amendment to the Agreement with LandCare to include maintenance at the newly constructed Arroyo Seco Bicycle and Pedestrian Trail for a total monthly maximum amount of $25,738.15. On March 15, 2021, the City entered into a second amendment to extend the Agreement through December 31, 2022 for a total monthly maximum amount of $25,870.68. A third contract amendment extended the agreement through the third quarter of Fiscal Year (FY) 2022-23, from January 2023 through March 2023, for a total monthly maximum amount of $37,357.96. This fourth contract amendment would provide landscape maintenance services through the fourth quarter of Fiscal Year (FY) 2022-23, from April 2023 through June 2023, while staff finalizes a new contract for City Council approval.
Fiscal Impact
Adequate funding for this bridge agreement is available in the FY 2022-23 adopted budget for landscape maintenance services including $448,000 appropriated to Park Maintenance Contract Services Account No. 101-6010-6410-8180-000, $131,250 appropriated to Median Strips Contract Services Account No. 215-6010-6416-8180-000, $15,000 appropriated from Prop ‘A’ Maintenance Account No. 232-6010-6417-8180-000, and $24,000 Water Distribution Contract Services Account No. 500-6010-6710-8180- 000, for a total of $618,250 of available funding. To date, $146,124.54 of this amount has been expended for landscaping services in the current fiscal year.
Environmental Analysis
This item is exempt from the California Environmental Quality Act (CEQA) analysis based on State CEQA Guidelines Section requirements under Section 21084 of the Public Resources Code, in accordance with Article 19, Section 15301, Class (1) "existing facilities."
Key Performance Indicators and Strategic Plan
This item is related to routine landscaping maintenance and is not associated with a Key Performance Indicator, however, there is a relation to the 2021-2026 Strategic Plan with regard to implementation of the Climate Action Plan, and the electric-only equipment requirements of the City’s Landscaping Services contract.
Commission Review and Recommendation
This item was not reviewed by a City Commission.
Public Notification
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.
Attachments
1. Proposed Fourth Amendment to Maintenance Agreement with LandCare
2. LandCare Approved Maintenance Agreement
3. First, Second, and Third Contract Amendments with LandCare 15 - 2
ATTACHMENT 1
Proposed Fourth Amendment to Maintenance Agreement
with LandCare
15 - 3
THIS PAGE
INTENTIONALLY
LEFT BLANK
15 - 4
FOURTH AMENDMENT TO
MAINTENANCE AGREEMENT
THIS AMENDMENT (“Amendment”) is made on this 19th day of April 2023, by and between the CITY OF SOUTH PASADENA (“CITY”) and LANDCARE (“CONTRACTOR”).
RECITALS
WHEREAS, on January 23, 2018, the City entered an Agreement with the Contractor, to provide landscape maintenance throughout South Pasadena at parks, medians, facilities, and grounds for a total monthly maximum amount of $25,428.15; and
WHEREAS, on August 15, 2018, the city entered a First Amendment Agreement with the Contractor to include maintenance at the newly constructed Arroyo Seco Bicycle and Pedestrian Tral for a total monthly maximum amount of $25,738.15; and WHEREAS, On March 15, 2021; the city entered a Second Amendment Agreement on the same terms as set forth in the Agreement and the First Amendment Agreement for an additional two years, through December 31, 2022 for a total monthly maximum amount of $25,870.68; and
WHEREAS, On December 21, 2022; the city entered into a Third Amendment Agreement on the same terms as set forth in the Agreement and the First and Second Amendments for an additional three months years, through March 31, 2023, and for a total monthly maximum amount of $37,357.96; and
WHEREAS, the Payment for Services in the Agreement shall not exceed the Maximum Amount of the Agreement, as amended, unless the City has given specific advance approval in writing; and
WHEREAS, it is recommended Contractor continue to perform landscape maintenance services for the City during an interim period in the fourth quarter of Fiscal Year 2022-2023 through June 30, 2023; and
WHEREAS, the costs for said services, on an as-needed basis, shall be in an amount not to exceed a total monthly maximum amount of $37,357.96. 15 - 5
NOW, THEREFORE, THE CITY AND THE CONTRACTOR AGREE AS FOLLOWS:
1. That Section 3.5 “Termination Date” of the Agreement is amended to June 30, 2023.
2. That all other terms, conditions, and provisions of the Agreement to the extent not modified by this Amendment, shall remain in full force and effect. “City”
City of South Pasadena
By:________________________________
Signature
Printed: Arminé Chaparyan
Title: City Manager
Date:______________________
“Contractor”
Landcare
By:______________________________
Signature
Printed:___________________________
Title:_____________________________
Date:______________________
Attest:
By:__________________________
Mark Perez, Deputy City Clerk
Date:________________________
Approved as to form:
By:___________________________
Andrew L. Jared, City Attorney
Date:________________________
15 - 6
ATTACHMENT 2
LandCare Approved Maintenance Agreement
15 - 7
THIS PAGE
INTENTIONALLY
LEFT BLANK
15 - 8
15 - 9
1. IDENTIFICATION
MAINTENANCE AGREEMENT
Providing Payment of Prevailing Wages
(City of South Pasadena/ LandCare)
This MAINTENANCE AGREEMENT ("Agreement") is entered into by and between the City of South Pasadena, a California municipal corporation ("City"), and LandCare ("Contractor").
2. RECITALS
2.1. City has determined that it requires the following recurring maintenance services from a contractor: Landscape maintenance of City parks, medians, facilities, and grounds, as described herein.
2.2. Contractor represents that it is fully qualified to perform such maintenance services by virtue of its experience and the training, education and expertise of its principals and employees. Contractor further represents that it is willing to accept responsibility for performing such maintenance services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:
3. DEFINITIONS
3.1. "Scope of Services": Such maintenance services as are set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference.
3.2. "Agreement Administrator": The Agreement Administrator for this project is Paul Toor, 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 Contractor
3.3. "Maximum Amount": The highest total compensation and costs payable to Contractor by City under this Agreement. The Maximum Amount under this Agreement is twenty five thousand four hundred twenty eight dollars and fifteen cents ($25,428.15) per month. Breakdown of the cost of each item is included in the Contractor's Bid Maintenance Services Agreement
Page I of 57
Authorized for Use 11.15.16
15 - 10
Proposal and Rate Sheet attached hereto as Exhibit B and incorporated herein by this reference.
3.4. "Commencement Date": January I, 2018.
3.5. "Termination Date": December 31, 2020.
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 16 ("Termination") below. The contract may be extended for an additional two years under the same terms and conditions at the sole discretion of the City Manager or his/her representative, unless earlier terminated as provided in Section 16 herein. If the City desires to exercise the two year renewal option, the City shall notify the Contractor in writing. If the Contractor desires to adjust the rates as set forth in Exhibit B for such extension period, Contractor shall give City written notice sixty (60) days in advance for such adjustment.
In no case shall said adjustment exceed the increase (or decrease) represented by the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumers for the Los Angeles-Anaheim-Riverside standard Metropolitan Statistical Area ("Index") for September of the term then expiring from the Index for September one year prior thereto.
5. CONTRACTOR'S DUTIES
5.1. Services. Contractor 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. No additional work should be performed unless otherwise authorized by the City in writing.
5.2. Performance to Satisfaction of City: Contractor agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Contractor agrees that the services rendered pursuant to this Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional organization rendering the same or similar services. Evaluations of the work will be done by the Agreement Administrator of their designee. If the quality of the work is not satisfactory, the City in its sole discretion has the right to:
• Meet with the Contractor to review the quality of the work and resolve the matter of concern;
Maintenance Services Agreement
Authorized for Use l l.15.16
15 - 11
• Require the Contractor to repeat the work at no additional fee until satisfactory; and/or
• Terminate the Agreement as hereinafter set forth.
5.3. Coordination with City. In performing services under this Agreement, Contractor shall coordinate all contact with City through its Agreement Administrator.
5.4. Budgetary Notification. Contractor shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Contractor shall concurrently inform the Agreement Administrator, in writing, of Contractor'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.
5.5. Business License. Contractor shall obtain and maintain in force a City business license for the duration of this Agreement.
5.6. Professional Standards. Contractor shall perform all work to the highest standards of Contractor's profession and in a manner reasonably satisfactory to City. Contractor 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 Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
5.7. Appropriate Personnel. Contractor 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 Contractor or under its supervision or by subcontractor(s) of Contractor, and all personnel engaged in the work shall be qualified to perform such services. Cody Martin shall be Contractor's project administrator and shall have direct responsibility for management of Contractor's performance under this Agreement. No change shall be made in Contractor's project administrator without City's prior written consent.
5.8. Prevailing Wages. This Agreement is subject to the prevailing wage law as more fully set forth in Section 8 (Labor Code), for all work performed under this Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Contractor acknowledges that prevailing wage determinations are available for work performed under this Agreement.
5.9. Permits and Approvals. Contractor shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary, if any, for Contractor's performance of this Agreement including, but not limited to, professional licenses and permits.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 12
5.10. Notification of Organizational Changes. Contractor shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Contractor's firm or of any subcontractor. Change of ownership or control of Contractor's firm may require an amendment to this Agreement.
5.11. Records. Contractor 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 Contractor 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.
6. SUBCONTRACTING AND ASSIGNMENT
6.1. General Prohibition On Assignment. This Agreement covers services of a specific and unique nature. Except as otherwise provided herein, Contractor shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2. Contractor Responsible. Contractor shall be responsible to City for all services to be performed under this Agreement.
6.3. Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein unless (1) such subcontracting is specifically described in the proposal attached hereto or (2) the City provides prior written approval. In any event, Contractor shall supervise all work subcontracted by Contractor in performing the services described in the Scope of Services and shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work. The subcontracting of any work shall not relieve Contractor from any of its obligations under this Agreement with respect to the services described in the Scope of Services. Contractor is obligated to ensure that any and all subcontractors performing any services under this Agreement shall be fully insured in all respects and to the same extent as set forth under Section 13 (Insurance), to City's satisfaction.
6.4. Compensation for Subcontractors. Contractor shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 13
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 Contractor for the services provided under this Agreement, and Contractor agrees to accept payment, the Maximum Amount in full satisfaction for such services. Compensation shall not exceed the Maximum Amount.
Contractor shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
7.2. Invoices. Contractor 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. Contractor shall include a copy of each subcontractor invoice, if any, for which reimbursement is sought in the invoice.
7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Contractor except as otherwise required by law. Contractor 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 Contractor.
8. LABOR CODE
8.1. Prevailing Wage Law. Prevailing Wage Law. This Agreement is subject to the requirements of the prevailing wage laws, including, but not limited to, Labor Code Section 1720 et seq., and Labor Code Section 1770 et seq., as well as Code of Regulations, Title 8, Section 16000 et seq., which require payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Contractor shall defend, indemnify, and hold harmless City, and its officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of failure or alleged failure of Contractor to comply with such prevailing wage laws.
8.2. Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, the Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification.
8.3. Forfeiture. Contractor shall forfeit as a penalty to City Two Hundred Dollars ($200.00), or any greater penalty provided in the Labor Code, for each calendar day, Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 14
or portion thereof, for each worker paid less than the prevailing wage rates for any work done under this Agreement employed in the performance of the Scope of Services by Contractor or by any subcontractor of Contractor in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Contractor.
8.4. Apprentices. Contractor shall comply with the provisions of Labor Code 1777 .5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code 1777.5.
8.5. Payroll Records. Pursuant to Labor Code 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of pe1jury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code 1811 and Labor Code 1815 for any work performed by his or her employees on the public works project. The payroll records shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code 1776.
8.6. 8-Hour Work Day. This Agreement is subject to 8-hour work day and wage and hour penalty laws, including, but not limited to, Labor Code 1810 and Labor Code 1813. Contractor and any subcontractor(s) of Contractor shall strictly adhere to the provisions of the Labor Code regarding 8-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Pursuant to the Labor Code, eight hours' labor shall constitute a legal day's work. Work performed by Contractor's employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City $25.00, or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
Maintenance Services Agreement
Authorized for Use l l.15.16
15 - 15
8.7. Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code 1771 and Labor Code 1725.5 requiring registration with the Department of Industrial Relations (DIR).
9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material ("written products" herein) developed by Contractor 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 Jaw. Contractor 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 Contractor.
10. RELATIONSHIP OF PARTIES
10.1. General. Contractor is, and shall at all times remain as to City, a wholly independent contractor.
10.2. No Agent Authority. Contractor 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 Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not 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 Contractor or its employees look to the City as an employer. Contractor shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Contractor's previously earned California Public Employees Retirement System ("CalPERS") retirement benefits, if any, and Contractor specifically assumes the responsibility for making such a determination. Contractor 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 Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 16
11. INDEMNIFICATION
11.1. Definitions. For purposes of this Section 11, "Contractor" shall include Contractor, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Contractor or its subcontractors, in the performance of this Agreement. "City" shall include City, its officers, agents, employees and volunteers.
11.2. Contractor to Indemnify City. To the fullest extent permitted by law, Contractor 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 Contractor's alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Contractor 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. Contractor 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.
Contractor 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.
11.5. Defense Deposit. The City may request a deposit for defense costs from Contractor with respect to a claim. If the City requests a defense deposit, Contractor shall provide it within 15 days of the request.
11.6. Waiver of Statutory Immunity. The obligations of Contractor under this Section 12 are not limited by the provisions of any workers' compensation act or similar act.
Contractor expressly waives its statutory immunity under such statutes or laws as to City.
11.7. Indemnification by Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 12 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Contractor'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. Contractor's indemnification obligations apply regardless of whether or not any insurance policies Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 17
are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
12. INSURANCE
12.1. Insurance Required. Contractor shall maintain insurance as described in this section and shall require all of its subcontractors, Contractors, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Contractor. 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 Contractor's obligation to provide them. Contractor 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: South Pasadena Landscape Maintenance • 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 required 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, $4,000,000 aggregate
General Liability:
•
•
•
•
•
•
General Aggregate: $4,000,000
Products Comp/Op Aggregate $4,000,000
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
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 18
•
•
Workers' Compensation:
• Workers' Compensation
• EL Each Accident
• EL Disease - Policy Limit
• EL Disease - Each Employee
Automobile Liability
• Any vehicle, combined single limit
Statutory Limits
$1,000,000
$1,000,000
$1,000,000
$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 0 I. 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. Contractor is aware of the prov1s10ns of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Contractor 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. 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 Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.
12.8. 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, for liability arising out of ongoing and completed Maintenance Services Agreement
Page IO of 57
Authorized for Use 11.15.16
15 - 19
operations by or on behalf of the Contractor. Contractor's insurance policies shall be primary as respects any claims related to or as the result of the Contractor's work.
Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or Contractors shall be non-contributory. 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 Contractor's insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
12.9. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Contractor 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 Contractor under this Agreement. Failure of the Contractor 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.
12.10. Insurance Notices. Contractor shall provide immediate written notice if (I) 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.
Contractor shall provide no less than 30 days' notice of any cancellation or material change to policies required by this Agreement. Contractor 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 Pasadena, Attn: Public Works Department, 1414 Mission Street, South Pasadena, CA 91030.
12.11. Contractor's Insurance Primary. The insurance provided by Contractor, 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 Contractor's insurance and shall not contribute with it.
12.12. Waiver of Subrogation. Contractor hereby waives all rights of subrogation against the City. Contractor shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
12.13. Report of Claims to City. Contractor shall report to the City, in addition to the Contractor's insurer, any and all insurance claims submitted to Contractor's insurer in connection with the services under this Agreement.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 20
12.14. Premium Payments and Deductibles. Contractor must disclose all deductables and self-insured retention amounts to the City. The City may require the Contractor 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. Contractor shall be responsible for all premiums and deductibles in all of Contractor's insurance policies. The amount of deductibles for insurance coverage required herein are subject to City's approval.
12.15. Duty to Defend and Indemnify. Contractor'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 Contractor with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Contractor's services under this Agreement.
13.2. Contractor Cooperation in Defense of Claims. If any claim or action is brought against City relating to Contractor's performance in connection with this Agreement, Contractor shall render any reasonable assistance that City may require in the defense of that claim or action.
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 Contractor'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: If to Contractor:
Paul Toor, Public Works Director
City of South Pasadena
Cody Martin
LandCare
Public Works Department
1414 Mission Street
South Pasadena, CA 91030
Telephone: ( 626) 403-7240
Facsimile: (626) 403-7241
4134 Temple City Blvd.
Rosemead, CA 91770
Telephone: (818) 669-2804
Facsimile: (626) 376-9176
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 21
With courtesy copy to:
Teresa L. Highsmith, Esq.
South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd., Ste 850
Pasadena, CA 91 101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710
15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.10 (Records), paragraph 10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnification), paragraph 12.7 (Claims-Made Policies), paragraph 13.2 (Contractor 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 thirty calendar days' written notice to Contractor. Contractor 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.
16.2. Contractor Termination. Contractor may terminate this Agreement for a material breach of this Agreement upon thirty calendar days' notice.
16.3. Compensation Following Termination. Upon termination, Contractor shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor 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 Contractor's breach of this Agreement.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 22
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 Contractor 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 Contractor. 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.
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 Contractor for performance of this Agreement are deemed confidential and Contractor 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.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 23
18.2. Conflicts of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Furthei·, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor 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. Contractor 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 Contractor.
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. Contractor 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 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. Contractor 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 Contractor unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 24
Contractor 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. Contractor shall not be liable for any failure to perform if Contractor 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 Contractor.
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, each party shall pay its own costs, including any accountants' and attorneys' fees expended in the action.
18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Contractor hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
Maintenance Services Agreement
Authorized for Use 11.15. l 6
15 - 25
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: '£~
Signa~
Title: u\fj MAtJA-et~fZDate: / 'd;B/ 8
Attest:
Date:_~\ll-----=ct'5'----i-c-l10_l1_,___
Approved as to form:
B
Date:_~0_._,_ ( /---'----' l1-+' l2-P ~ l8'..____
"Contractor"
Signature
Printed: ~;ft-4 /I.
Title: 1?._,f(;,<J.,Ul'f(_ t/lU,.
Date: __ 1_1_._/_1_2-_/_2v_ t_9_
Maintenance Services Agreement
Authorized for Use I l.15 .16
15 - 26
WORKER'S COMPENSATION INSURANCE ACKNOWLEDGEMENT
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. If any class of employees engaged in work under this contract at the site of the Project is not protected under any Worker's Compensation law, Contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify and hold harmless City for any damage resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance.
Date: - ---- - -----
Printed Name o "
~~4L- t/lct r"J?cSlc?tA-7
Title
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 27
SCOPE OF SERVICE
Exhibit A
Scope of Services
Contractor shall perform completely all work and incidentals appurtenant to the Specifications of the contract. Any mention herein or indication on the drawings of materials, operations, or methods, requires that the contractor provide each item mentioned, perform each operation described and provide all necessary labor, equipment, materials and incidentals.
The landscape maintenance shall include complete responsibility for proper care of all landscaping; i.e., irrigation systems, shrubs, lawns, groundcovers and planting of whatever nature occurring on said premises and further described herein; and shall include performance of such services as watering, trimming, pruning, edging, mowing lawns, fertilizing, cultivating, insect and rodent control, weed control, re-sodding and seeding, staking and guying, cleanup of sidewalks and walks, including all items considered related to the performance of landscape maintenance.
REQUIRED QUALIFICATIONS
The firm must hold a valid State of California Contractor's License (C27), current OSHA certification for all aerial devices to be used during these services, and a Qualified Application License. These provisions must be provided at time of proposal submission and be kept current throughout the entirety of the contract.
Persons performing the work outlined in the contract must be qualified and trained in the landscape maintenance industry. The use of subcontractors is not allowed except for one time specialized services. The subcontractor must be approved by the City prior to performing any work. The Contractor shall also maintain at least one (I) English-speaking foreman on-site at all times.
The firm must submit to the City a "Quality Control Plan". The Quality Control Plan shall provide the City with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. In addition, the firm must submit to the City for approval, a current Safety Manual that meets SB 198 requirements for injury and illness prevention.
SAFETY
Contractor shall comply with Standards of OSHA, CAL OSHA and the American National Standard Institute (ANSI), Z 133.1-1988 Safety requirements including any City special conditions.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 28
CLEANUP
1. Each day's scheduled work shall be completed and cleaned up, and under no circumstances shall any brush, leaves, debris, trucks or equipment be left on the street or on public property overnight without authorization from the Director of Public Works of his/her authorized representative.
2. The Director of Public Works, or his/her authorized representative, shall be the sole judge as to the adequacy of the cleanup and will have the authority to direct further clean up with results the same day. This may include use of City staff on overtime, which will result in costs deducted from contractor's billing.
3. Contractor shall be responsible for the protection of all improvements adjacent to the work areas, including, but not limited to, sprinkler systems, drain pipes, lawns, plantings, brick or masonry work, mailboxes, lights, fences, walls, sidewalks, street paving, etc. located on either public or private property. If any improvements are removed or damaged, other than those scheduled for removal, then such improvements shall be replaced in kind at contractor's expense without cost to the City, and to the entire satisfaction of City staff and/or property owner no later than five (5) working days from date of damage.
DISPOSAL OF MATERIALS
1. All green waste produced as a result of the Contractor's operations under this contract will be reduced, reused, recycled, and/or transformed. Weight slips will be required as proof of final disposal and must be submitted with each demand for payment.
2. Reducing will include, but not limited to, chipping, grinding, and/or shredding operations. Disposal is to be at a recycling yard for use in a tub grinding and mulching program and proof of such will be provided with each demand for payment, including tonnage information for materials diverted to this program.
3. Reusing will include, but not limited to, using chipped, ground or shredded tree materials as mulch. If the Contractor has a location outside the City where such mulch may be applied, Contractor is to provide to the City documentation (with each demand for payment) from the property owner indicating location and amount of material that will be used, including tonnage information of material diverted to this program.
4. Recycling will include, but not limited to, firewood that is too large to be chipped, ground or shredded for use as mulch. Transformation will include, but not be limited to, firewood that is too large to be chipped, ground or shredded for use as mulch. If wood is to be kept for firewood by Contractor, the Contractor must provide to the City proof of such operation with each demand for payment, including tonnage of wood diverted to this program.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 29
INSPECTION
1. The City's representative, shall at all times have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the process, workmanship and character of materials and equipment used and employed in the work.
2. Inspection of the work shall not relieve the Contractor of any of his/her obligation to fulfill the contract and/or complete the project as prescribed. Defective work shall be made good notwithstanding the fact that such defective work may have been previously overlooked by the City's representative and accepted for payment.
3. Monthly quality inspections will be completed by the City representative. Any work found to be unacceptable will be noted in writing. Upon receipt of said letter noting these deficiencies, the Contractor shall make a reasonable good faith effort to correct the deficiencies as determined by the City's representative within a reasonable period not to exceed five (5) working days from notification. After this time period, if unacceptable conditions still exist, the City reserves the right to address the deficiencies at the contractor's expense and/or deduct payment or terminate the contract immediately.
SCHEDULE OF WORK AND HOURS OF OPERATION
1. Contractor will be required to be available on the contract Commencement Date.
Contractor shall, prior to commencing work, submit and gain approval of a monthly work schedule indicating the order, location and completion of work based on the information provided by the Park Supervisor or Public Works Operations Manager.
2. Contractor will notify the City of any schedule of landscape maintenance operation at least 24 hours in advance. Should the Contractor discontinue work for any reason, the City must be notified immediately as to the rationale behind the shut-down and the restarting date of operations. Hazardous conditions must be reported to the Park Supervisor or Public Works Operations Manager immediately.
3. The general hours of operations shall be 8:00 a.m. to 4:30 p.m. with respect to any chipping, blowing, cutting or other operations generating harsh or unusual noise. The days of operations shall be Monday through Friday with the exception of the items listed as weekend and Holiday services. Contractor shall schedule operations in accordance with the City's representative.
4. In addition, the Contractor, field lead person or foreperson shall meet with the City's representative each Monday between 7:00 and 7:30 a.m. or any other specified time for the purpose of reviewing the week's work, receiving special instructions, and to discuss any problems encountered on the job.
Maintenance Services Agreement
Authorized for Use l l.15.16
15 - 30
5. Work missed due to inclement weather will need to be made up or alternate work will be done on those days or payment will not be made.
REPORTS
I. A monthly work schedule agenda must be submitted and accepted by the Park Supervisor and/or Public Works Operations Manager one month prior to the commencement of each working month and shall include the tasks and materials for each item.
2. All concerns and/or reports addressing needs at any location must be submitted in writing. This report must be a standard format for use exclusively for reporting deficiencies to the City by the contractor.
3. A landscape audit will be completed and submitted quarterly to the City. The Contractor shall have on staff or arrange an independent auditor approved by the City to perform these audits
CHANGES
The City may require changes in the scope of the services to be performed by the Contractor hereunder. All such changes, which are mutually agreed upon by and between all the parties shall be incorporated in written amendments to this Agreement. All such amendments shall state any increase or decrease in the amount of the compensation due to the Contractor for the change in scope.
ADDITIONS/DELETIONS OF SERVICE
The City reserves the right to add and/or delete services to this contract. Should a service requirement be deleted, payment to the Contractor will be reduced proportionally, to the amount of service reduced in accordance with the Proposal price. Should additional services be required from this contract, prices for such additions shall be in accordance with the Contractor's rate sheet. No additional work should be performed unless otherwise authorized by the City in writing.
INCORPORATION OF PROPOSAL INTO THE CONTRACT
The contents of the selected firm's response are to be incorporated, in total, into the contract.
CONTRACTOR'S RESPONSIBILITY
The Contractor shall be responsible for any damages whatsoever to City property as applicable when such property is the responsibility or in custody of the Contractor, his/her employees or subcontractors.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 31
RECORDS AND REPORTS
Contractor shall prepare and submit to the Park Supervisor/Public Works Operations Manager such reports concerning the performance of the services required by this Agreement as required.
Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Park Supervisor/Public Works Operations Manager to evaluate the performance of such services. The Park Supervisor/Public Works Operations Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, request certified payrolls, and make records and transcripts from such records.
All reports, records, documents and other materials prepared by Contractor in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Park Supervisor/Public Works Operations Manager upon the termination of this Agreement, and Contractor shall have no claim for further compensation as a result of the exercise by City of its full right of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. It shall have an unrestricted right to use the concepts embodied therein.
The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Park Supervisor/Public Works Operations Manager.
SPECIAL PROVISIONS
1.00 INTRODUCTION
These Special Provisions are intended to apply to the scope of work specified in each contract item, as described herein, where each type of landscaping might exist or be placed in the future.
1.01 CONTRACT ITEMS
The contract items cover landscape maintenance at the following parks, sports fields, facilities, trails, medians or locations:
I. PARKS & TRAILS
Garfield Park
Arroyo Park
Eddie Park
Heritage Park (including Meridian Median between Mission St. and El Centro St.) Library Park
War Memorial Park
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 32
Arroyo Seco Woodland and Wildlife Park
Via de! Rey entrance parks (both sides of Via de! Rey at Monterey Road) Via de! Rey cul-de-sac park (at Camino Verde)
San Pasqual Park
Dog Park
Demonstration Garden
Arroyo Drive Trail (110 Freeway to Pasadena Ave.)
South Pasadena Freeway Sign & Trail
Snake Trail (between Rollin and Flores De Oro)
Stoney Drive Trail
II. SPORTS FIELDS
Burke, Clarich and Nelson Fields
Arroyo Park South Field
Orange Grove Park and Service Facility
III. CITY FACILITIES
Civic Center and Parking Lots
San Pasqual House
IV. WATER FACILITIES
Garfield Reservoir, 416 Garfield Ave., South Pasadena, CA Grand Reservoir, 624 Hermosa Ave., South Pasadena, CA
Westside Reservoir, 820 Glen Place, South Pasadena, CA
Kolle Pump House, 1217 Kolle Ave., South Pasadena, CA
Raymond Tank, 1648 Raymond Hill Rd., South Pasadena, CA Bilicke Tank, 700 La Portada St., South Pasadena, CA
Wilson Reservoir, 545 Adelyn Dr., San Gabriel, CA
Wilson Well 2, 311 Bradbury Dr., San Gabriel, CA
Graves Reservoir, 2225 El Molino Ave., San Marino, CA
V. MEDIANS & EASEMENTS
Goldline Landscaping along Hawthorne St. Parkway (between Orange Grove Ave. and Pasadena Ave.)
Huntington Drive Medians (between Alhambra Rd. and Garfield Ave.) Fair Oaks Ave. Medians (between Huntington Dr. and Columbia St.) Huntington Drive and Fair Oaks Ave. Intersection Medians Monterey Rd .Medians (between Orange Grove Ave. and Brent Ave.) Monterey Rd. Medians (at Pasadena Ave.)
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 33
Pasadena Ave. Medians (between York Blvd. bridge and Monterey Rd.) Pasadena Avenue (between City Limits and Sycamore Ave.) Camden Court Medians (between Oak St. and Court Ave.)
El Cerrito Circle Island
Stratford Circle Island
Raymondale Dr. Medians
Fletcher Ave. Islands (between Oak St. and Huntington Dr.) Orange Grove Ave. Medians (between Charter Oak St. and Columbia St.) Orange Grove Ave. Parkway on Westside of street (between Oliver St. and Sterling Pl.) Median at the end of Sterling Pl.
State Street Medians
State Street Parkways
Mound and El Centro Parkway
Stoney Drive Easement
1.02 SCOPE
A. Contractor shall perform completely all work and incidentals appurtenant to each paragraph of this section of the specifications. Any mention herein or indication on the drawings of materials, operations, or methods, requires that the contractor provide each item mentioned if indicated, perform each operation described and provide all necessary labor, equipment, materials and incidentals.
B. The landscape maintenance shall include complete responsibility for proper care of all landscaping; i.e., irrigation systems, shrubs, lawns, groundcovers and planting of whatever nature occurring on said premises and further described herein; and shall include performance of such services as watering, trimming, pruning, edging, mowing lawns, fertilizing, cultivating, insect and rodent control, weed control, resodding and seeding, staking and guying, cleanup of sidewalks and walks, including all items considered related to the performance of landscape maintenance. All chemicals used in the everyday course of landscape maintenance need to be green friendly.
C. All of Contractor's personnel assigned to work on any City Parks, medians, grounds and facilities shall undergo American Green Zone Alliance (AGZA) or equivalent accreditation and training which will be provided by the City. This training shall cover the safety and efficient operation of electric equipment, proper storage and charging procedures of electric equipment, competency training for trouble shooting and basic maintenance and repair of electric equipment.
D. The Contractor shall also maintain at least one (1) English-speaking foreman on-site at all times. The minimum total regular crew size shall be a minimum of five (5) full time Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 34
equivalent regular staff members. In addition to the regular staff members the Contractor must have an irrigation technician and representative from the management team available to provide services as required in the Special Provisions.
1.03 MATERIALS
A. Commercial Fertilizer:
1. Shall be blended for use as specified and may be combined with fungicides, herbicides and insecticides as covered in these specifications. All to be delivered to the job in original sealed packages, with labels attached showing analysis.
2. Sports fields, fertilizer information is included in Tables II, III and IV outlining the field maintenance plans.
3. Iron, Sequestrene, Iron Chelates, pelletized sulfer.
B. Equipment:
LAIi tools and equipment shall be furnished by Contractor and shall be sufficient in number and design to be capable of effective and efficient discharge of work to be performed. Cutting tools shall be maintained in sharpened condition. The City will not be providing any tools or equipment for the Contractor to perform any service. All tools and equipment to be furnished by the Contractor.
2.Unsatisfactory equipment shall be repaired or replaced. Obsolete, broken equipment of any kind shall be removed from the premises.
3.Tools and equipment shall be maintained in clean condition to avoid spread of weeds.
4.Lawns and sports fields shall be mowed with rotor mowers. Mower blades shall be kept sharp and clean.
5.City of South Pasadena Municipal Code 19A.12 provides for the use of leaf blowers and other power yard maintenance equipment as relates to hours of operation, noise and dust control.
6. All landscape maintenance equipment shall be battery-powered cordless electric type, I 00% emission free equipment. Contractor shall have sufficient batteries and equipment to complete the daily required work load to complete the scope of services. No outdated, Maintenance Services Agreement
Authorized for Use 11. 15. 16
15 - 35
polluting power equipment shall be used. Contractor may not use a stand-alone generator to charge batteries in the City Parks or City Facilities. In case of an emergency, Contractor may use City power outlets to charge the batteries with written permission from the Parks Supervisor or Public Works Operations Manager.
7. Lawn Mowing Equipment: Contractor shall supply battery powered turf mowers with six (6) to eight (8) hours of run time battery capacity per day, under load. Contractor shall supply one of the combinations below of mowing equipment in order to complete the mowing service required:
a. Two (2) 60-inch zero turn lawnmowers
b.One (]) 60-inch zero turn lawnmower and one(]) 52-inch zero turn lawnmower c. One (I) 60-inch zero turn lawnmower and one (I) 48-inch zero turn lawnmower
8. Contractor's Vehicles: While working on City facilities and grounds, the Contractor shall have a magnet placed on both sides of each vehicle identifying "Contractor for the City of South Pasadena". Magnet shall be legible by vehicles passing by the Contractor's vehicle. The Contractor shall submit a proof for City approval before ordering the magnet for their vehicles.
9. Gas Allowance: Gas-powered equipment can be used for occasional non-routine tasks for which no commercially available electric equipment exists. For example, dethatching aeration in the fall, heavy tree trimming, rototilling compacted areas at playgrounds, and controlling invasive warm season grasses throughout the City. Gas equipment may also be used for contracted enhancement work that required heavy machinery. The use of gas powered equipment must be approved in writing 48 hours in advance of use by the Public Works Director. Below is a summary of the tasks that may require the use of gas-powered equipment:
a. Dethatching, aeration: If needed, Contractor may use a gas-powered zero turn mower once a year in the fall for scalping and dethatching purposes. If needed, Contractor may use a gas powered aerator in the fall for aerating purposes. b. Invasive warm season grasses: If needed, Contractor may use gas-powered zero turn once a year in the spring or summer months to control growth of invasive warm season turf.
c. Heavy tree trimming: If Contractor is required to perform heavy and substantial tree trimming, vender will be allowed to use gas-powered chain saws as needed to complete the enhancement job if an expedited and professional manner. Gas blowers may not be used for cleanup of heavy and substantial tree trimming jobs. ct.Pressure washer may be gas but shall meet California Air Resources Control Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 36
C. Material:
Board Tier 2 complaince.
e. Theft of equipment fleet: The Contractor agrees that in the event of theft of electric equipment that the Contractor will be granted a five day grace period to replace the equipment and can utilize gas equipment during the grace period.
The City must be notified in the event of the theft and the Contractor shall provide the City with a plan to replace the stolen equipment within the five day grace period.
1. Grass seed for common (non-sportsfield) turf areas shall be fresh, clean, new crop seed, pre-mixed by mechanical mixer to proportions specified, with minimum purity and germination as follows:
Name Purity Germination
Bonsai 2000 98% 90%
Millennium Dwarf 98% 90%
Wildfire Dwarf 98% 90%
Seeding rate: 7 pounds per 1000 square feet. 300 pounds per acre.
Seed type: Stover Triple Crown Dwarf
2. Grass seed for sportsfield turf areas shall be fresh, clean, new crop seed, pre-mixed by mechanical mixer to proportions specified, with minimum purity and germination as follows:
Name Purity Germination
Affinity Perennial Ryegrass 98% 90%
Evening Shade Perennial Ryegrass 98% 90%
Manhattan 4 Perennial Ryegrass 98% 90%
Improved Sultan Bermudagrass 98% 90%
Seeding rate: 8.5 pounds per 1000 square feet. 350 pounds per acre.
Seed type: Stover Pro Sportsfield Supreme
Fungicides, Herbicides and Insecticides: Shall be recognized brands in general use, approved and complying with all agencies - local, state and federal. All chemicals used in the everyday course of landscape maintenance need to be green friendly.
3. Irrigation System: Shall have matching precipitation. Water efficient nozzles should be Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 37
used wherever feasible. Weather Based Irrigation Controllers should be utilized at all parks in an effort to water efficiently.
4. Plant Materials: When not provided by the City, shall be best quality, new stock of size and kinds noted on plans or in other written instructions from the City. Priority selection to drought tolerant plants when and wherever appropriate.
5. Topsoil: Shall be fertile, sandy loam, free from noxious weeds, debris and toxic quantities of mineral salts.
6. Tree Stakes: From time to time, installation of stakes shall be required for tall and new trees. Upkeep of these stakes, including moving the stakes and/or loosening the ties, also required.
7. Tie Materials: Tree ties shall be V.I.T. Twist brace "Nail Bracket Style" with wood screws used to attach to lodge poles ..
1.04 PLANT REPLACEMENT
Existing planting requiring replacement or relocation due to changes in ex1stmg premises, vandalism or from causes due to nature of operations, major accidents or Acts of God, will be replaced by City at its expense or handled under separate agreement. New plantings conceived will be handled under separate agreement. Contractor shall have its own nursery in order to maintain the highest quality plant material available or should have access to a reputable nursery in good standing.
1.05 PLANT REPLACEMENT LIABILITY
Where proven neglect on the part of Contractor or his employees have caused damage to planting through improper use of insecticides, herbicides, watering, failure to control rodents, gophers, insects, use of tools and mechanical equipment, conveyances, or through general neglect, Contractor shall repair or replace such damaged planting at his own expense to the satisfaction of City.
1.06 CLEAN UP/TRASH REMOVAL/ENVIRONMENT
A. In general, Contractor shall see that the premises are kept neat and clean of foreign debris, however deposited, whether by winds, persons entering or passing by premises, or careless persons. Clean up shall consist of removal of all debris, papers, weeds, cut grass, and removal of fallen limbs when needed on a weekly basis. Weeds growing at curb and sidewalk joints shall be removed. Sidewalks and walks shall be swept at least once a Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 38
week.
B. Contractor shall clean up after his own work and deposit all debris in containers for removal from the premises. Contractor shall not permit debris to accumulate anywhere on the site. Debris and material generated by Contractor shall be removed from the site by Contractor.
C. Contractor shall pick up the trash at City parks, sport fields and facilities listed in the Contractor's proposal (Exhibit B). Contractor shall supply trash liner bags.
D. On weekends and Holidays, Contractor shall perform two trash pickups at Garfield, Arroyo and Orange Grove Park gazebo areas (three locations). Below is the schedule for the weekend and holiday trash pickups:
a. November 1 through March 31: Morning trash pickup at all three locations shall be completed before 9:00 am. Afternoon trash pickup at all three locations shall be completed between 12:00 pm and 1 :00 pm.
b. April 1 through October 31: Morning trash pickup at all three locations shall be completed before 10:00 am. Afternoon trash pickup at all three locations shall be completed between 1 :00 pm and 2:00 pm.
E. No trash, including but not limited to bottles, cans, paper, leaves, tree branches, and/or grass shall be swept or blown into the city's storm drains. In accordance with the state of California's municipal separate storm sewer systems (MS4s), nothing but rain down our drains. When using fertilizers and chemicals, Contractor shall be mindful of not allowing spray or runoff of chemicals into our gutters and down our storm drains.
F. Contractor shall dispose of a trash generated as part of services in City provided containers at the City service yard located at Stoney Drive and Lohman Lane. At no time shall trash be dumped on the ground of the City service yard unless there are no containers available and Contractor receives approval from the City representative.
1.07 IRRIGATION SYSTEMS - RESPONSIBILITY, MAINTENANCE, WATERING After the award of each contract, the Contractor shall inspect and test each irrigation system under this contract and shall promptly inform the City of all deficiencies. The City shall then repair such systems, using either its own forces or that of a Contractor (not necessarily the successful bidder), and shall then turn the system over to the Contractor.
The Contractor will be responsible for maintaining the system at that level of service from that time forward. The Contractor must have a separate irrigation management division or similar capabilities in order to properly manage a City Irrigation System.
A. Facilities:
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 39
Contract Item Facility
I. PARKS & TRAILS
Garfield Park
Arroyo Park
Eddie Park
Heritage Park (including Meridian Median
between Mission St. and El Centro St.)
Contract Item Facility
Library Park
War Memorial Park
Arroyo Seco Woodland and Wildlife Park
Via del Rey entrance parks (both sides of
Via del Rey at Monterey Road)
Via del Rey cul-de-sac park (at Camino Verde)
San Pasqual Park
Dog Park
System
Automatic
Automatic
Quick couplers with
automatic sprinklers
in the parking strips.
Automatic
System
Automatic
Automatic
Automatic
Automatic
Automatic
Automatic
Automatic
Demonstration Garden Automatic
Arroyo Drive Trail (110 Freeway to Pasadena Ave.) None
South Pasadena Freeway Sign & Trail
Snake Trail (between Rollin and Flores De Oro)
Stoney Drive Trail
II. SPORTS FIELDS
Burke, Clarich and Nelson Fields
Arroyo Park South Field
Orange Grove Park and Service Facility
III. CITY FACILITIES
Civic Center and Parking Lots
San Pasqual House
IV. WATER FACILITIES
Garfield Reservoir
Grand Reservoir
Maintenance Services Agreement
Authorized for Use 11.15.16
Automatic
None
None
Automatic
Automatic
Automatic
Automatic
Automatic
Automatic
Automatic
15 - 40
Westside Reservoir
Kolle Pump House
Raymond Tank
Bilicke Tank
Wilson Reservoir
Wilson Well 2
Graves Reservoir
V. MEDIANS AND EASEMENTS
Goldline Landscaping along Hawthorne St.
Parkway (between Orange Grove Ave. and
Pasadena Ave.)
Huntington Drive Medians (between Alhambra
Rd. and Garfield Ave.)
None
None
None
None
Automatic
None
Automatic
Automatic
Automatic
Fair Oaks Ave. Medians (between Huntington Dr. Automatic and Columbia St.)
Huntington Drive and Fair Oaks Ave.
Intersection Medians
Contract Item Facility
Monterey Rd .Medians (between Orange Grove
Ave. and Brent Ave.)
Monterey Rd. Medians ( at Pasadena Ave.)
Pasadena Ave. Medians (between York Blvd.
bridge and Monterey Rd.)
Pasadena A venue (between City Limits and
Sycamore Ave.)
Camden Court Medians (between Oak St. and
Court Ave.)
El Cerrito Circle Island
Stratford Circle Island
Raymondale Dr. Medians
Fletcher Ave. Islands (between Oak St.
and Huntington Dr.)
Orange Grove Ave. Medians (between Chaiter
Oak St. and Columbia St.)
Maintenance Services Agreement
Authorized for Use 11.15.16
Automatic
System
Automatic
Automatic
Automatic
Automatic
Automatic
None
None
Automatic
Automatic
Automatic
15 - 41
B. Methods:
Orange Grove Ave. Parkway on Westside
of street (between Oliver St. and Sterling PL)
Median at the end of Sterling PL
State Street Medians
State Street Parkways
Mound and EI Centro Parkway
Stoney Drive Easement
Automatic
Automatic
Automatic
None
None
None
I. Landscape areas are covered by irrigation systems, hose bibs, etc. All areas and planting pots shall be inspected on a weekly basis by the Contractor to ensure proper watering.
In addition, Contractor shall test all stations at least weekly to make sure the system is running efficiently and not wasting water. The purposes of the test are to determine:
(a) the proper operation of the system and
(b) the need for repair to controllers, valves, risers, sprinkler heads, etc.
A written report on system problems shall be given to the Parks Supervisor or Public Works Operations Manager the following day. The sprinkler systems should not be depended upon solely to meet the total watering requirements under all conditions.
2. Valve boxes must be securely replaced when damaged and excessive wet or dry areas eliminated areas eliminated. A comprehensive report must be included with the written report on system problems on the following day.
3. Semi-automatic mechanical valve actuators have been provided at each valve for the Contractor's convenience. The "Watering Schedule" provided by City gives the number of minutes that each valve is to be set for at each time of watering. Contractor shall be responsible for setting timing of valve actuators to comply with said schedule. The Contractor is required to work with City staff to improve irrigation efficiency of the watering schedule.
4. Areas to be watered by hand shall receive adequate water, without flooding or creating bog like conditions, twice a week. Whenever using a hose, it must be equipped with a nozzle that has an on/off valve.
5. Watering days shall be scheduled so as not to inconvenience the on-site personnel or operations. City will provide Contractor with use schedule. Watering shall not be permitted to wet parked cars. Contractor shall be responsible to shut off the irrigation Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 42
system before it rains if rain is forecasted. Contractor can resume irrigating 48 hours after the rain has ceased.
6. Contractor shall water adequately as required for specific planting and seasonal changes, taking precautions not to create bog-like conditions.
7. During extremely hot weather and extended holiday periods, and during or following breakdown of systems or water supply, Contractor shall supply at his own expense the personnel required to adequately water all landscaped areas. Dry areas which develop in lawn or groundcover areas shall receive supplemental manual irrigation until such time as the condition is alleviated.
B. Maintenance:
Contractor shall be responsible for the complete operation and maintenance of the irrigation systems except as noted herein:
I. Contractor shall repair all broken hose bib risers, regularly inspect for and replace or repair all broken sprinkler risers, fitting, lines and sprinkler heads; remove foreign matter of any kind to insure proper operation of sprinklers; and flush lines when required to remove foreign matter from systems. Contractor shall have no responsibility for underground water main pipe lines, but Contractor shall be responsible for the maintenance of controllers, control valves, irrigation distribution lines, irrigation pressure lines, risers, swing joints and heads. Repair or replacements of controllers, control valves, anti-siphon valve, etc. require prior approval and supervision of City.
2. Contractor shall be responsible to report immediately to City any malfunction of mechanical valve actuators, anti-siphon valves, damages to mains and damages caused by others. During the period malfunctions exist, Contractor shall water manually by whatever means necessary. Dry conditions shall not be permitted to develop. Water mains shall not be turned off without prior authorization from City.
3. Contractor shall verify that pop-up sprinkler heads are in retracted pos1t1on before mowing or edging lawns. Sprinkler heads damaged by mowers and edgers shall be replaced by Contractor at his expense. Lawns shall not be permitted to suffer due to head damage.
4. Grass shall be neatly trimmed away from sprinkler heads and valve boxes to insure proper operation. A circular cutter may be used for this purpose, but under no circumstances either is the sod to be removed leaving holes larger than head diameter Maintenance Services Agreement
Authorized for Use 11. 15.16
15 - 43
nor is weed killer to be used.
5. Groundcovers are to be kept trimmed away from sprinkler heads by tapering away from head. Under no circumstance shall holes be cut into groundcovers. Head risers shall be extended as necessary to provide un-obstructed throw of water.
6. Materials required for irrigation systems maintenance due to normal wear, extension, or sprinkler risers on lawn or shrub heads, etc., shall, at City's discretion, either be furnished by the City or paid for by City at Contractor's actual cost. All damaged, broken or otherwise inoperable or unusable parts so replaced shall be· turned over to City's representative in order to be eligible for reimbursement. Invoices for such material replacement shall be submitted by Contractor at the end of each month.
7. Where damage to irrigation systems including valve covers has been caused by Contractor's negligence, repair and replacement materials and labor shall be furnished by contractor at his own expense. All materials shall be of equal or better quality than that originally installed. Substitutions must be approved by the Park Supervisor/Public Works Operations Manager. All repairs and replacements shall be made in a careful, workmanlike manner.
1.08 LAWNS
A. General:
1. Contractor shall maintain all lawns in top condition at all times through the practice of regular mowing, seeding, watering, fertilizing, and aerating in accordance with these specifications. Lawn shall have a well-tended appearance.
2. All City facilities with turf/lawn shall be mowed per the Contractor's Bid Proposal table.
The Arroyo Sports Fields, and Orange Grove Park Park shall be mowed twice per week during the warm season (April 15th to October 15th).
Mowing shall not remove more than 50% of vegetative growth. Grass generally shall not exceed four ( 4) inches in height. Mowing heights of other than Bermuda grass shall generally be between two (2) to three (3) inches, using a mower. Bermuda grass sport fields shall be mowed at one and a half (I½) inches in height using a mower. Turf shall be cut at a uniform height. Keep blades sharp and mowing equipment to be kept sufficient to prevent grass blade bruising, tearing, and shredding. Clippings shall be caught in a grass catcher, collected and removed from the premises. Grass clippings that are finely cut may be left in place. Mowing pattern will be varied weekly where possible to reduce rutting and compaction of grade. Contractor shall coordinate mowing Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 44
and irrigation schedules so that the grass is not mowed while it is wet.
Edges shall be trimmed at each mowing, including trimming around walls and fences, trees, shrubs, sprinkler heads, valves, curbs, planting beds, utility poles, sign posts, playground equipment and other items located in lawns. The trimming must be done on the same day as the mowing. At the conclusion of each visit, walks adjacent to work area shall be blown clean.
Grass shall not be allowed to invade plant and other areas not intended to be lawn. Care should be taken not to damage sprinkler heads, plantings, walks and buildings with equipment. Curbs, gutters, walks and driveways shall be left in a clean condition after each mowing. Excessive amounts of leaves, papers and other debris shall not be allowed to accumulate on lawns. Mowing shall not be done when soil is too wet; avoid compaction of turf.
3. Weeds of any kind shall not be permitted to become established in lawns. Contractor shall submit to City for approval a weed abatement program that keeps the lawns as nearly as possible to a weed-free condition stating which products will be used for those weeds now in existence, at what rate they will be applied, and at what schedule during the year. Lawns shall receive at least two applications per year of broad spectrum herbicide for the control of crabgrass and other common lawn weeds. Mow lawns before applying. Additional applications of herbicides shall be made when necessary to complete eradication of specific weed problems not covered by the use of herbicide. Product shall be applied according to manufacturer's directions.
4. Provide work schedule for rainy days and dormant seasons for alternate work. Days of week to be on job site including Holiday schedule.
5. Perform the following maintenance services to sport fields at Arroyo and Orange Grove parks: Dethatching, core aerating, remove cores, top dress with medium, fertilizing, reseeding or stolons, irrigation, top dress seeds at a frequency of two times per year. All areas designated for re-seeding shall be groomed and dethatched for the purpose of top dressing with seed and organic matter. Areas shall be posted and closed to the public until germination and first mowing is completed. Dethatching shall be with a mechanical de-thatcher to remove built up organic matter in turf areas. Thatch that is removed shall be properly disposed of.
6. The spreading of mulch shall depend on the type of mulch provided by the City. Tree shavings shall be used around shrub areas or to suffocate weeds. Composted fine mulch will be used for re-seeding or top dressing in turf areas. The material will be spread along planting areas and barren areas for weed prevention and moisture retention.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 45
B. Fertilizing Lawn:
I. Lawns (except for sports fields) shall be fertilized per Table I. Applications will consist of pelleted formula 16-6-8 applied at the rate of 8 pounds (lbs) per 1,000 square feet (sf).
Sports fields at Orange Grove, Arroyo South and Arroyo North use different materials at different times per Tables II, III, and IV.
2. All materials shall be applied at times and in amounts shown for each feeding.
3. Fertilizer shall be distributed evenly over lawn when dry, using calibrated spreader. Do not overlap materials and cause burning of turf, dark streaks, etc. Sweep off pavements and water in immediately.
4. Where herbicides, fungicides, or insecticides are required, these materials, in the amounts according to the manufacturer's directions, shall be added where compatible to the fertilizer specified. All products shall be combined and blended at factory, delivered in original packages, and applied as previously specified.
5. Additional insecticides, fungicides and herbicides applications shall be required as noted.
These may be in liquid spray form. Herbicides shall not be applied during windy conditions. All chemicals used in the everyday course of landscape maintenance need to be green friendly.
C. Soil Compaction
I. Contractor shall not engage in activities which foster the compaction of the soil; i.e., driving of vehicles on turf or riding equipment on soggy soil.
2. Contractor shall aerate the athletic sports fields per the maintenance schedule in Tables II, III and IV. Aeration shall be accomplished by the use of a tractor drawn tine aerator.
Proper soil moisture shall be present to insure that plugs are removed to a minimum depth of three inches. All plugs shall be broken up and removed from the sports fields on the day they are generated. Sprinkler heads shall be flagged to prevent damage to the irrigation system.
D. Insect, Fungi and Rodent Control
I. Contractor shall maintain continuous control against insects, leaf hopper, red spider, cutworms, sod web worm (Lawn Moth) and other insects by the use of appropriate insecticides. Insecticides should not be applied above certain temperatures (check with manufacturer) or during wind.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 46
2. Fungi shall be controlled by appropriate combination of watering practices, aeration and treating when specified. Additional applications shall be made when necessary to obtain control of rust and other fungi.
3. Rodents of any kind: gophers, moles, etc., shall be controlled by the Contractor.
Burrows and holes on the sports fields shall be filled with dirt at the time of each mowing. All chemicals used in the everyday course of landscape maintenance need to be green friendly. Major infestations will be handled by the City.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 47
TABLE I
LIBRARY, GARFIELD PARK, EDDIE PARK AND WAR MEMORIAL PARK
MAINTENANCE PLAN
Date
March
May
Activity
Apply 16-6-8 fertilizer, weed control and herbicide
combined
Apply 16-6-8 fertilizer, weed control, and herbicide
combined (post control)
August
September
Apply 16-6-8 fertilizer, insecticide and fungicide
Dethatch, aerate, re-seed, apply top dressing
November Apply 21-2-4 fertilizer and fungicide
Date
December -
January
February
February
February
MarchOctober
March
March
March
March
TABLE II
ARROYO SOUTH MAINTENANCE PLAN
Activity
Verticut, dethatch, seed prep, overseed sports turf (Trifecta II at 7-10 lbs./ 1,000 sf.), install water retention product (Hvdretain at 2.7 lbs./1000 sf.)
Aeration of the field with hollow tine and apply gypsum (5 lbs./1,000 sf.)
Apply 25-4-4 Nitrate Fertilizer at a rate of 4.5 lbs./ 1,000 sf.
Weed control, post emergent application to control
broadleaf weeds
Spot treatment of weed control, post emergent to control broadleaf weeds
Aeration of the field with hollow tine
Rototil of infields
Apply Dimension 270G herbicide to prevent crabgrass
germination at a rate of 3-4 lbs./1,000 sf.
Insect/Grub Control
Maintenance Services Agreement
Authorized for Use 11.15. 16
Responsible
Organization
Contractor
City
Contractor
Contractor
Contractor
Responsible
Organization
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
15 - 48
Date
March
April
April
April
April
May
June
June
July
August
September
October
October
October
November
Date
December -
January
February
February
February
Activity
Fungicide application to control various pathogens
Spot treatment of fungicide to control various pathogens Aeration of the field with hollow tine and apply gypsum (5 lbs./1,000 sf.)
Apply 25-4-4 Nitrate Fertilizer at a rate of 4.5 lbs./ 1,000 sf.
Start of the warm season, increase irrigation
Aeration of the field with hollow tine
Aeration of the field with hollow tine and apply gypsum (5 lbs./1,000 sf.)
Rototil of infields
Verticut, dethatch, seed prep, overseed sports turf (Trifecta II at 7-10 lbs./ 1,000 sf.), install water retention product (Hvdretain at 2.7 lbs./1.000 sf.)
Apply 32-0-5 XCU slow release fertilizer at a rate of 3.2 lbs./1,000 sf.
Aeration of the field with hollow tine
Aeration of the field with hollow tine and apply gypsum (5 lbs./1,000 sf.)
Apply 32-0-5 XCU slow release fertilizer at a rate of 3.2 lbs./1,000 sf.
End of the warm season, decrease irrigation
Aeration of the field with hollow tine
TABLE III
ARROYO NORTH MAINTENANCE PLAN
Activity
Verticut, dethatch, seed prep, overseed sports turf (Trifecta II at 7-10 lbs./ 1,000 sf.), install water retention product (Hvdretain at 2.7 lbs./1000 sf.)
Aeration of the field with hollow tine and apply gypsum (5 lbs./1,000 sf.)
Apply 25-4-4 Nitrate Fertilizer at a rate of 4.5 lbs./ 1,000 sf.
Weed control, post emergent application to control
broadleaf weeds
Maintenance Services Agreement
Authorized for Use 11.15.16
Responsible
Contractor
Contractor
Contractor
City
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Responsible
Organization
Contractor
Contractor
Contractor
Contractor
15 - 49
Date
MarchOctober
March
March
March
March
March
April
April
April
April
May
June
June
July
August
September
October
October
October
November
Activity
Spot treatment of weed control, post emergent to control broadleaf weeds
Aeration of the field with hollow tine
Rototil of infields
Apply Dimension 270G herbicide to prevent crabgrass
germination at a rate of 3-4 lbs./1,000 sf.
Insect/Grub Control
Fungicide application to control various pathogens
Spot treatment of fungicide to control various pathogens Aeration of the field with hollow tine and apply gypsum (5 lbs./1,000 sf.)
Apply 25-4-4 Nitrate Fertilizer at a rate of 4.5 lbs./ 1,000 sf.
Start of the warm season, increase irrigation
Aeration of the field with hollow tine
Aeration of the field with hollow tine and apply gypsum (5 lbs./1,000 sf.)
Rototil of infields
Verticut, dethatch, seed prep, overseed sports turf (Trifecta II at 7-10 lbs./ 1,000 sf.), install water retention product (Hvdretain at 2.7 lbs./1.000 sf.)
Apply 32-0-5 XCU slow release fertilizer at a rate of 3.2 lbs./1,000 sf.
Aeration of the field with hollow tine
Aeration of the field with hollow tine and apply gypsum (5 lbs./1,000 sf.)
Apply 32-0-5 XCU slow release fertilizer at a rate of 3.2 lbs./1,000 sf.
End of the warm season, decrease irrigation
Aeration of the field with hollow tine
Maintenance Services Agreement
Page41 of57
Authorized for Use 11.15.16
Responsible
Organization
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
City
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
15 - 50
Date
November
- January
February
February
February
MarchOctober
March
March
March
March
March
April
April
April
April
May
June
June
July
September
September
October
October
November
TABLEIV
ORANGE GROVE MAINTENANCE PLAN
Activity
Verticut, dethatch, seed prep, overseed sports turf (Trifecta II at 7-10 lbs./ 1,000 sf.), install water retention product /Hvdretain at 2.7 lbs./1000 sf.)
Aeration of the field with hollow tine and apply gypsum (5 lbs./1,000 sf.)
Apply 25-4-4 Nitrate Fertilizer at a rate of 4.5 lbs./ 1,000 sf.
Weed control, post emergent application to control
broadleaf weeds
Spot treatment of weed control, post emergent to control broadleaf weeds
Aeration of the field with hollow tine
Rototil of infields
Apply Dimension 270G herbicide to prevent crabgrass
germination at a rate of 3-4 lbs./ 1,000 sf.
Insect/Grub Control
Fungicide application to control various pathogens
Spot treatment of fungicide to control various pathogens Aeration of the field with hollow tine and apply gypsum (5 lbs./1,000 sf.)
Apply 25-4-4 Nitrate Fertilizer at a rate of 4.5 lbs./ 1,000 sf.
Start of the warm season, increase irrigation
Aeration of the field with hollow tine
Aeration of the field with hollow tine and apply gypsum (5 lbs./ 1,000 sf.)
Rototil of infields
Apply 32-0-5 XCU slow release fertilizer at a rate of 3.2 lbs./1,000 sf.
Aeration of the field with hollow tine
Apply 32-0-5 XCU slow release fertilizer at a rate of 3.2 lbs./1,000 sf.
Aeration of the field with hollow tine and apply gypsum (5 lbs./1,000 sf.)
End of the warm season, decrease irrigation
Aeration of the field with hollow tine
Maintenance Services Agreement
Authorized for Use 11. 15. 16
Responsible
Organization
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
City
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
15 - 51
1.09 GROUNDCOVERS
A. General:
1. Groundcovers shall be inspected weekly. Maintenance shall include removal of all debris, including leaves, branches, papers, bottles, etc.
2. Weeds shall be removed weekly. Bermuda grass and other noxious weeds shall not be allowed to become established in these areas. Weeds shall be completely removed, including roots, rhizomes, and stolons. Pre-emergent weed killer may be used after cultivation. "Round-Up" may also be used, taking care not to spray on other plantings.
3. All groundcovers shall be pruned, sheared and thinned neatly away from shrubs, trees, walks and headerboards, etc. Edges of groundcovers shall be thinned out and tapered away from walks, headerboards and shrubs. DO NOT TRIM VERTICALLY.
4. All groundcovers at the Freeway Sign shall be trimmed around the rock letters, curbs and perimeter of the area to provide a uniform appearance.
B. Fertilizer:
I. A balanced, pelleted commercial fertilizer, 16-6-8, shall be broadcast evenly on ground cover and related shrub areas per the maintenance plans listed in Tables I, II, III, and IV, at the rate of 8 pounds per 1000 square feet and shall be watered and cultivated in thoroughly where conditions permit.
2. All groundcover areas shall be deep irrigated weekly (at night), weather requiring.
3. Contractor shall maintain constant controls against insects, rodents and snails.
4. Barren areas shall be replanted (see Plant Replacement and Plant Replacement Liability).
1.10 SHRUB GROUNDCOVERS
A. Groundcover shall be controlled where spreading over walks by pruning back to nearest branch fork and removing dead wood.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 52
1.11 SHRUBS, PLANTS AND TREES
General maintenance of shrubs shall include:
1. Weekly watering of all areas per the "watering schedule".
2. Removal of spent flowers and flower spikes; removal of all leaves and debris from plant areas weekly.
3. Regular cultivation of all plant areas.
4. Removal of weeds. Bermuda grass shall be traced to source and all roots and stolon removed or sprayed with "Round-Up"; all weeds and debris shall be removed from the premises.
5. Plants shall be hosed off monthly to remove accumulations of dirt and soot.
6. Pruning shall be performed as a continual operation under guidelines as set forth by City.
Contractor shall not allow plants to develop stray, undesirable growth.
7. Insect and rodent control.
8. Fertilizing of shrubs and perennials in accordance with the fertilizer indicated for groundcovers. All fertilizers shall be applied evenly by hand and lightly cultivated into soil, with thorough watering to follow. Shrubs located in groundcover areas will not require additional fertilizing. All chemicals used in the everyday course of landscape maintenance need to be green friend! y.
9. Shrubs shall be trimmed as needed at established maintenance height.
10. Plants that grow as clumps must be divided as part of regular maintenance. Divides can be in half or other fractions depending on plant vigor. These plants can be used elsewhere to enhance vegetation and landscape at the direction of the Director of Public Works, or his/her representative.
11. All flower plants shall be cleaned and opened to a natural appearance. The Bird of Paradise and facial plants shall be dead-headed.
12. All low growing branches of trees that interfere with the clear passage of pedestrians shall be skirted or trimmed to provide a height clearance of nine-feet (9').
Maintenance Services Agreement
Authorized for Use l l.15.16
15 - 53
1.12 ROSES
A. Fertilizing:
I. Roses are to be fertilized in March, May, August, and October. A balanced, pelleted commercial fertilizer shall be broadcast evenly on ground at the rate of 8 pounds per 1,000 square feet.
B. Pruning
I. Prune annually during the last two weeks in January, or as scheduled by the Park Supervisor/Public Works Operations Manager.
2. Remove 1/3 to 1/2 of the old canes. Prune away from the middle. Have eye, or young bud, facing out in the direction the plant is to grow. Prune 1/8 inch to 1/4 inch above the bud at an angle. All leaves and suckers will be removed and the bed raked clean.
3. Old blooms will be removed on a regular basis.
C. Watering
I. Weekly watering of all roses as per the "watering schedule".
1.13 CONTROL OF INSECTS, RODENTS AND OTHER PESTS
A. Contractor and their employees shall be entirely familiar with the use of all insecticides and chemicals of any kind intended for use as regards laws, proper types, rates of application, temperatures at which to be applied, etc.
B. Contractor shall maintain adequate equipment, sprayers, dusters, etc., on the job for emergency spot controls of insects. Larger equipment and materials shall be supplied when required.
C. An adequate supply of basic insecticides, fungicides, properly packaged and labeled, shall be maintained for use.
D. Contractor shall maintain proper controls by spraymg at such frequency and m such amounts as necessary to prevent insect infestations.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 54
E. Control of chewing and sucking insects shall be performed at least twice a year (late winter or early spring, and summer) or as required to maintain control and prevent damage to plantings. Appropriate insecticides for the required purposes shall be applied with power sprayer. Care shall be exercised not to damage buildings, planting or adjacent materials by improper use of insecticides (amounts, high temperature) or of equipment.
F. Snails, slugs and similar pests shall be controlled by Contractor as needed.
G. Notwithstanding any previously identified chemicals contractor shall be prohibited from applying any pesticide or insecticide which is a neonicotinoid.
1.14 FUNGI, MILDEW AND PATHOLOGICAL PROBLEMS
Fungi, mildew, and other pathological problems shall be controlled by irrigation management, drainage. Where necessary, fungicide shall be applied.
1.15 CULTIVATING
Where practical, areas between shrubs, groundcovers and trees shall be cultivated for the removal of weeds, admission into the soil of fertilizer and water, and for aeration.
1.16 MISCELLANEOUS MAINTENANCE PROVISIONS
Contractor shall, as part of this contract perform the following services:
I. Clean out drain lines when and where required.
2. Repair minor erosion.
3. Clean catch basins and area drains in parks.
4. Correct minor vandalism and defacement.
5. On a weekly basis, clean all barbecue pits.
6. At the City Hall, replace and rotate annuals twice each year. Plants to be provided by City.
7. Sweep/blow parking lots at the Parks and Facilities.
Maintenance Services Agreement
Authorized for Use 11.15.16
15 - 55
8. Plant shrubs, groundcover, and trees at the request of the Parks Supervisor.
9. All hard surface areas are to be swept with a broom or cleared with an electric blower, except for sanitary purposes when power-washing is necessary or as specifically called for in these specifications. City of South Pasadena Municipal Code 35.41 Hose use prohibits the use of water to clean areas that can be swept with a broom.
10. Concrete swales must be kept clear of dirt and debris.
11. Tennis courts, bleacher areas, picnic areas, tables, outdoor restrooms and rubber playground surface are to be power washed. A Contractor furnished motorized power washer will be used to wash the picnic table and surrounding area from all food stains and other type of stains. The area will be kept clean and stain free. The locations and frequencies are included in the Contractor's proposal (Exhibit B). Contractor shall coordinate the power washing times with the Parks Supervisor that will have minimum disruption to the facility. The Contractor is responsible for posting any signage, barricades and/or caution tape required for to allow the Contractor to perform the services.
12. Contractor shall rake and grade play areas at Orange Grove, Arroyo and Eddie parks, including dress up, cleaning and rototilling to a depth of six (6) inches for the sand or engineered wood fibers. The locations and frequencies are included in the Contractor's proposal (Exhibit B).
13. Supply and refill the bags for the dog waste stations.
14. While performing services the Contractor shall notify the Parks Supervisor if they find any vandalism, homeless encampments, graffiti or items requiring repair beyond the scope of the Contractor's services within twenty four (24) hours of noticing the deficiency.
15. On Saturday, Sunday and holiday's the Contractor shall unlock the park restrooms at Orange Grove Park, Arroyo Park and Garfield Park before 7:00 am.
Maintenance Services Agreement
Page47 of57
Authorized for Use 11. l 5. l 6
15 - 56
Exhibit B
Contractor's Bid Proposal
HEREBY PROPOSE to furnish all labor, materials, equipment and transportation, and to do all work required to complete the said work in accordance with the said Specifications for the monthly unit prices named in the following schedule:
EDDIE PARK:
Item
Mowing with rotary mower: recreational area, lawn, and parkway (Every other week, except for once a week during the warm season) Edging, trimming all areas after mowing (Every other week, except for once a week during the warm season)
Sweep/blow all concrete areas, picnic area, steps, recreational area and sidewalks around the parkway and cleaning up leaves, litter and debris Detailing shrubs and flower beds
Picking up and emptying trash M-W-F-Sun
Weed control throughout the Park
Preventative maintenance (PM) irrigation: maintain and repair Field maintenance plan (per Table I)
Cultivating and/or mulching planter beds
Trimming shrubs
Filling dog waste stations
Dress up engineered wood fiber (EWF) in the play areas
EDDIE PARK TOTAL
GARFIELD PARK:
Item
Mowing with rotary mower: recreational area, lawn, and parkway (once a week, except for twice a week during the warm season)
Edging, trimming all areas after mowing (once a week, except for twice a week during the warm season)
Sweep/blow all concrete areas gazebo picnic area, steps, recreational area and sidewalks around the parkway and cleaning up leaves, litter and debris Blowing leaves, weeding and cleanup of tennis courts
Power washing tennis courts
Power washing gazebo and picnic area
Power wash inside and outside of park restroom
Maintenance Services Agreement
Page48 of57
Authorized for Use 11.15.16
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Price per month Frequency
lx/2wks. (except
527.05 Ix/wk. in warm
season)
lx/2wks. (except
129.01 lx/wk. in warm
season)
168.74 Weekly
126.56 Weekly
84.37 4 days/wk.
63.28 Weekly
105.46 Weekly
63.28 Per Table I
63.28 Monthly
63.28 Weekly
63.28 Weekly
63.28 Weekly
1,520.87
Price per month Frequency
Weekly (except
1,216.00 2x's/wk. in warm
season)
Weekly (except
203.81 2x's/wk. in warm
season)
316.03 Weekly
197.52 Weekly
197.52 Monthly
79.01 Weekly
79.01 Monthly
15 - 57
Power wash playground rubber surface $ 79.01
Picking up and emptying all trash cans seven days per week $ 79.01 Unlock the park restrooms (Saturday, Sunday & holiday's before 7:00 am) $ 39.50 Additional afternoon trash pickup of gazebo trash cans on Saturday, $ 108.63 Sunday & holiday's Weed abatement and pre-emergent $ 125.23
Weed control throughout the Park $ 79.01
PM irrigation: maintain and repair $ 79.01
Field maintenance plan (per Table I) $ 118.50
Rose maintenance including fertilization and pruning $ 79.01 Clean BBQ pits $ 39.50
Re-planting $ 39.50
Detailing shrubs and flower beds $ 39.50
Clearing turf around valve boxes $ 39.50
Rototill sand area equipment $ 39.50
Rake, grade and clean sand play area including setting sand under slide $ 39.50 Filling dog waste stations $ 39.50
GARFIELD PARK TOTAL $ 3,352.31
HERITAGE PARK (including Meridian Ave. median between Mission St. and El Centro St.):
Item
Blowing and cleaning up leaves and debris including the concrete areas, plaza, median and sidewalk and cleaning up leaves, litter and debris Picking up and emptying trash M-W-F
Detailing shrubs and flower beds
PM irrigation: maintain and repair
Mow and edge parkway turf
HERITAGE PARK TOTAL
Maintenance Services Agreement
Page49 of57
Authorized for Use 11.15.16
Price per month
$ 296.25
$ 55.90
$ 44.72
$ 44.72
$ 44.72
$ 486.31
Monthly
7 days/wk.
Weekly
Weekly
2x's/yr.
Weekly
Weekly
Per Table I
4x's/yr.
Weekly
Ix/yr.
Weekly
Weekly
Monthly
Weekly
Weekly
Frequency
Weekly
3 days/wk.
Weekly
Weekly
lx/2 wks.
15 - 58
LIBRARY PARK:
Item
Mowing with rotary mower: including lawn area and parkway (Every other week, except for once a week during the warm season) Edging, trimming all areas after mowing (Every other week, except for once a week during the warm season)
Sweep/blow all concrete areas, steps, and sidewalks around the parkway and cleaning up leaves, litter and debris
Rose maintenance including fertilization and pruning
Picking up and emptying trash M-W-Th-F
Weed control throughout the Park
Field maintenance plan (per Table I)
PM irrigation: maintain and repair
Detailing shrubs and flowering plants
Re-planting
LIBRARY PARK TOTAL
WAR MEMORIAL PARK:
Item
Mowing with rotary mower: including lawn area and parkway (Every other week, except for once a week during the warm season) Edging, trimming all areas (Every other week, except for once a week during the warm season)
Sweep/blow all concrete areas, steps, and sidewalks around the parkway and cleaning- up leaves, litter and debris
Sweep/blow Oaklawn Bridge
Picking up trash (Bid item removed, no trash cans)
Weed control throughout the Park
Field maintenance plan (per Table I)
PM irrigation: maintain and repair
Detailing shrubs and flowering plants
Clean Swale
WAR MEMORIAL PARK TOTAL
Maintenance Services Agreement
Authorized for Use t 1.15.16
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Price per month Frequency
lx/2wks. (except
837.74 Ix/wk. in warm
season)
lx/2wks. (except
87.10 Ix/wk. in warm
season)
186.04 Weekly
62.01 4x's/yr.
124.02 4 days/wk.
248.05 Weekly
139.53 Per Table I
186.04 Weekly
248.05 Monthly
62.01 2x's/wk.
2,180.59
Price per month Frequency
lx/2\vks. (except
388.36 Ix/wk. in warm
season)
lx/2wks. (except
68.90 Ix/wk. in warm
season)
112.69 Weekly
28.17 Monthly
- -
112.69 Weekly
63.39 Per Table I
112.69 Weekly
42.26 As needed
70.43 Monthly
999.58
15 - 59
ORANGE GROVE PARK AND SERVICE FACILITY:
Item
Mowing with rotary mower: recreational area, lawn, sports field, and parkway (once a week, except for twice a week during the warm season) Edging, trimming all areas after mowing (once a week, except for twice a week during the warm season)
Sweep/blow all concrete areas gazebo picnic area, steps, bleachers, dugouts, and sidewalks around the parkway and cleaning up leaves, litter and debris
Blowing leaves, weeding and cleanup of tennis courts
Power washing tennis courts
Power washing gazebo and picnic area
Power wash inside and outside of park restroom
Power wash playground rubber surface
Picking up and emptying all trash cans seven days per week Unlock the park restrooms (Saturday, Sunday & holiday's before 7:00 am) Additional afternoon trash pickup of gazebo trash cans on Saturday, Sunday & holiday's
PM irrigation: maintain and repair
Field maintenance plan (per Table IV)
Detailing shrubs and flower beds
Rototill sand area equipment
Rake, grade and clean sand play area including setting sand under slide Filling dog waste stations
ORANGE GROVE PARK AND SERVICE FACILITY TOTAL
ARROYO PARK AND SPORTS FIELDS:
Item
Mowing with rotary mower: recreational area, lawn, sports field, and parkway (once a week, except for twice a week during the warm season) Edging, trimming all areas after mowing (once a week, except for twice a week during the warm season)
Sweep/blow all concrete areas gazebo picnic area, steps, bleachers, dugouts, and sidewalks around the parkway and cleaning up leaves, litter and debris
Power washing gazebo and picnic area
Power wash inside and outside of park restroom .,~
Maintenance Services Agreement
Authorized for Use I I. I 5 .16
Price per month Frequency
Weekly (except
$ 1,302.75 2x's/wk. in warm
season)
Weekly (except
$ l 71.41 2x' s/wk. in warm
season)
$ 274.26 Weekly
$ 137.13 Weekly
$ 137.13 Monthly
$ I 7 l.41 Weekly
$ 102.85 Monthly
$ 102.85 Monthly
$ 274.26 7 days/wk.
$ 34.28 Weekly
$ 68.57 Weekly
$ 137.13 Weekly
$ 244.25 Per Table IV
$ 102.85 Weekly
$ 34.28 Monthly
$ 34.28 Weekly
$ 34.28 Weekly
$ 3,363.97
Price per month Frequency
Weekly (except
$ 2, 11 l.34 2x's/wk. in warm
season)
Weekly (except
$ 263.92 2x's/wk. in warm
season)
$ 211.13 Weekly
$ 211.13 Weekly
$ 211.13 Monthly
15 - 60
Picking up and emptying all trash cans seven days per week Unlock the park restrooms (Saturday, Sunday & holiday's before 7:00 am) Additional afternoon trash pickup of gazebo trash cans on Saturday, Sunday and holiday's
PM irrigation: maintain and repair
Field maintenance plan (per Tables II and III)
Re-planting
Detailing shrubs and flower beds
Dress up EWF in the play areas
Filling dog waste stations
Maintain 10 foot weed and shrub clearance from the fence around the ball fields
ARROYO PARK AND SPORTS FIELDS TOTAL
ARROYO SECO WOODLAND AND WILDLIFE PARK:
Item
Litter removal
ARROYO SECO WOODLAND AND WILDLIFE PARK TOTAL
DOG PARK, SKATE PARK AND PARKING LOT:
Item
Trash pick-up at both parks and the parking lot on M-W-F (including picking up dog waste within the Dog Park)
Blow EWF back into the planters
Weed control
Fill dog waste stations
Fill in low areas of DO (including the walkway in front of the park) Clearing out the trash beneath the skate park ramps
Sweep/blow and remove debris, leaves and litter from the Parks, walkway surrounding the Parks and the Parking Lot
DOG PARK, SKATE PARK AND PARKING LOT TOTAL
DEMONSTRATION GARDEN:
Item
Mowing with rotary mower (Every other week, except for once a week during the warm season)
Edging, trimming all areas (Every other week, except for once a week during the warm season)
Blowing and cleaning up leaves, litter and debris
Maintenance Services Agreement
Authorized for Use 11.15.16
$ 211.13 7 days/wk.
$ 52.78 Weekly
$ 158.35 Weekly
$ 263.92 Weekly
$ 395.00 Per Tables II & III
$ 158.35 Ix/yr.
$ 211.13 Weekly
$ 211.13 Weekly
$ 105.57 Weekly
$ 211.13 Monthly
$ 4t987.14
Price per month Frequency
$ 297.87 Weekly
$ 297.87
Price per month Frequency
$ 123.98 3x's/wk.
$ 31.00 Weekly
$ 31.00 Weekly
$ 31.00 Weekly
$ 31.00 Weekly
$ 21.70 Weekly
$ 24.80 Weekly
$ 294.48
Price per month Frequency
lx/2wks. (except
$ 279.48 Ix/wk. in warm
season)
lx/2wks. (except
$ 55.90 Ix/wk. in warm
season)
$ 39.13 Weekly
15 - 61
Picking up and emptying trash T-Th
Spreading mulch
Weed abatement/control
Fill dog waste station
Detailing shrubs and flower beds
PM irrigation: maintain and repair
DEMONSTRATION GARDEN TOTAL
VIA DEL REY POCKET PARKS (NORTH AND SOUTH):
Item
Mowing with rotary mower
Edging, trimming all areas
Blowing and cleaning up leaves, litter and debris
Picking up and emptying trash T-Th
Weed abatement/control
Detailing shrubs and flower beds
PM irrigation: maintain and repair
VIA DEL REY POCKET PARKS (NORTH AND SOUTH) TOTAL
SAN PASQUAL PARK:
Litter removal
Weed abatement
Item
SAN PASCUAL PARK TOTAL
Maintenance Services Agreement
Authorized for Use 11.15.16
$ 50.31 2 days/wk.
$ 11.18 2x's/yr.
$ 16.77 Monthly
$ 16.77 Monthly
$ 44.72 Weekly
$ 44.72 Weekly
$ 471.41
Price per month Frequency
$ 221. 19 lx/2wks.
$ 29.22 lx/2wks.
$ 25.01 lx/2wks.
$ 50.08 2 days/wk.
$ 41.73 Monthly
$ 37.56 lx/2wks.
$ 33.38 lx/2wks.
$ 438.20
V
Price per month Frequency
$ 158.99 Monthly
$ 85.61 Monthly
$ 244.60
15 - 62
SNAKE TRAIL:
Item
Sweep/blow all concrete/asphalt areas cleaning up leaves, litter and debris Litter removal
Trim the shrubs adjacent to the trail to maintain clearance Weed abatement/control
SNAKE TRAIL TOTAL
STONEY DRIVE AND ARROYO DRIVE TRAILS:
Item
Weed Abatement/control
Spread mulch along the whole trail
Litter removal
A 6-foot wide minimum walkway shall be maintained. Any bushes or trees conflicting with the walkway shall be removed.
Tree skirting (tree clearance should be checked quarterly and corrected if needed)
STONEY DRIVE AND ARROYO TRAILS TOTAL
CIVIC CENTER AND PARKING LOTS:
Item
Trimming all ivy and shrubs
Courtyard maintenance including: manual watering, weed control, plant detailing and trash removal
Sweep/blow and remove debris, leaves and litter from sidewalks and aooroaches around the Civic Center and Parking Lots
Detailing plants in the planter
PM irrigation: maintain and repair
CIVIC CENTER AND PARKING LOTS TOTAL
Maintenance Services Agreement
Authorized for Use 11.15.16
Price per month Frequency
$ 12.13 Monthly
$ 12.13 Monthly
$ 12.12 Monthly
$ 12.13 Monthly
$ 48.51
Price per month Frequency
$ 19.42 4x's/yr.
$ 19.40 4x's/yr.
$ 19.40 4x's/yr.
$ 19.40 4x's/yr.
$ 19.40 4x's/yr.
$ 97.02
Price per month Frequency
$ 140.87 Monthly
$ 140.87 Monthly
$ 352.17 Weekly
$ 169.04 Weekly
$ 140.87 Weekly
$ 943.82
15 - 63
SAN PASQUAL HOUSE:
Item Price per month
Mowing with rotary mower: including lawn area and parkway $ 91.81 Edging, trimming all areas $ 33.39
SAN PASCUAL HOUSE TOTAL $ 125.20
MEDIANS AND EASEMENTS (except Stoney Drive Easement and South Pasadena Sign Hillside) Item
Mowing with rotary mower
Edging, trimming all areas
Blowing and cleaning up leaves, litter and debris
Detailing shrubs and flowering planters
Sidewalk cleaning and trash removal
Pest Control
Weed Control
PM irrigation: maintain and repair
Deep root tree fertilization
Rose maintenance including fertilization and pruning
Spreading mulch
Re-planting
MEDIANS AND EASEMENTS TOTAL
Maintenance Services Agreement
Authorized for Use 11.15.16
Price per month
$ 883.84
$ 184.13
$ 515.58
$ 220.96
$ 257.79
$ 184.13
$ 515.58
$ 515.58
$ 73.65
$ 147.31
$ 147.31
$ 36.83
$ 3,682.69
Frequency
lx/2 wks.
lx/2 wks.
Frequency
lx/2 wks.
lx/2 wks.
Weekly
Weekly
Weekly
4x's/yr.
Weekly
Weekly
Ix/yr.
4x's/yr.
4x's/yr.
Ix/yr.
15 - 64
SOUTH PASADENA SIGN HILLSIDE & SIGN TRAIL:
Item
Picking up and emptying trash cans T-Th
SOUTH PASADENA SIGN HILLSIDE & SIGN TRAIL TOTAL
WATER FACILITIES:
Item
Garfield Reservoir
Grand Reservoir
Westside Reservoir
Kolle Pump House
Bilicke Tank
Raymond Tank
Wilson Reservoir
Wilson Well 2
Graves Reservoir
WATER FACILITY TOTAL
MONTHLY TOTAL = $25,428.15
Maintenance Services Agreement
Authorized for Use 11. 15.16
Price per month Frequency
$ 223.90 2 days/wk.
$ 223.90
Price per month Frequency
$ 201.26 lx/2wks.
$ 201.26 lx/2wks.
$ 201.26 lx/2wks.
$ 59.64 lx/2wks.
$ 272.07 lx/2wks.
$ 130.45 lx/2wks.
$ 272.07 lx/2wks.
$ 130.45 lx/2wks.
$ 201.26 lx/2wks.
$ 1,669.68
15 - 65
RATE SHEET
Item
Landscape Maintenance Labor
Irrigation Specialist
Certified Arborist ( optional service)
Foreman
Supervisor
Walk Behind Self-Propelled Aerator
Tractor with Aerator attachment
Bobcat/Skid Steer
Utility Tractor-Hydrolic or P.T.O Driven
Dump Truck
Walk behind trencher
Turf Vacuum/Power Rake
EXTRA WORK PLANT MATERIAL
(cost include material and labor to install)
I gallon plant or shrub
I gallon native plant
5 gallon plant or shrub
5 gallon native plant
15 gallon plant or shrub
15 gallon native plant
15 gallon Tree w/stakes and VIT Twist Brace
24" Box Tree w/stakes and VIT Twist Brace
36" Box Tree
48" Box Tree
60" Box Tree
Maintenance Services Agreement
Authorized for Use 11.15.16
Price per hour
$ 50.00
$ 55.00
$ 75.00
$ 60.00
$ 70.00
$ 125.00
$ 125.00
$ 125.00
$ 125.00
$ 175.00
$ 150.00
$ 125.00
Price per plant or
tree
$ 8.00
$ 10.00
$ 25.00
$ 27.50
$ 75.00
$ 85.00
$ 125.00
$ 400.00
$ 825.00
$ 1,750.00
$ 4,000.00
THIS PAGE
INTENTIONALLY
LEFT BLANK
15 - 66
ATTACHMENT 3
First, Second, and Third Contract Amendments with
LandCare
15 - 67
THIS PAGE
INTENTIONALLY
LEFT BLANK
15 - 68
15 - 69
FIRST AMENDMENT TO
MAINTENANCE AGREEMENT
THIS AMENDMENT ("Amendment") is made as of this 15th day of August, 2018, by and between the CITY OF SOUTH PASADENA ("City") and LANDCARE ("Contractor").
RECITALS
WHEREAS, on January 1, 2018, the City and Contractor entered into a Maintenance Agreement ("Agreement") for the Contractor to provide landscape maintenance of City parks, medians, facilities, and grounds at a monthly cost of $25,428.15; and WHEREAS, the City has determined that maintenance is required at the newly constructed Arroyo Seco Bicycle and Pedestrian Trail; and WHEREAS, the Contractor is willing and able to provide these additional services for an additional cost of $355 per month.
NOW THEREFORE, THE CITY AND THE CONTRACTOR AGREE AS FOLLOWS:
I. SCOPE OF SERVICES. That Section 3.1 of the Agreement is hereby amended to read as follows:
Such maintenance services are set for the in the Scope of Services described in (i) Exhibit A of the Agreement and incorporated herein by this reference and (ii) the Amendment to Scope of Services attached hereto as Exhibit A-1 and incorporated herein by this reference.
2. AGREEMENT ADMINISTRATOR. That Section 3.2 of the Agreement is hereby amended to read as follows:
The Agreement Administrator for this project is Kristine Courtly, Public Works Operations Manager. The Agreement Administrator shall be the principal point of contact at the City of this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish a timetable for completion of services and any interim milestones. City reveres the right to change this designation upon written notice to the Contractor.
3. MAXIMUM AMOUNT. That Section 3.3 of the Agreement is hereby amended to read as follows:
15 - 70
The highest total compensation and costs payable to the Contractor by the City under this Agreement; The Maximum Amount under this Agreement is twentyfive thousand, seven hundred eighty three Dollars and fifteen cents (which includes the compensation for the original scope of services set forth in Exhibit A in the amount of $25,428.15, additional services set forth in Exhibit A-1 in the amount of $355 for this Amendment, totaling $25,783.15) per month. Breakdown of the cost of each item is included in the Contractor's Bid Proposal and Rate Sheet described in (i) Exhibit B of the Agreement and incorporated herein by this reference and (ii) the Amendment to Contractor's Bid Proposal attached hereto as Exhibit B-1 and incorporated herein by this reference.
4. NOTICES. The addresses to send Notice sent by mail under Section 16 shall be amended to read as follows:
If to City:
Stephanie De Wolfe, City Manager
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91030
With courtesy copy to:
Teresa L. Highsmith, Esq.
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
lfto Contractor:
LandCare
4134 Temple City Blvd.
Rosemead, CA 91770
5. 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
15 - 71
"City"
City of
Title:
Date:_'B__,,\_15---+\ ,i_o_U_s. __ _
Attest:
By: __ ._,,:;......,if------J----+----+--+------
E
Date: "6'J 16JU 1~
Approved as to form:
By:--.,,il[L-__ ....::.._:i,,:::,,,_£___,_~,;£+.------"--,:______:==--- Teresa L. Highsmith, C
Date: ---"-_.,,_ q;\ l'iD18 _____ _
''Contractor"
LandCare
Title:~/1'-----'--'((;;=:........::0:::::LW-=-.:'lr-'-----"----· _0c_c€""-----.LL.......:::..._:....__ Date: t:3 / t J / / 8, -----1-1---'----
15 - 72
Exhibit A-1
Amendment to Scope of Services
The following shall be added as a Contract Item under Agreement Exhibit A, Item 1.01 Contract Items, I. Parks and Trails:
• Arroyo Seco Bicycle and Pedestrian Trail located along Lohman Lane from Stoney Drive to the Arroyo Seco Woodland and Wildlife Park
The following shall be added as an Irrigation System under Agreement Exhibit A, Item 1.07 Irrigation Systems -Responsibility, Maintenance, Watering:
Contract Item Facility System
I. PARKS & TRAILS
Arroyo Seco Bicycle and Pedestrian Trail Automatic
Arroyo Seco Bicycle and Pedestrian Trail Maintenance Schedule:
Maintenance Item Frequency
Detailing ground cover 1 day/wk.
Blowing and cleaning up leaves, litter and debris I day/wk.
Picking up and emptying trash cans M 1 day/wk.
Picking up and emptying trash cans Th 1 day/wk.
Weed abatement/control Monthly
Tree skirting and trimming bush branches that interfere with trail Quarterly PM irrigation: maintain and repair Monthly
15 - 73
Exhibit B-1
Amendment Contractoe s Bid Proposal
HEREBY PROPOSE to furnish all labor, materials, equipment and transportation, and to do all work required to complete the said work in accordance with the said Specifications for the monthly unit prices named in the following schedule:
ARROYO SECO BICYCLE AND PEDESTRAIL TRAIL:
Item Price per month Frequency
Detailing ground cover $ 55.00 1 day/wk.
Blowing and cleaning up leaves, litter and debris $ 120.00 1 day/wk.
Picking up and emptying trash cans M $ 35.00 1 day/wk.
Picking up and emptying trash cans Th $ 35.00 1 day/wk.
Weed abatement/control $ 25.00 Monthly
Tree skirting and trimming bush branches that interfere with trail $ 20.00 Quarterly PM irrigation: maintain and repair $ 65.00 Monthly
ARROYO SECO BICYCLE AND PEDESTRAIL TRAIL TOTAL $ 355.00 MONTHLY TOTAL= $25,783.15 (Agreement Total $25,428.15 + Amendment Total $355.00)
15 - 74
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242D8511 uu1,;u.::,1y11 c:11vt::1uµt:: I u : / CU:JJ-\.)'4L-.)J-\r0-'4 I /-\l:HH /-\.)-/ 0 ·1 LL:>'4 I ,JOUC:
SECOND AMENDMENT TO
MAINTENANCE AGREEMENT
Contract #2020-063
THIS SECOND AMENDMENT ("Second Amendment") is made as of this December 02, 2020, by and between the CITY OF SOUTH PASADENA ("City") and LANDCARE ("Contractor").
RECITALS
WHEREAS, on January 1, 2018, the City and Contractor entered into a Maintenance Agreement ("Agreement") for the Contractor to provide landscape maintenance of City parks, medians, facilities, and grounds at a yearly cost of $305,137.80; and WHEREAS, on August 15, 2018, the City Council approved the First Amendment to the Agreement in order to provide additional monthly maintenance of the newly constructed Arroyo Seco Bicycle and Pedestrian Trail, at an additional cost of $355 per month, for a total yearly cost of $309,397.80; and
WHEREAS, the City desires to extend the Agreement on the same terms as set forth in the Agreement and the First Amendment for an additional two years, through December 31 , 2022 for a total yearly cost of $310,448.16;
NOW THEREFORE, THE CITY AND THE CONTRACTOR AGREE AS FOLLOWS:
1. AGREEMENT ADMINISTRATOR. That Section 3.2 of the Agreement is hereby amended to read as follows:
to read:
The Agreement Administrator for this project is Garrett Crawford, Public Works Operations Manager. The Agreement Administrator shall be the principal point of contact at the City of this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish a timetable for completion of services and any interim milestones. City reveres the right to change this designation upon written notice to the Contractor.
2. MAXIMUM AMOUNT. That Section 3.3. of the Agreement is hereby amended "Maximum Amount" : The highest total compensation and costs payable to Contractor by City under this Agreement and Amendment 1. The Maximum Amount under this Agreement is twenty-five thousand, five-hundred and fifteen dollars and sixty-eight cents ($25 ,515.68) per month pursuant to Exhibit B-2 15 - 75
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242D8511 uocu::;1gn t:nve1ope 1u: /l:!UoAJ4~-JAt-o-4 7 Ai:J-i:J / AJ- 71:l 7 a547JtiUt:
Contract #2020-063
attached to and incorporated by this Amendment 2, plus $355/month pursuant to Exhibit B-1 of Amendment 1, for a total monthly Maximum Amount of twentyfive thousand, eight-hundred and seventy dollars and sixty-eight cents ($25,870.68.)
3. TERMINATION DATE. That Section 3.5 of the Agreement is hereby amended to read: "Termination Date" : December 31 , 2022.
4. NOTICES. The addresses to send Notice sent by mail under Section 16 shall be amended to read as follows:
lfto City:
Sean Joyce, Interim City Manager
City of South Pasadena
14 I 4 Mission Street
South Pasadena, CA 91030
With courtesy copy to:
Teresa L. Highsmith, Esq.
South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd. Ste. 850
Pasadena, CA 91 l O 1
Telephone: (213) 542-5700
Facsimile : (213) 542-5710
If to Contractor:
LandCare
4134 Temple City Blvd.
Rosemead, CA 91 770
5. PROVISIONS OF AGREEMENT. All other terms, conditions, and provisions of the Agreement and First Amendment, dated August 15, 20 18, to the extent not modified by this Amendment, shall remain in full force and effect.
15 - 76
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242D8511 uuc;u.:,1y11 CIIVt,IUI.J" IU. I OUO/-\J't£-J/-\rO- "+ 11-\\:H// 1-\J-I O I ££0'1 I JOUt:
"City"
City of South Pasadena G~'"'"·~,,,
BYS $ ;;96~~~<;;: igna ure
P . t d Sean Joyce rm e :
Title: Interim city Manager
Date: 3/11/2021
Attest:
DocuSigned by:
By: ~ ~15Wt59'1f ml0::tzroet:=-:-----=:---:--------- Mari a . Aya a, City Clerk Date:
3/15/2021
Approved as to form:
Teresa L. Highsmith, City Attorney
D 3/11/2021
ate:
------------
Contract #2020-063
"Contractor"
La~n: . Care
By:~_~/ ~t:/=-
gnature
Printed: Donald A. Cully
Title: Regional Vice President
Date: January 8, 2021
15 - 77
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242DB511 ~ocu::i1gn t::nvelope IU: 71::!U5AJ4:.!-JAl-t:i-41 Al:H:J7 A;;J-71::! 1:.!:.!547;:Jt:iUt::
Exhibit B
Contractor's Bid Proposal
Contract #2020-063
HEREBY PROPOSE to furnish all labor, materials, equipment and transportation, and to do all work required to complete the said work in accordance with the said Specifications for the monthly unit prices named in the following schedule:
EDDIE PARK:
Item
Mowi ng with roiary mower: recreational area, lawn, and parkway (Every other week, except for once a week during the warm season) Edging, trimmi ng all areas after mowing (Every other week, except for once a week during the warm season)
Sweep/blow all concrete areas, picnic area , steps, recreational area and sidewalks around the parkway and cleaning up leaves, litter and debris Detailing shrubs and nower beds
Picking up and emptying trash M-W-F-Sun
Weed control throughout the Park
Preventative maintenance (PM) irrigation: maintain and repair Field maintenance plan (per Table I)
Cultivati ng and/or mulching planter beds
Trimming shrubs
Filling dog waste stations
Dress up engineered wood fiber (EWF) in the play areas
EDDIE PARK TOTAL
GARFIELD PARK:
Item
Mowing with rotary mower: recreational area, lawn, and parkway (once a week, except for twice a week during the warm season)
Edging, trimming all areas after mowing (once a week, except for twice a week during the warm season)
Sweep/blow all concrete areas gazebo picnic area, steps, recreational area and sidewalks around the parkway and cleaning up leaves, litter and debris Blowing leaves, weeding and cleanup of tennis courts
Power washing tennis courts
Power washing gazebo and picnic area
Power wash inside and outside of park restroom
Maintenance Services Agreement
Authorized for Use 11.15.16
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Price per month Frequency
lx/2wks. (except
527.05 Ix/wk. in warm
season)
I x/2wks. (except
129.01 Ix/wk. in warm
season)
168.74 Weekly
126.56 Weekly
84.37 4 days/wk.
63 .28 Weekly
105.46 Weekly
63.28 Per Table I
63.28 Monthly
63.28 Weekly
63 .28 Weekly
63.28 Weekly
1,520.87
Price per month Frequency
Weekly (except
1,216.00 2x's/wk. in warm
season)
Weekly (except
203.81 2x's/wk. in warm
season)
316.03 Weekly
197.52 Weekly
197.52 Monthly
79.01 Weekly
79.01 Monthly
15 - 78
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242D8511 uocu;::,Ign t::nveIope I u : / t:lU:JAJ'!Z-JAl"ti-41 A\H:i/ AJ-/ t:l l ZZ:J'! / jtiUt:
Power wash playground rubber surface
Picking up and emptying all trash cans seven days per week Unlock the park restrooms (Saturday, Sunday & holiday's before 7:00 am) Additional afternoon trash pickup of gazebo trash cans on Saturday, Sunday & holiday's
Weed abatement and pre-emergent
Weed control throughout the Park
PM irrigation: maintain and repair
Field maintenance plan (per Table I)
Rose maintenance including fertilization and pruning
Clean BBQ pits
Re-planting
Detailing shrubs and flower beds
Clearing turf around valve boxes
Rototill sand area equipment
Rake, grade and clean sand play area including setting sand under slide Filling dog waste stations
GARFIELD PARK TOTAL
Contract #2020-063
$ 79.01 Monthly
$ 79.01 7 days/wk.
$ 39.50 Weekly
$ 108.63 Weekly
$ 125.23 2x's/yr.
$ 79.01 Weekly
$ 79.01 Weekly
$ 118.50 Per Table I
$ 79.01 4x's/yr.
$ 39.50 Weekly
$ 39.50 Ix/yr.
$ 39.50 Weekly
$ 39.50 Weekly
$ 39.50 Monthly
$ 39.50 Weekly
$ 39.50 Weekly
$ 3,352.31
HERITAGE PARK (including Meridian Ave. median between Mission St. and El Centro St.):
Item
Blowing and cleaning up leaves and debris including the concrete areas, plaza, median and sidewalk and cleaning up leaves, litter and debris Picking up and emptying trash M-W-F
Detailing shrubs and flower beds
PM irrigation: maintain and repair
Mow and edge parkway turf
HERITAGE PARK TOTAL
Maintenance Services Agreement
Authorized for Use 11.15.16
$
$
$
$
$
$
Price per month Frequency
296.25 Weekly
55.90 3 days/wk.
44.72 Weekly
44.72 Weekly
44.72 lx/2 wks.
486.31
15 - 79
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242D8511 uuGuu1y11 CIIY~IUIJ~ IU. /DUOM.:>'+£-.:>/-\rO-"t l/-\':;j-~/1-\.,)-/0 1££0'+{.:>0UC LIBRARY PARK:
Item
Mowing with rotary mower: including lawn area and parkway (Every other week, except for once a week during the warm season) Edging, trimming all areas after mowing (Every other week, except for once a week during the warm season)
Sweep/blow all concrete areas, steps, and sidewalks around the parkway and cleaning up leaves, litter and debris
Rose maintenance including fertilization and pruning
Picking up and emptying trash M-W-Th-F
Weed control throughout the Park
Field maintenance plan (per Table I)
PM irrigation: maintain and repair
Detailing shrubs and flowering plants
Re-planting
LIBRARY PARK TOTAL
WAR MEMORIAL PARK·
Item
Mowing with rotary mower: including lawn area and parkway (Every other week, except for once a week during the warm season) Edging, trimming all areas (Every other week, except for once a week during the warm season)
Sweep/blow all concrete areas, steps, and sidewalks around the parkway and cleanin.e; up leaves, litter and debris
Sweep/blow Oaklawn Bridge
Picking up trash (Bid item removed, no trash cans)
Weed control throughout the Park
Field maintenance plan (per Table I)
PM irrigation: maintain and repair
Detailing shrubs and flowering plants
Clean Swale
WAR MEMORIAL PARK TOTAL
Maintenance Services Agreement
Authorized for Use 11.15.16
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Contract #2020-063
Price per month Frequency
lx/2wks. (except
837.74 Ix/wk. in warm
season)
Ix/2wks. (except
87.10 Ix/wk. in warm
season)
186.04 Weekly
62.01 4x's/yr.
124.02 4 days/wk.
248.05 Weekly
139.53 Per Table I
186.04 Weekly
248.05 Monthly
62.01 2x's/wk.
2,180.59
Price per month Frequency
I x/2wks. (except
388.36 Ix/wk. in warm
season)
lx/2wks. (except
68.90 Ix/wk. in warm
season)
I 12.69 Weekly
28.17 Monthly
- -
112.69 Weekly
63.39 Per Table I
112.69 Weekly
42.26 As needed
70.43 Monthly
999.58
15 - 80
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242DB511 uocu.:>1y11 c11ve1ope 1u: /tlUOAJ4L-JAro-4-l/-\lM:lf /-\J- / tl"ILL04/ JOUc ORANGE GROVE PARK AND SERVICE FACILITY:
Item
Mowing with rotary mower: recreational area, lawn, sports field, and parkway (once a week, except for twice a week during the warm season) Edging, trimming all areas after mowing (once a week, except for twice a week during the warm season)
Sweep/blow all concrete areas gazebo picnic area, steps, bleachers, dugouts, and sidewalks around the parkway and cleaning up leaves, litter and debris
Blowing leaves, weeding and cleanup of tennis courts
Power washing tennis courts
Power washing gazebo and picnic area
Power wash inside and outside of park restroom
Power wash playground rubber surface
Picking up and emptying all trash cans seven days per week Unlock the park restrooms (Saturday, Sunday & holiday's before 7:00 am) Additional afternoon trash pickup of gazebo trash cans on Saturday, Sunday & holiday's
PM irrigation: maintain and repair
Field maintenance plan (per Table IV)
Detailing shrubs and flower beds
Rototill sand area equipment
Rake, grade and clean sand play area including setting sand under slide Filling dog waste stations
ORANGE GROVE PARK AND SERVICE FACILITY TOTAL
ARROYO PARK AND SPORTS FIELDS:
Item
Mowing with rotary mower: recreational area, lawn, sports field, and parkway (once a week, except for twice a week during the warm season) Edging, trimming all areas after mowing (once a week, except for twice a week during the warm season)
Sweep/blow all concrete areas gazebo picnic area, steps, bleachers, dugouts, and sidewalks around the parkway and cleaning up leaves, litter and debris
Power washing gazebo and picnic area
Power wash inside and outside of park restroom ,
Maintenance Services Agreement
Authorized for Use 11 .15 .16
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Contract #2020-063
Price per month Frequency
Weekly (except
1,302.75 2x's/wk. in warm
season)
Weekly (except
171.41 2x's/wk. in warm
season)
274.26 Weekly
137.13 Weekly
137.13 Monthly
171.41 Weekly
102.85 Monthly
102.85 Monthly
274.26 7 days/wk.
34.28 Weekly
68.57 Weekly
137.13 Weekly
244.25 Per Table IV
102.85 Weekly
34.28 Monthly
34.28 Weekly
34.28 Weekly
3,363.97
Price per month Frequency
Weekly (except
2,111.34 2x's/wk. in warm
season)
Weekly (except
263.92 2x's/wk. in warm
season)
211.13 Weekly
211.13 Weekly
2 I 1.13 Monthly
15 - 81
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242D8511 uocu::;1gn t:nvelope IU: 7t::IUt>AJ4l-JAl-t:i-41A!H:17AJ-7t::11ll547JtiLJt.
Picking up and emptying all trash cans seven days per week Unlock the park restrooms (Saturday, Sunday & holiday's before 7:00 am) Additional afternoon trash pickup of gazebo trash cans on Saturday, Sunday and holiday's
PM irrigation: maintain and repair
Field maintenance plan (per Tables II and III)
Re-planting
Detailing shrubs and flower beds
Dress up EWF in the play areas
Filling dog waste stations
Maintain 10 foot weed and shrub clearance from the fence around the ball fields
ARROYO PARK AND SPORTS FIELDS TOTAL
ARROYO SECO WOODLAND AND WILDLIFE PARK:
Item
Litter removal
ARROYO SECO WOODLAND AND WILDLIFE PARK TOTAL
DOG PARK, SKATE PARK AND PARKING LOT:
Item
Trash pick-up at both parks and the parking lot on M-W-F (including picking up dog waste within the Dog Park)
Blow EWF back into the planters
Weed control
Fill dog waste stations
Fill in low areas of DG (including the walkway in front of the park) Clearing out the trash beneath the skate park ramps
Sweep/blow and remove debris, leaves and litter from the Parks, walkway surrounding the Parks and the Parking Lot
DOG PARK, SKATE PARK AND PARKING LOT TOTAL
DEMONSTRATION GARDEN:
Item
Mowing with rotary mower (Every other week, except for once a week during the warm season)
Edging, trimming all areas (Every other week, except for once a week during the warm season)
Blowing and cleaning up leaves, litter and debris
Maintenance Services Agreement
Authorized for Use 11.15.16
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Contract #2020-063
211.13 7 days/wk.
52.78 Weekly
158.35 Weekly
263.92 Weekly
395.00 Per Tables II & III
158.35 Ix/yr.
211.13 Weekly
211.13 Weekly
105.57 Weekly
211.13 Monthly
4,987.14
Price per month Frequency
297.87 Weekly
297.87
Price per month Frequency
123.98 3x's/wk.
31.00 Weekly
31 .00 Weekly
31.00 Weekly
31 .00 Weekly
21.70 Weekly
24.80 Weekly
294.48
Price per month Frequency
1 x/2wks. (except
279.48 Ix/wk. in warm
season)
lx/2wks. (except
55.90 Ix/wk. in warm
season)
39.13 Weekly
15 - 82
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242D8511 uu<.;u<>1y1 I C::I IVt:IUJJt: IU. / OU;Jf-\.)'+£- .)/-\rO-'+ I /-\>:J - >:J I,'-\,)- IO 1 ££0'+ I .)QUI:.
Picking up and emptying trash T-Th
Spreading mu lch
Weed abatement/control
Fill dog waste station
Detailing shrubs and flower beds
PM irrigation: maintain and repair
DEMONSTRATION GARDEN TOTAL
VIA DEL REY POCKET PARKS (NORTH AND SOUTH):
Item
Mowing with rotary mower
Edging, trimming all areas
Blowing and cleaning up leaves, litter and debris
Picking up and emptying trash T-Th
Weed abatement/control
Detailing shrubs and flower beds
PM irrigation: maintain and repair
VIA DEL REY POCKET PARKS (NORTH AND SOUTH) TOTAL
SAN PASQUAL PARK:
Litter removal
Weed abatement
Item
SAN PASCUAL PARK TOTAL
Maintenance Services Agreement
Authorized for Use 11.15.16
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
V
$
$
$
Contract #2020-063
50.31 2 days/wk.
11.18 2x's/yr.
16.77 Monthly
16.77 Monthly
44.72 Weekly
44.72 Weekly
A'11 A~
- -
1 $558.98
Price per month Frequency
221. 19 lx/2wks.
29.22 lx/2wks.
25.01 lx/2wks.
50.08 2 days/wk.
41.73 Monthly
37.56 lx/2wks.
33.38 lx/2wks.
438.20
Price per month Frequency
158.99 Monthly
85.61 Monthly
244.60
15 - 83
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242D8511 U0CU::ilgn t.nvelope IU: 7t:!U5A34£-3Al-o-41 A!:l-!:l7 A3-7t:! 12254 73t:H)t.
SNAKE TRAIL:
Item
Sweep/blow all concrete/asphalt areas cleaning up leaves, litter and debris Litter removal
Trim the shrubs adjacent to the trail to maintain clearance Weed abatement/control
SNAKE TRAIL TOTAL
STONEY DRIVE AND ARROYO DRIVE TRAILS:
Item
Weed Abatement/control
Spread mulch along the whole trail
Litter removal
A 6-foot wide minimum walkway shall be maintained. Any bushes or trees conflicting with the walkway shall be removed.
Tree skirting (tTee clearance should be checked quarterly and corrected if needed)
STONEY DRIVE AND ARROYO TRAILS TOTAL
CIVIC CENTER AND PARKING LOTS:
Item
Trimming all ivy and shrubs
Courtyard maintenance including: manual watering, weed control, plant detailing and trash removal
Sweep/blow and remove debris, leaves and litter from sidewalks and approaches around the Ci vie Center and Parking Lots
Detailing plants in the planter
PM irrigation: maintain and repair
CIVIC CENTER AND PARKING LOTS TOTAL
Maintenance Services Agreement
Authorized for Use I 1.15.16
Contract #2020-063
Price per month Frequency
$ 12.13 Monthly
$ 12.13 Monthly
.$ 12.12 Monthly
$ 12.13 Monthly
$ 48.51
Price per month Frequency
$ 19.42 4x's/yr.
$ 19.40 4x's/yr.
$ 19.40 4x's/yr.
$ 19.40 4x's/yr.
$ 19.40 4x's/yr.
$ 97.02
Price per month Frequency
$ 140.87 Monthly
$ 140.87 Monthly
$ 352.17 Weekly
$ 169.04 Weekly
$ 140.87 Weekly
$ 943.82
15 - 84
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242DB511 uocu::;Ign t:nveIope Iu: /l:lUoAJ4i-JAt-t:i-41A!H:17AJ-71:l1a54/Jt:iUt:
SAN PASQUAL HOUSE:
Item
Mowing with rotary mower: including lawn area and parkway Edging, trimming all areas
SAN PASCUAL HOUSE TOTAL
$
$
$
Contract #2020-063
Price per month Frequency
91.81 lx/2 wks.
33.39 lx/2 wks.
125.20
MEDIANS AND EASEMENTS (except Stoney Drive Easement and South Pasadena Sign Hillside) Item
Mowing with rotary mower
Edging, trimming all areas
Blowing and cleaning up leaves, litter and debris
Detailing shrubs and flowering planters
Sidewalk cleaning and trash removal
Pest Control
Weed Control
PM irrigation: maintain and repair
Deep root tree fertilization
Rose maintenance including fertilization and pruning
Spreading mulch
Re-planting
MEDIANS AND EASEMENTS TOTAL
Maintenance Services Agreement
Authorized for Use I l.15.16
$
$
$
$
$
$
$
$
$
$
$
$
$
Price per month Frequency
883.84 lx/2 wks.
184.13 lx/2 wks.
515.58 Weekly
220.96 Weekly
257.79 Weekly
184.13 4x's/yr.
515.58 Weekly
515.58 Weekly
73.65 Ix/yr.
147.31 4x's/yr.
147.31 4x's/yr.
36.83 Ix/yr.
3,682.69
15 - 85
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242DB511 uocu;:,1gn t:nve1ope 1u: /l:jU:JAj4Z-jArti-4 .IA\H:lfAj-/l:jl£Z:J4/jtiUt:
SOUTH PASADENA SIGN HILLSIDE & SIGN TRAIL:
Item
Picking up and emptying trash cans T-Th
SOUTH PASADENA SIGN HILLSIDE & SIGN TRAIL TOTAL
WATER FACILITIES:
Item
Garfield Reservoir
Grand Reservoir
Westside Reservoir
Kolle Pump House
Bilicke Tank
Raymond Tank
Wilson Reservoir
Wilson Well 2
Graves Reservoir
WATER FACILITY TOTAL
MONTHLY TOTAL= $25,428.15 $25,870.68
Maintenance Services Agreement
Authorized for Use 11.15 .16
Contract #2020-063
Price per month Frequency
$ 223.90 2 days/wk.
$ 223.90
Price per month Frequency
$ 201.26 lx/2wks.
$ 201.26 l x/2wks.
$ 201.26 lx/2wks.
$ 59.64 I x/2wks.
$ 272.07 lx/2wks.
$ 130.45 lx/2wks.
$ 272.07 lx/2wks.
$ 130.45 I x/2wks.
$ 201.26 lx/2wks.
$ 1,669.68
15 - 86
DocuSign Envelope ID: 987C0E11-1667-402A-B621-5077242DB511 DocuSign Envelope ID: 7BD5A342-3AF6-41 A9-97A3-7812254 736DE
RATE SHEET
Item
Landscape Maintenance Labor
Irrigation Specialist
Certified Arborist (optional service)
Foreman
Supervisor
Walk Behind Self-Propelled Aerator
Tractor with Aerator attachment
Bobcat/Skid Steer
Utility Tractor-Hydrolic or P.T.O Driven
Dump Truck
Walk behind trencher
Turf Vacuum/Power Rake
EXTRA WORK PLANT MATERIAL
(cost include material and labor to install)
l gallon plant or shrub
I gallon native plant
5 gallon plant or shrub
5 gallon native plant
15 gallon plant or shrub
15 gallon native plant
15 gallon Tree w/stakes and VIT Twist Brace
24" Box Tree w/stakes and VIT Twist Brace
36" Box Tree
48" Box Tree
60" Box Tree
Maintenance Services Agreement
Authorized for Use 11 .15 .16
Contract #2020-063
Price per hour
$ 50.00
$ 55.00
$ 75.00
$ 60.00
$ 70.00
$ 125.00
$ 125.00
$ 125.00
$ 125.00
$ 175.00
$ 150.00
$ 125.00
Price per plant or
tree
$ 8.00
$ 10.00
$ 25 .00
$ 27.50
$ 75 .00
$ 85.00
$ 125.00
$ 400.00
$ 825.00
$ 1,750.00
$ 4,000.00
THIRD AMENDMENT TO
MAINTENANCE AGREEMENT
THIS AMENDMENT (“Amendment”) is made on this 22nd day of December 2022, by and between the CITY OF SOUTH PASADENA (“CITY”) and LANDCARE (“CONTRACTOR”).
RECITALS
WHEREAS, on January 23, 2018, the City entered an agreement with the Contractor, to provide landscape maintenance throughout South Pasadena at parks, medians, facilities, and grounds for a total monthly maximum amount of $25,428.15; and
WHEREAS, on August 15, 2018, the city entered a first amendment agreement with the Contractor to include maintenance at the newly constructed Arroyo Seco Bicycle and Pedestrian Tral for a total monthly maximum amount of $25,738.15; and WHEREAS, On March 15, 2021; the city entered a second agreement on the same terms as set forth in the Agreement and the First Amendment for an additional two years, through December 31, 2022 for a total monthly maximum amount of $25,870.68; and
WHEREAS, the Payment for Services in the Agreement shall not exceed the Maximum Amount of the Agreement, as amended, unless the City has given specific advance approval in writing; and
WHEREAS, it is recommended Contractor continue to perform landscape maintenance services for the City during an interim period in the third quarter of Fiscal Year 2022-2023; and
WHEREAS, the costs for said services, on an as-needed basis, shall be in an amount not to exceed a total monthly maximum amount of $37,357.96.
NOW, THEREFORE, THE CITY AND THE CONTRACTOR AGREE AS FOLLOWS:
1. That Section 3.3 “Maximum Amount” of the Agreement is amended to read as follows: The highest total compensation and costs payable to the Contractor by the City under this Agreement; The Maximum Amount under DocuSign Envelope ID: 1A15D9AE-6E99-41A7-89A4-8977150D8F1B DocuSign Envelope ID: 3B36DB0C-B988-40C4-AD90-E219B78CFAB1 15 - 87
this Agreement is thirty-seven thousand and three-hundred fifty-seven dollars and ninety-six cents ($37,357.96) per month.
2. That Section 3.5 “Termination Date” of the Agreement is amended to March 31, 2023.
3. That Section 14 “Notices” is amended to read:
If to City: If to Contractor
H. Ted Gerber, Public Works Director Nick Patterson
City of South Pasadena LandCare
Public Works Department 4134 Temple City Blvd.
1414 Mission Street Rosemead, CA 91770
South Pasadena, CA 91030 Telephone: (626) 377-4845
Telephone: (626) 403-7240
Facsimile: (626) 403-7241
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
4. That all other terms, conditions, and provisions of the Agreement to the extent not modified by this Amendment, shall remain in full force and effect.
DocuSign Envelope ID: 1A15D9AE-6E99-41A7-89A4-8977150D8F1B DocuSign Envelope ID: 3B36DB0C-B988-40C4-AD90-E219B78CFAB1 15 - 88
“City”
City of South Pasadena
By:________________________________
Signature
Printed: Arminé Chaparyan
Title: City Manager
Date:______________________
“Contractor”
Landcare
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:________________________
DocuSign Envelope ID: 1A15D9AE-6E99-41A7-89A4-8977150D8F1B Nick Patterson
Branch Manager
1/26/2023
2/10/2023
2/10/2023
2/14/2023
DocuSign Envelope ID: 3B36DB0C-B988-40C4-AD90-E219B78CFAB1 15 - 89
10::";~, CHC
L 8C28A6A6EFB14A7
r.=:z: 'Jm-t ~ OE96AF29902BA51
THIS PAGE
INTENTIONALLY
LEFT BLANK
15 - 90
16 16 - 1
DATE:
FROM:
City Council
Agenda Report
April 19, 2023
Armine Chaparyan, City Manager
ITEM NO.
PREPARED BY: Domenica K. Megerdichian, Deputy City Manager --
SUBJECT: Approve Amendment for Special Counsel for SB 381 Implementation and Caltrans Properties Disposition with Akin Gump Strauss Hauer & Feld, LLP, for a Total Not-To-Exceed Amount of $40,000
Recommendation
It is recommended that the City Council:
1. Approve an amendment to the agreement with Akin Gump Strauss Hauer & Feld, LLP (Akin) for a new total not-to-exceed amount of $40,000; and
2. Direct the use and reallocation of Slater Reimbursement Reserve Funds for the work performed by Akin.
Executive Summary
On October 10, 2022, the City retained Dario J. Frommer with Akin as Special Counsel to assist with the settlement of the case City of South Pasadena v. California Department of Transportation. Akin was hired under the City Manager's authority capped at $25,000 at the time. The work being performed now relates to informing the City in the implementation of SB 381 and the disposition of the Caltrans properties.
This staff report presents an amendment to that agreement to continue that work and to augment the budget for services being provided under this agreement.
Background
The City of South Pasadena has first right of refusal for the unoccupied Caltrans properties that must be disposed of that are within our jurisdiction. The City Council has directed staff to complete inspections and financial analyses of these properties, and a number of community engagement and input sessions have taken place, ahead of City Council making policy decisions related to these properties. Dario J. Frommer with Akin was hired in October 2022 under the City Manager's authority level of the time, as special counsel to assist the City in potential legal matters related to the settlement of the case in regard to SB 381 implementation. The City desires to continue the work being performed by Akin to review, analyze and inform the City on various elements of SB 381 implementation ahead of upcoming policy decisions. In order to continue such work and provide further assistance regarding policy decisions on the disposition of the Caltrans properties, the City must amend the agreement. The City Council has authorized up to $40,000 for the total amount of the work.
Amendment with Akin for Caltrans Special Counsel
April 19, 2023
Fiscal Impact
To date, Special Counsel has invoiced the City $16,848 for work performed, and funded through the City’s legal services account #101-2010-2501-8160-000. The Caltrans Housing/ 626 Prospect Ave/ Litigation Reserve (Slater Reimbursement Reserve) Funds are available to be used for the work being performed by Akin. There is currently $345,876 in the Caltrans Housing/ 626 Prospect Ave/ Litigation Reserve (Slater Reimbursement Reserve) Funds account.
Key Performance Indicators and Strategic Plan
This item aligns with Strategic Plan task 5b: SB 381/ sale of unoccupied Caltrans properties.
Commission Review and Recommendation
This item has not been reviewed by a City Commission or Board.
Attachment: October 10, 2022 executed agreement with Akin, Gump, Strauss, Hauer & Feld, LLP
16 - 2
ATTACHMENT
October 10, 2022, Executed Agreement with
Akin, Gump, Strauss, Hauer & Feld, LLP
16 - 3
THIS PAGE
INTENTIONALLY
LEFT BLANK
16 - 4
16 - 5
DocuSign Envelope ID: 9F5EB0D6-DE4C-4C49-8898-02B5A502447A October 10, 2022
Armine Chaparyan
City Manager
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91030
Akin Gump
STRAUSS HAUER & FELD LLP
DARIO J. FROMMER
+1 213.254.1270/rax: +1 310.229.1001
[email protected]
Re: Terms of Engagement - City of South Pasadena - California Department of Transportation Settlement
Dear Armine:
I am pleased to confinn our representation of City of South Pasadena in connection with advice on potential settlement of issues related to City of South Pasadena v. California Department of Transportation (Los Angeles County Superior Court Case No. 21 STCP0 1779).
The finn appreciates your confidence in us, and we look forward to working with you.
At the beginning of our representation of a client, the firm's policy is to describe the manner in which we will bill for legal services and disbursements. A clear understanding of those matters helps to maintain a hannonious professional relationship. I encourage you to consider the matters set forth in this letter carefully and to raise with us any question that you may have now or later about its contents.
We refer matters to those lawyers in this film who in our judgment can perform the highest quality work, in a timely and efficient manner, and at the lowest cost. We also employ non-lawyer personnel in tasks where lawyers are not necessary, to facilitate the efficient performance of services.
The finn charges for my services at the hourly rate of USO 1,265.00. Other lawyers in the firm are charged at rates between USD 605.00 to USO 1,995.00 per hour. Hourly rates for paralegals range from USD 235.00 to USD 575.00. For this engagement, the firm agrees to charge a blended rate ofUSD $780.00 for all lawyer timekeepers and establish a cap ofup to $25,000 for legal services rendered. The firm and the City may raise the $25,000 cap on fees through a written addendum to this letter. Please be aware that the firm adjusts rates as of the beginning of each year, in which case the new rates will apply to work done after any such adjustment. In addition, expenses advanced on your behalf or internal charges for administrative 1999 Avenue of the Stars I Suite 600 I Los Angeles. Callfom!a 90067-8022 f 310.229.1000 I fax: 310.229.1001 I akingump.com 16 - 6
DocuSign Envelope ID: 9F5EB0D6-DE4C-4C49-8898-02B5A502447A Annine Chaparyan
October I 0, 2022
Page2
Akin Gump
STRAUSS HAUER & FELD LLP
services (which may exceed our direct costs) are added to the statement rendered for the month in which such expenses or charges are recorded in our billing system.
Our standard practice is to bill on a monthly basis. This allows our clients to monitor both current and cumulative fees and expenses. We require that payment of statements be made within 30 days of receipt, and we may suspend or terminate any work in progress if timely payment is not made. We may also withdraw from the representation in a manner consistent with applicable ethical standards.
Attached to this letter is our Statement of Firm Policies (the "Statement") that will apply to our representation of you in the matter set forth above and in each matter agreed to from time to time. In the event of a conflict between the terms of the Statement and the terms of this letter, the terms of this letter shall control. Please review these policies and let me know if you have any questions concerning them.
If the terms described above and in the attached Statement are satisfactory, please sign the enclosed copy of this letter and return a signed copy. If you choose not to notify us in writing of any objection to these terms, then that will also serve as agreement to these terms, subject, of course, to your right to terminate our engagement at any time.
Very truly yours,
AKIN GUMP STRAUSS HAUER & FELD LLP
Dario J. Frommer
16 - 7
DocuSign Envelope ID: 9F5EB0D6-DE4C-4C49-8898-0285A502447 A Annine Chapru-yan
October I 0, 2022
Enclosure
AGREED:
City of South Pasadena
, City Manager
Date: _____ , t--l 3_v ___ li;, ____ _
Akin Gump
STRAUSS HAUER & FELD LLP
16 - 8
DocuSign Envelope ID: 9F5EB0D6-DE4C-4C49-8898-02B5A50244 7 A
STATEMENT OF FIRM POLICIES
We appreciate your decision to retain Akin Gump Strauss Hauer & Feld LLP ("Akin Gump") as your legal counsel and look forward to developing our relationship with you in the course of our representation. Except as may be modified by a separate written agreement, the following summarizes our billing practices and certain other terms that will apply to any engagement. If you provide us with outside counsel guidelines, billing requirements, or other similar policies, we will endeavor to abide by them to the extent reasonably practicable and consistent with our obligations to other clients and the applicable rules of professional conduct.
However, the terms of our engagement letter together with this Statement cannot be modified in any material respect by the tender of such policies, without a writing signed by us.
1. Determination of Fees
When establishing fees for services that we render, we are guided primarily by the time and labor required, although we also consider other appropriate factors, such as the novelty and difficulty of the legal issues involved; the legal skill required to perform the particular assignment; time-saving use of resources (including research, analysis, data and documentation) that we have previously developed and stored electronically or otherwise in quickly retrievable form; the fee customarily charged by comparable finns for similar legal services; the amount of money involved or at risk and the results obtained; and the time constraints imposed by either the client or the circumstances. The firm generally requires a retainer in an amount which is appropriate with respect to the proposed representation. Unless otheIWise agreed, the retainer will be applied to statements rendered in connection with the representation, with any unused portion being returned to the client.
In detennining a reasonable fee for the time and labor required for a particular matter, we consider the ability, experience, and reputation of the professionals in our firm who perform the services. To facilitate this determination, we internally assign to each professional an hourly rate based on these factors. When selecting professionals to perform services for a client, we generally seek to assign professionals having the lowest hourly rates consistent with the skills, time demands, and other factors influencing the professional responsibility required for each matter. Of course, our internal allocation of values for professional time changes periodically ( at least annually) to account for increases in our cost of delivering legal service, other economic factors, and the augmentation of a particular professional's ability, experience and reputation.
Any such changes in hourly rates are applied prospectively. We record and bill our time in onetenth hour (six-minute) increments.
The time for which a client will be charged will include, but will not be limited to, telephone and office conferences between client and counsel, witnesses, consultants, court personnel and others; conferences among our legal personnel; factual investigation; legal research; responding to clients' requests for us to provide information to their auditors in connection with reviews or audits of financial invoices; drafting of agreements, contracts, letters, pleadings, briefs and other documents; travel time; waiting time in court; and time in depositions 16 - 9
DocuSign Envelope ID: 9F5EB0D6-DE4C-4C49-8898-0285A50244 7 A and other discovery proceedings. In an effort to reduce legal fees, we utilize paralegal personnel.
Time devoted by paralegals to client matters is charged at special billing rates, which also are subject to adjustment from time to time by the firm.
2. Expenses
In addition to legal fees, our statements will include out-of-pocket expenses that we have advanced on behalf of the client and our internal charges (which may exceed direct costs) for certain support activities. Advanced costs generally will include such items as travel expenses and fees for postage, filing, recording, certification, registration, and the like. Our internal charges typically cover such items as long distance telephone calls, facsimile transmissions, messenger services, overnight courier services, terminal time for computer research and complex document production, secretarial and paralegal overtime and photocopying or p_rinting materials sent to the client or third parties or required for our use. We may request an advance cost deposit (in addition to the advance fee deposit) when we expect that we will be required to incur substantial costs on behalf of the client.
During the course of our representation, it may be appropriate or necessary to hire third pa11ies to provide services on your behalf. These services may include such things as consulting or testifying experts, investigators, providers of computerized litigation support, cou11 reporters, providers of filing services and searches of governmental records and filings, and local counsel.
Because of the legal ''work product" protection afforded to services that an attorney requests from third parties, in certain situations, our firm may assume responsibility for retaining the appropriate service providers. If we do so, you will be responsible for paying all fees and expenses directly to the service providers or reimbursing us for these costs.
3. Billing
We bill monthly throughout the engagement for a particular matter, and our monthly statements are due within thirty days after your receipt thereof. In instances in which we represent more than one person with respect to a matter, each person that we represent is jointly and severally liable for our fees with respect to the representation. Our statements contain a concise summary of each matter for which legal services were rendered and a fee was charged.
We invite our clients to discuss freely with us any questions that they have conceming a fee charged for any matter. We want our clients to be satisfied with both the quality of our services and the reasonableness of the fees that we charge for those services. We will attempt to provide as much billing infonnation as the client requires and in such customary form that it desires, and are willing to discuss with our clients any of the various billing formats we have available that best suits their needs.
If any monthly statement is not paid within 60 days after the original statement date, we reserve the right to discontinue services on all pending matters for you until all of your accounts with us have been brought current. Additionally, if any statement is not paid within 60 days from 2 16 - 10
DocuSign Envelope ID: 9F5EB0D6-DE4C-4C49-8898-02B5A50244 7 A the date of the otiginal statement, we may, by written notice to you on a subsequent statement or otheiwise, declare the overdue account to be delinquent. We have no obligation to declare any account delinquent. If we declare an account to be delinquent, the amount owing on that account will accrue interest at a rate equal to one percent (1 %) per month (a 12% annual percentage rate) from the date of our delinquency notice. to you until the balance is paid in full, but in no event shall such rate exceed the maximum rate permitted by applicable law. Any payments made on past due statements are applied first to interest, if any, and then to the account balance, beginning with the oldest outstanding statement. In addition, we are entitled to attorneys' fees and costs if collection activities are necessary.
4. Client and Scope of Engagement
Our engagement is limited to the specific party or parties and matter identified in an engagement letter or similar writing confirming our representation. As a result, our engagement with you does not create a lawyer-client relationship with any other persons or entities, including parents, subsidiaries, affiliates, joint venture entities, successors, acquirers, employees, officers, directors, shareholders, partners, members, or trustees, even if such persons or entities control, are controlled by, or are under common control with you. Nor does our engagement create a lawyer-client relationship with you for any other matter than that agreed to in the engagement letter or similar writing confirming our representation.
We will provide services of a strictly legal nature of the kind generally described in the engagement letter that accompanies this attachment. It is understood that you are not relying on us for business, investment, or accounting decisions, or to investigate the character or credit of persons with whom you may be dealing, or to advise you about changes in the law that might affect you unless otheiwise specified in the letter. We will keep you advised of developments as necessary to perfonn our services and will consult with you as necessary to ensure the timely, effective, and efficient completion of our work. Professionals in the firm typically have several client matters pending and are required to coordinate the scheduling of activities required for each pending client matter.
5. Necessary Information
It is anticipated that you and any other· entities affiliated with you will furnish us promptly with all information that we deem to be required to perform the services described in our engagement letter, including financial statements from qualified accountants and auditors, as approp1iate, and documents prepared by other legal counsel employed by you in connection with prior or other matters. You will make such business or technical decisions or detenninations as are appropriate to carry out our engagement.
Our engagement is premised and conditioned upon your representation that you are not aware of any material facts or current or historical problem (involving without limitation such matters as cou1t orders, injunctions, cease and desist orders, judgments, liabilities, litigation, administrative proceedings, crimes, prosecutions, bankruptcies or securities violations) on the 3 16 - 11
DocuSign Envelope ID: 9F5EB0D6-DE4C-4C49-8898-0285A50244 7 A part of any person to be connected with you that you have not fully disclosed to us. You understand that the accuracy and completeness of any document (including securities disclosure documents, litigation pleadings and court filings) prepared by us is dependent upon your alertness to assure that it contains all material facts relating to the subject and purpose of such document and that such document must not contain any misrepresentation of a material fact nor omit information necessary to make the statements therein not misleading. To that end, you agree to review all documents prepared by us for their factual accuracy and completeness prior to any use thereof. You also acknowledge that this responsibility continues through our engagement in the event that such document becomes deficient in this regard. You hereby represent and warrant that any material, information, reports and financial statements, whether rendered orally or in writing, furnished to us by you will be accurate, and that we may rely upon the truth or accuracy of such information.
6. Confidentiality and Conflicts
Akin Gump is a large law finn with multiple offices and a large number of clients around the world. Because of the firm's size and geographic scope, as well as the breadth and diversity of our practice, other present or future clients of the firm inevitably will have contacts with you.
Accordingly, to prevent any future misunderstanding and to preserve the firm's ability to represent you and our other clients, we confirm the following understanding about certain conflicts of interest issues:
Unless we have your agreement that we may do so, we will not represent another client in a matter that is substantially related to a matter in which we represent you and in which the other client is adverse to you. We understand the term "matter" to refer to transactions, negotiations, proceedings and other representations involving specific parties.
To the extent permitted by applicable law (including rules) you agree that we may (i) continue to represent any existing client and (ii) undertake to represent any new or former client, in each case, in any matter that is not substantially related to a matter in which we represent you, even ifwe represent you in a matter in which the other client is adverse to you or we represent the other client in a matter in which you are adverse to the other client. By way of example, this would include assisting another client on various types of agreements, financings or restructurings and bankruptcies in which you may have an interest as a counterparty, or advancing another client's position on legislative or regulatory issues with which you may disagree. Additionally, we may be instructed to act for more than one client interested in the same objective, asset or financing target. You agree that ifwe areJ for example, advising you in relation to an auction or bid we may also act for other bidders and/or financiers to other bidders in relation to that auction or bid, subject to implementation of reasonable safeguards to ensure that confidential information is kept within the relevant team ( e.g. using separate teams of lawyers to advise each of you and any other bidders and finance providers to other bidders).
We do not view this advance consent to permit unauthorized disclosure or use of any client confidences. Under applicable rules of professional conduct, we are obligated to and shall 4 16 - 12
DocuSign Envelope ID: 9F5EB0D6-DE4C-4C49-8898-0285A502447A preserve the confidentiality of any confidential information you provide to us. In this connection, we may obtain nonpublic information about you in the course of our representation.
We maintain appropriate physical, electronic, and procedural safeguards to protect your nonpublic information. We do not disclose nonpublic information about our clients or former clients to anyone, except as pennitted by law and applicable rules of professional conduct.
We will not disclose to you or use on your behalf any documents or information with respect to which we owe a duty of confidentiality to another client or person.
The fact that we may have your documents and/or info1mation that may be relevant to another matter in which we are representing another client will not prevent us from representing that other client in that matter in reliance upon the foregoing advance waiver. We will maintain appropriate measures to ensure that the confidentiality of your documents and/or information is preserved.
Our professional obligations to you and to our other clients will require us to run a conflicts check if there is any change in the parties to the matter or any material change in its nature. We must also run a conflicts check before unde1taking any new matters with you.
7. Maa-keting Materials
To provide infonnation about ow· expertise, the firm will often describe in materials prepared for marketing the firm's services (such as brochures, webpages, pitches, legal directory and industry awards submissions and the like) examples of its representative experience, including a sample of the clients it represents. Except where you notify us in writing to the contrary, you agree that the finn may, without identifying sensitive details about your affairs, recognize the fact that you are a client of the firm in such materials. You further agree that in such matelials, we have your permission to use your name and logo and indicate the generic nature of our work, including non-sensitive details that have properly entered the public domain.
For example, following the completion of a transaction that has been made public, the firm may share its involvement with the transaction via the issuance of a press release or other statement to trade publications, on its website or social media accounts, unless you instruct us not to do so.
8. Termination of Engagement
Upon completion of any matter, or upon earlier termination of our relationship, the lawyer-client relationship arising from such matter will end unless you and we have expressly agreed to a continuation with respect to other matters. We hope, of course, that such a continuation will be the case. You have the right at any time to terminate our services and representation upon written notice to the film. We reserve the right to withdraw from our representation if circumstances arise that under the applicable rules of professional conduct, allow or require us to.
5 16 - 13
DocuSign Envelope ID: 9F5EB0D6-DE4C-4C49-8898-0285A50244 7 A
9. Disagreements Regarding Fees
In the event that you believe any statement for our services is erroneous for any reason, you shall notify us of the same within ten business days after receipt of such statement stating the basis for your belief. If agreement cannot be reached with respect to the amount owed, you agree to promptly pay the non-disputed portion of our statement and submit the disputed portion for resolution by the appropriate committee of the organized bar of the city where our office rendering such services is located. If no organized bar exists in that city, then you can submit to the Committee on Arbitration Relating to Fee Disputes (or similar committee) of the regulatory body governing the practice of law in the state or jurisdiction where our office rendering such services is located.
10. Governing Law
OUR ENGAGEMENT SHALL BE GOVERNED BY THE LAWS OF THE
JURISDICTION WHERE OUR OFFICE RENDERING OUR SERVICES IS LOCATED AND,
EXCEPT FOR DISAGREEMENTS REGARDING FEES SUBMITTED TO ARBITRATION PURSUANT TO PARAGRAPH 8 ABOVE, VENUE FOR ANY OTHER ACTION
HEREUNDER SHALL BE IN THE COUNTY WHERE OUR OFFICE RENDERING SUCH SERVICES IS LOCATED.
11. Record Retention
Following termination of a matter, any otherwise nonpublic information you have supplied to us that is retained by us will be kept confidential in accordance with applicable rules of professional conduct. Upon your request, we will return to you documents and materials that you provided to us in connection with our representation. You hereby acknowledge and agree that if you do not instruct us to have your client file returned to you, we will retain it for a reasonable time period (presently ten years) pursuant to the Firm's then -current Record Retention Policy, after which, we. will be free to destroy at our discretion, without further notice to you, any portion of the file left.with us that we are not legally required to preserve. Clients may be charged shipping costs for the return of client files. The responsible lawyer should determine if it is appropriate depending upon the size of the matter and the extent of the likely cost to the firm. If you instruct us to return your file to you, we reserve the right to retain materials pertaining to each matter, including without limitation administrative and accounting records, conflicts and new business intake materials, internal documents, lawyer notes, firm form files, communications, and other materials intended for our internal use or that we are prohibited from providing to you by law, court order or third party agreement. By agreeing to and accepting our representation as described in this letter, you agree to keep us informed of your most current address during the stated retention period. 6 16 - 14
DocuSign Envelope ID: 9F5EB0D6-DE4C-4C49-8898-02B5A502447A
12. Miscellaneous
The engagement letter together with this Statement of Firm Policies constitutes our entire understanding and agreement with respect to the terms of our engagement and supersedes any prior understandings and agreements, written or oral. If any provision of our engagement letter is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect. Our engagement letter may only be amended in writing by the parties hereto.
Your agreement to this engagement constitutes your acceptance of the foregoing terms and conditions. If any of them is unacceptable to you, please advise us now so that we can resolve any differences and proceed with a clear, complete, and consistent understanding of our relationship.
7 17
17 - 1
DATE:
FROM:
City Council
Agenda Report
April 19, 2023
Armine Chaparyan, City Manager fru
PREPARED BY: Luis Frausto, Management Services Director ITEM NO. --
SUBJECT: Establish Senior Community Improvement Coordinator Classification and Salary Range
Recommendation
It is recommended that the City Council approve a resolution to establish the classification, title, and salary range for Senior Community Improvement Coordinator.
Executive Summary
On March 15, 2023, the City Council approved the reclassification of an existing Community Improvement Coordinator position to a Senior Community Improvement Coordinator as part of the Fiscal Year (FY) 2023 mid-year budget adjustments. The Senior Community Improvement Coordinator is a new classification and requires the adoption of the classification specification Uob description) and establishment of a salary range for the new position. The cost for the salary adjustment was approved for a total of $11 ,783.
Background
Prior to FY 2022, the Community Development Department did not have an "in-house" Community Improvement Coordinator (code enforcement officer) or a fully developed code enforcement program. The City contracted code enforcement staff through various consulting firms to fulfill the job duties, which resulted in inconsistent program management and intermittent response to code complaints. Ultimately, many cases remained unresolved for several years. In February 2022, the City hired a full-time Community Improvement Coordinator. It was quickly determined that additional staff resources were needed in the division to adequately respond to code complaints and new local ordinances, such as the ban on gas leaf blowers and state mandates.
Consequently, the adopted FY 2023 Budget included a new part-time Community Improvement Coordinator position, which was recently recruited for and filled. In addition, staff also took on proactive efforts in certain parts of the City and began working closely with various community groups.
Analysis
The Senior Community Improvement Coordinator is a lead-level class, and in addition to the responsibilities of the Community Improvement Coordinator position, serves as a lead or specialist classification that handles more complex inspections or code enforcement cases and provides direction in a lead capacity to other Community Senior Community Improvement Coordinator
April 19, 2023
Improvement Coordinators and/or administrative support staff—an immediate need for the division. This position may be assigned to manage programs or projects related to community improvement topics.
Fiscal Impact
The City Council approved the budget adjustment for the reclassification of a Community Improvement Coordinator to a Senior Community Improvement Coordinator on March 15, 2023. The total fully burdened rate difference between a Community Improvement Coordinator and a Senior Community Improvement Coordinator is approximately $11,783 based on current compensation (salary step) and is General Fund funded.
FY 23 through June 30, 2023
Position Title Proposed
Salary Range
Fully Burdened
Rate
Senior Community Improvement Coordinator $5,575 - $6,454 $113,300 Effective July 1, 2023 (FY 24)
Position Title Proposed
Salary Range
Fully Burdened
Rate
Senior Community Improvement Coordinator $5,743 - $6,980 $115,991 Council approval is required before Human Resources can move forward in processing the reclassification previously approved by the City Council. It is recommended that the classification of Senior Community Improvement Coordinator be established, with a monthly salary range of $5,575 to $6,777 per month and to reclassify the incumbent to Senior Community Improvement Coordinator. If approved, the proposed new classification and salary range will be established as reflected in the attached bulletin.
For FY 23, this will result in an additional cost to the General Fund of approximately $2,946.
Key Performance Indicators and Strategic Plan
This item is in line with the Community Development Department’s Key Performance Indicators and the City’s Strategic Plan, which is committed to building a more just, environmentally, and financially sustainable future.
Attachments:
1. Resolution
a. Exhibit A – Job Classification Specification
b. Exhibit B – Salary Range
17 - 2
ATTACHMENT
Resolution
17 - 3
THIS PAGE
INTENTIONALLY
LEFT BLANK
17 - 4
RESOLUTION NO. XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, ADOPTING APPROVING NEW POSITION
CLASSIFICATION OF SENIOR COMMUNITY IMPROVEMENT
COORDINATOR
WHEREAS, the City Council approves the establishment of the Senior Community Improvement Coordinator classification; and
WHEREAS, the City Council desires to add the job classification and accompanying salary/wage range.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That the job classification specification attached hereto, as shown in Exhibit A, is hereby adopted.
SECTION 2. That the stated salary range attached hereto, as shown in Exhibit B, is hereby adopted.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED on this 19th day of April, 2023. ________________________________
Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________ Mark Perez Andrew Jared, City Attorney
Deputy City Clerk
17 - 5
RESOLUTION NO. XXX
I HEREBY CERTIFY Resolution No. XXX was duly adopted by the City Council of the City of South Pasadena, California, at a regular meeting held on the 19th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
Mark Perez
Deputy City Clerk
17 - 6
CLASSIFICATION SPECIFICATION
TITLE: SENIOR COMMUNITY IMPROVEMENT COORDINATOR
DEFINITION: Under general supervision, performs complex field inspections, skilled office work, and program management related to the investigation and enforcement of City codes, ordinances, and abatement regulations.
DISTINGUISHING CHARACTERISTICS:
The Senior Community Improvement Coordinator is a lead-level class, and in addition to the responsibilities of the Community Improvement Coordinator position, serves as a lead or specialist classification that handles more complex inspections or code enforcement cases and provides direction in a lead capacity to other Community Improvement Coordinators and/or administrative support staff. This position may be assigned to manage programs or projects related to community improvement topics.
EXAMPLES OF DUTIES:
The duties listed below are examples of the work typically performed by employees in this class.
An employee may perform other related and emergency duties as required. An employee may perform various duties including, but not limited to:
• Serves as a lead and may be assigned to supervise assigned staff. • Performs various administrative, operational, and program management duties in support of assigned programs, duties, and functions.
• May be required to administer and/or implement one or more Department/Division programs or services. May serve as project manager for assigned projects. • Prepares and manages cases and ensures accurate case files are maintained. • Provides training, assigns, coordinates, and monitors the work of less-experienced Community Improvement Coordinators in a lead capacity.
• Analyzes, evaluates, and interprets all City codes and proposes amendments to the municipal code as required.
• Performs inspections and interprets and enforces the municipal code and relevant county, state, and federal laws.
• Recommends updates to policies and procedures.
• Maintains a current understanding of laws, regulations, methods, and procedures affecting code enforcement activities.
• Responds to citizen complaints and inquiries from city officials in a timely manner. • Coordinates with City Attorney staff, aiding with code enforcement case preparation and/or prosecution.
• Prepares complex and sensitive reports and other written correspondence. • May be required to attend and represent the City and the Community Development Department at public meetings and legal proceedings.
17 - 7
City of
SOUTH PASADENA
CLASSIFICATION SPECIFICATION
Senior Community Improvement Coordinator (continued) Page 2 • May be required to develop and deliver presentations before community groups and legislative and enforcement bodies.
• Assists in coordinating and developing public counter procedures. • Ensures Department services are provided with exceptional customer service and the highest level of standards.
• Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.
• Drives on City business observing safe driving practices.
MINIMUM QUALIFICATIONS:
• High school diploma or equivalent AND five (5) years of progressively responsible experience in municipal code enforcement, zoning, or related field; • Bachelor’s Degree from an accredited university in planning, construction technology, or a related field may be substituted for two (2) years of the experience requirement; • Must possess and maintain a valid Class C California Driver’s License; • California Association of Code Enforcement Officers (CACEO) or American Association of Code Enforcement (AACE/ICC) certification is required prior to the completion of the probationary period;
• Completion of a California Peace Officer Standards and Training (POST) PC 832 Arrest and Firearms Course is required prior to the completion of the probationary period;
• Ability to work evenings, weekends, and holidays as needed.
Note: An equivalent combination of experience, education, and/or training may substitute for the listed minimum requirements.
KNOWLEDGE, SKILLS, AND ABILITIES:
• Make sound decisions, and exercise independent judgment and initiative without close supervision.
• Knowledgeable of local, state, and federal Zoning and Health & Safety Codes and regulations, quality customer services methods, and conflict resolutions techniques; • Work effectively and efficiently in stressful situations. • Experience enforcing Federal, State, and local laws, codes, environmental and zoning regulations, and related ordinances, as well as investigating possible code violations, determining compliance, issuing notices of violation, and resolving cases. • Strong time management and strong organizational skills. • Principles, practices, methods, and techniques of code enforcement and investigation practices used in the field of code enforcement.
17 - 8
City of
SOUTH PASADENA
CLASSIFICATION SPECIFICATION
Senior Community Improvement Coordinator (continued) Page 3 • Manage complex assignments independently and make decisions or recommend a course of action based on knowledge and established procedures. • Establish and maintain effective working relationships with the City Council, public officials, staff, architects, developers, contractors, and the public, sometimes in adverse conditions.
• Skilled in writing clear and concise reports, providing and following oral and written instructions; establishing and maintaining positive and productive working relationships with both internal and external customers, working independently and as a team leader; providing technical guidance to other staff in working activities. • Ability to perform and train other employees in essential duties and effectively communicate verbally and in writing with all levels of staff and the public. • Proficient in the use of personal computer hardware and software required for the job.
WORKING CONDITIONS AND PHYSICAL DEMANDS:
The work environment characteristics described here are representative of those employee encounters while performing the essential functions of the job. Reasonable accommodation may be made to enable individuals with disabilities to perform essential functions.
This position works in all weather conditions, including wet, hot, and cold, and may frequently deal with irate members of the public. The nature of the work also requires the incumbent to drive motorized vehicles and work in a variety of vehicle traffic conditions.
Incumbents may be exposed to repetitive motion, vision to monitor, unsafe building and construction sites, hazardous chemicals, noise, dust, and airborne exhausts and fumes.
Primary functions require sufficient physical ability and mobility to work in an office setting and in a field environment; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, climb, balance, and twist; walk on uneven terrain, loose soil, and sloped surfaces; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations; to operate equipment and vehicles; to see in the normal visual range with or without correction; to hear in the normal audio range with or without correction; and to verbally communicate to exchange information.
FLSA Status: Non-Exempt
HISTORY:
Established: 03/15/2023
Approval/Adoption Date: Pending
17 - 9
City of
SOUTH PASADENA
POSITION TITLE BARGAINING UNIT STEP A STEP B STEP C STEP D STEP E SR. COMMUNITY IMPROVEMENT COORDINATOR PSEA $5,575 $5,854 $6,147 $6,454 $6,777 Monthly $2,788 $2,927 $3,074 $3,227 $3,389 Bi-Monthly
$32.163 $33.773 $35.463 $37.235 $39.098 Hourly
CITY OF SOUTH PASADENA SALARY SCHEDULE
EXHIBIT B
17 - 10
City Council
Agenda Report ITEM NO. ____
DATE: April 19, 2023
FROM: Jon Primuth, Mayor
PREPARED BY: Luis Frausto, Management Services Director SUBJECT: Approval of Mayor’s List of City Council Liaison and Regional Group Appointments
Recommendation
It is recommended that the City Council:
1. Approve the Mayor’s list of City Council Liaison and Regional Group Appointments to various commissions, boards, and committees; and
2. Adopt a Resolution, superseding Resolution No. 7808, appointing delegates, representatives, and alternates as official representatives of the City of South Pasadena.
Executive Summary
This is a list of appointments made by the Mayor for the remaining City Council Liaison and Regional Group lists, with minor changes to the names of the groups, based on information provided by organizations.
Background
At the beginning of every Mayoral term, appointments are made to various commissions, boards, committees, and regional groups for the calendar year. The majority of the appointments are recommended by the Mayor for Council approval; however, several agencies and organizations do require City Council action by resolution. In addition, some appointments are voted by the regional group and are listed on the Mayor’s appointment list for informational purposes only.
This item was presented to the Council in the previous meetings held on both February 1, and March 1, 2023, where partial lists of appointments were approved with the adoption of Resolution No. 7802 and Resolution No. 7808. The remaining appointments are presented before you for approval by Resolution, with minor modifications to names of some regional groups, based on information provided by those organizations.
Analysis
The Mayor has submitted his list of City Council Liaison and Regional Group Appointments to the City Clerk’s Division. This is a routine annual item that requires approval by the City Council.
18 - 1
18 City Council Liaison and Regional Group Appointments April 19, 2023
Fiscal Impact
Expenses for attending regional meetings are budgeted on an annual basis in the City Council budget.
Attachments:
1. List of Proposed City Council Liaison & Regional Group Appointments
2. Resolution
18 - 2
ATTACHMENT 1
City Council Liaison &
Regional Group Appointments
18 - 3
THIS PAGE
INTENTIONALLY
LEFT BLANK
18 - 4
Liaison and Regional Group Appointments
Jon Primuth, Mayor
February 1, 2023 to December 2023
City Commissions, Boards, and Committees Appointed Liaison Cultural Heritage Commission Zneimer
Community Services Commission Donovan
Design Review Board Braun
Finance Commission Braun
Fourth of July – Festival of Balloons Committee Primuth Mobility and Transportation Infrastructure Commission Donovan Library Board of Trustees Braun
Natural Resources and Environmental Commission Cacciotti Planning Commission Primuth
Public Art Commission Primuth
Public Safety Commission Cacciotti
Public Works Commission Zneimer
South Pasadena Tournament of Roses Committee Zneimer
Ad Hoc/Committees and other assignments Appointed Liaisons Ad Hoc/Committee: City Council and SPUSD Subcommittee Zneimer and Primuth Ad Hoc/Committee: Mission-Meridian Village Subcommittee Donovan Ad Hoc/Committee: SB381 Caltrans Surplus Properties
Implementation
Primuth and Donovan
Ad Hoc/Committee: City Leased Properties Cacciotti and Braun Representative:
South Pasadena Chamber of Commerce - Legislative
Primuth
Representative:
South Pasadena Chamber of Commerce - Economic
Development
Braun
Ad Hoc/Committee: Athens Contract Donovan and Zneimer
18 - 5
Liaison and Regional Group Appointments
Regional Groups – Appointment by City Appointed
Liaison Alternate(s)
Arroyo Verdugo Communities Joint Powers
Authority Governing Board Primuth Cacciotti
California Contract Cities Legislative
Committee Primuth Braun
Foothill Employment and Training
Consortium Policy Board Zneimer Donovan
Foothill Workforce Development Board Zneimer Braun
Los Angeles County City Selection
Committee Primuth Donovan
∆
Los Angeles County Sanitation Districts,
Board of Directors, District 16
Primuth
(always Mayor) Donovan
CalCities, Los Angeles Division and Annual
Conference Braun Zneimer
∆
Metro Gold Line Phase II Joint Powers
Authority Board Cacciotti Primuth
Metro Gold Line Construction Authority
Mendel
Thompson,
Glendora Mayor
Pro Tem
Paul Leon,
Ontario
Mayor
Metro Gold Line Technical Advisory
Committee Cacciotti Braun
∆
San Gabriel Valley Council of Governments
Governing Board Primuth Cacciotti
∆
Southern California Association of
Governments General Assembly Primuth Braun
∆
San Gabriel Valley Mosquito and Vector
Control District
Robert S. Joe
(Resident) Donovan
Clean Power Alliance
Primuth
Diana
Mahmud
(Resident)
and
Arpy
Kasparian
Regional Groups –Appointment by Regional
Group
Appointed
Liaison Alternate(s)
∆ Arroyo Verdugo Communities Joint Powers
Authority Appointed Representative to the
Southern California Association of
Governments (SCAG) Policy Committee (TC)
Primuth N/A
Santa Monica Mountains Conservancy
Advisory Committee Cacciotti Zneimer
18 - 6
Liaison and Regional Group Appointments
∆
South Coast Air Quality Management District
San Gabriel Valley Board Member Cacciotti TBD
Metro San Gabriel Valley Service Council
John
Harrington, San
Gabriel
Councilmember
N/A
Requires FPPC Form
Council vote
Board Member is current Mayor; Alternate is appointed by Mayor Voted by Regional Group
∆ Stipend
18 - 7
THIS PAGE
INTENTIONALLY
LEFT BLANK
18 - 8
ATTACHMENT 2
Resolution
18 - 9
THIS PAGE
INTENTIONALLY
LEFT BLANK
18 - 10
RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH PASADENA, CALIFORNIA, APPOINTING DELEGATES,
REPRESENTATIVES, AND ALTERNATES AS OFFICIAL
REPRESENTATIVES OF THE CITY OF SOUTH PASADENA,
SUPERSEDING RESOLUTION NO. 7808
WHEREAS, the City Council of the City of South Pasadena (City) at its regular meeting of December 21, 2022, reorganized as follows: Jon Primuth, Mayor; Evelyn G. Zneimer, Mayor Pro Tem; Jack Donovan, Councilmember; Janet Braun, Councilmember; and Michael Cacciotti, Councilmember; and WHEREAS, with the reorganization, the Mayor and the City Council make appointments to various agencies and organizations for the Mayoral term; and WHEREAS, several agencies and organizations require that the City Council formally approve its official delegates, representatives, and alternates to represent the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of South Pasadena does hereby confirm and appoint the following persons as Governing Board Representative and alternate member of the SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS for the term indicated:
Governing Board
Representative
Alternate Term
Mayor Primuth Councilmember Cacciotti 2023
SECTION 2. The City Council of the City of South Pasadena does hereby confirm and appoint the following persons as delegate and alternate member of the LEAGUE OF CALIFORNIA CITIES, LOS ANGELES DIVISION for the term indicated:
Delegate Alternate Term
Councilmember Braun Mayor Pro Tem Zneimer 2023
18 - 11
RESOLUTION NO. xxxx
SECTION 3. The City Council of the City of South Pasadena does hereby confirm and appoint the following persons as board member and alternate board member of the LOS ANGELES COUNTY SANITATION DISTRICTS BOARD OF DIRECTORS, DISTRICT 16 for the term indicated:
Board Member Alternate Term
Mayor Primuth Councilmember Donovan 2023
SECTION 4. The City Council of the City of South Pasadena does hereby confirm and appoint the following persons as delegate and alternate member of the METRO GOLD LINE PHASE II JOINT POWERS AUTHORITY BOARD for the term indicated:
Delegate Alternate Term
Councilmember Cacciotti Mayor Primuth 2023
SECTION 5. The City Council of the City of South Pasadena does hereby confirm and appoint the following persons as delegate and alternate member of the ARROYO VERDUGO COMMUNITIES JOINT POWERS AUTHORITY for the term indicated:
Delegate Alternate Term
Mayor Primuth Councilmember Cacciotti 2023
SECTION 6. The City Council of the City of South Pasadena does hereby confirm and appoint the following persons as delegate and alternate member of the
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS GENERAL
ASSEMBLY for the term indicated:
Delegate Alternate Term
Mayor Primuth Councilmember Braun 2023
SECTION 7. The City Council of the City of South Pasadena does hereby confirm and appoint the following person as delegate member of the SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT for the term indicated:
Delegate Alternate Term
Robert S. Joe
(Community Member)
Councilmember Donovan 2023
18 - 12
RESOLUTION NO. XXXX
SECTION 8. The City Council of the City of South Pasadena does hereby confirm and appoint the following person as delegate member of the CLEAN POWER ALLIANCE for the term indicated:
Delegate Alternate Term
Mayor Primuth Diana Mahmud
(Community Member)
2023
SECTION 9. The City Council of the City of South Pasadena does hereby confirm and appoint the following person as delegate member of the FOOTHILL EMPLOYMENT AND TRAINING CONSORTIUM POLICY BOARD for the term indicated:
Delegate Alternate Term
Mayor Pro Tem Zneimer Councilmember Donovan 2023
SECTION 10. The City Council of the City of South Pasadena does hereby confirm and appoint the following person as delegate member of the FOOTHILL WORKFORCE DEVELOPMENT BOARD for the term indicated:
Delegate Alternate Term
Mayor Pro Tem Zneimer Councilmember Braun 2023
SECTION 10. Pursuant to the appointments made above, the City Council of the City of South Pasadena does hereby adopt the completed Form 806 of the Fair Political Practices Commission, and directs staff to take all other actions necessary to comply with the requirements of any applicable laws and regulations.
SECTION 11. The City Council declares that this resolution supersedes Resolution No.7802, which represented the previous appointment of delegates, representatives, and alternates as official representatives of the City of South Pasadena.
SECTION 12. The City Clerk of the City of South Pasadena shall certify to the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City. 18 - 13
RESOLUTION NO. XXXX
PASSED, APPROVED AND ADOPTED on this 19th day of April, 2023.
Jon Primuth, Mayor
ATTEST: APPROVED AS TO FORM:
Mark Perez, Deputy City Clerk Andrew L. Jared, City Attorney 18 - 14
RESOLUTION NO. XXXX
I HEREBY CERTIFY Resolution No. XXXX was duly adopted by the City Council of the City of South Pasadena, California, at a regular meeting held on the 19th day of April, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Mark Perez, Deputy City Clerk
18 - 15
THIS PAGE
INTENTIONALLY
LEFT BLANK
18 - 16
19 19 - 1
DATE:
FROM:
City Council
Agenda Report
April 19, 2023
Armine Chaparyan, City Manager
PREPARED BY: Luis Frausto, Management Services Director Mark Perez, Deputy City Clerk
ITEM NO.
SUBJECT: Approval of City Council Meeting Minutes for April 20, 2022, May 04, 2022, and March 15, 2023
Recommendation
It is recommended that the City Council approve the minutes listed on the agenda and as presented.
Executive Summary
The City Clerk's Division is diligently working on backlogged meeting minutes dating back to April 2022. Attached to this staff report are meeting minutes for April 20, 2022, May 04, 2022, and March 15, 2023. Staff is committed to submitting the most recent meeting minutes, as well as two prior meeting minutes, at each council meeting for approval moving forward until minutes are current. Staff will maintain timely minutes thereafter.
Background
The City Clerk's Division is responsible for producing meeting minutes for the City Council meetings. Meeting minutes are used as the official record of the actions taken by the City at the direction of the City Council. They are also used for confirmation of approval for purchases by the City, as approved by the City Council. Currently, the division is working towards the completion of the backlog of minutes.
Beginning in 2021, the City Clerk's Division experienced turnover with the vacancy of a Chief City Clerk and, later in 2022, Deputy City Clerk and the Management Services Director positions. During that time, the City hired a City Clerk contract employee to perform critical functions for the City Clerk's Office, including managing the agenda process, and meeting our legal obligations related to public record requests. Due to the vacancies, meeting minutes were not highly prioritized. In an attempt to maintain meeting minutes, the City engaged a consultant for this work. Current staff has developed a high quality, accurate and timely minutes process, and are working diligently to address past minutes as well as maintain timely minutes moving forward.
Approval of City Council Meeting Minutes
April 19, 2023
To increase efficiency, the Clerk’s Division researched best practices and made changes to the format of the minutes, which is before you for approval. The new format is similar to the format used by many other cities and is intended to properly capture the actions taken by the City Council while increasing efficiency and minimizing opportunities for error.
Analysis
Attached for the City Council’s consideration and approval are meeting minutes for various dates as listed on the agenda, and hereby included as attachments to this staff report.
As of today, we have 34 outstanding minutes for our past City Council meetings, inclusive of special and joint meetings. It is expected that the City Clerk’s Division will be fully caught up with minutes no later than May 2024, or sooner if capacity allows.
Although the Chief City Clerk position is still vacant, the recruitment effort to fill this important position is well underway.
Key Performance Indicators and Strategic Plan
This item is in line with the Management Services Department’s Key Performance Indicator to provide quick access to information and accountability, ensuring public transparency.
Fiscal Impact
To date, the City has paid approximately $19,575 to Marc A. Donohue for the production of City Council meeting minutes over the term of the contract. There is one additional consultant fee anticipated for past work completed that staff is currently reviewing prior to payment. Moving forward, existing City Clerk Division staff is facilitating the work related to this project, and therefore no future consultant fees are anticipated.
Attachments:
1. April 20, 2022 Regular Meeting Minutes
2. May 04, 2022 Regular Meeting Minutes
3. March 15, 2023 Regular Meeting Minutes
4. March 15, 2023 Special Joint Meeting Minutes
19 - 2
ATTACHMENT 1
April 20, 2022, Regular Meeting Minutes
19 - 3
THIS PAGE
INTENTIONALLY
LEFT BLANK
19 - 4
CITY OF SOUTH PASADENA
CITY COUNCIL - REGULAR MEETING
M I N U T E S
WEDNESDAY, APRIL 20, 2022, AT 7:00 P.M.
CALL TO ORDER:
The Regular Meeting of the South Pasadena City Council was called to order by Mayor Cacciotti on Wednesday, April 20, 2022, at 7:00 P.M. The City Council Chambers are located at 1424 Mission Street, South Pasadena, California.
ROLL CALL:
PRESENT Mayor Michael Cacciotti
Mayor Pro Tem Jon Primuth
Councilmember Jack Donovan
Councilmember Diana Mahmud
Councilmember Evelyn G. Zneimer
ABSENT None.
Christina Muñoz, Deputy City Clerk, announced a quorum.
CITY STAFF PRESENT:
Arminé Chaparyan, City Manager; Andrew Jared, City Attorney; Christina Muñoz, Deputy City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
The Flag Salute was led by Mayor Pro Tem Primuth
19 - 5
Regular Meeting Minutes South Pasadena City Council April 20, 2022
CLOSED SESSION ANNOUNCEMENTS
1. Closed Session Announcements
A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
1. Californians for Homeownership, Inc. v. City of South Pasadena, (Case No. 22STCP01388)
2. Californians for Homeownership, Inc. v. City of South Pasadena, (Case No. 22STCP01161)
Two new items were added to the closed session agenda per City Attorney Jared:
B. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
1. Owen Cliff Snider v. City of South Pasadena, (UPC Case No. LA-CE-1180-M)
2. Alison Smith v. City of South Pasadena (LASC Case No. 19BBCV00118)
3. City of South Pasadena v. California Department of Transportation (LASC Case No. 21STCP01779)
C. CONFERENCE WITH LEGAL COUNSEL: POTENTIAL OF LITIGATION (Government Code Section 54956.9(d)(2))
Number of Potential Cases: 2
City Attorney Jared reported that no action was taken in closed session.
The City Council recessed closed session at 6:59 P.M.
PUBLIC COMMENT
2. Public Comment – General – General (Non-Agenda Items) In-Person Comments:
Members of the Pasadena Showcase House spoke regarding an event at Oaklawn Manor from April 24 – May 22.
Ed Chen, Athens Services, spoke regarding a giveaway event this weekend.
Walter Quinn spoke regarding the South Pasadena Police Department.
Toby spoke regarding the work done by the City Council and a fix-it ticket he received. 19 - 6
Regular Meeting Minutes South Pasadena City Council April 20, 2022
Alan Ehrlich spoke regarding the City Council’s deliberative process at public meetings.
Yvonne LaRose spoke regarding dispute resolution services.
PRESENTATIONS
3. Pet Adoption: Pasadena Humane Society
Michelle Holbrook, Pasadena Humane Society, introduced Portobello.
4. South Pasadena Police Department Life Saving Awards
Police Chief Solinsky presented lifesaving awards to Officer Perch, Officer Calderon, and Detective Borrello.
5. Proclamation Declaring April 17 through April 23, 2022 as “California Mosquito Awareness Week” in the City of South Pasadena
Mayor Cacciotti presented a proclamation declaring April 17 through April 23 2022, as “California Mosquito Awareness Week”.
6. Proclamation Declaring April 22, 2022, as “Earth Day” in the City of South Pasadena
Mayor Cacciotti presented a proclamation declaring April 22, 2022, as “Earth Day”.
7. Proclamation Declaring April 27, 2022 as “Denim Day” in the City of South Pasadena
Mayor Cacciotti presented a proclamation declaring April 27, 2022 as “Denim Day”.
8. Proclamation Declaring April 24, 2022 as “Armenian Genocide Remembrance Day” in the City of South Pasadena
Mayor Cacciotti presented a proclamation declaring April 24, 2022 as “Armenian Genocide Remembrance Day”.
COMMUNICATIONS
9. Councilmembers Communications
Councilmember Zneimer spoke regarding the City’s award for its Rose Parade float, the recent Library Volunteer Recognition event, recent code enforcement cases, and a recent water education session she attended.
19 - 7
Regular Meeting Minutes South Pasadena City Council April 20, 2022
Councilmember Donovan spoke regarding the Arroyo Seco Golf Course and Nature Trail re-openings, and the lease for the batting cages.
Councilmember Mahmud spoke regarding a recent meeting of the Library Board of Trustees, a recent meeting of the Planning Commission and its approval of the Arbor Square Project, and the upcoming Garden Tour hosted by South Pasadena Beautiful.
Motion by Councilmember Mahmud, second by Mayor Pro Tem Primuth, to bring back a resolution condemning the actions of the Russian Government towards Ukraine.
Mayor Pro Tem Primuth spoke regarding a recent meeting of the Mobility, Infrastructure & Transportation Commission, the Arroyo Verdugo Joint Powers Authority (JPA) meeting postponement to June 9, 2022, a recent Southern California Association of Governments (SCAG) Transportation Committee meeting, a recent SB 381 Implementation Ad-Hoc Committee meeting, the final report from the Finance AdHoc Committee, the 626 Golden Street event this coming weekend, the Eclectic Music Festival on April 30, and the upcoming South Pasadena Education Foundation Party Gras event in May.
Mayor Cacciotti spoked regarding electronic leaf blowers, the Library Volunteer Recognition event, the recent event of the Institute Redesign and Learning at the Arroyo, the horse trail by the Arroyo, an unhoused individual who recently obtained housing, a recent meeting at the Huntington Beach Police Department regarding mental health mobile services, a Public Works employee who fixed a broken tree branch, the Arroyo Seco Golf Course, and the recent Eggstravaganza event.
10. City Manager Communications
City Manager Chaparyan invited the community to attend the 626 Golden Streets event.
“Gabe the Sasquatch” visited the City Council meeting along with “Officer Justice”.
11. Reordering of, Additions, or Deletions to the Agenda None.
-This section has intentionally been left blank19 - 8
Regular Meeting Minutes South Pasadena City Council April 20, 2022
CONSENT CALENDAR
A motion was made by Councilmember Zneimer, seconded by Councilmember Mahmud and approved by roll call vote to approve Consent Calendar Items 12-15, as presented and with modification to item No. 13. Mayor Pro Tem Primuth requested to pull Item No. 16 for separate discussion. The motion carried 5-0, by the following vote:
AYES: Donovan, Mahmud, Primuth, Zneimer, Mayor Cacciotti NOES: None.
ABSENT: None.
ABSTAINED: None.
12. APPROVAL OF PREPAID WARRANTS IN THE AMOUNT OF $95,607.42; GENERAL CITY WARRANTS IN THE AMOUNT OF $558,255.01;
SUPPLEMENTAL AUTOMATED CLEARING HOUSE PAYMENTS IN THE
AMOUNT OF $67,943.53; VOIDS IN THE AMOUNT OF ($6,077.50); TRANSFERS IN THE AMOUNT OF $96,898.22; PAYROLL IN THE AMOUNT OF $937,322.02 Recommendation
It is recommended that the City Council approve the Warrants as presented.
A motion was made to approve recommendation on the Consent Calendar
13. APPROVAL OF A FIVE-YEAR AGREEMENT WITH THE SOUTH PASADENA
CHAMBER OF COMMERCE FOR THE OPERATION OF THE SOUTH PASADENA FARMERS’ MARKET
Recommendation
It is recommended that the City Council approve a five (5) year agreement with the South Pasadena Chamber of Commerce for the operation of the South Pasadena Farmers’ Market.
A motion was made to approve recommendation on the Consent Calendar
14. MONTHLY INVESTMENT REPORT FOR FEBRUARY 2022
Recommendation
It is recommended that the City Council receive and file the Monthly Investment Report for February 2022.
A motion was made to approve recommendation on the Consent Calendar -This section has intentionally been left blank19 - 9
Regular Meeting Minutes South Pasadena City Council April 20, 2022
15. APPROVAL OF THIRD AMENDMENT TO THE ARROYO SECO GOLF COURSE OPERATIONS MANAGEMENT AGREEMENT WITH DONOVAN BROS. GOLF, LLC
Recommendation
It is recommended that the City Council approve the Third Amendment to the Arroyo Seco Golf Course (Golf Course) Operations Management Agreement (Agreement) with Donovan Bros. Golf, LLC (Donovan).
A motion was made to approve recommendation on the Consent Calendar
16. PRESENTATION OF CITY COUNCIL MEETING MINUTES
Recommendation
It is recommended that the City Council approve the minutes as listed on the agenda and as presented.
COUNCIL ACTION AND MOTION
Mayor Pro Tem Primuth pulled this item for further discussion. A motion was made by Mayor Pro Tem Primuth, seconded by Councilmember Zneimer and approved by roll call vote to approve the Item No. 16, as modified. The motion carried 5-0, by the following vote:
AYES: Donovan, Mahmud, Primuth, Zneimer, Mayor Cacciotti NOES: None.
ABSENT: None.
ABSTAINED: None.
-This section has intentionally been left blank19 - 10 Regular Meeting Minutes South Pasadena City Council April 20, 2022
PUBLIC HEARING
17. PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE REMAINING
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS FOR FISCAL YEAR 2021/2022, IN THE AMOUNT OF $104,170.90, WITH INCREASES OF $6,127.70 FOR THE SENIOR NUTRITION PROGRAM AND $98,043.20 FOR THE
SIDEWALK REPLACEMENTS AND AMERICAN WITH DISABILITIES ACT RAMP UPGRADES, AND PROGRAM FUNDS FOR FISCAL YEAR 2022/2023 IN THE AMOUNT OF $122,554, WITH $24,510.80 FOR THE SENIOR NUTRITION PROGRAM AND $98,043.20 FOR SIDEWALK REPLACEMENTS AND AMERICAN
WITH DISABILITIES ACT RAMP UPGRADES
Recommendation
It is recommended that the City Council conduct a public hearing and adopt a resolution to approve the following:
1. Program the remaining portion of the Community Development Block Grant (CDBG) program funds for the Fiscal Year 2021/2022, in the amount of $104,170.90, with increases of $6,127.70 for the Senior Nutrition Program and $98,043.20 to Sidewalk Replacements and American with Disabilities Act (ADA) ramp upgrades; and
2. Program the CDBG program funds for the Fiscal Year 2022/2023, in the amount of $122,554, with $24,510.80 for the Senior Nutrition Program and $98,043.20 for Sidewalk Replacements and ADA ramp upgrades.
COUNCIL ACTION AND MOTION
A motion was made by Mayor Pro Tem Primuth, seconded by Councilmember Mahmud and approved by roll call vote to approve the Item No. 17, as presented. The motion carried 5-0, by the following vote:
AYES: Donovan, Mahmud, Primuth, Zneimer, Mayor Cacciotti NOES: None.
ABSENT: None.
ABSTAINED: None.
Resolution No. 7763 was adopted.
-This section has intentionally been left blank19 - 11 Regular Meeting Minutes South Pasadena City Council April 20, 2022
ACTION/DISCUSSION
18. AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENTS FOR THE 2021-2029 HOUSING ELEMENT AND GENERAL PLAN/ DOWNTOWN
SPECIFIC PLAN
Recommendation
It is recommended that the City Council authorize the City Manager to execute the:
1. Second Amendment to the PlaceWorks Professional Services Agreement (PSA) for the 2021-2029 Housing Element to include additional analysis in the amount of $42,715 for a total not-to-exceed amount of $310,313; and
2. Third Amendment to the PlaceWorks PSA for the General Plan/Downtown Specific Plan (GP/DTSP) to include additional revisions in the amount of $25,000 for a total not-to-exceed amount of $260,312.
In-person Comments:
Alan Ehrlich spoke regarding the amendment for the Housing Element and General Plan.
Josh Albrektson spoke regarding lawsuits against the City, the April administrative draft of the Housing Element to the California Department of Housing and Community Development (HCD) and the response from HCD.
COUNCIL ACTION AND MOTION
A motion was made by Mayor Pro Tem Primuth, seconded by Councilmember Mahmud and approved by roll call vote to approve the Item No. 18, as presented, with direction that staff report back on the reconciliation of PlaceWorks’ invoices and amounts paid vs contract max allowance. The motion carried 4-1, by the following vote:
AYES: Donovan, Mahmud, Primuth, Mayor Cacciotti
NOES: Zneimer
ABSENT: None.
ABSTAINED: None.
-This section has intentionally been left blank19 - 12 Regular Meeting Minutes South Pasadena City Council April 20, 2022
19. APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE SOUTH
PASADENA PRESERVATION FOUNDATION FOR INSPECTION OF VACANT CALTRANS SURPLUS HOMES; AND AUTHORIZE CITY MANAGER TO ISSUE
REQUEST FOR QUALIFICATIONS FOR HOUSING RELATED ENTITIES, TO
ISSUE A REQUEST FOR PROPOSAL FOR PROPERTY INSPECTION AND
REPAIR ESTIMATES FOR SUCH PROPERTIES, AND TO APPROVE A FIRST
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CIVICSTONE, LLC
Recommendation
It is recommended that the City Council review and provide direction regarding the implementation of Senate Bill 381 (SB 381):
1. Authorize the City Manager to enter into a Memorandum of Understanding (MOU) with the South Pasadena Preservation Foundation (SPPF) to inspect the vacant historic surplus Caltrans properties and identify the character defining features; and
2. Authorize the City Manager to release a Request for Qualifications (RFQ) to solicit Housing Related Entities (HREs) for potential partnership opportunities and/or consultants to assist in the formation and implementation of a Community Land Trust; and
3. Authorize the City Manager to release a Request for Proposals (RFP) to conduct property inspection and repair estimates of the properties under consideration for purchase by the City; and
4. Approve a First Amendment to the Professional Services Agreement (PSA) with CivicStone, LLC to extend the contract term to complete the existing scope of work and authorize and additional $5,850 for the additional scope of work, for total notto-exceed amount of $80,850 Zoom Comments:
Mark Gallatin spoke regarding the South Pasadena Preservation Foundation and CalTrans.
Steven Lawrence spoke regarding the renters of South Pasadena and the CalTrans properties.
COUNCIL ACTION AND MOTION
Recommendation No. 1 of this item was removed at the request of the South Pasadena Preservation Foundation. The item will be brought back at a future meeting date.
-This section has intentionally been left blank19 - 13 Regular Meeting Minutes South Pasadena City Council April 20, 2022
A motion was made by Mayor Pro Tem Primuth, seconded by Councilmember Mahmud and approved by roll call vote to approve recommendation No. 2 of this item, as presented. The motion carried 5-0, by the following vote:
AYES: Donovan, Mahmud, Primuth, Zneimer, Mayor Cacciotti NOES: None.
ABSENT: None.
ABSTAINED: None.
A motion was made by Councilmember Donovan, seconded by Councilmember Mahmud and approved by roll call vote to approve recommendation No. 3 of this item, as presented with the letter to Caltrans pertaining to access to the properties. The motion carried 5-0, by the following vote:
AYES: Donovan, Mahmud, Primuth, Zneimer, Mayor Cacciotti NOES: None.
ABSENT: None.
ABSTAINED: None.
A motion was made by Councilmember Mahmud, seconded by Mayor Cacciotti and approved by roll call vote to approve recommendation No. 4 of this item, as presented. The motion carried 5-0, by the following vote:
AYES: Donovan, Mahmud, Primuth, Zneimer, Mayor Cacciotti NOES: None.
ABSENT: None.
ABSTAINED: None.
-This section has intentionally been left blank19 - 14 Regular Meeting Minutes South Pasadena City Council April 20, 2022
ADJOURNMENT
There being no further matters, Mayor Cacciotti adjourned the meeting of the City Council at 11:10 P.M., to the next Special City Council meeting scheduled on Wednesday, April 27, 2022.
Respectfully submitted:
_______________________________
Mark Perez
Deputy City Clerk
APPROVED:
_______________________________
Jon Primuth
Mayor
ATTEST:
________________________________
Mark Perez
Deputy City Clerk
Approved at City Council Meeting:
19 - 15
THIS PAGE
INTENTIONALLY
LEFT BLANK
19 - 16
ATTACHMENT 2
May 04, 2022, Regular Meeting Minutes
19 - 17
THIS PAGE
INTENTIONALLY
LEFT BLANK
19 - 18
CITY OF SOUTH PASADENA
CITY COUNCIL - REGULAR MEETING
M I N U T E S
WEDNESDAY, MAY 4, 2022, AT 7:00 P.M.
CALL TO ORDER:
The Regular Meeting of the South Pasadena City Council was called to order by Mayor Cacciotti on Wednesday, May 4, 2022, at 7:21 P.M. The City Council Chambers are located at 1424 Mission Street, South Pasadena, California.
ROLL CALL:
PRESENT Mayor Michael Cacciotti
Mayor Pro Tem Jon Primuth
Councilmember Jack Donovan
Councilmember Diana Mahmud
Councilmember Evelyn G. Zneimer
ABSENT None.
Christina Muñoz, Deputy City Clerk, announced a quorum.
CITY STAFF PRESENT:
Arminé Chaparyan, City Manager; Andrew Jared, City Attorney (participated via zoom); Christina Muñoz, Deputy City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
The Flag Salute was led by Councilmember Diana Mahmud
19 - 19
Regular Meeting Minutes South Pasadena City Council May 4, 2022
CLOSED SESSION ANNOUNCEMENTS
1. Closed Session Announcements
A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
1. Owen Cliff Snider v. City of South Pasadena, (UPC Case No. LA-CE-1180-M)
2. Californians for Homeownership, Inc. v. City of South Pasadena, (Case No. 22STCP01161)
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Conference with Labor Negotiators regarding labor negotiations with the following groups:
- South Pasadena Police Officers’ Association
- South Pasadena Firefighters’ Association
- South Pasadena Public Service Employees’ Association
- South Pasadena Public Service Part Time Employees’ Association City Negotiators: City Manager Arminé Chaparyan; Human Resources and Risk Manager Belinda Varela
C. CONFERENCE WITH LABOR NEGOTIATOR: INITIATION OF LITIGATION Government Code Section 54956.9(d)(4))
Number of Potential Cases: 1
City Attorney Jared announced City Council recessed into Closed Session at 5:30 P.M. with all members present. Item No. A - 1, was not discussed and will be brought back to May 18 meeting. Item Nos. A - 2 and B, no reportable action taken.
Item No. C, direction provided under unanimous consent to initiate that litigation.
The City Council recessed closed session at 7:10 P.M.
PUBLIC COMMENT
2. Public Comment – General – General (Non-Agenda Items) In-Person Comments:
Walter Quinn spoke regarding the South Pasadena Police Department.
Josh Albrekson spoke regarding the Housing Element.
19 - 20
Regular Meeting Minutes South Pasadena City Council May 4, 2022
Mike Chelsovian spoke regarding incident involving Police Officers.
Alan Ehrlich spoke regarding time limits for public comments and City Council.
Zoom Comment:
Laurie Wheeler spoke on the Eclectic Music Festival and Arts Crawl event.
PRESENTATIONS
3. Proclamation: Declaring May As “Asian American And Pacific Islander Heritage Month” In the City of South Pasadena
Mayor Cacciotti, Councilmember Zneimer, and President of the South Pasadena Chinese American Club Yuki Cutcheon presented a proclamation declaring May as “Asian American And Pacific Islander Heritage Month” in the City of South Pasadena.
Congresswoman Judy Chu, David Kim with State Senator’s Portantino joined via zoom to present and recognize the City during “Asian American And Pacific Islander Heritage Month”.
Performance from Kim’s Hapkido.
4. Proclamation: Declaring the Week Of May 1–7, 2022, As “Municipal Clerks Week” In The City Of South Pasadena
Deputy City Clerk Muñoz presented proclamation declaring the week of May 1-7, 2022, as “Municipal Clerk’s Week” in the City of South Pasadena.
COMMUNICATIONS
5. Councilmembers Communications
Councilmember Zneimer spoke regarding attending the Finance Commission meeting and the new Finance Policies discussed, the South Pasadena Tournament of Roses meeting, and the 626 Golden Streets event.
Councilmember Mahmud spoke regarding the State Water Board Workshop, being a panelist for the Colorado River Water Conference, and partaking in the South Pasadena Water Garden Tour.
Motion by Councilmember Mahmud, second by Mayor Pro Tem Primuth, to direct staff to develop a Grey Water Ordinance requiring new construction and remodels of bathrooms and laundry areas be outfitted with the redundant plumbing that is required for grey water.
19 - 21
Regular Meeting Minutes South Pasadena City Council May 4, 2022
Councilmember Donovan spoke regarding the Lease Properties Ad Hoc Committee meeting and the batting cages.
Mayor Pro Tem Primuth spoke regarding his attendance and the Eclectic Music Festival and the 626 Golden Streets event.
Mayor Cacciotti spoke regarding the internal social services committee, electrification efforts, Public Works, Fire, and Police, Commission meetings, and events attended.
6. City Manager Communications
City Manager Chaparyan spoke on being thrilled to be in attendance.
7. Reordering of, Additions, or Deletions to the Agenda None.
CONSENT CALENDAR
A motion was made by Councilmember Mahmud, seconded by Councilmember Donovan and approved by roll call vote to approve Consent Calendar Items No. 9, 10, 12, as presented and with modification to Items No. 9 and 12. Councilmember Zneimer requested to pull Item No. 8 for separate discussion. A member of the community pulled Item No. 11 for public comment. The motion carried 5-0, by the following vote:
AYES: Donovan, Mahmud, Primuth, Zneimer, Mayor Cacciotti NOES: None.
ABSENT: None.
ABSTAINED: None.
-This section has intentionally been left blank19 - 22 Regular Meeting Minutes South Pasadena City Council May 4, 2022
8. APPROVAL OF PREPAID WARRANTS IN THE AMOUNT OF $92,820.69; GENERAL CITY WARRANTS IN THE AMOUNT OF $412,417.98;
SUPPLEMENTAL AUTOMATED CLEARING HOUSE PAYMENTS IN THE
AMOUNT OF $26,277.71; VOIDS IN THE AMOUNT OF ($1,794.00); PAYROLL IN THE AMOUNT OF $739,606.90
Recommendation
It is recommended that the City Council approve the Warrants as presented.
In-Person Comment:
Alan Ehrlich spoke regarding City Attorney bills.
COUNCIL ACTION AND MOTION
Councilmember Zneimer requested to pull this item for separate discussion. A motion was made by Councilmember Zneimer, seconded by Councilmember Mahmud and approved by roll call vote to approve Item No. 8, as presented.
The motion carried 5-0, by the following vote:
AYES: Donovan, Mahmud, Primuth, Zneimer, Mayor Cacciotti NOES: None.
ABSENT: None.
ABSTAINED: None.
9. PRESENTATION OF CITY COUNCIL MEETING MINUTES
Recommendation
It is recommended that the City Council approve the December 15, 2021 minutes as listed on the agenda and as presented.
A motion was made to approve recommendation on the Consent Calendar
10. AUTHORIZE ACCEPTANCE OF FUNDING FROM THE 2021 URBAN AREA SECURITY INITIATIVE GRANT FUNDS IN THE AMOUNT OF $44,369 FOR A
VIRTUAL REALITY TRAINING SIMULATOR
Recommendation
It is recommended that the City Council:
1. Authorize the City Manager or designee to accept a grant award of $44,369 from the 2021 Urban Area Security Initiative (UASI) to reflect in the Homeland Security Grant revenue account 274-0000-0000-5036-000; and
2. Authorize the City Manager or designee to execute the UASI 2021 Subaward Agreement and related documents to purchase equipment that supports regional homeland security goals; and
3. Appropriate $44,369 to account 274-4010-4019-8520-000 for the Virtual Reality Training Simulator.
A motion was made to approve recommendation on the Consent Calendar 19 - 23
Regular Meeting Minutes South Pasadena City Council May 4, 2022
11. AWARD OF CONTRACT TO R.E. PATTERSON AND ASSOCIATES FOR THE
DEVELOPMENT OF AN UPDATED LOCAL HAZARD MITIGATION PLAN FOR
THE CITY OF SOUTH PASADENA FOR SUBMISSION TO AND APPROVAL BY
CALIFORNIA STATE OFFICE OF EMERGENCY SERVICES AND THE FEDERAL
EMERGENCY MANAGEMENT AGENCY
Recommendation
It is recommended that the City Council:
1. Accept a proposal from R. E. Patterson and Associates for the five-year update to the City of South Pasadena’s Local Hazard Mitigation Plan (LHMP); and
2. Authorize the City Manager to execute the agreement and any amendments with R. E. Patterson and Associates for a total not-to-exceed amount of $34,000.
In-Person Comment:
Alan Ehrlich spoke regarding previous consultants and reports.
COUNCIL ACTION AND MOTION
A motion was made by Councilmember Mahmud, seconded by Councilmember Zneimer and approved by roll call vote to approve the Item No. 11, as presented.
The motion carried 5-0, by the following vote:
AYES: Donovan, Mahmud, Primuth, Zneimer, Mayor Cacciotti NOES: None.
ABSENT: None.
ABSTAINED: None.
12. REVISED BUDGET CALENDAR
Recommendation:
Staff recommends City Council review and accept the attached revised Budget Calendar.
A motion was made to approve recommendation on the Consent Calendar -This section has intentionally been left blank19 - 24 Regular Meeting Minutes South Pasadena City Council May 4, 2022
PUBLIC HEARING
13. FIRST READING AND INTRODUCTION OF AN ORDINANCE ADOPTING A
POLICY FOR THE APPROVAL, ACQUISITION, AND REPORTING OF MILITARY
EQUIPMENT BY THE SOUTH PASADENA POLICE DEPARTMENT
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTH PASADENA, CALIFORNIA, ADOPTING A POLICY
FOR THE USE OF MILITARY EQUIPMENT BY THE SOUTH
PASADENA POLICE DEPARTMENT
Recommendation
Staff recommends City Council open the Public Hearing and continue the item onto the May 18, 2022 City Council Meeting.
Mayor opened Public Hearing for the purpose of continuing the item at the May 18, City Council meeting, and thus, no public comment was taken.
ACTION/DISCUSSION
14. APPROVAL OF FUNDS FOR JULY 4TH THEATRICAL PRESENTATION BY JIM
AND LISSA REYNOLDS AT THE SOUTH PASADENA HIGH SCHOOL
Recommendation
It is recommended that the City Council approve the funding request for the proposed July 4th Theatrical Presentation by Jim and Lissa Reynolds (Reynolds) at South Pasadena High School. This request does not include any City staff expenditures and city-related resources.
Zoom Comments:
Yvonne LaRose spoke requesting for Lissa Reynolds to speak on the presentation.
Lissa Reynolds spoke on the proposed July 4th theatrical presentation.
Jim Reynolds spoke on the proposed July 4th theatrical presentation.
Mark Gallatin spoke regarding the approval of the funding for the July 4th theatrical presentation.
Joseph Payne spoke regarding the proposed presentation. 19 - 25
Regular Meeting Minutes South Pasadena City Council May 4, 2022
Yvonne La Rose spoke regarding the approval of funding for the July 4th theatrical presentation by the request of the Mayor.
COUNCIL ACTION AND MOTION
A motion was made by Councilmember Mahmud, seconded by Councilmember Zneimer, and approved by roll call vote to approve the Item No. 14, as presented with direction for staff to fund presentation using $3,000 of Mayor Cacciotti discretionary funds, $588 of Mayor Pro Tem Primuth’s discretionary funds, $500 of Councilmember Mahmud’s discretionary funds, $500 of Councilmember Donovan’s discretionary funds, and $1,000 of Councilmember Zneimer’s discretionary funds. The motion carried 5-0, by the following vote:
AYES: Donovan, Mahmud, Primuth, Zneimer, Mayor Cacciotti NOES: None.
ABSENT: None.
ABSTAINED: None.
ADJOURNMENT
There being no further matters, Mayor Cacciotti adjourned the meeting of the City Council at 9:19 P.M., to the next City Council meeting scheduled on Wednesday, May 18, 2022.
Respectfully submitted:
_______________________________
Mark Perez
Deputy City Clerk
APPROVED:
_______________________________
Jon Primuth
Mayor
ATTEST:
________________________________
Mark Perez
Deputy City Clerk
Approved at City Council Meeting:
19 - 26
ATTACHMENT 3
March 15, 2023, Regular Meeting Minutes
19 - 27
THIS PAGE
INTENTIONALLY
LEFT BLANK
19 - 28
CITY OF SOUTH PASADENA
CITY COUNCIL - REGULAR MEETING
M I N U T E S
WEDNESDAY, MARCH 15, 2023, AT 7:00 P.M.
CALL TO ORDER:
The Regular Meeting of the South Pasadena City Council was called to order by Mayor Primuth on Wednesday, March 15, 2023, at 10:27 P.M. in the Amedee O. “Dick” Richards, Jr. Council Chambers, located at 1424 Mission Street, South Pasadena, California.
ROLL CALL:
PRESENT Mayor Jon Primuth
Mayor Pro Tem Evelyn G. Zneimer
Councilmember Janet Braun
Councilmember Michael A. Cacciotti
ABSENT Councilmember Jack Donovan
Tiara Solorzano, Administrative Secretary, announced a quorum.
CITY STAFF PRESENT:
Arminé Chaparyan, City Manager; Andrew Jared, City Attorney; Tiara Solorzano, Administrative Secretary; Yolanda Chavez, Interim City Clerk/Records Specialist were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
The Flag Salute was led by Councilmember Cacciotti.
19 - 29
Regular Meeting Minutes South Pasadena City Council March 15, 2023
CLOSED SESSION ANNOUNCEMENTS
1. Closed Session Announcements
City Attorney Jared announced there were two items to be added to the Closed Session Special Meeting Agenda that require action prior to the next regularly scheduled City Council Meeting. Both items are pursuant to Government Code Section 54956.9(d)(2) the first item, potential employment litigation against the City; and the second item, potential litigation regarding a development issue.
A motion was made by Councilmember Cacciotti, seconded by Mayor Pro Tem Zneimer and approved by roll call vote to add two items to the Closed Session Special Meeting Agenda pursuant to Government Code Section 54956.9(d)(2). The motion carried 5-0, by the following vote:
AYES: Braun, Cacciotti, Donovan, Zneimer, Mayor Primuth NOES: None.
ABSENT: None.
ABSTAINED: None.
City Attorney Jared referenced the two closed session agenda items from the March 1, 2023, City Council Meeting and reported as follows:
B. REAL PROPERTY NEGOTIATIONS
(Government Code Section 54956.8)
1. Property Address: 660 Stoney Drive
Agency Negotiator: Arminé Chaparyan, City Manager
Negotiating Party: Arthur Becerra, South Pasadena Batting Cages, LLC Under Negotiation: Price and Terms
2. Property Address: 308 San Pascual Avenue
Agency Negotiator: Arminé Chaparyan, City Manager
Negotiating Party: Anthony Vargas and Daisy Maldonado
Under Negotiation: Lease Terms
City Attorney Jared stated no reportable action was taken regarding the March 1 items.
-This section has intentionally been left blank19 - 30 Regular Meeting Minutes South Pasadena City Council March 15, 2023
A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
1. James Cheung v. So. Pasadena (LASC Case No. 22STCP01432)
2. James Cheung v. So. Pasadena (CDCA Case No. 2:22 cv-01756-SVW-GJS)
3. City of South Pasadena, et al. vs California Department of Transportation, et al. (LASC Case No. 21STCP01779)
4. Fahren James and Victoria Patterson v. City of South Pasadena (CDCA Case No. 2:21-cv-08256-DSF-KK)
B. CONFERENCE WITH LEGAL COUNSEL: POTENTIAL LITIGATION (CITY
INITIATING)
Government Code Section 54956.9(d)(4)
Number of Potential Cases: 1
City Attorney Jared stated no reportable action taken on Items No. 1, 2, 3 and 4. City Attorney Jared noted closed session Item No. B and the two items added to the closed session agenda will be heard at the conclusion of the open session.
The City Council recessed closed session at 10:31 P.M.
PUBLIC COMMENT
2. Public Comment – General – General (Non-Agenda Items) Zoom Comments:
Gail Maltun commented regarding the City’s Housing Element submission and the Golf Course.
Alan Maltun spoke regarding the Housing Element process, community engagement and diversity.
Yvonne LaRose spoke regarding Women’s History Month.
In-Person Comments:
Alan Ehrlich spoke regarding the Finance Policy and Sunshine Week’s purpose. -This section has intentionally been left blank19 - 31 Regular Meeting Minutes South Pasadena City Council March 15, 2023
RECOGNITION / INTRODUCTION
3. STAFF INTRODUCTION
Community Services Department:
Gabriel Tallon, Management Analyst
CHANGES TO THE AGENDA
4. REORDERING OF, ADDITIONS, OR DELETIONS TO THE AGENDA Hearing no opposition, Mayor Primuth moved Item No. 11 to be heard prior to Item No. 3.
CONSENT CALENDAR
A motion was made by Councilmember Cacciotti, seconded by Councilmember Braun and approved by roll call vote to approve Consent Calendar Items No. 6 and 7, as presented. Mayor Pro Tem Zneimer requested to pull Items No. 5, 8, 9, and 10, for separate discussion. The motion carried 4-0-1, by the following vote:
AYES: Braun, Cacciotti, Zneimer, Mayor Primuth
NOES: None.
ABSENT: Donovan
ABSTAINED: None.
5. APPROVAL OF PREPAID WARRANTS IN THE AMOUNT OF $116,671.15; GENERAL CITY WARRANTS IN THE AMOUNT OF $1,169,409.96; VOIDS IN THE AMOUNT OF ($1,800.00); ONLINE PAYMENTS IN THE AMOUNT OF $74,348.86; PAYROLL IN THE AMOUNT OF $671,405.35
Recommendation
It is recommended that the City Council approve the Warrants as presented.
In-Person Comments:
Alan Ehrlich commented regarding the City’s cost recovery associated with expedited services accrued by the Planning Department.
-This section has intentionally been left blank19 - 32 Regular Meeting Minutes South Pasadena City Council March 15, 2023
COUNCIL ACTION AND MOTION
Mayor Pro Tem Zneimer requested to pull this item for separate discussion. A motion was made by Mayor Pro Tem Zneimer, seconded by Councilmember Cacciotti and approved by roll call vote to approve Item No. 5, as presented.
The motion carried 4-0-1, by the following vote:
AYES: Braun, Cacciotti, Zneimer, Mayor Primuth
NOES: None.
ABSENT: Donovan
ABSTAINED: None.
6. APPROVAL OF A THIRD AMENDMENT TO THE ARROYO SECO RACQUET CLUB LEASE AGREEMENT WITH I-TENNIS, INC.
Recommendation
It is recommended that the City Council approve a third amendment to the Arroyo Seco Racquet Club (Racquet Club) Lease Agreement (Lease Agreement) with ITennis, Inc. (I-Tennis) extending the current term though June 30, 2023.
A motion was made to approve recommendation on the Consent Calendar
7. APPROVAL OF A FACILITY LICENSE AND OPERATIONS AGREEMENT WITH
SOUTH PASADENA BATTING CAGES, LLC FOR THE OPERATION OF THE
BATTING CAGE FACILITY AND ADOPT THE FINDING OF EXEMPTION FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Recommendation
It is recommended that the City Council:
1. Approve a Facility License and Operations Agreement between South Pasadena Batting Cages, LLC (SPBC), and the City of South Pasadena (City) for the Operations of the South Pasadena Batting Cages (Facility); and
2. Adopt finding of exemption from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301 Existing Facilities.
A motion was made to approve recommendation on the Consent Calendar -This section has intentionally been left blank19 - 33 Regular Meeting Minutes South Pasadena City Council March 15, 2023
8. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ROBERT HALF INTERNATIONAL INC., FOR TEMPORARY STAFFING SERVICES IN AN AMOUNT NOT-TO-EXCEED $150,000
Recommendation
It is recommended that the City Council:
1. Authorize the City Manager, or designee, to execute all documents necessary to amend the Professional Services Agreement with Robert Half International Inc. for temporary staffing services, to increase the contract amount by $150,000, and extend the contract term through June 30, 2024;
2. Appropriate $150,000 to Professional Services – Permanent Account 101- 2030-2034-8170-000 from General Fund Reserves to fund the amendment.
COUNCIL ACTION AND MOTION
Mayor Pro Tem Zneimer requested to pull this item for separate discussion. A motion was made by Mayor Pro Tem Zneimer, seconded by Councilmember Cacciotti and approved by roll call vote to approve Item No. 8, as presented.
The motion carried 4-0-1, by the following vote:
AYES: Braun, Cacciotti, Zneimer, Mayor Primuth
NOES: None.
ABSENT: Donovan
ABSTAINED: None.
9. AUTHORIZATION TO ENTER INTO AGREEMENTS WITH MICROSOFT, CDW
GOVERNMENT, AND ACORN TECHNOLOGY SERVICES FOR THE
SUBSCRIPTION PURCHASE OF MICROSOFT OFFICE 365 LICENSES
Recommendation
It is recommended that the City Council:
1. Authorize the City Manager, or designee, to enter into agreements with Acorn Technology Services, Microsoft, and CDW Government, LLC, in an amount not to exceed $87,402, for the licensing, implementation, and migration support of Microsoft Office 365, inclusive of a ten percent contingency in the amount of $7,946; and,
2. Transfer $87,402 in State and Local Fiscal Recovery Funds from Account No. 101-3010-3041-8020 (Finance- Special Department Expense) to Account No. 206-2030-2032-8170-000 (Management Services Information TechnologyProfessional Services) to fully fund the licensing, implementation, and migration support to Office 365.
In-Person Comments:
Alan Ehrlich spoke regarding the funding source.
19 - 34
Regular Meeting Minutes South Pasadena City Council March 15, 2023
COUNCIL ACTION AND MOTION
Mayor Pro Tem Zneimer requested staff consider the hiring of a dedicated staff person to assist with the Public Records Requests.
Mayor Pro Tem Zneimer requested to pull this item for separate discussion. A motion was made by Mayor Pro Tem Zneimer, seconded by Councilmember Cacciotti and approved by roll call vote to approve Item No. 9, as presented.
The motion carried 4-0-1, by the following vote:
AYES: Braun, Cacciotti, Zneimer, Mayor Primuth
NOES: None.
ABSENT: Donovan
ABSTAINED: None.
10. APPROVAL OF THIRD QUARTER 2021-2026 STRATEGIC PLAN UPDATE Recommendation
It is recommended that the City Council approve the Third Quarter 2021-2026 Strategic Plan update.
COUNCIL ACTION AND MOTION
Mayor Pro Tem Zneimer requested to pull this item for separate discussion. A motion was made by Mayor Pro Tem Zneimer, seconded by Mayor Primuth and approved by roll call vote to approve Item No. 10, as presented. The motion carried 4-0-1, by the following vote:
AYES: Braun, Cacciotti, Zneimer, Mayor Primuth
NOES: None.
ABSENT: Donovan
ABSTAINED: None.
-This section has intentionally been left blank19 - 35 Regular Meeting Minutes South Pasadena City Council March 15, 2023
PUBLIC HEARING
Item No. 11 was taken out of order.
11. APPROVE A RESOLUTION DESIGNATING 534 ARROYO DRIVE AS A HISTORIC LANDMARK PURSUANT TO SPMC 2.63(B); FINDING PROJECT
EXEMPT UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15308.
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DESIGNATING 534 ARROYO DRIVE AS
A HISTORIC LANDMARK (LANDMARK NO. 59) PURSUANT TO
SPMC 2.63(b)
Recommendation
It is recommended that the City Council adopt a Resolution taking the following actions:
1. Find the project exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15308, Class 8, Actions for Protection of the Environment.
2. Find that the property known at 534 Arroyo Drive qualifies under criteria (4), (5), (6), and (7) of the South Pasadena Municipal Code Section 2.63(b), for designation of a Historic Landmark; and,
3. Designate the property at 534 Arroyo Drive as a Historic Landmark (Historic Landmark No. 59) pursuant to South Pasadena Municipal Code Section
2.63(c)(9).
COUNCIL ACTION AND MOTION
Mayor Primuth opened the Public Hearing.
In-Person Comments:
Alan Ehrlich spoke regarding the Cultural Heritage Commission and Item No. 11.
With no other requests to speak, the Public Hearing was closed.
A motion was made by Councilmember Cacciotti, seconded by Mayor Pro Tem Zneimer and approved by roll call vote to approve Item No. 11, as presented.
The motion carried 4-0-1, by the following vote:
AYES: Braun, Cacciotti, Zneimer, Mayor Primuth
NOES: None.
ABSENT: Donovan
ABSTAINED: None.
Resolution No. 7809 was adopted.
19 - 36
Regular Meeting Minutes South Pasadena City Council March 15, 2023
PUBLIC COMMENT – CONTINUED
12. CONTINUED PUBLIC COMMENT – GENERAL
None.
COMMUNICATIONS
13. COUNCILMEMBER COMMUNICATIONS
Mayor Pro Tem Zneimer spoke on her attendance to Congresswomen Judy Chu’s certificate presentation and the candidate from the City of South Pasadena.
Councilmember Braun requested staff research a Special City Council Meeting process to consider the impact on resident’s time and public participation.
Councilmember Cacciotti spoke on attending the Air Quality Management District (AQMD) Board Meeting and the Gold Line Joint Powers Authority Board Meeting.
He also spoke on Public Works and their quick response times to service requests, the City’s electrification efforts, the Institute of Redesign of Learning event, and the Senior Center’s St. Patrick’s Day event.
14. CITY MANAGER COMMUNICATIONS
None.
-This section has intentionally been left blank19 - 37 Regular Meeting Minutes South Pasadena City Council March 15, 2023
ADJOURNMENT
There being no further matters, Mayor Primuth adjourned the meeting of the City Council at 11:40 P.M., to the next Regular City Council meeting scheduled on Wednesday, April 19, 2023.
Respectfully submitted:
_______________________________
Mark Perez
Deputy City Clerk
APPROVED:
_______________________________
Jon Primuth
Mayor
ATTEST:
________________________________
Mark Perez
Deputy City Clerk
Approved at City Council Meeting:
19 - 38
ATTACHMENT 4
March 15, 2023, Special Joint Meeting Minutes
19 - 39
THIS PAGE
INTENTIONALLY
LEFT BLANK
19 - 40
CITY OF SOUTH PASADENA
CITY COUNCIL AND FINANCE COMMISSION - SPECIAL JOINT MEETING
M I N U T E S
WEDNESDAY, MARCH 15, 2023, AT 6:30 P.M.
CALL TO ORDER:
The Special Joint Meeting of the South Pasadena City Council and Finance Commission was called to order by Mayor Primuth on Wednesday, March 15, 2023, at 6:45 P.M. in the Amedee O. “Dick” Richards, Jr. Council Chambers, located at 1424 Mission Street, South Pasadena, California.
ROLL CALL:
PRESENT Mayor Jon Primuth
Mayor Pro Tem Evelyn G. Zneimer
Councilmember Janet Braun
Councilmember Michael A. Cacciotti
Councilmember Jack Donovan
Chair Ed Elsner
Commissioner Frederick A Findley (via Zoom)
Commissioner Cynthia Quade
Commissioner Peter Giulioni Jr (via Zoom)
Commissioner Sheila Rossi
ABSENT None.
Tiara Solorzano, Administrative Secretary, announced a quorum.
CITY STAFF PRESENT:
Arminé Chaparyan, City Manager; Andrew Jared, City Attorney; Tiara Solorzano, Administrative Secretary; Yolanda Chavez, Interim City Clerk/Records Specialist were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
19 - 41
Special Joint Meeting Minutes March 15, 2023
South Pasadena City Council and Page 2
Finance Commission
PUBLIC COMMENT
1. Public Comment – General – General (Non-Agenda Items) In-Person Comments:
Josh Betta spoke regarding City Manager Chaparyan and the Finance Commission.
Alan Ehrlich spoke regarding the hiring of additional Finance staff and the item.
ACTION/DISCUSSION
2. APPROVAL OF FY 2022-23 MID-YEAR BUDGET REPORT AND ADJUSTMENTS,
CAPITAL IMPROVEMENT PROGRAM CARRYOVERS, CITY COUNCIL BUDGET
POLICIES, CREATION OF THREE FUNDS, AND RESOLUTION
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA APPROVING FISCAL YEAR 2022-2023 MID-YEAR
BUDGET AMENDMENTS AND ADJUSTMENTS, CAPITAL
IMPROVEMENT PROGRAM CARRYOVERS, CITY COUNCIL
BUDGET POLICIES, AND CREATION OF THREE FUNDS
Recommendation
Staff recommends that the City Council:
1. Approve the Fiscal Year 2022-23 Mid-Year Budget Report and Adjustments;
2. Approve of Fiscal Year 2021-22 Capital Improvement Program (CIP) Carryovers;
3. Approve of FY 22-23 Budget Policies;
4. Approve the creation of three new funds: State and Local Fiscal Recovery Fund (SLFRF) -206, Other Post-Employment Benefits (OPEB) 115 Trust Fund – 110, and Fund 209- Carlyle Library Bequest; and
5. Adopt A Resolution of The City Council of The City Of South Pasadena Approving Fiscal Year 2022-2023 Mid-Year Budget Amendments And Adjustments, Capital Improvement Program Carryovers, City Council Budget Policies, And Creation Of Three Funds.
-This section has intentionally been left blank19 - 42 Special Joint Meeting Minutes March 15, 2023
South Pasadena City Council and Page 3
Finance Commission
A motion was made by Councilmember Cacciotti, seconded by Councilmember Zneimer, and approved by roll call vote to approve Recommendation No. 1, the Fiscal Year 2022-23 Mid-Year Budget Report and Adjustments. The motion carried 5-0, by the following vote:
AYES: Braun, Cacciotti, Donovan, Zneimer, Mayor Primuth NOES: None.
ABSENT: None.
ABSTAINED: None.
A motion was made by Councilmember Cacciotti, seconded by Councilmember Donovan, and approved by roll call vote to approve Recommendation No. 2, Fiscal Year 2021-22 Capital Improvement Program (CIP) Carryovers. The motion carried 5- 0, by the following vote:
AYES: Braun, Cacciotti, Donovan, Zneimer, Mayor Primuth NOES: None.
ABSENT: None.
ABSTAINED: None.
A motion was made by Councilmember Cacciotti, seconded by Mayor Primuth, and approved by roll call vote to approve Recommendation No. 3, FY 22-23 Budget Policies with modification to remove staff’s commentary. The motion carried 5-0, by the following vote:
AYES: Braun, Cacciotti, Donovan, Zneimer, Mayor Primuth NOES: None.
ABSENT: None.
ABSTAINED: None.
A motion was made by Councilmember Cacciotti, seconded by Mayor Pro Zneimer, and approved by roll call vote to approve Recommendation No. 4, the creation of three new funds: State and Local Fiscal Recovery Fund (SLFRF) - 206, Other PostEmployment Benefits (OPEB) 115 Trust Fund – 110, and Fund 209 - Carlyle Library Bequest. The motion carried 5-0, by the following vote:
AYES: Braun, Cacciotti, Donovan, Zneimer, Mayor Primuth NOES: None.
ABSENT: None.
ABSTAINED: None.
-This section has intentionally been left blank19 - 43 Special Joint Meeting Minutes March 15, 2023
South Pasadena City Council and Page 4
Finance Commission
A motion was made by Councilmember Braun, seconded by Councilmember Donovan, and approved by roll call vote to adopt Recommendation No. 5, a Resolution of the City Council of the City of South Pasadena approving Fiscal Year 2022-2023 Mid-Year Budget Amendments and Adjustments, Capital Improvement Program Carryovers, City Council Budget Policies, and Creation of Three Funds with modifications to the Resolution: Section 2, strike “increase” and insert “include”; and Section 3, strike “Fiscal Year 2022-2023 Budget is hereby amended to incorporate the” and “(Attachment C)” to insert “Fiscal Year 2022-2023 are forwarded to the Finance Commission for further review”. The motion carried 5-0, by the following vote:
AYES: Braun, Cacciotti, Donovan, Zneimer, Mayor Primuth NOES: None.
ABSENT: None.
ABSTAINED: None.
Resolution No. 7810 was adopted.
ADJOURNMENT
There being no further matters, Mayor Primuth adjourned the meeting of the City Council and Finance Commission at 10:12 P.M.
Respectfully submitted:
_______________________________
Mark Perez
Deputy City Clerk
APPROVED:
_______________________________
Jon Primuth
Mayor
ATTEST:
________________________________
Mark Perez
Deputy City Clerk
Approved at City Council Meeting:
19 - 44
20 20 - 1
DATE:
City Council
Agenda Report
April 19, 2023
ITEM NO.
FROM: Armine Chaparyan, City Manager ~--fl¥" l(l,, PREPARED BY: John Downs, Interim Finance Director SUBJECT: Amendment to Professional Services Agreement with Roth Staffing Companies, LP. for Temporary Staffing Services in a New Not-to-Exceed Amount of $45,000
Recommendation
It is recommended that the City Council authorize the City Manager, or designee, to execute all documents necessary to amend the Professional Services Agreement with Roth Staffing Companies, LP. for temporary staffing services, to increase the contract amount by $15,000.
Executive Summary
The Finance Department continues utilizing temporary staffing for capacity building during the recruitment process for a Management Assistant position that was approved at the midyear budget. An existing agreement with a temporary staffing agency is being amended to provide additional funding to bridge the gap until permanent staff is onboarded. This engagement is expected to last two months.
Background
City Council approval is requested to amend the Professional Services Agreement (PSA) with Roth Staffing Companies, L.P. (Roth Staffing) to continue temporary staffing services within the Finance department. In October 2022, the City Manager approved a PSA with Roth Staffing to provide temporary staffing services for the Finance department under the City Manager's purchasing/contracting authority. The need for temporary staffing services by Roth Staffing continues to be critical in support of the current workload while the Management Assistant position is still vacant. The City's Human Resources Division is actively working to recruit for and fill the position before the end of the fiscal year.
The current agreement provided up to 714 hours of staffing assistance for $30,000, which is now exhausted. The approval of this amendment will allow the City to continue receiving temporary staffing services for the department while the recruitment process is under way.
Amendment to Professional Services Agreement with Roth Staffing April 19, 2023
Analysis
As of March 2023, the City has incurred approximately $30,000 for services rendered by Roth Staffing for temporary staffing. The need to continue the temporary staff assignment is anticipated to be needed for several more months until the recruitment for the Management Assistant is completed.
The temporary Management Assistant will assist the Finance department in Administrative tasks such as processing of department invoices, purchase orders, payroll time entry, water billing and business license payments; journal entry input, data processing, PRA requests, respond to departmental and residents’ inquiries and may manage small to intermediate projects.
Fiscal Impact
The requested amendment will increase the total contract by $15,000 for a total contract amount not to exceed $45,000. This contract amount will be offset by salary savings from vacant positions within the department.
Attachments:
1. Professional Services Agreement with Roth Staffing Companies, L.P. from October 10, 2022
2. Amendment to PSA
20 - 2
ATTACHMENT 1
Professional Services Agreement with Roth Staffing
Companies, L.P. from October 10, 2022
20 - 3
THIS PAGE
INTENTIONALLY
LEFT BLANK
20 - 4
20 - 5
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTANT SERVICES
City of South Pasadena, California
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of South Pasadena, a California municipal corporation ("City"), and Roth Staffing Services, L.P. dba Ultimate Staffing Services ("Consultant") 450 N. State College Blvd Orange, CA 92868
2. RECITALS
2.1. City has determined that it requires the following professional services from a consultant: Finance Clerk. The City and the Consultant have agreed upon assigning Katrina Aquino as the designated Finance Clerk for this agreement.
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": Consultant assist Finance Department with clerical functions such as data entry, filing, copy, scanning, and organizing.
3.2. "Agreement Administrator": The Agreement Administrator for this project is Albert Trinh, Finance Manager. 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 Professional Services Agreement - Consultant Services
Approved For Use 11/15/16
20 - 6
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 A and incorporated herein by this reference. This 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 (Thirty Thousand Dollars ($30,000.00).
3.5. "Commencement Date": October 10, 2022
3.6. "Termination Date": June 30, 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 following duties for the Finance Department:
data entry, filing copying, scanning, and organizing.
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 Professional Services Agreement - Consultant Services
Approved For Use 11/15/16
20 - 7
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 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. May Mullen/Business Solution 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 Professional Services Agreement - Consultant Services
Approved For Use 11/15/16
20 - 8
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.
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 A. 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 markup as set forth in the Approved Fee Schedule, Exhibit A. 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 be in the amount of $42 per hour not exceed the total Maximum Amount of $30,000.00 for this specific endeavor. 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 weekly basis for services performed pursuant to this Agreement and invoice are due within 30 days from the original date of invoice. 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.
Professional Services Agreement - Consultant Services
Approved For Use 11/15/16
20 - 9
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. 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. Intentionally Omitted.
8. PREVAILING WAGES
Consultant and City understand and agree that Consultant does not place positions that require prevailing wages.
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.
Professional Services Agreement - Consultant Services
Page S of 13
Approved For Use 11/15/16
20 - 10
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.
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.
10.5. Hiring of Consultant's associates and/or subcontractors City agrees tha( each of Consultant's associates and/or sub-contractors will only be able to obtain a direct contract or professional services agreement with the City, only after the expiration of the contract or professional services agreement with Consultant AND only after 2 years from the expiration date of the contract or professional services agreement with Consultant. City may convert Consultant's associates/ subcontractors to its payroll for a conversion fee according to the below schedule:
Number of Hours on Percent(%) of Employee's
Consultant's Payroll
1-250 hours
251-500 hours
o0l-713 hours
r,14+ hours
Initial Salary
t30%
~5%
15%
No Fee
Professional Services Agreement - Consultant Services
Approved For Use 11/15/16
20 - 11
City agrees not to directly or indirectly cause or permit any of Consultant's associates/subcontractors assigned to City by Consultant to transfer to another entity's payroll to perform services for City, or to perform services for City while on the payroll of any person or firm other than Consultant, or perform services for City as an independent contractor during the term of this Agreement and for a period of 12 months after such associate/ sub-contractors' assignment ends. If City violates this paragraph, then City shall pay to Consultant a fee in the amount of 30% of the associate/sub-contractor's annualized compensation.
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 to the extent 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, and 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 negligence or willful misconduct of the City.
11.4 Attorney's 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.
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.
Professional Services Agreement - Consultant Services
Approved For Use 11/15/16
20 - 12
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
City will not be requiring insurance as Consultant will primarily be working from personal site/offsite and assisting with electronic schedules over a short duration.
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
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 If to Consultant
Armine Chaparyan/City Manager
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7212
Facsimile: (626) 403-7241
Roth Staffing Companies, L.P.450 N State
College Blvd
Orange, CA 92868
With a copy to: [email protected]
Professional Services Agreement - Consultant Services
20 - 13
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
13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.l (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.
16.2. Consultant Termination. Consultant may terminate 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 Professional Services Agreement - Consultant Services