Agenda packet — South Pasadena City Council, June 17, 2024 (part 1 of 3)

City of South Pasadena Page 1

CITY OF SOUTH PASADENA

CITY COUNCIL REGULAR MEETING AGENDA
Council Chamber
1424 Mission Street, South Pasadena, CA 91030
June 17, 2020, at 7:30 p.m.

South Pasadena City Council Statement of Civility
As your elected governing board we will treat each other, members of the public, and city employees with patience, civility and courtesy as a model of the same behavior we wish to reflect in South Pasadena for the conduct of all city business and community participation. The decisions made tonight will be for the benefit of the South Pasadena community and not for personal gain.

NOTICE ON PUBLIC PARTICIPATION & ACCESSIBILITY

Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the regular meeting of the City Council for June 17, 2020 will be conducted remotely and held by video conference. The Meeting will be broadcast live on the City's website (http://www.spectrumstream.com/streaming/south_pasadena/live.cfm) and local cable channels.

Please be advised that pursuant to the Executive Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, the Council Chambers will not be open for the meeting. Council Members will be participating remotely and will not be physically present in the Council Chambers.

If you would like to comment on an agenda item, members of the public may submit their comments in writing for City Council consideration, by emailing them to:
[email protected]. Public Comments must be received by 6 p.m., June 16, 2020 to ensure adequate time to compile and post. Public Comment portion of the email is limited to 250 words. Please make sure to indicate: 1) your name; 2) what agenda item you are submitting public comment on, or if it is a general public comment; and/or 3) if you request for your public comment to be read at the meeting.

Regular Meeting Agenda South Pasadena City Council June 17, 2020 City of South Pasadena Page 2
CALL TO ORDER: Mayor Robert S. Joe
ROLL CALL: Councilmembers Michael A. Cacciotti, Marina Khubesrian, M.D, and Richard D. Schneider, M.D.; Mayor Pro Tem
Diana Mahmud; and Mayor Robert S. Joe.

PLEDGE OF ALLEGIANCE: Councilmember Richard Schneider, M.D.

CLOSED SESSION ANNOUNCEMENTS

1. CLOSED SESSION
ANNOUNCEMENTS: A Closed Session Agenda has been posted separately.

PUBLIC COMMENT AND SUGGESTIONS
The City Council welcomes public input. Members of the public may address the City Council by emailing: [email protected]. Public Comments must be received by 6 p.m., June 16, 2020 to ensure adequate time to compile and post. Public Comment portion of the email is limited to 250 words. Please make sure to indicate: 1) your name; 2) what agenda item you are submitting public comment on, or if it is a general public comment; and/or 3) if you request for your public comment to be read at the meeting.

Pursuant to state law, the City Council may not discuss or take action on issues not on the meeting agenda, except that members of the City Council or staff may briefly respond to statements made or questions posed by persons exercising public testimony rights (Government Code Section 54954.2). Staff may be asked to follow up on such items.

2. Public Comment – General

COMMUNICATIONS

3. Councilmembers Communications
Time allotted per Councilmember is three minutes. Additional time will be allotted at the end of the City Council Meeting agenda, if necessary.

4. City Manager Communications

5. Reordering of and Additions to the Agenda

OPPORTUNITY TO COMMENT ON CONSENT CALENDAR
Items listed under the consent calendar are considered by the City Manager to be routine in nature and will be enacted by one motion unless a public comment has been received or Councilmember requests otherwise, in which case the item will be removed for separate Regular Meeting Agenda South Pasadena City Council June 17, 2020 City of South Pasadena Page 3
consideration. Any motion relating to an ordinance or a resolution shall also waive the reading of the ordinance or resolution and include its introduction or adoption as appropriate.

CONSENT CALENDAR

6. Approval of Prepaid Warrants in the Amount of $112,528.92; General City Warrants in the Amount of $495,300.18; General City Warrant Voids in the Amount of ($4,063.79); Supplemental ACH Payments in the Amount of $9,348.96.

Recommendation
It is recommended that the City Council approve the Warrants as presented.

7. Approval of Updated 2020 City Council Meeting Schedule Recommendation
It is recommended that the City Council approve the Updated City Council meeting schedule for the 2020 calendar year adding the August 5, 2020 City Council Meeting.

8. Monthly Investment Reports for April 2020
Recommendation
It is recommended that the City Council receive and file the monthly investment reports for April 2020.

9. Award of Contract to Better 4 You Meals in the Amount of $85,135 for the Catered Senior Meal Program beginning June 1, 2020 and Fiscal Year 2020-2021, with the Option to Renew the Contract for an Additional Four Year
Recommendation
It is recommended that the City Council:

1. Award a contract for the Senior Meal Program (Program) to Better 4 You Meals in the amount of $85,135 for Fiscal year 2020-2021, to provide meals at the Senior Center and for home delivery. The contract will serve for a one-year period. Additionally, in accordance with the Community Development Block Grant (CDBG) guidelines, staff may automatically renew the contract up to four additional years (pending sufficient funds from CDBG), for a contract total of five-years, ending in 2025.

2. Approval starting June 1, 2020; contract with existing caterer will be terminated effective May 30, 2020.
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Regular Meeting Agenda South Pasadena City Council June 17, 2020 City of South Pasadena Page 4

10. Purchase of Carbon Media from Calgon Carbon Corporation for the Wilson Wellhead Treatment System for a Total Not-to-Exceed Amount of $185,000 Recommendation
It is recommended that the City Council authorize the City Manager to purchase carbon media from Calgon Carbon Corporation (Calgon) for a total not-to-exceed amount of $185,000 ($178,130 for the bid amount and $6,870 for contingency) for the Wilson Wellhead Treatment System.

11. Approve an Agreement with Empire Pipe Cleaning and Equipment Inc. for 2020 Sewer System Closed Circuit Television Inspection and Cleaning Project in an Amount Not-toExceed $502,920 Recommendation
It is recommended that the City Council:

1. Accept a bid dated May 14, 2020 from Empire Pipe Cleaning and Equipment Inc. for the 2020 Sewer System Closed Circuit Television (CCTV) Inspection and Cleaning Project (Project);

2. Authorize the City Manager to enter into an agreement with Empire Pipe Cleaning and Equipment Inc., for a bid amount of $457,200;

3. Authorized a construction contingency ten percent in the amount of $45,720 for a total amount of $502,920; and

4. Authorize a budget amendment to transfer $502,920 from the Sewer Fund reserve to Sewer Account No. 210-9000-9000-9010-000

12. Authorize the Professional Services Agreements with Three On-call Planning Firms to Assist with Major Project Review in the Amount not-to-exceed of $50,000 per Firm for a Total not-to-exceed Amount of $150,000 for All Three, Paid for by Project Applicants Recommendation
It is recommended that the City Council authorize the City Manager to execute the Professional Services Agreements (PSAs) with three on-call Planning Firms to assist with Major Project Review in the amount not-to-exceed of $50,000 per firm.

13. Approval of an Amendment to the Amended and Restated Agreement with Acorn Technology to Extend Term of Agreement for One Year for Information Technology Services
Recommendation
It is recommended that the City Council approve an Amendment to the Amended and Restated Agreement with Acorn Technology (Acorn) to extend the term of services for one additional year, through June 2021, for the maintenance and continuity of Information Technology (IT) Services. All other terms of the contract will remain the same, including hourly rates and notto-exceed total annual maximum amount of $185,200.

Regular Meeting Agenda South Pasadena City Council June 17, 2020 City of South Pasadena Page 5

14. Consideration of Rescinding Council Action Authorizing Professional Services Agreement with True North Research, Inc., for a Professional Poll Recommendation
The City Council requested this item be agendized to rescind its previous action to authorize the Professional Services Agreement (PSA) with True North Research, Inc. (True North) to design, conduct, and analyze a professional poll.

15. Approval of Protocols for Re-Opening and Maintaining a Safe and Healthy Workplace in Light of COVID-19
Recommendation
It is recommended that the City Council approve the Protocols for Re-Opening City Facilities to Non-Essential Employees and Maintaining a Safe and Healthy Workplace in Light of COVID-19 and authorizes the City Manager to amend said policies, protocols and guidelines as needed administratively moving forward.

PUBLIC HEARING

16. Public Hearing to Approve the Appropriation of Community Development Block Grant Funds-Coronavirus (CDBG-CV) to Prevent, Prepare, and Respond to the COVID-19 Pandemic
Recommendation
It is recommended that the City Council consider the CDBG-CV program options for the purposes of preventing, preparing and responding to the coronavirus and approve appropriation of $73,528.

Public Hearing Continued from June 10, 2020 City Council Meeting:

17. Designation of Rollin Craftsman Cluster Historic District (Project No. 2114-LHD) Recommendation
It is recommended that the City Council conduct a public hearing and adopt a Resolution taking the following actions:

1. Find that the properties in the Rollin Craftsman Cluster, including 1500, 1506, 1507, 1510, and 1512 Rollin Street, qualify under criteria (1), (4), (7), and (11) of the South Pasadena Municipal Code Section 2.63(b), for designation of a historic district; and

2. Designate the Rollin Craftsman Cluster Historic District / / / /

/ / / /
Regular Meeting Agenda South Pasadena City Council June 17, 2020 City of South Pasadena Page 6

ACTION/DISCUSSION ITEMS

18. Approval of the Fiscal Year 2020-21 Water Conservation Rebate Program in the Amount of $115,000
Recommendation
It is recommended that the City Council approve the Fiscal Year (FY) 2020-21 water conservation rebates and programs in the amount of $115,000 funded from the existing Water Efficiency Fund.

19. Al Fresco Dining and Retail Pilot Program to Temporarily Relax Temporary Use Permit, Encroachment Permit and Parking Requirements to Support Local Businesses Recommendation
It is recommended that the City Council receive and file information regarding the Al Fresco Dining and Retail Pilot Program to temporarily relax Temporary Use Permit (TUP), Encroachment Permit, and parking requirements authorized by the June 17, 2020 Local Emergency Declaration Resolution.

20. Adoption of a Resolution Continuing the Proclamation of a Local Emergency Due to the Outbreak of COVID-19; Amending Regulations for Private Facilities and Public Gatherings; Reinstating the Parking Pass Program; Approving the Temporary Relaxation of Temporary Use Permit; Encroachment Permit, and Parking Requirements for the Al Fresco Dining and Retail Program; and Authorizing the City Manager to Take All Necessary Actions as the Director of Emergency Services Recommendation
It is recommended that the City Council approve the attached resolution:

1. Continuing the proclamation of a local emergency due to the outbreak of COVID-19;

2. Amending regulations for private facilities and public gatherings;

3. Reinstating the Overnight Parking Pass Program effective July 6;

4. Approving the temporary relaxation of Temporary Use Permit, encroachment permit, and parking requirements for the Al Fresco Dining and Retail Pilot Program; and

5. Authorizing the City Manager to take all necessary actions as the Director of Emergency Services.

INFORMATIONAL REPORTS

21. Coronavirus Update
/ / / /
Regular Meeting Agenda South Pasadena City Council June 17, 2020 City of South Pasadena Page 7

ADJOURNMENT

FUTURE CITY COUNCIL MEETINGS
(OPEN SESSION)
July 1, 2020 Regular City Council Meeting Council Chamber 7:30 p.m.

July 15, 2020 Regular City Council Meeting Council Chamber 7:30 p.m.

PUBLIC ACCESS TO AGENDA DOCUMENTS AND BROADCASTING OF MEETINGS City Council Meeting agenda packets are available online at the City website:
https://www.southpasadenaca.gov/government/city-council-meetings/2019-council-meetingscopy Agenda related documents provided to the City Council are available for public inspection on the City’s website at https://www.southpasadenaca.gov/government/city-council-meetings/2019- council-meetings-copy. Additional Documents, when presented to City Council, will also be uploaded and available on the City’s website.

Regular meetings are broadcast live on Spectrum Channel 19 and AT&T Channel 99. Meetings are also streamed live via the internet at https://www.southpasadenaca.gov/government/citycouncil-meetings/2019-council-meetings-copy.

AGENDA NOTIFICATION SUBSCRIPTION
Individuals can be placed on an email notification list to receive forthcoming agendas by emailing [email protected] or calling the City Clerk’s Division at (626) 403-7230.

ACCOMMODATIONS
The City of South Pasadena wishes to make all of its public meetings accessible to the public. If special assistance is needed to participate in this meeting, please contact the City Clerk's Division at (626) 403-7230 or [email protected]. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities.

Notification at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II).

I declare under penalty of perjury that I posted this notice of agenda on the bulletin board in the courtyard of City Hall at 1414 Mission Street, South Pasadena, CA 91030, and on the City’s website as required by law.
6/11/2020 /s/
Date Maria E. Ayala
Chief City Clerk
City Council
Agenda Report

ITEM NO. ____
DATE: June 17, 2020
FROM: Stephanie DeWolfe, City Manager
PREPARED BY: Karen Aceves, Finance Director
SUBJECT: Approval of Prepaid Warrants in the Amount of $112,528.92; General City Warrants in the Amount of $495,300.18; General City Warrant Voids in the Amount of ($4,063.79); Supplemental ACH Payments in the Amount of $9,348.96.

Recommendation Action
It is recommended that the City Council approve the Warrants as presented.

Fiscal Impact
Prepaid Warrants:

Warrant # 310836-310869 $ 62,007.60
ACH $ 50,521.32
Voids $ 0
General City Warrants:

Warrant # 310870-310915 $ 370,185.84
ACH $ 125,114.34
Voids $ (4,063.79)
Wire Transfers (LAIF) $ 0
Wire Transfers (RSA) $ 0
Wire Transfers (Acct # 2413) $ 0
Wire Transfers (Acct # 1936) $ 0
Supplemental ACH Payment $ 9,348.96
RSA:

Prepaid Warrants $ 0
General City Warrants $ 0
__________________
Total $ 613,114.27
Commission Review and Recommendation
This matter was not reviewed by a Commission.
6 - 1
Approval of Warrants
June 17, 2020

Page 2 of 2 ends

Legal Review
The City Attorney has not reviewed this item.

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

Attachments:

1. Warrant Summary

2. Prepaid Warrant List

3. General City Warrant List

4. Supplemental ACH Payments

5. Voids
6 - 2
ATTACHMENT 1
Warrant Summary
6 - 3
City of South Pasadena
Demand/Warrant Register Date 06.17.2020
Recap by fund Fund No.

Prepaid Written
General Fund 101 49,973.38 254,674.00
Insurance Fund 103 - -
Street Improvement Program 104 - -
Facilities & Equip.Cap. Fund 105 - -
Local Transit Return "A" 205 - 2,918.83
Local Transit Return "C" 207 750.37 335.34
TEA/Metro 208 - -
Sewer Fund 210 - 13,267.44
CTC Traffic Improvement 211 - -
Street Lighting Fund 215 - 10,228.61
Public,Education & Govt Fund 217 - -
Clean Air Act Fund 218 - 30.00
Business Improvement Tax 220 - -
Gold Line Mitigation Fund 223 - -
Mission Meridian Public Garage 226 - -
Housing Authority Fund 228 - -
State Gas Tax 230 - 3,602.22
County Park Bond Fund 232 - 4,116.60
Measure R 233 - -
Measure M 236 - -
MSRC Grant Fund 238 - -
Measure W 239 - -
Measure H 241 - -
Prop C Exchange Fund 242 - -
Bike & Pedestrian Paths 245 - -
BTA Grants 248 - 6,678.00
Golden Street Grant 249 - -
Capital Growth Fund 255 - -
CDBG 260 - -
Asset Forfeiture 270 - -
Police Grants - State 272 - -
Homeland Security Grant 274 - -
Park Impact Fees 275 - -
HSIP Grant 277 - -
Arroyo Seco Golf Course 295 - -
Sewer Capital Projects Fund 310 - -
Water Fund 500 52,975.33 146,845.76
Water Efficinency Fund 503 - 122.38
2016 Water Revenue Bonds Fund 505 - -
Water & Sewer Impact Fee 510 - 52,481.00
Public Financing Authority 550 - -
Payroll Clearing Fund 700 8,829.84 -
-
Column Totals: 112,528.92 495,300.18
Recap by fund Fund No.

Prepaid Written
RSA 227 - -
RSA Report Totals: - -
City Report Totals: 607,829.10
Wire Transfer - LAIF -
Wire Transfer - RSA -
Wire Transfer - Acct # 2413 -
Wire Transfer - Acct # 1936 -
Supplemental ACH Payments 9,348.96
Voids - Prepaid -
Voids - General Warrant (4,063.79)
Grand Report Total: 613,114.27
Amounts
Robert Joe, Mayor
Evelyn G. Zneimer, City Clerk
Amounts
Karen Aceves, Finance Director
6 - 4
ATTACHMENT 2
Prepaid Warrant List

6 - 5
Accounts Payable
User:

Printed:
ealvarez
6/11/2020 10:06 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH LENC5270 Nancy Lee 06/04/2020
110621 Re-issue Payment of COVID-19 Refund for Class Cancellation 558.00 Total for this ACH Check for Vendor LENC5270: 558.00
310836 BTLR5270 Lauren Child 06/04/2020
110793 Re-issue Payment for Class Cancellation COVID-19 279.00 Total for Check Number 310836: 279.00
310837 HLPT4470 Patricia Holden 06/04/2020
10144702 Re-issue Payment of Temporary No Parking Signs 74.00 Total for Check Number 310837: 74.00
310838 DNLEON Diana Leone 06/04/2020
110723 Re-issue Payment of COVID-19 for Camp Med 330.00 Total for Check Number 310838: 330.00
310839 EWGZ5011 Eduardo Rodriguez 06/04/2020
0108 019 3298 Re-issue Payment COVID-19 Supplies 118.49 Total for Check Number 310839: 118.49
Total for 6/4/2020: 1,359.49
ACH AIR6010 Airgas USA LLC 06/11/2020
9971451860 Oxygen Cylinder Rental 229.80
Total for this ACH Check for Vendor AIR6010: 229.80
ACH CEAP7000 South Pasadena Part Time Employees Assn. 06/11/2020 April-May 2020 Union Dues 1,000.00
Total for this ACH Check for Vendor CEAP7000: 1,000.00
ACH JKJD5265 Judith Jacobs 06/11/2020
109232 COVID-19 Refund for Computer Classes 50.00
Total for this ACH Check for Vendor JKJD5265: 50.00
ACH MNBL8170 Munibilling 06/11/2020
10466 Water Billing Services: Absorption Charge 10,659.68 10509 Water Billing Services: Postage 1,430.79
10548 Water Billing Services: Postage 475.82
10572 Water Billing Services: Absorption Charge 90.00
10572 Water Billing Services 30,870.00
AP Checks by Date - Detail by Check Date (6/11/2020 10:06 AM) Page 1 6 - 6
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for this ACH Check for Vendor MNBL8170: 43,526.29 ACH PUWA8020 Pure Water 06/11/2020
202017826 Department Supplies - June 2020 87.39
Total for this ACH Check for Vendor PUWA8020: 87.39
ACH SOU5230 S.P.Firefighters L-3657 06/11/2020
April_May2020 Union Dues April & May 2020 4,600.00
April_May2020 Union Ins. April & May 2020 289.84
April_May2020 Union Rec Fees 180.00
Total for this ACH Check for Vendor SOU5230: 5,069.84
310840 ACTM3010 Accountemps 06/11/2020
55507820 Temporary Staffing for Financial Audit / Bank Recon. 2,626.00 55540457 Temporary Staffing for Financial Audit / Bank Recon. 2,626.00 55586145 Temporary Staffing for Financial Audit / Bank Recon. 2,626.00 Total for Check Number 310840: 7,878.00
310841 ADPLC818 ADP, LLC 06/11/2020
558434395 ADP Services Period Ending 05/12/2020 10,913.91 Total for Check Number 310841: 10,913.91
310842 ALH0181 Alhambra Hospital Med Ctr 06/11/2020
03-05-2020 Department Supplies - Medication & Saline 103.83 03-13-2020 Department Supplies - Medication & Saline 22.75 03-30-2020 Department Supplies - Medication & Saline 80.52 04-25-2020 Department Supplies - Medication & Saline 90.45 05-12-2020 Department Supplies - Medication & Saline 92.25 05-15-2020 Department Supplies - Medication & Saline 4.90 Total for Check Number 310842: 394.70
310843 ACMT2920 All City Management 06/11/2020
67776 Crossing Guard Services (03/08-03/21/2020) 3,852.36 Total for Check Number 310843: 3,852.36
310844 ALL0197 All Star Fire Equipment, Inc. 06/11/2020 222239 Name Plate for New Hires (Vazquez, Justin, Tobias) 131.40 222844 Name Plate for New Hires (Vazquez, Justin, Tobias) 203.84 Total for Check Number 310844: 335.24
310845 AMCC2984 American Civil Constructors West Coast LLC06/11/2020 122165 Water Meter Reimb. for 116 Marmion Way 2,311.27
Total for Check Number 310845: 2,311.27
310846 AT&T5006 AT & T U-Verse 06/11/2020
130464796 Acct# 130464796 (03/18-04/17/2020) 136.00
284743823 Acct# 28474823 (04/26-05/25/2020) 78.80
Total for Check Number 310846: 214.80
310847 AT&T5011 AT&T 06/11/2020
331 841-0756 Account # 331 841-0756 343 2 (05/07-06/06/2020) 33.21 331 841-0802 Account # 331 841-0802 343 6 (05/07-06/06/2020) 66.24 AP Checks by Date - Detail by Check Date (6/11/2020 10:06 AM) Page 2 6 - 7
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
626 405-0051 Account # 626 405-0051 017 5 (05/11-06/10/2020) 992.83 626 577-6657 Account # 626 577-6657 213 7 (05/13-06/12/2020) 22.88 Total for Check Number 310847: 1,115.16
310848 ATCN9011 AT&T 06/11/2020
000014644394 Account # 9391062308 (03/20-04/19/2020) 6,447.29 000014663358 Account # 9391036942 (03/27-04/26/2020) 328.40 000014663359 Account # 9391036943 (03/27-04/26/2020) 328.42 000014668263 Account # CLAPDSOPAS (03/27-04/26/2020) 317.56 Total for Check Number 310848: 7,421.67
310849 CIN4011 AT&T --Cingular Wireless 06/11/2020
287014917916x06 Police Mobile (Acct# 287014917916x05) 923.94 287269956155x05 Police (Acct# 287269956155x05) 674.07
287297964615x05 Public Safety (Acct# 287297984615x05) 323.22 Total for Check Number 310849: 1,921.23
310850 DBAR3011 Brinks Inc. (Formerly Dunbar Inc.) 06/11/2020 10974193 Transportation (01/01-01/31/2020) 940.28
10974193 Transportation (01/01-01/31/2020) 940.28
10974193 Transportation Excess Items (01/01-01/31/2020) 181.48 11013480 Transportation (02/01/2020-02/29/2020) 940.28
11013480 Transportation Excess Items (02/01/2020-02/29/2020) 181.48 11013480 Transportation (02/01/2020-02/29/2020) 940.28
2982051 Transportation (11/01-11/30/2019) 31.68
3036275 Transportation (12/01-12/31/2019) 36.28
3091432 Transportation (01/01-01/31/2020) 115.45
Total for Check Number 310850: 4,307.49
310851 CAL5236 CA Linen Services 06/11/2020
1762844 Fire Department Supplies (Linens) 101.01
1765182 Fire Department Supplies (Linens) 99.94
1767906 Fire Department Supplies (Linens) 97.38
1770358 Fire Department Supplies (Linens) 97.04
Total for Check Number 310851: 395.37
310852 CRDA1021 Corodata Records Management 06/11/2020
RS4575596 City-wide Records Management Services (February 2020) 461.55 RS4591904 City-wide Records Management Services April 2020 348.23 Total for Check Number 310852: 809.78
310853 CRSR2010 Corodata Shredding Inc. 06/11/2020
DN 1267757 City-wide Shredding Services 87.87
Total for Check Number 310853: 87.87
310854 EMPI5011 Empire Cleaning Supply 06/11/2020
1166178 FD Supplies (Towels, Tissue Paper, Paper) 410.28 Total for Check Number 310854: 410.28
310855 EXSF8020 Extreme Safety 06/11/2020
000094210 Employee Fit Test & Travel Fee (Fire Dept.) 135.00 Total for Check Number 310855: 135.00
AP Checks by Date - Detail by Check Date (6/11/2020 10:06 AM) Page 3 6 - 8
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
310856 GALL5011 Galls, LLC 06/11/2020
015162006 Uniform Short Sleeve Shirts & Emboridery for J. Tobias 475.27 Total for Check Number 310856: 475.27
310857 HHA5011 H & H Wholesale Parts 06/11/2020
1IN0335160 Diesel Exhuast Fluid, Battery, and Brake Part 297.69 Total for Check Number 310857: 297.69
310858 HATC8025 Halls Auto Tech Center 06/11/2020
10806 Comm Svcs. Tranist Division 45 Day Inspection 70.00 10810 Comm Svcs. Tranist Division Replacement of 3 Idler Pulleys 350.74 10825 Comm Svcs. Tranist Division Tire Replacement Dial-a-Ride 258.29 10858 Oil Change for Prius # 103 33.33
Total for Check Number 310858: 712.36
310859 IIMC307 Int'l Institute of Mun. Clerks 06/11/2020 26088 Maria Ayala Municipal Clerks Membership ID #26088 235.00 41287 Kenia Lopez Municipal Clerks Membership ID #41287 135.00 Total for Check Number 310859: 370.00
310860 JCRS5011 Jones Coffee Roasters 06/11/2020
47670 Fire Department Supplies 139.05
Total for Check Number 310860: 139.05
310861 LIFE822 Life-Assist Inc. 06/11/2020
982235 Emergency Medical Supplies (HEPA Filter) 14.23
983475 Emergency Medical Supplies (Bandages, Eyecare) 209.91 983537 Emergency Medical Supplies (HEPA Filter) 131.84
Total for Check Number 310861: 355.98
310862 SOU5451 S.P.Public Srvc Empl. Ass'n 06/11/2020
April-May 2020 Union Dues April & May 2020 2,760.00
Total for Check Number 310862: 2,760.00
310863 SCOT8300 So Cal Office Technologies 06/11/2020
IN1450925 Citywide Copier Charges (Account # CO7:2 1L 124-002-S) 4,021.34 Total for Check Number 310863: 4,021.34
310864 TIM4011 Time Warner Cable 06/11/2020
0269985041720 Account # 8448 30 008 0269985 (04/17-05/16/2020) 176.26 0311704051120 Account # 8448 30 008 0311704 (05/11-06/10/2020) 1,223.00 0345504042120 Account # 8448 30 008 0345504 (04/21-05/20/2020) 360.00 12005050120 Account # 8448 30 008 0012005 (04/29-05/26/2020) 16.82 29763042720 Account # 8448 20 899 0029763 (05/01-05/31-2020) 257.35 355990050220 Account # 8448 30 008 0355990 (05/02-06/01/2020) 407.20 70193050120 Account # 8448 30 008 0070193 (05/01-05/31-2020) 78.95 Total for Check Number 310864: 2,519.58
310865 TOM4455 Tom's Clothing & Uniforms Inc 06/11/2020 16036 Uniform for New Hire Vazquez 21.90
Total for Check Number 310865: 21.90
AP Checks by Date - Detail by Check Date (6/11/2020 10:06 AM) Page 4 6 - 9
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
310866 URTL6711 United Rentals 06/11/2020
175677018-002 Rental of Tank for GAC Replacement 1,694.84 175677018-003 Rental of Tank for GAC Replacement 1,691.84 175677018-004 Rental of Tank for GAC Replacement 1,103.33 Total for Check Number 310866: 4,490.01
310867 VEBU3010 MCI Comm Service Verizon Business Svcs 06/11/2020 71436406 Verizon Account # SV193519 Conferencing Line 24.26 Total for Check Number 310867: 24.26
310868 VERW6711 Verizon Wireless 06/11/2020
9853385902 FD Devices (Account # 270619951-00002) 456.12 9853385902 FD Devices (Account # 270619951-00002) 38.01 9853385903 FD Devices (Account # 270619951-00004) 497.64 Total for Check Number 310868: 991.77
310869 XRXF5010 Xerox Financial Svcs 06/11/2020
2055584 Citywide Copier (04/10-05/09/2020) Contract 010-0061587-001 1,522.77 Total for Check Number 310869: 1,522.77
Total for 6/11/2020: 111,169.43
Report Total (41 checks): 112,528.92
AP Checks by Date - Detail by Check Date (6/11/2020 10:06 AM) Page 5 6 - 10
ATTACHMENT 3
General City Warrant List
6 - 11
Accounts Payable
User:

Printed:
ealvarez
6/11/2020 1:39 PM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH ATGC8530 Acorn Technology Services 06/17/2020
2180 CO # 212 150.00
2181 CO # 177/189 65.00
2184 CO # 220 30.00
2185 CO # 233 1,290.00
2186 CO # 229 1,275.00
2187 CO # 211 60.00
2188 CO # 205 110.00
2189 CO # 210 62.50
2190 CO # 230 25.00
2191 CO # 231 25.00
2192 CO # 232 705.00
2193 CO # 217 180.00
2194 CO # 214 30.00
2196 CO # 227 298.75
2197 CO # 234 202.50
2197 (Adjustment) -393.75
2198 Sales Tax 6.15
2198 General - City (Tix/Chrgs Summ) 12,985.00
2198 Managed IT Server Monitoring 237.50
2198 CO # 234 60.00
2198 Managed IT Computer Monitoring 525.00
53494 IT Analyst Onsite Hours 492.50
Total for this ACH Check for Vendor ATGC8530: 18,421.15 ACH BFWB4011 Badge Frame, Inc. 06/17/2020
459186 Printed & Laminated Name Plate for Crpl. Dubois 10.78 Total for this ACH Check for Vendor BFWB4011: 10.78
ACH CHWP2010 Colantuono,Highsmith & Whatley,PC 06/17/2020 42205 General Services 5,449.00
42205 COVID-19 4,551.00
42206 Case 2 10,988.25
42207 Labor & Employement 1,638.50
42208 Misc. Litigation 2,860.50
42209 Special Projects 17,750.25
42210 Tax & Assesment 603.50
42211 Gardena V. RWQCB 253.50
42212 Water & Utilities 318.50
Total for this ACH Check for Vendor CHWP2010: 44,413.00 ACH DDLP8010 Dr. Detail Ph.D 06/17/2020
2112 Santize 16 Police Vehicles (COVID-19) 400.00
2117 Santize 12 Police Vehicles (COVID-19) 300.00
Total for this ACH Check for Vendor DDLP8010: 700.00
AP Checks by Date - Detail by Check Date (6/11/2020 1:39 PM) Page 1 6 - 12
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH EURO6710 Eurofins Eaton Analytical 06/17/2020
C0002866 Water Quality Laboratory Testing Services March 2020 3,102.00 C0002912 Water Quality Laboratory Testing Services April 2020 3,359.00 Total for this ACH Check for Vendor EURO6710: 6,461.00
ACH GPPT9090 Gopher Patrol 06/17/2020
398048 Gopher Patrol / Abatement 125.00
398048 Gopher Patrol / Abatement 125.00
407640 Gopher Patrol / Abatement 95.00
Total for this ACH Check for Vendor GPPT9090: 345.00
ACH INCG6011 Interwest Consulting Group 06/17/2020
58289 Community Services - Prof. Services Project Mgmt. 9,480.00 59152 Community Services - Prof. Services Project Mgmt. 5,280.00 60148 Community Services - Prof. Services Project Mgmt. 9,840.00 Total for this ACH Check for Vendor INCG6011: 24,600.00 ACH LDCR6410 LandCare USA LLC 06/17/2020
305500 Landscape Maint. for City April 2020 3,682.69
305500 Landscape Maint. for City April 2020 17,099.06
305500 Landscape Maint. for City April 2020 1,468.43
305500 Landscape Maint. for City April 2020 396.60
Total for this ACH Check for Vendor LDCR6410: 22,646.78 ACH OFF4011 Office Solutions 06/17/2020
I-01748584 Nitrile Poweder Free Gloves 64.94
I-01756440 Police Department Ink Toners (Cyan, Black, Magenta) 103.69 Total for this ACH Check for Vendor OFF4011: 168.63
ACH RMGCM201 RMG Communications 06/17/2020
1079 On Call Consultant PIO April 2020 Final Payment 2,125.00 Total for this ACH Check for Vendor RMGCM201: 2,125.00
ACH WES4152 West Coast Arborists, Inc. 06/17/2020
159808 Street Tree Maint. April 2020 3,230.00
159808 Street Tree Maint. Annual Tree Planting April 2020 305.00 160279 Street Tree Maint. (05/01-05/15/2020) 1,688.00
Total for this ACH Check for Vendor WES4152: 5,223.00
310870 245ZNE 245 ZNE LLC 06/17/2020
245 Fair Oaks Refund Public Works Deposit - 245 Fair Oaks Development Project 1,164.00 245 Fair Oaks Refund Public Works Deposit - 245 Fair Oaks Development Project 28,928.00 245 Fair Oaks Refund Public Works Deposit - 245 Fair Oaks Development Project 52,481.00 245 Fair Oaks Refund Public Works Deposit - 245 Fair Oaks Development Project 378.00 Total for Check Number 310870: 82,951.00
310871 ALH0181 Alhambra Hospital Med Ctr 06/17/2020

03.25.2020 Fire Dept. Medication & Daily Saline Supplies 651.01 Total for Check Number 310871: 651.01
310872 ALL0197 All Star Fire Equipment, Inc. 06/17/2020 222218 Firefighting Turnout Clothing & Gear for J Nugent 1,542.40 223676 Large Fire Shelter for Practice Trainings (Multi-City) 1,248.30 AP Checks by Date - Detail by Check Date (6/11/2020 1:39 PM) Page 2 6 - 13
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 310872: 2,790.70
310873 ATH0292 Athens Services 06/17/2020
8362657 Bus Stop Barrel Pickup April 2020 2,148.83
Total for Check Number 310873: 2,148.83
310874 ATSS6010 Athens Services 06/17/2020
8362656 Athens Services Mission / Meridian Garage Sweeping FY19-20 750.00 Total for Check Number 310874: 750.00
310875 BSHL6710 dba Jan Point Base Hill, Inc. 06/17/2020 18225 CityWide Janitorial Services (Day Porter) February 2020 910.00 18225 CityWide Janitorial Services (Day Porter) February 2020 10,294.04 18225 CityWide Janitorial Services (Day Porter) February 2020 1,240.00 18301 CityWide Janitorial Services (Day Porter) March 2020 1,240.00 18301 CityWide Janitorial Services (Day Porter) March 2020 10,294.04 18301 CityWide Janitorial Services (Day Porter) March 2020 910.00 18341 CityWide Janitorial Services (Day Porter) April 2020 910.00 18341 CityWide Janitorial Services (Day Porter) April 2020 1,240.00 18341 CityWide Janitorial Services (Day Porter) April 2020 10,294.04 Total for Check Number 310875: 37,332.12
310876 WDFD6116 Bob Wondries Ford 06/17/2020
601643 Repairs to Unit # 1406 (Replace R/S & TPMS Sensor) 529.17 601646 Repairs to Vehicle # 1404 Spark Plugs 379.28
603320 Repairs to Vehicle # 1406 (Battery) 150.83
603375 Repairs to Vehicle # 198 (Disk Brakes & Pads) 265.29 Total for Check Number 310876: 1,324.57
310877 DEP5072 CA Dept of Transportation 06/17/2020
SL200641 Shared Cost Signal & Lighting Jan-Mar. 2020 w/ Caltrans 1,020.42 Total for Check Number 310877: 1,020.42
310878 CAL5236 CA Linen Services 06/17/2020
1779569 Fire Dept. Linen Services 96.57
1780745 Fire Dept. Linen Services 100.33
Total for Check Number 310878: 196.90
310879 CALG6711 CalgonCarbon 06/17/2020
90101534 Purchase 80,000 Lbs. of Virgin Granular Carbon (GAC) 136,113.00 Total for Check Number 310879: 136,113.00
310880 CAL8012 Califa Group 06/17/2020
3423 CENIC Broadband January - March 2020 4,341.06
Total for Check Number 310880: 4,341.06
310881 CAT0700 Catering Systems Inc. 06/17/2020
5561 Senior Meal Program 05/18-05/22/2020 3,321.00
Total for Check Number 310881: 3,321.00
310882 CDPS1020 Code Publishing Inc. 06/17/2020
66543 Municipal Code Web Updates (Ordin. 2333-2344) 1,383.35 AP Checks by Date - Detail by Check Date (6/11/2020 1:39 PM) Page 3 6 - 14
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 310882: 1,383.35
310883 CMME4011 Commline Inc. 06/17/2020
0207239-IN Batteries for Two Way Radios (Transit Staff) 206.22 Total for Check Number 310883: 206.22
310884 CNCM8180 Cornerstone Communications 06/17/2020
12892 Peace Officer Recordings and Video: Assembly Bill 748 24,000.00 Total for Check Number 310884: 24,000.00
310885 DSP0755 D & S Printing 06/17/2020
8720 Public Works Envelopes 294.56
Total for Check Number 310885: 294.56
310886 DBEL5010 DB Electronics 06/17/2020
1223 Labor & Installation of 4 APX Mobile Radio in Vehicles E781 & RA 2,150.00 Total for Check Number 310886: 2,150.00
310887 EEDT3010 Employment Development Dept. 06/17/2020 944-0884-6 Employer Share of Unemployment Insurance Acct # 944-0884-6 7,783.00 944-0884-6 Employer Share of Unemployment Insurance Acct # 944-0884-6 96.00 944-0884-6 Employer Share of Unemployment Insurance Acct # 944-0884-6 6,620.00 944-0884-6 Employer Share of Unemployment Insurance Acct # 944-0884-6 7,613.00 944-0884-6 Employer Share of Unemployment Insurance Acct # 944-0884-6 1,055.00 944-0884-6 Employer Share of Unemployment Insurance Acct # 944-0884-6 353.00 Total for Check Number 310887: 23,520.00
310888 ENT5426 Entenmann-Rovin 06/17/2020
0150624-IN PD Flat Badges & Uniform Badges 955.26
Total for Check Number 310888: 955.26
310889 EWEM6010 Ewing Irrigation El Monte 06/17/2020
11627345 Landscape & Irrigation Supplies for Fair Oaks Ave. Median Renova 122.38 Total for Check Number 310889: 122.38
310890 FED1109 FedEx 06/17/2020
7-006-10724 Postage of Sending FD Radio for Repair 17.87 Total for Check Number 310890: 17.87
310891 FHCM5011 Foothill Communications 06/17/2020
1118 Police Dept. Qtrly. Billing for Maint. of Communication Equipmen 3,000.00 Total for Check Number 310891: 3,000.00
310892 GRA1244 Graffitti Control Systems 06/17/2020
SPAS0120 Citywide Graffiti Removal 245.00
SPAS0220 Citywide Graffiti Removal 49.00
Total for Check Number 310892: 294.00
310893 HHA5011 H & H Wholesale Parts 06/17/2020
1IN0345173 Vehicle Maint. - Oil Obsorbant 47.63
AP Checks by Date - Detail by Check Date (6/11/2020 1:39 PM) Page 4 6 - 15
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 310893: 47.63
310894 HAA5569 Haaker Equipment Company 06/17/2020
W60900 Maint on Vector Truck 642.04
W61058 Maint on Vector Truck 279.40
Total for Check Number 310894: 921.44
310895 IA2 IACP 06/17/2020
JOrtiz Police Chief Joe Ortiz Membership Dues 190.00
Total for Check Number 310895: 190.00
310896 JCRS5011 Jones Coffee Roasters 06/17/2020
47831 Fire Department Supplies 139.05
Total for Check Number 310896: 139.05
310897 LTAP5500 L.A.C. M. T. A. 06/17/2020
105707 Metro Tap Cards for Senior Center Patrons 20.00
Total for Check Number 310897: 20.00
310898 LIFE822 Life-Assist Inc. 06/17/2020
1000628 Emergency Medical Supplies (COVID-19) 467.26
1000882 Emergency Medical Supplies (Gloves) COVID-19 191.84 1002121 COVID-19 Supplies (Nitrile Exam Gloves) 575.51
1003916 Emergency Medical Supplies (Gloves L & XL) COVID-19 383.85 1004059 COVID-19 Emergency Medical Supplies 1,928.25
Total for Check Number 310898: 3,546.71
310899 LRCR2920 Crispina Lures 06/17/2020
110989 COVID-19 Refund for War Memorial Buidling Reservation 500.00 Total for Check Number 310899: 500.00
310900 MORA5270 Alejandra Moreno 06/17/2020
110970 COVID-19 Refund of Garfield Park Gazebo Rental 120.00 Total for Check Number 310900: 120.00
310901 DMMS5270 Damion Moses 06/17/2020
110971 COVID-19 Refund for Garfield Park Gazebo Rental 120.00 Total for Check Number 310901: 120.00
310902 OREI6711 O' Reilly Automotive Inc. 06/17/2020
3213-169422 Emergency Purchase of Battery for Vehicle # 75 129.12 Total for Check Number 310902: 129.12
310903 OLNP8010 Outlook Newspaper 06/17/2020
69174 Legal Notice - CCTV Sewer Project 97.50
69348 Legal Notice - LLMD 82.50
Total for Check Number 310903: 180.00
310904 PHS4011 Pasadena Humane Society 06/17/2020
APR2020SoPas Animal Control Services April 2020 9,778.50 AP Checks by Date - Detail by Check Date (6/11/2020 1:39 PM) Page 5 6 - 16
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 310904: 9,778.50
310905 REF6601 Refrigeration Supplies Distrib 06/17/2020 1522893-00 Air Conditioning Maint. Supplies 124.32
Total for Check Number 310905: 124.32
310906 TSSG2920 Tsega Selassie 06/17/2020
110990 COVID-19 Refund of WMB Reservation 500.00
Total for Check Number 310906: 500.00
310907 SOUT8020 South Coast A.Q.M.D. 06/17/2020
3637207 Annual AQMD Fee July 2019 - June 2020 137.63
Total for Check Number 310907: 137.63
310908 STA5219 Staples Business Advantage 06/17/2020
3440259260 PD Office Supplies 128.65
3440259261 PD Office Supplies 65.68
3440427488 PD Office Supplies 77.91
Total for Check Number 310908: 272.24
310909 TOM4455 Tom's Clothing & Uniforms Inc 06/17/2020 10942 Replacement of Web Name Tape on Uniform Jacket 9.86 Total for Check Number 310909: 9.86
310910 UPP7789 Upper S.G.Mun. Water Dist. 06/17/2020
02/02-20 Water Connection Fees February 2020 73.33
Total for Check Number 310910: 73.33
310911 VPSI407 Valley Power Systems Inc. 06/17/2020
I33899 Repair Leaking Air Compressor in Fire Vehicle E-81 1,655.04 Total for Check Number 310911: 1,655.04
310912 VUL6601 Vulcan Materials Co. & Affiliates 06/17/2020 72520673 Purchase of Asphalt, Emulstion, Concrete, and Crushed Agg 519.26 72520674 Cold Mix Concrete stockpile for Storage Yard 1,807.96 Total for Check Number 310912: 2,327.22
310913 WIL2010 Willdan Engineering 06/17/2020
00415653 On-Call Construction Management CNG Project 12,346.00 00415862 On-Call Construction Management 2,038.00
00415943 On-Call Construction Management 4,640.00
Total for Check Number 310913: 19,024.00
310914 ZMKL2920 Kelly Zamora 06/17/2020
110991 COVID-19 Refund of WMB Reservation 500.00
Total for Check Number 310914: 500.00
310915 ZOLL8021 Zoll Medical Copr. GPO 06/17/2020
3069034 CPR Stat-Padz for Electrode Defibrilator 985.50 Total for Check Number 310915: 985.50
AP Checks by Date - Detail by Check Date (6/11/2020 1:39 PM) Page 6 6 - 17
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for 6/17/2020: 495,300.18
Report Total (57 checks): 495,300.18
AP Checks by Date - Detail by Check Date (6/11/2020 1:39 PM) Page 7 6 - 18
ATTACHMENT 4
Supplemental ACH
Payments
6 - 19
Date Vendor Amount Description
6/5/2020 South Pasadena Police Officers Association $9,348.96 April & May 2020 Union Dues Total: $9,348.96
ACH Payment Log
6 - 20
ATTACHMENT 5
Prepaid & General Warrant Voids
6 - 21
Accounts Payable
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User:

Void Check Proof List
Account Number Amount Invoice No Inv Date Description Reference Task Label Type PONumber Close PO? Line Item Vendor: EWGZ5011 Eduardo Rodriguez
Check No: 310557 Check Date: 05/06/2020
118.49 0108 019 3298 04/14/2020 Power Supply for Work at Home COVID-19 No 0 101-5010-5012-8020-000
Check Total: 118.49
Vendor Total: 118.49
Report Total: 118.49
AP-Void Check Proof List (6/4/2020 - 12:51 PM) Page 1
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Accounts Payable
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Void Check Distribution List
DR Amount CR Amount Acct Number Description Vendor
Section 1:101General Fund
118.49 0.00 101-0000-0000-1000-000 Cash & Cash Equivalents

0.00 118.49 101-5010-5012-8020-000 Special Departmental Expense EWGZ5011 Total for Section 1:101 118.49 118.49
Grand Total: 118.49 118.49
AP-Void Check Distribution List (6/4/2020 - 12:52 PM) Page 1 6 - 23
Stop Payment Request - Confirmation
Stop Payments Submitted
Total submitted: 1
View Status Definitions
Account Duration Check Range Issue Date Payee Amount Reason 041533688.CITY OF SOUTH PASADENA OPERATING 6 Months 310557 Eduardo Rodriguez 118.49 Lost Disclosure Information
Important Disclosure: Stop payment requests submitted on the WebDirect Stop Payment Initiation screen apply ONLY to paper checks and not electronic payments. The exact check number and exact amount of the item written are required information. If any of the information you provide concerning the check is not provided or is incorrect (including your failure to give the exact amount of the item, correct to the penny), the stop payment will not be effective. This stop payment will not be effective if the Bank has already paid or committed to paying the check. If you have any questions, please refer to the WebDirect User Guide or contact Cash Management Customer Service at 800-400-2781 or your assigned representative.
6 - 24
Accounts Payable
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Void Check Proof List
Account Number Amount Invoice No Inv Date Description Reference Task Label Type PONumber Close PO? Line Item Vendor: DNLEON Diana Leone
Check No: 0 Check Date: 05/06/2020
330.00 110723 04/14/2020 COVID-19 Refund of Camp Med No 0 101-0000-0000-5270-001
Check Total: 330.00
Vendor Total: 330.00
Vendor: LENC5270 Nancy Lee
Check No: 0 Check Date: 05/06/2020
558.00 110621 04/03/2020 COVID-19 Refund for Cancelled Class No 0 101-0000-0000-5270-002
Check Total: 558.00
Vendor Total: 558.00
Report Total: 888.00
AP-Void Check Proof List (6/4/2020 - 1:49 PM) Page 1
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Accounts Payable
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DR Amount CR Amount Acct Number Description Vendor
Section 1:101General Fund
888.00 0.00 101-0000-0000-2100-000 Accounts Payable

0.00 330.00 101-0000-0000-5270-001 Camp Med Fees DNLEON

0.00 558.00 101-0000-0000-5270-002 Recreation Classes LENC5270 Total for Section 1:101 888.00 888.00
Grand Total: 888.00 888.00
AP-Void Check Distribution List (6/4/2020 - 1:49 PM) Page 1 6 - 26
Accounts Payable
ealvarez
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Void Check Proof List
Account Number Amount Invoice No Inv Date Description Reference Task Label Type PONumber Close PO? Line Item Vendor: BTLR5270 Lauren Batista
Check No: 310644 Check Date: 05/20/2020
279.00 110793 04/20/2020 COVID-19 Refund due to Class Cancellation No 0 101-0000-0000-5270-002
Check Total: 279.00
Vendor Total: 279.00
Report Total: 279.00
AP-Void Check Proof List (6/4/2020 - 2:04 PM) Page 1
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Accounts Payable
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Void Check Distribution List
DR Amount CR Amount Acct Number Description Vendor
Section 1:101General Fund
279.00 0.00 101-0000-0000-1000-000 Cash & Cash Equivalents

0.00 279.00 101-0000-0000-5270-002 Recreation Classes BTLR5270 Total for Section 1:101 279.00 279.00
Grand Total: 279.00 279.00
AP-Void Check Distribution List (6/4/2020 - 2:05 PM) Page 1 6 - 28
Accounts Payable
6/11/2020 - 1:59 PM
ealvarez
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DR Amount CR Amount Acct Number Description Vendor
Section 1:207Local Transit Return "C"
2,778.30 0.00 207-0000-0000-1000-000 Cash & Cash Equivalents

0.00 2,778.30 207-8030-8025-8180-000 Contract Services RMSF8025 Total for Section 1:207 2,778.30 2,778.30
Grand Total: 2,778.30 2,778.30
AP-Void Check Distribution List (6/11/2020 - 1:59 PM) Page 1 6 - 29
Accounts Payable
ealvarez
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User:

Void Check Proof List
Account Number Amount Invoice No Inv Date Description Reference Task Label Type PONumber Close PO? Line Item Vendor: RMSF8025 Routematch
Check No: 310736 Check Date: 05/20/2020
2,778.30 43073 04/02/2020 Annual Hosting Fee - 2 User (5 Years) No 0 207-8030-8025-8180-000
Check Total: 2,778.30
Vendor Total: 2,778.30
Report Total: 2,778.30
AP-Void Check Proof List (6/11/2020 - 1:59 PM) Page 1
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City Council
Agenda Report

ITEM NO. ____
DATE: June 17, 2020
FROM: Stephanie DeWolfe, City Manager
PREPARED BY: Maria E. Ayala, Chief City Clerk
SUBJECT: Approval of Updated 2020 City Council Meeting Schedule Recommendation
It is recommended that the City Council approve the Updated City Council meeting schedule for the 2020 calendar year adding the August 5, 2020 City Council Meeting.

Discussion/Analysis
Pursuant to South Pasadena Municipal Code, Chapter 2, Article I, Section 2.1 the City Council meetings are held on the first and third Wednesdays of each month. Closed Session begins at 6:30 p.m. and Open Session begins at 7:30 p.m. Adopting a meeting schedule will give the City Council, staff, and the community the ability to plan their schedules accordingly for the upcoming calendar year. The City Council maintains the ability to adjust, cancel, and/or add other meetings as deemed appropriate.

On December 4, 2019 City Council approved the 2020 City Council Meeting Schedule. There were three meeting cancellations on that schedule, one of which was August 5, 2020. This meeting was cancelled from previous direction of City Council to cancel the first meeting in August – unless there is a special need to conduct City business.

There now exists a need to hold the August 5, 2020 City Council meeting and conduct City business. This is the last meeting date for City Council to consider action to add ballot measures for the November 3, 2020 General Municipal Election. Other City business items will be agendized as this will be a Regular City Council Meeting.

Legal Review
The City Attorney has not reviewed this item.

Fiscal Impact
There is no fiscal impact associated with this item.

Environmental Analysis
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(a) as it has no 7 - 1
Updated 2020 City Council Meeting Schedule
June 17, 2020

Page 2 of 2 ends

potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Attachments:

1. Proposed Updated 2020 City Council Meeting Schedule
7 - 2
ATTACHMENT 1
Proposed Updated 2020 City Council
Meeting Schedule
7 - 3

CITY OF SOUTH PASADENA
UPDATED 2020 CITY COUNCIL MEETING SCHEDULE
(Council Approved on 6/17/2020)
City Council
Meeting Date Notes
January 1, 2020 CANCELLED Due to New Year’s Day Holiday January 15, 2020
February 5, 2020
February 19, 2020
March 4, 2020
March 18, 2020
April 1, 2020 CANCELLED Due to South Pasadena Unified School District’s Spring Break
April 15, 2020
May 6, 2020
May 20, 2020
June 3, 2020
June 17, 2020
July 1, 2020
July 15, 2020
August 5, 2020*
August 19, 2020
September 2, 2020
September 16, 2020
October 7, 2020
October 21, 2020
November 4, 2020
November 18, 2020
December 2, 2020
December 16, 2020
*This meeting was originally cancelled but will now be held as a regular City Council Meeting.
7 - 4
City Council
Agenda Report

ITEM NO. ____
DATE: June 17, 2020
FROM: Stephanie DeWolfe, City Manager
PREPARED BY: Karen Aceves, Finance Director
Albert Trinh, Finance Manager

SUBJECT: Monthly Investment Reports for April 2020
Recommendation Action
It is recommended that the City Council receive and file the monthly investment reports for April 2020.

Commission Review and Recommendation
This matter was not reviewed by a commission.

Discussion/Analysis
The City’s investments have shown some modest gains from prior month. The investments in the Local Agency Investment Fund (LAIF) earned a quarterly interest of $109k. The market value of the investments held at Morgan Stanley increased by $106k from prior month.

While the City plans ahead and prepares for the potential economic downturn, the investments are held in a strategic manner where significant money is held in LAIF. The liquidity with LAIF is one business day-- this allows the City to access funds as needed.

Background
As required by law, a monthly investment report, including water bond funds, is presented to the City Council disclosing investment activities, types of investments, dates of maturities, amounts of deposits, rates of interest, and securities with a maturity of more than 12 months at current market values.

The reports reflect all investments at the above-referenced date and are in conformity with the City Investment Policy as stated in Resolution No. 7635. A copy of the Resolution is available at the City Clerk’s Office.

Legal Review
The City Attorney has not reviewed this item.

Fiscal Impact
The investments herein provide sufficient cash flow liquidity to meet the estimated expenditures, 8 - 1
Monthly Investment Reports for April 2020

Page 2 of 2 ends

as required in the investment policy.

Attachments: City Investment Reports for April 2020
8 - 2
ATTACHMENT 1
City Investment Reports for April 2020
8 - 3

YIELD TO PERCENT CURRENT

INSTITUTION MATURITY CALL OR OF MARKET
NAME DATE MATURITY PORTFOLIO COST VALUE *
LOCAL AGENCY INVESTMENT FUND:

LAIF City ON DEMAND 1.648% 52.18% 18,543,271.56 18,543,271.56 SUBTOTAL 52.18% 18,543,271.56 18,543,271.56

MORGAN STANLEY SMITH BARNEY
Government Securities See Exhibit B-1 0.95% 33.90% 12,046,077.23 12,478,455.95 Corporate Bonds See Exhibit B-1 4.55% 13.93% 4,948,673.58 5,059,433.28 SUBTOTAL 47.82% 16,994,750.81 17,537,889.23
TOTAL INVESTMENTS 100.00% $35,538,022.37 $36,081,160.79 BANK ACCOUNTS:

Bank of the West Account Balance: $6,688,116.65
Morgan Stanley Uninvested Cash Balance: $159,234.84
Morgan Stanley Unsettled Transactions -
BNY Mellon Uninvested Cash Balance 158,269.15
Required Disclosures:

Average weighted maturity of the portfolio 464 DAYS
Average weighted total yield to maturity of the portfolio 1.813% The City's investment liquidity is sufficient for it to meet its expenditure requirements for the next 180 days. * Current market valuation is required for investments with maturities of more than twelve months.

Investment Balances at Month End
April 30, 2020
Exhibit A
City of South Pasadena

INVESTMENT REPORT
All investments are in conformity with the City Investment Policy. 8 - 4
30-Apr-20 Exhibit B-1
Funds and Investments
Held by Contracted (Third) Parties
Morgan Stanley InvestmentsInvestment Issuer CUSIP Par Value Adjusted Adjusted Market Value Current Unrealized Type Premium Cost YTM Gain/Loss
1 Gov't. Securities U.S. Treasury Note 912828B90 736,000.00 100.148 737,092.91 747,268.16 1.080% 10,175.252 Gov't. Securities U.S. Treasury Note 912828B90 26,000.00 100.297 26,077.26 26,398.06 1.080% 320.803 Gov't. Securities U.S. Treasury Note 9128287F1 427,000.00 100.144 427,615.55 435,441.79 0.993% 7,826.244 Gov't. Securities U.S. Treasury Note 9128287F1 599,000.00 100.253 600,512.55 610,842.23 0.993% 10,329.685 Gov't. Securities U.S. Treasury Note 912828F96 494,000.00 100.120 494,591.85 507,219.44 0.956% 12,627.596 Gov't. Securities U.S. Treasury Note 912828F96 437,000.00 100.590 439,576.13 448,694.12 0.956% 9,117.997 Gov't. Securities U.S. Treasury Note 912828YZ7 258,000.00 100.076 258,197.04 264,106.86 0.921% 5,909.828 Gov't. Securities U.S. Treasury Note 912828YZ7 259,000.00 100.295 259,764.06 265,130.53 0.921% 5,366.479 Gov't. Securities U.S. Treasury Note 9128287C8 426,000.00 100.361 427,535.85 440,445.66 0.893% 12,909.81 10 Gov't. Securities U.S. Treasury Note 9128287C8 426,000.00 100.436 427,856.85 440,445.66 0.893% 12,588.8111 Gov't. Securities U.S. Treasury Note 9128287C8 33,000.00 100.553 33,182.33 34,119.03 0.893% 936.7012 Gov't. Securities U.S. Treasury Note 912828P38 423,000.00 99.723 421,827.02 440,533.35 0.883% 18,706.3313 Gov't. Securities U.S. Treasury Note 912828P38 2,000.00 100.706 2,014.11 2,082.90 0.883% 68.7914 Gov't. Securities U.S. Treasury Note 912828P38 383,000.00 100.599 385,295.65 398,875.35 0.883% 13,579.7015 Gov't. Securities U.S. Treasury Note 912828S35 434,000.00 96.477 418,708.44 449,359.26 0.893% 30,650.8216 Gov't. Securities U.S. Treasury Note 9128285P1 730,000.00 104.038 759,476.77 797,240.30 0.910% 37,763.5317 Gov't. Securities U.S. Treasury Note 912828W71 719,000.00 99.168 713,017.92 769,948.34 0.911% 56,930.4218 Gov't. Securities U.S. Treasury Note 912828X70 1,010,000.00 101.025 1,020,353.85 1,077,861.90 0.916% 57,508.0519 Gov't. Securities U.S. Treasury Note 912828ZF0 529,000.00 100.684 532,620.91 532,904.02 0.500% 283.1120 Gov't. Securities Fed. Home Loan Bank 3130A8QS5 665,000.00 99.305 660,378.25 672,042.35 0.977% 11,664.1021 Gov't. Securities Fed Home Ln Mtg Corp Med Term Note 3137EADB2 511,000.00 103.479 528,775.75 529,125.17 2.290% 349.4222 Gov't. Securities Fed. National Mtg. Assn. 3135G0U43 225,000.00 100.870 226,957.66 243,623.25 0.586% 16,665.5923 Gov't. Securities Fed. National Mtg. Assn. 3135G0U43 140,000.00 101.686 142,360.99 151,587.80 0.586% 9,226.8124 Gov't. Securities Fed. National Mtg. Assn. 3135G0V34 833,000.00 100.563 837,691.21 897,116.01 0.510% 59,424.8025 Gov't. Securities Fed. National Mtg. Assn. 3135G0ZR7 535,000.00 104.192 557,429.46 584,835.25 0.551% 27,405.7926 Gov't. Securities Fed. Home Ln Mth Corp 3137EAEP0 681,000.00 103.842 707,166.86 711,209.16 1.430% 4,042.30 Subtotal Gov't. Securities 11,941,000.00 12,046,077.23 12,478,455.95 0.947% 432,378.72 27 Corporate Bond Wal-Mart 931142CU5 76,000.00 100.435 76,330.71 76,414.96 0.722% 84.2528 Corporate Bond United Health Group Inc. 91324PCM2 53,000.00 100.318 53,050.71 53,168.54 1.161% 117.8329 Corporate Bond United Health Group Inc. 91324PCM2 7,000.00 100.111 7,007.76 7,022.26 1.161% 14.5030 Corporate Bond United Health Group Inc. 91324PCM2 18,000.00 100.220 18,039.51 18,057.24 1.161% 17.7331 Corporate Bond United Health Group Inc. 91324PCM2 42,000.00 100.171 42,071.90 42,133.56 1.161% 61.6632 Corporate Bond State Street Corp. 857477AS2 54,000.00 100.256 54,138.32 54,254.88 0.967% 116.56 April 30, 2020
8 - 5
2 30-Apr-20 Exhibit B-1
Funds and Investments
Held by Contracted (Third) Parties
Morgan Stanley InvestmentsInvestment Issuer CUSIP Par Value Adjusted Adjusted Market Value Current Unrealized Type Premium Cost YTM Gain/Loss
April 30, 2020
33 Corporate Bond State Street Corp. 857477AS2 24,000.00 100.264 24,063.46 24,113.28 0.967% 49.8234 Corporate Bond The Walt Disney Co. 25468PDE3 60,000.00 100.059 60,035.13 60,227.40 1.147% 192.2735 Corporate Bond The Walt Disney Co. 25468PDE3 20,000.00 100.323 20,064.66 20,075.80 1.147% 11.1436 Corporate Bond Bank of America 06051GFT1 163,000.00 100.145 163,236.67 164,110.03 1.166% 873.3637 Corporate Bond Coca-Cola Co. 191216BT6 62,000.00 100.155 62,096.07 62,314.96 0.837% 218.8938 Corporate Bond Coca-Cola Co. 191216BT6 19,000.00 100.225 19,042.80 19,096.52 0.837% 53.7239 Corporate Bond Chubb INA Holdings Inc 00440EAT4 61,000.00 100.235 61,143.17 61,319.03 1.062% 175.8640 Corporate Bond Chubb INA Holdings Inc 00440EAT4 62,000.00 100.179 62,110.83 62,324.26 1.062% 213.4341 Corporate Bond Chevron Corp. (Callable) 166764AY6 55,000.00 100.339 55,186.70 55,358.05 1.008% 171.3542 Corporate Bond Chevron Corp. (Callable) 166764AY6 25,000.00 100.370 25,092.40 25,162.75 1.008% 70.3543 Corporate Bond VISA 92826CAB8 162,000.00 100.132 162,213.76 163,297.62 0.708% 1,083.86 44 Corporate Bond Exxon Mobil Corp. (Callable) 30231GAV4 162,000.00 100.432 162,699.31 163,438.56 1.034% 739.2545 Corporate Bond Home Depot Inc. 437076AW2 81,000.00 101.757 82,422.99 82,928.61 0.825% 505.6246 Corporate Bond JP Morgan Chase 46625HHZ6 151,000.00 102.380 154,594.06 156,458.65 1.078% 1,864.5947 Corporate Bond Charles Schwab Corp 437076AW2 83,000.00 101.392 84,155.31 84,664.98 1.174% 509.6748 Corporate Bond Pepsico Inc 713448BW7 82,000.00 101.564 83,282.66 84,444.42 0.725% 1,161.7649 Corporate Bond Praxair Inc 74005PAZ7 82,000.00 101.487 83,219.33 83,394.82 1.706% 175.4950 Corporate Bond 3M Co. (Callable) 88579YAU5 65,000.00 100.035 65,022.78 65,694.85 0.798% 672.0751 Corporate Bond 3M Co. (Callable) 88579YAU5 17,000.00 99.207 16,865.19 17,181.73 0.798% 316.5452 Corporate Bond Prudential Financial Inc 74432QBT1 80,000.00 103.704 82,963.59 83,694.40 1.465% 730.8153 Corporate Bond American Express Credit (Callable) 0258M0EG0 162,000.00 100.877 163,420.35 166,074.30 1.244% 2,653.95 54 Corporate Bond Burlington North Santa Fe (Callable) 12189LAH4 79,000.00 101.643 80,297.79 81,650.45 0.964% 1,352.6655 Corporate Bond US Bancorp 91159HHC7 165,000.00 101.455 167,400.59 170,796.45 1.016% 3,395.8656 Corporate Bond Intel Corp (Callable) 458140BB5 169,000.00 100.297 169,502.13 174,342.09 0.712% 4,839.9657 Corporate Bond Apple Inc. 037833BF6 160,000.00 101.194 161,910.61 166,891.20 0.569% 4,980.59 58 Corporate Bond Oracle Corp. 68389XBB0 81,000.00 100.735 81,595.70 83,344.14 0.939% 1,748.4459 Corporate Bond Bristol-Myers Squibb Co 110122AT5 170,000.00 100.332 170,564.51 173,519.00 1.067% 2,954.4960 Corporate Bond Gilead Sciences Inc 375558BC6 164,000.00 100.107 164,175.55 174,907.64 1.000% 10,732.0961 Corporate Bond Intercontinental Exchange Inc 45866FAE4 168,000.00 98.558 165,577.44 159,052.32 4.747% (6,525.12)62 Corporate Bond Lockheed Martin Corp 539830BG3 82,000.00 102.875 84,357.80 86,524.76 0.899% 2,166.9663 Corporate Bond Bank of New York Mellon Corp 06406RAE7 168,000.00 99.109 166,503.12 176,085.84 1.111% 9,582.7264 Corporate Bond Amazon 023135AW6 125,000.00 98.568 123,210.00 131,236.25 0.554% 8,026.2565 Corporate Bond General Dynamics Corp 369550BD9 163,000.00 101.185 164,931.61 174,310.57 ###### 9,378.9666 Corporate Bond Cisco Systems Inc. 17275RBH4 84,000.00 97.479 81,882.36 87,818.64 0.769% 5,936.2867 Corporate Bond John Deere Capital Corp. 24422EUM9 161,000.00 102.920 165,701.51 174,926.50 1.088% 9,224.9968 Corporate Bond Intercontinental Exchange Inc 45866FAA2 80,000.00 103.552 82,841.82 84,228.00 2.398% 1,386.18 8 - 6
3 30-Apr-20 Exhibit B-1
Funds and Investments
Held by Contracted (Third) Parties
Morgan Stanley InvestmentsInvestment Issuer CUSIP Par Value Adjusted Adjusted Market Value Current Unrealized Type Premium Cost YTM Gain/Loss
April 30, 2020
69 Corporate Bond State Street Corp. 857477AM5 80,000.00 105.535 84,428.37 87,245.60 1.096% 2,817.2370 Corporate Bond Caterpillar Financial Services Corp 14912L5X5 79,000.00 104.774 82,771.23 86,426.79 1.057% 3,655.5671 Corporate Bond Truist Financial Corp 05531FBF9 121,000.00 101.946 123,354.09 129,610.36 1.658% 6,256.2772 Corporate Bond Metlife Inc 59156RBH0 80,000.00 105.838 84,670.64 87,317.60 1.218% 2,646.9673 Corporate Bond Comcast Corp 20030NCR0 159,000.00 107.647 171,158.51 174,171.78 1.174% 3,013.2774 Corporate Bond Texas Instruments Inc 882508BB9 166,000.00 102.380 169,951.17 175,574.88 1.100% 5,623.7175 Corporate Bond United Parcel Service Inc 911312BT2 84,000.00 101.586 85,332.10 86,871.96 1.370% 1,539.8676 Corporate Bond PNC Financial Service Group Inc 693475AY1 170,000.00 101.756 172,984.80 176,154.00 1.354% 3,169.20 Subtotal Corporate Bonds 4,886,000.00 4,948,673.58 5,059,433.28 4.551% 110,759.70 Money Market Liquid Asset Fund -Uninvested Cash - 159,234.84 Accrued Interest
Subtotal Cash & Cash Equivalents - 159,234.84
Grand Totals 16,827,000.00 16,994,750.81 17,697,124.07 1.969% 543,138.42Unsettled Transactions 0.00Subtotal Unsettled Transactions - - -Totals incl. Unsettled Transactions 16,827,000.00 16,994,750.81 17,697,124.07 543,138.42Totals per Bank Statement 16,827,000.00 16,994,750.81 17,697,124.07 543,138.42 8 - 7
4 Exhibit B-2
43951 Funds and Investments
Held by Contracted (Third) Parties
2016 Water Revenue BondsInvestment Issuer Settlement Par Value Coupon Market Value Current Maturity Days to CUSIP Type Date Rate YTM Date Maturity Account Number
BNY Mellon Project Fund
1 Cash 44.71 0.010% 0.010% 44.71 1
2 Morgan Stanley Treasury Portfolio 158,224.44 0.250% 158,224.44 0.250% 1 Subtotal Cash & Cash Equivalents 158,269.15 0.250% 158,269.15 0.250% 1Total Project Fund 158,269.15 0.250% 158,269.15 0.250% 1 April 30, 2020
5 8 - 8
Exhibit C
City of South Pasadena
Investment Report
Summary of Invested Funds -- Last Day of the Month
MONTH FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 JULY 13,579,652 11,604,558 14,003,563 17,332,153 20,958,651 26,306,572 28,541,631 74,033,803 33,187,829 34,119,395 AUGUST 12,099,372 11,595,476 13,043,563 17,330,985 12,658,088 26,294,151 28,405,544 73,122,925 31,258,493 34,245,197 SEPTEMBER 11,000,410 11,582,026 11,783,420 16,331,557 19,715,369 22,058,959 27,049,892 70,952,657 31,219,168 34,211,588 OCTOBER 10,757,440 10,575,907 11,795,960 13,841,158 17,221,779 22,325,114 27,023,005 70,917,973 26,989,542 30,424,551 NOVEMBER 10,499,526 8,992,178 11,800,260 13,836,635 17,221,849 22,287,418 73,246,265 26,547,176 26,916,772 30,394,571 DECEMBER 10,634,416 10,185,282 11,805,140 16,837,192 20,603,990 22,253,300 71,499,585 28,949,643 27,028,835 30,398,333 JANUARY 12,629,088 9,186,793 11,816,031 18,846,359 26,309,319 27,399,997 71,229,735 32,878,042 35,305,506 30,183,446 FEBRUARY 12,619,768 9,184,331 13,818,580 18,845,663 26,260,788 30,108,605 71,084,575 33,013,420 34,571,287 35,784,459 MARCH 12,610,790 9,126,552 13,319,038 13,145,894 26,315,158 28,939,924 72,604,964 32,833,141 32,568,840 35,894,036 APRIL 12,605,200 11,130,863 17,327,604 13,153,853 26,326,876 28,276,276 75,018,330 33,064,100 32,242,202 36,081,161 MAY 12,595,623 11,128,155 19,327,983 23,452,878 26,310,240 28,429,928 76,053,277 32,879,674 36,925,478 JUNE 12,581,680 10,275,475 19,323,510 22,452,628 29,289,712 26,594,581 75,918,587 33,102,349 38,922,757 7 8 - 9
City Council
Agenda Report

ITEM NO. ____
DATE: June 17, 2020
FROM: Stephanie DeWolfe, City Manager
PREPARED BY: Sheila Pautsch, Community Services Director SUBJECT: Award of Contract to Better 4 You Meals in the Amount of $85,135 for the Catered Senior Meal Program beginning June 1, 2020 and Fiscal Year 2020-2021, with the Option to Renew the Contract for an Additional Four Year
Recommendation
It is recommended that the City Council:

2. Approval starting June 1, 2020; contract with existing caterer will be terminated effective May 30, 2020.

Discussion/Analysis
The Senior Meals Program is an essential service provided by the City, averaging 365 meals a week and 19,000 meals a year. Staff is recommending changing to a new caterer as a result of quality issues with the current catering company. The recommended caterer was selected through an RFP process and submitted the lowest cost proposal, which will also reduce overall costs to the program.

The Senior Center provides catered lunches on a daily basis, both onsite and for home delivery.

The meals served adhere to stringent health provisions (set forth by federal regulations), providing seniors access to healthy affordable meals on a daily basis. In addition to the nutritional value, the Program also offers social benefits and opportunities to foster comradery.

Onsite meals currently cost $2.75 each, while home delivery is $3.00 per meal.

Overall, participation has remained similar to the past year, however the participants complained regularly from September 2019 through March 2020 of unfavorable quality of food.

Participation increased after March16, 2020 due to COVID-19 with senior citizens needing to stay at home. The meal program being an essential service allowed residents to receive hot meal 9 - 1
Award of Contract for the Senior Meal Program
June 17, 2020

Page 2 of 3 ends

daily and boxed meals for the weekend.

The recommendation is to award a contract for the program to Better 4 You Meals at the rate of $4.60 per meal for home delivered and $4.38 for meals served on site. The rate with the current caterer is $5.40 per meal; this represents a cost savings of .80 cents per delivered and $1.02 for onsite meal under the new contract with the Better 4 You. With a lower cost per meal, there will be a less impact to the General Fund. They also will provide once per month meetings with the chef and seniors to receive feedback on food items. Overall, the contract stipulates one-year of service, with the option for renewal of up to four additional years (pending sufficient grant funds from CDBG in the subsequent years). In total, the proposed contract is for five-years, ending in 2025.

Revenue from fees:

Meals Ordered Rate Cost
Meal
Cost Participant
Fees
Estimating 10,300 meals (onsite) $4.38 $45,114 $2.75 $28,325 Estimating 8,700 meals (delivered) $4.60 $40,020 $3.00 $26,100 Total meal cost (estimate serving 19,000
meals) $85,134 $54,425
Alternatives Considered
In the RFP staff included the option of cooking meals onsite. One bid was submitted at the rate of $5.80 per meal. This would not only increase the operational cost for the City, but would also include the purchase of additional equipment for food storage (approximately $110,200 annually, plus equipment).

Fiscal Impact
Funding for this Program is comprised of three different sources. CDBG partially funds the Program, in the amount of $24,998 (amount is contingent on available grant funds, which varies on a yearly basis). Additionally, the cost of the Program is supplemented by fees from participants (anticipated revenue) in the amount of $54,425. Additional General Fund dollars, of $5,711, are required to compensate for the cost per meal a reduction from past years. The total budget for the Program is $85,134, a $20,000 reduction. Below is a chart depicting the breakdown in funds for the Program for FY 2020-2021.

Funding Sources and Totals for Senior Meal Program
Community Development Block Grant $24,998
Participant Revenues (Anticipated) $54,425
General Fund $ 5,711
Total Cost of the Program $85,134
9 - 2
Award of Contract for the Senior Meal Program
June 17, 2020

Page 3 of 3 ends

In comparison to this current FY 2019-20, the City will reduce required supplemental general fund dollars by approximately $19,000 in FY 2020-21. This is in part due to a substantial decrease between the current catering contract and the proposed new contract. Overall, the City will continue to meet its obligation to the community and meet the expectations of City Council with minimal assistance from the general fund.

Background
The current contract awarded in 2018 to Catering Systems Incorporated for the Senior Meals Program will expire on June 30, 2020. Due to poor performance they will be notified five days before the end of June of their termination, as stated in their contract.

Request for Proposals (RFP) went to 12 vendors with two bids received on March 27, 2020. To ensure the integrity of the bidding and selection process and in accordance with the CDBG procurement procedures, staff completed the following actions:
• Outlined initial outreach efforts in support of a competitive bidding process; and • Continued outreach to vendors prior to deadline to assure packets were received With two bids submitted, the recommendation is to award contract to the lowest bidder.

The Program has provided meals to seniors for 30 years. The community is accustomed to the Program and in some aspects reliant on it, especially during COVID-19 closure. For instance, prior to COVID-19 the Program delivered 28 meals per day, for the last month and half deliveries have reached as high as 85 meals per day. In addition the Program delivered 10 boxed meals for the weekend prior to closure, and is now delivering 80 boxed meals.

The Program offers once per month special events themed around a special program or holiday, with six of them regularly sponsored such as Halloween, Thanksgiving, Christmas, Chinese New Year, Valentines and Mother’s Day.

The subsidized Senior Meal Program continues to thrive and much needed essential service to the community. Moreover, the affordable and nutritious meals continue to bring seniors together fostering community and well-being.

Legal Review
The City Attorney has reviewed this item.

Attachment:

1. Professional Services Agreement for Better 4 You Meals 9 - 3
ATTACHMENT 1
Professional Services Agreement for Better 4 You
Meals
9 - 4
1 Professional Services Agreement – Consultant Services

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of South Pasadena /Better 4 You Meals)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of South Pasadena, a California municipal corporation (“City”), and Better 4 You Meals, a California Corporation (“Consultant”).

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: Provide meals in bulk for the South Pasadena Senior Center Catered Senior Nutrition Program.

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”: Such professional services as are set forth in Exhibit A, attached and incorporated herein by this reference.

3.2. “Agreement Administrator”: The Agreement Administrator for this project is Sheila Pautsch. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant 9 - 5
1 Professional Services Agreement – Consultant Services

3.3. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B (Attached) 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 eighty five thousand one hundred thirty four dollars ($85,134)

3.5. “Commencement Date”: July 1, 2020.

3.6. “Termination Date”: June 30, 2021
The agreement shall be for a twelve month period; however, the City has the option to renew the Agreement in one-year increments for up to an additional four (4) years depending on the availability of future CDBG funding. It is optional on the part of the city to renew the agreement. The City shall evaluate the Better 4 You Meals’ performance on an annual basis and use the evaluation to help determine if a renewal is determined in the City’s best interest.

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

5. CONSULTANT’S DUTIES

5.1. Services. Consultant shall perform the services identified in the Scope of Services.

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

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

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the 9 - 6
1 Professional Services Agreement – Consultant Services Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

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

5.5. Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of 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 which 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. Robert Macarena 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. 9 - 7
1 Professional Services Agreement – Consultant Services

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 subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

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

6. SUBCONTRACTING

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

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

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

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

7. COMPENSATION

7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the 9 - 8
1 Professional Services Agreement – Consultant Services Approved Fee Schedule, Exhibit B in full satisfaction for such services.

Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

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

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

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

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

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

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

8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Consultant shall defend, indemnify, and hold the City, tis elected officials, officers, employees, and agents free and harmless form any claim or 9 - 9
1 Professional Services Agreement – Consultant Services liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

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

10. RELATIONSHIP OF PARTIES

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

10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

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 Better 4 You Meals 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 subcontractors 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. 9 - 10
1 Professional Services Agreement – Consultant Services

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 subcontractors, in the performance of this Agreement. “City” shall include City, its officers, agents, employees and volunteers.

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

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

11.4 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.

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.
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1 Professional Services Agreement – Consultant Services

12. INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its Better 4 You Meals, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: Provide meals in bulk for the South Pasadena Senior Center Catered Senior Nutrition Program Documentation of Best’s rating acceptable to the City.
• Original endorsements effecting coverage for all policies required by this Agreement.
• City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $2,000,000 per occurrence, $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
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
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1 Professional Services Agreement – Consultant Services • Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.

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

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

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

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

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

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

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. 9 - 13
1 Professional Services Agreement – Consultant Services

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

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

12.11. Notices. Better 4 You Meals shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of South Pasadena, Attn: Sheila Pautsch, South Pasadena, CA 91030.

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

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself. 9 - 14
1 Professional Services Agreement – Consultant Services

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

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

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

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

13. MUTUAL COOPERATION

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

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

14. NOTICES
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).
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1 Professional Services Agreement – Consultant Services If to City
Stephanie DeWolfe
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7210
Facsimile: (626) 403-7211
If to Consultant
Robert Camarena
Better 4 You Meals
5743 Smithway Street, Suite 103
Commerce, CA 90040
Telephone: (323)838-5555 ex. 140
Facsimile: (887)349-2985
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

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

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

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

16. TERMINATION

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

16.2. Consultant Termination. Consultant may terminate this Agreement for City’s material breach of this Agreement upon 30 days’ notice.

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event 9 - 16
1 Professional Services Agreement – Consultant Services shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

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

17. INTERPRETATION OF AGREEMENT

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

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

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

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

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

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. 9 - 17
1 Professional Services Agreement – Consultant Services

18. GENERAL PROVISIONS

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

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or sub Better 4 You Meals to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment 9 - 18
1 Professional Services Agreement – Consultant Services advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

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

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

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

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

18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

FEDERAL PROVISIONS
During the performance of this Agreement, the Better 4 You Meals agrees to comply with the following Federal provisions:

1. AUDIT OR EXAMINATION:

Better 4 You Meals shall keep all records of funds received from City of South Pasadena and make them accessible for audit or examination for a period of four (4) years after final payments and all other pending matters are closed (for a total of 5 years).

2. CONFLICT OF INTEREST:
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1 Professional Services Agreement – Consultant Services Better 4 You Meals agrees any conflict or potential conflict of interest shall be fully disclosed prior to execution of this Agreement and CSI shall comply with all applicable federal, state and county laws and regulations governing conflict of interest, in accordance with 24 CFR Part 84. Sec. 84.42.

3. POLITICAL ACTIVITY/LOBBYING CERTIFICATION:

Better 4 You Meals may not conduct any activity, including any payment to any person, officer or employee of any agency or member of Congress in connection With the awarding of any federal contract, grant, or loan, intended to influence legislation, administrative rule-making or the election of candidates for public offices during time compensated for under representation that such activity is being performed as a part of the contract responsibility.

4. COUNTY LOBBY CERTIFICATION:

It is understood each person/entity/firm who applies for a Community Development Commission contract, and as part of process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93-0031) and; that all persons/entity/firm acting on behalf of the above named firm have and will comply with the County Code, and; any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified there from and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code.

5. SECTION 3 REQUIREMENTS OF HOUSING & URBAN DEVELOPMENT ACT OF 1968:

Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., requires, to the greatest extent feasible, opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to business concerns, which are located in, or owned in substantial part, by persons residing in the area of the project.

6. SECTION 109, TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT of 1974:

Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination, under any program or activity funded in whole or in part with funds made available under this Title.

7. PROHIBITION OF AGE DISCRIMINATION: Prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity 9 - 20
1 Professional Services Agreement – Consultant Services

8. Executive Order 11246 requires that during the performance of this Agreement, the consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color, or national origin. The Better 4 You Meals will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin.

Such action shall include, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Better 4 You Meals agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Better 4 You Meals setting forth the provisions of this nondiscrimination clause.

9. Section 3 of the housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701 et. seq., requires that to the greatest extent feasible, opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project.

10. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

11. Section 109, Title I of the Housing and Community Development Act of 1974, provides that no person shall, on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title.

12. Prohibition against discrimination on the basis of age under the Age Discrimination Act of 1075, or with respect to an otherwise qualified handicapped individual, as provided in /Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity.

13. Interest of Better 4 You Meals and employees. Better 4 You Meals covenants that they presently have no interest and shall not acquire interest, direct or indirect, in the project area or any parcels there in or any other interest which would conflict in any manner or degree with the performance of their services hereunder. The Consultant further covenants that in performance of this Agreement, no person having such interest shall be employed.
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1 Professional Services Agreement – Consultant Services TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
Stephanie DeWolfe
City Manager
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
Robert Camarena
Better 4 You Meals
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

By: __________________________________
Evelyn G. Zneimer, City Clerk
Date: ________________________

Approved as to form:

By: __________________________________
Teresa L. Highsmith, City Attorney

Date: ________________________

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1 Exhibit A

EXHIBIT A

SCOPE OF SERVICES
The following is a summary of the scope of services to be performed by the Better 4 You Meals (Consultant). Consultant shall legally and ethically prepare Cost Effective and Quality Meals for City senior citizens.

MEAL PREPARATION
TASK 1: MANAGEMENT OF MEAL PREPARATION OPERATIONS

1. Better 4 You Meals will provide meals for the Senior Center meeting contract requirements. Better 4 You Meals agrees to select, purchase and prepare food following menus provided by City of South Pasadena/Senior Services. Better 4 You Meals agrees to assure that food handling (cooking, storage and packing) methods will maintain the quality and safety of foods. Los Angeles County Public Health Department inspection scores of Consultant’s food preparation facilities, activities and prepared meals should be above 90%. However if an inspection results in a score below 90% Consultant must submit to the Director of Community Services a corrective action plan within 48 hours of receipt of the deficient score and if an inspection results in a score below 80%, City may withhold contract payment until Consultant corrects the items identified in the deficient score. If inspection scores below 90% should occur more than three times, it may serve as a basis for termination of the Agreement.

2. Better 4 You Meals shall prepare daily (Monday through Friday) lunch entrees for South Pasadena Senior Center, except on City holidays as identified below. 10:30 a.m. for homebound meals, and 11:30 a.m. for meals consumed at the Senior Center except as the Senior Center Supervisor may otherwise request.

3. Better 4 You Meals will also be responsible for procuring all items, not including coffee and tea, which are necessary for food production, service and delivery. It shall assure compliance with the City’s ban on expanded polystyrene (EPS) disposable food serve ware.

4. Better 4 You Meals ensure that food is prepared with consideration for sanitation and safety standards.
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1 Exhibit A

5. Every two months and at least 30 days prior to commencement of the two month period, Consultant shall develop and submit to City for its review and approval a season-appropriate menu with the understanding that either Party may request modification for substitutions and/or special events. Prior to submittal to City for its review, the proposed menu shall be reviewed and approved by a registered Dietician. City will provide input on holiday menu selections with advance notice.

Soups should be served once per week.

6. Better 4 You Meals will provide birthday cakes the last Friday of each month. Size of the cake is determined by the number of meals served. Cake should be a sheet cake with a minimum size of at least 18” x 12”

7. Box lunches shall be provided Fridays for home delivery clients and may be requested by City for delivery the day before the below holidays.

SPECIAL ACTIVITIES

HOLIDAY SCHEDULE
The South Pasadena Senior Citizens’ Center observes the following City of South Pasadena holidays:

January New Year's Day
January Martin Luther King, Jr. Birthday
February President's Day
May Memorial Day
July Independence Day
September Labor Day
October Columbus Day
November Veterans Day
November Thanksgiving Day and Following Day
December Christmas Day

USE OF CITY FACILITIES
City’s Senior Center will not be available for food preparation. All City equipment will remain the property of the City and must not be loaned or removed from the Senior Center. No modifications or alterations may be made to the City's equipment without the written approval of the City.

Better 4 You Meals shall perform the duties which are required to ensure the safe, sanitary and legal operation of its food preparation and delivery facilities. The City 9 - 24
1 Exhibit A
will be responsible for the overall maintenance of the Senior Center kitchen and for routine cleaning of all common areas (i.e. bathrooms, walkways).

1. Better 4 You Meals agrees to provide all personnel necessary to prepare and deliver food from its own facility.

2. The City agrees to provide all personnel necessary to prepare and serve food.

3. The City will be responsible for the clean-up and maintenance of the equipment used to serve food.

4. The City will be responsible for mopping of kitchen floors, emptying trash and removal from the Senior Center.

5. The City is responsible for the electricity, water and gas for the Senior Center.

6. The City is responsible for maintenance contracts for mechanical equipment owned by the City.

7. City staff is responsible for daily clean-up of the Senior Center kitchen.

FOOD DELIVERY

1. The City reserves the right to add or delete meal sites or designate alternate meal locations, as appropriate.

2. The City may change the days and time of delivery and service by giving Better 4 You Meals seven (7) days’ advance notice.

3. The City may change the number of meals to be delivered to the meal location by notifying the Better 4 You Meals by 12:00 p.m. of the business day prior to delivery.

4. Better 4 You Meals shall deliver the meals to the Senior Center or alternate designated location by 11:00 a.m. for home delivery and 11:30a.m. for meals served, except as the parties may otherwise agree in advance.

5. Meals shall be transported to the Senior Center under appropriate packing, heating and cooling temperature requirements as meals are not made on site.

6. The City may require Better 4 You Meals to deliver food on all 9 - 25
1 Exhibit A
holidays that food service is needed, with advance notice.

7. Meals shall be served at the Senior Center by the City and/or volunteers within one hour and a half (1 ½) hours after food has been delivered.
9 - 26
1 Exhibit A

DELIVERY SERVICE SPECIFICATIONS

1. All food must be packaged and transported under conditions that will ensure temperature control to prevent bacterial contamination, spillage, and/or insect infestation. All hot foods should be packaged individually or in bulk containers to ensure a minimum delivery temperature of 140°F.

All cold foods must be packaged to ensure a maximum delivery temperature of 40°F. All foods intended to be delivered frozen shall be packaged so as to maintain a hard frozen state until such food reaches point of delivery.

Temperature of bulk and home-delivered meals must be taken daily at the end of production/packaging and on delivery at the Senior Center by Better 4 You Meals and the City. Hot and cold foods must be placed immediately into insulated hot and cold transport equipment upon completion of packaging.

Daily written documentation of temperature logging monitoring must be kept by Better 4 You Meals and the City and will be subject to audit by the Senior Center Supervisor. The sites shall be assumed correct on shortages unless the caterer proves them wrong. All calls regarding shortages and food replacement will be communicated by the Better 4 You Meals' office.

2. Meals must be delivered in refrigerated trucks and or approved for bulk insulated containers for hot pack and cold pack. Delivery standards shall comply with applicable local health department regulations.

3. Food and supplies must be packed and handled in a sanitary manner so as to ensure absence of contamination and spillage.

4. The program may require replacement of any cold food which is received on site at above 40°F and any hot food that falls below 140°F.

5. Food shortages and/or spoiled foods which are reported to the caterer by agreed time of delivery must be replaced.

6. The Better 4 You Meals shall be responsible for cleaning and care of equipment returned to its facility each day.

7. The Better 4 You Meals shall place food in area designated by the Senior Center Supervisor.

8. Food shall be in transport no longer than 60 minutes after packing. 9 - 27
1 Exhibit A

9. Food shall be kept in heat retaining equipment no longer than 60 minutes prior to serving.

10.Each delivery shall be accompanied by a delivery slip, in triplicate, designating number of meals and supplies delivered. The Senior Center Supervisor or designated person will sign receipt, if in order, and one copy shall be left the same.

11.Instructions shall be attached to each food product delivered indicating name of meal, location, and number of servings, size of serving, and size of utensil to be used in serving.

12.Cake, cornbread, and casserole dishes (i.e. meatloaf, lasagna, tuna noodle casserole), shall be pre-scored by Better 4 You Meals for the appropriate number of servings.

13.Better 4 You Meals shall provide home delivered meal containers in an amount not to exceed 35% of the total number of meals ordered.

14. All Better 4 You Meals delivery equipment shall be removed from the meal location by 12:30 p.m. The City is not responsible after this time.

15.Better 4 You Meals shall provide a back-up delivery system in the event of vehicle breakdown in route to the Senior Center.

16.Electrical items required to be provided herein shall have the UNDERWRITER'S LABORATORY or LOS ANGELES ELECTRICAL
TESTING LABORATORY approval and meet all current OSHA and COSHA requirements, where applicable.

17.The Better 4 You Meals shall comply with all Federal, State, and local health department laws and regulations. Better 4 You Meals shall provide City with a current copy of the health certificate and any corrected deficiencies with proposal. To ensure that all regulations are followed Better 4 You Meals must have a qualified food service manager or parttime registered dietician (20 hours week) or staff who will ensure that meals are prepared in a safe and sanitary condition throughout meal service operation.

ADMINISTRATION OF STAFF

ADMINISTRATION OF FOOD PREPARATION STAFF
l. Better 4 You Meals agrees to comply with all Federal and State labor laws. 9 - 28
1 Exhibit A

2. The Better 4 You Meals shall hire or appoint either a part-time or full time qualified Site Manager for the supervision of food services operation withinits kitchen.
9 - 29
1 Exhibit B

EXHIBIT B
Better 4 You Meals
5743 Smithway Street, Commerce, California 90040
(323)838-5555, extension: 140

PRICE FACT SHEET
2020-2021

HOT BULK MEAL COST PER MEAL
Raw food/condiments, Preparation, Transportation, Sundry items, Overhead profit

Total cost: $4.38

BOX OR PICNIC LUNCH COST PER MEAL COST PER MEAL
Raw food/condiments, Preparation, Transportation, Overhead profit

Total cost: $4.60
SUBCONTRACTORS:

1. There are no subcontractors assigned to this agreement.

2. All services will be provided by Better 4 You Meals. 9 - 30
City Council
Agenda Report

ITEM NO. ____
DATE: June 17, 2020
FROM: Stephanie DeWolfe, City Manager
PREPARED BY: Shahid Abbas, Public Works Director
Julian Lee, P.E., Deputy Public Works Director
Anteneh Tesfaye, Water Operations Manager
SUBJECT: Purchase of Carbon Media from Calgon Carbon Corporation for the Wilson Wellhead Treatment System for a Total Not-to-Exceed Amount of $185,000
Recommendation Action:

It is recommended that the City Council authorize the City Manager to purchase carbon media from Calgon Carbon Corporation (Calgon) for a total not-to-exceed amount of $185,000 ($178,130 for the bid amount and $6,870 for contingency) for the Wilson Wellhead Treatment System.

Discussion/Analysis:

The groundwater from the Wilson wells pass through the Granular Activate Carbon (GAC) vessels of the Wilson Wellhead Treatment System and the granular active carbon media inside the GAC vessels remove 1,2,3-TCP contaminate from the groundwater. The removal of the 1,2,3-TCP contaminate allows the water to be safe to drink for the customers. In order to comply with the operational guidelines of the State Water Resources Control Board Division of Drinking Water (SWRCB-DDW) and continue to effectively operate the Wilson Wellhead Treatment System, the replacement of the carbon media is essential and warranted.

The first half of the media replacement was approved by the City Council on September 18, 2019 and was replaced in November of 2019. The analysis of the first half of the spent media revealed the presence of mercury, a naturally-occurring chemical element found in rock in the earth's crust. The level of mercury found in the groundwater is substantially below the state and federal standards. However, the mercury level in the spent GAC media exceeded the regeneration process and subsequently had to be disposed at an authorized waste landfill. The new carbon media will allow the continued safe water supply from the Wilson wells and comply with SWRCB-DDW’s contamination mitigation guidelines.

Finally, the purchase of the GAC media is critical for the continual operation of the Wilson wells which will reduce the City’s purchase of surface water from Metropolitan Water District of Southern California (MWD) at a significantly higher rate and avoid water discoloration due to 10 - 1
Purchase of Carbon Media from Calgon Carbon Corporation for the Wilson Wellhead Treatment System
June 17, 2020

Page 2 of 2 ends

MWD water in the City water system. This purchase qualifies for sole source purchase exemption from the Public Contracts Code pursuant to SPMC § 2.99-37(a)(3).

Background:

The Wilson Wellhead Treatment project was completed in March of 2019 with the City Council approving the notice of completion on April 17, 2019. The state of the art facility of the Wilson Wellhead Treatment System project consists of a Granular Activate Carbon (GAC) wellhead treatment system with eight 20,000 lbs vessels, providing not only a permanent compliance with the State Water Resources Control Board (SWRCB) 1,2,3,-Trichloropropane (1,2,3-TCP) regulation but also exceeding the water quality guidelines.

Legal Review
The City Attorney has reviewed this item.

Fiscal Impact
The Fiscal Year (FY) 2019-20 Budget adopted by the City Council includes funding for the purchase of the carbon media in Water Production Contract Services Account No. 500-6010- 6711-8180.

Environmental Analysis
This item is exempt from any California Environmental Quality Act (CEQA) analysis based on State CEQA Guidelines Section 15301 Existing Facilities.

Attachments:

1. Calgon Carbon Proposal

2. SWRCB Resolution No. 2017-0042
10 - 2
ATTACHMENT 1
Calgon Carbon Proposal
10 - 3
June 4, 2020 Quote: 00002469r1
South Pasadena city of, CA
Dear Mr. Tesfaye ,
Thank you for your interest in the products and services of Calgon Carbon Corporation. We are pleased to respond to your request for quotation.

Product/Packaging: FILTRASORB 400 - BULK
Price: 1.36 USD
Quantity: 80000.00 LBS
Total Price: $108,800.00 USD
Product/Packaging: Field Service
Price: 48622.00 USD
Quantity: 1.00
Total Price: $48,622.00 USD
Product/Packaging: Freight
Price: 9556.00 USD
Quantity: 1.00
Total Price: $9,556.00 USD
INCOTerm: 13 - Prepaid Shipping & Handling
PAYMENT TERMS: Net30
Sales Tax (10.25%) of the carbon: $11,152
GRAND TOTAL: $178,130.00 USD
This quote does not include any applicable taxes. Standard lead time is 7-10 business days after receipt of a purchase order.

CARBON ACCEPTANCE FEE: This does not apply for any impregnated activated carbons.

We are required by our operating permits to sample and analyze all spent carbons prior to their initial shipment to ensure a safe and environmentally friendly reactivation process. Each approval is then required to be revalidated through submittal of a new profile and sample for testing at a frequency of not less than once every five years. The standard fees for initial approval and project revalidation are as follows:

Non-Hazardous Reactivation Testing Fee (Vapor Phase) 800.00 USD Non-Hazardous Reactivation Testing Fee (Liquid Phase) 1,000.00 USD RCRA Hazardous Reactivation Testing Fee (Vapor Phase) 1,000.00 USD RCRA Hazardous Reactivation Testing Fee (Liquid Phase) 1,200.00 USD Additional analyses may also be required for acceptance of spent carbons from certain applications (e.g., wood treating applications, DBCP or PCB treatment, TCLP analysis, metals testing, etc).

Contact your Technical Sales Representative or the Carbon Acceptance Department for current pricing. 10 - 4
Carbon Acceptance testing will take approximately 3-4 weeks once the sample and paperwork are received by Calgon Carbon Corporation.

SPENT CARBON HANDLING: The Fees listed above include handling of all spent carbon generated in the treatment application provided: 1) the spent carbon satisfies all spent carbon acceptance criteria established by Calgon Carbon; 2) the spent carbon is classified non hazardous as defined under the Federal Resource Conservation and Recovery Act (RCRA). If it is subsequently determined that the spent carbon generated is a Hazardous Waste as defined by RCRA, then the return of the spent carbon will be subject to a RCRA Spent Carbon Reactivation Fee in the amount of TWENTY-FIVE CENTS (.25 USD) for each pound of spent carbon returned on a dry weight basis. The Fee will be determined at the time an order is placed for exchange of Activated Carbon or at the time a return of spent carbon is scheduled if purchase of replacement Activated Carbon is not required.

Quote is valid until July 4, 2020
Shipment must take place within 90 days after receipt of a purchase order.

Pricing beyond the terms stated above is subject to change. Calgon Carbon Corporation Terms and Conditions apply.

If you would like to proceed with this offer, please email or fax a purchase order or credit card information to customer relations at 412-787-6323 or [email protected]. Be sure to include your shipping address, delivery date, and reference the above quotation number on your purchase order. Please contact me with any additional questions.

Sincerely,
Timothy Brekke
Senior Technical Sales Representative
10 - 5
Terms and Conditions for the Sale of Carbon (the "Terms and Conditions") 1) DEFINITIONS:
(a) Seller: Calgon Carbon Corporation, a Delaware corporation (b) Buyer: The buyer named in the Documentation
(c) Documentation:

The Proposal, Confirmation or Acknowledgement, as applicable, for the sale of the Products to which these Terms and Conditions are attached
(d) Carbon: Any carbon sold pursuant to the terms of the Documentation (e) Products: The Carbon and service, collectively, described in the Documentation (f) Agreement: The Documentation, these Terms and Conditions and any attachments referenced in the Documentation 2) GENERAL: Seller hereby offers for sale to Buyer the Products on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein. To the extent of a conflict between these Terms and Conditions and the express terms set forth in the Documentation, the terms set forth in the Documentation shall control. Any provisions contained in any document issued by Buyer are expressly rejected and if the terms and conditions set forth herein differ from the terms in any document issued by Buyer, this document shall be construed as a counter offer and shall not be effective as an acceptance of Buyer's document. In ordering and delivery of the Products, the parties may employ their standard forms; provided, however, that nothing in those forms shall be construed to modify or amend the terms of this Agreement. In the event of a conflict between this Agreement and either party's standard forms, this Agreement shall govern. 3) PRICE AND PAYMENT: The price shall be as stated in the Documentation, subject to these Terms and Conditions and other terms and conditions as may be stated in the Documentation. Unless otherwise stated in the Documentation:
(a) The price is exclusive of any taxes, tariff, and duties of any kind which either party may be required to pay with respect to the sale of goods described in the Documentation, and Buyer shall be responsible for the payment of all taxes, tariffs and duties related hereto, except for income taxes imposed on Seller;
(b) Sales Tax will be added to the price based upon the Product destination unless tax exemption or direct pay documentation is provided; (c) Products will be billed for at the time of delivery; and (d) Payment terms shall be net thirty (30) days, or net forty-five (45) days if paid by Electronic Funds Transfer (EFT). A late payment fee of 1.25% per month, or the highest lawful rate, whichever is less, will apply to all amounts past due, and will be prorated per day. Retainage may only be applied on the final invoice.
4) PRICING CONDITIONS:
(a) Pricing Limitations: Unless otherwise indicated within the Documentation, all pricing quoted in connection with the Documentation is valid for purchase for a sixty (60) day period beginning with the date of the Documentation. (b) Pricing Escalations: If this Agreement shall continue into the next calendar year, the fees payable pursuant hereto will be adjusted on January 1st of such calendar year by the annual percentage change in the combined average of two Producer Price Indices, as published by the United States Department of Labor:
(i) Producer Price Index of other Petroleum and Coal Products Manufacturing, and
(ii) Producer Price Index of Basic Organic Chemicals.

The percent adjustment shall be calculated by taking the percent difference for each index during the twelve month period from January 1st through December 31st of the last completed calendar year as compared to the twelve month period from January 1st through December 31st of the calendar year immediately preceding the last completed calendar year.

These two percentages will then be averaged for calculating the final percent adjustment to which all U.S. manufactured materials will be subject.

Fees covered by this Agreement will, at no time during the contract period, be reduced.
5) SALE AND DELIVERY: Sale terms and pricing, unless otherwise specified in the Documentation, are F.O.B. Seller's point of shipment (INCOTERMS 2010). If freight is to be prepaid by Seller and added to the amount due, Seller shall add up to a twenty-five percent (25%) surcharge to the freight charges. Seller will have the right, at its election, to make partial shipments of the Products and to invoice each shipment separately. Seller reserves the right to stop delivery of any Product in transit and to withhold shipments in whole or in part if Buyer fails to make any payment to Seller when due or otherwise fails to perform its obligations hereunder or under any other outstanding payment obligations of Buyer to Seller, whether related to the Documentation or otherwise.
6) TITLE AND RISK OF LOSS: Notwithstanding the trade terms indicated above and subject to Seller's right to stop delivery of any Product in transit pursuant to Section 5 above, title to and risk of loss of the Products will pass to Buyer upon delivery of the Products by Seller to the carrier at Seller's point of shipment. Notwithstanding the foregoing or the provisions of the UCC or INCOTERMS, title to the goods, and all accessions to or products of the goods, shall remain with Seller until the later of (a) payment in full of the purchase price and of other amounts owing by Buyer and (b) delivery to Buyer, if Buyer is located outside the United States. 10 - 6
7) AVAILABILITY: Shipment dates (and delivery and installation dates if included in the scope of work description in the Documentation) are not guaranteed, and Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to reschedule the shipment within a reasonable period of time, and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. If any delivery is delayed for more than thirty (30) days beyond the originally scheduled delivery date and such delay is caused by Buyer, Buyer will be subject to storage charges from the scheduled shipment date of two percent (2%) of the sale price per month; and such storage charge shall be due monthly on the first day of each month. Storage by Seller shall be at Buyer's risk and expense.
8) PERMITS, LICENSES AND FEES: Buyer shall be responsible, at its sole expense, for all environmental permits, applications, regulatory approvals, and other permits or licenses that may be required for installation and/or operation of the Products.
9) INSPECTION: Buyer shall have the right to inspect the Products delivered under this Agreement and agrees promptly to notify Seller of any nonconformity, defective condition or breach of warranty, and unless Buyer gives prompt written notice to Seller of such breach of warranty, Buyer's rights and remedies under this Agreement shall be deemed to have been waived. No claim for breach of warranty may be made by Buyer more than ninety (90) days after date of delivery of such Product to Buyer hereunder. 10) TERMINATION: Seller may cancel this Agreement if any of the following occurs: (a) Buyer becomes insolvent; (b) Buyer ceases to conduct its operations in the normal course of business; (c) Buyer is unable to meet its obligations as they mature, or admit in writing such inability or fails to provide adequate assurances of its ability to perform its obligations hereunder; (d) Buyer files a voluntary petition in bankruptcy; (e) Buyer suffers the filing of an involuntary petition in bankruptcy and the same is not dismissed within thirty (30) days after filing; (f) a receiver, custodian or trustee is appointed for Buyer or for a substantial part of its property; (g) Buyer fails to make payment on the terms and within the time specified in this Agreement, or breaches any other obligations under this Agreement; or (h) Buyer executes an assignment for the benefit of its creditors. In the event of such cancellation, Seller shall have all rights and remedies set forth in the UCC of any applicable jurisdiction and all other remedies available at law or in equity. The following provisions shall survive termination or expiration of this Agreement: Sections 2 (General), 10 (Termination), 11 (Limited Warranties), 12 (Limitation of Liability), 14 (Export Controls), 15 (Confidentiality),18 (Applicable Law and Jurisdiction), 19 (Miscellaneous) and 20 (Entire Agreement).
.
the Documentation, Seller warrants that all Products provided under this Agreement shall conform to the specifications for such Products for the warranty period as published by Seller from time to time during the term of this Agreement. Seller shall correct any failure to conform to either of the applicable foregoing warranties of which it is notified in writing prior to ninety (90) days after the date of delivery of the allegedly non-conforming Products by replacement of product or reperformance of services. Any Product removed in connection with such replacement may be reactivated or disposed of at Seller's sole discretion.

THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO

REPLACE A DEFECTIVE PRODUCT OR TO PROVIDE CORRECTIVE

SERVICES SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT OR SERVICE. THERE ARE NO

WARRANTIES MADE WITH REGARD TO THE GOODS OR SERVICES

TO BE PROVIDED PURSUANT TO THIS AGREEMENT OTHER THAN
THOSE CONTAINED HEREIN. ALL OTHER WARRANTIES, EITHER

EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING,

WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES
ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SELLER

DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR
WILL ACCOMPLISH ANY PARTICULAR RESULT. ANY ADVICE OR

ASSISTANCE FURNISHED BY SELLER IN RELATION TO THE

PRODUCTS SHALL NOT GIVE RISE TO ANY WARRANTY OR

GUARANTEE OF ANY KIND, AND SHALL NOT CONSTITUTE A WAIVER

BY SELLER OF ANY PROVISIONS OF THIS AGREEMENT, UNLESS
OTHERWISE AGREED TO IN WRITING. The sale of any Product pursuant to this Agreement does not include any license, express or implied, to practice any intellectual property owned or licensed by Seller. As such, Buyer agrees not to use the purchased Product for any patented use not set forth expressly in this Agreement, absent a separate license from the holder of such patent. Additionally, the Buyer agrees not to resell or sublicense the use of purchased Product for any use not expressly granted hereunder. The sale of any Product pursuant to this Agreement does not grant any license, express or implied, by estoppel or otherwise, to any third party intellectual property including any combination, machine, or process in which Product may be used. Buyer agrees not to use, resell, or sublicense Product in a manner that would infringe the intellectual property rights of a third party, without first obtaining, at Buyer's expense, any necessary licenses. Any indemnification obligations of the parties do not apply to any use of the Products. 12) LIMITATION OF LIABILITY: Notwithstanding any provision to the contrary herein, the parties hereto agree that in no event shall either party be liable to the other party for any indirect, special, consequential, incidental or punitive damages, or lost profits, 10 - 7
as a result of a breach of any provision of this Agreement or for any other claim of any kind arising out of or relating to this Agreement, whether in contract, in tort or otherwise. Notwithstanding any provision to the contrary herein, for all losses, damages, liabilities or expenses (including attorney's fees and costs), whether for indemnity or negligence, including errors, omissions or other acts, or willful misconduct, or based in contract, warranty (including any costs and fees for repairing, replacing or re-performing services or curing a breach hereof), or for any other cause of action (individually, a "Claim"; collectively, "Claims"), Seller's liability, including the liability of its insurers, employees, agents, directors, and officers and all other persons for whom Seller is legally responsible, shall not, to the maximum extent permitted by law, exceed in the cumulative aggregate with respect to all Claims arising out of or related to this Agreement, the lesser of (a) the total amount of compensation paid to Seller hereunder, and (b) One Million Dollars ($1,000,000). All Claims of whatsoever nature shall be deemed waived unless made in writing within ninety (90) days of the occurrence giving rise to the Claim.

Moreover, any failure of Buyer to notify Seller of unsatisfactory operation or any improper or unauthorized installation, maintenance, use, repair, or adjustment shall relieve Seller of any further responsibilities hereunder.
13) FORCE MAJEURE: Notwithstanding any provision to the contrary herein, Seller shall have no liability to Buyer or its affiliates, and shall have the right to suspend performance (including, without limitation, shipments) hereunder, in the event of war, riot, terrorism, accident, explosion, sabotage, flood, acts of God, fire, court order, strike, labor disturbance, work stoppage, national defense requirements, act of governmental authority, extraordinary failure of equipment or apparatus, inability to obtain electricity or other type of energy, raw material, labor, equipment or transportation, or other causes beyond Seller's reasonable control. It is understood and agreed that settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of Seller and that nothing in this Agreement shall require the settlement of strikes, lockouts and labor disputes when such course is inadvisable in the sole discretion of Seller.
14) EXPORT CONTROLS: Buyer acknowledges that the Products and related technology are subject to U.S. export controls and economic sanctions, which may include the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR) and regulations promulgated by the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC). Buyer further acknowledges that the reexport of the Products and/or related technology to a third country or retransfer to an unapproved end user may require a license or other authorization from the Government of the United States. Such licenses or other authorizations may impose further restrictions on the reexport or retransfer of the Products and/or related technology. U.S. law also restricts the reexport or retransfer of U.S.-origin goods, technology, or services to countries or persons subject to U.S. sanctions or embargoes. Buyer represents and warrants that it is in compliance with and agrees to comply with all such applicable export control and economic sanctions laws and regulations. It is the sole responsibility of Buyer to apply for and obtain any necessary licenses or other authorizations prior to any reexport or retransfer of the Products and/or related technology. Seller makes no warranty that any such licenses or other authorizations will be granted, and shall have no liability for Buyer's inability to obtain such licenses or other authorization or for any violation by Buyer of any applicable export control and/or economic sanctions laws and regulations. Buyer will indemnify Seller and hold it harmless from any liability resulting from Buyer's violation of this provision or applicable export laws or regulations. Notwithstanding any other provision in this Agreement, Seller shall have the right to terminate this Agreement immediately upon the determination by Seller, in Seller's sole discretion, that Buyer has breached, intends to breach, or insists upon breaching any of the provisions in the above clauses.
15) CONFIDENTIALITY: Other than in the performance of the terms of this Agreement, neither Buyer nor its agents, employees, or subcontractors shall use or disclose to any person or entity any confidential information of Seller (whether written, oral, electronic or other form) that is obtained or otherwise prepared or discovered in connection with this Agreement. Buyer agrees that all pricing, discounts, design drawings and technical information that Seller provides to Buyer are the confidential and proprietary information of Seller, whether or not otherwise identified as such. The obligations under this section continue perpetually and survive the termination or expiration of any underlying agreement between the parties. The provisions of this section relating to use and disclosure shall not apply to any information that:
(a) is or becomes generally available to the public other than as a result of a disclosure by Buyer under this Agreement; (b) becomes available to Buyer from a source other than Seller without breach of any obligation of confidentiality; (c) was independently developed by Buyer without violation of Seller's rights and without reference to the confidential information, as evidenced by written records, maintained in the ordinary course of business by Buyer; (d) is used or disclosed with the prior written approval of Seller; (e) is information previously known to Buyer as evidenced by written records maintained by Buyer in the ordinary course of business, and not otherwise subject to any confidentiality restrictions; or (f) Buyer becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoenas, investigative demands or similar process) to disclose. If Buyer becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoenas, investigative demands or similar process) to disclose any of the confidential information, Buyer shall provide Seller with prompt written notice so that Seller may seek a protective order or other appropriate remedy or 10 - 8
waive compliance with the provisions of this Agreement. If such protective order or other remedy is not obtained, or if Seller waives compliance with the provisions of this Agreement, Buyer shall furnish only that portion of the confidential information which Buyer is legally required to disclose and shall exercise its reasonable efforts to obtain reliable assurance that confidential treatment shall be accorded the confidential information. Buyer shall not undertake any qualitative or quantitative analysis, reverse engineering or replication of any of Seller's products, samples or prototypes without Seller's specific written authorization.
16) MODIFICATION OF PROVISIONS: This Agreement cannot be modified except by agreement in writing signed by Seller.
17) MANAGEMENT OF CHANGE: Seller is constantly striving to improve its products and capabilities and to provide the best product to its customers. Seller may from time to time develop product improvements or alterations with respect to the Products hereunder (the 'Product Improvements"), and Seller may implement such Product Improvements without notice to Buyer so long as the performance of the Products will not be materially diminished, as determined in Seller's sole discretion, and so long as Seller has not separately agreed in writing to provide such notification to Buyer. In the event that Seller has agreed in writing to provide notice of Product Improvements to Buyer (the "Notice"), then Seller shall provide such Notice in accordance with the terms set forth in the separate writing.
18) APPLICABLE LAW AND JURISDICTION: This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. The UN Convention on Contracts for the International Sale of Goods shall not apply to the transaction(s) represented hereby. The parties consent and submit to the exclusive jurisdiction and service of process of any state or federal court located in Allegheny County, Pennsylvania. 19) MISCELLANEOUS:
(a) Neither party may assign this Agreement, including without limitation any of its rights or obligations hereunder, without the express written consent of the other party hereto; provided that Seller may, without Buyer's consent (i) assign this Agreement, including without limitation any of its rights or obligations hereunder, to any of its parents, subsidiaries or affiliates or to any third party which merges with Seller or acquires all or substantially all of its business and assets or a substantial part of its assets or business relating to the Products and (ii) use subcontractors (for which Seller shall be responsible).
(b) In the event of any legal proceeding between Seller and Buyer relating to this Agreement, neither party may claim the right to a trial by jury, and both parties waive any right they may have under applicable law or otherwise to a trial by jury.
(c) In the event that any one or more provisions (or portions thereof) contained herein shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions (or portions thereof) contained herein shall remain in full force and effect, unless the revision materially changes the bargain.
(d) Seller's failure to enforce, or Seller's waiver of a breach of, any provision contained in this Agreement shall not constitute a waiver of any other breach or of such provision.
(e) Seller reserves the right to correct clerical, arithmetical, or stenographic errors or omissions in this Agreement, quotations, order acknowledgments, invoices or other documents.
(f) Any notice or communication required or permitted hereunder shall be in writing and shall be deemed received when personally delivered or three (3) business days after being sent by certified mail, postage prepaid, to a party at the address specified in this Agreement, or at such other address as either party may from time to time designate to the other. (g) Buyer agrees that it will not use Seller's name(s), logo(s) or mark(s) in any public communication or press release, or for any other marketing or promotional purpose, without Seller's prior written consent. (h) Terms used in this Agreement which are not defined herein and which are defined by the Uniform Commercial Code of the Commonwealth of Pennsylvania shall have the meanings contained therein. 20) ENTIRE AGREEMENT: With respect to the subject matter hereof, this Agreement constitutes the complete and exclusive statement of the contract between Seller and Buyer. No waiver, consent, modification, amendment or change of the terms contained in this Agreement shall be binding unless made in writing and signed by Seller and Buyer. Seller's failure to object to terms contained in any subsequent communication from Buyer (whether in a purchase order or other communication) will not be a waiver or modification of the terms set forth herein.
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ATTACHMENT 2
SWRCB Resolution No. 2017-0042
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STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2017-0042
ADOPTING THE PROPOSED REGULATIONS FOR A 1,2,3-TRICHLOROPROPANE (1,2,3-TCP) MAXIMUM CONTAMINANT LEVEL (MCL) OF 5 PARTS PER TRILLION WHEREAS:

1. All public water systems are subject to regulations adopted by the State Water Resources Control Board (State Water Board) under the California Safe Drinking Water Act (Health & Safety Code, div. 104, pt. 12, ch. 4, §116270 et seq.);

2. The State Water Board is responsible for adopting primary drinking water standards, which include Maximum Contaminant Levels (MCLs);

3. Health & Safety Code section 116365 requires the State Water Board to set the MCL as close to the Office of Environmental Health Hazard Assessment (OEHHA)-published public health goal (PHG) as is technologically and economically feasible, placing primary emphasis on the protection of public health;

4. In 2009, OEHHA established a PHG for 1,2,3-Trichloropropane (1,2,3-TCP) of 0.7 parts per trillion (ppt) that is based on cancer risk;

5. On March 3, 2017, the State Water Board published a notice of proposed rulemaking pursuant to the requirements of the California Administrative Procedure Act (APA), initiating the mandatory 45-day public comment period, which ran from March 4 through April 21, 2017. Concurrently, the State Water Board released a Notice of Intent to adopt an Initial Study/Mitigated Negative Declaration (IS/MND) for public comment (SCH# 2017032015) pursuant to the California Environmental Quality Act (CEQA);

6. The State Water Board held a public hearing on April 19, 2017. The purpose and intent of the public comment period and public hearing was to receive verbal and written comments from the public on the proposed regulations in accordance with the APA;

7. Following the conclusion of the public comment period on April 21, 2017, State Water Board staff compiled, reviewed, and prepared draft responses to every comment received during the comment period in a “Draft Initial Response to Comments” table that was made available to the public;

8. Following the conclusion of the public comment period on April 21, 2017, State Water Board staff has compiled, reviewed, and responded to every comment received during the comment period;

9. Based on the staff evaluation, none of the public comments resulted in modifications to the proposed regulations or the IS/MND, and no additional public comment period was required under the APA or CEQA;

10. The IS/MND reflects the State Water Board’s independent judgment and analysis. After considering the document and comments received during the public review process, the State Water Board hereby determines that the proposed project, with the mitigation measures described therein, will not have a significant effect on the environment. The documents or other material, which constitute the record, are located at the State Water Board;
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2 11. Minor modifications to the Initial Statement of Reasons (ISOR) and final responses to all comments that were received during the public comment period will be prepared to conform to action taken at the board meeting and contained in the Final Statement of Reasons (FSOR), and submitted to the Office of Administrative Law (OAL) as part of the regulations package;

12. All elements of the regulatory package are posted on the program webpage at:
http://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/123TCP_SBDDW17-001.shtml; and

13. Written comments received during the public comment period are available at:
https://www.waterboards.ca.gov/public_notices/comments/trichloropropane/.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts the IS/MND for the proposed regulations, and will include as a condition in the amended permits to drinking water systems mitigation measures necessary to reduce or eliminate significant impacts on the environment. The State Water Board directs staff to file a Notice of Determination within five days from the issuance of this resolution;

2. The State Water Board adopts the proposed regulations for a 1,2,3-TCP MCL of 5 ppt, which will make modifications to Title 22, California Code of Regulations, Sections 64444, 64445, 64445.1, 64447.4, 64465, and 64481;

3. The State Water Board Executive Director shall sign Form 400 and State Water Board staff shall submit the adopted regulations to OAL for filing with the Secretary of State; and

4. If, prior to OAL filing the regulations with the Secretary of State, State Water Board staff, the State Water Board, or OAL staff determine that non-substantive corrections to the language of the regulations or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director may make such changes.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on July 18, 2017.

AYE: Chair Felicia Marcus
Vice Chair Steven Moore
Board Member Tam M. Doduc
Board Member Dorene D’Adamo
Board Member E. Joaquin Esquivel
NAY: None
ABSENT: None
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
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City Council
Agenda Report

ITEM NO. ____
DATE: June 17, 2020
FROM: Stephanie DeWolfe, City Manager
PREPARED BY: Shahid Abbas, Public Works Director
Garrett Crawford, Public Works Operations Manager
SUBJECT: Approve an Agreement with Empire Pipe Cleaning and Equipment Inc. for 2020 Sewer System Closed Circuit Television Inspection and Cleaning Project in an Amount Not-to-Exceed $502,920
Recommended Action
It is recommended that the City Council:

1. Accept a bid dated May 14, 2020 from Empire Pipe Cleaning and Equipment Inc. for the 2020 Sewer System Closed Circuit Television (CCTV) Inspection and Cleaning Project (Project);

2. Authorize the City Manager to enter into an agreement with Empire Pipe Cleaning and Equipment Inc., for a bid amount of $457,200;

3. Authorized a construction contingency ten percent in the amount of $45,720 for a total amount of $502,920; and

4. Authorize a budget amendment to transfer $502,920 from the Sewer Fund reserve to Sewer Account No. 210-9000-9000-9010-000
Discussion/Analysis
On January 1, 2020, the City of South Pasadena approved a contract award to Carollo Engineers Inc. to complete the Integrated Water and Wastewater Management Plan (IWWMP). As part of the IWWMP, the Consultant will be developing a comprehensive multi-year capital improvement program for the sewer system improvements. Between 2014 and 2017, the City rehabilitated approximately 60% of the collection system as part of a two-phase sewer rehabilitation project. To prioritize capital improvements for the City's sewer system moving forward, updated sewer videos and condition assessments are required. The Consultant will utilize this data to access the existing condition of sewer system and suggest necessary improvements to be included in IWWMP.

In compliance with the South Pasadena Municipal Code (SPMC), the Project was advertised for bids on the City's website and in the South Pasadena Review in April 2020. Subsequently, the City received the following six proposals:
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Agreement with Empire Pipe Cleaning and Equipment, Inc.

June 17, 2020

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Contractor Total Bid Amount
Empire Pipe Cleaning and Equipment, Inc. $457,200
Tunnel Works $455,756
NorCal $529,610
National Plant $614,606
ProPipe $727,613
Downstream Incomplete Proposal
Empire Pipe Cleaning and Equipment Inc. (Empire) submitted the most qualified responsive bid.

Empire was selected based on vast experience with longevity, optimal construction scheduling accommodating the City’s need and cost. To verify the quality of the work, staff checked the contractor's references and found their work performances to be satisfactory. Empire proposal did not reflect the lowest cost, however since they were the most qualified proposer, the City negotiated their price down from $492,200 to $457,200. Based on their experience, references, and cost, Staff's recommendation is to award the Project to Empire. The expected Project completion is 100 working days.

Background
The City's sewer collection system consists of approximately 306,240 linear feet (58 miles) of sewer pipelines. Of the pipelines, nearly 90% are 8-inch diameter vitrified clay pipe (VCP), and the balance are of various sizes up to 16-inches. The City has a lift station at the Arroyo South Park restrooms installed approximately ten years ago, a lift station at the Mission Meridian Parking Garage installed in 2003, as well as a lift station and force main at the Arroyo Seco Golf Course installed in July 2016. The City presently does not own or operate any pump stations or treatment facilities.

Between 2008 and 2012, the City conducted a system-wide CCTV inspection of the sewer network, identified defects, and prioritized improvements based on condition ratings. Starting in 2013, these results were prioritized, and improvements were designed into a multi-phase sewer system rehabilitation plan. Between 2014 and 2017, the City rehabilitated approximately 60% of the collection system. Specifically, 173,860 linear feet (33 miles) were rehabilitated with trenchless cured-in-place-pipe (CIPP) technology and spot repairs; and 5,988 linear feet (1.13 miles) were replaced by open trench construction. As part of this effort, the City had also acquired as-built information and digital files, which contain detailed pipeline information (e.g., length, diameter, slope, material, condition, etc.).

Prior to the rehabilitation effort, the City's collection system was generally between 60 to 90 years old. The City also had experienced some sewer overflows due to sewer defects and root intrusion. Today, the City's system is performing satisfactorily; however, the City desires to modernize its tools and employ a more systematic approach to maintaining its sewer system. 11 - 2
Agreement with Empire Pipe Cleaning and Equipment, Inc.

June 17, 2020

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Legal Review
The City Attorney has reviewed this item.

Fiscal Impact
This Project is not included in the current capital improvement plan budget; however, there is sufficient funding in the Sewer reserve fund to be transferred to the Sewer fund Account No. 210-9000-9000-9010-000 to fund the Project. No General Fund funding is required for this Project. The results of the IWWMP sewer improvements will be prioritized into future capital improvement plans. The Sewer fund can only be utilized for the operation and maintenance of the sewer system.

Environmental Analysis
This Project is exempt from any 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." Public Notification of Agenda Item
The public was made aware that this item was to be considered this evening by virtue of its inclusion on the legally publicly noticed agenda, posting of the same agenda and reports on the City's website and/or notice in the South Pasadena Review and/or the Pasadena Star-News.

Attachment: Agreement with Empire
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ATTACHMENT 1
Empire Pipe Cleaning and Equipment Inc.

Maintenance Agreement
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MAINTENANCE AGREEMENT
Providing Payment of Prevailing Wages
(City of South Pasadena / Empire Pipe Cleaning and Equipment Inc.)

1. IDENTIFICATION
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of South Pasadena, a California municipal corporation (“City”), and Empire Pipe Cleaning and Equipment Inc.(“Contractor”).

2. RECITALS

2.1. City has determined that it requires the following construction services from a contractor: Citywide sewer closed circuit television (CCTV) inspection and cleaning.

2.2. Contractor 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. Contractor 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.

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 professional services as are set forth in Contractor’s May 14, 2020, proposal to City attached hereto as Exhibit A, as well as the plans for the project attached hereto as Exhibit B, both of which are incorporated herein by this reference.

3.2. “Agreement Administrator”: The Agreement Administrator for this project is Shahid Abbas, 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 Five hundred two thousand two hundred Dollars ($457,200) attached hereto as Exhibit C, Cost Breakdown, which is incorporated herein by this reference.

3.4. “Commencement Date”: June 17, 2020.
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3.5. “Termination Date”: December 31, 2020

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.

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

5.3. 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.

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

5.5. 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.).

5.6. 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. Garrett Crawford, Public Works Operations Manager, 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. 11 - 6

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5.7. 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.

5.8. 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.

5.9. 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.

5.10. 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 11 - 7

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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 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 11 - 8

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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, 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 perjury, 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.

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). 11 - 9

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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 law. 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.

11. INDEMNIFICATION
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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 are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

12. INSURANCE
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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: 2020 Sewer System Closed Circuit Television (CCTV) Inspection and Cleaning Project
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

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
• Workers' Compensation:
• Workers' Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
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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.

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

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

12.5. Worker’s Compensation Insurance. Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and 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 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 11 - 13

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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 (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. 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: Garrett Crawford Public Works, South Pasadena, CA 95945.

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.

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.
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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.

If to City:

Shahid Abbas
City of South Pasadena
Public Works
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7240
Facsimile: (626) 403-7241
If to Contractor:

Craig Van Thyne
Empire Pipe Cleaning and Equipment Inc.
1788 N. Neville Street
Orange, CA 92856
Telephone: (714) 639-8352
Facsimile: (714) 283-8578
With courtesy copy to:

Teresa L. Highsmith, Esq.

South Pasadena City Attorney
Colantuono, Highsmith & Whatley, PC
300 South Grand Ave., Ste. 2700
Los Angeles, CA 90071-3137
Telephone: (213) 542-5700
Facsimile: (213) 542-5710

15. SURVIVING COVENANTS
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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 five 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 30 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.

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.

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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.

17.6. 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.

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. Further, 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. 11 - 17

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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 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.

18.11. 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. 11 - 18

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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of South Pasadena
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Contractor”
Empire Pipe Cleaning and Equipment Inc.

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

By:__________________________________
Evelyn G. Zneimer, City Clerk
Date:________________________

Approved as to form:

By:__________________________________
Teresa L. Highsmith, City Attorney

Date:________________________
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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. ______________________________
[Name and Title]
[Date]
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Exhibit A
Scope of Services

SEWER SYSTEM OVERVIEW
The City of South Pasadena’s (City) sewer collection system consists of approximately 306,240 linear feet (58 miles) of sewer pipelines. Of the pipelines, nearly 90% are 8-inch diameter vitrified clay pipe (VCP), and the balance are of various sizes (6", 10", 12",15", 18", etc.). The City has a lift station at the Arroyo South Park restrooms installed approximately ten years ago, a lift station at the Mission Meridian Parking Garage installed in 2003, as well as a lift station and force main at the Arroyo Seco Golf Course installed in July 2016. The City presently does not own or operate any pump stations or treatment facilities.

The City's sewer system was lined and or repaired in 2018; see the table below. The City has approximately 306,240 linear feet of predominantly 8-inch pipe and upwards of 16-inch pipe.

Replacement by
CIPP Lining Open Trench Number of Point
Pipe Diameter (linear feet / no. of (linear feet / no. of Repairs (In-situ and (inch) segments) segments) Excavation)
6 780 / 3 3,684 / 18 1
8 155,320 / 514 2,298 / 12 64
10 8,065 / 27 0 2
12 3,995 / 10 0 1
15 5,024 / 14 0 0
18 676 / 3 0 0
Total 173,860 / 571 5,988 / 30 68

SCOPE OF SERVICES
The Work consists of furnishing all materials, equipment, tools, labor, and incidentals required to complete the improvements shown on the Specifications and Contract Documents. The Work performed under this Contract is summarized in the Scope of Services. The Scope of Work includes, but is not limited to, each bid item listed in the Contractor's Bid Proposal, as specified herein, and as described in the corresponding items on the following pages. More specifically, the Work to be performed according to these specifications consists of sewer video inspection and cleaning of approximately 306,204 linear feet (58 Miles) of sewer lines varying from 8 inches to 16 inches. In addition, the sewer cleaning and inspections shall be performed in fifteen (15) easement sections per the plans in Exhibit B and per the locations in the Contractor’s bid proposal, Exhibit C.

The Contractor will be required to provide the City with the maintenance services as described below and shall describe his approach for each of these types of services in accordance with the directives in the descriptions of the types of services to be provided below.

A. General
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The Work to be done under this Contract shall include the furnishing of all labor, material, equipment, and permits necessary for the provision of the sewer system maintenance services as set forth in this Contract, including the Attachments attached hereto.

Contractor shall furnish all labor, material, equipment, permits, and supervision required for the annual cleaning of approximately 306,240 lineal feet of sanitary sewer mains ranging in diameter from 6- inch to 18-inch. All Work shall be performed on City rights-of-way or in City easements.

Contractor shall furnish all labor, material, equipment, permits, and supervision required for the annual closed-circuit television (CCTV) inspections of approximately 306,240 lineal feet of sanitary sewer mains. The inspection shall be performed and completed by the National Association of Sewer Service Companies (NASSCO), Pipeline Assessment and Certification Program (PACP), Manhole Assessment and Certification Program (MACP), and Lateral Assessment and Certification Program (LACP) certified operators. The locations of the sewer system CCTV inspections will be provided monthly. The inspection will be phased by geographic location and service area.

Contractor shall submit an emergency response plan with the bid to all emergencies within two (2) hours of notification or attempted notification. The emergency response plan shall detail the Contractor's Plan after the City's request for Contractor's service or attempted notification.

Contractor shall schedule his operations so as not to interfere with the public's use of the maintenance areas. Contractor shall conduct its operations so as to provide the maximum safety for the public and to offer the least possible obstruction and inconvenience to the public, or disruption to the peace and quiet of the area around which the services are performed.

Contractor shall be a licensed contractor in the State of California as a C-42, Sanitation Sewer Contractor.

The City will provide a laydown area for equipment to be discussed with the Contractor during the Kick off meeting and approved by the City in writing prior to storing any materials. The Contractor shall obtain a construction meter from the City’s Water Division to obtain water from City Fire Hydrants.

1. Closed Circuit Television ( CCTV) Inspection
Contractor's van's work area must be large enough for two (2) people to view a television monitor of the inspection procedure. The van shall be provided with means of controlling external and internal sources of light in a manner capable of ensuring that the monitor screen display is in accordance with the specifications.

Contractor's color television monitor must be available to view live camera action in the van. The displayed picture must be capable of providing a clear, stable image free of electrical interference.

Contractor's camera used for sewer pipeline inspections shall meet requirements for operating in the sanitary sewer environment. Digital cameras are required, and any analog video camera will 11 - 22

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be deemed unacceptable. The camera shall be capable of operating in 100 percent humidity, be waterproof, and be able to withstand long periods of submergence in wastewater. For conventional inspection camera systems, the camera must be able to pan, tilt and rotate, and have a minimum of 360 x 270-degree rotation. A variable intensity control of the camera lights and remote control adjustments for focus and iris shall be located at the monitoring station. The remote control of focus and iris will range from 1-inch to infinity. The conventional inspection camera system shall be able to produce a minimum of 460 lines of horizontal resolution and 400 lines of vertical resolution.

Contractor's lighting and camera quality shall be suitable to allow a clear in-focus picture of a minimum of ten linear feet of the entire periphery of the sewer pipe. The lighting for the camera shall minimize glare. Lighting sensitivity shall be 3 lux or less.

Contractor's camera shall be mounted on wheels, skids, or a tractor suitably sized for the pipe to be televised that will position the camera lens above the liquid flow line, near the center axis of the pipe. Any motorized transporters shall have adjustable speed control. The transporter shall be able to navigate around minor objects, roots, and debris. The televising may also be accomplished using camera equipment mounted on a raft or floating pontoon if the required pipe condition information cannot be obtained by tracked camera equipment within the maximum allowable flow depths. By no means shall the camera's transporter system obstruct the camera's view or interfere with proper documentation of the sewer conditions.

Contractor's cable and footage counter accuracy checks: A minimum 1,200 feet of TV cable on the spool reel shall be provided, and the cable shall be retracted to remove slack and to ensure accurate footage. Counters shall be checked regularly to ensure accuracy. All cable footage counts shall be in English units and accurate to plus or minus 1 foot per 100 feet. The cable footage counter shall be tested for accuracy every week.

Contractor's camera lens shall be kept clear of condensation and debris during the CCTV inspection. If, during a run, the camera lens becomes soiled or fogged, the CCTV Inspection shall be paused to clean the lens, even if this requires removing the camera from the line.

2. Sewer Line Cleaning for the Purpose of Inspection
Contractor shall provide two-person crews with a combination cleaning truck, including all cones, safety lighting, and signs necessary to complete the task. Contractor may use hydraulic cleaning methods. Contractor shall use Combination Sewer Cleaning Trucks capable of providing a minimum of 55 GPM flow and at a minimum pressure of 2,000 psi. Vacuum capability for removing debris shall be accomplished by fans or positive displacement.

The equipment selected for the cleaning of the sanitary lines shall be approved by the City Engineer or Project Manager. The cleaning trucks shall have the capability of reaching easements and have a hose capability of 1000 LF. Combination cleaning trucks are the preferred method of cleaning.

Vacuum systems with either centrifugal or positive displacement blower vacuum equipment suitable to remove debris at the downstream utility hole while jetting are required.

The City of South Pasadena has areas that have difficult access to water. The selected Contractor shall have a combination cleaning truck that has recycling features so that minimal water consumption shall be required.
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The equipment used by the Contractor must be well maintained, identified with Contractor's name and telephone number. Adequate backup equipment and safety lighting must be available on all trucks. Two-person crews are required for cleaning and maintenance.

Whenever hydraulically propelled cleaning tools (which depend on water pressure to provide their cleaning force or any tools which retard the flow of water in the sewer lines) are used, precautions shall be taken to ensure that the water pressure created does not cause any damage of flooding to public or private property.

Contractor shall use the appropriate nozzle or cutter head (e.g., high velocity, water jet, root cutter, etc.) to perform the sewer cleaning as required for the specified sewer line.

Sanitary sewer shall be cleaned by removing grit, loose solids, and grease. Leaving residual debris of no more than 5% of the pipe diameter, which should be sufficient to facilitate video inspection.

This criteria does not include the removal of hard spots such as minerals and cast-iron scale.

Additional passes shall be required on lines that contain heavy debris, grease, or roots. A root cutter or spinning nozzle shall be required to be utilized in these locations.

Cleaning methods shall be employed to sufficiently clean the pipe. The required cleaning will typically require two-pass cleaning of the cleaning truck, which should be sufficient in removing materials and debris. All utility holes shall be washed down while cleaning the sewer lines.

Contractor shall clean from the downstream utility hole to the upstream utility hole and pull the debris back to the downstream utility hole and vacuum any debris present. Reverse cleaning may be needed when the downstream utility hole is not accessible. The second crew member shall open the upstream utility hole cover while cleaning to verify that the nozzle has reached the upstream utility hole channel
All sludge, dirt, sand, rock, roots, grease, and other solid or semi-solid material resulting from the cleaning operations shall be removed at the downstream utility hole of the utility hole section being cleaned. Disposal of such debris shall be done at an appropriate site and be the responsibility of the Contractor. Passing material from utility hole section to utility hole section or to the treatment plant, which could cause stoppage of the lines, accumulation in wet wells, or damage to pumping equipment, shall not be permitted.

Contractor shall comply with all current health and safety laws and regulations (Federal, State, County, City, and Special Districts).

Contractor shall use a cleaning report form to record the location of the cleaning operation, the number of feet cleaned, and the conditions encountered for each section of sewer main cleaned.

Cleaning logs shall be submitted with monthly invoices as part of the approval process. Electronic formats shall be submitted at the same time.

Contractor shall provide confined space equipment and procedures per CAL OSHA Standards for those situations that require an entry. The Contractor is required to operate and maintain safety equipment and is responsible for all safety training of its crews. 11 - 24

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Contractor shall perform sewer cleaning services during the hours of 7:00 am to 4:00 pm Monday through Friday. Cleaning or inspection outside these hours shall first be approved by the City Engineer or Project Manager.

3. Pipeline Data Collection
Contractor's computer system required is POSM collection software using the latest version and shall be capable of documenting the inspections for sanitary sewer pipes and access structures by recording inspection findings in video and report format. This database standard includes but is not limited to indexing, processing inspection data, printing CCTV inspection reports, recording and storing videos and images as required for the data documentation requirements of these specifications.

All Contractor's CCTV operators performing the CCTV inspection shall be PACP certified by NASSCO's Pipeline Assessment and Certification Program. Each Contractor's CCTV inspection operator for the project must possess and submit a valid PACP Certificate with a certification number. The methodology of sewer pipe evaluation, data collection, and reporting criteria used for the NASSCO certification shall be practiced for the each CCTV inspection. The sequence of each CCTV Inspection shall be completed one segment at a time, pipe manhole-to-structure.

The preferred direction of CCTV Inspections shall be downstream with the flow of the pipe unless access to the upstream utility hole is not possible, or the camera cannot pass through the pipe from upstream utility hole to downstream structure in the direction of the flow, in which case a reverse setup inspection from downstream utility hole to upstream structure must be performed. CCTV inspections that require a reverse setup must be recorded as a new CCTV inspection and indicated as a "Reverse setup" in the POSM session header information. If a reverse setup attempt cannot be performed due to defect severity and "empty header" survey that has an "MSA" code must be provided w/ comments. This helps a lot w/ tracking on the back end to ensure that survey are attempted at least from both ends of the pipe.

Contractor's camera shall be moved through the line at a moderate rate, stopping when necessary to permit proper documentation of the sewer's condition. The camera shall stop at each service lateral and provide a view up the service line. When a defect or other feature is encountered and needs to be coded, the camera is panned to capture a clear observation, the defect coded, and still picture captured. In no case will the television camera be pulled at a speed greater than 30 feet per minute (0.5 foot per second). Under no circumstances shall the camera be tethered to a hydraulically propelled or high-velocity jet cleaning device.

The camera should be zeroed at the entrance of the pipe; pulled from NASSCO directly. The inspection of a pipe begins at the utility hole wall. The camera should be lowered into the utility hole and positioned in the invert of the utility hole at the pipe entrance.The importance of accurate distance measurement is emphasized. The television cable between the counter and the camera shall be taught at all times.

Maximum depth of flow for CCTV inspections shall be 20 percent of the pipe diameter. If the 11 - 25

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depth of flow is greater than 20%, then the CCTV inspection shall be performed during off-peak hours. If the flow is still above 20%, then the Contractor shall suspend inspection of that pipe segment and notify the Engineer.

Contractor shall provide comfortable viewing access to the videotape monitor during the video inspection taping to allow City's representative to compile a log of the inspection. City may make both scheduled and unannounced visits to CCTV inspection operations while Work is in progress.

Contractor shall be responsible for the quality of video and documented observations.

Contractor shall provide a list and bring to the attention of the city engineer any severe defects (PACP Grade 5 rating for Structure and/or Maintenance) discovered within seven calendar days of discovery. Contractor shall immediately notify the City Engineer or Project Manager of any pipes that are found to be collapsed or with the condition that requires immediate attention. If severe defects such as collapses, severe offset joints, or severe sags are encountered that preclude the inspection being completed in one direction, the Contractor shall attempt a reverse setup. If the entire segment cannot be inspected, the Contractor shall suspend the inspection and notify the Engineer within 24 hours. Upon removal of the obstruction, the Contractor shall complete the CCTV inspection.

If a buried utility hole or cleanout is encountered during the course of the CCTV inspection, then the Contractor shall notify the City and note the observation in the POSM assessment. Contractor shall submit to the City Engineer or Project Manager a list of access structures not found or inaccessible and inaccuracies at each Monthly Progress Meeting. If a new structure is found in the field, a temporary naming convention shall be used that is approved by City. (Typically, we would ask the contractors to add the start utility hole id _A.. when surveying downstream and _1 for upstream.)

4. Documentation of CCTV Inspection
All CCTV inspection data collected, including condition rating databases, videos, photos, and other information, must be provided in POSM – latest version. It is the Contractor's responsibility to review the existing POSM system prior to submitting inspection data to ensure that their data will successfully upload.

The POSM session information for each pipe segment shall be recorded in the NASSCO PACP template and shall indicate all the required information not limited to the surveyor name, certificate number, pipe segment reference, date and time, street, City, upstream utility hole, downstream utility hole, sewer use, direction of survey, height (diameter), shape, material, lining method, purpose, pre-cleaning, date cleaned, weather, and location code.

The City will provide wastewater collection system information from the City's GIS database. The information provided to the Contractor can be used to pre-populate the POSM session information.

Pipe segment assessments shall be recorded using the latest version of NASSCO PACP and POSM Software System. Comments shall be noted to document atypical conditions not otherwise described by the observation codes.
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There are 417 utility holes without invert information. Contractor is to provide the missing invert data as a portion of the GIS data gathering task of this proposal.

The purpose of digital CCTV inspection recording shall be to supply a visual and permanent record of the sewer condition. For conventional CCTV cameras, the recording shall be MPEG 4 and have a minimum resolution of 352 x 240 pixels and an interlaced frame of 30 frames per second.

Different frame and data rates are acceptable as long as similar or better image quality and acceptable file size are obtained.

Separate data files shall be created for each individual sewer pipe segment, or Pipe Segment ID.

In the case of multiple Pipe Segment IDs without an access structure between them, all Pipe segment IDs shall be noted in the session information If a reverse set up is required due to an obstruction, the reverse inspection shall be recorded in a separate data file.

The following information must be provided as screen text at the beginning of the video recording:

Project Information Pipe
• Project Name • Height (Diameter)
• Surveyor Name • Shape
• Certificate Number • Material
• Owner • Lining Method
• Customer • Total Length
• Pipe Segment Reference • Length Surveyed
• Date and time • Flow Control
• Street • Purpose
• City • Pre-Cleaning
Utility Hole • Date Cleaned
• Upstream MH • Weather
• Downstream MH • Location Code
• Sewer Use • Additional Info
• Direction of Survey • Location Details
All text should be clearly displayed on a contrasting background (e.g. white text on dark background). This text should be displayed for approximately 15 seconds or for the duration of the start-up narration, whichever is longer. If an inspection is being performed on consecutive pipe segments with the same setup, this information must be provided at the start of each pipe segment.

During conventional CCTV Inspections the running screen must include the following information:
• Upstream utility hole ID
• Downstream utility hole ID
• Date
• Time
• Pipe Size
• Running footage
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Digital video inspection files are to be part of the POSM inspection database that is copied onto a portable hard drive and provided to the City. Computer hard drive storage capacity for the CCTV inspections shall be adequate to minimize the number of hard drives required to store all inspection data. The audio and video shall be free of electrical interference. Digital video recording playback shall be at the same speed it was recorded. Hard drive labels shall be uniquely identified.

Contractor shall have lateral launch capability for evaluation of the residential or commercial laterals from the sewer mainline. Software collection system shall be POSM, and operators must be LACP Certified.

5. Environmental Mitigation
The Contractor shall comply with the following environmental mitigations:

All storm drains within and immediately adjacent to the project limits are to be protected from pollutants through the use of BMP's as directed by the City Public Works Department. BMP's will include but are not limited to placement of sandbags or other water containment devices and wet vacuuming of concrete residue during saw cutting and pressure washing operations.

Washing down of sediment, concrete residue, or any other debris to the storm drain is strictly prohibited by City Ordinance and State regulation of stormwater quality. The BMP's shall be furnished and installed by the Contractor, and no additional compensation will be allowed, therefore.

6. Traffic Control
The Contractor shall provide all traffic controls necessary to provide for the safe and expeditious movement of traffic, motorized and non-motorized (including pedestrian traffic), through the construction zones, as well as those necessary to provide for the safety of the workforce performing the construction per the Traffic Control Plans included in the project drawings. Two dedicated flagmen will be required whenever at least one lane of traffic cannot be maintained simultaneously in both directions of travel. Access to businesses and residences must be maintained.

The Contractor shall provide adequate pedestrian and vehicular traffic controls for the duration of the Work in accordance with the Contract Documents including Subsection 7-10 of the SSPWC, the Work Area Traffic Control Handbook (WATCH), Caltrans' Manual of Traffic Controls for Construction and Maintenance Work Zones (Chapter 5 of the Traffic Manual, hereafter "Manual of Traffic Controls"), and the City. The Contractor may obtain the Manual of Traffic Controls from Caltrans District 7, 120 South Spring Street, Los Angeles, California.

The Contractor shall include any temporary pavement necessary for the safe and expeditious movement of traffic at no additional charge.

All signage conflicting with required traffic control signage shall be removed or suitably covered. Said signs shall be replaced unless designated for removal or relocation on the Plan. 11 - 28

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This item shall include the temporary relocation of existing signs as necessary. Additionally, signs shall be posted directing pedestrians to the location of any relocated mailboxes.

Temporary pavement delineation shall be furnished, placed, maintained, and removed in accordance with the provisions in Section 12-3.01, "General," of the Caltrans Standard Specifications and these special provisions. Nothing in these special provisions shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls published by Caltrans or as relieving the Contractor from his responsibility as provided in the SSPWC. Temporary pavement delineation shall be either paint or tape unless otherwise approved by the Engineer.

Whenever the Work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place before opening the traveled way to public traffic.

Laneline or centerline pavement delineation shall be provided at all times for traveled days open to public traffic.

The Contractor shall perform all Work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation.

Temporary pavement markers and removable traffic type tape, which conflicts with a new traffic pattern or which is applied to the final layer of surfacing or existing pavement to remain in place, shall be removed when no longer required for the direction of public traffic, as determined by the Engineer.

B. Emergency Notification
The Contractor shall immediately notify the City Sewer Maintenance Division whenever any of the following conditions are observed at a work location: obstruction not allowing the cleaning device to pass: flow backup in the sewer; sewer overflow (of any quantity); partial or total pipe blockage; partial or total pipe collapse; piece of pipe (regardless of size) retrieved from the sewer; evidence of soil or backfill material in the sewer debris; or muddy water. The Contractor shall contact the City Maintenance Division Dispatcher (626) 403-7370 during normal business hours. After hours or on non-working days, the Contractor shall contact the Public Works Operations Manager at 213-706-9056. The Contractor shall indicate the location and nature of the problem.

C. Public Notifications
The Contractor shall, at all times, act to minimize the impact of Work on residences in the area, including noise and inconvenience of access to the property. If the City determines that resident notification is necessary, the City will provide the Contractor with a letter indicating the nature of the Contractor's Work. Also, this letter will state that the City has retained the Contractor's 11 - 29

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services. The Contractor shall photocopy and distribute copies of the letter to all residents that may be impacted by the Contractor's operations at least 24 hours in advance of performing Work. The letter shall include the date and approximate times that work shall be performed.

Hand-delivered letters shall not be placed in mailboxes. The Contractor shall bear costs to photocopy and distribute copies of the City's notification letter.

Should the City receive complaints about the Contractor's field operations, the Contractor shall alter the procedures to mitigate those complaints. The Contractor shall bear costs to mitigate complaints.

D.Meetings
The Contractor shall attend a kick-off meeting before starting the project to be determined by the City. The Contractor's representative shall be available to meet, when deemed necessary, with City staff at a mutually agreed upon time and place to review maintenance activities, operational and timing activities, pending Work, estimates, work quality, and any items related to Contractor's Work under this Contract.

E. Schedule
The Contractor to complete the services within one hundred (100) working days after the City has issued the Notice to Proceed. Upon Project completion, the Contractor shall transmit to the City all Project deliverables including videos, inspection reports, GIS files, etc. The final retention payment will not be released until all Project deliverables have been provided to the City. 11 - 30

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Exhibit B
Project Plans
Below is the list of Project Plans, which are incorporated by reference:

Map of the Sewer System
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City of South Pasadena Sewer System Map – Easement Locations 11 - 32

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Exhibit C
Cost Breakdown
Item Price Schedule:

Easement Cleaning Fee Schedule:
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City Council
Agenda Report ITEM NO. ____
DATE: June 17, 2020
FROM: Stephanie DeWolfe, City Manager
PREPARED BY: Joanna Hankamer, Director of Planning and Community Development Kanika Kith, Current Planning Manager
SUBJECT: Authorize the Professional Services Agreements with three on-call Planning Firms to assist with Major Project Review in the amount not to exceed of $50,000 per firm for a total not to exceed amount of $150,000 for all three, paid for by project applicants
Recommendation Action
It is recommended that the City Council authorize the City Manager to execute the Professional Services Agreements (PSAs) with three on-call Planning Firms to assist with Major Project Review in the amount not-to-exceed of $50,000 per firm.

Executive Summary
On December 4, 2019, the City Council adopted an ordinance establishing a Major Project Review process that allows the City to contract with planning firms with project specific expertise to review major or complex projects and assign the additional cost to project applicants. To continue to utilize this Major Project Review process, a Professional Service Agreement (PSA) is required between the City and each of the planning firms before a contract planner can proceed to work on a project.

Discussion/Analysis
The proposed PSAs are master contract agreements between the City and the three on-call planning firms, Rincon Consultants, Interwest Consulting Group, and MIG. Each PSA is in the amount not to exceed $50,000. Currently, Staff solicits requests for proposals for each Major Project Review, taking time for procurement each time a Major Project Review is initiated.

Once Master PSAs are executed, staff will be able to assign a dedicated contract planner from one of the three prequalified firms with project specific expertise to guide a project, under the oversight of the City staff, through the City’s review process. Each project applicant will be responsible for the actual costs of the contract planner working on the project and will advance a deposit to cover the costs of the contract planner plus 10% for the City’s administrative costs of overseeing the projects. The proposed PSAs would accelerate project review and approval at no cost to the City general fund, thereby helping the City meet State mandated timelines for review of development projects. In addition, it would improve customer service to project applicants. 12 12-1
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These three on-call planning firms were selected in June 2019 in response to a Request for Qualifications (RFQ) for On-call Planning and Entitlement Review Services in May 2019.

These are the only three planning firms that submitted Statement of Qualifications, which were reviewed in June 2019 and each firm was interviewed by the former Planning Director. All three multi-disciplinary planning firms have extensive experience in providing on-call planning services and have highly qualified teams of Planners.

Staff will initiate another RFQ later this fall to expand the City’s list of planning firms for Major Project Review.

Legal Review
The City Attorney has reviewed this item.

Fiscal Impact
No impact to the City’s general fund because the applicant will be responsible to reimburse the City for the costs of using a contract planner. The City will not bear any costs associated with Major Project Reviews.

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

Attachments:

1. Professional Services Agreement - Rincon Consultants, Inc.

2. Professional Services Agreement - Interwest Consulting Group, Inc.

3. Professional Services Agreement – MIG, Inc.
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ATTACHMENT 1
Professional Services Agreement
Rincon Consultants, Inc.
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PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (City of South Pasadena / Rincon Consultants, Inc.)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of South Pasadena, a California municipal corporation (“City”), and Rincon Consultants, Inc., a California corporation (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: As-needed, per-project basis, for expeditious review of development projects

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.

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” means such professional services as are set forth in Consultant’s Scope of Work to City attached hereto as “Exhibit A” and fully incorporated herein by this reference and as described below:

3.1.1 Consultant shall be required to enter into an Engagement Letter for each project for which Consultant is selected to provide services.

3.1.2 Engagement Letters shall define the scope of the work for the specific project, estimated schedule for completion, and estimated not-to-exceed cost for completing the project. Engagement Letters shall identify tasks to be performed and anticipated hours for each tasks.

3.1.3 Consultant acknowledges that the cost for services provided pursuant to any Engagement Letter shall be no greater than the not-to-exceed total compensation for the project unless the City has given specific advance approval in writing.

3.1.4 Consultant shall notify the City Agreement Administrator, in writing, when 12-4
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fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City 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 provided in the Engagement Letters.

3.1.5 At the time of entering into an Engagement Letter, the Consultant shall be required to furnish: 1) a copy of the Consultant’s current City of South Pasadena Business License, and 2) a current Certificate of Liability Insurance and Additional Insured Endorsement.

3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Fee Schedule attached hereto as “Exhibit B” and fully 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.

3.3 “Commencement Date” means June 18, 2020.

3.4 “Termination Date” means December 31, 2020.

3.5 “City Agreement Administrator” means Joanna Hankamer, Director of Planning and Community Development.

3.6 “Consultant Project Administrator” means Deanna Hansen, Principal.

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 18 (“Termination”) below.

5. CONSULTANT’S SERVICES

5.1 Time is of the essence in Consultant’s performance of services under this Agreement.

5.2 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to 12-5
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Consultant under this Agreement exceed the sum of fifty thousand dollars ($50,000.00) unless specifically approved in advance and in writing by City.

Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City 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 payable above.

5.3 Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).

5.4 Consultant represents that it has advised City in writing prior to the date of signing this Agreement of any 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.

5.5 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 both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.

5.6 Consultant represents that it 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. Deanna Hansen shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.

No other person shall serve as Consultant Project Administrator without City’s prior written consent.

5.7 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.
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5.8 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.

5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.

5.10 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the maximum amount payable above, 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. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.

6.3 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

6.4 Payments for any services requested by City and not included in the Scope of Services may be made to Consultant by City on a time-and-materials basis pursuant 12-7
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to the Approved Fee Schedule and without amendment of this Agreement, so long as such payment does not cause the maximum amount payable above to be exceeded.

7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) 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.

8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.

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.

Under no circumstances shall Consultant look to the City as its 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, workers’ compensation, and other applicable federal and state taxes.

9. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.

10. INDEMNIFICATION

10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any 12-8
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other cost arising out of or in any way related to the performance of this Agreement.

Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.

10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property 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 any of 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 or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses 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.

10.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

10.4 The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar statute.

Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 of this Agreement from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, 12-9
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reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

10.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.

10.7 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.

10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.

11. INSURANCE

11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.

11.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. 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. 12-10
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11.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:

11.3.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.

11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.

11.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.

11.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000).

11.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the City Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.

11.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

11.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.

11.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.

11.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with 12-11
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other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

11.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

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

11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.

11.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses.

11.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

11.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.

11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.

11.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
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11.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

12. MUTUAL COOPERATION

12.1 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.

12.2 If any claim, action, or proceeding 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, action, or proceeding.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.

14. RECORDS AND INSPECTIONS
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. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

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 the Agreement.
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15. 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.

16. 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:

Joanna Hankamer
City of South Pasadena
Planning and Building
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7220
Facsimile: (626) 403-7241
If to Consultant:

Deanna Hansen
Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, CA 90012
Telephone: (213) 788-4828
With courtesy copy to:

Teresa L. Highsmith, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd, Suite 850
Pasadena, California 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710

17. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2 and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.

18. TERMINATION

17.1. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant may terminate this Agreement for any reason on 12-14
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thirty calendar days’ written notice to City. 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 promptly returned to City upon the termination or expiration of this Agreement.

17.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then 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 as provided in Section 5.2 above and as otherwise provided in this Agreement.

18. GENERAL PROVISIONS

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

18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.

18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are 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 section or paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).

18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.

18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant. 12-15
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18.6 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. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

18.7 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 in its amended form shall be enforceable. 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 thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

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

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

18.10 Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.

Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national 12-16
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195264.1
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. Such action 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, Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City” “Consultant”
City of South Pasadena Rincon Consultants, Inc.

By:__________________________ By:_______________________________ Stephanie DeWolfe, City Manager Deanna Hansen, Principal Date:______________________ Date: June 3, 2020
Attest:

Date:_______________________
Approved as to form:

By__________________________________
Teresa L. Highsmith, City Attorney
Date: __________________________
12-17
"EXHIBIT A"

SCOPE OF WORK
A-1
195264.1
12-18

EXHIBIT A

SCOPE OF WORK
Upon authorization from the City and under the supervision of City Staff, Consultant shall provide planning services for managing and expediting planning applications. Tasks shall include, but not limited to the following:
• Application Completeness Review. As required under the Permit Streamlining Act, Consultant shall prepare a completeness review letter within 30 days of the City’s receipt of application. The letter shall be provided to the City for review and approval prior to 30-day deadline.
• Application Routing. Within three (3) days of Project Initiation, the Consultant shall organize application materials for routing to City departments and affected agencies.

The purposes of this routing are to 1) allow departments and agencies to review materials and to identify materials required for a complete application and 2) provide all City department and affected agencies an early look at the project to begin to identify any key issues of concern or additional information required of the applicants.

Consultant will circulate materials electronically to departments and affected agencies on the City’s standard routing form.
• Coordination and Communication. Consultant shall coordinate the review of entitlement applications with City staff and the applicant team. This will include scheduling of meetings to review project materials, circulation of work products to appropriate parties, maintaining log of project schedule, and other efforts as required. • Site Visit: If required for a specific project, Consultant shall conduct site visit(s). • Code and Design Conformance: Consultant shall review, analyze, and evaluate project for consistency with the General Plan and compliance with the Zoning Code/ Specific Plan, Cultural Heritage Ordinance, Secretary of the Interior’s Standards, and Design Guidelines. Consultant shall prepare comment/correction letter providing recommends for compliance with standards and guidelines for City review within two (2) weeks of submittal (or resubmittal).
• CEQA: Review project for conformance with the California Environmental Quality Act (CEQA) and prepare appropriate environmental document as needed.

Environmental documents, including, but not limited to, Initial Studies and Negative Declarations, notices, and response to comments as required by CEQA. If required, Consultant shall review for adequacy any Mitigated Negative Declaration or Environmental Impact Report, response to comments, and all related documents prepared by other consultants for the project.
• Technical Studies: Consultant shall review the adequacy of all technical studies (Historic Resource Evaluation Report, Biological Survey, Traffic Impact Analysis, etc.) related to the project.
12-19
• Tribal Consultations. If required for a specific project, the Consultant shall prepare all appropriate documents and conduct tribal consultations. • Community Outreach. If required for a specific application, Consultant shall develop outreach strategies and participate in and/or facilitate the outreach events. Deliverables may include: written analysis of finding and recommendations; graphics, charts, photographs, and electronic presentations; and handouts and presentations. Consultant shall prepare meeting summary and incorporate in the reports to the Planning Commission, Cultural Heritage Commission, Design Review Board, and/or City Council.
• Public Notices: Consultant shall prepare all public hearing notices (newspaper, postcard, on-site notices) for the project.
• Commission/Board/City Council Review. Consultant shall prepare the complete packets for Planning Commission, Cultural Heritage Commission, Design Review Board, and/or City Council hearings that include, but may not be limited to: staff report, conditions of approval, CEQA determination, resolution(s) and/or ordinance, associated project exhibits, and meeting presentation. These materials will be organized and presented in a form and format consistent with City practices and shall be submitted consistent with the City schedule. If an applicant’s project materials will not be available on schedule for timely delivery of a meeting packet, the Consultant shall consult with the City prior to deadlines to determine how to proceed. Consultant shall be available to consult with City staff prior to the public hearing and shall present the project to for consideration, unless decided otherwise by the City. If a project is appealed, Consultant shall be available to process the appeal. • Closeout of Application: Upon final action, Consultant shall prepare decision letters, final conditions of approval, notice of exemption/determination, other associated documents, and provide electronic stamped approved plans. Consultant shall provide an organized project file with all key documents at closeout (hardcopy and digital). 12-20
"EXHIBIT B"

FEE SCHEDULE
B-1
195264.1
12-21

EXHIBIT B

FEE SCHEDULE
B-1
195264.1
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195264.1
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Professional Services Agreement
(City of South Pasadena / Rincon Consultants, Inc.)
195264.1

NON-COLLUSION DECLARATION

TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the ____________________ of ____________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________________[date], at ____________________________[city], __________________[state].” __________________________________________
Signature
__________________________________________
Printed Name of Signatory
12-24
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(City of South Pasadena / Rincon Consultants, Inc.)
195264.1
WORKERS’ COMPENSATION

INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

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.

DATE: ______________________ __________________________________________ Contractor
By: __________________________________________
Signature
__________________________________________
Title
Attest:

By: __________________________________________
Signature
__________________________________________
Title
12-25
ATTACHMENT 2
Professional Services Agreement
Interwest Consulting Group, Inc.
12-26
Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (City of South Pasadena / Interwest Consulting Group, Inc.)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of South Pasadena, a California municipal corporation (“City”), and Interwest Consulting Group, Inc., a California corporation (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: As-needed, per-project basis, for expeditious review of development projects

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

3. DEFINITIONS

3.1.1 Consultant shall be required to enter into an Engagement Letter for each project for which Consultant is selected to provide services.

3.1.4 Consultant shall notify the City Agreement Administrator, in writing, when 12-27
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3.3 “Commencement Date” means June 18, 2020.

3.4 “Termination Date” means December 31, 2020.

3.5 “City Agreement Administrator” means Joanna Hankamer, Director of Planning and Community Development.

3.6 “Consultant Project Administrator” means Paul Junker, Planning Group Leader.

5. CONSULTANT’S SERVICES

5.1 Time is of the essence in Consultant’s performance of services under this Agreement.

5.2 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to 12-28
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South Pasadena City CouncilJune 17, 2024

South Pasadena City Council
June 17, 2024