services Totals 1 160 $203 619.00
Travel and Expense Estimate Breakdown
Transo ortati on Exoenses oer Trio 6 $500 $3 000
Estimate Per day on site for Meals, Lodging, Transportati on and other Misc. travel expenses 18 $320 $5,760
Travel and Expenses Total $8 760.00
Total Services Budaet $212 379.00
Software Subscription Pricinal vearlv costs!
Depart ment Users (Building, Planning, Enfo rcement , Year 1 subscri ption, includes maintenance (5% yearly Enoineerin o): 10 $2 880.00 $28 800.00 uolifl 5 vear aareementl Laserfiche Integration, On-Premise, Subscri pti on
Accela Civic Platform to Laserfiche on premise
integration with Gray Quart er platfo rm connector.

Laserfiche Hosted Service lntearation (Ootionall 1 $11 .388.00 Yearlv subscri otion (3% vearlv uolift\ Total Year 1 $252 567.00
ID Task Name Duration Start Finish
1 South Pasadena - Case Management System 164 days Tue 1/3/23 Fri 8/18/23 2 Initiation 1 day Tue 1/3/23 Tue 1/3/23
3 Project Kickoff Meeting 1 day Tue 1/3/23 Tue 1/3/23
4 Product Installation (Accela Hosted) 11 days Tue 1/3/23 Tue 1/17/23 5 Hosted Environment 1 day Tue 1/3/23 Tue 1/3/23
6 Setup Configuration Base 9 days Wed 1/4/23 Tue 1/17/23 7 Business Analysis / System Prototypes 31 days Thu 1/12/23 Thu 2/23/23 8 Business Analysis and System Prototypes 12.5 days Thu 1/12/23 Mon 1/30/23 9 Core Team Training 1 day Mon 1/16/23 Mon 1/16/23
10 BA Sessions 2 days Tue 1/17/23 Wed 1/18/23
11 BA Sessions 3 days Mon 1/23/23 Wed 1/25/23
12 BA Sessions 3 days Tue 2/7/23 Thu 2/9/23
13 Configuration Document Review and Signoff 5 days Fri 2/17/23 Thu 2/23/23 14 System Configuration 50 days Mon 2/27/23 Fri 5/5/23
15 Accela Configuration and Automation 35 days Mon 2/27/23 Fri 4/14/23 16 Configuration Testing 30 days Mon 3/20/23 Fri 4/28/23 17 Configuration Acceptance 5 days Mon 5/1/23 Fri 5/5/23 18 Address, Parcel and Owner Import 15 days Mon 2/27/23 Fri 3/17/23 19 Base APO Configuation and Setup 5 days Mon 2/27/23 Fri 3/3/23 20 Attribute Field Mapping 5 days Mon 3/6/23 Fri 3/10/23 21 Test Final APO Import 5 days Mon 3/13/23 Fri 3/17/23 22 Accela Citizen Access 32 days Mon 3/13/23 Tue 4/25/23 23 Define Requirements 5 days Mon 3/13/23 Fri 3/17/23
24 Configure ACA and Establish Mercahat Account 15 days Mon 3/20/23 Fri 4/7/23 25 Build ACA permit and Receipt 2 days Mon 4/10/23 Tue 4/11/23 26 Test ACA 10 days Wed 4/12/23 Tue 4/25/23
27 Accela Mobile 19 days Mon 3/20/23 Thu 4/13/23
28 Define Requirements 2 days Mon 3/20/23 Tue 3/21/23
29 Establish APP Cloud site 2 days Wed 3/22/23 Thu 3/23/23 30 Configure AMO or APPs 10 days Fri 3/24/23 Thu 4/6/23 31 Test Mobile Solution 5 days Fri 4/7/23 Thu 4/13/23
32 Report Development 35 days Mon 4/10/23 Fri 5/26/23
33 Report List 5 days Mon 4/10/23 Fri 4/14/23
34 Report Specifications 20 days Mon 4/17/23 Fri 5/12/23 35 Develop Reports 20 days Mon 4/24/23 Fri 5/19/23
36 Report Testing 20 days Mon 5/1/23 Fri 5/26/23
37 UAT 16 days Mon 6/5/23 Mon 6/26/23
38 UAT 15 days Mon 6/5/23 Fri 6/23/23
39 Functional Acceptance 1 day Mon 6/26/23 Mon 6/26/23
40 Training 131 days Mon 1/9/23 Mon 7/10/23
41 Core Team Training 1 day Mon 1/9/23 Mon 1/9/23
42 Administrator Training 3 days Mon 2/13/23 Wed 2/15/23 All
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ID Task Name Duration Start Finish
43 Business Rule Scripting Training 1 day Thu 2/16/23 Thu 2/16/23 44 Data Base Schema and Report Training 2 days Mon 4/10/23 Tue 4/11/23 45 Citizen Access Admin 0.5 days Mon 3/13/23 Mon 3/13/23 46 Train the Trainer Training 3 days Mon 6/26/23 Wed 6/28/23 47 End User Training 8 days Thu 6/29/23 Mon 7/10/23
48 Production Readiness 1 day Fri 7/21/23 Fri 7/21/23
49 Move Database and Applications to
Production Environment
1 day Fri 7/21/23 Fri 7/21/23
50 Go Live 1 day Mon 7/24/23 Mon 7/24/23
51 Post Production Support 15 days Mon 7/31/23 Fri 8/18/23 52 Go Live and Post Go-Live Support 15 days Mon 7/31/23 Fri 8/18/23 TruePoint,City
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ATTACHMENT 3
Accela Licensing/Subscription Agreement
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3262 Penryn Road, Suite 100-B
Loomis, CA 95650
Proposed by: Keith Hobday
Contact Phone:(916) 600-4993
Email: [email protected]
Valid Through: 1/31/2023
Currency: USD
Order Form
Address Information
Bill To: Ship To:

City of South Pasadena, CA City of South Pasadena, CA
1414 Mission St
South Pasadena, California 91030
United States
1414 Mission St
South Pasadena, California 91030
United States
Billing Name: Lucy Demirjian
Billing Phone: 626-403-7213
Billing Email: [email protected]
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 1 1/16/2023 1/15/2024 12 $2,880.00 10 $28,800.00 > Accela Building - SaaS Year 1 1/16/2023 1/15/2024 12 $0.00 10 $0.00 > Accela Planning - SaaS Year 1 1/16/2023 1/15/2024 12 $0.00 10 $0.00 TOTAL: $28,800.00
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 2 1/16/2024 1/15/2025 12 $3,024.00 10 $30,240.00 > Accela Building - SaaS Year 2 1/16/2024 1/15/2025 12 $0.00 10 $0.00 > Accela Planning - SaaS Year 2 1/16/2024 1/15/2025 12 $0.00 10 $0.00 TOTAL: $30,240.00
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Multi Solution User Year 3 1/16/2025 1/15/2026 12 $3,175.20 10 $31,752.00 > Accela Building - SaaS Year 3 1/16/2025 1/15/2026 12 $0.00 10 $0.00 > Accela Planning - SaaS Year 3 1/16/2025 1/15/2026 12 $0.00 10 $0.00 TOTAL: $31,752.00
Attachment 3
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- ~ TrueP01nli
Solutions

Pricing Summary
Period Net Total
Year 1 $ 28,800.00
Year 2 $ 30,240.00
Year 3 $ 31,752.00
Total $ 90,792.00
Additional Terms:

1. No additional or conflicting terms or conditions stated in Customer’s order documentation, including purchase orders, will be incorporated into or form any part of this Order Form or the governing agreement, and all such terms or conditions will be null.

2. Customers use of the Accela product are subject to customers’ acceptance of the terms at https://www.accela.com/terms/.

3. All Software Licenses, Maintenance, and Subscription purchases are non-cancelable and non-refundable.

4.If Customer has a prior agreement with Accela, and this purchase is co-terming with that prior agreement, if the start date on this Order Form is before the actual delivery date of the purchase, Accela may pro-rate this purchase so that it can co-term with the prior agreement.

5. If this Order Form is executed and/or returned to TruePoint by Customer after the Order Start Date above, TruePoint may adjust the Order Start Date and Order End Date without increasing the total price based on the date TruePoint activates the products and provided that the total term length does not change.

Signatures
TruePoint Solutions City of South Pasadena, CA
Signature: Signature:

Print Name: Kent Johnson Print Name:

Title: CEO Title:

Date: Date:
16 - 73
20201023

ACCELA SUBSCRIPTION SERVICES AGREEMENT
This Accela Subscription Services Agreement (this “Agreement”) is entered into as of the date of the applicable Order, as defined below, that incorporates these terms (the “Effective Date”) by and between Accela, Inc. and the entity identified in such Order (“Customer”).

1. DEFINITIONS.

1.1 "Accela System" means the information technology infrastructure used by or on behalf of Accela in performing the Subscriptions Services, including all computers, software (including but not limited to Accela Software), hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Accela or its third party suppliers.

1.2 "Aggregate Data" means data and information related to Customer's use of the Subscription Services, including anonymized analysis of all data processed in the Subscription Services, that is used by Accela in an aggregate and anonymized manner, including compiling statistical and performance information related to the provision and operation of the Services.

1.3 "Authorized User" means one named employee, contractor or agent of Customer (each identified by a unique email address) for whom Customer has purchased a subscription to the Subscription Services and who is authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement.

1.4 “Consulting Services” means packaged or time and materials consulting, review, training or other services (but excluding Subscription and Support Services) delivered by Accela to Customer pursuant an Order. The current Consulting Services Policy is available at www.accela.com/terms/.

1.5 “Customer Data” means the content, materials, and data that Customer, Authorized Users, and External Users enter into the Subscription Services. Customer Data does not include any component of the Subscription Services, material provided by or on behalf of Accela, or Aggregate Data.

1.6 “Documentation” means the then-current technical and functional user documentation in any form made generally available by Accela for the Subscription Services.

1.7 “External Users” means third party users of the Subscription Services that access the public-facing interfaces of the Subscription Services to submit queries and requests to facilitate communications between such third party and Customer.

1.8 “Intellectual Property Rights” means any patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights, in all cases whether or not registered or registrable and recognized in any country or jurisdiction in the world.

1.9 “Order” means an Accela order form or other mutually acceptable document fully executed between Customer and Accela that incorporates this Agreement.

1.10 “Service Availability Policy” means the Service Availability and Security Policy located at www.accela.com/terms/.

1.11 “Subscription Services” means the civic administration services, comprised of the Accela System, Software, and Support Services, to which Customer may license access to in accordance with the terms herein.

1.12 “Software” means any licensed software (including client software for Authorized Users’ devices) and Documentation that Accela uses or makes available as part of the Subscription Services. 16 - 74
~Accela
20201023

1.13 “Support Services” means those technical and help services provided by Accela in accordance with the Software Support Services Policies (SaaS) located at www.accela.com/terms/.

1.14 “Subscription Period” means the duration of Customer’s authorized use of the Subscription Services as designated in the Order.

2. USAGE AND ACCESS RIGHTS.

2.1 Right to Access. Subject to the terms and conditions of this Agreement, Accela hereby grants to Customer a limited, non-exclusive, non-transferable right and license during the Subscription Period, to permit: (i) Authorized Users to access and use the internal and administrative interfaces of the Subscription Services in accordance with the Documentation to support Customer’s internal business purposes and (ii) its External Users the ability to access and use the publicly available interfaces to submit requests and information to Customer. Each instance of the Subscription Service shall be provisioned with the amount of storage set forth in the Order and additional storage may be purchased at the then-current rates.

2.2 Support Services & Service Availability. During the Subscription Period, Accela shall provide to Customer the Support Services specified in the Order and shall make all commercially reasonable efforts to attain the service levels specified in the applicable policies. The remedies set forth in the Support Services and Service Availability Policy are the sole and exclusive remedies for any breach of the service levels. Customer grants Accela a royaltyfree, worldwide, transferable, sub- licensable, irrevocable, perpetual license to use or incorporate into its software or services any suggestions or other feedback provided by Customer or Authorized Users relating to the operation or features of the Subscription Services.

2.3 Purchasing Consulting Services. Customer may purchase Consulting Services from Accela by executing an Order for such services. All prices are exclusive of travel and expenses, which will be invoiced at actual cost, without markup, and will comply with the Consulting Services Policy located at www.accela.com/terms/ or as otherwise agreed in the applicable Order. If applicable, one Consulting Services day shall be equal to eight (8) hours.

2.4 Restrictions on Use. Customer shall not, and shall not permit others to: (i) use or access the Subscription Services in any manner except as expressly permitted by the Agreement, including but not limited to, in a manner that circumvents contractual usage restrictions set forth in this Agreement; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute, time share or otherwise make any portion of the Subscription Services available for access by third parties except as otherwise expressly provided herein; (iii) use the Subscription Service in a way that: (a) violates or infringes upon the rights of a third party; or (b) stores or transmits libelous, tortious, or otherwise unlawful material or malicious code or viruses; (iv) create derivative works, reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about any of the Subscription Services (except to and only to the extent such rights are proscribed by law); (v) interfere with or disrupt the security, integrity, operation, or performance of the Subscription Services; (vi) access, use, or provide access or use to the Subscription Services or Documentation for the purposes of competitive analysis or the development, provision, or use of a competing software, SaaS or product or any other purpose that is to Accela’s detriment or commercial disadvantage; (vii) provide access to the Subscription Services to competitors of Accela; (viii) access or use components of the Subscription Service not licensed by Customer; (ix) use or allow the use of the Subscription Services by anyone located in, under the control of, or that is a national or resident of a U.S. embargoed country or territory or by a prohibited end user under Export Control Laws (as defined in Section

12.3, Compliance with Laws); (x) remove, delete, alter or obscure any trademarks, Documentation, warranties, or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Subscription Services; or (xi) access or use the Subscription Services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments, systems or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Subscription Services could lead to personal injury or severe physical or property damage. 16 - 75
~Accela
20201023

2.5 Ownership. Accela retains all Intellectual Property Rights, including all rights, title and license to the Subscription Service, Software, Accela System, Support Services, Consulting Services, and Aggregate Data, any related work product of the foregoing and all derivative works thereof by whomever produced; provided however, that to the extent such materials are delivered to Customer as part of the Subscription Services, Consulting Services or Support Services then Customer shall receive a limited license consistent with the terms of Section 2 to use such materials during the Subscription Period.

2.6 Customer’s Responsibilities. Customer will: (i) be responsible for meeting Accela’s applicable minimum system requirements for use of the Subscription Services set forth in the Documentation; (ii) be responsible for Authorized Users’ compliance with this Agreement and for any other activity (whether or not authorized by Customer) occurring under Customer’s account; (iii) be solely responsible for the accuracy, quality, integrity and legality of Customer Data; (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Subscription Services and Customer Data under its account, and notify Accela promptly of any such unauthorized access or use, and; (v) use the Subscription Services only in accordance with the applicable Documentation, laws and government regulations.

3. PAYMENT TERMS.

3.1 Purchases Directly from Accela. Except as otherwise set forth in an Order, Subscription fees shall be invoiced annually in advance and such fees shall be due and payable on the first day of the Subscription and on each anniversary thereafter for each renewal, if any. All other invoices shall be due and payable net thirty (30) from the date of the applicable invoice. All amounts payable to Accela under this Agreement shall be paid by Customer in full without any setoff, deduction, debit, or withholding for any reason. Any late payments shall be subject to an additional charge of the lesser of 1.5% per month or the maximum permitted by law. All Subscription Services fees are exclusive of any taxes, levies, duties, withholding or similar governmental assessments of any nature (collectively, "Taxes"). If any such Taxes are owed or payable for such transactions, they shall be paid separately by Customer without set-off to the fees due Accela.

3.2 Purchases from Authorized Resellers. In the event that Customer has purchased any products or services through a reseller, subject to these terms, any separate payment arrangements and terms shall be exclusively through such reseller and Accela is not a party to such transactions. Accela’s sole obligations are set forth herein and Customer acknowledges that its rights hereunder may be terminated for non-payment to such third party.

4. CONFIDENTIALITY. As used herein, "Confidential Information" means all confidential information disclosed by a one party to this Agreement to the other party of this Agreement whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, Confidential Information will not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (ii) was known to the receiving party prior to its disclosure without breach of any obligation owed to the disclosing party; (iii) is received without restriction from a third party without breach of any obligation owed to the disclosing party; or (iv) was independently developed by the receiving party. Each party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information except as permitted herein, and will limit access to Confidential Information to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who are bound to protect such Confidential Information consistent with this Agreement. The receiving party may disclose Confidential Information if it is compelled by law to do so, provided the receiving party gives the disclosing party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's request and cost, to contest, limit, or protect the disclosure.

5. CUSTOMER DATA.
16 - 76
~Accela
20201023

5.1 Ownership. Customer reserves all its rights, title, and interest in and to the Customer Data. No rights are granted to Accela hereunder with respect to the Customer Data, except as otherwise set forth explicitly in Section

5. 5.2 Usage. Customer shall be responsible for Customer Data as entered in to, applied or used in the Subscription Services. Customer acknowledges that Accela generally does not have access to and cannot retrieve lost Customer Data. Customer grants to Accela the non-exclusive right to process Customer Data (including personal data) for the sole purpose of and only to the extent necessary for Accela: (i) to provide the Subscription Services; (ii) to verify Customer’s compliance with the restrictions set forth in Section 2.4 (Restrictions on Use) if Accela has a reasonable belief of Customer’s non-compliance; and (iii) as otherwise set forth in this Agreement. Accela may utilize the information concerning Customer’s use of the Subscription Services (excluding any use of Customer’s Confidential Information) to improve Subscription Services, to provide Customer with reports on its use of the Subscription Services, and to compile aggregate statistics and usage patterns by customers using the Subscription Services.

5.3 Use of Aggregate Data. Customer agrees that Accela may collect, use and disclose Aggregate Data derived from the use of the Subscription Services for industry analysis, benchmarking, analytics, marketing and other business purposes. All Aggregate Data collected, used and disclosed will be in aggregate form only and will not identify Customer, its Authorized Users or any third parties utilizing the Subscription Services.

6. WARRANTIES AND DISCLAIMERS.

6.1 Subscription Services Warranty. During the Subscription Period, Accela warrants that Subscription Services shall perform materially in accordance with the applicable Documentation. As Customer’s sole and exclusive remedy and Accela’s entire liability for any breach of the foregoing warranty, Accela will use commercially reasonable efforts to: (a) repair the Subscription Services in question; (b) replace the Subscription Services in question with those of substantially similar functionality; or (c), after making all commercially reasonable attempts to do the foregoing, terminate the applicable Subscription Services and refund all unused, prepaid fees paid by Customer for such non-compliant Subscription Services.

6.2 Consulting Services Warranty. For ninety (90) days from the applicable delivery, Accela warrants that Consulting Services shall be performed in a professional and workmanlike manner. As Customer’s sole and exclusive remedy and Accela’s entire liability for any breach of the foregoing warranty, Accela will use commercially reasonable efforts to (a) re-perform the Consulting Services in a compliant manner; or, after making all commercially reasonable attempts to do the foregoing, (b) refund the fees paid for the non-compliant Consulting Services.

6.3. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ACCELA MAKES NO WARRANTY OF ANY KIND,

WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED

WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6.4. Cannabis-Related Activities. If Customer purchases any Subscription Services for use with any cannabisrelated activities, the following additional disclaimers shall apply: Accela is considered a software service provider to its customers and not a cannabis related business or agent thereof. In addition to the foregoing, Accela only retains Subscription Services fees of this Agreement from its Customer for general software services, a state or local government agency, and does not retain these fees from any type of External Users. It is the sole responsibility of the Customer to offer state law compliant services, which may be coordinated and facilitated through the use of the Subscription Services. Accela makes no representations, promises, or warranties with respect to the legality, suitability, or otherwise regarding any third party provider, including partners, and have no responsibility or liability with respect to services provided to Customer by such third parties.

7. INDEMNIFICATION. Accela will defend (or at Accela’s option, settle) any third party claim, suit or action brought against Customer to the extent that it is based upon a claim that the Subscription Services, as furnished by Accela hereunder, infringes or misappropriates the Intellectual Property Rights of any third party, and will pay any costs, 16 - 77
~Accela
20201023
damages and reasonable attorneys’ fees attributable to such claim that are finally awarded against Customer, provided that Customer provides: (a) Accela notice of such claim as soon practical and in no event later than would reasonably permit Accela to respond to such claim, (b) reasonable cooperation to Accela, at Accela’s expense, in the defense and/or settlement of such claim and (c) Accela the sole and exclusive control of the defense, litigation and settlement of such claim. In the event that Accela reasonably believes, in its sole discretion, that such claim may prevail or that the usage of the Subscription Services may be joined, Accela may seek to: (a) modify the Subscription Services such that it will be non-infringing (provided such modification does not materially reduce the functionality or performance of Customer’s installed instance); (b) replace the Subscription Services with a service that is non-infringing and provides substantially similar functionality and performance; or, if the first two options are not commercially practicable, (c) terminate the remainder of the Subscription Period and refund any, pre-paid, unused fees received by Accela. Accela will have no liability under this Section 7 to the extent any claims arise from (i) any combination of the Subscription Services with products, services, methods of a third party; (ii) a modification of the Subscription Services that were either implemented by anyone other than Accela or implemented by Accela in accordance with Customer specifications; (iii) any use of the Subscription Services in a manner that violates this Agreement or the instructions given to Customer by Accela; (iv) a version of the Subscription Services other than the current, fully patched version, provided such updated version would have avoided the infringement; or (v) Customer’s breach of this Agreement. THIS SECTION 7 STATES THE ENTIRE

OBLIGATION OF ACCELA AND ITSLICENSORSWITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS RELATED TO THIS AGREEMENT.

8. LIMITATION OF LIABILITY. EXCEPT FOR LIABILITY ARISING OUT OF EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY OR CUSTOMER’S BREACH OF SECTION 2, NEITHER PARTY’S AGGREGATE LIABILITY FOR

DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO

USE THE SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT. EXCEPT FOR LIABILITY ARISING OUT OF CUSTOMER’S BREACH OF SECTION 2 OR EITHER PARTY’S

LIABILITY FOR DEATH OR PERSONAL INJURY, IN NO EVENT SHALL EITHER PARTY OR ANY OTHER PERSON OR ENTITY

INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL,

EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL,

SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR

SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO

USE THE SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING EXCLUSIONS APPLY WHETHER OR NOT A

PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. SECURITY. Accela has implemented commercially viable and reasonable information security processes, policies and technology safeguards to protect the confidentiality and integrity of Customer Data, personal data protect against reasonably anticipated threats. Customer acknowledges that, notwithstanding security features of the Subscription Services, no product, hardware, software or service can provide a completely secure mechanism of electronic transmission or communication and that there are persons and entities, including enterprises, governments and quasi- governmental actors, as well as technologies, that may attempt to breach any electronic security measure. Subject only to its limited warranty obligations set forth in Section 6, Accela will have no liability for any such security breach. Customer further acknowledges that the Subscription Services is not guaranteed to operate without interruptions, failures, or errors. If Customer or Authorized Users use the Subscription Services in any application or environment where failure could cause personal injury, loss of life, or other substantial harm, Customer assumes any associated risks and will indemnify Accela and hold it harmless against those risks.

10. THIRD PARTY SERVICES. Customer may choose to obtain a product or service from a third party that is not directly produced by Accela as a component of the Subscription Services (“Third Party Services”) and this may include third party products resold by Accela. Accela assumes no responsibility for, and specifically disclaims any liability, warranty or obligation with respect to, any Third Party Service or the performance of the Subscription 16 - 78
~Accela
20201023
Services (including Accela’s service level commitment) when the Subscription Services are used in combination with or integrated with Third Party Services.

11. TERM AND TERMINATION.

11.1 Agreement Term. This Agreement shall become effective on the Effective Date and shall continue in full force and effect until the expiration of any Subscription Periods set forth in an applicable Order governed by the Agreement.

11.2 Subscription Periods & Renewals. Subscription Periods begin as specified in the applicable Order and, unless terminated earlier in accordance with this Agreement, continue for the term specified therein. Except as otherwise specified in the applicable Order, (a) all Subscription Services will automatically renew for additional Subscription Periods equal to the expiring Subscription Period, unless either party gives the other at least sixty (60) days’ notice of non-renewal before the end of the relevant Subscription Period and (b), Orders may only be cancelled or terminated early in accordance with Section 11.3. Subscription Services renewals may be subject to an annual increase, for which Accela shall provide Customer notice prior to the renewal of the Subscription Period. In the event of any non-renewal or other termination, Customer’s right to use the Subscription Services will terminate at the end of the relevant Subscription Period.

11.3 Termination or Suspension for Cause. A party may terminate this Agreement and Subscription Services license granted hereunder for cause upon thirty (30) days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such thirty (30) day period. Either party may terminate immediately if the other party files for bankruptcy or becomes insolvent. Accela may, at its sole option, suspend Customer’s or any Authorized User’s access to the Subscription Services, or any portion thereof, immediately if Accela: (i) suspects that any person other than Customer or an Authorized User is using or attempting to use Customer Data; (ii) suspects that Customer or an Authorized User is using the Subscription Services in a way that violates this Agreement and could expose Accela or any other entity to harm or legal liability; (iii) is or reasonably believes it is required to do so by law or court order or; (iv) Customer’s payment obligations are more than ninety (90) days past due, provided that Accela has provided at least thirty (30) days’ notice of such suspension for delinquent payment. Should Customer terminate this Agreement for cause, Accela will refund a pro-rata portion of unused, pre-paid fees.

11.4 Effect of Termination. If this Agreement expires or is terminated for any reason: (i) within thirty (30) calendar days following the end of Customer’s final Subscription Period, upon Customer’s request Accela provided Customer Data and associated documents in a database dump file; provided that Customer pays (a) all costs of and associated with such copying, as calculated at Accela’s then-current time-and-materials rates, and (b) any and all unpaid amounts due to Accela; (ii) licenses and use rights granted to Customer with respect to Subscription Services and intellectual property will immediately terminate; and (iii) Accela’s obligation to provide any further services to Customer under this Agreement will immediately terminate, except as mutually agreed between the parties. If the Subscription Services are nearing expiration date or are otherwise terminated, Accela will initiate its data retention processes, including the deletion of Customer Data from systems directly controlled by Accela.

Accela’s current Data Storage Policy can be accessed www.accela.com/terms/.

11.5 Survival. Sections 2.5 (Ownership and Proprietary Rights), 4 (Confidentiality), 6.3 (Disclaimer), 8 (Limitation of Liability), 11.4 (Effect of Termination), 11.5 (Surviving Provisions), and 12 (General Provisions) will survive any termination or expiration of this Agreement.

12. GENERAL.

12.1 Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery; (ii) three days after sending registered, return receipt requested, post or; (iii) one day after sending by commercial overnight carrier. Notices will be sent to the address specified by the recipient in writing when entering into this Agreement or establishing Customer’s account for the Subscription Services.
16 - 79
~Accela
20201023

12.2 Governing Law and Jurisdiction. This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the subject matter of this Agreement will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

12.3 Compliance with Laws. Each party will comply with all applicable laws and regulations with respect to its activities under this Agreement including, but not limited to, export laws and regulations of the United States and other applicable jurisdictions. Further, in connection with the services performed under this Agreement and Customer’s use of the Subscription Services, the parties agree to comply with all applicable anti-corruption and anti-bribery laws, statutes and regulations.

12.4 Assignment. Customer may not assign or transfer this Agreement, whether by operation of law or otherwise, without the prior written consent of Accela, which shall not be unreasonably withheld. Any attempted assignment or transfer, without such consent, will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

12.5 Publicity. Notwithstanding anything to the contrary, each party will have the right to publicly announce the existence of the business relationship between parties without disclosing the specific terms of the Agreement.

12.6 Miscellaneous. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect. Accela will not be liable for any delay or failure to perform under this Agreement to the extent such delay or failure results from circumstances or causes beyond the reasonable control of Accela. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or similar relationship between the parties. This Agreement, including any attachments hereto as mutually agreed upon by the parties, constitute the entire agreement between the parties concerning its subject matter and it supersedes all prior communications, agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by a duly authorized representative of each party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary, no additional or conflicting terms or conditions stated in any of Customer’s purchase order documentation or otherwise will be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.

In WITNESS WHERE OF, the parties have indicated their acceptance of the terms of this Agreement by their signatures below
ACCELA, INC. CUSTOMER: ________________________
Signature: ______________________________ Signature: __________________________ Name: ______________________________ Name: ____________________________ Title: ______________________________ Title: ____________________________ Date: ______________________________ Date: ____________________________ 16 - 80
~Accela
ATTACHMENT 4
Draft Professional Services Agreement for TruePoint Solutions 16 - 81
Professional Services Agreement – Consultant Services

Approved For Use 11/15/16

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of South Pasadena / TruePoint Solutions)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of South Pasadena, a California municipal corporation (“City”), and TruePoint Solutions (“Consultant”).

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: TruePoint Solutions.

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1. “Scope of Services”: Exhibit B

3.2. “Agreement Administrator”: The Agreement Administrator for this project is Angelica Frausto-Lupo, Community Development Director. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant

3.3. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This Attachment 4
16 - 82
Professional Services Agreement – Consultant Services

Approved For Use 11/15/16
fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.4. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is two hundred fifty two thousand five hundred sixty-seven Dollars ($252,567.00).

3.5. “Commencement Date”: December 22, 2022.

3.6. “Termination Date”: December 21, 2023

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S DUTIES

5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

5.5. Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of 16 - 83
Professional Services Agreement – Consultant Services

Approved For Use 11/15/16
Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.

5.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Kent Johnson shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

5.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
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6. SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

6.4. Compensation for Subcontractors. City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

7. COMPENSATION

7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant. 16 - 85
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7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Consultant shall defend, indemnify, and hold the City, tis elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products” herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

10. RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
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10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. INDEMNIFICATION

11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officers, agents, employees and volunteers.

11.2 Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to comply with any provision in this Agreement.

11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City.

11.4 Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent. 16 - 87
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11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act.

Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

12. INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same.

Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: Electronic Permitting System.
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $2,000,000 per occurrence, 16 - 88
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$2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $2,000,000
• Each Occurrence $2,000,000
• Fire Damage (any one fire) $ 100,000
• Medical Expense (any 1 person) $ 10,000
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.

Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form.

Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks.

12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work.

Coverage shall be continued for two years after the completion of the work by one of 16 - 89
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the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of South Pasadena must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be noncontributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of South 16 - 90
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Pasadena, Attn: Angelica Frausto-Lupo Community Development Director, South Pasadena, CA 91030.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.

12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

12.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

13. MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

14. NOTICES
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Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
Angelica Frausto-Lupo
Community Development Director
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7220
Facsimile: (626) 403-7241
If to Consultant
Kent Johnson, CEO
TruePoint Solutions
3282 Penryn Road, Suite 100-B
Loomis, CA 95650
Telephone: (916) 259-1293
With courtesy copy to:

Andrew Jared
South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd. Ste. 850
Pasadena, CA 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710

15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph

10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph

12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

16. TERMINATION

16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
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16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

17. INTERPRETATION OF AGREEMENT

17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 16 - 93
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17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

18. GENERAL PROVISIONS

18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the 16 - 94
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following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action.

18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement. 16 - 95
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of South Pasadena
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
TruePoint Solutions
By:________________________________
Signature
Printed: Kent Johnson
Title:__CEO___________________________
Date:______________________
Attest:

By:__________________________________
Christina Munoz
Deputy City Clerk
Date:________________________
Approved as to form:

By:__________________________________
Andrew Jared, City Attorney
Date:________________________
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ATTACHMENT 5
HCD Agreement No. 19-PGP-14277
16 - 97
For Shaun Singh
8/6/2020
Attachment 5
16 - 98

STATE OF CALIFORNIA- DEPARTMENT OF GENERAL

SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (1f applicable) STD 213 (Rev. 03/2019) 19-PGP-14277

1. This Agreement is entered into between the Contracting Agency and the Contractor named below.

CONTRACTING AGENCY NAME

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

CONTRACTOR'S NAME
City of South Pasadena

2. The term of this Agreement is:

START DATE
Upon HCD Approval

THROUGH END DATE
12/31/2022

3. The maximum amount of this Agreement is:
$160,000.00

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement

EXHIBITS
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
TITLE
Exhibit c· State of California General Terms and Conditions Exhibit D PGP Terms and Conditions
Exhibit E Special Conditions

TOTAL NUMBER OF PAGES ATTACHED
Items shown with an asterisk("), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at hNps:l/www.dgs.ca.gov/OLSIResources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership,etc.) City of South Pasadena

CONTRACTOR BUSINESS ADDRESS
1414 Mission Street

PRINTED NAME OF PERSON SIGNING
CITY
South Pasadena
STATE
CA
TITLE
PAGES
2 5
GTC-04/2017
8 ZIP
91030
0 15
Stephanie De Wolfe City Manager

CONTRACTOR AUT
Ji<

CONTRACTING AGENCY NAME
Department of Housing and Community Development

CONTRACTING AGENCY ADDRESS
2020 W. El Camino Ave .. Suite 130

PRINTED NAME OF PERSON SIGNING
Synthia Rhinehart

STATE OF CALIFORNIA
CITY
Sacramento

DATE SIGNED
STATE
CA
TITLE
Contracts Manager,
ZIP
95833
Business & Contract Services Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
~ ~ California Department of General Services Approval (or exemption, if applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 6/12/1981) 16 - 99

1. 2.

3. 4.

5. Authority

EXHIBIT A
City of South Pasadena
19-PGP-14277

AUTHORITY. PURPOSE AND SCOPE OF WORK
Pursuant to Health and Safety Code section 50470, subdivision (b)(1)(A), the State of California Department of Housing and Community Development (the "Department" or "State") has established the Planning Grants Program ("PGP," or the "Program" as defined in Section 102 of the Guidelines) for Local Governments and Localities. This Standard Agreement, along with all its exhibits (the "Agreement'), is entered into under the authority of, and in furtherance of, the purpose of the Program. Pursuant to Health and Safety Code Section 50470, subdivision {d), the Department has issued the Senate Bill 2 Planning Grants Program Year 1 Guidelines (the "Guidelines") dated December 2018 governing the Program, and a Notice of Funding Availability ("NOFA") dated March 28, 2019.

Purpose
In accordance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. The Department has agreed to make the grant to provide financial assistance for the preparation, adoption and implementation of a plan for Accelerating Housing Production and Streamlined Housing Production {as defined in Section 102 of the Guidelines) pursuant to the terms of the Guidelines, the NOFA, and this Agreement. By entering into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions of the Guidelines, the NOFA, this Agreement, the representations contained in the application, and the requirements of the authority cited above. Based on the representations made by the Grantee, the State shall provide a grant in the amount shown in Exhibit B, Section 2.

Definitions
Terms herein shall have the same meaning as definitions in Section 102 of the Guidelines.

Scope of Work
Update planning documents, entitlement processes or zoning ordinances in accordance with the Grantee's Schedule F: Project Timeline and Budget, as provided by the Grantee in the SB 2 Planning Grant Program application used for subsequent approval by the Department.

Department Contract Coordinator
The Contract Coordinator of this Agreement for the Department is the Housing Policy Development Manager, or the Manager's designee. Unless otherwise informed, any Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 100

EXHIBIT A
City of South Pasadena
19-PGP-14277

notice, report, or other communication required by this Agreement shall be mailed by first class mail to the Department Contract Coordinator at the following address:

Department of Housing and Community Development
Housing Policy Development
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
Land Use Planning Unit
Attention: PGP Program Manager
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
P. 0 . Box 952050
Sacramento, CA 94252-2050
16 - 101

EXHIBIT B
City of South Pasadena
19-PGP-14277

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Application for Funds
A. The Department is entering into this Agreement on the basis of, and in reliance on facts, information, assertions and representations contained in the Application and any subsequent modifications or additions thereto approved by the Department.

The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement.

B. The Grantee warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of the Grantee's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof.

2. Grant and Reimbursement Limit
The maximum total amount gra'nted and reimbursable to the Grantee pursuant to this Agreement shall not exceed $160,000.

3. Grant Timelines
A. This Agreement is effective upon approval by all parties and the Department, which is evidenced by the date signed by the Department on page one, Standard Agreement, STD 213 (the "Effective Date").

B. All Grant funds must be expended by June 30, 2022.

C. The Grantee shall deliver to the Department all final invoices for reimbursement on or before February 28, 2022, to ensure meeting the June 30, 2022 deadline.

Under special circumstances, as determined by the Department, the Department may modify the February 28, 2022 deadline.

D. It is the responsibility of the Grantee to monitor the project and timeliness of draws within the specified dates.

Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 102

EXHIBITB

4. Allowable Uses of Grant Funds
City of South Pasadena
19-PGP-14277

A. The Department shall not award or disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the Guidelines, the NOFA, and this Agreement.

B. Grant funds shall only be used by the Grantee for project activities approved by the State that involve the preparation and adoption of project activities as stated in the scope of work, project description, project timeline and other parts of the application, and eligible activities and uses pursuant to Article Ill of the Guidelines.

C. Grant funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to the preparation and adoption of the proposed activity.

D. The Grantee shall use no more than 5 percent of the total grant amount for costs related to administration of the project.

E. A Grantee that receives funds under this Program may use a subcontractor. The subcontract shall provide for compliance with all the requirements of the Program.

The subcontract shall not relieve the Grantee of its responsibilities under the Program.

F. After the contract has been executed by the Department and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s} upon completion of deliverables in accordance with Schedule F: Project Timeline and Budget and the Statement of Work and subject to the terms and conditions of this Agreement.

G. Only approved and eligible costs incurred for work after the NOFA date, continued past the date of execution and acceptance of the Standard Agreement and completed during the grant term will be reimbursable.

H. Approved and eligible costs incurred prior to the NOFA date are ineligible.

5. Performance
The Grantee shall take such actions, pay such expenses, and do all things necessary to complete the scope of work specified in Exhibit A and as incorporated by the SB 2 Program application in accordance with the schedule for completion set forth therein and within the terms and conditions of this Agreement.

Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 103

6. EXHIBIT 8
Fiscal Administration
City of South Pasadena
19-PGP-14277

A. The Grantee is responsible for maintaining records which fully disclose the activities funded by the PGP grant. Adequate documentation for each reimbursable transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to PGP grant funds. If the allowability of expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the State shall determine the reimbursement method for the amount disallowed. The State's determination of the allowability of any expense shall be final, absent fraud, mistake or arbitrariness.

B. . Work must be completed prior to requesting reimbursement. The Department may make exceptions to this provision on a case by case basis. In unusual circumstances, the Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work.

C. Prior to receiving reimbursement, the Grantee shall submit the following documentation:
1) Government Agency Taxpayer ID Form (GovTIN; Fi$cal form); 2) A Request for Funds on a form provided by the Department; and 3) Any and all documentation requested by the Department in the form and manner as outlined in the following subsection D.

D. Grantee shall submit all required reimbursement documentation to the following address:

Department of Housing and Community Development
Housing Policy Development
Land Use Planning Unit
Attention: PGP Program Manager
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
P. 0. Box 952050
Sacramento, CA 94252-2050
E. The Grantee shall submit invoices for reimbursement to the Department according to the following schedule:

Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 104

EXHIBITS
1) At maximum, once per quarter; or
City of South Pasadena
19-PGP-14277

2) Upon completion of a deliverable, subject to the Department's approval; and 3) At minimum, one invoice for reimbursement annually.

The Department will use the 2019 calendar year beginning with January, with first requests for reimbursement accepted on or after September 30, 2019.

F. The request for reimbursement must be for a minimum of 15 percent of the maximum grant amount awarded. The Department may consider exceptions to the minimum amount requested on a case-by-case basis. All invoices shall reference the contract number and shall be signed and submitted to the Department's Program Manager at the address provided above in Section 6, item D of Exhibit B.

Invoices shall include at a minimum the following information:
1) Names of the Grantee's personnel performing work;
2) Dates and times of project work;
3) Itemized costs in accordance with the Schedule F: Project Timeline and Budget and Statement of Work, including identification of each employee, contractor, subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each of the Grantee's employees, contractor(s), sub-recipient(s) or subcontractor's staff member(s), authorized expenses with receipts, and contractor, sub-recipient and subcontractor invoices; and
4) Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of grant funds.

G. The Department will reimburse the Grantee directly for all allowable project costs as promptly as the Department's fiscal procedures permit upon receipt of an itemized signed invoice.

H. The Department recognizes that budgeted deliverable amounts are based upon estimates. Grantees may request, in writing, a budget adjustment across deliverables subject to written approval by the Department, as long as the total budget does not exceed the maximum amount awarded to the Grantee.

I. Grant funds cannot be disbursed until this Standard Agreement has been fully executed.

Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 105

EXHIBIT B
City of South Pasadena
19-PGP-14277

J. Grant fund payments will be made on a reimbursement basis; advance payments are not allowed. The Grantee, its subcontractors and all partners, must have adequate cash flow to pay all grant-related expenses prior to requesting reimbursement from the Department. The Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work pursuant to Section 601 (f) of the Guidelines.

K. The Grantee will be responsible for compiling and submitting all invoices, supporting documentation and reporting documents. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid.
1) Supporting documentation may include, but is not limited to; purchase orders, receipts, progress payments, subcontractor invoices, timecards, or any other documentation as deemed necessary by the Department to support the reimbursement to the Grantee for expenditures incurred.

L. The Grantee will submit for reimbursements to the Department based on actual costs incurred, and must bill the State based on clear and completed objectives and deliverables as outlined in the application, in Schedule F: Project Timeline and Budget, the Statement of Work, and/or any and all documentation incorporated into this Standard Agreement and made a part thereof.

M. The Department may withhold 10 percent of the grant until grant terms have been fulfilled to the satisfaction of the Department.

Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
Exhibit C
Exhibit C (State of California General Terms and
Conditions) is included by reference. See the note
on cover page under the Title Section.
16 - 106
16 - 107

1. EXHIBIT D

PGP TERMS AND CONDITIONS
Reporting
City of South Pasadena
19-PGP-14277

A. During the term of the Standard Agreement the Grantee shall submit, upon request of the Department, a performance report that demonstrates satisfaction of all requirements identified in this Standard Agreement.

B. Upon completion of all objectives and deliverables required to fulfill this contract pursuant to Schedule F: Project Timeline and Budget and the Scope of Work, Exhibit A, Section 4, and as referred to in Exhibit B, Section 6, subsection K. within this Standard Agreement, the Grantee shall submit a final close out report in accordance with Section 604, subsection (b), and as instructed in Attachment 3 of the December 2018 Planning Grants Program Guidelines. The close out report shall be submitted with the final invoice by the end of the grant term as listed in Exhibit B, Section 3, subsection C.

2. Accounting Records
A. The Grantee, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line.

The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices.

B. The Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the scope of work, project timeline and budget. Separate bank accounts are not required.

C. The Grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing}, and financial records of expenditures incurred during the course of the project in accordance with GAAP.

D. The Grantee agrees that the state or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Standard Agreement.

E. Subcontractors employed by the Grantee and paid with moneys under the terms of this Standard Agreement shall be responsible for maintaining accounting records as specified above.

3. Audits
A. At any time during the term of the Standard Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the award. At the Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 108

EXHIBIT D
City of South Pasadena
19-PGP-14277

Department's request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during and over the project life. 1) The Grantee agrees that the Department or the Department's designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement.
2) The Grantee agrees to provide the Department or the Department's designee, with any relevant information requested.
3) The Grantee agrees to permit the Department or the Department's designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, Program guidelines, and this Agreement.

B. If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in Exhibit D, Section 8 subsection A of this Standard Agreement.
1) The Grantee shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers. 2) The Grantee is responsible for the completion of audits and all costs of preparing audits.
3) If there are audit findings, the Grantee must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report.

C. The Grantee agrees to maintain such records for possible audit after final payment pursuant to Exhibit D, Section 3, subsection E. below, unless a longer period of records retention is stipulated.
1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Grantee, contractors and sub-contractors until completion of the action and resolution of all issues which arise from it. The Grantee shall include in any contract that it enters into in an amount exceeding $10,000, the Department's right to audit the contractor's records and interview their employees.

Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 109

4. EXHIBIT D
City of South Pasadena
19-PGP-14277

2) The Grantee shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10.

D. The determination by the Department of the eligibility of any expenditure shall be final.

E. The Grantee shall retain all books and records relevant to this Agreement for a minimum of (3) three years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter.

Remedies of Non-performance
A. Any dispute concerning a question of fact arising under this Standard Agreement that is not disposed of by agreement shall be decided by the Department's Housing Policy Development Manager, or the Manager's designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of the Department's Housing Policy Development Manager or Designee shall be the Department's final decision regarding the dispute.

B. Neither the pendency of a dispute nor its consideration by the Department will excuse the Grantee from full and timely performance in accordance with the terms of this Standard Agreement.

C. In the event that it is determined, at the sole discretion of the Department, that the Grantee is not meeting the terms and conditions of the Standard Agreement, immediately upon receiving a written notice from the Department to stop work, the Grantee shall cease all work under the Standard Agreement. The Department has the sole discretion to determine that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Standard Agreement.

D. Both the Grantee and the Department have the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The Grantee will submit any requested documents to the Department within 30 days of the early termination notice.

E. There must be a strong implementation component for the funded activity through this Program, including, where appropriate, agreement by the locality to formally adopt the completed planning document. Localities that do not formally adopt the funded activity could be subject to repayment of the grant.

F. The following shall each constitute a breach of this Agreement:
1) Grantee's failure to comply with any of the terms and conditions of this Agreement. 2) Use of, or permitting the use of, grant funds provided under this Agreement for any Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 110

5. EXHIBIT D
City of South Pasadena
19-PGP-14277

ineligible costs or for any activity not approved under this Agreement. 3) Any failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager.

G. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may at its discretion, exercise the following remedies:
1) Disqualify the Grantee from applying for future PGP Funds or other Department administered grant programs;
2) Revoke existing PGP award{s) to the Grantee;
3) Require the return of unexpended PGP funds disbursed under this Agreement; 4) Require repayment of PGP Funds disbursed and expended under this agreement; 5) Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the PGP Program requirements; and
6) Other remedies available at law, or by and through this agreement. All remedies available to the Department are cumulative and not exclusive. 7) The Department may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days.

Indemnification
Neither the Department nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents, its contractors, its sub-recipients or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon the Grantee under this Standard Agreement. It is understood and agreed that the Grantee shall fully defend, indemnify and save harmless the Department and all of the Department's staff from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents contractors, subrecipients, or subcontractors under this Standard Agreement.

6. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 111

7. EXHIBIT D
City of South Pasadena
19-PGP-14277

construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.

Relationship of Parties
It is expressly understood that this Standard Agreement is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

8. Third-Party Contracts
A All state-government funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of Califomia state law.

B. Any contract entered into as a result of this Agreement shall contain all the provisions stipulated in the Agreement to be applicable to the Grantee's sub-recipients, contractors, and subcontractors. Copies of all agreements with sub-recipients, contracts, and subcontractors must be submitted to the Department's program manager.

C. The Department does not have a contractual relationship with the Grantee's subrecipients, contractors, or subcontractors, and the Grantee shall be fully responsible for all work performed by its sub-recipients, contractors, or subcontractors.

D. In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort between the Grantee and other jurisdictions who are grantees of the SB 2 Planning Grants Program, the Grantee acknowledges that each partner and/or all entities forming the SB 2 Planning Grants Program collaborative are in mutual written agreement with each other but are contractually bound to the Department under separate, enforceable contracts.

E. In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort with other entities that are not grantees of the SB 2 Planning Grants Program, the Department shall defer to the provisions as noted in subsections 8(8) and 8(C) of this part.

9. Compliance with State and Federal Laws, Rules, Guidelines and Regulations A The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the Grantee, its contractors or subcontractors, and any other grant activity.

B. During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 112

10. 11.

EXHIBIT D
City of South Pasadena
19-PGP-14277

benefits, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic information, age, disability, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations.

C. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the PGP.

D. The Grantee shall, in the course of performing project work, fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
E. The Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the PGP project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351.

Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The Grantee shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.

Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of both parties.

12. State-Owned Data
A. Definitions
Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 113

EXHIBIT D
1) Work:

City of South Pasadena
19-PGP-14277

The work to be directly or indirectly produced by the Grantee, its employees, or by and of the Grantee's contractor's, subcontractor's and/or sub-recipient's employees under this Agreement.
2) Work Product:

All deliverables created or produced from Work under this Agreement including, but not limited to, all Work and Deliverable conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six months after the termination thereof, which relates to the Work commissioned or performed under this Agreement. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Grantee and/or Grantee's contractor subcontractor and/or sub-recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection.
3) Inventions:

Any ideas, methodologies, designs, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by the Grantee or jointly with the Grantee's contractor, subcontractor and/or sub-recipient and/or Grantee's contractor, subcontractor, and/or sub-recipient's employees with one or more employees of the Department during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement.

B. Ownership of Work Product and Rights
1) All work Product derived by the Work performed by the Grantee, its employees or by and of the Grantee's contractor's, subcontractor's and/or sub-recipient's employees under this Agreement, shall be owned by the Department and shall be considered to be works made for hire by the Grantee and the Grantee's contractor, subcontractor and/or subrecipient for the Department. The Department shall own all copyrights in the work product.
2) Grantee, its employees and all of Grantee's contractor's, subcontractor's and subrecipient's employees agree to perpetually assign, and upon creation ~f each Work Product automatically assigns, to the Department, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the Grantee's contractor, subcontractor and/or subrecipient from the Department.

From time to time upon the Department's request, the Grantee's contractor, subcontractor and/or subrecipients, and/or its employees, shall confirm such Planning Grants Program {PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
16 - 114
· 13.

EXHIBIT D
City of South Pasadena
19-PGP-14277

assignments by execution and delivery of such assignment, confirmations or assignment or other written instruments as the Department may request. The Department shall have the right to obtain and hold in its name all copyright registrations and other evidence of rights that may be available for Work Product under this Agreement. Grantee hereby waives all rights relating to identification of authorship restriction or limitation on use or subsequent modification of the Work. 3) Grantee, its employees and all Grantee's contractors, subcontractors and subrecipients hereby agrees to assign to the Department all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority thereunder and the same shall become and remain the Department's property regardless of whether such protection is sought. The Grantee, its employees and Grantee's contractor, subcontractor and /or subrecipient shall promptly make a complete written disclosure to the Department of each Invention not otherwise clearly disclosed to the Department in the pertinent Work Product, specifically noting features or concepts that the Grantee, its employees and/or Grantee's contractor, subcontractor and/or subrecipient believes to be new or different.
4) Upon completion of all work under this Agreement, all intellectual property rights, ownership and title to all reports, documents, plans, specifications and estimates, produced as part of this Agreement will automatically be vested in Department and no further agreement will be necessary to transfer ownership to Department.

Special Conditions
The State reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved.

Planning Grants Program (PGP)
NOFA Date: March 28, 2019
Approved Date: October 17, 2019
Prep. Date: April 30, 2020
SB2 Planning Grants Application
F. Project Timeline and Budget
City of South Pasadena
Electronic Permitting/Case Management System Revised Schedule; September 2022 Project Goal: Priority Policy Area (PPA): Implement a new Electronic Permitting System (Local Process Im provements that Im prove and Expedite Local Planning) Task
Responsible
Party Estimated Cost Begin End Deliverable PPA* Status Notes Write and Release an RFP
Applicant
(City) 0 1/1/2022 1/31/2022 Proposals and Cost Estimates Yes Complete Inhouse (City) Revised Dates: 2/22/2022 3/31/2022
Select Vendor and Prepare Contract
Applicant
(City) 0 1/1/2022 1/31/2022 Staff Report for City Council Approval Yes Pending Inhouse (City) Revised Dates: 9/1/2022 10/15/2022
City Council Contract Approval
Applicant
(City) 2/1/2022 2/28/2022 Yes Pending** Inhouse (City)
Revised Dates: 10/15/2022 12/31/2022
Workflow Needs Assessment
Selected
Vendor $15,000 2/1/2022 3/31/2022
Map internal workflow and recommend
improvements Yes Pending
Selected Vendor and
City
Revised Dates: 1/3/2023 3/15/2023 (is part of the proposal) Purchase Electronic Permitting System
Applicant
(City) $80,000 4/1/2022 4/30/2022 Software Purchase Yes Pending Inhouse (City) Revised Dates: 1/2/2023 3/31/2023 (is part of the proposal) Phase-In Implementation
Selected
Vendor $21,500 5/1/2022 8/31/2022 Quarterly Implementation Milestones Yes Pending Selected Vendor and
City
Revised Dates: 3/15/2023 6/30/2023 (is part of the proposal) Final Launch/Quality Control
Selected
Vendor $8,500 9/1/2023 9/30/2023 Go Live Yes Pending
Selected Vendor and
City
Revised Dates: 7/14/3023 7/31/2023
First Annual Subscription Fee
Applicant
(City) $35,000 9/1/2023 9/30/2023 First Year Subscription Contract Yes Pending City Revised Dates: 8/1/2023 8/31/2023
*Priority Policy Area ** All contracts over $25,000 require City Council Approval 16 - 115
City Council
Agenda Report
DATE: December 7, 2022
FROM: Armine Chaparyan, City Manager�
ITEM NO. 17
PREPARED BY: Angelica Frausto-Lupo, Community Development Director Matt Chang, Planning Manager
----1
SUBJECT: Approval of Renewal of Annual Agreement with Digital Map Products, LP. for GovClarity
Recommendation
It is recommended that the City Council approve the renewal agreement with Digital Map Products, L.P. in an amount not-to-exceed $26,114 for GovClarity, a map-based location information license and application, for the term of October 1, 2022 through September 30, 2023.

Background
GovClarity is a digital map-based location data service provided by Digital Map Products, L.P. that is used by the Community Development Department to access data in support of planning, building, code enforcement, and housing functions. The service provides a digital platform for the City of South Pasadena's basic Geographic Information System (GIS) needs, and does not require City IT resources to maintain and update.

GovClarity provides the following services:
• The ability for City staff members to create data-based maps • The baseline GIS product, with 10 user accounts
• The LAR-IAC imagery, as purchased by the City
• L.A. County Parcels, updated quarterly
• L.A. County Tax Roll, updated annually
• L.A. County Property Sales transactions, updated quarterly • U.S. Census streets
• Ability to create certain City layers added to the map • City-maintained layers
• Generic Point mapping-unlimited number of point layers added and maintained by the City
• Addresses - initial layer added from parcel data; City may choose to add additional address/unit points on the map for better address geocoding 17 - 1
Digital Map Products, L.P. Agreement for 2022-2023 GovClarity December 7, 2022

• Scanned documents - upload and linking of scanned documents to street segments, parcels, or regions on the map
• Staff training sessions provided by Digital Map Products, L.P.

The City initially contracted with Digital Map Products, L.P. in 2014 for the GovClarity digital application. The 2018 and subsequent agreements include an automatic annual renewal and 2% service charge increase per year unless the agreement is cancelled at least 60 days prior to the end of the term. Agreements prior to the 2020-2021 agreement were renewed annually under the City Manager’s contract authority; however, the service fee now exceeds $25,000 and, therefore, the processing of the annual agreement requires City Council approval.

Over the last several months, staff was working with the vendor to get a full understanding of the services provided as well as the terms of the contract. After reviewing these items, staff is ready to present this renewal agreement to the City Council for approval.

Analysis
The annual agreement amount increases by 2% per year under an automatic renewal, and the cost for these services for the 2022-2023 term is $26,113.67. The term of the agreement begins on October 1st every year for services provided through September 30th of the next calendar year. Continued access to map-based location data through GovClarity is critical to the function of the Community Development Department. This agreement complies with the purchasing policy in that bidding is not required for a professional and contractual service of specially trained and professional business. This service is a specialized information technology and geographic information system (GIS) product that will provide a continuation of GIS product specialization and staff will have access to the existing stored data, including but not limited to, documents and GIS map layers.

In addition, according to Digital Map Products, the annual increase of 2% for local government agencies is below typical industry standard increases of 5-6%. The annual 2% increase covers the increased costs of data licensed by and integrated into GovClarity every year. Staff will continue to evaluate the services provided prior to the next renewal agreement.

Staff recommends that the City Council approve the 2022-2023 agreement.

Fiscal Impact
The cost for the 2022-2023 GovClarity agreement is $26,113.67. Funding for the contract agreement is available in Fiscal Year 2022-2023 Community Development Department Contract Services Budget Account No. 101-7010-7077-8180-000.

Attachment: 2022-2023 Agreement with Digital Map Products, L.P. for GovClarity 17 - 2

ATTACHMENT
2022-2023 Agreement with Digital Map Products, L.P. for GovClarity 17 - 3
Order Form
6 Armstrong Road, 4th Floor, Shelton, CT 06484

DATE EXPIRES ON QUOTE NUMBER
8/3/2022 12:04 PM 10/15/2022 Q-20781

CONTACT INFORMATION

CLIENT LEGAL NAME DBA
{{*LegalEntityName }} {{LegalEntityDba }}

BILL TO ADDRESS SHIP TO ADDRESS
1414 Mission Street 1414 Mission Street
South Pasadena, CA 91030 South Pasadena, CA 91030

PRIMARY CONTACT PHONE EMAIL
Angelica FraustoLupo 6264037222 [email protected]

BILLING CONTACT PHONE EMAIL
Angelica FraustoLupo 6264037222 [email protected]

LIGHTBOX SALES
Mary Kane
[email protected]

PRODUCTS, SERVICES AND PRICING

COMMERCIAL TERMS
Commencement Date: 10/1/2022
End Date: 9/30/2023
Initial Term (months): 12
Payment Type: Check
Payment Term: Payable Upon Invoice

SUBSCRIPTIONS UNIT PRICE /
YEAR

QUANTITY BILLING PRICE
GovClarity Enterprise Edition - Enterprise USD 26,113.67 10.00 Annual USD 26,113.67 TOTAL: USD 26,113.67
Proprietary & Confidential Information

17 - 4
LIGHT B .; X
Order Form
6 Armstrong Road, 4th Floor, Shelton, CT 06484

DEFINITIONS
Annual Billing: The annual fee will be invoiced in full based on the contract execution date {{[]}} Client must check this Box if Client is a tax-exempt organization. If this Box is checked, Client must submit a copy of Client’s tax-exempt certificate to [email protected] or to LightBox, Accounts Receivable, 6 Armstrong Road, 4th Floor, Shelton, CT 06484. If such a certificate is not received by LightBox by the time of the first billing, sales tax will be charged even if such Box is checked.

TERMS
This Order Form is governed by and incorporates by reference the Master Services Agreement in effect as of the Commencement Date and located at https://www.lightboxre.com/ masterservicesagreement/
Capitalized terms not defined herein shall retain the meaning in the Master Services Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Order Form to be executed by their duly authorized officers or representatives, either by signature below or by electronic signature.

South Pasadena, City of
{{*Sig_es_:signer1:signature}}
(Authorized Signature)
{{N_es_:signer1:fullname}}
(Printed Name)
{{*Ttl1_es_:signer1:title}}
(Title)
{{Dte_es_:signer1:date}}
(Signature Date)
Digital Map Products, L.P.
{{*Sig_es_:signer2:signature}}
(Authorized Signature)
{{N_es_:signer2:fullname}}
(Printed Name)
{{*Ttl1_es_:signer2:title}}
(Title)
{{Dte_es_:signer2:date}}
(Signature Date)
Proprietary & Confidential Information

Attest:

By:_________________
Desiree Jimenez, Chief City
Clerk
________________
(Signature Date)
Approved as to form:

By:_________________
Andrew Jared, City Attorney
________________
(Signature Date)
17 - 5
LIGHT B .; X
□
1 Master Services Agreement
Last Revised: 8-1-2022
This Master Services Agreement governs the use of the Services (defined below) and Professional Services (defined below) and are an agreement between the client identified on the Order Form (“Client”) and LightBox Parent, L.P. or its Affiliate as set forth on the Order Form (“Provider”). This Master Services Agreement is part of the Order Form (defined below) and is incorporated into the Order Form as if fully set forth therein. This Master Services Agreement (as may be amended from time to time), together with any Order Form(s) and Additional Service Terms (defined below), form a binding agreement (the "Agreement") between Client and Provider.

1. Definitions and Interpretation.

1.1 Definitions. The following terms used in the Agreement have the meanings provided below, and other terms are defined in the body of this Master Services Agreement:
(a) “Additional Service Terms” means the applicable Service’s additional terms and descriptions which are available at https://www.lightboxre.com/additionaltermsofuse/ as updated from time to time. The Additional Service Terms are incorporated into the Agreement by reference.
(b) “Affiliate” means an entity owned by, controlling, controlled by, or under common control with, directly or indirectly, a party. For this purpose, one entity “controls” another entity if it has the power to direct the management and policies of the other entity (for example, through the ownership of voting securities or other equity interest, representation on its board of directors or other governing body, or by contract). (c) “Commencement Date” means the date set forth on the Order Form as the Commencement Date. (d) “Documentation” means any user guides, manuals, on-line help, software release notes, instructions, performance descriptions, design documents, test materials, operation guides, training materials and other materials and documentation provided by Provider in written or electronic format referring to or relating to the use of the Services.
(e) “Hosted Services” means any hosted software as-a-service platform provided by Provider to Client under the Agreement, as specified in an Order Form.
(f) “Input Data” means the data and other information and content provided by Client to Provider (including through the Services) for use in connection with the Services.
(g) “Order Form” means the order form, order and pricing form, purchase form or similar document for the Services (as it may be amended from time to time). The Order Form incorporates therein by reference this Master Services Agreement and the Additional Service Terms. By executing the Order Form, Client agrees to this Master Services Agreement and the Additional Service Terms.
(h) “Professional Services” means implementation services provided by Provider in connection with the Services as described more fully in a Statement of Work. Professional Services shall not include the Services. (i) “Provider Data” means certain data or information owned by Provider or any of its Affiliates or licensed to Provider or any of its Affiliates and to be provided as a Service or provided through any Services to Client.

Provider Data includes information portrayed or rendered in any manner, including without limitation maps, data, analysis, and images of any kind.
(j) “Services” means the Software, Hosted Services, Provider Data, and Documentation, together with any upgrades, modified versions, bug fixes or updates thereto as provided by Provider. 17 - 6
2 (k) “Software” means any software distributed by Provider to Client under the Agreement for use in connection with a Service, including any APIs, pixels, and applications (but excluding any hosted software used to provide the Hosted Services).
(l) “Statement of Work” means a document that describes certain Professional Services purchased by Client. Each Statement of Work shall incorporate this Master Services Agreement by reference. (m) “User” shall mean all persons who are authorized by Client to access and use the Services under Client’s account and on its behalf.

2. Term and Termination.

2.1 Term. The term of the Agreement shall commence on the Commencement Date and shall continue in full force for an initial period set out on the Order Form (the “Initial Term”), and will automatically renew thereafter for successive one year periods, unless a different period is set out on the Order Form (each a “Renewal Term” and collectively with the Initial Term, the “Term”) unless Client or Provider gives the other party written notice of termination at least thirty (30) days prior to the end of the Initial Term or the then-current Renewal Term. Any notice not delivered within such thirty (30) day period shall be null and void.

2.2 Termination for Non-Payment. Provider may terminate the Agreement immediately on written notice if Client fails to make any payment due under the Agreement within ten (10) days of the due date.

2.3 Termination for Cause. Provider or Client may terminate the Agreement with immediate effect by written notice to the other party if the other party:
(a) commits a material breach of any of the terms of the Agreement and (if such breach is remediable) fails to remedy that breach within thirty (30) days of that party being notified under this sub-clause of the breach, such notice to refer to the notifying party’s intent to terminate the Agreement unless the breach is remedied; or (b) enters any arrangement with its creditors or becomes subject to external administration or ceases to be able to pay its debts as and when they become due or ceases to carry on business.

2.4 Payment Obligations. If Provider terminates the Agreement pursuant to Section 2.2 or 2.3, all Fees (defined below) due by Client as of the effective date of termination shall be immediately due and payable.

2.5 Effect of Termination. Upon termination or expiration of the Agreement:
(a) All access and use rights of Client in and to the Services (including, for clarification Provider Data) under the Agreement shall immediately terminate.
(b) Client and all Users shall immediately cease using the Services (including, for clarification, Provider Data) and shall have no further right to access or use the Services. (c) Client must return, delete, or destroy all copies of any Provider Data or other data and information contained in or retrieved from the Services in the possession or control of Client or any of its Users; provided that Client shall not be obligated to delete or destroy (i) any information contained in any reports written by Client for any of its customers, or (ii) any information required for statutory or regulatory purposes (provided further that any information described in clauses (i) and (ii) shall remain subject to the provisions of the Agreement which survive termination). Client must certify in writing to Provider as to the return, deletion or destruction of such items. Such certification shall be signed by an authorized officer of Client and shall be provided to Provider within ten (10) days of the termination or expiration of the Agreement. (d) Client shall permanently erase all of Provider’s Confidential Information (defined below) from its computer systems and certify such erasure and in writing signed by an authorized representative of Client. Such certification shall be delivered to Provider within ten (10) days of the termination or expiration of the Agreement. (e) Provider shall have no obligation to preserve or maintain any Input Data or to deliver any Input Data to Client or any User.
17 - 7
3 2.6 Sections Surviving Termination. The provisions of Sections 1, 2.5, 2.6, 4.5, 4.6, 4.7, 4.8, 5 – 7, 10 – 15, 17 – 23 of this Master Services Agreement and obligations to pay Fees under the Agreement shall survive any termination or expiration of the Agreement.

3. Fees; Payment.

3.1 Fees. The fees for the Services and fees for Professional Services (“Fees”) are calculated and set forth in the Order Form and the Statement of Work (but are subject to adjustment pursuant to the terms of the Agreement, including without limitation Section 3.4). Fees shall be due and payable in accordance with the billing schedule set forth on the Order Form or Statement of Work (and if no billing schedule is provided, Client will pay Fees as invoiced by Provider). Unless otherwise set forth on the Order Form or in a Statement of Work, all Fees and other payments pursuant to the Agreement (i) are due upon invoice; (ii) shall be paid via ACH to the bank account set forth on the invoice; and (iii) shall be in U.S. Dollars. All Fees shall be paid in full without any right of set-off or deduction. Provider may accept any payment without prejudice to its rights to recover the balance due or to pursue any right or remedy. No endorsement or similar statement on any payment shall be construed as an accord or satisfaction. All Fees are non-refundable except as set forth in Section 8.2.

3.2 Taxes. Fees do not include and may not be reduced to account for any taxes including any local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including sales, value-added, goods and services, use or withholding taxes (collectively, “Taxes”). Client is solely responsible for paying all Taxes which may be levied as a result of the Agreement and the transactions contemplated hereby (excluding taxes based on Provider’s net income or property) unless Client provides Provider with a valid tax exemption certificate authorized by the appropriate taxing authority.

3.3 Late Payments; Charges. If any Fees or other amounts payable by Client under the Agreement are not paid when due, Provider reserves the right (i) to charge a finance charge on the overdue amounts at a rate of 1.5% per month (compounded monthly to the extent allowable by law), until paid, and /or (ii) to suspend Client’s access to the Services.

Client shall reimburse Provider for all reasonable costs and expenses incident to the collection of overdue amounts, including without limitation collection agency fees and reasonable attorneys' fees.

3.4 Increases Following Initial Term or Renewal Term. Provider may increase or adjust the Fees for any Service or Professional Service, or the basis for calculating such Fees, after the Initial Term or any Renewal Term provided that Provider has given Client notice of such increase or adjustment at least sixty (60) days prior to the end of the Initial Term or Renewal Term; provided further that in the event Provider does not provide any such written notice, Provider reserves the right to increase the Fees after the Initial Term or after any Renewal Term by the greater of (i) 5% or (ii) the increase in the Consumer Price Index for All Urban Consumers (CPI-U); U.S. City Average; All items, not seasonally adjusted, 1982– 1984=100 reference base (as reported by the Bureau of Labor Statistics of the U.S. Department of Labor). Notwithstanding Section 22 below, such notice may be provided by email to Client.

4. Use.

4.1 Use. Subject to the terms and condition of the Agreement, Provider grants to Client during the Term a nonexclusive, non-transferable, non-sublicensable, right to access and use the Services as set forth in the Order Form, solely for the permitted use set forth on the Order Form, and if no permitted use is set forth on the Order Form, then solely for the internal business purposes of Client, in each case subject to the limitations herein and in the Additional Service Terms.

4.2 Restrictions. Without limiting Section 4.1, Client will not, and will not permit any third-party, including any User, to:
(i) use the Services except as expressly permitted in the Agreement; (ii) distribute, lease, sublicense, or otherwise disclose or give anyone else access to the Services; (iii) access or use the Services if Client is a direct or indirect competitor of Provider or any of its Affiliates, or provides any portion of the Services to any direct or indirect competitor of Provider or any of its Affiliates; (iv) use the Services in a manner that violates applicable law or any third party's privacy rights or intellectual property rights;
17 - 8
4 (v) use the Services for benchmarking purposes or to create a similar or competitive product or service to the Services (or any portion thereof) or to gather any information for a competitor or potential competitor of Provider or any of its Affiliates;
(vi) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Services by any means whatsoever (unless this restriction is not permitted under applicable law); (vii) in any way reproduce or circumvent the integration system, encryption methods, copy protections, navigational structure or presentation of the Services or the data contained therein; (viii) use, reproduce, transfer to, or combine in any way, the Services or any other data, material or any other information contained in, or provided in or through the Services, with any neural networks, machine learning system, artificial intelligence or other similar software techniques or systems whatsoever, whether now known or developed or devised following the Commencement Date;
(ix) create derivative works (including without limitation models or algorithms) from the Services (including any of the Provider Data and other data and information contained in or retrieved from the Services); (x) use the Services for knowledge transfer to enhance Client’s intellectual property; (xi) use the Services in any way that threatens the integrity, performance, or availability of the Services; (xii) attempt to gain unauthorized access to the Services or its related systems or networks; (xiii) permit direct or indirect access to or use of the Services in a way that circumvents contractual obligations or usage limits, or use the Services to access or use any Provider intellectual property except as permitted under the Agreement;
(xiv) use or combine the Services (including any Provider Data) with any other material or otherwise that may subject the Services (or any Provider Data) to any open source software, open content, open database, licenses or other resembling terms where such licenses or terms would (a) cause the disclosure or distribution of the Services or Provider Data (or any part thereof); (b) grant any licenses to any derivative works of any Services or Provider Data (or any part thereof); (c) cause redistribution of the Services or Provider Data (or any part thereof) at no charge, as a condition for use, modification or distribution of such other material; or (d) otherwise restrict or impact the licensing or other use of the Services or Provider Data (or any part thereof); (xv) attempt to access the Services through any means not intentionally made available or provided by Provider;
(xvi) use robotic mechanisms, web crawlers, spiders, search engines, artificial or software based searches or any other form of manual or automated data collection processes to access the Services or any of the data contained therein; or
(xvii) engage in data mining, screen scraping, copying, electronic extracting, downloading or compiling data or any other activity designed to obtain, re-use or reformat information contained within the Services.

4.3 Evaluation. If an Order Form indicates that the Services are to be used by Client for evaluation purposes, Client shall be granted a non-exclusive, non-transferable, non-sublicensable, right to access and use the Services solely for Client’s own non-production, internal evaluation purposes (an “Evaluation Use”). Each Evaluation Use shall be granted for an evaluation period of up to thirty (30) days from the date of delivery, plus any extensions granted by Provider in writing (the "Evaluation Period"). There is no fee for the Evaluation Use during the Evaluation Period. Notwithstanding anything otherwise set forth in the Agreement, Client understands and agrees that the Services for any Evaluation Use is provided “AS IS” and that Provider does not provide warranties for or in connection with any Evaluation Use.

4.4 Professional Services. Client and Provider may enter into Statements of Work that describe the specific Professional Services to be performed by Provider. Unless otherwise expressly set forth on the applicable Statement of Work, all right, title, and interest in and to all deliverables and content created or delivered under such Statement of Work 17 - 9
5 are the property of Provider, its third party suppliers or its Affiliates and no part thereof shall be considered a “work made for hire” or a work made in the course of employment. If applicable, while on Client premises for Professional Services, Provider personnel shall comply with reasonable Client rules and regulations regarding safety, security, and conduct made known to Provider. Provider warrants that the Professional Services will be performed in a good and workmanlike manner consistent with applicable industry standards. As Client’s sole and exclusive remedy and Provider’s entire liability for any breach of the foregoing warranty, Provider will, at its sole option and expense, promptly re-perform any Professional Services that fail to meet this limited warranty or refund to Client the fees paid for the non-conforming Professional Services.

4.5 Input Data. By submitting Input Data into the Services, Client represents and warrants that it exclusively owns such Input Data or has all rights necessary to grant all rights and licenses to the Input Data required for Provider and its Affiliates, subcontractors and service providers to access and use the Input Data in connection with the Services or otherwise permitted pursuant to the terms of the Agreement. Client represents and warrants that it will not transmit or expose to Provider any (i) protected health information (as that term is used in the Health Insurance Portability and Accountability Act of 1996 (HIPAA)) or (ii) cardholder data (as regulated by the Payment Card Industry Security Standards Council) as a part of using the Services. Client acknowledges and agrees that it shall be responsible in the event that any damage or loss of any kind results from Client's provision of Input Data. Without limiting the foregoing, Client shall defend, indemnify, and hold harmless Provider and its Affiliates and their respective partners, members, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys' fees), arising from or relating to Client's provision of the Input Data, including any claim that the Input Data or Provider's use thereof in accordance with the terms of the Agreement infringes, violates or misappropriates a third party's contractual rights, intellectual property rights or trade secret or violates any contract or obligation to which Client is bound.

4.6 Use of Input Data. Provider will use the Input Data to perform its obligations under the Agreement; provided that Client grants Provider and its Affiliates a perpetual, non-exclusive, royalty-free, license to use the Input Data in anonymized form (i) for Provider's and its Affiliates' internal business purposes (including without limitation consistent with business operations and product development); and (ii) to create, publish, sell, license, market, distribute and use derivative products ("Derivatives"). Any Input Data which has been anonymized by Provider or any of its Affiliates such that it is not identifiable shall not, after such anonymization, be considered Input Data or Client's Confidential Information, and Client shall have no further rights therein. Client will not claim any ownership interest in, or right to use any Derivative, nor will it contest Provider's or any of Provider's Affiliates' ownership interest in any Derivative. Client further agrees that (i) Provider or the applicable Provider Affiliate will maintain exclusive ownership and rights in each Derivative, and (ii) the Agreement will not be construed to vest in Client any rights with respect to any Derivative.

4.7 Feedback. In the event Client or any of its Users submit comments, feedback, suggestions or ideas about the Services, including without limitation about how to improve the Services or any other products or services of Provider or any of its Affiliates ("Feedback"), Provider and its Affiliates may use the Feedback without obligation to Client or any User, and Client and each User hereby irrevocably assigns to Provider and its Affiliates all right, title, and interest in such Feedback, including without limitation all intellectual property rights therein.

4.8 No Other Rights. As between Client and Provider, Provider shall own all right, title and interest (including all intellectual property rights and other proprietary rights embodied therein) in and to the Services and no part thereof shall be considered a “work made for hire” or a work made in the course of employment. The underlying structure, organization, and code of the Services (including the Provider Data) and of the products and services provided by Provider are the valuable trade secrets and Confidential Information of Provider, its third party suppliers and/or its Affiliates. Provider will own all rights in any copy, translation, modification, adaptation, or derivation of the Services. Client will obtain, at Provider’s request, the execution of any instrument that may be appropriate to assign these rights to Provider or perfect these rights in Provider’s name. Except for the rights expressly granted under the Agreement, Provider and its third party suppliers and its Affiliates retain all right, title, and interest in and to the Services, including without limitation all related intellectual property rights inherent therein. No rights are granted to Client other than as expressly set forth in the Agreement.

4.9 Modifications. Client agrees that Client’s use of the Services is not contingent on the delivery of any future functionality or content, nor dependent on any oral or written public comments made by Provider regarding future functionality or content. Client agrees that Provider may make changes to the Services over time for any reason, without limitation, and that Provider may not continue to provide or support older versions of the Services. Without limiting the foregoing, in order to, to comply with applicable laws, to respond to requests or demands of a government or regulatory 17 - 10
6 entity or concerning third party privacy or intellectual property rights or to mitigate an emergency or threat to Provider’s operations, Provider may change, discontinue, limit or remove functionality of certain Services at any time; provided that in such event, Provider will reasonably cooperate with Client to mitigate any material disruption to the Services. The sources from which Provider collects Provider Data and the information available from such sources may change from time to time.

As a result, items of Provider Data may change from time to time. In the event the Provider Data includes third party data and Provider’s agreement with such third party for such third party data is terminated, the Provider Data shall cease to include such third party data, and Provider shall not be deemed to be in breach of the Agreement, provided that Provider shall use commercially reasonable efforts to replace such terminated third party data with equally suitable, functionally equivalent, data.

4.10 Equipment. Client may access the Services utilizing any browser that meets the compatibility requirements established by Provider from time to time. Client shall, at its own expense, obtain, install, configure, and maintain any and all equipment necessary to access and use the Services. Client shall bear all risk and responsibility for ensuring the ongoing compatibility of access equipment with the Services.

4.11 Passwords. Any user name and password issued to a User for access to the Services is personal to the User and such User is obligated to keep the user name and password confidential and may not share the user name or password with any third party. Client shall immediately notify Provider if any third party gains or has the potential to gain access to any of Client’s passwords, and shall be fully responsible for any and all activities that occur under any password, whether conducted by a User, other employee or a third party. Client shall advise each User of Client’s obligations in the Agreement and, for purposes of the Agreement, all acts or omissions of Users shall be deemed to be acts or omissions of Client. Client shall be responsible for all activities of its Users relating to the Services, including without limitation any violation of the Agreement by its Users. Client shall safeguard and protect all profiles and passwords from disclosure or unauthorized use.

4.12 Application Programming Interface. Application Programming Interface (“API”) shall be defined as Provider’s application program interface which may include object code, software, libraries, software tools, sample source code, published specifications, documentation manuals, materials, and information appropriate or necessary for use in connection with the API. To the extent any API is used in connection with any Services, Provider grants to Client a non-sublicensable, non-transferable, non-exclusive, terminable, limited right to use the API solely to receive Provider Data from the Services and deliver Input Data to the Services. Without limiting anything herein, Client will not (i) make the API available for, or use the API for any purpose, industry, or beneficiary other than the as described in this Section 4.12, (ii) sell, resell, license, sublicense, distribute, rent, or lease any portion of the API, (iii) use the API to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the API or any server, network, computer, database, or other resource or element connected to or providing the API, (v) copy, process, extract, store, conduct load testing on, or place undue load on any part of the Services without Provider’s express written permission, (vi) access the API in order to build or enhance a competitive product or service, (vii) introduce into products or services of Provider of any of its Affiliates any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature, or (viii) use the API to conduct, or have conducted by a thirty party, security penetration testing without the prior written consent of Provider. No license is granted by Provider to any API directly, by implication, estoppel or otherwise, under any patent, copyright, trade secret or trademark or other intellectual property rights of Provider. Client agrees not to assert any patent rights related to the API or applications developed using the API against Provider, Provider's distributors, Provider’s customers, or other licensees of the API for making, using, selling, offering for sale, or importing any products or technology developed using the API.

4.13 Data Security. Provider has established and implemented an industry standard information security program regarding the protection of Input Data, including administrative, technical and physical security processes. Those safeguards will include, but will not be limited to measures designed to prevent unauthorized access to or disclosure of Input Data (other than by Client or its Users). Notwithstanding the foregoing, Client is responsible for maintaining appropriate security, protection, and backup of its hardware, software, systems, information, and Input Data. As Provider has no access to Client’s systems, Provider is not responsible for any unauthorized access to, alteration of, or the deletion, destruction, or loss of, or damage to, or failure to store or encrypt, any hardware, software, systems, information, or Input Data on such systems.

4.14 Third Party Services. The Services may enable Client to procure services, reports or products not provided by Provider or any of its Affiliates ("Third Party Services"). Such Third Party Services are provided directly to Client by third party service providers ("Third Party Providers”), are not part of the Services, and are subject to change by such Third Party Providers. The Services may also contain certain links to websites of Third Party Providers as well as functionality to transmit information or data to the Third Party Providers. Any exchange of data or other interaction between Client and a 17 - 11
7 Third Party Provider, and any purchase by Client of any product or service offered by a Third Party Provider (including any terms and conditions), is solely between Client and such Third Party Provider. Client shall pay all fees for the Third Party Services directly to the Third Party Provider. Provider provides access and links to the Third Party Provider, and transmits information and data to Third Party Provider, solely as a convenience to Client and not as an endorsement by Provider or nay of its Affiliates. Client’s use of such Third Party Services is solely at its own risk. Provider and its Affiliates are not responsible for and make no representations or warranties with respect to any Third Party Services, the actions of any Third Party Provider, or the handling of Client’s information or data.

4.15 Terms Required by Third Party Suppliers. Certain third party suppliers require Provider to flow down additional terms and attribution requirements to Client. These third party supplier terms are subject to change at such third party’s discretion and new third party providers are added from time to time. Such additional terms and attribution requirements are available at https://www.lightboxre.com/thirdpartyterms/. Client’s use of the Services constitutes Client’s agreement to be bound by these additional terms which are incorporated herein by reference.

5. Confidentiality. Each party agrees to keep confidential all Confidential Information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof, in the same way it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of Confidential Information). For purposes of the Agreement, “Confidential Information” means information that is not generally known to the public and at the time of disclosure is identified as or would reasonably be understood by the receiving party to be, proprietary or confidential. The Agreement shall be considered Confidential Information of Provider.

Confidential Information does not include information that: (i) is publicly available information or generally becomes available to the public without violation of any obligation of confidentiality or non-disclosure obligation; (ii) was already in possession of the receiving party prior to the Commencement Date; or (iii) was or is provided to the receiving party by others without violation of any confidentiality or non-disclosure obligation. Notwithstanding the foregoing, Client acknowledges and agrees that the Services constitute Confidential Information of Provider. Client further acknowledges and agrees that the unauthorized use, transfer, assignment, sublicensing, or disclosure of the Services, or copies of any portions thereof, will (i) substantially diminish the value the intellectual property in the Services, and (ii) render Provider’s remedy at law for such unauthorized use, disclosure, or transfer inadequate. If Client or any User breaches any of Client’s obligations with respect to the use or confidentiality of the Services, or any copies of portions thereof, Provider shall be entitled to equitable relief to protect its interests therein, including without limitation, preliminary and permanent injunctive relief.

6. Limitation of Liability. IN NO EVENT SHALL PROVIDER OR ITS SUBSIDIARIES, AFFILIATES OR

THIRD PARTY SUPPLIERS BE LIABLE TO CLIENT FOR ANY INCIDENTAL, INDIRECT, SPECIAL,

CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING BUT NOT LIMITED TO LOSS

OF PROFITS, LOSS OF USE, OR LOSS OF DATA), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE

AGREEMENT, THE SERVICES, PROFESSIONAL SERVICES OR ANY OF THE PROVIDER DATA OR OTHER

DATA AND INFORMATION CONTAINED IN OR RETRIEVED FROM THE SERVICES, EVEN IF PROVIDER OR

ITS SUBSIDIARIES, AFFILIATES OR THIRD PARTY SUPPLIERS HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER’S ENTIRE LIABILITY AND CLIENT’S EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIMS ARISING UNDER OR IN

CONNECTION WITH THE AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN

CONTRACT OR IN TORT (INCLUDING WITHOUT LIMITATION, BREACH OF WARRANTY AND NEGLIGENCE CLAIMS) SHALL BE LIMITED TO CLIENT’S ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE AMOUNTS

ACTUALLY PAID BY CLIENT UNDER THE AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE MONTH IN WHICH THE CAUSE OF ACTION AROSE.

7. Disclaimer of Warranties. THE SERVICES (INCLUDING THE PROVIDER DATA AND THE DOCUMENTATION) ARE PROVIDED AND LICENSED "AS IS," “AS AVAILABLE” AND PROVIDER AND ITS

SUBSIDIARIES, AFFILIATES AND THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, OF ANY KIND

OR NATURE, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THE AGREEMENT, THE SERVICES,

THE PROFESSIONAL SERVICES OR ANY OF THE PROVIDER DATA OR OTHER DATA AND INFORMATION

CONTAINED IN OR RETRIEVED FROM THE SERVICES AND THE MEDIUM ON WHICH THEY ARE PROVIDED

TO CLIENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING ACCURACY, QUALITY,

CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, SUITABILITY, MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION, OR OTHERWISE (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF THE SERVICES, THE

PROFESSIONAL SERVICES OR ANY OF THE PROVIDER DATA OR OTHER DATA AND INFORMATION 17 - 12
8 CONTAINED IN OR RETRIEVED FROM THE SERVICES OR THE MEDIUM ON WHICH THEY ARE PROVIDED TO CLIENT, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES. NEITHER

PROVIDER NOR ANY OF ITS SUBSIDIARIES, AFFILIATES OR THIRD-PARTY SUPPLIERS REPRESENTS OR

WARRANTS THAT THE SERVICES, THE PROFESSIONAL SERVICES OR ANY OF THE PROVIDER DATA OR

OTHER DATA AND INFORMATION CONTAINED IN OR RETRIEVED FROM THE SERVICES ARE COMPLETE OR FREE FROM ERROR. PROVIDER, ITS SUBSIDIARIES, AFFILIATES AND ITS THIRD-PARTY SUPPLIERS

EXPRESSLY DISCLAIM AND DO NOT ASSUME ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR

DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE PROVIDER DATA OR OTHER DATA AND

INFORMATION CONTAINED IN OR RETRIEVED FROM THE SERVICES, REGARDLESS OF WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE. PROVIDER DOES

NOT GIVE ANY WARRANTY THAT ACCESS TO AND OPERATION OF THE SERVICES WILL BE ERROR-FREE OR WITHOUT INTERRUPTION. THE PARTIES ACKNOWLEDGE AND AGREE THAT THERE ARE CERTAIN RISKS INHERENT TO THEIR ENGAGEMENT HEREUNDER, AND THAT CLIENT’S USE OF AND PROVIDER’S

PROVISION OF, THE SERVICES OR THE PROFESSIONAL SERVICES MAY NOT RESULT IN ANY SPECIFIED RESULT. THE PARTIES ACKNOWLEDGE AND AGREE THAT INFORMATION PROVIDED VIA THE SERVICES,

IS INTENDED TO BE INFORMATIVE, AND SHOULD NOT BE CONSTRUED AS ADVICE OR RECOMMENDATIONS. ACCORDINGLY, PROVIDER (ON BEHALF OF ITSELF AND ITS THIRD-PARTY

SUPPLIERS) HEREBY DISCLAIMS, AND CLIENT HEREBY EXPRESSLY RELIEVES PROVIDER FROM, ANY

CLAIMS, DAMAGES, COSTS, OR LIABILITIES THAT MAY ARISE FROM OR RELATE TO ANY ACTS OR

OMISSIONS MADE BY CLIENT BASED IN WHOLE OR IN PART BASED ON ANY INFORMATION PROVIDED VIA THE SERVICES. NEITHER PROVIDER NOR ANY OF ITS AFFILIATES IS A FIDUCIARY, DEALER,

BROKER, OR INVESTMENT ADVISOR

THE SERVICES MAY INCLUDE OR EMPLOY MODELS, AND CLIENT AGREES THAT THE MODELS ARE

BASED UPON CERTAIN ASSUMPTIONS AND METHODOLOGIES (WHICH ASSUMPTIONS AND

METHODOLOGIES MAY BE CHANGED BY PROVIDER FROM TIME TO TIME WITHOUT ANY NOTICE), AND

THAT THERE MAY BE ERRORS OR DEFECTS IN SUCH ASSUMPTIONS OR METHODOLOGIES THAT MAY CAUSE SUCH MODELS OR ANY OUTPUT THEREFROM TO BE INAPPROPRIATE FOR USE. CLIENT HOLDS PROVIDER COMPLETELY HARMLESS FOR ANY SUCH ERRORS OR DEFECTS.

ANY ANALYSES, OPINIONS, ESTIMATES, RATINGS OR RISK CODES PROVIDED BY PROVIDER OR

THROUGH THE SERVICES ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY, AND ARE NOT INTENDED

TO PROVIDE, NOR SHOULD THEY BE INTERPRETED AS PROVIDING, ANY FACTS REGARDING, OR PREDICTION OR FORECAST OF, ANY PARTICULAR EVENT OR RISK.

No employee, agent, or other representative of Provider or any of its subsidiaries or Affiliates has any authority to bind Provider with respect to any statement, representation, warranty, or other expression not specifically set forth in the Agreement.

8. Indemnification.

8.1 Provider Indemnification. Subject to the terms of the Agreement, and provided that Client is not in unremedied default under the Agreement, Provider will defend and indemnify Client against any claim by a third party that Client’s use of the Services in accordance with the Agreement constitutes infringement of that party’s U.S. patent, copyright or other intellectual property right issued and existing as of the Commencement Date, and will pay the amount of any resulting adverse final judgment issued by a court of competent jurisdiction or of any settlement that Provider pre-approves in writing, including reasonable attorneys’ fees, provided that Client promptly notifies Provider in writing of any such claim, gives Provider reasonable cooperation, information, and assistance in connection with such claim, and consents to Provider’s sole control and authority with respect to the defense, settlement or compromise of the claim. Provider will not be obligated under this section to the extent the infringement results from: (i) a combination of the Services with devices or products not provided by Provider; (ii) use of the Services in applications, business environments or processes for which they were not designed or contemplated; (iii) modifications that Client makes to the Services; or (iv) use of the Services not in accordance with the Agreement and Client shall indemnify and hold harmless Provider and its Affiliates and their respective officers, directors, employees, agents, successors and assigns against any damages, losses, and expenses (including reasonable attorneys’ fees) arising from any third-party action to the extent based upon a claim of any kind based on any of the foregoing factors in (i) through (iv) (inclusive) above. This Section 8 states Provider’s sole obligations, and Client’s sole remedies, in connection with intellectual property infringement claims. 17 - 13
9 8.2 Election of Remedy. If Provider reasonably believes the Services is or may be subject to an infringement claim, or if a court of competent jurisdiction enjoins Client’s use of the Services as a result of an infringement claim, Provider may, at its expense and discretion: (i) procure for Client the right to continue using the Services; (ii) modify the Services to make it non-infringing; or (iii) replace the Services with a non-infringing functional equivalent. If none of these options is reasonably available, Provider may terminate Client’s access and use of the allegedly infringing Services and refund to Client the fees paid for the Services, adjusted from the effective date of such termination for that portion of the fees attributable to the remaining portion of the Term.

9. U.S. Government Restricted Rights. If Client is the U.S. Government or an agency thereof, Client (i) with respect to civilian agencies, shall grant protection for the Services as “commercial computer software” and related documentation in accordance with the terms of 48 C.F.R. 12.212 of the Federal Acquisition Regulations; and (ii) for use by or on behalf of the Department of Defense, shall grant protection for any Services as “commercial computer software” and related documentation in accordance with the terms of 48 C.F.R. 227.7202-1 of the DoD FAR Supplement. This Section is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data.

10. Export Law Assurances. Client understands that the Services are or may be subject to export control laws and regulations. CLIENT MAY NOT DOWNLOAD OR OTHERWISE EXPORT OR RE-EXPORT THE SERVICES OR ANY

TECHNICAL OR OTHER DATA PROVIDED IN CONNECTION THEREWITH OR ANY UNDERLYING

INFORMATION OR TECHNOLOGY EXCEPT IN FULL COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, IN PARTICULAR, BUT WITHOUT LIMITATION, UNITED STATES EXPORT CONTROL LAWS.

NONE OF THE SERVICES OR ANY UNDERLYING INFORMATION OR TECHNOLOGY MAY BE DOWNLOADED OR OTHERWISE EXPORTED OR RE-EXPORTED: (A) INTO (OR TO A NATIONAL OR RESIDENT OF) ANY COUNTRY TO WHICH THE UNITED STATES HAS EMBARGOED GOODS; OR (B) TO ANYONE ON THE U.S.

TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT'S LIST OF PROHIBITED COUNTRIES OR DEBARRED OR DENIED PERSONS OR ENTITIES.

CLIENT HEREBY AGREES TO THE FOREGOING AND REPRESENTS AND WARRANTS THAT CLIENT IS NOT

LOCATED IN, UNDER CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY OR ON ANY SUCH LIST.

11. Information; Audit and Certification. Client shall keep complete and accurate records and accounts pertaining to its compliance with its obligations under the Agreement. Upon Provider’s written request, Client shall provide Provider (i) reasonable information relating to the usage and distribution of the Services (including any Provider Data) and (ii) a written certification of a duly authorized officer of Client that Client is in compliance with the material terms of the Agreement (including without limitation any terms relating to limitations on the usage and distribution of the Service (including any Provider Data)). Additionally, Provider (and Provider’s representatives and third-party suppliers of data included in the Provider Data), on reasonable prior notice, during the Term and for the one (1) year period following the termination or expiration of the Agreement may periodically examine, inspect and audit Client’s systems and records with respect to matters covered by the Agreement including without limitation, in order to verify Client’s compliance with Sections 2.5, 3, 4.1 and 4.2.

12. Provision of Services / Assignment. To the extent that the Services or any portion thereof to be provided under the Agreement are owned by or licensed to, any Affiliate of Provider, Provider will cause such Affiliate to provide such Services or portion thereof to Client. Additionally, Provider may cause certain of its Affiliates to perform all or some of the services to be performed under the Agreement (including without limitation the Professional Services). Notwithstanding the foregoing, Provider shall be solely responsible the Services or such other services (including without limitation the Professional Services), and Client’s sole recourse with respect to the Services or such other services (including without limitation the Professional Services) shall be against Provider, subject to, and in accordance with the terms, provisions and limitations set forth herein. Client shall not be permitted to assign or delegate any rights or obligations under the Agreement. Any transfer of a majority of the stock, membership interests, partnership interests or other evidence of ownership of Client shall be deemed to be an assignment of the Agreement. Provider may assign the Agreement or assign or delegate any of its rights, duties, or obligations under the Agreement to any Affiliate of Provider without notice to Client.

In addition, Provider may assign the Agreement to any third party in the event of merger, reorganization, sale of all or substantially all of Provider’s assets, change of control or operation of law. The Agreement shall be binding on and shall inure to the benefit of the parties hereto, and their successors and permitted assigns.

13. Governing Law; Jurisdiction. This paragraph shall apply if Provider is any party other than DMTI Spatial ULC. The Agreement and the rights and obligations of the parties under the Agreement shall be exclusively governed by 17 - 14
10 and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Client agrees that the exclusive venue and jurisdiction for any controversy, dispute or claim arising out of or relating to the Agreement shall be the federal and state courts located in the State of Delaware. Client submits to the exclusive venue and jurisdiction of such courts, agrees that it will not bring any suit or judicial proceeding in any forum other than such courts, and agrees not to assert any objection that it may have to the venue or jurisdiction of such courts. In the event Provider employs attorneys to enforce any right arising out of or relating to the Agreement, Client shall reimburse Provider its reasonable attorneys’ fees and costs.

This paragraph shall apply only in the event that Provider is DMTI Spatial ULC. The Agreement and the rights and obligations of the parties under the Agreement shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to principles of conflict of law that would impose a law of another jurisdiction. Client irrevocably and unconditionally attorns to the exclusive jurisdiction of the courts of the province of Ontario, and where applicable, including the Federal Court of Canada, and all courts competent to hear appeals therefrom, and Client explicitly waives any jurisdictional or venue defenses. In the event Provider employs attorneys to enforce any right arising out of or relating to the Agreement, Client shall reimburse Provider its reasonable attorneys’ fees and costs.

14. Headings Not Controlling. Headings used in this Master Services Agreement are for convenience only and shall not be considered in construing or interpreting this Master Services Agreement.

15. Severability. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement to the extent necessary to comply with law.

16. Force Majeure. Neither party will incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of the Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of such party. Such events, occurrences, or causes will include, acts of God, epidemic, pandemic, government order, strikes, lockouts, riots, acts of war, earthquake, fire and explosions, but the inability to meet financial obligations is expressly excluded.

17. Independent Contractor. The relationship between Client and Provider is solely contractual and not in the nature of an employer/employee, partnership, joint venture, or general agency. Neither party may speak nor act on behalf of the other, nor legally commit the other.

18. Entire Agreement. The Agreement constitutes the sole and entire agreement between Client and Provider regarding the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter herein. The United Nations Convention for the International Sale of Goods is expressly excluded. No purchase order or similar document issued by Client shall be binding on Provider.

19. Amendments; Waiver. The Agreement may not be altered, amended or modified except by a written amendment signed by Provider and Client. No waiver of any condition, term or provision of the Agreement shall be deemed to be a waiver of any preceding or succeeding breach of such condition, term or provision or of any condition, term or provision hereof.

20. Publicity. Neither party may use the other party's name, logo or marks without such other party's written preapproval; provided that Provider and its Affiliates may: (i) after the Commencement Date, issue one (1) or more press releases or similar materials announcing that Client is a customer and user of the Services; (ii) use Client’s name, logo and/or marks on Provider’s or its Affiliates’ customer lists, websites, and other marketing materials subject to any standard trademark usage guidelines that Client expressly provides to Provider; and (iii) develop use cases based on Client's use of the Services with respect to which Client will provide all reasonable cooperation requested by Provider.

21. Advice of Legal Counsel. Each party acknowledges and represents that, in executing the Agreement, it has had the opportunity to seek advice as to its legal rights from legal counsel and that the person signing on its behalf has read and understood all the terms and provisions of the Agreement. The Agreement shall not be construed against any party by reason of the drafting or preparation thereof.

22. Notices. All notices, requests, demands, claims and other communications under the Agreement shall be in writing. 17 - 15
11 Any notice, request, demand, claim or other communication under the Agreement shall be deemed duly delivered four (4) business days after it is sent by registered or certified mail, return receipt requested, postage prepaid, or one (1) business day after it is sent for next business day delivery via a reputable international courier service, in each case to the intended recipient as follows:
(i) if to Provider, to 5201 California Avenue, Suite 200, Irvine, CA 92617: Attention: Contracts (ii) if to Client, to the address set forth on the Order Form.

A party may change the address to which notices, requests, demands, claims and other communications under the Agreement are to be delivered by giving the other party notice in the manner set forth herein.

23. Order of Precedence. If there is a conflict or inconsistency between the terms of this Master Services Agreement, the Additional Service Terms and the Order Form or Statement of Work, the order of precedence shall be as follows: (a) this Master Services Agreement and then (b) the Additional Service Terms, and then (c) the Order Form or Statement of Work.

Notwithstanding the foregoing, a term of the Order Form or Statement of Work may control and take precedence over this Master Services Agreement and the Additional Service Terms if a term of the Order Form or Statement of Work specifically provides that it will control and take precedence, and recites the specific Section of this Master Services Agreement or Additional Service Terms being modified or superseded, in which case such term shall control and take precedence with respect to such Order Form or Statement of Work only. [END OF MASTER SERVICES AGREEMENT]
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City Council
Agenda Report
DATE: December 7, 2022
FROM: Armine Chaparyan, City Manager�
PREPARED BY: Sheila Pautsch, Community Services Director ITEM NO. 18
SUBJECT: Authorize the City Manager to Execute a Contract Amendment for the Professional Services Agreement with Catalyst
Consulting for a Community Services Department Assessment Recommendation
It is recommended that the City Council authorize the City Manager to execute the first amendment for the professional services agreement with Catalyst Consulting - Recreation Services for the Community Services Department Assessment for additional analysis in the amount of $5,850 for a total not-to-exceed amount of $30,150 and extend the contract until March 31, 2023.

Background
On July 13, 2022, the City Manager approved a professional services agreement with Catalyst Consulting (Consultant) for a Community Services Department (Department) Assessment (Department Assessment) in the amount of $24,300. The City Manager is conducting operational assessments of all City departments to include a review of staffing, operations, resources, policy review, and general feedback. An expanded scope of services is needed to review Department policies and procedures, and to accommodate additional City Council interviews and final presentations, which expanded the workload. With this approval, the contract will be extended until March 31, 2023.

Analysis
In addition to the original scope of work, additional interviews and presentations were requested with the City Council, and a review of various Department policies and procedures calls for thirty-nine (39) additional hours that are needed to complete these tasks:

1. Conduct five additional interviews and present the final Department Assessment Report to the City Council - 19 additional hours.

2. Review, compare, and update the following policies and procedures, and recommend suggested changes to bring them to "Best Practices" within the Recreation Profession - 20 hours.
18 - 1
- I
First Amendment to the Contract to the Catalyst Consulting Agreement December 7, 2022

3. Adjust the project deadline date from December 31, 2022 to March 31, 2023.

Upon completion of the assessment, the consultant will make a presentation to the City Manager and City Council, and provide a written report of findings and suggestions.

This final phase is expected to be completed in Spring 2023.

Fiscal Impact
This professional services agreement is budgeted for Fiscal Year (FY) 21/22 and carried over to FY 22/23. The additional $5,850 will be allocated from existing funds in the Community Services Account No. 101-8030-8031-8180 to complete the Department Assessment.

Attachment: First Amendment of the Catalyst Consulting – Recreation Services Agreement
18 - 2

ATTACHMENT
First Amendment of the Catalyst Consulting –
Recreation Services Agreement
18 - 3

FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES WITH CATALYST CONSULTING
– RECREATION SERVICES
This First Amendment to the Catalyst Consulting – Recreation Services Agreement (hereinafter “First Amendment”) is made as of the 16th day of November 2022 (the "Execution Date") by and between The City of South Pasadena, California (hereinafter referred to as "City") and Catalyst Consulting –Recreation Service (hereinafter referred to as "Consultant") to amend the terms of the Agreement.

WITNESSETH:

WHEREAS, on or about July 13, 2022, the City Manager execute a contract with Catalyst Consulting – Recreation Services, for consultant services for a Department Assessment for the Community Services Department;
WHEREAS, the Terms of the Agreements expire on December 31, 2022; WHEREAS, the City and Consultant desire to amend the Scope of Services to incorporate four additional interviews and presentation of the final report to the City Council, review, compare, and update department policies and procedures, add hourly compensation and extend the contract term.

NOW, THEREFORE, THE CITY AND THE CONSULTANT AGREE AS
FOLLOWS:

1. PARAGRAPH 3.1 “Scope of Services” is amended by adding the following sentences to include additional work to the existing scope of services: a)“Consultant shall also conduct five (5) additional interviews and present the Final Community Services Department Assessment Report to the City Council for a total of 19 additional hours.” b)“Consultant shall also review, compare, and update the following policies and procedures, and recommend suggested changes to bring them to “Best Practices” within the Recreation Profession for a total of 20 hours.”

2. PARAGRAGH 3.4 “Maximum Amount” is amended to read as follows: “The highest total compensation and cost payable to Consultant by the City under this agreement.

The Maximum Amount under this Agreement is Thirty Thousand, one hundred fifty dollars ($30,150).”

3. PARAGRAPH 3.6 “Termination Date” is amended to read as follows: “March 31, 2023.”

4. PROVISIONS OF AGREEMENT. All other terms, conditions, and provisions of the Agreement to the extent not modified by this Amendment, shall remain in full force and effect.
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TO EFFECTUATE THIS AMENDMENT, the parties have caused their duly authorized representatives to execute this Amendment on the dates set forth below. “CITY”
City of South Pasadena
By: __________________
Name: Arminé Chaparyan
Title: City: Manager
Date: ________________

APPROVED AS TO
FORM:
___________________
Name: Andrew L. Jared
Title: City Attorney
Date: _______________
ATTEST:
____________________
Desiree Jimenez, CMC
Title: Chief City Clerk
Date: _______________
“CONSULTANT”
Catalyst Consulting –
Recreation Services
By: __________________
Name: John Jones
Title: President
Date: _________________
18 - 5
DATE:

City Council
Agenda Report
December 7, 2022
ITEM NO. 19
FROM: Armine Chaparyan, City Manager�
PREPARED BY: Cathy Billings, Library Director
SUBJECT:

Recommendation
Ken Louie, Interim Deputy City Manager - Finance
Receive and File an Annual Report for the Fiscal Year 2021- 2022 Library Special Tax
It is recommended that the City Council receive and file a report on the Fiscal Year 2021-2022 Library Special Tax, per the requirements of the State of California Local Agency Special Tax and Bond Accountability Act.

Background
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (Act). The Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075.1 or Section 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the Special Tax District, and others are handled through annual reports. The attached report intends to comply with Section 50075.3 of the California Government Code that states:
"The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1."
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Annual Report for the FY 2021-2022 Library Special Tax
December 7, 2022

The requirements of the Act apply to the Funds for the City of South Pasadena Library Special Tax.

Fiscal Impact
This staff report concerns an annual reporting requirement related to the Library Special Tax. The receipt and filing of this report by the City Council will have no fiscal impact.

Commission Review and Recommendation
The Library Board of Trustees was given an update on the reporting requirement at their meeting on November 10, 2022. The update was provided during Library Director Communications and no action was taken.

Attachment: Fiscal Year 2021-2022 Library Special Tax Report 19 - 2
ATTACHMENT 1
Fiscal Year 2021-2022 Library Special Tax
Report
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Fiscal Year 2021-2022 Library Special Tax Report
Prepared by:

NBS Government Finance Group
November 8, 2022
This report intends to comply with Section 50075.3 of the California Government Code, and applies to the Funds for the following:

City of South Pasadena
Library Special Tax
Purpose of Special Tax
The City of South Pasadena Library Special Tax was established to provide funds to the City of South Pasadena to finance the maintenance and operation costs of the South Pasadena Public Library.

The Service Projects funded by the Special Tax are ongoing on an annual basis.

Collections & Expenditures
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[1) Amou nt collllected during Fi1scal Year 2021/2.2, induding interest earn ed and transfers bet ween ·1.mds.
[2) The Total Sp ecial Tax Exp ended is representat ive of a por 1ion of 'he tot al amount exp ended frnm t he Geinera1I Fu ndl w it h re:sped to t he !Library Special Tax in Fiscal Year 2021-22. Th e ot al amount ex:pernded i rn Fiscal Year 2021-22 w as $ 1,839, 132.

DATE:

FROM:

PREPARED BY:

SUBJECT:

Recommendation
City Council
Agenda Report
December 7, 2022
Armine Chaparyan, City Manager �
Brian Solinsky, Chief of Police
Alison Wehrle, Management Analyst
ITEM NO. 20
Reinstatement of Conceal Carry Weapon Permit Fees and
Establishment of Recurring Appropriation of General Fund Reserves for Difference in Cost for Applicant Psychological Exam
It is recommended that the City Council:

1. Approve the recommended edits to the City's Fee schedule and establishment of the following fees: $317.16 Conceal Carry Weapon (CCW) application fee, $35.00 CCW permit clerical fee, $150.00 CCW psychological evaluation fee, $20.00 CCW amendment fee.

2. Approve an appropriation of $4,500 from General Fund Reserves to Special Department Expense Account 101-4010-4011-8020 for an estimated annual processing of 15 CCW permits within the City, in order to address the difference between cost and reimbursement of applicant psychological exams.

Background
In 2019, the South Pasadena Police Department (Police Department) entered into an agreement with the Los Angeles County Sheriff's Department to process and issue all Conceal Carry Weapon (CCW) permit applications. There was no cost associated with Sheriff's Department assuming CCW responsibilities. Prior to 2019, the Police Department processed all CCW applications, which included performing background checks on applicants. With an average of 1-2 applications per year, the impact on staff and any related fiscal concerns were minimal.

On June 23, 2022, the United States Supreme Court issued a ruling on New York State Rifle & Pistol Association, Inc. v. Bruen. The Courts held that the government may not limit a person's right to carry a handgun in public by conditioning that right on the government's discretion to issue a license. This opinion affects how CCW applications are processed, as the "good cause" requirement in California's concealed carry statute is now considered "likely" unconstitutional.

Prior to the ruling, the Sheriff's Department indicated they processed approximately 15 CCWs per year to South Pasadena residents. Since the Supreme Court's decision, the 20 - 1
Conceal Carry Weapon Permit Fees and Appropriation
December 7, 2022

Sheriff’s Department has informed the City that applications for CCWs have increased significantly across the county, and they can no longer provide processing services for South Pasadena and other jurisdictions. On August 1, 2022, the Sheriff’s Department officially ended the agreement for CCW processing.

When the Police Department previously processed CCW applications, the City’s Master Fee Schedule included the appropriate fees for the service. However, during the 2018- 2019 Fiscal Year, the fees were considered unnecessary and removed. As a result of the Court’s recent decision, the Police Department has received a number of inquiries and applications for CCWs. Due to this service returning in-house, and the cost related to it, the Police Department will need to recover costs associated with the reinstatement of the program, as well as return the CCW fees to the Master Fee Schedule.

Analysis
In order to move forward with the processing of CCW applications, staff is proposing an updated Master Fee Schedule for applicants as part of a re-established conceal carry process. Previously, the City’s Master Fee Schedule contained fees for initial CCW permits, renewed CCW permits, and amended CCW permits. With the return of the service in-house, staff is also looking to implement a permitting management module for the website called Permitium. The module comes highly recommended by several area agencies for streamlining the CCW process for law enforcement agencies of all sizes.

Permits for civilian applicants would be issued for a period of two years, judicial/judge applicants for three years, and reserve police officers and law enforcement custodial permits for four years.

A completed CCW application involves several different fees, including a standardized California Department of Justice (DOJ) fee, a Live Scan fingerprinting fee through the California DOJ, City application fees, a psychological evaluation fee, and firearms training and qualification fees. Some of the fees, such as the DOJ fees and fees for firearms training and qualification, would be paid directly to the DOJ or the business conducting the training. Additionally, a Police Department-conducted background investigation, an interview with the Chief of Police or designee, and a psychological evaluation would be required for all applicants.

Current State law, penal code 190, sets a maximum fee for psychological examinations at $150 for the applicant, irrespective of the total cost of the exam. The State penal code also indicates that CCW applicants must use the same psychological reviewer that Police Departments use to screen their own employees. The Police Department and other regional agencies often pay approximately $450 for each pre-employment screening conducted, leaving a difference of $300, which is likely to be the responsibility of the City. California law also currently dictates the length of time for which the permits may be issued. Standard civilian permits are limited to two years, judicial/judge permits are limited to three years, and reserve police officer and law enforcement custodial permits are limited to four years.
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Conceal Carry Weapon Permit Fees and Appropriation
December 7, 2022

Police Department staff has researched fees at neighboring agencies and was provided the following information from Pasadena Police Department (PPD) and San Marino Police Department (SMPD). PPD is proposing an application processing fee of $337.14, determined as three hours of top step officer rate to conduct a background check. Also proposed by PPD would be a Live Scan/DOJ fee of $93 for new applicants or $52 for renewals, $150 for a psychological examination as mandated by the state, and a $10 amendment fee for any edits. A new application would total $580.14, while a renewed application (no psychological exam) would total $389.14. Pasadena would bill 20% of the fee payable upon application, and 80% collected upon approval by the Chief of Police.

SMPD is proposing an application processing fee of $373.17 based on three hours of a top step detective to conduct a background check. Also proposed by SMPD would be a Live Scan/DOJ fee of $93 for new applicants or $52 for renewals, $150 for a psychological examination as mandated by the state, and a $20 clerical fee, and a $10 amendment fee for any edits. A new application would total $636.17, and a renewed application would total $445.17. San Marino would also bill 20% of the fee payable upon application acceptance, and 80% due upon permit issuance.

South Pasadena Police Department staff is proposing an application fee of $317.16 for an initial application based on three hours for an Office of Professional Standards (OPS) Sergeant to conduct a background check, $150 for a psychological evaluation, and a $35 clerical fee, totaling $502.16. Renewal applications without the psychological exam would total $352.16, as proposed. In both cases, the Police Department would require applicants to handle the Live Scan/DOJ fees and requirements separately, and any amendments to a CCW permit would be subject to a $20 fee per amendment. The following table details the proposed fees for City of South Pasadena applicants:

Proposed South Pasadena CCW Fees
Application Fee $317.16
Clerical Fee $35.00
Psychological Evaluation
Fee (not needed for
renewal) $150.00
CCW Amendment Fee
(as applicable) $20.00
Initial Application Total $502.16
Renewal Application Total
(no psychological exam) $352.16
20 - 3
Conceal Carry Weapon Permit Fees and Appropriation
December 7, 2022

It is estimated that the remaining fees for applicants within South Pasadena would be, $93 for Live Scan/DOJ fees ($52 for renewals), approximately $10 for passport-style ID photos, and approximately $400 for a firearms course and certification. The fees would be established for all applicants at the same pricing scale, but only the terms of the permits would vary by type of applicant.

Fiscal Impact
Staff recommends amendments to the City’s published Master Fee Schedule and establishment of the following fees: $317.16 Conceal Carry Weapon (CCW) application fee, $35 CCW permit clerical fee, $150 CCW psychological evaluation fee, and $20 CCW amendment fee. With approximately 15 permits processed annually, the annual value of incoming fees is estimated to be between $5,282.40 and $7,532.40, depending on the number of new applicants and renewal applicants. Staff also requests an appropriation of $4,500 from General Fund Reserves to Special Department Expense Account Number 101-4010-4011-8020 for an estimated annual processing of 15 CCW permits within the City in order to address the $300 difference between the cost and reimbursement of applicant psychological exams.

Commission Review and Recommendation
This matter was not reviewed by the Public Safety Commission. 20 - 4
City Council
Agenda Report
DATE: December 7, 2022
FROM: Armine Chaparyan, City Manager �
PREPARED BY: Luis Frausto, Management Services Director ITEM NO. 21
Belinda Varela, Human Resources and Risk Manager
SUBJECT: Approval of Transportation Program Manager Job Description Recommendation
It is recommended that the City Council approve the revised job classification for the Transportation Program Manager position.

Background
On September 7, 2022, the City Council approved the Transportation Program Manager job classification and salary and authorized the necessary appropriations. The job description (Attachment) that was attached to the staff report did not include language in the Working Conditions and Physical Demands sections of the job description, a scrivener's omission that must be addressed ahead of recruiting for the position.

Analysis
The Adopted 2022-2023 Fiscal Year Budget included the addition of new staff positions, which required additional City Council action to approve respective job descriptions and salary schedules before beginning recruitment efforts. Through the adopted Budget, a new management position was created in the Public Works Department (Department) for a Transportation Engineer, and this position was reclassified to a Transportation Program Manager by the City Council on September 7, 2022, per the needs of the Department and agency.

Upon further review of this job description, the City of South Pasadena (City) noted that two sections, Physical Demands and Working Conditions verbiage, of the previously approved job description said "N/A". Staff recommends revising the job description to include descriptive Physical Demands and Working Conditions verbiage. The City reviewed other Public Works job descriptions with similar types of job functions, working conditions, and physical demands to determine the appropriate language updates for these sections.

Upon the approval of this job description, the Human Resources team will begin recruitment efforts to fill the position with a qualified candidate as soon as possible. 21 - 1
-I
Transportation Program Manager
December 7, 2022

Fiscal Impact
This item has no fiscal impact as the City Council approved a reclassification to a Transportation Program Manager position and the necessary budget for this position at its meeting on September 7, 2022.

Attachment: Transportation Program Manager Job Description 21 - 2

ATTACHMENT
Transportation Program Manager Job Description
21 - 3
Exhibit A
Transportation Program Manager
(Full-time, Management Unrepresented)
Purpose
Under general direction from the Public Works Director, to manage and direct the planning, implementation, and administration of various transportation planning, parking, transit, funding programs, and projects; analyze and prepare policy recommendations on complex transportation matters; and perform related duties as required.

Distinguishing Characteristics
This position is classified as Management At-Will and is responsible for overseeing city wide efforts across all City departments, and acts as a liaison to the community and various stakeholder and providers groups.

Examples of Duties and Essential Functions
• Plans, administers, and directs the City's transportation planning, parking, transit, and funding programs;
• Provides assistance to Community Development in the development and preparation of the General Plan;
• Provides long-range and short-range transportation planning policy, and directs specific transportation and transit capital projects and programs to implement the City's transportation objectives outlined in these plans and policy documents; • Confers with representatives of other City departments and other public agencies as needed;
• Oversees and manages the planning and administration of various transportation infrastructure and transit projects funded by local, regional, and federal transportation funds;
• Monitors compliance with federal, state, and local government in the area of transportation planning, transit program, and parking management administration;
• Develops the Capital Improvement Program (CIP) for transportation projects; • Manages mobility and transportation infrastructure operational projects and Capital Improvement Program (CIP) projects;
• Manages program and project budgets and recommends adjustments as required;
• Serves as the City's transportation liaison to local, state, and federal agencies and groups;
21 - 4
Exhibit A
Revised: 12/07/2022
• Conducts negotiations with cities and regional transit operators regarding coordination and duplication of transit services;
• Prepares complex reports and other written correspondence; • Develops and delivers presentations to boards, commissions, City Council, and the public; represents the City in all matters related to the City's transportation, transit, and parking programs;
• Oversees various contract transportation services; oversees all marketing, outreach, and other public information efforts related to transportation programs and projects;
• Directs the review of project and program environmental impact reports (EIR) and environmental review, transportation and parking studies, land use, and transportation plans, parking management programs, and transportation mitigation measures for effects and/or consistency with City transportation policy; • Supervises, trains, and evaluates employees; makes effective recommendations regarding hiring, promotions, and transfers;
• Effectively recommends disciplinary action as needed, up to and including termination; drives on City business.

Employment Standards
Education/Experience:

A Bachelor's degree from an accredited college or university in civil engineering, traffic/transportation engineering or electrical engineering, transportation, urban or regional planning, public policy, business administration or a related field. Five (5) years of progressively responsible experience in transportation or public works, public-sector management or a closely related field with a minimum of three (3) years at the supervisory level.

Knowledge of:

Principles and practices of transportation operations, planning and engineering, including project delivery, applicable design guidelines, industry standards, and multimodal planning practices. Principles and practices of contract administration and project management. Principles of personnel management, training and evaluation.

Budget development, implementation, and administration. Principles and practices of customer service and community engagement. Work place safety principles, practices and procedures. Computer systems and software applications.

Ability to:

Plan, organize, direct and coordinate a variety of transportation planning and engineering, project, program, maintenance, and operational activities to meet City needs. Supervise, train, coach and evaluate staff. Prepare clear and concise reports on topics of complex or technical nature, correspondence and other written materials. 21 - 5
Exhibit A
Revised: 12/07/2022
Interface effectively with other departments, elected officials, the public, and other agencies. Analyze complex technical and administrative problems, evaluate alternative solutions, and recommend or adopt effective courses of action. Develop and implement goals, objectives, policies, procedures, work standards and internal controls. Manage and coordinate multiple concurrent projects, programs or activities. Communicate effectively orally and in writing; make presentations to diverse audiences of various sizes; Prepare, implement, and administer budgets. Utilize a computer system and software applications. Establish and maintain effective working relationships in the performance of assigned duties.

Special Requirements:

Valid California Driver's License throughout the tenure of employment. Engineering licenses and certifications from professional organizations are highly desirable.

Physical Demands:

Work is regularly performed indoors in an office environment with frequent interruptions.

Office work requires sitting for prolonged periods of time and using a computer keyboard and screen. Physical demands include sitting, standing, reaching, carrying and walking. Work includes attending events and meetings at off-site locations.

Occasionally required to work evenings and/or weekends.

Work in an office and field environment; sustain posture in a standing, walking, or seated position for prolonged periods of time; travel to attend a variety of meetings. May be required to attend off-hour meetings and council meetings.

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.

Working Conditions
Employees generally work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may also work in a field environment and may be exposed to inclement weather conditions. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing department guidelines, policies, and procedures.

FLSA Status:

Exempt
21 - 6
City Council
Agenda Report
DATE:

FROM:

PREPARED BY:

ITEM NO. 22
SUBJECT:

December 7, 2022
Armine Chaparyan, City Manager k
H. Ted Gerber, Director of Public Works
Approval of a Professional Services Agreement with Carollo Engineers, Inc. to provide Sewer Consent Judgment Related Reports
Recommendation
It is recommended that the City Council:
1 . Authorize the City Manager to enter into a Professional Services Agreement with Carollo Engineers, Inc. (Consultant) to assist the City in submitting required reports to the Los Angeles Regional Water Quality Control Board (RWQCB) Enforcement Unit to comply with an existing Consent Judgment. The Professional Services Agreement is in the amount of Sixty-Six Thousand Dollars ($66,000), including $59,968 for the proposed work, and $6,032 (approximately 10%) as a contingency;

2. Authorize an appropriation of $66,000 from the Sewer Reserves Fund 210 to Public Works Sewer Maintenance Professional Services Expenditure Account No. 210-6010-6501-8170-000 for this work; and

3. Authorize the City Manager to execute all related documents on behalf of the City.

Background
The City has specific requirements related to sewer maintenance and operations that must be completed under a 2011 Consent Judgment (Exhibit C of the Attachment).

These requirements include sewer repair work at specific locations, submittal of quarterly reports, implementation of an asset management software program, a flow and capacity study, video analysis of the sewer system and related quarterly reports, a Fats, Oils, and Grease (FOG) Control Program, frequent inspection of locations with historic performance issues (hot spots), and staff training.

The City undertook a comprehensive sewer infrastructure improvement program to implement the requirements of the Consent Judgment. The Los Angeles RWQCB Enforcement Unit has made inquiries to the City regarding the status of the work related to the Consent Judgment. In 2019, a Project Completion Report was submitted to the RWQCB, however, the 2019 report did not include a list or description of all the projects listed in the Consent Judgment that have been completed. Specifically, the RWQCB is requesting additional information to resolve discrepancies between the Consent 22 - 1
Contract with Carollo Engineers to provide Sewer Consent Judgment Related Reports December 7, 2022

Judgment and the completed sewer rehabilitation work documented in the 2019 Project Completion Report, the completed video inspection work, and the completed staff inspections and staff training. In addition, the RWQCB is requesting a resolution on the lack of submitted quarterly required reports since 2017.

Analysis
Compliance with the Consent Judgment is overseen by the Director of Public Works.

The current Director has made this project a priority since taking the position earlier this year. However, staffing levels have not allowed for this to be accomplished with the current personnel. Staff is seeking assistance from a professional consultant to develop several reports that detail the City’s actions and findings related to the Consent Judgment requirements.

Carollo Engineers, Inc. (Carollo) has become familiar with the City’s sewer system as part of developing the City’s One Water 2050 Plan, a 30-year master planning effort for the City’s water, sewer, and stormwater systems. Carollo has also developed the City’s Sewer System Management Plan (SSMP), recently adopted at the November 16, 2022 City Council Regular Meeting. Carollo has thorough knowledge and familiarity with the City’s sewer system and processes, and is therefore the best vendor to complete this critical work.

The Professional Services Agreement (Attachment) includes three tasks related to requirements in the Consent Judgment. These tasks include the completion of a Supplemental Project Completion Report, a Flow and Capacity Study, and a Report on Subsequent Video Analysis covering multiple quarters from 2018 through 2022.

Fiscal Impact
Staff is recommending an appropriation of $66,000 from the Sewer Fund Reserves to the Public Works Sewer Maintenance Professional Services Expenditure Account No. 210-6010-6501-8170-000 for this work.

Environmental Analysis
This item is related to the development of reports to comply with a State mandated Consent Judgment for the City’s existing sanitary sewer system. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15308, Class 8, “Actions by Regulatory Agencies for Protection of the Environment,” this action is exempt from further review under CEQA. The development and implementation of the plan is a requirement of the California State Water Resources Control Board, and is exempt from the CEQA (Public Resources Code §21000 et seq.) because it is an action pursuant to a regulatory requirement to assure the protection of the environment. Furthermore, the Plan applies to the City’s existing sanitary sewer collection system, where there is no expansion of use in this reporting action, and is therefore exempt from the 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."
22 - 2
Contract with Carollo Engineers to provide Sewer Consent Judgment Related Reports December 7, 2022

Public Notification of Agenda Item
The public was made aware that this item was to be considered this evening by virtue of its inclusion on the legally publicly noticed agenda, posting of the same agenda and reports on the City’s website.

Attachment
Draft Professional Services Agreement and Exhibits
22 - 3

ATTACHMENT
Draft Professional Services Agreement
22 - 4
Professional Services Agreement – Consultant Services

Approved For Use 11/15/16

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of South Pasadena / Carollo Engineers, Inc.)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of South Pasadena, a California municipal corporation (“City”), and Carollo Engineers, Inc. (“Consultant”).

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: Development of Reports Related to a Sewer Consent Judgement.

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1. “Scope of Services”: see Exhibit A

3.2. “Agreement Administrator”: The Agreement Administrator for this project is H. Ted Gerber, Public Works Director. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant

3.3. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This 22 - 5
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Approved For Use 11/15/16
fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.4. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is SixtySix Thousand Dollars ($66,000), including $59,968 for the proposed work, and $6,032 (approximately 10%) as a contingency.

3.5. “Commencement Date”: December 8, 2022.

3.6. “Termination Date”: Until determined to be complete by the City of South Pasadena Public Works Director.

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S DUTIES

5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

5.5. Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal 22 - 6
Professional Services Agreement – Consultant Services

Approved For Use 11/15/16
laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.

5.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Matt Huang, Associate Vice President / Project Manager shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

5.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

5.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall 22 - 7
Professional Services Agreement – Consultant Services

Approved For Use 11/15/16
be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

6. SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed in the Scope of Work, Exhibit A, and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

6.4. Compensation for Subcontractors. City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

7. COMPENSATION

7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes. 22 - 8
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7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Consultant shall defend, indemnify, and hold the City, tis elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products” herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

10. RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not 22 - 9
Professional Services Agreement – Consultant Services

Approved For Use 11/15/16
represent that it is, or that any of its agents or employees are, in any manner employees of City.

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. INDEMNIFICATION

11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officers, agents, employees and volunteers.

11.2 Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to comply with any provision in this Agreement.

11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City.

11.4 Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent. 22 - 10
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11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act.

Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

12. INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same.

Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
 Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: Development of Reports Related to a Sewer Consent Judgement
 Documentation of Best’s rating acceptable to the City.  Original endorsements effecting coverage for all policies required by this Agreement.
 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.
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Professional Services Agreement – Consultant Services

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12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
 Professional Liability Insurance: $2,000,000 per occurrence, $2,000,000 aggregate
 General Liability:
 General Aggregate: $2,000,000
 Products Comp/Op Aggregate $2,000,000
 Personal & Advertising Injury $2,000,000
 Each Occurrence $2,000,000
 Fire Damage (any one fire) $ 100,000
 Medical Expense (any 1 person) $ 10,000
 Workers' Compensation:
 Workers' Compensation Statutory Limits
 EL Each Accident $1,000,000
 EL Disease - Policy Limit $1,000,000
 EL Disease - Each Employee $1,000,000
 Automobile Liability
 Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.

Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form.

Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks. 22 - 12
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12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work.

Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of South Pasadena must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be noncontributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at 22 - 13
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least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of South Pasadena, Attn: Risk Management, 1414 Mission St., South Pasadena, CA 91030.

Telephone: (626) 403-7230.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.

12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

12.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

13. MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
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14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
H. Ted Gerber
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 460-6392
Facsimile: (626) 403-7241
If to Consultant
Inge Wiersema, P.E.

Vice President / Principal‐in‐Charge
Carollo Engineers, Inc.
707 Wilshire Boulevard, Suite 3920
Los Angeles, CA 90017
Telephone: (213) 489-1587
With courtesy copy to:

Andrew L. Jared
South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd. Ste. 850
Pasadena, CA 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710

15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph

10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph

12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

16. TERMINATION

16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
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16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

17. INTERPRETATION OF AGREEMENT

17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 22 - 16
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17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

18. GENERAL PROVISIONS

18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the 22 - 17
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following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action.

18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement. 22 - 18
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of South Pasadena
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
Carollo Engineers, Inc.

By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

By:__________________________________
Desiree Jimenez, CMC
Chief City Clerk
Date:________________________
Approved as to form:

By:__________________________________
Andrew L. Jared, City Attorney
Date:________________________
22 - 19

EXHIBIT A
Scope of Work
Carollo Engineers, Inc.

Task 1 – Supplemental Project Completion Report
Carollo will, using the available geographic information system (GIS) data associated with the sewer video analysis performed by through year 2015, summarize in a map and table the pipelines considered to be in Groups “C”, “D”, “I”, and “II”, as noted in paragraph 5 of the Consent Judgement, shown in Exhibit C of this agreement. Carollo will review the record drawings, summary maps, reports and tables developed at the end of the Phase 1 and Phase 2 sewer projects to identify the pipelines that were replaced and had spot repairs completed. For the pipelines considered to be in Groups “C”, “D”, “I”, and “II” where the documentation does not clearly show that repairs have been made, Carollo will review the subsequent video analysis to evaluate whether repairs have been made on those pipelines or not.

Carollo will develop a Supplemental Project Completion Report summarizing the pipelines that were classified as Groups “C”, “D”, “I”, and “II”; the pipelines that were replaced or repaired; and identification of any pipelines in Groups “C”, “D”, “I”, and “II” that did not have work completed. Carollo will submit a draft technical memorandum (TM) to the City. After receiving City comments, Carollo will submit a draft final TM to the City for submission to the Los Angeles Regional Water Quality Control Board (RWQCB). Carollo will incorporate RWQCB comments and produce a final, stamped TM.

Carollo has also budgeted three virtual conference calls, one as a kickoff meeting, one to present summarized results, and one to review the draft TM. Carollo has also budgeted one visit to the City’s offices to review/obtain data.

Schedule:

Carollo will produce the draft TM for Task 1 within two (2) months of Notice to Proceed.

Final TM will be delivered within seven business days of receiving comments on the final draft TM.

Deliverables:

Draft TM, Final TM
Task 2 – Flow and Capacity Study
A flow and capacity study is required by paragraph D of the Consent Judgment, shown in Exhibit C.

Carollo will develop a flow and capacity study report based on work performed as part of a previous scope (One Water 2050 Plan). Paragraph D required the development of an approved plan, followed by 22 - 20
the performance of the System Flow Monitoring and Capacity Analysis. Carollo will develop a summary TM summarizing the capacity analysis work already performed in the One Water 2050 Plan.

After receiving City comments, Carollo will submit a draft final TM to the City for submission to the RWQCB. Carollo will incorporate RWQCB comments and produce a final, stamped TM.

Calls and meetings for this task will be completed as part of Task 1.

Schedule:

Carollo will produce the draft TM for Task 2 within two (2) months of Notice to Proceed.

Final TM will be delivered within seven business days of receiving comments on the final draft TM.

Deliverables:

Draft TM, Final TM
Task 3 – Quarterly Report on Subsequent Video Analysis
The City is required to submit a quarterly report summarizing Subsequent Video Analysis as required by paragraph D of the Consent Judgement, shown in Exhibit C. The last report submitted to RWQCB covered 4th quarter 2017, and the report has not been submitted since then. Carollo will develop a single quarterly report covering the period from the 1st quarter of 2018 through the 4th quarter of 2022.

The report will discuss Subsequent Video Analysis; new sanitary sewer overflows (SSOs) data; continued implementation of routine maintenance; City’s fats, oils, and grease (FOG) control program; and the City’s Hot Spot program.

Carollo will review the video analysis performed in 2020 for all pipes that were initially classified as Groups “C”, “D”, “I”, and “II” per the Consent Judgement. Any Groups “C”, “D”, “I”, and “II” pipelines with significant defects from the video analysis from 2020 will be identified, including a recommendation for replacement, lining, and/or repair.

Carollo will also compile new Sanitary Sewer Overflow (SSO) data from years 2018 through 2022, as well as document the City’s ongoing maintenance processes.

Carollo will submit a draft TM to the City. After receiving City comments, Carollo will submit a draft final TM to the City for submission to the RWQCB. Carollo will incorporate RWQCB comments and produce a final, stamped TM.

Carollo has also budgeted two virtual conference calls for this task beyond those in Task 1, one to present summarized results, and one to review the draft TM. 22 - 21
Schedule:

Carollo will produce the draft TM for Task 3 within two months of completion of the draft TM of Task 1.

Final TM will be delivered within seven business days of receiving comments on the final draft TM.

If the project extended beyond four months, additional project management budget will be required.

Deliverables:

Draft TM, Final TM
Scope Clarifications
If RWQCB rejects the Flow and Capacity Study, no work is included to perform additional flow or capacity analysis to meet RWQCB requests.

No work is included in this Scope of Work to assist the City on the Asset Management Program (paragraph 6 of the Consent Judgment).

No work is included in this Scope of Work to assist the City with ongoing biannual requirements for Subsequent Video Analysis, other than a summary of the video analysis performed in 2020. 22 - 22

EXHIBIT B
Project Fees and Hourly Billing Rates
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Task I Principal- I Project I Quality I Project I Staff I GIS I Ad . I Total I ODC I Total Descript ion in-Charge Manager Control Engineer Engineer Analyst min Hours s Fee Supplemental
Project
Complet ion
TM
Flow and
Capacit y
Study
Quarterly TM
on Video
Analysis
Tot al
4 18 4
0 6 2
4 14 4
8 38 10
EngineersJScientists
Assistant Professional
Professional
Project Pmfessional
24 16
24 64
Lead Project Professional
Senior Professional
Technicians
Technicians
Senior Technicians
Support Staff
Document Processing I Clerical
Other Direct Expenses
Travel and Subsistence
Mileage at IRS Reimbursement Rate
Effective July 1. 2022
Subconsultanl
Other Direct Cost
Expert Witness
40 24
0 4
32 12
72 40
12 126
4 32
12 102
28 260
Hourly Rate
$213.00
258.00
272.00
313.00
345.00
153.00
223.00
147.00
al cost
S.625 per mile
cost + 10%
cost + 10%
Rate x 2.0
Rates listed are valid through December 31, 2023.

This fee schedule is subject to annual revisions due lo labor adjustments. $100 $28,514
$ 7,832
$23,622
$100 $59,968

EXHIBIT C
2011 Consent Judgement (included as a Reference to Exhibit A Scope of Work) 22 - 24
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
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PEOPLE OF THE STATE OF
12 CALIFORNIA EX REL. REGIONAL

WATER QUALITY CONTROL BOARD,
. 13 LOS ANGELES REGION, .
14 .PLAINTIFF,
15 v.
16 THE.CITY OF S_OUTH PASADENA,
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DEFENDANT.

Case No.
[PROPOSED] CONSENT JUDGMENT

PURSUANT TO STIPULATION OF THE
PARTIES; [PROPOSED] ORDER
21 This consent judgment pursuant to stipulation (Consent Judgment) is entered into by 22 Plaintiff the People of the State of California, ex rel. Regional Water Quality Control Board, Los 23 Angeles Region (Regional Board), and Defendant the City of South Pasadena (City). For 24 purposes of this Consent Judgment, the Regional Board and the City shall be referred to 25 collectively as the Parties.
26 INTRODUCTION
27 This Consent Judgment relates to the City's failure to comply with the terms of State Water 28 Resources Control Board Order No. 2006-0003-DWQ, Statewide General Waste Discharge People v. City of South Pasadena 1 Consent Judgment Pursuant to Stipulation 22 - 26
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Requirements for Sanitary Sewer Systems (WDR). As set forth in th~ Complaint filed concurrently hereto, the Regional Board alleges that the City failed to comply with the WDR by discharging pollutants, including but not limited to raw sewage, into waters of the United States and/or waters of the state, in violation of Water Code sections 13263 and/or 13376, for which the Regional Board or a superior court can assess civil liability pursuant to Water Code sections 13350 and/or 13385.

The Parties engaged in extended settlement negotiations prior to the initiation of litigation.

In these negotiations, the Regional Board was represented by the Attorney General of the State of California. The City was represented by Richard Adams II of Jones and Mayer, City Attorney and James L. Markman of Richards, Watson & Gershon, Special Counsel.

The Parties have agreed to settle this matter without litigation pursuant to the terms of this Consent Judgment. The Regional Board has filed a Complaint simultaneously with the lodging i of this ConsentJudgment. The Parties enter into this Consent Judgmentpursuant to a compromise and settlement of the allegations in the Complaint. The Parties believe that the \ '
resolution embodied in this Consent Judgment is fair and reasonable and fulfills the Regional Board's enforcement objectives; that its terms are appropriate in light of certain corrective efforts . the City has made or will make, and penalties to which the City has agreed to pay; and that entry. of this Consent Judgment is in the best interest of the public.

The Parties, after opportunity for review by counsel, hereby stipulate and consent to the I I
entry of this Consent Judgment as set forth below.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

CONSENT JUDGMENT PURSUANT TO STIPULATION
· 1. DEFINITIONS
Except where otherwise expressly defined in this Consent Judgment, all terms shall be interpreted consistent with the Porter-Cologne Water Quality Control Act, Water Code sections 13300 et seq., including the regulations promulgated pursuant to those sections, and the Federal People v. City of South Pasadena 2 Consent Judgment Pursuant to Stipulation 22 - 27
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28 Water Pollution Control Act, 33 U.S.C. sections 125.1 et seq., including the regulations promulgated under those sections, 40 C.F.R. 100 et seq.

2. COMPLAINT AND SCOPE OF AGREEMENT
The Complaint in this action alleges that the City violated Water Code sections 13263 and/or 13376, for which the Regional Board or a superior court can assess civil liability pursuant to Water Code sections 13350 and/or 13385. This Consent Judgment resolves all allegations and violations made in the Complaint in this case as well as four (4) additional violations that the Parties have agreed will be covered by this Consent Judgment. The total number of violations covered by this Consent Judgment shall be twenty six (26) violations, all of which are listed in the table attached hereto as Exhibit A.

3. JURISDICTION AND VENUE
The Parties agree that the Superior Court of California, County ofL9s Angeles, has subject matter jurisdiction over the matters alleged in this action and personal jurisdiction _over the Parties to this Consent Judgment, and that the Superior Court for the County of Los Angeles is the proper venue of this action.

4. PAYMENT OF CIVIL PENALTIES AND INVESTIGATION AND

ENFORCEMENT COSTS

4.1 Total Penalties·
On entry of this Consent Judgment, the City shall be liable for a total of nine hundred thousand doHars ($900,000) in civil penalties.

4.2 Civil Penalty Payment
Within thirty (3 0) days of entry of this Consent Judgment, the City shall pay a civil penalty of an amount equal to the remainder of two hundred twenty-five thousand dollars ($225,000) less the cost to the City of an asset management software system acceptable to the Regional Board, such cost not to.exceed fifty thqusand dollars ($50,000) with a check payable to the State Water ) Pollution Cleanup and Abatement Account. If the City fails to make payment of this amount within thirty (30) days, the City shall pay a stipulated penalty of one thousand dollars ($1,000) for each day payment is overdue.

People v. City of South Pasadena 3 Consent Judgment Pursuant to Stipulation 22 - 28
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The City shall deliver these payments to the Regional Board addressed to:

Regional Water Quality Control Board, Los Angeles Region 320 West Fourth Street, Suite 200 ·
Los Angeles, California 90013
Attention: Paula Rasmussen

4.3 Suspended Penalties
"
The remaining civil penalties in the amount of six hundred and seventy-five thousand dollars ($675,000) shall be suspended. These suspended penalties (Suspended Civil Liability) shall be deemed satisfied once the City completes all obligations pursuant to section 5 below.·

4.3a Reductions in Suspended Civil Liability
Notwithstanding section 4.3 above, the City shall receive a reduction in the amount of the Suspended Civil Liability as follows. When the City completes fifty percent (50%) of the obligations pursuant to section 5 below, the City shall receive a credit of one hundred seventy thousand dollars ($170,000). When the City completes seventy five percent (75%) of the obligations pursuant to section 5 below, the City shall receive an additional credit of one hundred . seventy thousand dollars ($170,000), for a total credit of three hundred and forty thousand dollars ($340,000). The remaining portion of the Suspended Civil Liability shall be satisfied when the entire obligation pursuant to section 5 below is complete.

4.4 Attorney Fees, Staff Investigation Costs, and SEP Oversight Costs Within thirty (30) days of entry of this Consent Judgment, the City shall pay fifty thousand dollars ($50,000) for attorneys' fees and staff investigation costs and all oversight costs, delivered as set forth in Section 4.2 above and with a check payable to the State Water Pollution Cleanup and Abatement Account. If the City fails to make payment of this amount within thirty (30) days of entry of this Consent Judgment, the City shall pay a stipulated penalty of one thousand dollars I
($1,000) for each day payment is overdue with a check payable to the State Water Pollution Cleanup and Abatement Account delivered to the Regional Board as set forth in Section 4.2 above.

4.5 Disputes Pertaining to Payment of Penalties
Should any disagreement arise pertaining to the City's failure to pay civil penalties, People v. City of South Pasadena Consent Judgment Pursuant to Stipulation 22 - 29
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attorneys' fees, or staff investigation costs, the Regional Board may enforce these provisions by using the procedures set forth in section 14 below .. If the Regional Board believes that the City has failed.to complete any portion of the obligations pursuant to section 5 of this Consent Judgment, the Regional Board may seek to lift the suspension of any Suspended Civil Liability amount as defined in section 4.3 of this Consent Judgment by using the procedures set forth in section 14 below, taking into account any credits that are due to the City pursuant to section 4.3a above.

5. SEWER REPAIR WORK
The .City, through DMR Team Inc. (DMR), has complete.cl video analysis of at least 50% of the City's sewer system, and has groupe·d the condition of the sewer mains into four categories, groups A, B, C, and D. DMR has also grouped all spot repairs needed in those mains into four categories, groups I, II, III, and IV. The City shall complete the video analysis of the remaining 50% of the City's sewer system, as specified in section 8 of this Consent Judgment. The City shall then complete repairs on all mains that the City has defined as in a Group "C" or "D" repair , . condition in its "Sewer Video Analysis and Condition Assessment" (Condition Assessment Report) 1 as specified in sectio~s 5.1 and 5.2 below. Additionally, .the City shall complete all locai spot repairs found to be in a Group "I" or "II" repair condition in the City's Condition Assessment Report as specified in sections 5 .1 and 5 .2 below. Together, Groups "C" and "D" and "I" and "II" shall be referred to as the Capital Improvement Program. If the City fails to complete any part of the Capital Improvement Program repairs within the time perjods specified below, the City shall pay the appropriate Suspended Civil Liability amount as specified in sections 4.3 and 4.5 above.

5.1 Group "J)" and· Group "I" Repair Condition
The City shall complete the repairs of the sewer mains in Group "D" and local spot repairs in Group "I" repair condition within 4 years of entry of this Consent Judgment. 1 The Condition Assessment Report is attached hereto as Exhibit B.

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5.2 Group ."C" and G_roup "II" Repair Condition
The City shall complete the repairs of the sewer mains in Group "C" and local spot repairs in Group "II" repair condition within 10 years of entry of this Consent Judgment.

5.3 Additional Incentive Payments
If the City fails to complete the Capital Improvement Program above within 9 years from · the date of entry of this Consent Judgment, the City shall pay $10,000 a month for each month the City has not completed its Capital Improvement Program (Additional Incentive Monies). There shall be rio noticed motion required to collect this Additional Incentive Monies and it shall be paid to the State Water Pollution Cleanup and Abatement Account and delivered pursuant to section 4.2 above. The Regional Board shall meet and confer with the City prior to demanding any Additional Incentive Monies. If the parties are unable to resolve their differences through the meet and confer process, the Regional Board shall demand in writing the appropriateAdditio?-al Incentive Money and the payment shall be due and payable within 30 days of the date of the demand. This obligation does not require a Court finding. If the City disagrees with the Regional Board's demand, the City shall have the right to move the Court to set aside the Regional Board's d,emand.

5.4 Submittal of Quarterly Reports
The City shall submit,quarterly reports to the Regional Board with the most up-to-date · information on the progress the City is making on the Capital Improvement Program. These quarterly reports shall be due on January 30, April 30, July 30, and October 30 of each year. In addition, when the City has completed its work on the Capital Improvement Program, it shall submit a final report to the Regional Board that shall state that the Capital Improvement Program has been completed and provide a complete list of all work completed pursuant to the Capital Improvement Program (Final Rep01i). The Regional Board shall have 90 days to review the Final Report. If the Regional Board finds that the work pursuant to the Capital Improvement Program is incomplete, then the Regional Board shall inform the City within those 90 days and shall meet and confer regarding what work is outstanding. The City shall not be required to pay any People v. City of South Pasadena 6 Consent Judgment Pursuant to Stipulation 22 - 31
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Suspended Civil Liability amount or any Additional Incentive Monies during the 90 days that the Regional Board is reviewing the Final Report. If a dispute regarding whether or not the City has · completed its Capital Improvement Program remains following the meet and confer, then the Regional Board shall seek any Suspended Civil Liability pursuant to the procedures set forth in section 14 of this Consent Judgment.

6. ASSET MANAGEMENT SOFTWARE.PROGRAM
As an enhanced compliance project, the City shall acquire a subscription to, and enter into an agreement for, an asset management software program for its sewer system within 60 days of e?try of this Consent Judgment (Enhanced Compliance Project). If the City fails to complete its Enhanced Compliance Project within 60 days of.entry of this Consent Judgment, the City shall pay a stipulated penalty of $1,000 per day that the Enhanced Compliance Project is incomplete.

7. FLOW AND CAPACITY STUDY
A proposed plan to study flow and capacity shall be prepared by the City and submitted to the Regional Board within 60 days of entry of this Consent Judgment. The City shall then coinplete the approved System Flow Monitoring and Capacity Analysis, which shall consist of a flow and capacity study of the City's sanitary sewer system within 3 years of entry of this Consent Judgment. If the City does not complete this study within 3 years, then the City shall pay a stipulated penalty of $1,000 per day that the study is incomplete.

8. VIDEO ANALYSIS OF THE SEWER SYSTEM
The City shall complete Phase III of its four phase video analysis of its sanitary sewer system on or before December 31, 2011. The City shall complete Phase IV of its four phase video analysis of its sanitary sewer system on or before December 31, 2012. The City shall then complete a video analysis of its sanitary sewer system every 2 years starting January 1, 2013 (Subsequent Video Analysis). If the City fails to complete these video analyses in the time stated, then the City shall pay $1,000 per day until the analysis is complete.

8.1. Routine Maintenance
The City shall complete flushing and hydrojetting to clear blockages and roots and remove People v. City of South Pasadena 7 Consent Judgment Pursuant to Stipulation 22 - 32
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grease buildup (hereinafter "Routine Maintenance") discovered by the Subsequent Video Analysis of its sanitary sewer system within 60 days from the determination that such Routine Maintenance is necessary. If the City fails to complete the Routine Maintenance discovered by the Subseque~t Video Analysis of its sanitary sewer system within 60 days from the · determination that such repairs are necessary, then the City shall pay a stipulated penalty of -c $1,000 for every day that the repairs remain incomplete.

8.2. Groups "D" and "I" Repair Condition After Subsequent Video. Analysis Any Group "D" mains or Group "I" spot repairs as defined in Section 5 above that are detected on any Subsequent Video Analysis of the sanitary sewer system, that were not previously identified, shall be completed within 4 years from entry of this Consent Judgment, or within 1 year of detection, whichever is later.

8.3. Groups "C" and "II" Repair Condition After Subsequent Video Analysis Any Group "C" mains or Group "II" spot repairs as defined in Section 5 above that are detected on any Subsequent Video Analysis of the sanitary sewer system, that were not previously identified, shall be completed within 10 years from entry of this Consent Judgment, or 2 years from detection, whichever is later. The City shall not be required to pay any Additional Incentive Monies for any Group "D" or Group "C" mains or Group "I" or Group "II" spot repairs detected on any Subsequent Video Analysis of the sanitary sewer system that were not previously identified in the first video analysis completed prior to December 31, 2012. \

8.4. Modification of Subsequent Video Analysis Repairs
If the <;ity determines that it ·cannot meet the schedule for the repairs discovered in any Subsequent Video Analysis, then it may meet and confer with the Regional Board and attempt to modify the schedule. If the paities are then unable to resolve ai1y disputes, the City may bring a noticed motion seeking judicial relief or modification ofthe schedule. Any change in the timing of these repairs will not affect the City's obligations under Section 5 of this agreement. If the City fails to comply with this term of the agreement, the Regional Board may seek the suspended civil penalty by noticed motion as described in section 14 of this Consent Judgment, including People v. City of South Pasadena 8 Consent Judgment Pursuant to Stipulation 22 - 33
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any necessary meet and confer. _

9. SUBMITTAL OF SUBSEQUENT VIDEO ANALYSIS QUARTERLY

REPORTS
The City shall submit quarterly reports to the Regional Board with the most up-to-date information mi the Subsequent Video Analysis of its sewer system. These quarterly reports shall be due to the Regional Board on January 30, April 30; July 30, and October 30 of each year. In addition, the quarterly reports shall provide. the most up-to-date information on: 1) any new SSO data (including the cause of the SSO and the measures taken to prevent recurrence); 2) the continued implementation of the Routine Maintenance; 3) the City's fats, oils and grease (FOG) control program_(FOG control program); and 4) the City's Hot Spot program. If the City fails to submit these quaiierly reports to the Regional Board; then the City shall pay a stipulated penalty of $1,000 per day that any quarterly reports are overdue.

10. _ . FATS OILS AND GREASE CONTROL PROGRAM
The City shall implement its FOG control program, attached hereto as Exhibit C, and make its best efforts to have all food service establishments as defined in its FOG ordinance inspected within 15 days of the City becoming aware of the existence of the establishment. If the City fails to implement its FOG control program within 45 days ,of entry of this Consent Judgment, then the City shall pay a stipulated penalty of $1,000 for every day that it remains unimplemented.

11. HOT SPOTS ·
The City shall inspect locations in its sanitary sewer system known to the City to require more frequent attention due to historic performance issues (Hot Spots) every 45 days and complete all required Routine Maintenance within 45 days of determining that any Routine Maintenance is necessary. If the City fails to inspect its known Hot Spots every 45 days or fails . . to complete all required Routine Maintenance at its Hot Spots within 45 days of determining that 25 26
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any Routine Maintenai1ce is necessary, then the City shall pay a stipulated penalty of $1,000 for every day that the Hot Spots are not inspected and $1,000 for every day that the required Routine Maintenance is not complete.

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12. STAFF TRAINING
The City shall make its best efforts to train and certify its staff through the California Water Environment Association in collection system maintenance. All new hires in the sewer maintenance crew shall be required to receive such certification and training, provided it does not interfere with their Union contracts.

13. FORCE MAJEURE

13.1. Any event (which may include an act or an omission) that is beyond the City's control and that prevents the City from timely performing any obligation under this Consent Judgment, despite the City's reasonable best efforts, is a "Force Majeure" event. Force Majeure does not include the City's financial inability to fund or complete the obligation or circumstances that the City could have avoided if it had complied with preventative requirements imposed by law, regulation or ordinance.

13.2. If any Force Majeure event occurs that may prevent or delay the City's ·performance of any obligation under this Consent Judgment, within ten (10) business days of when the City first receives reasonable notice of the event, it shall provide to the Regional Board a written explanation and description of the event; the anticipated duration of any delay; all actions the City has taken or will take to prevent or minimize the delay or other noncompliance and a schedule of such actions; and the rationale for categorizing the event as a Force Majeure. In addition, the City shall provide all available non-privileged, material, factual documentation supporting a Force Majeure claim.

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prevention of performance or delay or anticipated delay is attributable to Force Majelire, the City's performance will be excused to such degree as the Regional Board and the City agree, or the time for performance of its obligations under this Consent Judgment that are affected by Force People v. City of South Pasadena 10 Consent Judgment Pursuant to Stipulation 22 - 35
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Maj eure will be excused to such degree, or extended for such time, as the Regional Board and the City agree is necessary to complete those obligations.

13.4. If the City and the Regional Board disagree about the existence or effect of Fore~ Majeure, either the .City or the Regional Board m~y petition the Court to resolve the dispute. If either the City or the Regional Board petitions the Court to resolve the Force Majeure dispute, it will neither preclude nor prejudice the Regional Board from bringing a motion to enforce the Consent Judgment as provided in this Consent Judgment, nor will it preclude nor prejudice the City's ability to oppose such a motion. Alternatively, the City may raise Force Majeure as a defense to a motion to enforce, In all instances, the City shall have the burden of proof to demonstrate Force Majeure.

14. . ENFORCEMENT AND PENALTIES

14.1. Procedure
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through 11 above, by serving and filing a regularly noticed motion in accordance with Code of Civil Procedure section 1005 (Enforcement Motion) .. The City may file an opposition, and the Regional Board may file a reply, both also in accordance with Code of Civil Procedure section 1005. At least ten (10) business days before filing an Enforcement Motion under this Consent Judgment, the Regional Board must meet and confer with the City to attempt to resolve the matter without judicial intervention. To ensure that the "meet and confer" is as productive as possible, the Regional Board will identify, as specifically as the-available information allows, the specific instances and dates of non-compliance and the actions that the Regional Board believes the City must take to remedy that non-compliance.

15. PUBLIC COMMENT
The Parties agree and acknowledge that the Regional Board's final approval of this Consent Judgment is subject to the requirements of notice and comment pursuant to federal and state requirements. Section 123.27(d)(2) of Title 40, Code of Federal Regulations, provides that notice People v. City of South Pasadena 11 Consent Judgment Pursuant to Stipulation 22 - 36
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of the proposed settlement be given to the public and that the ·public shall have at least thirty (3 0) days after the notice to submit comments on the proposal. The Regional Board will publish notice on the Regional Board website after the Consent Judgment is lodged with the Court. The Regional Board reserves the right to withdraw or withhold its consent, prior to entry of ~he Consent Judgment, if the comments received disclose information or considerations that indicate that the Consent Judgment is inappropriate, improper, or inadequate. The City agrees not to withdraw from, oppose entry of, or to challenge any provision of this Consent Judgment, unless the Regional Board notifies the City in writing that it no longer supports entry of this Consent Judgment.

16. NOTICE
All submissions and notices required by this Consent Judgment shall be sent to:

For the Regional Board:

Paula Rasmussen
Los Angeles Regional Water Quality Control Board
320 West Fourth Street, Suite 200
Los Angeles, California 90013
Noah Golden-Krasner
Deputy Attorney General
Office of the Attorney General
300 South Spring Street, Ste 1702
Los Angeles, California 90013
21 For the, City: Sergio Gonzalez, Interim City Manager City of South Pasadena
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South Pasadena, California 91030
Richard Adams II, City Attorney
City of South Pasadena
3177 N. Harbor Boulevard
Fullerton, California 92835
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Any Party may change its notice name and address by informing the other Party in writing, but n.o change is effective until it is received. All notices and other communications required or permitted under this Consent Judgment that are properly addressed as provided in this Section are effective upon delivery if delivered personally or by overnight mail, or are effective five (5) days following deposit in the United States mail, postag~ prepaid, if delivered by mail.

17. CONSENT TO INSPECTION OF FACILITIES AND DOCUMENTS

17.1. Documents
On reasonable notice, the City shall permit any duly authorized representative of the Regional Board to inspect and copy any documents in the City's possession that relate to this Consent Judgment, to determine whether the City is in compliance with the terms of this Consent · Judgment. Nothing in this section is intended to require access to or production of any documents 12 ,
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that are protected by the attorney-client privilege, attorney work product doctrine or any other applicable privilege afforded to the City under law.

17.2. Facilities
On reasonable notice; the City shall permit any duly authorized representative of the Regional Board to inspect its sewer system facilities including, but not limited to, sewer mains, manholes, Hot Spots, Routine Maintenance areas, and any other City facility invo_lved in this Consent Judgment

18. NECESSITY FOR WRITTEN APPROVALS
All approvals and decisions of the Regional Board under the terms of this Consent Judgment shall be communicated to the City in writing: No oral advice, guidance, suggestions or comments by employees or officials of the Regional ·Board regarding submissions or notices shall be construed to relieve the City of its obligation to obtain any final written approval required by this Consent Judgment.

19. EFFECT OF JUDGMENT
-Except as expressly provided in this Consent Judgment, nothing in this Consent Judgment is intended nor shall it be construed to preclude the Regional Board, or any state, county, or local Pe~ple v. City of South Pasadena 13 Consent Judgment Pursuant to Stipulation 22 - 38
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agency, department, ·board or entity, or any Certified Unified Program Agency, from exercising its authority under any law, statute or regulation.

20. LIABILITY OF REGIONAL BOARD
The Regional Board shall not be liable for any injury or damage to persons or property resulting from acts or omissions by the City, its directors, officers, employees, agents, representatives or contractors in carrying out activities pursuant to this Consent Judgment, nor 7 · shall the Regional Board be held as a party to or guarantor of any contract entered into by the 8 9
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City, its directors, officers, employees, agents, representatives or contractors, in carrying out the requirements of this Consent Judgment.

21. NO WAIVER OF RIGHT TO ENFORCE
The failure of the Regional Board to enforce any provision of this Consent Judgment shall neither be deemed a waiver of ~uch provision nor in any way affect the validity of this Consent Judgment. The failure of the Regional Board to enforce any such provision· shall not preclude it from later enforcing the same or any other provision of this Consent Judgment. No oral advice, · guidance, suggestions or comments by employees or officials of any Party regarding matters covered in this Consent Judgment shall be construed to relieve any Party of its obligations under this Consent Judgment.

22. FUTURE REGULATORY CHANGES
Nothing in this Consent Judgment shall excuse the City from meeting any more stringent requirements that may be imposed by changes in the applicable law.

23. · APPLICATION OF CONSENT JUDGMENT
Upon entry, this Consent Judgment shall apply to and be binding upon the Regional Board and the City, and their employees, agents, successors, and assigns.

24. AUTHORITY TO ENTER CONSENT JUDGMENT
Each signatory to this Consent Judgment certifies that he or she is fully authorized by the Party he or she represents to enter into this Consent Judgment, to execute it on behalf of the Party represented and legally to bind that Party.

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25. RETENTION OF JURISDICTION

25.1 The Parties agree that this Court has exclusive jurisdiction to interpret and enforce the Consent Judgment. The Court shall retain continuing jurisdiction to enforce the terms of this Consent Judgment and to. address any other matters arising out of or regarding this Consent Judgment. The Pruiies shall meet and confer prior to the filing of any motion relating to this Consent Judgment, including any Enforcement Motion as contemplated by Sections 4_.3, 4.5, 6.7,

6.8, and 7.1, and shall negotiate in good faith in an effort to resolve any dispute whhoutjudicial intervention.

25.2 This Consent Judgment shall go into effect immediately upon entry thereof. Entry .is authorized by Stipulation of the Parties upon filing.

26. PAYMENT OF LITIGATION EXPENSES AND FEES
The City shall pay its own attorney fees and costs ·and all other costs of litigation and investigation incurred to d,ate.

27. INTERPRETATION
.This Consent Judgment was drafted equally by all Parties. The Parties agree that the r~le of construction holding that ambiguity is construed against the drafting Party shall not apply to the interpretation of this Consent Judgment.

28. COUNTERPART AND FACSIMILE SIGNATURES
This Consent Judgment may be executed by the Parties in counterparts, by Portable Document Format (PDF), and facsimiles, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document.

29. INTEGRATION
This Consent Judgment constitutes the entire agreement between the Parties and may notbe amended or supplemented except as provided for in the Consent Judgment.

30. MODIFICATION OF CONSENT JUDGMENT
This Consent Judgment may be modified only by the Court, or upon written consent by the 27 Parties and the approval of the Court.
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31. TERMINATION OF CONSENT JUDGMENT
This Consent Judgment will expire and be of no further effect after the City has completed all work contemplated by Sections 5 and 8, the Regional Board has agreed that such work is complete, and the City has paid all penalties as required by this Consent Judgment.

32. FINAL JUDGMENT
Upon approval and entry of this Consent Judgment by the Court, this Consent Judgment shall constitute a Final Judgment by the Court as to the Parties. . SO STIPULATED.

FOR DEFENDANT CITY OF SOUTH PASADENA: ~ c_. ·~-.

Dated: November_}_~_, 2011 . . By:~_ .. _· __ · ___ 6 ____ ___;;; c._:.,,,/=-- APPROVED AS TO FORM:

Dated: November 2'! , 2011
Sergio Gonzalez
Interim City Manager
City of South Pasadena
Jones & Mayer
Attorneys for Defendant
City of South Pasadena
FOR PLAINTIFF PEOPLE OF. THE STATE OF CALIFORNIA EX REL. THE CALIFORNIA REGIONAL WATER Ql.TALITY CONTROL BOARD, LOS ANGELES REGION:

Dated: November -3 o
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People v. City of South Pasadena
2011 By:_~ "' /? ~)('I 11.;"",.
_ ___;___;___:,_=----=---_.L,=-"'"'_~-=--......-~ , __
Samuel L. Unger~ 0
Executive Officer
16 ·California Regional Water Quality Control
Board, Los Angeles Region
Consent Judgment Pursuant to Stipulation
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APPROVED AS TO FORM:
· Dated: Nove~ber.J' 0 , 2011
IT IS HEREBY ORDERED:
2011.

Noah Golden-Krasner· .

Deputy Attorney General
Attorney for Plaintiff
Regional Water Quality Control Board,
Los Angeles Regiori
Entered this day of ----
Judge of the Superior Court of Los Angeles County
People y. City of ~outh Pasadena • 17 Consent Judgment Pursuant to Stipuiation Exhibit A
City of South Pasadena
Sanitary Sewer Overflows entered into CIWQS
EVENT ID Start Date SSO Address SSO City SSO Vol SSO Failure Point 647430 1/29/07 12:00 AM E Huntington Dr and Fair Oaks South Pasadena 600 Main 650881 5/21/07 8:10 AM 354 Camino del Sol South Pasadena 5,400 Main 652469 6/19/07 1:58 AM 1800 Fremont Ave South Pasadena 240 Main 705141 10/12/07 7:00 AM Fair Oaks Ave. and State Street South Pasadena 3,360 Main 724279 8/4/08 12:00 AM 1948 Fletcher Avenue South Pasadena 600 Main 725177 8/24/08 9:15 PM 1035 Arroyo Verde South Pasadena 2,250 Main 731039 12/22/08 5:45 PM 1129 Garfield Avenue South Pasadena 7,500 Main 732173 1/18/09 12:00 PM Arroyo Verde at Marmion Way South Pasadena 1,500 Main 762438 1/25/09 9:20 AM Fairview Avenue South Pasadena 300 Main 735004 3/14/09 7:00 AM Fair Oaks Ave. and State Street South Pasadena 18,000 Main 735196 3/18/09 8:30 PM 1709 Meridia Meridian Avenue South Pasadena 1,500 Main 736533 4/17/09 8:00 PM 324 Camino Del Sol South Pasadena 200 Main 737165 5/5/09 10:00 PM 1020 Arroyo Verde South Pasadena 6,000 Main 745368 10/4/09 10:10 AM 1020 Arroyo Verde South Pasadena 13,500 Main 745593 10/10/09 10:40 AM 1020 Arroyo Verde South Pasadena 14,000 Main 747704 12/4/09 5:00 PM 809 Bonita Drive South Pasadena 300 Main 1 of 2
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Exhibit A
City of South Pasadena
Sanitary Sewer Overflows entered into CIWQS
EVENT ID Start Date SSO Address SSO City SSO Vol SSO Failure Point 747715 12/18/09 10:15 AM 422 Magnolia Street South Pasadena 2,750 Main 748170 12/31/09 5:30 PM Fair Oaks Avenue South Pasadena 10,000 Main 748478 1/18/10 3:30 PM 342 Camino Del Sol South Pasadena 7,500 Main 752040 4/27/10 2:00 PM Fair Oaks Avenue South Pasadena 300 Main 752257 5/9/10 8:15 AM 345 Pasadena Avenue South Pasadena 1,875 Main 754246 6/30/10 8:30 PM 1600 Meridian Avenue South Pasadena 4,250 Main 757719 10/13/10 6:30 PM 1701 Meridian Avenue South Pasadena 300 Main 759022 11/29/10 12:00 PM 602 Indiana Place South Pasadena 60 Main 759801 12/22/10 9:15 AM 1425 Fair Oaks Avenue South Pasadena 18,750 Main 760776 1/7/11 12:00 PM Indiana Place South Pasadena 5 Main Total = 121,040
(in gallons)
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PHASE I

SEWER VIDEO ANALYSIS AND

CONDITION ASSESSMENT

PREPARED FOR

CITY OF SOUTH PASADENA
SUBMITTED BY:

DMR Team, Inc.

May 4, 2010
Revised August 5, 201 O
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INTRODUCTION
As part of the City's effort to identify Citywide sewer .. system structural defficiencies, Phase I sewer video lnspection of a 4 year inspection assessment and repair program . has been completed. This report summarizes the results of the review and analysis of the video inspection, as well as the estimated cost of improvements for sewer lines that require attention. Based on the results of the Phases 1 assessment, an estimate of the repair cost is projected for the city's entire system.

RANKING CONSIDERATIONS
The sewer lines that were video inspected have been categorized into four groups of "A", "B", "C", & "D" depending on th~ condition of the lines within each' reach. · Group "A''. represents a no deficiency condition and Groyp "D" represents a high priority repair condition. Factors that were considered in rating a reach included root intrusion, ,joint separation, cracks and sags, along with the frequency of occurrence and their severity.

Local problems that require spot repair have been evaluated under a separate grouping.

CONDITION ASSESSMENT
The rating of the condition of the sewer mains are tabulated in Table 1. The reaches are identified as referenced in the sewer video inspection from manhole to manhole and in the same sequence.

In cases where there is a local condition that is· significantly different that the condition of the main, the reach has been rated without taking. the local problem into account.

Local problems have been evaluated as a separate category, and prioritized according to the urgency of the required repair (see Table 2).

SEWER MAIN RANKING CLASSIFICATIONS
Group "A" represents sewer mains in optimal pipe condition that did not reflect an issue needing action.

Group "B" represents sewer mains that do not have a structural deficiency. The mains in this group do not require immediate attention, nor is it anticipated that they would need to be repaired within the next 15 years.

Group "C" represents sewer mains that display minor structural deficiencies such as minor cracks, and require attention within the next 1 O years.· Group "D" represents sewer mains that exhibit more· serious· structural deficiencies such as multiple cracks and fractures, and in general need to be repaired within the first 5 years of the program.
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SPOT REPAIR RANKING CLASSIFICATIONS
Spot repairs have been categorized as Group I, 11, Ill & IV depending on the severity of the required repair. Group I represents the most severe conditions, and Group IV the least. Spot repair conditions have been classified as follows: · GROUP
II
Ill
IV

DEFICIENCY
Fractures, holes, missing pipe
Joint displacement, multiple cracks, sags
Hair line cracks
Root intrusion at lateral

RECOMMENDED REPAIR AND RECONNAISSANCE PROGRAM
The program is recommended to have 2 distinct components of repair and reconnaissance. A 20 year period is envisioned to complete the. first cycle of the program, with major repairs completed in the first 10 years, minor repairs between 11 th and 15th year, and re~inspection of mains that are not currently subject to any repair wo_rk due to their good condition in the last 5 years.

Considering that Group "D" of the sewer mains and Group "I" of the sewer spot repairs represent the worst conditions in the system, they have been classified as priority 1 in the program,
Sewer mains with Group "C" classification that exhibited minor structural defficiencies, and Group II of the spot repair have been classified as priority 2 in the program.

Group Ill of the Sewer priority spot repair that deals with less serious and non structural defficiencies has been classified as priority 3.

Video inspection and analysis of sewer mains with conditions "A" & "B", along with the · Group IV of the spot repairs have been classified as priority 4.

INFORMATION TABLES
Table "A" shows the condition of the mains sorted alphabetically. Table "B" shows the · condition of the spot repair~ sorted alphabetically. Table "C" ranks the condition of the mains from worst to best, and Table "D" ranks the condition of the spot repairs from worst to best.
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Table "E" identifies the _DVD number, location, manhole #s, lengths of repair, number of laterals, condition assessment and implementation phasing order, as well as estimated repair costs. ·
ESTIMATED PHASE 1 REPAIR COST
The following table reflects the summary of the review of Phases 1 & 2 Sewer Video Inspection, with repair description and respective priority and estimated cost. The repair cost has been estimated based on unit prices of ·$180/LF for removal and ·replacement of mains, and $4,000 per each lateral repair. 1 2
3 4
1-5 · Group "D" mains, $ 630,000
and Group I of
s ot re airs
6-10 . Group "C" mains, $1,104,000
11-15
16-20
TOTAL
and Group II spot
re airs
Group Ill spot $ 346,000
· re airs
Group "A" & "B" · $ 309,000
mains and Group
IVs ot re airs
$2,389,000

ESTIMATED REPAIR COSTS FOR THE ENTIRE SEWER SYSTEM
Phase 1 encompasses roughly 25% of the entire City's s~wer system.

Assuming that Phase 1 deficiencies and costs are representative of the entire system, a 20 year repair program would require the repair cost as shown below 3 22 - 48
i
I

1. Group "D" mains, $2,520,000
and Group J of
s ot re airs
2 6-10 Group "C" mains, $4,416,000
and Group 11 spot
re airs .
3 11-15 Group Ill spot $1,384,000
re airs
4 16-20 Group "A" and "B" $1,236,000
mains and Group
· lV s ot re airs
TOTAL $9,556,000
The estimated repair cost shown above will be re-assessed as the results of the remaining phases' video analyses becomes available.
20 YEAR PROGRAM BUDGET
Based on the estimated improvements costs for the entire City's sewer deficiency upgrade and addition of soft. costs and video inspection, a total preliminary annual budget of $760,000 would be required:

REQUIRED WORK DESCRIPTlON COST
Estimated Construction Cost $9,560,000
Soft Cost (design, inspection, CM) $ 2,500,000
Video Inspection $ 400,000
------------ Sul;> Total $12,460,000
10% Contingency $ 1,240,000-
------------ Total Cost $13,706,000 over a 20 year
period
$685,000 annually
4 22 - 49
i
i
I

TABLE A

PHASE I

SEWER MAIN CONDITION (ALPHABETICAL ORDER OF STREET NAME) Location Limits Condition DVD No. - Avon Place Mission - Oakley B* 2 Bank Street Fremont - Fair Oaks B* 8
Bank Street Marenqo - Fair Oaks B* 4.

Sank Street Easement • Fremont - Diamond B* 8
Beech Street Fremont - Mid Pt. B* 7
Brent Avenue Grevelia - Monterey Road A* 1
Brent Avenue Grevelia - Viola B 8
Brent Avenue Hope - Monterey B* 3
Brent Avenue Monterey - Oxley A* 5 - Crestlake Entire Roadway A 7 Diamond Avenue Bank- Oak B* 3
Diamond Avenue Monterev - Bank B* 8
Diamond Avenue Oak- Pine B* 5
Donaldo Circle Entire Roadwav B* 8
Easement Fremont - Empress A 7
Edison Lane Mission - Oxley B* 5 - Edison Lane Oxley - Monterev B* 6 Edison Lane Oxley - Monterey 7
El Centro Fairview - Fremont A* - 4
El Centro Street Fair Oaks ·- Fremont A 6
Elm Park Entire Roadway C 4
Empress Avenue Entire Roadwav C 4
Fair Oaks Avenue E. Side, Lyndon - Bank B* 6
Fair Oaks Avenue Freeway - Mission A 5 - Fair Oaks Avenue Lvndon - Rollin A* .. 8 Fair Oaks Avenue Oak Street - Alhambra Road B* 7
Fair Oaks Avenue Oak Street - Huntinqton A 6
Fair Oaks Avenue Rollin - Oak Street B* 8
Fairview Avenue El Centro - Monterey B* 3 - Fairview Avenue Freeway - Mission B 2 Fairview Avenue Mission - El Centro A 4
Fremont Alley Fremont - midway B* 6
Fremont Allev Mid Pt - Maple Street A 7
Fremont Avenue Beach - Alhambra B* 8
Fremont Avenue · Beach - Maple A 7 - Fremont Avenue Huntini:iton - Maple Str:eet A* 6 Fremont Avenue Magnolia - Mission B* 2
Fremont Avenue Mission - Oxley B *. 6
Fremont Avenue Monterey - Bank Street A 8 - Fremont Avenue Oxley - Monterey B* 7 Fremont Avenue Rollin - Spruce C* 4
Garfield Avenue Freeway - Stratford A 8 - Grevelia Street Fairview - Mound A 8 * Denotes spot repair required
22 - 50

TABLE A

PHASE I
SEWER MAIN CONDITION (ALPHABETICAL ORDER OF STREET NAME} Location Limits Condition DVD No.

Hermosa Place Cul de Sac - Grand B* C.0.2
HiQhland Street Meriden - Fairview B C.0.2
Hope Circle Entire Roadway A 8
Hope Street Fair Oaks - Park Avenue A* 1
Hope Street Meridian - Fair Oaks A* 2
Huntington Drive E. Side, Maple - Alhambra Road B* 7
Huntinqton Drive N Side - Fair Oaks - Marenqo B* 8
Huntington Drive N. Side - Fremont - Fair Oaks C 6
Huntinqton Drive Ramona - Fremont B* 5
Huntington Drive S. Side Fremont - Fair Oaks B* 7
Huntinoton Drive S. Side Fremont - Marengo B* 7
Huntington Drive
Westside - Pine Street - B* 7
Alhambra Road
Laurel Street Marengo Avenue to Fair Oaks B* 6
Lyndon Alley Diamond - Fremont A 5
Lyndon Allev Lyndon Street - Monterey A 3
Lyndon Street Fremont - Fair Oaks B* 8
Lyndon Street Fair Oaks - Marenoo B* 6
Maqnolia Street Fairview - Freemont A* 1
Magnolia Street Mound - Meridian A* 2
Marenqo Avenue Bank - Huntinoton D 5
Marengo Avenue Mission - Monterev D 3
Marenqo Avenue Spruce -Huntinoton B* 8
Meridian Avenue Freeway - Mission C 1
Meridian Avenue Oak- Maole C c.o. 2
Milan Avenue Garfield - Mission B 1
Milan Avenue · Mission· - Oxlev B 3
Mill Road Garfield - End B 1
Mission Allev Hooe - Mission B 8
Mission Street Brent - Mound A 3
Mission Street Brent - Park B 8
Mission Street Fair Oaks - Allev W. of Fair Oaks B 8
Mission Street Fair Oaks - Ramona . A 4
Mission Street Meridian - Fair Oaks B* 2
Mission Street Milan -Stratford A 2
Monterey Road Fair Oaks - Marenoo B*. 5
Monterey Road Fairview - Fair Oaks B* 3
Monterey Road Milan - Marenao B* 2
Monterey Road Milan Avenue - Easement B* a·
. Monterey Road W. Alley - Fair Oaks B* 7
Monterey West Meridian - Indian B* C.O. 2
Monterey West Oranqe Grove - Pasadena B* C.0.2
* Denotes spot repair required
22 - 51
' ; '
' -
I

TABLE A

PHASE I

SEWER MAIN CONDITION (ALPHABETICAL ORDER OF STREET NAME) Location Limits Condition DVD No.

Mound Alley OxleV - Monterey B 7
Mound Avenue Freeway - Mission A* 2
Mound Avenue Hope - Mission B* 8
Oak Street Across Fair Oaks B* 8
Oak Street Diamond Avenue N and S B* 5
Oak Street Fremont - Fair Oaks B* 6
Oak Street Marengo - Fair Oaks B* 4
Oneonta Knoll Entire Roadway D 4
Oxley Street Brent - Marenqo B 1
Oxley Street Diamond Ave - Mound Ave B* 3
Oxley Street ; Stratford - Milan B* 3
Park Avenue Garfield - Hope D 1
Park Avenue Hooe - Oxley C* 1
Pasadena Avenue Hawthorne - Sycamore B C.O. 2
Pine Street Meriden - Ramona B* 5·
Pinecrest Drive Entire Roadway B* c.o. 2
Ramona Avenue Rollin - Huntinaton C 4
Raymond Lane Monterey - Mission C* 4
Rollin Street Fremont - Fair Oaks C* 6
Rollin Street Marenoo - Fair Oaks B* 3
Spruce Street Fremont to Fair Oaks B* 6
Spruce Street Ramona - Fremont B 5
Spruce Street Rollin - West C 4
State Street Easterly Part - Across Fair Oaks A C.0,1
State Street Easement Fair Oaks - Fremont D C.0.1
Stratford Avenue Grevelia - Mission A* 1
Stratford Avenue Mission - Monterey C 2
Viroinia Place Mission - Monterey A 3
Windsor Place Oxley - Monterev , B* 7
* Denotes spot repair required
22 - 52

TABLE B

SPOT REPAIR CONDITION (ALPHABETICAL ORDER OF STREET NAME) LOCATION MANHOLE NOS. PRIORITY DVD NO.

Bank Street 12G-89C II 8
Bank Street 12G-89C IV 8
Bank Street 51 C-53C II 4
Bank Street 51D-51C 1 4
Bank Street 89C-47C I 8
Bank Street Easement 84F-89A I 8
Bank Street' Easement 89B-12G II 8
Beech Street 39D-141G Ill 7
Beech Street 39D-141G IV 7
· Brent Avenue 13A-52H Ill 5
Brent Avenue 52E-52F II 3
Brent Avenue 52F-52D Ill 3
Brent Avenue 52F-52G II. 3
Brent Avenue 52G-52H Ill 3
Diamond Avenue 84D-84E II 8
Diamond Avenue 84E-84F II 8
Diamond Avenue 85B-85A II 3
Diamond Avenue 85D-85C II 3
Diamond Avenue 85D-85C IV 3
Diamond Avenue 85D-85E Ill 3
Diamond Avenue 85D-85E IV 3
Diamond Avenue 85E-85F Ill 5
Diamond Avenue 85E-85F IV 5
Diamond Avenue 85F-95B II 5
Diamond Avenue 85F-95B IV 5
Donaldo Circle 13C-134F IV 8
Edison Lane 76F-78A Ill 5
Edison Lane 78B-86E I 5
El Centro Street · 85D-85C II 4
Fair Oaks Avenue 29A-29B I 5
Fair Oaks Avenue 45B-45A II 5
Fair Oaks Avenue 45B-45C II 5
Fair Oaks Avenue 45D-45E Ill 7
Fair Oaks Avenue 46C-29A I 5
Fair Oaks Avenue 47A-47B II 7
Fair Oaks Avenue 47B-47C Ill 8
Fair Oaks Avenue 47C-47D II 8
Fair Oaks Avenue 47D-92C IV 8
Fair Oaks Avenue 48C-480 I 7
Fair Oaks Avenue 48C-48D II 5
Fair Oaks Avenue 48C-48D IV 7
Fairview Avenue 69C-64B Ill 2
Fairview Avenue 83D-65B II 3
Fairview Avenue 83D-65B IV 3
Fairview Avenue 86A-65C II 3
Freemont Avenue Alley 39C-39D II· 6
Fremont Avenue 39C-390 Ill 6
Fremont Avenue 39F-39G IV 8
Fremont Avenue 39G-39H II 8
Fremont Aven\Je 59F-59G IV 2
Fremont Avenue 62B-62A II 4
22 - 53

TABLE B
SPOT REPAIR CONDITION {ALPHABETICAL ORDER OF STREET NAME) LOCATION MANHOLE NOS. PRIORITY DVD NO ..

Fremont Avenue 62C-62B II 4
Fremont Avenue 62C-62D II 4
Fremont Avenue 62D-62E I 7
Fremont Avenue 62D-62E IV 7
Fremont Avenue 63D-608 IV 5
Fremont Avenue 69C-76D I 2
Fremont Avenue 86C-60C I 7
Grevelia Street 144B-144C Ill 1
Grevelia Street 59H-67B IV 8
Grevelia Street 71D-67A Ill 1
Hardison Place 133B-133A II 8
Hermosa Place 115A-115B Ill C.O.2
Hermosa Place 115C-115C II C.O.2
Hermosa Place 149B-115A Ill C.O.2
Hermosa Place 149B-149A II C.O.2
Hope Street 55C-55D 1
Hope Street 69B-69A II 2
Hope Street 69C-59G II 2
Huntinqton Drive 29B-62E I 6
Huntington Drive 29D-29C II 7
Huntinoton Drive 29D-29C IV 7
Huntington Drive 29D-39A II 7
Huntinqton Drive 29F-29E Ii 7
HuntinQton Drive 29F-31A I 7
Huntinqton Drive 29H-29J It 8
Huntinqton Drive 29H-29J IV 8
Huntington Drive 29J-32C II 8
Huntinqton Drive 30B-30A II 7
HuntinQton Drive 30B-30A IV 7
Huntinqton Drive 30C-30B I 7
Huntinqton Drive 30C-30D Ill 7
Huntinqton Drive 30D-.30E II 7
Huntinoton Drive· 30J-30H I 7
Huntinqton Drive 30J-30k I 7
Huntinqton Drive 30J-30K IV 7
HuntinQton Drive 30K-30L I 7
Huntinoton Drive 95C-95D II 5
Huntington Drive 95C-95D IV 5
Laurel Street 46E-46D II 5
Laurel Street 46E-46D IV 5
Laurel Street 49A-49B IV 6
Laurel Street 49B-32A II 6
L vndon Street 47B-88C . II 8
Lvndon Street 47B-SBC · IV 8
L vndon Street 51A-51B IV 5
Magnolia Street 57G-70A I 2
Magnolia Street 68B-59F II 1
Marengo Avenue 32C-32B IV 8
Marengo Avenue 33A-13E IV 5
Marengo Avenue· 33B-33A Ill 5
· Marengo Avenue 338-33A IV 5
22 - 54

TABLE B

SPOT REPAIR CONDITION (ALPHABETICAL ORDER OF STREET NAME) LOCATION MANHOLE NOS. PRIORITY DVD NO.

Marenr:ici Avenue 33C-33D II 5
Marenr:io Avenue 33C-33D IV 5
Marengo Avenue 33E-33C I 5
Marengo Avenue 34B-34C II 3
Marengo Avenue 34C-13D I 3
Marengo Avenue 35D-S0C · I " 5
Marengo Avenue 35D-50C IV 5
Marenqo Avenue 50C-32A II 5
Marenqo Avenue_ 50C-32A IV 5
Milan Avenue 11O-9B IV 3
Milan Avenue 1C-7C Ill 2
Mission Street 52E-54C I 3
Mission Street 54E-54D IV a·
Mission Street 76B-76A I 2
Mission Street 76D-76E Ill 2
Monterey Road 136-1"3F 11 2
Monterey Road 136-14E IV 2
Monterey Road 13A-13B IV 5
Monterey Road 13C-13D I 5
Monterey Road 13C-13D IV 5
Monterey Road 13G-13H IV 8
Monterey Road 86A-86B II 3
Monterey Road 86B-86C II 3
Monterey Road 86C-86O II 3
Monterey Road 86D-86E II 3
Monterey Road 86E-47A II! 7
Monterey Road East 12B-12C Ill C.0.2
Monterey Road East 12C-12D I C.0.2
Monterey Road West 105B-131A I C.0.2
1 !
Monterey Road West 105C-105D I C.0.2
Monterey Road West 105E-105F 11 C.0.2
Monterey Road West 87B-166G I C.0.2
Monterey Road West 87E-84C I. C.0.2
Monterey Road West 97E-87A II C.0.2
Mound Alley 86O-79B IV 7
Mound Avenue 57G-57F Ill 2
Mound Avenue 57G-57H I 2
Mound Avenue 57H-76E I 8
Oak Street 50B-50A II 4
Oak Street 50B-S0A IV 4
Oak Street 50B-S0C Ill 4
Oak Street 85E-92E IV 5
Oak Street 92B-92A IV 6
Oak Street 92B-92C II 6
Oak Street 92C-45C II 8
Oxley Street 11E710A Ill 3
Oxley Street 83B-83C IV 3
Oxley Street 83C-83D 11 3
Oxley Street 83O-78B II 3
Park Avenue 55C-11G II 1
Park Avenue 55D-55E II 1
22 - 55

TABLE B

SPOT REPAIR CONDITION (ALPHABETICAL ORDER OF STREET NAME) LOCATION MANHOLE NOS. PRIORITY DVD NO ..

Pasadena Avenue 132D-132E II C.O.2
Pasadena Avenue 132E-132F I C.O.2
Pasadena Avenue 132F-118K I C.O.2
Pasadena Avenue 132F-132G I C.O.2
Pasadena Avenue 132G-132D I C.O.2
Pinecrest Drive 120A-121A 1 C.O.2
Pinecrest Drive 120A-121D I C.O.2
Rollin Street 50E-35D II 3
Rollin Street 50E-35D IV 3
Rollin Street , 85B-90C II 3
Rollin Street 85B-90C II 3
Rollin Street 90B-47O II 6
Rollin Street 90B-47D IV 6
Rollin Street 90B-90A I 6
Spruce Street 32B-49D II 6
Stratford Avenue 10A-13F II 2
Stratford Avenue 6C-6D II 1
Stratford Avenue 6D-6E Ill 1
Stratford Avenue 6E-7B I 1
Stratford Avenue 7A-10A II 2
Windsor Place 86B-79A II 7
22 - 56
1·
!
i
i '
Location
Marenqo Avenue
Marengo Avenue
Oneonta Knoll
Park Avenue
State Street Easement
Fremont Avenue
Elm Park Avenue
Empress Avenue
Huntington Drive
Meridian Avenue
Meridian Avenue
Park Avenue
Ramona Avenue
Raymond Lane
Rollin Street
Spruce Street
Stratford Avenue
Avon Place
Bank Street
Bank Street
Bank Street Easement
Beech Street
Brent Avenue
Brent Avenue
Diamond Avenue
Diamond Avenue
Diamond Avenue .

Donaldo Circle
Edison Lane
Edison Lane
Edison Lane
Fair Oaks Avenue
Fair Oaks Avenue
Fair Oaks Avenue
Fairview Avenue
Fairview Avenue
Fremont Alley
Fremont Avenue
Fremont Avenue
Fremont Avenue
Fremont Avenue
Hermosa Place
Highland Avenue

TABLE C

PHASE I

SEWER MAIN CONDITION (WORST TO BEST)
Limits Condition
Bank - Huntinqton D
Mission - Monterev D
Entire Roadway D
Garfield -·Hooe D
Fair Oaks - Fremont D
Rollin - Spruce C*
Entire Roadway C
Entire Roadway C
N. Side - Fremont - Fair Oaks C
Freeway - Mission C
Oak- Maple C
Hope - Oxley C*
Rollin - Huntinqtori C
Monterey - Mission C*
Fremont - Fair Oaks C*
Rollin -West C
Mission - Monterey C
Mission - Oaklev B*
Fremont - Fair Oaks B*
Marenqo - Fair Oaks B*
Fremont - Diamond B*
Fremont - Mid Pt. B*
Hooe - Monterey B*
Grevelia - Viola B
Bank- Oak B *.

Monterev - Bank B*
Oak- Pine B*
Entire Roadway B*
Oxley - Monterev B*
Mission - Oxley B *
Oxley - Monterey B*
E. Side, Lvndon - Bank B*
Oak Street - Alhambra Road B*
Rollin - Oak Street B*
El Centro - Monterev B*
Freeway - Mission B
Fremont - midway B*
Beach - Alhambra B *.

Maonolia - Mission B*
Mission - Oxley B*
Oxley - Monterev · B*
Cul de Sac - Grand B*
Meridian - Fairview B
* Den?tes spot repair required
22 - 57
!
I !
Location
Huntington Drive
Huntington Drive
Huntinqton D'rive
Huntington Drive
Huntinqton Drive
Huntington Drive
Laurel Street
Lvndon Street
Lyndon Street
Marengo Avenue
Milan Avenue
Milan Avenue
Mill Road
Mission Alley
Mission Street
Mission Street
Mission Street
Monterey Road
Monterey Road
Monterey Road
Monterey Road
Monterey Road
Monterey Road West
Monterey Road West
Mound Alley
Mound Avenue
Oak Street
Oak Street
Oak Street
Oak Street
Oxley Street
Oxley. Street
Oxley Street *
Pasadena Avenue
Pine Street
Pinecrest Drive
Rollin Street
Spruce Street
Spruce Street
Windsor Place
Brent Avenue

TABLE C

PHASE I

SEWER MAIN CONDITION (WORST TO BEST)
Limits Condition
E. Side, Maple - Alhambra Road B*
N Side -Fair Oaks - MarenQo B*
· Ramona - Fremont B*
S. Side Fremont - Fair Oaks B*
S. Side Fremont - Marengo B*
Westside - Pine Street - B*
Alhambra Road
Marenqo Avenue - Fair Oaks B*
Fremont - Fair Oaks B*
Fair Oaks - Marengo B *·
Spruce -Huntington B*
Garfield - Mission B
Mission - Oxley B
Garfield - End B
Hcipe - Mission B
Mer1dian - Fair Oaks B*
Brent - Park B
Fair Oaks - Alley W. of Fair Oaks B
Fair Oaks - Marenqo B*
Fairview - Fair Oaks B*
Milan - Marengo B*
Milan Avenue - Easement• B*
W. Alley - Fair Oaks B*
Meridian - Indian B*
Oranqe Grove - Pasadena B*
Oxley- Monterey B
Hope - Mission B*
Across Fair Oaks B*
Diamond B*
Fremont - Fair Oaks B*
Marengo - Fair Oaks B*
Diamond Ave - Mound Ave B*
Stratford - Milan B*
Brent - Marengo B
Hawthorne - Sycamore B
Meridian - Ramona B*
Entire Roadway B*
Marengo - Fair Oaks B*
Fremont - Fair Oaks B*
Ramona - Fremont 8
Oxley - Monterey B*
Grevelia - Monterey Road A*
* Denotes spot repair required
22 - 58
Location
Brent Avenue
Crestlake Avenue
Easement
El Centro Street
El Centro Street
Fair Oaks Avenue
Fair Oaks Avenue
Fair Oaks Avenue
Fairview Avenue
Fremont Alley
Fremont Avenue
Fremont Avenue
Fremont Avenue
Garfield Street
Grevelia Street
Hope Circle
Hope Street
Hope Street
Lyndon Alley
Lyndon Alley
Maqnolia Street
. Maanolia Street
Mission Street
Mission Street
Mission Street
Mound Avenue
State Street
Stratford Avenue
Virginia Place
TABLE·c
PHASEl

SEWER MAIN CONDITION (WORST TO BEST)
Limits Condition
Monterey - Northerly Terminus A*
. Entire Roadway A
Fremont - Empress A
Fairview - Fremont A*
Fair Oaks - Fremont A
Lyndon - Rollin A*
Freeway - Mission A
Oak Street - Huntinqton A
Mission - El Centro A
Mid Pt - Maple Street A
Huntinqton - Maple Street A*
Beach - Maple A
Monterey - Bank Street A
Freeway - Stratford A
Fairview - Mound A
Entire Roadway A
Fair Oaks - Park Avenue A*
Meridian - Fair Oaks A*
Diamond - Fremont A
LVndon - Monterey A
Fairview - Freemont A*
Mound - Meridian A*
Brent - Mound A
Fair Oaks - Ramona A
Milan -Stratford A
Freeway - Mission A*
Easterly Part - Across Fair Oaks A
Grevelia - Mission A*
Mission - Monterey A
* Denotes spot repair required
22 - 59
TABLED

PHASE I
SPOT REPAIR CONDITION {WORST TO BEST)
LOCATION MANHOLE NOS. PRIORITY
Bank Street 51 D-51 C I
Bank Street 89C-47C I
Bank Street Easement 84F-89A I
Edison Lane 78B-86E I
Fair Oaks Avenue 29A-29B I
Fair Oaks Averiue 46C-29A I
Fair Oaks Avenue 48C-48D I
Fremont Avenue 62D-62E . I
Fremont Avenue 69C-76D I
Fremont Avenue 86C-60C I
HuntinQton Drive 29B-62E I
Huntinaton Drive 29F-31A I
Huntington Drive 30C-30B I
HuntinQton Drive 30J-30H I
HuntinQton Drive 30J-30K I
Huntinaton Drive 30K-30L I
Maanolia Str.eet 57G-70A I
Marenao Avenue 33E-33C I
Marenao Avenue 34C-13D I
Marenqo Avenue 35D-50C I
Mission Street 52E-54C I
Mission Street 76B-76A I
Monterev Road 13C-13D I
Monterev Road East 12C-12D I
Monterev Road West 105B-131A I
Monterey Road West 105C-105D I
Monterey Road West 87B~166G I
Monterev Road West 87E-84C I
Mound Avenue 57G-57H I
Mound Avenue 57H-76E I
Pasadena Avenue 132E-132F I
Pasadena Avenue 132F-118K I
Pasadena Avenue 132F-132G I
Pasadena Avenue 1328-132D I
Pinecrest Drive 120A-121A I
Pinecrest Drive 120A-121D l
Rollin Street 90B-90A I
Stratford Avenue · BE-7B I
Bank Street 12G-89C \I
Bank Street 51C-53C II
Bank Street Easement 89B-12G II
Brent Avenue 52E-52F . II
Brent Avenue 52F-52G II
Diamond Avenue 84D-84E II
Diamond Avenue 84E-84F II
Diamond Avenue 85B-85A ll
Diamond Avenue 85O-85C 11
Diamond Avenue 85F-95B II
.· El Centro Street II
Fair Oaks Avenue 45B-45A II
22 - 60
TABLED

PHASE I
SPOT REPAIR CONDITION (WORST TO BEST}
LOCATION MANHOLE NOS. PRIORITY
Fair Oaks Avenue 45B-45C II
Fair Oaks Avenue 47A-47B !I
Fair Oaks Avenue 47C-47D II
Fair Oaks Avenue 48C-48D II
FaiNiew Avenue 83D-65B II
Fairview Avenue 86A-65C II
Fremont Allev II
Fremont Avenue 39G-39H II
Fremont Avenue 62B-62A II
Fremont Avenue 62C-62B II .

Fremont Avenue· 62C-62D II
Hardison Place 133B-133A II
Hermosa Place 115C-115C I!
Hermosa Place 149B-149A II
Hooe Street 69B-69A II
Hooe Street 69C-59G II
Huntinaton Drive 29D29C II
HuntinQton Drive 29D-39A II
HuntinQton Drive 29F-29E !I
Huntinaton Drive 29H-29J II
Huntinaton Drive 29J-32C. II
Huntinaton Drive 30B-30A II
Huntinqton Drive 30D-30E II
Huntinaton Drive 95C-95D ll
Laurel Street 46E-460 II
Laurel Street 49B-32A II
Lvndon Street 47B-88C II
Marenao Avenue 33C-33D II
MarenQo Avenue 34B-34C II
Marenqo Avenue 50C-32A II
Monterey Road 136-13F II
Monterey Road 86A-86B II
Monterev Road 86B-86C II
Monterey Road 86C-86D II
Monterey Road 86D-86E · II
Monterey Road West 105E-105F II
Monte rev Road West 97E-87A II
Oak Street 50B-50A 11
Oak Street 928-92C '' 11
Oak Street 92C-45C II
Oxley Street 83C-83D II
Oxley Street 83D-78B II
Park Avenue 55C-11G II
Park Avenue 55D-55E .11
Pasadena Avenue 132D-132E II
Rollin Street 50E-35D II
Rollin Street 85B-90C II
Rollin Street 85B-90C II
Rollin Street 90B-470 II
Spruce Street 328-49D II
22 - 61
TABLED
PHASE I·
SPOT REPAIR CONDITION {WORST TO BEST)
LOCATION MANHOLE NOS. PRIORITY
Stratford Avenue 10A-13F II
Stratford Avenue 68B-59F II
Stratford Avenue 6C-6O II
Stratford Avenue 7A-10A II
Windsor Place 86B-79A II
Beech Street 39O-141G Ill
Brent Avenue 13A-52H Ill
Brent Avenue 52F-52D 111
Brent Avenue 52G-52H 111
Diamond Avenue 85O-85E Ill
Diamond Avenue 85E-85F Ill
Edison Lane 76F-78A 111
Fair Oaks Avenue 45O45E Ill
Fair Oaks Avenue 47B-47C Ill
Fairview Avenue 69C-64B 111
Fremont Avenue 39C-39O Ill
Grevelia Street 144B-144C 111
Grevelia Street 71D-67A Ill
Hermosa Place 115A-115B Ill
Hermosa Place 149B-115A Ill
Huntinaton Drive 30C~30D Ill
MarenQo Avenue 33B-33A Ill
Milan Avenue 1C-7C Ill
Mission Street 76D-76E Ill
Monterey Road 86E-47A Ill
Monterev Road East 12B-12C Ill
Mound Avenue 57G-57F Ill
Oak Street 50B-50C 111
Oxley Street 11 E-10A . Ill
Stratford Avenue 6D-6E 111
Bank Street 12G-89C IV
Beech Street 39D-141G IV
Diamond Avene 85D-85E IV
Diamond Avenue 85D-85C IV
Diamond Avenue 85E-85F IV
Diamond Avenue 85F-95B IV
Donaldo Circle 13C-134F IV
Fair Oaks Avenue 47D-92C IV
Fair Oaks Avenue 48C-48O IV
Fairview Avenue 830-658 IV
Fremont Avenue 39F-39G IV
Fremont Avenue 59F-59G IV
Fremont Avenue 62D-62E IV
Fremont Avenue 63O-60B IV
Grevelia Street 59H-67B IV
Hope Street 55C-55D IV
Huntinqton Drive 29O29C IV
Huntinaton Drive 29H-29J IV
HuntinQton Drive 30B-30A IV
Huntington Drive 30J-30K JV
22 - 62
TABLED

PHASE I
SPOT REPAIR CONDITION (WORST TO BEST}
LOCATION MANHOLE NOS. PRIORITY
Huntinoton Drive 95C-95D IV
Laurel Street 46E-46D IV
Laurel Street 49A-49B IV
Lvndon Street 47B-88C IV
Lvndon Street 51A-51B · IV
Marengo Avenu_e · 32C-32B IV
MarenQo Avenue 33A-13E IV
Marenqo Avenue 33B-33A IV
Marenqo Avenue 33C-33D IV
Marenqo Avenue 35D-50C IV
Marenqo Avenue 50C-32A IV
Milan Avenue 11D-98 IV
Mission Street 54E-54D IV
Monterey Road 136-14E IV
Monterey Road 13A-138 IV
Monterey Road 13C-13D IV
Monterey Road 13G-13H IV
Mound Alley 86D-79B IV
Oak Street 50B-50A IV
Oak Street 85E-92E ' IV
Oak-Street 92B-92A IV
Oxley Street 83B-83C IV
Rollin Street 50E-35D IV
Rollin Street 90B-47D IV
22 - 63
DVD NO. LOCATION

MANHOLE
NOS.

Grevelia 144B-144C 71O-67A
. Park Avenue 55O-55E 55C-11G
6C-6D
1 Stratford Avenue 6O-BE
6E-7B
Maanolia Street 68B-59F
71D-71C
Meridian Avenue 71C-71B
71B-71A
Milan Avenue 1C-7C
Stratford Avenue 7A-10A 10A-13F
Mission Street 76B-76A
· 76O-76E
Mound Avenue 57G-57F 57G-57H
2 Maqnolia Street 57G-70A
Hope Street 69B-69A 69C-59G
Fairview 69C-64B
Fremont
69C-76O
59F-59G
Monterey Road
136..:13F
136-14E
Oxley Street 11E-10A 83B-83C
Milan Avenue 11 D-98
3 52E-52F
Brent Avenue
52F~52G
52G-52H
52F-52D

TABLE E

PHASE I

ESTIMATED COST OF SEWER REPAIRS

REPAIR COST IN THOUSANDS
R&R PIPE REPAIR PRIORITY 1 PRIORITY 2 PRIORITY 3 PRIORITY 4 (FT.) LATERAL {EA)
75 17
75 17
25 6
25 6
75 17
25 6
125 34
75 17
125 26
150 34
25 6
25 6
1 4
75 17
50 12
50 12
25 .6
100 23
1 4
75 17
1 4
25 6
1 4
4 16
25 6
25 6
50 12
50 12
22 - 64
DVD NO. LOCATION · MANHOLE NOS:

Meridian Avenue 71B-71A
Marengo 34B-34C 34C-13D
Mission Street 52E-54C
Rollin Street 50E-35D
Oxley Street 83C-83O 83O-78B
· Fairview Avenue 830-658
3 86A-86B
Monterey Road 86B-86C 86C-86D
86D-86E
Fairview Avenue 86A-65C
85B-85A
Diamond Avenue 85D-85E
Rollin Street 85B-90C
Diamond Avenue 85D-85C
El Centro Street
Bank Street 51D-51C 51 C-53C
Oak Street 50B-50A
4 50B-50C
· 62C-628
Fremont Avenue 62B-62A
62C-62D
Raymond Lane _ 53A-538 53B-53C

TABLE E

PHASE I

ESTIMATED COST OF SEWER REPAIRS

REPAIR COST IN THOUSANDS
R&R PIPE REPAIR PRIORITY1 PRIORITY 2 PRIORITY 3 PRIORITY 4 (FT.) LATERAL (EA) 25 6
3 12
25 6
25 6
25 6
75 17
1 4
50- 11
25 6
25 6
2 8
50 12
25 6
75 . 17
100 23
25 6
25 6
50 12
4 16
25 6
1 4
4 16
50 12
75 17
100 23
25 6
2 8
75 17
50 12
50 12
100 23
850 85*
L
22 - 65
DVD NO. LOCATION MANHOLE NOS.

Ramona Avenue 93C-93D
Spruce Street 93D-94A
Elm Park 148A-148B 4 1488-39F
Empress Avenue 148C-148D 148D-148E
Oneonta Knoll 141 D-39C
85E-85F
· Diamond Avenue
85F-95B
Oak Street 85E-92E
33C-33D
35D-50C
Marengo 50C-32A
33E-33C
5 33B-33A
33A-13E
Edison Lane 76F-78A
13A-13B
Monterey Road 13C-13D
Brent Avenue 13A-52H
Huntington Drive 95C-95D
Fair Oaks Avenue 48C-48D
Laurel Street 46E-46D
Lyndon Street 51A-51B

TABLE E

PHASE I

ESTIMATED COST OF SEWER REPAIRS
.•

REPAIR COST IN THOUSANDS
R&R PIPE REPAIR PRIORITY1 PRIORITY2 PRIORITY3 PRIORITY 4 (FT.l LATERAL {EA) 580 58*
280 28*
530 53*
650 65*
170 38
25 6
1 4
25 6
5 20
1 4 ~ 50 12
3 12
· 50 12
1 4
50 12
1 4
50 12
25 6
2 8
1 4
25 6
2 8
75 17
1 4
25 6
75 17
1 4
100 · 23
25 6.
1 4
4 16
22 - 66
DVD NO. LOCATION MANHOLE NOS.

Fremont Avenue 630-608
Edison Lane 78B-86E
5 Fair Oaks Avenue 46C-29A 29A-29B·
" Fair Oaks Avenue 45B-45C
45B-45A
Huntinaton Drive 29B-62E
Laurel Street 49B-32A
6 49A-49B
Huntinaton Drive 29B-62E
Rollin Street 90B-90A
7 Beech Street 39D-141G
Fair Oaks Avenue 47B-47C 47C-47D
8 39F-39G
Fremont Avenue.
39G-39H
Mound Avenue 57H-76E
Mission Street 54E-54O
12G-89C
Bank Street
89C-47C
Huntinaton Drive 29J-32C
CO2 Marenao Avenue 32C-32B
Huntington Drive 29H-29J
Fair Oaks Avenue 47D-92C
Oak Street 92C-45C
Bank Street Easen 84F-89A · 89B-12G
Diamond Avenue 84D-84E 84E-84F

TABLE E

PHASE I

ESTIMATED COST OF SEWER REPAIRS

REPAIR COST IN THOUSANDS
R&R PIPE REPAIR PRIORITY 1 PRIORITY2 PRIORITY 3 PRIORITY 4 (FT.) LATERAL (EA)
1 4.
75 17
125 28
50 11
50 12
25 6
150 34
25 6
4 16
500 50*
75 17
50 12
6 24
25 6
50 12
25 6
1 4
100 23
100 23
1 4
50 12
1 , 4
125 28
1 4
75 17
3 17
75 17
2 8
1 .4
25 6
75 17
50 12
25 6
100 23
22 - 67
DVD NO. LOCATION MANHOLE NOS.

Grevelia Street 59H-67B
Lyndon Street 47B-88C
Donaldo Circle 13C-134F
Monterey Road 13G-13H
Hardison Place 133B-133A
127M-75B
Meridian Avenue 75B-75C 75C-75D
74E-127M
149 B-149A
Hermosa Place 149B-115A
115A-115B
115B-115C
CO2 120A-121D Pinecrest 120A-121A
"105B-131A
Monterey West 105C-105D
105E-105F
Monterey East · 12s~12c 12C-12D
87E-84C
Monterey West 87B-166G
97E-87A
132G-132DE
132O-132E
Pasadena Avenue 132E-132F
132F-132G
132F-11 BK
TOTALS

TABLE E

PHASE I

ESTIMATED COST OF SEWER REPAIRS

REPAIR COST IN THOUSANDS
R&R PIPE REPAIR PRIORITY 1 PRIORITY2 PRIORITY 3 PRIORITY 4 (FT.) · LATERAL (EA) 1 4
25 6
1 4
2 8
2 8
125 28
./
820 82*
25 6
270 61
90 20
240 54
230 52
50 12
480
75 17
25 6
50 17
25 6
75 17
100 73
50 12
50 12
50 ·12
50 12
50 12
170 36
280 63
11,643 73 630 1,104 346 309
22 - 68
,,
I
I
' I

PHASE II

SEWER VIDEO ANAL YSJS AND

CONDITION ASSESSMENT
PRl=PAREDFOR

CITY OF SOUTH PASADENA
SUBMITTED BY:

DMR Team, Inc.

July 9, 2010
Revised August 4, 201 0
22 - 69

INTRODUCTION
As part of the City's effort to identify Citywide sewer system structural defficienc!es, Phase 2 sewer video inspection of a 4 year inspection assessment and repair program has been completed. This report summarizes the results of the review and analysis of the video inspection, as well as the estimated cost of improvements for sewer lines that require attention. Moreover, based on the results of the Phases 1 & 2 assessments, an updated estimate of the repair cost is projected for the city's entire system.

RANKING CONSIDERATIONS
The sewer lines that were video in_spected have been categorized into four groups of "A", "B", "C'', & "D" depending on the condition of the lines within each reach.

Group «A" represents a no deficiency condition and Group "D" represents a high priority repair condition. Factors that were considered in rating a reach included root intrusion, Joint separation, cra<:::ks and sags, along with the frequency of occurrence and their ·severity.

Local problems that require spot repair have been evaluated under a separate grouping.

CONDITION ASSESSMENT
The rating of the condition of the sewer mains are tabulated in Table 1. The reaches are identified as referenced in the sewer video inspection from manhole to manhole and in the same sequence. · ·
In cases where there is a local condition that is significantly different that the condition of the main, the, reach has been rated without taking the local problem into account.

Local problems have been evaluated as a separate category, and prioritized according to the urgency of the required repair (see Table 2).

SEWER MAIN RANKING CLASSIFICATIONS
. Group "A" represents sewer mains in optimal pipe condition that did not reflect an issue needing action.

Group "B" represents sewer mains that do not have a structural deficiency. The mains in this group do not require immediate attention, nor is it anticipated that they would need to be repaired within the next 15 years.

Group "C" represents sewer mains that display minor structural deficiencies such as minor cracks, and require attention wit~in the next 10 years.

Group "D" represents sewer mains that exhibit more serious structural deficiencies such as multiple cracks and fractures, and in general need to be repaired within the · _first 5 years of the program ..
1 22 - 70

SPOT REPAIR RANKING CLASSIFICATIONS
Spot repairs have been categorized as Group I, II, Ill & IV depending on the severity of the required repair. Group I represents the most severe conditions, and Group 1V the least. Spot repair conditions have been classified as follows:

GROUP
II
f II
IV
. DEFICIENCY
Fractures, holes, missing pipe
Joint displacement, multipl,e cracks, sags ·
Hair line cracks
Root intrusion at lateral

RECOMMENDED REPAIR AND RECONNAISSANCE PROGRAM
The program is recommended · to have 2 distinct components of repair and reconnaissance. A 20 year period is envisioned to complete the first cycle of the program, with major repairs completed in the first 1 O years, minor repairs between 11 th and 15th year, and re-inspection of mains that are not currently subject to any repair work due to their good condition in the last 5 years.

Considering that Group "D" of the sewer mains and Group "[" of the sewer spot repairs represent the worst conditions in the system, they have been classified as priority 1 in the program,
Sewer mains with Group "C" classification that exhibited minor structural defficiencies, _and Group ll of the spot repair have been classified as priority 2 in the program.

Group III of the Sewer priority spot repair that deals with less serious and non structural defficiencies has been classified as priority. 3.

Video inspection and analysis of sewer mains with conditions "A'' & "B", along with the Group IV of the spot repairs have been· classified as priority 4.

INFORMATION TABLES
Table "A" shows the condition of the mains sorted alphabetically. Table "B" shows thi:} condition of the spot repairs sorted alphabetically. Table "C" ranks the condition of the mains from worst to best, and Table "D" ranks the condition of the spot repairs from worst to best.
2 22 - 71
Table "E" identifies the DVD number, location, manhole #s, lengths of repair, number of laterals, condition assessment and implementation phasing order, as well as estimated repair costs.

ESTIMATED PHASE 2 REPAIR COST
The following table reflects the summary of the review of Phases 1 & 2 Sewer Video Inspection, with repair description and respective priority and estimated cost. The repair cost has been estimated based on unit prices of $1°80/LF for removal and replacement of mains, and $4,000 per each lateral repair. 1 1-5 Group "D" mains, $ 989,000
and Group 1 of
s ot re airs
2 6-10 Group ''C" mains, $1,3901000
and Group II spot
. re airs
3 11-15 Group Ill spot $ 140,000
re airs
4 16-20 Group "N & "B" $ 580,000
mains and Group
IVs ot re airs
TOTAL $3,099,000
SUMMARY OF ESTIMATED REPAIR COSTS FOR PHASES 1 & 2
The following table reflects the overall cost summary of the review of Phases 1 & 2, Sewer Video Inspection, with repajr description and respective priority and estimated cost The repair cost has been estimated based on unit prices of $180/LF for removal and replacement of mains, and $4,000 per each lateral repair. 3 22 - 72
Group "D" mains . Group "D" mains
One to Five and Group I spot $ 630,000.00 and Group I spot $ 989,000.00 $ 1,619,000.00 repairs repairs
Group "C" mains Group "C" mains
2 Six to Ten and Grau p II spot $ 1,104,000.00 and Group II spot $ 1,390,000.00 $ 2,494,000.00 repairs repairs
3 Eleven to Fifteen Group Ill spot $ 346,000.00 Group Ill spot $ 140,000.00 $ 486,000.00 repairs repairs Group IV spot Group IV spot
4 · Sixteen to Twenty repairs and Group $ 309,000.00 repairs and Group $ 580,000.00 $ 889,000.00 "A" & "B" mains "A" & "B" mains
TOTAL $ 2,389,000.00 $ 3,099,000.00 $ 5,488,000.00

ESTIMATED REPAIR COSTS FOR THE ENTIRE SEWER SYSTEM
Phases 1 & 2. video inspection i.ncludes approximately half of the entire City's sewer · system.

Assuming that phases 1 & 2 deficiencies and costs are representative of the entire . system, a 20 year repair program would require the repair cost as shown below 1 1-5 Group "D" mains, $3,238,000
and Group I of
s ot re airs
2 6-10 Group "C" mains, $4,988,000
and Group II spot
re airs
3 11-15 Group Ill spot $972,000
re airs
4 16-20 Group "A" and "B" _ $1,778,000
mains and Group
IV s ot re airs
TOTAL $10,976,000
4 22 - 73
I '
·,.

The estimated repair cost shown above will be re-assessed as the results of the phases 3 and 4 video analysis becomes available.
20 YEAR PROGRAM BUDGET
Based on the estimated improvements costs for the ent[re City's sewer deficiency upgrade and addition of soft costs and video inspection, a total preliminary annual budget of $760,000 would be required:

REQUIRED WORK DESCR!PTJON
Estimated Construction Cost
Soft Cost (design, inspection, CM)
Video Inspection
Sub Total
10% Contingency
Total Cost
5 COST
$10,976,000
$ 2,500,000
$ 400,000
$13,888,000.
$ 1,389,000
$15,277,000 over a 20 year
period
$764,000 annually
22 - 74
TABLl:A

PHASE II
SEWER MAJN CONDITION {ALPHABETICAL ORDER OF STREET NAME) Location Limits Condition
Amherst Drive Wayne Aven_ue to Mid Pt. B*
Atlantic Boulevard Garfield Avenue to Pine Street s*
Beech Street Primrose Avenue to 2/3 Way s*
Bushnell Avenue Oak Street to Huntington Drive s*
Camden Avenue Oak Jane to 1/2 Point D
Camden Avenue Huntinqton Drive to 1/2 Point C
Chelton Way Edgewood Drive to Oak Street s*
Chelton Way Oaks Street to Edgewood Drive s*
Court Avenue Huntinaton Drive to NortherlvTerminus C
Court Avenue Oak Street to 1/2 Point s*
Edgewood Drive Milan Avenue to Wayne Avenue s*
Fair Oaks Avenue Maple Street to Alhambra Road s*
Fair Oaks Avenue Alhambra Road to Midway to Maple s*
Fletcher Avenue Oak to i/2 Point S s*
Fletcher Avenue Huntington Drive to Alhambra Road ·s*
Garfield Avenue Huntington Drive to Atlantic Boulevard B* Garfield Avenue Mill Road to Huntington Drive B *
Huntington Drive South Side to Court Avenue to Wavne Avenue D Huntington Drive N Side, Court Avenue to Garfield Avenue s* Huntington Drive Fletcher Avenue to Marengo Avenue s*
Huntington Drive South Side 10 La Senda Avenue to Bushnell Avenue s* Huntington Drive South Side, La Senda Place to Garfield Avenue s* Huntington Drlve N Fletcher Avenue to Court Avenue B*
Huntiriqton Drive S Morenao Avenue.to Bushnell Avenue 8 Indiana Avenue Monterey Road to El Centro Street s*
La France Avenue Huntington Dr. to Alhambra Road s*
La France Avenue Maple Street to Mid Block s*
La Senda Place Huntington Drive to Garfield Avenue s*
Laurel Street Milan Avenue to Marengo Avenue B*
Le Droit Drive Milan Avenue to Montrose Avenue s*
Le Drott Drive Montrose Avenue to Garfield Avenue s*
Leman Street Milan Avenue to Huntington Drive s*
Maple Street Fremont Avenue to Primrose Avenue s*
Milan Avenue Monterey Road to Huntington Drive c* &B*
Milan Avenue Monterey Road to Edgewood Drive s*
* . Der10tes Spot Repair Required. See Table "B" for Details DVD No.
1 10
2 5
3 3
1 4
3 3
1 4
11 1
10 11
6, 7&B
8 2
6 8
B
10 10.
11 2
11 5
3 1
9 2
4 2,_3,4
1 22 - 75

TABLE A

PHASE II
SEWER MAIN CONDITION (ALPHABETJCAL ORDER OF STREET NAME} Location Limits Condition
Milan Avenue Huntington Drive to Spruce Street s*
Milan Avenue Oxley Street to Monterey Road s*
Mission Street Montrose Avenue to Garfield Avenue s*
Mission Street Milan Avenue to Montrose Avenue A
Monterey Road Milan Avenue to Montrose Avenue s*
Mo'nterey Road Montrose Avenue to Garfield Avenue s*
Montrose Avenue Mission Street to Oxlev Street D
Montrose Avenue Oxley Street to Le Droit Drive s*
Montrose Avenue Mission Street to Garfield Avenue a*
Montrose Avenue Monterev Road to Le Droit A
Oak Meadow Lane Oak Street to Cul de Sac s*
Oak Street Milan Avenue to Mid Point to Chelton Wav D
Oak Street. Chelton Way to Garfield Avenue s*
Oak Street Chelton Way to Mid Point to Milan Avenue s*
Oak Street Stratford Avenue to Milan Avenue B*
Olive Street Pine Street to Huntington Drive s*
Oneonta Knoll Primrose Avenue to 1/2 Point g*
Oxley Street Montrose Avenue to Garfield Avenue s*
Pine Street Huntington Drive to Garfield Avenue s*
Primrose Avenue Hunting Drive to Maple Street s*
Primrose Avenue Maple Street to Alhambra Road 5*
Primrose Avenue Alhambra Road to Maple Road s*
Spruce Street Milan Avenue to Marengo Avenue s*
Soruce Street Milan to Southerlv Terminus A
Stratford Avenue Alono the Park D
Stratford Avenue Monterey Road to North of Park s*
Stratford Avenue Alhambra Road to Cul de Sac s*
Stratford Avenue Oak Street to Rollin Street s*
Stratford Avenue Oak street to Banks B*
Stratford Avenue Along Marengo Park s*
Wayne Avenue Amherst Drive to S. of Ashbourne Drive s*
Wayne Avenue Huntington Drive to Amherst Drive s*
Wayne Avenue Huntington Avenue to Oak Street s*
Wayne Avenue Huritlngton Drive and Oak Street s*
* Denotes Spot Repair Required. See Table "B" for Details DVD No.
6 9
6 2
9 8
1 1
2 9
g
4 3
4 5
6 2
7 6
2 4
9 3
6 1 ·
1 2
5 9
11 1
~
5&6
8 22 - 76
; '·
I
i
i
I
j

TABLE B

PHASE II
SPOT REPAIR CONDITION {ALPHABETICAL ORDER OF STREET NAME) Location Manhole No. Group DVD No.

Amherst Drlve 17D-127B I 1
Atlantic Boulevard 117E-117L II 10
Atlantic Boulevard 23B-28C ti 10
Beech Street 141F-141E I 2
Beech Street 141F-36D I 2
Bushnell Avenue 22B-22A II 5
Bushnell Avenue 22B-22E II 5
Camden Avenue 20B-20A I 3
Camden Avenue 20B-20C I 3
Camden Avenue 20C-27A IV 3
Chelten Way 19E-16D I 4
Chelten Way 16C-16B ll 1
Court Avenue 20D-20E II 3
Court Avenue 20G-20F II 3
Edoewood Drive 16C-17E II 1
Edgewood Drive 16C-17F II 1
Edqewood Drive 17F-17C !I 1
Fair Oaks Avenue 37A-37B I 4
Falr Oaks Avenue 38B-37A JI 4
Fletcher Avenue 23B-23A II 1
Fletcher Avenue 28H-24A II 1D
Fletcher Avenue 24A-24B ti 10
Fletcher Avenue 24B-24C 11 10
Garfield Avenue 117L-117K. Ill 11
Garfield Avenue 120-3D l 8
Garfield Avenue 120-3D I 7
Garfield Avenue 28-2A JV 7
Garfield Avenue 2C-28 Drop IV 7
Garfield Avenue 2C-2D IV 7
Garfield Avenue 2D-2E 111 6
Garfield Avenue 2E-3A IV ·7
Garfield Avenue 3A-3B IV 7
Garfield Avenue 3C-12D Ill 7
Garfield Avenue 4A-27H II 8
Garfield Avenue 4A-27H I! 8
Garfield Avenue 4B-4A II 8
Garfield Avenue 4B-4A II 8
Huntimiton Drive 27F-27G I 8
Huntinoton Drive 27H-27G l 8
HuntinQton Drive 27C-27D II 2
Huntinoton Drive 27C-27B II 2
Huntington Drive 25D-28C ll 6
Huntinqton Drive 25D-28B II 6
Huntinoton Drive 28B-28A II 6
Huntington Drive 27E-28K II 8
Huntinoton Drive 28K-28J II 8
HuntinQton·Drive 28K-28F II 8
Huntinoton Drive 27H-27G II 8
Huntington Drive N 27A-21B I 10
22 - 77
TABLE B .

PHASE II

SPOT REPAIR CONDITION (ALPHABETICAL ORDER OF STREET NAME) Location Manhole No. Group DVD No.

Huntinc:iton Drive N 28E-2-1 B I 10
Huntinoton Drive S 28G-28H I 10
HuntinQton Drive S 28J-28H 11· 10
Huntinaton Drive S 28G-28F. Ill 10
Indiana Avenue 131A-103D 1 11
Indiana Avenue 1D3D-104C I 11
Indiana Avenue 103C-82E I 11
La France Avenue 35B-35C I 2
La France Avenue 35C-35D I 2
La France Avenue 36B-36A II 2
La France Avenue 35D-35C II 11
La Senda Place 27C-126B [I 5
La Senda Place 126B-126A II 5
Laurel Street 25B-19F II 3
Le Droit Drive 11C-36 I 9
Le Drolt Drive 8D-8E ll 1
Le Droit Drive 11C-11B 111 9
Leman Street 26B-37D II 2
Leman Street 37D-37C II 2
Maole Street 38B-38A . I 4
Maole Street 38B-38C Ill 4
Milan Avenue 25B-25C I 3
Milan Avenue 15A-9C I g
Milan Avenue 15B-15A II 1
Milan Avenue 15B-15C II 1
Milan Avenue 15C-15D II 1
Milan Avenue 25B-19C 11 3
Milan Avenue 26B-26C 1l 4
Milan Avenue 26E-26F II 4
Mllan Avenue 25D-220B II 6
Milan Avenue 15D-19C II 4
Milan Avenue 26C-26D 111 4
Milan Avenue 26D-26E Ill 4
Mission Street 7E-2D Ill 6
Monterey Road 12B-12A III 9
Monterev Road 12D~12C I - 8
Monterey Road 12C-12B I 8
Montrose Avenue 7E-6A I 2
Montrose Avenue BO-BC 1II 1
Oak Meadow Lane '19D-232A 11 9
Oak Street 18B-18C I 3
Oak Street 18B-18A I 3
Oak Street 18D-18E II 3
Oak Street 18B-18C II 3
Oak Street 19D-19C II 4
Oak Street 19E-19D Ill 4
Oak Street 19B-19C Ill 5
Olive Street 117C-128E II 6
Olive Street 128E-128D II 6
22 - 78

TABLE B

PHASE II
SPOT REPAIR CONDITION (ALPHABETICAL ORDER Of STREET NAME) Location Manhole No. Group DVD No.

Oneonta Knoll 36B-1418 I 2
Oneonta Knoll 1418-141A fl 2
Oxley Street 3A-11A II 7
Pine Street 117C-117B I 6
Pine Street 117C-117D I 6
Pine Street 117D-117E II 6
Pine Street 117E-117F 11 6
Pine Street 117F-117G II 6
Pine Street 117B-117A Ill 6
Primrose Avenue 36G-36H I 4
Primrose Avenue . 36H-36G I 9
Primrose Avenue 36D-36E II 2
Primrose Avenue 36F-36G II 4
Primrose Avenue 36B-36A Ill 2
Primrose Avenue 36B-36C III 2
Primrose Avenue 36C-36D. 111 2
Primrose Avenue 36E-36F 111 2
Soruce Street 25C-25A 111 3
Stratford Avenue 129A-129B I 2
Stratford Avenue· 129D-129C II 9
Stratford Avenue 134B-134A II 2
Stratford Avenue 134C-134B 1 2
Stratford Avenue 14C-14A II 1
Stratford Avenue 14D-14C Ill 11
Stratford Avenue 19B-14D II 5
Wavne Avenue 17C-17D II 1
Wavne Avenue 17C-178 II 1
Wavne Avenue 17D-18C 11. 3
Wavne Avenue 18B-21A II 5
Wayne Avenue 21A-2B II 6
Wavne Avenue 21B-21A 111 .8
22 - 79
Condition
D
D
·D
D
D
c* &s*
C
C
s*
s*
.s*
s*
s*
g*
s*
s*
s*
s*
s*
s*
s*
s*
s*
s*
s*
s*
s*
B
s*
s*
s*
s*
s*
s*
s*
s*

TABLE C

PHASE II

SEWER MAIN CONDITION (WORST TO BEST)
Location Limits
Camden Avenue Oak lane to 1/2 Point
Huntinqton Drive South Side to Court Avenue to Wavne Avenue Montrose Avenue Mission Street to Oxley Street
Oak Street Milan Avenue to Mid Point to Chelton Wav
Stratford Avenue Alono the Park
Milan Avenue Monterey Road to Huntington Drive
Camden Avenue Huntinoton Drive to 1 /2 Point
Court Avenue Huntinoton Drive to Northerly Terminus
Amherst Drive Wayne Avenue to Mid Pt.

Atlantic Boulevard Garfield Avenue to Pine Street
Beech Street . Primrose Avenue to 2/3 Way
Bushnell Avenue Oak Street to Huntington Drive
Chelten Way Edgewood Drive to Oak Street
Chelten Way Oaks Street to Edgewood Drive
Court Avenue Oak Street to 1/2 Point
Edgewood Drive Milan Avenue lo Wayne Avenue
Fair Oaks Avenue Alhambra Road to Midway to Maple
Fair Oaks Avenue Maple .Street to Alhambra Road
Fletcher Avenue Huntington Drive to Alhambra Road
Fletcher Avenue Oak to 1/2 Point S
Garfield Avenue Huntington Drive·to Atlantic Boulevard •, Gartield Avenue Mill Road to Huntington Drive
Huntington Drive Fletcher Avenue to Marengo Avenue
Huntington Drive N Side, Court Avenue to Garfield Avenue Huntington Drive South Side to La Senda Avenue to Bushnell Avenue Huntington Drive South Side, La Senda Place to Garfield Avenue Huntington Drive N Fletcher Avenue to Court Avsnue
Huntington Drive S Morenoo Avenue to Bushnell Avenue
Indiana Avenue Monterey Road to El Centro Street
La France Avenue Huntington Dr. to Alhambra Road
La France Avenue Maple Street to Mid Block
La Senda Place. Huntington Drive to Garfield Avenue
Laurel Street Milan Avenu.e to Marengo Avenue
Le Droit Drive MIian Avenue to Montrose A1;1enue
Le Droit Drive • Montrose Avenue to Garfield Avenue
Leman Street Milan Avenue to Huntington Drive
* Denotes Spot Repair Required. See Table "B" for Details DVD No.
3 8

1. 4
1 2,3,4
3 3

1. 10
2 5 -
1 4
3 1
11 4
10 1
11 6, 7 &8
6 2
8 8
10 10
11 2
11 5
3 1

9. 2
22 - 80
I I
s*
s*
s*
s*
s*.
s*
s*
s*
s*
s*
s*
s*
s*
s*
s*
s*
s*
s*
s*
B *
s*
s*
s*
s*
s*
s*
s*
g*
s*
g*
A
A
A
TABLEC

PHASE II

SEWER MAIN CONDITION (WORST TO BEST)
Maple Street Fremont Avenue to Primrose Avenue
Milan Avenue Huntington Drive to Spruce Street
Milan Avenue Monterey Road to Edgewood Drive
Mllan Avenue Oxley Street to Monterey Road
Mission Street Montrose Avenue to Garfield Avenue
Monterey Avenue Milan Avenue to Montrose Avenue
Monterey Road Montrose Avenue to Garfield Avenue
Montrose Avenue Mission Street to Garfield Avenue
Montrose Avenue Oxley Street to Le Droit Drive
Oak Meadow Lane Oak Street to Cul de Sac
Oak Street Chelton Way to Garfield Avenue
Oak Street Chelton Way to Mid Point to Milan Avenue
Oak Street Stratford Avenue to Milan Avenue
Olive Street Pine Street to Huntington Drive
Oneonta Knoll Primrose Avenue to 1/2 Polnt
Oxley Street Montrose Avenue to Garfield Avenue
Pine Street Huntington Drive to Garfield Avenue
Primrose Avenue Alhambra Road to Maple Road
Primrose Avenue Huntington Drive to Maple Street
Primrose Avenue Maple Street to Alhambra Road
Spruce Street Milan Avenue to Marengo Avenue
Stratford Avenue Alhambra Road to Cui de Sac
Stratford Avenue Along Marengo Park
Stratford Avenue Monterey Road to North of Park
Stratford Avenue Oak Street to Banks
Stratford Avenue Oak Street to Rollin Street
Wayne Avenue Amherst Drive to S. of Ashbourne Drive
Wayne Avenue Huntington Avenue to Oak Street
Wayne Avenue Huntington Drive and Oak Street
Wayne Avenue Huntington Drive to Amherst Drlve
Mission Street Milan Avenue to Montrose Avenue
Montrose Avenue Monterev Road to Le Droit
Spruce Street Milan to Southerly Terminus
* Denotes Spot Repair Required. See Table "B" for Details 4 6
1 9
6 9
8 2
1 9
3 4
0 6
2 7
6 , 9
2 4
3 2
11 1
9 5
1 5&6
8 3
2 9
6 22 - 81
Group
I
I
I
I
j
I
I
I
I
I
I
I
I
I
I
I
[
I
I
j
I
I '
I
I
I
I
I
[
I
1 I
I
I
I
I
I
I
II
ll
II
11 II
II
II
II
II
!I
II
II
11 II
TABLED

PHASE II

SPOT REPAIR CONDITION (WORST TO BEST)
Location Manhole No. DVD No.

Amherst Drive 17D-127B 1
Beech Street 141F-141E 2
Beech Street 141F-36D 2
Camden Avenue 20B-20A 3
Camden Avenue 20B-20C 3
Chelten Wav 19E-16D 4
Fair Oaks Avenue 37A-37B 4
Garfield Avenue 120-30 8
Garfield Avenue 12D-3D 7
HuntinQton Drive 27F-27G · 8
Huntinoton Drive 27H-27G 8
Huntinoton Drive N 27A-21B 10
Huntin!=lton Drive N 28E-21B 10
Huntinoton Drive S 28G-2BH 10
Indiana Avenue 131A-103D 11
Indiana Avenue 103D-104C 11
Indiana Avenue 103C-82E 11
La France Avenue 35B-35C 2
La France Avenue 35C-35D 2
Le Droit Drive- 11C-3B g
Maple Street 38B-38A 4
Milan Avenue 25B-25C 3
MIian Avenue 15A-9C 9
Monterey Road 12D-12C 8
Monterev Road 12C-128 8
Montrose Avenue 7E-6A 2
Oak Street 18B-18C 3
Oak Street 18B-18A .3
Oneonta Knoll 36B-141B 2
Pine Street 117C-117B 6
Pine Street 117C-117D 6
Primrose Avenue 36G-36H 4
Primrose Avenue 36H-36G 9
Stratford Avenue 134C-134B 2
Stratford Avenue 129A-129B 2
AUantlc Boulevard 117E-117L 10
Atlantic Boulevard 23B-28C 10
Bushnell Avenue 22B-22A 5
Bushnell Avenue 22B-22E 5
Chelten Wav 16C-16B 1
Court Avenue 20D-20E 3
Court Avenue 20G-20F 3
Edgewood Drive 16C-17E i
Edqewood Drive 16C-17F 1
Edgewood Drive 17F-17C 1
Fair Oaks Avenue 388-37A 4
Fletcher Avenue 23B-23A 1
Fletcher Avenue 28H-24A 10
Fletcher Avenue 24A•24B 10
22 - 82
Group
II
II
II
ti
II
I!
I!
I!
II
!I
II
II
II
II
II
11 II
ll
II
II
Ir
!I
II
II
II
II
II
11 I!
II
II
!I
II
II
II
II
II
I!
II
II
II
!I
I!
II
II
!I
11 II
II
TABLED

PHASE II

SPOT-REPAIR CONDITION (WORST TO BEST)
Location Manhole No. DVD No.

Fletcher Avenue 24B-24C 10
Garfield Avenue 4B-4A 8
Garfield Avenue 4A-27H 8
Garfield Avenue 4B-4A 8
Garfield Avenue 4A-27H 8
Huntinaton Drive 27C-27D 2
Huntinaton Drive 27H-27G 8
Huntinoton Drive 27C-27B 2
Huntinaton Drive 25D-28C 6
Hu ntinaton Drive 25D-288 6
· Huntinaton Drive 28B-28A 6
Huntlnaton Drive 27E-28K 8
Huntinaton Drive 28K-2BJ 8
Huntinoton Drive 28K-28F 8
Huntinaton Drive S 28J-28H 10
La France Avenue 36B-36A 2
La France Avenue 35D-35C 11
La Senda Place 27C-126B 5
La Senda Place 126B-126A 5
Laurel Street 25B-19F 3
Le Droit Drive 8D-SE 1
Leman Street 26B-370 2
Leman Street 37D-37C 2
Milan Avenue 15B-15A :1
Milan Avenue 15B-15C 1
Milan Avenue 15C-15D 1
Milan Avenue 258-19C 3
Milan Avenue 26B-26C 4
Milan Avenue 26E-26F 4
Milan Avenue 25D-2208 6
Milan Avenue 15D-19C 4
Oak Meadow Lane 19D-232A 9
Oak Street 18D-18E 3
Oak Street 18B-18C 3
Oak Street 19D-19C 4
Olive Street 117C-128E 6
Olive Street 128E-128D 6
Oneonta Knoll 141B-141A 2
Ox!ev Street 3A-11A 7
Pine Street 117D-117E 6
Pine Street 117E-117F 6
Pine Street 1.17F-117G 6
Primrose Avenue 36D-36E 2
Primrose Avenue 36F-36G 4
Stratford Avenue 129D-129C 9
Stratford Avenue 134B-134A 2
Stratford Avenue 14C-14A 1
Stratford Avenue 19B-140 5
Wayne Avenue 17C-17D 1
22 - 83
Group
JI
11 II
II
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
!ll
Ill
Ill
Ill
Ill
Ill
!II
Ill
Ill
IV
IV
IV
IV
IV
IV
TABLED

PHASE II

SPOT REPAIR CONDITION (WORST TO BEST)
Location Manhole No. DVD No.

Wavne Avenue 17C-17B 1
Wavne Avenue 17D-1BC 3
Wavne Avenue 18B-21A 5
Wayne Avenue 21A-2B 6
Garfield Avenue 117L-i17K 11
Garfield Avenue 2D-2E 6
Garfield Avenue 3C-12D 7
Huntlnqton Drive S 28G-28F. 10
Le Droit Drive. 11C-11B 9
Maple Street 38B-38C 4
Milan Avenue 26C-26D 4
Milan Avenue 26D-26E 4
Mission Street 7E-2D 6
Monterev Avenue 12B-12A 9
Montrose Avenue 8D-SC 1
Oak Street 19B-19C 5
Oak Street 19E-19D 4
Pine Street 117B-117A 6
Primrose Avenue 36B-36A 2
Primrose Avenue 36B-36C 2
Primrose Avenue 36C-36D 2
Primrose Avenue 36E-36F 2
Soruce Street 25C-25A 3
Stratford Avenue 14D-14C 11
Wavne Avenue 21B-21A 8
Camden Avenue 20C-27A ~
Garfield Avenue 3A·3B 7
Garfield Avenue 2B-2A 7
Garfield Avenue 2C-2B Droo 7
Garfield Avenue 2C-2D 7
Garfield Avenue 2E-3A 7
22 - 84
DVD No. LOCATION MANHOLE NOS.

Montrose Avenue 8D-8C 8C-88
Le Droit Drive 80-8E
15B-15A
Milan Avenue 15B-15C
15C--150
16C-17E
1 Edgewood Drive 16C-17F 17F-17C
Chelton Wav 16C-16B
Wayne Avenue 17C--17D 17C-17B
Amherst Drive · 17D-127B
Fletcher Avenue 23B-23A
Stanford Avenue
14C-14A
14C-14O
36B-36A
36B-36C
Primrose Avenue 36C-36D
36D-36E
36E-36F
Oneonta Knoll 36B-141B 1418-141A
Beech Street 141F-36D 141F-141E·
2 Montrose Avenue 7E-6A
36B-36A
La France Avenue 35B-35C
35C-35D
134C-134B
134B-134A
Stratford Avenue 134C-129A
129A-129B
129B-129D
Milan Avenue 268-26A

TABLE E
PHASE II·

ESTIMATED COST OF SEWER REPAIRS
R&RPIPE REPAIR LATERAL PRIORITY1
(FT.) (EA)
25 1
325 59
100 1
125
225 1
175
60 75 14
75 2
25 150 1
25 i
150 3 27
50 2
50 400 72
25 25
25 25
50 100 18
150
150' 27
100 18
150 27
25 1
175 8 32
200 11 36
25 1 5
50 125· 23
175 4 32
305 55
5 REPAm COST IN THOUSANDS
PRIORITY2 PRIORITY3 PRIORJTY4
4 4
18 4
23 41 4
32 11
14 8
4 27 4
4 4
12 9 8
9 4
4 4
4 9
27 9 4
32 44
4 g
16 20
22 - 85
DVD No. LOCATION

MANHOLE
NOS.

Leman Street
268-37D
2 37D-37C
27C-27D
Huntington Drive 27C-27B
Court Avenue 20F-27B
Camden Avenue 20C-27A
Wavne Avenue 17D-18C
18B-18C
Oak Street 18D-18E
18B-18A
3 Milan Avenue 25B-19C 25B-25C
Laur:al Street 25B-19F
Spruce Street 25C-25A
Camden Avenue 20B-20A 20B-20C
Court Avenue
20O-Z0E
20G-20F
Chelton Way 19E-16D
Oak Street
19E-19D
19D-19C
Milan Avenue 15D-19C
Maple Street 388-38C 38B-38A
4 Fair Oaks Avenue 38B-37A 36F-36G
Primrose Avenue 36G-36H
26B-26C
Milan Avenue
26C-26O
26D-26E
26E-26F
Fair Oaks Avenue 37A-37B
5 Oak Street 19B-19C Stratford Avenue 19B-14D

TABLE E

PHASE II

ESTIMATED COST OF SEWER REPAIRS
R&R PIPE REPAIR LATERAL PRIORITY1
(FT.) · (EA)
50 200
50 150
450
300 5
75 1
25 1 5
25 1
100 18
100
200 4 36
150 1
75 400 72
100
75 25
200 36
50 2
330 60
375
50 2 9
50 250
250 10
100 1 18
100 4
75 75 5
200 4
75 1 14
50 2
75 REPAIR COST IN THOUSANDS
PRIORITY2 PRIORITY3 PRIORITY 4
g
36 g
36 81
54 20
14 4
4 5 4
18 16
18 4
14 18
14 5
9 8
68 8
45 45 40
4 18 16
14 14 20
36 16
4 g 8
14 22 - 86
DVD No. LOCATION

MANHOLE
NOS.

La Senda Place 27C~126B 1268-126A
5 Bushnell Avenue 22B-22A 22B-22E
Wayne Avenue 18B-21A
Wayne Avenue 21A-2B
25D-28C
Huntington Drive 25D-288
28B-28A
Milan Avenue 25D-220B
Pine Street 117C-117B
6 117B-117A
Olive Street 117C-128E 128E-128D
117C.:.1i7D
Pine Street
117D-117E
117E-117F
117F-117G
2C-2D
2D-2E
Garfield Street 2E-3A
2C-2B Dron
7 2B-2A
Mission Street 7E-2D
Oxlev Street 3A-11A
Garfield Avenue
3A-3B
3C-12D
Garfield Avenue 12D-30
Monterey Road 12D-12C
Garfield Avenue 4B-4A 4A-27H
8 27F-27E
Huntington Drive 27E-28K 27F-27G
28K-28J
----------~-
---------- ---~---· ---

TABLE E

PHASE II

ESTIMATED COST OF SEWER REPAIRS
R&R PIPE REPAIR LATERAL PRIORITY1
(FT.) (EA)
100
400
225 7
200 2
200 11
75 225
175
100
150 1
25 5
75 3
25 1
25 150
25 5
125
2 25
1 4
6 25
25 1
1 · 25 1 5
50 9
50 9
75 75
410 74
75 50 9
25 REPAIR COST IN THOUSANDS
PRIORITY2 PRIORITY3
18 72
41 36
36 14
41 32
18 27
14 4
4 27
23 4
4 4
4 14
14 14
4 PR10RITY4
28 8
44 4
12 4
8 4
16 24
4 4
4 22 - 87
DVD No. LOCATION

MANHOLE
NOS.
8 Wayne Avenue 21B-21A Huntington Drive 27H-27G
Stratford Avenue 1290-129C 36D-36E
Primrose Avenue 36H-36G
Oak Meadow Lane 19D-232A
9 Milan Avenue 15A-9C
Monterev Avenue 128-12A
Le Droit Drive
11C-3B
11C-11B
27A-21B
Huntington Drive N 27A-27B
ZBE-21B
Atlantic Boulevard
117E-117L
23B-28C
10 28G-28F
Huntington Drive S 28G-28H
28J-28H
28H-24A
· Fletcher Avenue 24A-24B
24B-24C
Garfield Avenue 117L-117K
Stratford Avenue 14D·14C
11 La France Avenue 35D-35C 131A-103D
Indiana Avenue 103D-104C
103C-82E
TOTALS
TABLEE

PHASE II

ESTIMATED COST OF SEWER REPAIRS
R&R PIPE REPAIR LATERAL PRIORITY1
(FT.) (EA)
25 1
100 18
25 2
2 100 2 18
25 75 1 14
25 1
100 18
50 100 1 18
75 100
75 50 2
25 75 14
125
225 6
200
75 25
25 25
75 14
75 14
175 32
13880 145 989

REPAIR COST IN THOUSANDS
PRIORITY2 PRIORITY3 PRIORITY 4
4 4
4 8
8 8
4 4
4 4
9 4
14 14
g 8
4 23
41 24
36·
14 4
4 4
1390 140 580
22 - 88

2. Current Sewer Rates
22 - 89
I

CITY OF SOUTH PASADENA
2010 Water, Sewer and Refuse Rate Adjustments
Dear South Pasadena Water, Sewer and Refuse customers:

This month's bill is longer than usual due to rate adjustments effective July 1,2010. The first part of your bill represents services received in June 2010, The second part is for services in July 2010.

Effective July 1,2010, the water and sewer rates have been adjusted per City Resolutions 7046, 7047 and 7048 adopted in May 2009, The old and new rates are presented below.

Water Bi-Monthly Charges Sewer Bi-Monthly Charges
Meter Charge Old Total NewTotal Sewer Charge Old Ne__i,.. }/4" $44.34 $51.00 Single Family $ 1267 $ 14.57
I" 62.08 71.40 Multi-Family 8.56 9,84
1 l/2" 79,82 91.80 Commercial 1267 14.57
2" 128,60 147.90
3" 487.84 561.00
4" 620.88 714.00 Refuse Bi-Monthly_Charges
6" 931.32 1,071-,02
•gll 1,286.10 1,479.02 Refuse Change .QlQ Ne~
Standard $ 69.60 $ 71.46
Consumption Charge Old Total NewTotal 3 Yard Bin 268.76 277.04 Per Hundred Cubic Feet of Cons umotion $0,92 $1.06 Roll-Off 4\6.60 424.54 Refuse rates, effective July 1,2010, reflect a.rate increase ofapproximately 2.67%. The increase is based on the percentage change in the Consumer Price Index from April 2009 to April 2010 and "pass through" incre_ase for increa~ed landfill fees per the contract approved by the City Council.

For further questions, contact-the Finance Department at (626) 403-7259 22 - 90
ARTicm II. FOG CONTROL PROGRAM http://www.qcode.us/codes/southpasadena/view.php?topfo=30-ii&s ... 1 of6
South Pasadena Municipal Code
.!J.p Pre.1t.ious N,ext Main ,Collapse ~arch No Frames
CHAPTER 30 SEWERS

30.20 FOG discharge requirement.

No FSE shall discharge or cause to be discharged into the sewer system FOG that exceeds a conceritration level adopted by a regulatory agef!-CY or that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the FSE to the sewer system. (Ord. No. 2186, § 2, 2009.)
~.<>'.2:1: f.OG pr_o_hi~itio_~~~ _ ...... .

The following prohibitions shall apply to all FSEs:
(a) No person shall discharge, or cause to be discharged any wastewater from FSEs directly or indirectly into the sewer system without first obtaining a FOG wastewater discharge permit pursuant to this chapter.
(b) Discharge of any waste, including FOG and solid materials removed from the grease control device .to the sewer system, is prohibited.
( c) The installation and use of food grinders. shall be prohibited in all new food service establishments that are located in new or existing buildings, in all existing food service establishments undergoing remodeling, and in all existing food preparation and service establishments undergoing remodeling or a change in operations such that they would become a commercial kitchen. ·
(d) Introduction of any additives into a food service establishment's wastewater system for the purpose of emulsifying or biologically/chemically treating FOG for grease remediation or as a supplement to interceptor maintenance, unless a specific written authorization from the director is obtained. (e) . Disposal of waste cooking oil into drawage pipes. (f) The discharge.of wastewater froin dishwashers to any grease traps or grease interceptor. (g) Discharge of wastewater with temperature in exc~ss of one lrundred forty degrees Fahrenheit to any grease control device, including grease traps and grease interceptors. · (h) Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal material to sewer lines intended for grease interceptor service, is prohibited. (i) A grease removal device should not be considered properly maintained if for any reason it is not in good working condition, or if sand, oil, sludge, and grease accumulations total more than twenty-five percent of the operative fluid capacity.

G) The discharge of any waste or FOG to the sewer system in a manner which either violates the California State Water Resources Control Board's Sewer WDRs or causes or contributes to condition which fails to comply with any of the provisions of the sewer WDRs is prohibited. (Ord. No. 2186, § 2, 2009.) ·

30.22 FOG wastewater discharge permit required.
(a) FSEs proposing to discharge or currently discharging wastewater containing FOG into the city's sewer system shall obtain a FOG wastewater discharge permit from the city within either (1) one hundred eighty days from the effective date of the ordinance codified in this chapter; or (2) at the time any FSE applies 11/15/2011 4:24 PM
22 - 91
I
ARTICLE II. FOG CONTROL PROGRAM http://www.qcode.us/codes/southpasadenalview.php?topic=30-ti&s ... 2 of6
for or renews its annual business license from the city. Compliance with this chapter must be demonstrated at the time any business license is issued, provided that the director may extend the compliance date for no more than ninety days after the date of the issuance of the license. (b) FOG wastewater discharge pennits shall be expressly s~bject to all provisions of this chapter and all other regulations, charges for use, and fees established by the city. The conditions of FOG wastewater discharge permits shall be enforced by the city in accordance with this chapter and applicable state and federal ~~- ' '
( c) The city shall not issue a certificate of occupancy for any new construction, or occupancy unless a FSE has fully complied with the provisions of this chapter. (Ord. No. 2186, § 2, 2009.) Any person required to obtain a FOG wastewater discharge permit shall complete and file with the c_ity prior to commencing discharges, an application in a fonn prescribed by the director and shall provide the city such information and documents as the director determines is necessary and appropriate to properly evaluate , the ·application. The applicable fees shall accompany this application. After evaluation of the data furnished, the director may issue a FOG wastewater discharge pennit, subject to tenns and conditions set forth in this chapter and as otherwise determined by ~ director to be appropriate to protect the city's sewer system. (Ord.

No. 2186, § 2, 2009.)

30.24 _FOG wastewater discharge_ permit conditions ........ -....... ........ ________ ...... , ___________________________ ................ --.. ··--·-····· The issuance of a FOG wastewater discharge pennit may contain any of the following conditions or limits as determined by the director:
(a) Limits on discharge of FOG and other priority pollutants; (b) Requirements for proper operation and maintenance of grease interceptors and other grease control devices;·
. ( c) Grease interceptor maintenance frequency and schedule; ( d) Requirements for implementation of best management practices and installation of adequate grease . interceptor and/or grease control device;
(e) Requirements for maintaining and reporting status of best management practices; (f) Requirements for maintaining arid submitting logs and records, including waste hauling records and waste manifests;
(g) Requirements to self-monitor;
(h) Requirements for the FSE to construct, operate and maintain, at its ovvn expense, FOG control device and sampling facilities;
(i) Consent by the operator of the FSE for the city and other regulatory agencies to inspect the FSE to corrfirrn compliance with this chapter, the NPDES permit and other applicable laws, rules and regulations, ·including any NPDES pennit applicable to the city;
G) Additional requirements as otherwise detennined to be reasonably appropriate by the director to protect the city's system or as specified by other regulatory agencies; (k) Other terms and conditions, which may be reasonably applicable to ensure compliance with this chapter as detennined by the director. (Ord. No. 2186, § 2, 2009.)

30.25 FOG wastewater discharge permit fee.
11/15/2011 4:24 PM
22 - 92
ARTICLE Il. FOG CONTROL PROGRAM http://www.qcode.us/codes/southpasadena/view.php?topic=30-ii&s ... 3 of6
The FOG wastewater discharge permit fee shall be paid by the applicant in an amount adopted by resolution of the city council. PayIIJ.ent of permit fees must be received by the city prior to issuance of either a new pennit or a renewed permit. A permittee shall also pay any delinquent invoices in full prior to permit renewal. ·(Ord. No. 2186, § 2, 2009.) . . .

30.26 FOG wastewater discharge permit modifications of terms and conditions. (a) The tenns and conditions of an issued permit may be subject to modification and change by the sole detennination of the director during the life of the permit based on:
(1) The discharger's current or anticipated operating data; (2) The city's current or anticipated operating data;
(3) Changes in the requirements of regulatory agencies which affect the city; or (4) · A detemrination by the director that such modification is appropriate to further the objectives of this chapter.
(b) The pennittee may request a modification to the tenns and conditions of an issued pennit. The request shall be in writing stating the requested change, and the reasons for the change. The director shall review the request, make a determination on the request, and respond in writing. ( c) The permittee shall be informed of any change in the permit limits, conditions, or requirements at least forty-five days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (Ord. No. 2186, § 2, 2009.) 30'.27 FOG wastewater.discharge permit duration and. renewal. ___ ····················-·-······· ......................... ·-·········-···-··········· FOG wastewater discharge permits shall be issued for a period not to exceed five years. Upon expiration of the permit, the discharger shall apply for renewal of the permit in accordance with the provisions of this chapter. (Ord. No. 2186, § 2, 2009.)
3_0.28 Exemption from. FOG wastewater. discharge permit .. _ . -··· ·-····· ....... ··-·······-· ......... -..... ·······-· ·····-.. ·-····-·-···· ······--·· A li:inited food preparation establishment is not considered a FSE for the purposes of this chapter and is exempt from obtaining a FOG wastewater discharge permit. Exempted establishment shall be engaged only in reheating, bot holding or assembly ofready to eat food products and as a result, there is no wastewater discharge contairung significant amount of FOG. A lilnited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food. (Ord. No. 2186, § 2, 2009.) (a) FOG wastewater discharge pem1its issued under this chapter are for a specific FSE, for a specific ope1·ation and create no vested rights.
(b) No pennit holder shall assign, transfer or sell any FOG wastewater discharge permit issued under th.is chapter nor use any such permit for or on any premises or for facilities or operations or discharges not expressly encompassed within the underlying permit.
(c) Any pennit, which is transferred to a new owner or operator or to a new facility, is void. (Ord. No. 2186, § 2, 2009.)
30~.30 Best management practices required.
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. All FSEs shall implement best management practices in its operation to minimize the discharge of FOG · to the sewer system.
(a) Installation of Drain Screens. Drain screens shall be installed on all draining pipes in food preparation areas. Clean drain screens frequently by placing the collected material in the garbage. (b) · Disposal of Food Waste. All food waste shall be disposed of directly into the trash or garbage and not in sinks.
(c) Segregation and Collection of Waste Cooking Oil. Licensed waste haulers or an approved recycling facility must be used to dispose of wa~te cooking oil.
( d) Maintenance of Kitchen Exhaust Filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning the exhaust filters shall be disposed properly.
( e) Kitchen Signage. Best management and waste minimization practices shall be po.sted conspicuously in the food preparation and dishwashing areas at all times:
· (f) Employee Training. Employees of the food service establishment shall be trained by ownership within one hundred eighty days of notification, and twice each calendar year thereafter, on the following subjects:
(1) How to "dry wipe" pots, pans, dishware, and work area before washing to remove grease; (2) How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash ~ bins or containers to prevent leaking and odors;
(3) The location and use of absorption products· to clean under fiyer baskets and other locations .where grease may be spilled or dripped;
, ( 4) How to properly dispose of grease or oils from cooking equipment into a grease receptacle such as a barrel or drum without spilling.

Training shall be documented and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for review at any reasonable time by or other _authorized inspector. (Ord. No. 2186, § i, 2009.) 30,31. FSEs. FOG _pretreatment .required.··---
FSEs shall install ari approved grease control device and regularly maintain it so as to prevent excessive discharges of grease and oil into the public sewer. Exceptions to the installation of a grease and oil interceptor shall be dete~ned on a case-by-case basis by the director. (Ord. No. 2186, § 2, 2009.) ~Q'.3.~ f.9q.Pr.~:tr~~~~~11trE!gµ_i_i:E!d..fQr.n.~~ fQ[l~~r:1:1.~!i~rt~U<?<!~ ~E!.r.Y..i.~13 .~s.ta.~H!.irime..r:i.ts~ ................. _ .... .

AU new construction of food service establishments and those undergoing a significant remodel s4all · install a grease interceptor prior to commencing discharge of wastewater to sewer system. (Ord. No .. 2186, § 2, 2009.)
:30~.~~ yariar.ice and wc1ive,r. of gr~ase .. lr.!tercep.tor, .re.quirer.nent. . (a) Variance from Grease Interceptor Requirements. A variance or a conditional waiver from the grease interceptor requirements on such te1ms and conditions as may be established by the director, consistent with the requiremen.ts of the sewer WDRs, the city's FOG control program, and bes~ construction, engineering, environmental and health and safety practices, to: (1) allow alternative pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor, may be granted by the 11/15/2011 4:24 PM
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i
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director to FSEs demonstrating to the director's satisfaction that it is impossible to install, operate or maintain a grease interceptor; or (2) where the FSE demonstrates to the director's_ satisfaction that any FOG discharge from the FSE is negligible and will have an insignificant impact to the sewer system. (b) Waiver from Grease Interceptor Installation with a Grease Disposal Mitigation Fee. For FSEs where the installation of grease interceptor is not feasible and no equivalent alternative pretreatment can be installed, a waiver from the grease interceptor requirement may be granted with the imposition of a grease disposal mitigation fee as described in section 30.34. The director's detennination to grant the waiver with a grease disposal mitigation fee will be based upon such considerations that the director determines to be appropriate and consistent with the sewer WDRs, the city's FOG control program, and best construction, engineering, environmental and health and safety practices. Provided, however, that a grease interceptor will be installed when the FSE undergoes a significant remodel. No discretionary permit, including but not limited to a conditional use permit, shall be issued to a FSE unless the applicant can demonstrate that a grease interceptor has been or will be installed at the FSE. ·
(c) Application for Waiver or Variance of Requirement for Grease Interceptor. A FSE may submit an application for waiver or variance from the grease interceptor requirement to the director. Terms and conditions for issuance of a variance to a FSE shall be set forth in the permit. A waiver or viiriance may be revoked at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the wa.iver was based change so that the justification for the waiver no longer exists. (Ord. No. 2186, § 2, 2009.)

30.34_ Grease disposal mitigation fee,
(a) · FSEs that operate without a grease control interceptor may be required to pay an annual grease disposal mitigation fee to equitably cover the costs of increased maintenance and administration of the sewer system as a result of the FSEs' inability tb adequately remove FOG from its wastewater discharge. This section shall not be interpreted to allow a new FSE, or existing FSEs undergoing remodeling or change in operations, to operate without an approved grease interceptor unless the director has detennined that it is impossible to install or operate a grease control interceptor for the FSE under the provisions of this chapter. (b) The grease disposai mitigation fee shall be established by resolution ofthe city council, and shall be based on the estimated annual increased cost of maintaining the sewer system for inspection and removal of FOG and other viscous or solidifying agents attributable to the FSE resulting from the lack of a grease interceptor or grease control device and such other costs that the city council consid_ers appropriate. ( c) The grease disposal mitigation fee may not be waived or reduce.d when the FSE does not comply. with the minimum requirements of this chapter. (Ord. No. 2186, § 2, 2009.)

3.0.35. Grease_ interc·eptor .maintena_nce. requirements. __ --· _______ _ (a) Grease interceptors shall be maintained in efficient operating condition by periodic removal of the full content of the interceptor. which includes wastewater, accumulated FOG, floating materials, sludge and - solids. · ·
(b) Wastewater, accumulated FOG, floating material, sludge/solids, and other materials removed from the grease interceptor shall be disposed off site properly by waste haulers in accordance with federal, state and/or local laws. ·
(c) Grease interceptors shall be fully pumped out and cleaned on a quarterly basis. The agency may change the maintenance frequency at any time to reflect changes in actual operating conditions in accordance with the FOG control program. Based on the actual generation of FOG from the food service establishment, the maintenance frequency may increase or decrease.
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( d) The pennittee shall be required to keep all documents identified by the director relating to its compliance with this chapter, including manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier and disposal site location for no less than two years. The permittee shall, upon request, make the manifests, receipts and invoices available to any city representative, or inspector.
( e) If the grease interceptor, at any time, contains excess FOG and solids accumulation the FSE shall be required to have the grease interceptor serviced immediately such that all'fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor. If deemed necessary, the director may also increase the maintenance :frequency of the grease interceptor from the current :frequency. (Ord. No. 2186, § 2, 2009.)

30.3.6 .. FOG,.inspections ............. ............................. ····---·································--· .......................................................................................................... .

The director, or representative, shall be authorized at any reasonable time to enter the premises of any discharger to detennine compliance with the provisions of this chapter; such inspection may include but not be limited to: inspection, sampling, monitoring, review, photograph, videotape and copy of any records, reports, test results or other data, wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities and discharge locations. (Ord. No. 2186, § 2, 2009.) · ~.9.,=3.7...F.9§. iry~pe.c:~i_ci.~~f~.~~·~··---··············· .. · ..······· ..········· ············•··· ........................................................................................................................................ .

The amount of FOG inspections fee shall be established by resolution of the city council as amended from time to time in accordance with provisions of this chapter. (Ord. No. 2186, § 2, 2009.) 11/15/20114:24 PM
DATE:

City Council
Agenda Report
December 7, 2022
ITEM NO. ----< 23
FROM: Armine Chaparyan, City Manager �
PREPARED BY: Angelica Frausto-Lupo, Community Development Director Ayla Jefferson, Building Official
SUBJECT: Adoption of Urgency and Second Reading and Adoption of Regular Ordinances by Reference of the 2023 Los Angeles County Building, Residential, Electrical, Mechanical, Plumbing and Existing Building Codes with Certain Amendments,
Additions and Deletions thereto by Amending Chapter 9 Article 1 of the South Pasadena Municipal Code and Add New Section to Article 2 of Chapter 9 to Comply with AB 1236 and AB 970 to Expedite Permitting for Electrical Vehicle Charging Stations Recommendation
It is recommended that the City Council:

1. Hold a Public Hearing to hear any objections to an Ordinance and Urgency Ordinance both adopting by reference and amending the 2023 Los Angeles County Building, Residential, Electrical, Mechanical, Plumbing, and Existing Building Codes;

2. Read by title only and waive further reading for the second reading of an Ordinance adopting by reference and amending the 2023 Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential, and Existing Building Codes;

3. Read by title only and waive further reading of an Urgency Ordinance adopting by reference and amending the 2023 Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential, and Existing Building Codes;

4. Find that adoption of the proposed Ordinance and Urgency Ordinance are exempt from the provisions of the California Environmental Quality Act because such actions Section 15061 (b )(3) of Title 14 of the California Code of Regulations;

5. Adopt the Ordinance on Second Reading; and

6. Adopt the Urgency Ordinance.
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Adoption of Urgency and Second Reading of Building Code to Modify Chapter 9, Articles I and II December 7, 2022