Stanton City Council Agenda Prepared by the Office of the City Clerk September 13, 2022
AGENDA
CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY
JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, SEPTEMBER 13, 2022 - 6:30 P.M.
SAFETY ALERT – NOTICE REGARDING COVID-19
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
The health and well-being of our residents is the top priority for the City of Stanton, and you are urged to take all appropriate health safety precautions given the health risks associated with COVID-19. The City Council meeting will be held in person in the City Council Chambers located at 7800 Katella Avenue, California 90680.
ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.
Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245.
Stanton City Council Agenda Prepared by the Office of the City Clerk September 13, 2022
The City Council agenda and supporting documentation is made available for public review and inspection during normal business hours in the Office of the City Clerk, 7800 Katella Avenue, Stanton California 90680 immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes place on Thursday afternoons prior to the regularly scheduled meeting on Tuesday. The agenda packet is also available for review and inspection on the city’s website at www.ci.stanton.ca.us.
1. CLOSED SESSION None.
2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Van
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairman Ramirez
Mayor / Chairman Shawver
5. SPECIAL PRESENTATIONS AND AWARDS
Presentation of Parks California, Parks for Everyone, video production featuring Stanton Central Park and highlighting the efforts between City staff and Parks California to showcase how every person deserves to experience the mental, physical and emotional benefits of having a connection and access to natural and cultural public spaces.
6. CONSENT CALENDAR
All items on the Consent Calendar may be acted on simultaneously, unless a Council/Board Member requests separate discussion and/or action.
CONSENT CALENDAR
6A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE
PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED
RECOMMENDED ACTION:
City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
Stanton City Council Agenda Prepared by the Office of the City Clerk September 13, 2022
6B. APPROVAL OF WARRANTS
City Council approve demand warrants dated July 29, 2022 – August 25, 2022, in the amount of $2,261,539.52.
6C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – August 23, 2022.
6D. APPROVAL OF CONTRACT AMENDMENT #1 AMENDING CONTRACT WITH CALIFORNIA WATERS DEVELOPMENT, INC. DBA CALIFORNIA WATERS TO
PROVIDE SPLASH PAD MAINTENANCE SERVICES
California Waters Development, Inc. DBA California Waters has been providing professional splash pad maintenance services since December 2021, which includes routine maintenance and additional service repair work. Due to unforeseen additional service repairs conducted on the splash pads, the total compensation amount set forth by the Agreement has been reached prior to the expiration of the term on November 30, 2022. As such, City staff is requesting a contract amendment to increase total compensation. If approved, the first amendment would increase the total compensation from $20,000 to $35,000.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b); and
2. Approve the First Amendment to the existing agreement with California Waters Development, Inc. DBA California Waters and allow the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorize the City Manager to execute the First Amendment to the existing Agreement with California Waters Development, Inc. DBA California Waters.
Stanton City Council Agenda Prepared by the Office of the City Clerk September 13, 2022
6E. PROFESSIONAL SERVICES AGREEMENT FOR PROCESSING OF PARKING AND
ADMINISTRATIVE CITATIONS WITH TURBO DATA SYSTEMS
Staff is recommending that the City enter a Professional Services Agreement (PSA) with Turbo Data Systems, in an amount not to exceed $40,000 annually for processing parking and administrative citations to cover the period from July 1, 2022, to June 30, 2024. The City currently uses Turbo Data Systems for this service and entering the PSA would continue the existing service.
RECOMMENDED ACTION:
1. City Council find that this item is not subject to California Environmental Quality Act ("CEQA") pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Approve the Professional Services Agreement with Turbo Data Systems for processing of parking and administrative citations to cover the period from July 1, 2022, to June 30, 2024; and
3. Authorize the City Manager to execute the Professional Services Agreement with Turbo Data Systems for processing of parking citations. 6F. CITY SPONSORSHIP REQUEST – STANTON COMMUNITY FOUNDATION
MONTHLY BOARD MEETINGS
Per the City Sponsorship Program, the Stanton Community Foundation is requesting monthly meeting space at a City facility. The sponsorship request is for in-kind consideration valued at $360. At its meeting of August 23, 2022, the City Council directed staff to bring all sponsorship requests to the Council for consideration until further notice.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Determine status of the Stanton Community Foundation’s sponsorship request for a total in-kind value of $360.
Stanton City Council Agenda Prepared by the Office of the City Clerk September 13, 2022
6G. CITY SPONSORSHIP REQUEST – FRIENDS OF FAMILIES MYANMAR
DEMOCRACY AWARENESS RALLY
Per the City Sponsorship Program, Friends of Families is requesting sponsorship of the Myanmar Democracy Awareness Rally on September 30, 2022 through the use of the City Hall restroom facilities and podium. The sponsorship request is for in-kind consideration valued at $160. At its meeting of August 23, 2022, the City Council directed staff to bring all sponsorship requests to the Council for consideration until further notice.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Determine status of the Friends of Families sponsorship request for a total in-kind value of $160.
6H. CITY SPONSORSHIP REQUEST – FRIENDS OF FAMILIES MONTHLY FOOD DRIVES
Per the City Sponsorship Program, Friends of Families is requesting sponsorship of their monthly food drives beginning September 2022 through June 2023 through the use of the City Hall restroom facilities and traffic control equipment. The sponsorship request is for in-kind consideration valued at $2,800. At its meeting of August 23, 2022, the City Council directed staff to bring all sponsorship requests to the Council for consideration until further notice.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Determine status of the Friends of Families sponsorship request for a total in-kind value of $2,800.
END OF CONSENT CALENDAR
7. PUBLIC HEARINGS None.
Stanton City Council Agenda Prepared by the Office of the City Clerk September 13, 2022
8. UNFINISHED BUSINESS
8A. AMERICAN RESCUE PLAN ACT (ARPA) ALLOCATION OF FUNDS Staff will provide an American Rescue Plan Act (ARPA) presentation regarding the proposed final allocation of the City’s ARPA funds. Staff is seeking Council approval or direction on the proposed allocation plan.
RECOMMENDED ACTION:
1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and
2. Approve or provide direction to staff on the proposed allocation plan for the remaining unencumbered ARPA funds.
9. NEW BUSINESS
9A. RESPONSE TO THE 2021-2022 ORANGE COUNTY GRAND JURY REPORT DATED JUNE 23, 2022, ENTITLED, “WHERE HAVE ALL THE CRVS GONE?” On June 23, 2022, the Orange County Grand Jury released a report entitled “Where Have All the CRVs Gone?” (Attachment A). The purpose of the report was to examine the lack of redemption sites and the innovative programs being piloted to return California Redemption/Refund Value (CRV) dollars to Orange County consumers.
California Penal Code Sections 933 and 933.05 require any public agency that the Grand Jury reviews respond to the findings and recommendations of the Grand Jury Report. The City’s proposed response letter responds to each of the applicable findings and recommendations (Attachment B).
RECOMMENDED ACTION:
1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 32, and Section 15332; and
2. Authorize the Mayor to sign the response letter to the Orange County Grand Jury related to the findings and recommendations contained in the June 23, 2022, report entitled “Where Have All the CRVs Gone?”.
Stanton City Council Agenda Prepared by the Office of the City Clerk September 13, 2022
9B. RESPONSE TO THE 2021-2022 ORANGE COUNTY GRAND JURY REPORT DATED JUNE 17, 2022, ENTITLED, “HOW IS ORANGE COUNTY ADDRESSING HOMELESSNESS?”
On June 17, 2022, the Orange County Grand Jury released a report entitled “How is Orange County Addressing Homelessness?” (Attachment A). The purpose of the report was to study the Orange County Continuum of Care to understand how the County is working to address homelessness. California Penal Code Sections 933 and 933.05 require any public agency that the Grand Jury reviews respond to the findings and recommendations of the Grand Jury Report. The City’s proposed response letter responds to each of the applicable findings and recommendations (Attachment B).
RECOMMENDED ACTION:
1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 32, and Section 15332; and
2. Authorize the Mayor to sign the response letter to the Orange County Grand Jury related to the findings and recommendations contained in the June 17, 2022, report entitled “How is Orange County Addressing Homelessness?”. 9C. APPROVAL OF SECOND AMENDMENT EXTENDING THE CONTRACT WITH QUALITY MANAGEMENT GROUP, INC. TO PROVIDE PROPERTY MANAGEMENT
CONSULTING SERVICES
Quality Management Group, Inc. (Quality Management) has been providing property management consulting services for the Stanton Housing Authority-owned properties within the Tina-Pacific neighborhood since 2020. The professional services agreement expired on July 1, 2021. If approved, this Second Amendment will extend the term of the agreement through June 30, 2023. Quality Management would also like to provide an update on their services.
RECOMMENDED ACTION:
1. Stanton Housing Authority/City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and
2. Approve the Second Amendment to the existing agreement with Quality Management Group, Inc. and allow the City Attorney/Authority Counsel to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorize the City Manager/Executive Director to execute the Second Amendment to the existing agreement with Quality Management Group, Inc.
Stanton City Council Agenda Prepared by the Office of the City Clerk September 13, 2022
10. ORAL COMMUNICATIONS - PUBLIC
At this time members of the public may address the City Council/Successor Agency/Stanton Housing Authority regarding any items within the subject matter jurisdiction of the City Council/Successor Agency/Stanton Housing Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the Council/Agency/Authority during Oral Communications-Public or on a particular item are requested to fill out a REQUEST TO SPEAK form and submit it to the City Clerk. Request to speak forms must be turned in prior to Oral Communications-Public.
• When the Mayor/Chairman calls you to the microphone, please state your Name, slowly and clearly, for the record. A speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items.
Speakers are then to return to their seats and no further comments will be permitted. • Remarks from those seated or standing in the back of chambers will not be permitted. All those wishing to speak including Council/Agency/Authority and Staff need to be recognized by the Mayor/Chairman before speaking.
11. WRITTEN COMMUNICATIONS None.
12. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS At this time Council/Agency/Authority Members may report on items not specifically described on the agenda which are of interest to the community provided no discussion or action may be taken except to provide staff direction to report back or to place the item on a future agenda.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY
SESSION
At this time Council/Agency/Authority Members may place an item on a future study session agenda.
Stanton City Council Agenda Prepared by the Office of the City Clerk September 13, 2022
13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL
14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
14A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.
15. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 8th day of September, 2022. s/ Patricia A. Vazquez, City Clerk/Secretary
July 29, 2022 - August 25, 2022
Electronic Transaction Nos. $ 1,538,958.19
Check Nos. $ 722,581.33
TOTAL $ 2,261,539.52
/s/ Hannah Shin-Heydorn
Demands listed on the attached registers are
accurate and funds are available for payment
thereof.
City Manager
Demands listed on the attached registers conform to
the City of Stanton Annual Budget as approved by
the City Council.
CITY OF STANTON
ACCOUNTS PAYABLE REGISTER
2030-2075
135452-13553
Finance Director
/s/ Michelle Bannigan
Item: 6B
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Joint Regular Meeting – August 23, 2022 - Page 1 of 11
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MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY
OF THE CITY OF STANTON
JOINT REGULAR MEETING AUGUST 23, 2022
1. CLOSED SESSION None.
2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY /
HOUSING AUTHORITY JOINT REGULAR MEETING
The City Council / Successor Agency / Housing Authority meeting was called to order at 6:30 p.m. by Mayor / Chairman Shawver.
3. PLEDGE OF ALLEGIANCE
Led by Ms. Elizabeth Ash.
4. ROLL CALL
Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Van, Council/Agency/Authority Member Warren, Mayor Pro Tem/Vice Chairman Ramirez, and Mayor/Chairman Shawver.
Absent: None.
Excused: None.
5. SPECIAL PRESENTATIONS AND AWARDS
5A. Mayor Shawver and Members of the City Council proclaimed the month of September 2022 to be Hunger Action Month within the City of Stanton and presented a proclamation to the Second Harvest Food Bank and the Orange County Community Action Partnership Alliance (CAPP OC), Ms. Kelly Alesi, Director of Sourcing, Logistics, and Sustainability, Second Harvest Food Bank and Mr. Jesse Landeros, Sr., Associate Director of Food Bank Operations, CAPP OC.
5B. Presentation by Mr. Eric O’Donnell, Deputy Director, Townsend Public Affairs, providing the City Council with an update on State and Federal Legislation.
Item: 6C
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6. CONSENT CALENDAR
Motion/Second: Ramirez/Van
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Van AYE
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairman Ramirez AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:
CONSENT CALENDAR
6A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON
THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER
READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated July 15, 2022 – July 28, 2022, in the amount of $2,966,434.63.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – July 26, 2022.
6D. 2022 ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE
APPOINTMENT OF VOTING DELEGATE AND VOTING DELEGATE ALTERNATE The League of California Cities Annual Conference and Expo is scheduled for September 7 – 9, 2022 in Long Beach. The League's Annual Business Meeting is scheduled to be held on September 9, 2022. At this meeting, the League membership considers and takes action on proposed bylaws and resolutions that establish League policy. In order to vote at the Annual Conference / Annual Business Meeting, the City Council must designate a voting delegate and/or voting delegate alternate whom will determine the City’s position on each proposed bylaw and/or resolutions so that the voting delegate can represent the City’s position.
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1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Authorized Mayor David J. Shawver and Council Member Hong Alyce Van to attend the League of California Cities Annual Conference and Expo, scheduled for September 7 – 9, 2022 in Long Beach; and
3. Designated Council Member Hong Alyce Van as the voting delegate and Mayor David J. Shawver as the voting delegate alternate to serve as the City’s representatives at the 2022 League of California Cities Annual Conference and Expo in Long Beach; and
4. Directed the voting delegate and voting delegate alternate to review and determine the City’s position on each proposed bylaw amendment and/or proposed petitioned resolutions, so that the voting delegates can represent the City’s position at the 2022 Annual League of California Cities Business meeting. 6E. JUNE 2022 INVESTMENT REPORT
The Investment Report as of June 30, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Received and filed the Investment Report for the month of June 2022. 6F. JUNE 2022 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of June 30, 2022, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
1. The Successor Agency finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Received and filed the Investment Report for the month of June 2022.
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6G. AWARD OF CONTRACT TO PBK TO PROVIDE PROFESSIONAL DESIGN AND
CONSTRUCTION SUPPORT SERVICES FOR THE NORM ROSS SPORTS PARK PROJECT (TASK CODE 2022-204)
In December 2021, the City was awarded $7,691,059 in grant funding from the State of California through the Proposition 68 Statewide Park Program for the design and construction of the Norm Ross Sports Park (Park) on Garden Grove Unified School District property adjacent to Carver Elementary School. Subsequently, in April 2022, City staff released a Request for Proposal (RFP) soliciting proposals to provide professional design and construction support services for the Park. The proposed scope of work includes preparing preliminary and final design plans, construction bid documents and specifications, and providing construction support services such as responding to requests for information during the construction phase. City staff recommends awarding a contract to PBK in an amount not to exceed $640,000 for these services.
1. The City Council declared this project will require the preparation of a Mitigated Negative Declaration under the California Environmental Quality Act; and
2. Awarded a contract to PBK to provide professional design and construction support services for a maximum contract amount of $640,000; and
3. Authorized the City Manager and the City Attorney to make edits to the professional services agreement as necessary; and
4. Authorized the City Manager to bind the City of Stanton and PBK in a contract to provide the services; and
5. Authorized the City Manager to approve contract change orders and contract amendments with PBK, as needed and determined by City staff, for any contingencies up to $64,000 (10% of the contract amount). 6H. APPROVAL OF FIRST AMENDMENT EXTENDING AND AMENDING THE
CONTRACT WITH ATLAS PLANNING SOLUTIONS FOR THE PREPARATION
OF A LOCAL HAZARD MITIGATION PLAN
Atlas Planning Solutions has been providing consulting services for the preparation of a Local Hazard Mitigation Plan (LHMP). The LHMP is currently in the review and revision process required by federal and state law. The professional services agreement expired on June 30, 2022. If approved, this First Amendment will extend the term of the agreement through June 30, 2023.
1. The City Council declared that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and
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2. Approved the First Amendment to the existing agreement with Atlas Planning Solutions and allowed the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorized the City Manager to execute the First Amendment to the existing agreement with Atlas Planning Solutions.
6I. LANDSCAPE MAINTENANCE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ADJACENT TO 12200 BEACH
BOULEVARD
The development of the property at 12200 Beach Boulevard (Bonanni Development’s Bigsby Townhome Project) will include landscaping in a future parkway area along Beach Boulevard. The California Department of Transportation (Caltrans) owns the right-of-way where the landscaping will be placed and the parkway area will be created. They are requiring the City enter into an agreement to maintain this landscaping in the event it is not properly maintained by the adjacent property owner (“Caltrans Landscape Maintenance Agreement”). To protect the City’s interests, City staff recommends a companion City Landscape Maintenance Agreement transferring landscape maintenance responsibility from the City to the adjoining property owner.
1. The City Council declared that the project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping; and
2. Approved the Caltrans Landscape Maintenance Agreement, subject to revisions deemed necessary by the City Attorney and the Public Works Director, to maintain the landscape improvements in the public right-of-way on Beach Boulevard; and
3. Authorized the Mayor and City Manager to bind the City of Stanton and Caltrans in said agreement; and
4. Authorized the City Manager to bind the City of Stanton and the developer in a companion City Landscape Maintenance Agreement, subject to revisions deemed necessary by the City Attorney and the Public Works Director, to transfer landscape maintenance responsibility from the City to the adjoining property owner.
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6J. ACCEPTANCE OF GRANT DEED EASEMENT FOR SANITARY SEWER PURPOSES OVER THE ALLEY AT THE REAR OF 7931 LAMPSON AVENUE The City Engineer recommends that the City Council accept the grant deed easement for sanitary sewer purposes from the Garden Grove Sanitary District located over the alley at the rear of 7931 Lampson Avenue (APN 131-361-12).
1. The City Council accepted the grant deed easement for sanitary sewer purposes from the Garden Grove Sanitary District; and
2. Authorized the Mayor and City Clerk to sign the Certificate of Acceptance for the grant deed easement; and
3. Authorized the City Clerk to submit the grant deed easement for sanitary sewer purposes to the Orange County Clerk-Recorder for recordation; and
4. Declared that the project is categorically exempt under the California Environmental Quality Act, Sections 15378 and 15060(c)(3) because acceptance of an offer of dedication for an existing facility does not have potential for resulting in either a direct physical change in the environment and is not a project in accordance with CEQA.
6K. RENEWAL OF AUTHORIZATION FOR VIRTUAL PUBLIC MEETINGS PURSUANT TO AB 361
Consideration of the circumstances of the state of emergency related to the COVID19 pandemic to determine whether remote teleconference meetings of the City Council, Committees, and Commissions can continue to be held under the provisions of AB 361.
1. The City Council declared that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and
2. Reconsidered the circumstances of the state of emergency; and
3. Finds that state or local officials have continued to impose or recommend measures to promote social distancing; and
4. Directed staff, no later than 30 days after the City Council approves the recommended action, to report back on the state-proclaimed state of emergency so that City Council may reconsider the circumstances of the emergency, and, if appropriate, make findings to continue to hold virtual meetings of City legislative bodies pursuant to AB 361.
END OF CONSENT CALENDAR
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7. PUBLIC HEARINGS None.
8. UNFINISHED BUSINESS None.
Mayor Shawver requested to hear Item 10, Oral Communication out of order.
Motion/Second: Shawver/Ramirez
Motion carried by the following vote:
AYES: 5 (Ramirez, Shawver, Taylor, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:
The Mayor and City Council authorized the request, Oral Communication Item 10 was heard out of order.
10. ORAL COMMUNICATION (Heard out of order)
• Ms. Melissa Saldana, resident, spoke regarding her concerns with extensive damage to her adjoining back wall caused by the KB Homes Development on Katella Avenue and Western Avenue, improper grading along her adjoining back wall, causing her adjoining back wall to be waist high to parking along the wall on the KB Homes side altering the privacy and safety of her home, and the newly installed streetlights within the development shining into her windows at night.
Ms. Saldana stated that she feels as if the City is only considering the needs of the developer over it’s residents and requests that the City begin to hear the concerns of their residents and understand the stress and hardship that the residents are experiencing.
• Ms. Sami Soto, Orange County Professional Firefighters Association, spoke informing the City Council of the need for a fair contract and requested that the Mayor as the City’s board representative, question why their firefighters who work an enormous number of hours at one of the most dangerous and difficult jobs are unable to obtain a fair and honest contract.
• Ms. Tia Grasso, Associate General Counsel, Orange County Professional Firefighters Association, spoke regarding the Orange County Fire Authority’s contract negotiations, the firefighters and employees who are being denied a fair contract, and requested that the City’s representatives fulfill their leadership role on the Orange County Fire Authority board of directors and supply the firefighters and employees with fair wages and benefits.
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• Mr. Justin Dillon, Captain, Orange County Fire Authority, spoke regarding the search for accountability, and encouraged the City Council to ensure that the City’s representing board member for the Orange County Fire Authority board of directors is held accountable in providing firefighters with a fair and honest contract.
• Mr. Steve Kriha, Captain, Orange County Fire Authority, spoke regarding the Orange County Fire Authority’s contract negotiations and encouraged the City Council to ensure that the City’s representing board member for the Orange County Fire Authority board of directors is held accountable in providing firefighters with a fair and honest contract.
• Ms. Chris Hamm, Captain, Orange County Fire Authority, spoke regarding the Orange County Fire Authority’s contract negotiations, the requirement of firefighters to work upwards of 96 hours per week, expressed that allowing first responders to go without a contract is inacceptable, and encouraged the City Council to ensure that the City’s representing board member for the Orange County Fire Authority board of directors is held accountable in providing firefighters with a fair and honest contract.
• Mr. Stan Stemingson, Fire Apparatus Operator, Orange County Fire Authority, spoke regarding the Orange County Fire Authority’s contract negotiations, expressed that Orange County Fire Authority management and the Orange County Fire Authority board of directors have shown little to no interest in the health and safety of its workers, and encouraged the City Council to ensure that the City’s representing board member for the Orange County Fire Authority board of directors is held accountable in providing firefighters with a fair and equitable contract.
• Mr. Todd Baldridge, Captain, Orange County Fire Authority, spoke regarding the Orange County Fire Authority’s contract negotiations, reported that the Orange County Fire Authority (OCFA) is offering firefighters zero percent, that the OCFA is experiencing recruitment issues, retention issues, dramatic changes, that the OCFA cannot compete with other entities, and encouraged the City Council to ensure that the City’s representing board member for the Orange County Fire Authority board of directors is held accountable in providing firefighters with a fair and equitable contract.
• Mr. Jose L. Guerrero, resident, spoke regarding his concerns with the immense odor and noise levels emitting from the CR&R facility near his neighborhood and that no efforts to eliminate these concerns have been addressed.
DRAFT
Joint Regular Meeting – August 23, 2022 - Page 9 of 11
THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
9. NEW BUSINESS
9A. CITY COUNCIL APPOINTMENT TO FILL ONE VACANCY ON THE STANTON
PLANNING COMMISSION FOR TERM COINCIDING WITH THE CITY COUNCIL
ELECTION
The Council Member holding the seat corresponding to that numbered seat on the Stanton Planning Commission, shall be responsible for appointment of one Commissioner, with majority approval of the City Council. The terms of office shall coincide with the term of office of the Council Member or Mayor who made the appointment. Section 2.06.030 of the Stanton Municipal Code requires the submission of applications and interviews prior to appointment to any position.
Staff report by Ms. Patricia A. Vazquez, City Clerk.
1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. The City Council conducted interviews with the following applicants; and • Ms. Debora Donathan (In-Person)
• Ms. Helen Sanchez (In-Person)
• Ms. Elizabeth Wiktor (Via submitted letter)
3. The City Council made an appointment to fill seat #5 (Van) on the Stanton Planning Commission as follows:
Seat #5 (Van):
Council Member Van selected Ms. Helen Sanchez to fill the vacancy within Seat #5 on the Stanton Planning Commission.
Motion/Second: Van/Warren
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Van AYE
Council Member Warren AYE
Mayor Pro Tem Ramirez AYE
Mayor Shawver AYE
Motion unanimously carried:
Ms. Helen Sanchez was appointed to fill Seat #5 (Van) on the Stanton Planning Commission.
DRAFT
Joint Regular Meeting – August 23, 2022 - Page 10 of 11
THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
9B. POLICY REVIEW RELATED TO REQUESTS FOR FEE WAIVERS FOR USE OF
CITY FACILITIES, CITY SPONSORSHIPS, AND USE OF CITY-OWNED
EQUIPMENT
To ensure the consistent application of City policies across all stakeholders to promote transparency, equity, efficiency, and appropriateness in the use of City facilities, City sponsorships, and City-owned equipment, Council will review existing City policies and provide direction for the development of new policies.
Staff report by Ms. Hannah Shin-Heydorn, City Manager.
Motion/Second: Shawver/Ramirez
ROLL CALL VOTE: Council Member Taylor AYE
Council Member Van AYE
Council Member Warren AYE
Mayor Pro Tem Ramirez AYE
Mayor Shawver AYE
Motion unanimously carried:
1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Provided direction to City staff on updates to existing policies and the development of new policies.
10. ORAL COMMUNICATIONS – PUBLIC (Heard out of order)
Oral Communication, item 10 was heard out of order at the beginning of the regular meeting agenda.
11. WRITTEN COMMUNICATIONS None.
12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Mayor Pro Tem Ramirez reported that granted he no longer has the green thumb and farm grown pumpkins, he would like to continue the tradition and donate $200 dollars towards the purchase of pumpkins for the City’s Annual Halloween Fun with Family and Friends 2022 event.
DRAFT
Joint Regular Meeting – August 23, 2022 - Page 11 of 11
THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL
MEETING
None.
12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY
SESSION
None.
13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.
14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.
14A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.
Captain Charles Walters provided the City Council with an update on their current operations.
Chief Steve Dohman, Orange County Fire Authority, reported on his deployment as part of an Office of Emergency Services (OES) massive response in New Mexico due to the recent fire devastations and monsoonal rains.
15. ADJOURNMENT in honor and recognition of Orange County Fire Authority Chief Randy Black
Motion/Second: Shawver/
Motion carried at 9:10 p.m.
_______________________________________
MAYOR/CHAIRMAN
ATTEST:
_______________________________________
CITY CLERK/SECRETARY
CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 13, 2022
SUBJECT: APPROVAL OF CONTRACT AMENDMENT #1 AMENDING CONTRACT WITH CALIFORNIA WATERS DEVELOPMENT, INC. DBA CALIFORNIA
WATERS TO PROVIDE SPLASH PAD MAINTENANCE SERVICES
REPORT IN BRIEF:
California Waters Development, Inc. DBA California Waters has been providing professional splash pad maintenance services since December 2021, which includes routine maintenance and additional service repair work. Due to unforeseen additional service repairs conducted on the splash pads, the total compensation amount set forth by the Agreement has been reached prior to the expiration of the term on November 30, 2022. As such, City staff is requesting a contract amendment to increase total compensation. If approved, the first amendment would increase the total compensation from $20,000 to $35,000.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b); and
2. Approve the First Amendment to the existing agreement with California Waters Development, Inc. DBA California Waters and allow the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorize the City Manager to execute the First Amendment to the existing Agreement with California Waters Development, Inc. DBA California Waters.
BACKGROUND:
California Waters Development, Inc. has been providing splash pad maintenance services at Stanton Central Park and Harry M. Dotson Park since December 1, 2021, including routine maintenance services and additional service repair work. The first amendment of the existing agreement will increase the total compensation from $20,000 to $35,000.
Item: 6D
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ANALYSIS/JUSTIFICATION:
California Waters Development, Inc. was awarded a one (1) year Professional Services Contract to provide splash pad maintenance services at Stanton Central Park and Harry M. Dotson Park on November 9, 2021.
The contract sets the total compensation amount to $20,000 annually, which includes $12,960 for the first 12 months for routine maintenance and possible additional service repairs.
In addition to the routine maintenance, there have been several unforeseen service repairs done on the splash pads to ensure that they are functioning properly. As such, the total compensation amount set in the original Agreement will be reached prior to the end of the term on November 30, 2022.
Therefore, City staff is recommending an amendment to the existing Agreement that would allow California Waters Development, Inc. DBA California Waters to continue to provide splash pad maintenance services through November 30, 2022.
FISCAL IMPACT:
Sufficient funds for these services exist in the FY 2022-2023 budget recently adopted by City Council.
ENVIRONMENTAL IMPACT:
This project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b) as maintenance of existing splash pads.
LEGAL REVIEW:
The City Attorney has reviewed the First Amendment to the Agreement.
PUBLIC NOTIFICATION:
Through the normal agenda process.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
3 – Provide a high-quality infrastructure.
Prepared by: Han Sol Yoo, E.I.T, Associate Engineer
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. First Amendment to the Original Agreement
B. Original Agreement
CITY OF STANTON
FIRST AMENDMENT TO
AGREEMENT FOR SPLASH PAD MAINTENANCE
1. PARTIES AND DATE.
This First Amendment to the Agreement for Splash Pad Maintenance (“First Amendment”) is entered into on the ___ day of ______, 2022, by and between the City of Stanton (“City”) and California Waters Development, Inc. DBA California Waters (“Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Splash Pad Maintenance dated November 9, 2021 (“Agreement”).
2.2 First Amendment. The Parties now desire to amend the Agreement in order to increase the total compensation.
3. TERMS.
3.1 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
“Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed THIRTYFIVE THOUSAND DOLLARS ($35,000) (“Total Compensation”) without written approval of City’s Public Works Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.2 Declaration of Political Contributions. Prior to the City’s approval of this First Amendment, Consultant shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.
3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this ___ day of __________, 2022.
Attachment: A
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CITY OF STANTON CALIFORNIA WATERS DEVELOPMENT,
INC. DBA CALIFORNIA WATERS
By:
Hannah Shin-Heydorn
City Manager
By:
Mark Pitman
President
ATTEST:
By:
Patricia A. Vazquez
City Clerk
By:
Jeffrey Barman
Vice President/Secretary
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
CITY OF STANTON
PROFESSIONAL SERVICES AGREEMENT
FOR
SPLASH PAD MAINTENANCE
1. PARTIES AND DATE.
This Agreement is made and entered into this£ day of Ala11e11:1Jer , 20 ti , by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 KatellaAvenue, Stanton, California 90680 ("City") and California Waters Development, Inc. DBA California Waters, a CORPORATION, with its principal place of business at 23311 E. La Palma Avenue, Yorba Linda, CA 92887 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of professional Splash Pad Maintenance consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Splash Pad Maintenance consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Splash Pad Maintenance project ("Projecf') as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3 .1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Splash Pad Maintenance consultant services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Tenn. The term of this Agreement shal1 be from December 1, 2021 to November 30, 2022 unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. - 1 -
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Attachment: B
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.
Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the 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. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
The key personnel for performance of this Agreement are as follows: Jeffrey Barman.
3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the Public Works Director, or his or her designee, as the City's contact for the implementation of the Services hereunder. -2-
55414"00000\32996936.2
Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Jeffrey Barman or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3 .2. 7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub�consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the ProjecL
3.2.9 Laws and Regulations. 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 the Project or the Services, including all Cal/OSHA requirements, and shalI give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, mies and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees,agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
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55414.00000\32996936.2
3.2.10.l Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
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(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol I) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of$1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability - 4 -
Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
554 l 4.00000\329969362
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor's Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be a11owed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3 .2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premiwn.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers' Compensation shall be endorsed to provide the following:
( 1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City - 5 -
except ten (10) days shall be allowed for non-payment of premium.
3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2. l 0.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds tmder the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with -6-
55414 00000\32996936.2 s-
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the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other ,safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.l Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed TWENTY THOUSAND DOLLARS ($20,000) (''Total Compensation'') without written approval of City's Public Works Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3 .3 .2 Payment of Compensation.
Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 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 "public works" and "maintenance" projects. If the Services are being performed as part of an applicable ''public works" or "maintenance'' project, as defined by the Prevailing Wage Laws, and if the total compensation is -7-
554 l 4.00000\32996936.2
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, agents and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4. J Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within :fifteen (15) days of the request.
3.5. l.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery ofNotices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant:
City:
Jeffrey Barman
Vice President, California Waters Development, Inc.
23311 E. La Palma Avenue
Yorba Linda, CA 92887
City of Stanton
7800 Katella A venue
Stanton, CA 90680
Attn: Public Works Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight ( 48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be 1 imited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shalJ such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
55414.00000\32996936.2
The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3 .5 .9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any tenn referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shalJ give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
- 11 -
554 l 4.00000\32996936.2 AA-�t-'q, ,
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3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. 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. 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.
3.15 Egual Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because ofrace, religion, color, national origin, handicap, ancestry, sex or age. Such non�discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.16 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3 700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self�insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant's employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
3 .20 .1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written - 12 -
55414.00000\32996936.2
approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
- 13 -
554 I 4.00000\32996936.2
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this -2!!!_ day of A/4utmkr , 202!-
CITY OF STANTON
By:�A JareL'enbrand
City Manager
By: d&::::
Best Best & Krieger LLP
City Attorney
55414.00000\32996936.2
CALIFORNIA WATERS DEVELOPMENT,
INC. DBA CALIFORNIA WATERS
By�Mark Pitman
President
yBarman
President/Secretary
CORPORATE SEAL OF CONTRACTOR
REQUIRED
- 14 -
EXHIBIT "A"
SCOPE OF SERVICES
See attached RFP from the City of Stanton and service proposal from California Waters.
A-1
55414.00000\32996936.2
REQUEST FOR PROPOSAL (RFP)
FOR
Water Splash Pad Maintenance
RFP responses to be received until
4:00 p.m., October 25, 2021
in the office of the Public Works Department
City of Stanton
Attn: Joe Ames, Director of Public Works
7800 Katella Avenue,
Stanton, CA 90680-3162
Approved for Advertising:
Joe Ames, P.E., T.E.
Director of Public Works / City Engineer
Date Issued: September 27, 2021
1 CihJ Q,f Stanton
PUBLIC WORKS
GENERAL DESCRIPTION AND INTRODUCTION
The City of Stanton is requesting proposals from qualified contractors to provide maintenance services for its water splash pads.
Proposals must conform to the requirements of this Request for Proposal (RFP), and must be submitted in a sealed envelope, to the Department of Public Works no later than 4:00 p.m., on Monday, October 18, 2021. The consultant contract is anticipated to be awarded on October 26, 2021 with work to begin November 15, 2021. The City reserves the right to waive any irregularity in any proposal, or to reject any proposal that does not comply with this RFP. The City alone, using criteria determined by the City, will select the qualified candidate.
The successful contractor will be required to enter into an agreement with the City, which will include the requirements of this RFP as well as other requirements to be specified at a later date. By submitting a proposal, the contractor agrees to all of the terms of thls RFP. The bidder must possess a C-36, or C-42 Contractor License in the State of California.
This contract term is for a period of 12 months. The City and contractor may elect to exercise an extension of this Contract for two (2) additional twelve (12) month terms. The rates may be adjusted each year at the time of renewal in accordance with the March Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties up to a maximum percentage of five percent (5%).
Contract extensions are also contingent upon satisfactory performance of the Contractor.
PROJECT BACKGROUND
The City currently operates and maintains two water splash pads located in Stanton Central Park ( 10660 Western Ave, Stanton, CA 90680), and Harry M. Dotson Park (10350 Fern Ave, Stanton, CA 90680). The water play operates Monday through Sunday from 12:00 pm to 5:00 pm from the Friday before Memorial Day through Labor Day ("Operational Season").
As part of this preventative maintenance program, the water splash pads shall be maintained once per week during the Operational Season. In addition, there are procedures that will require maintenance every month and once per year rather than every week as listed below.
2 City QfSt<mtcm
PUBLIC WORKS
SCOPE OF SERVICES
General:
1. Coordinate all activities with City Engineer including any downtime.
2. Ensure that form, fit, and function requirements are incorporated into work.
Required Work (Weekly during the Operational Season):
1. Scheduled service is required once per week (Sunday - Saturday), or as directed by the City Engineer.
2. Provide chlorine and acid required to maintain as needed.
3. Maintain all equipment at the optimal parameters: pumps, filters debris traps, time clocks, flow rates, and vault lighting.
4. Maintain operation of touch pad sensors.
5. Maintain service chart.
6. Keep pump enclosure areas clean of trash dirt and debris.
7. Keep all splashpad components including the play surface free from calcium build up, any growth like algae, insects, etc.
8. Remove all obstructions & debris from all clogged plumbing fixtures, pipes, etc.
9. Clean pump(s) strainer basket.
10. Clean debris trap.
11. Check and record pH, chlorine, total alkalinity, calcium harness, cyan uric acid (CY A) (recalibrate pH as necessary)
12. Maintain chlorine parts per million (PPM) between 3.0 and 5.0, pH between
7.4 and 7.8, total alkalinity between 80 and 120 ppm, calcium between 200 and 400 ppm, and HRR at approximately 800.
13. Make necessary water chemistry adjustments if levels not acceptable; adjust chlorine/acid levels, dispense soda ash/sodium bicarbonate and superchlorinate to meet Health Department requirements, as required. Do so in a safe manner, while not impacting any users.
14. Backwash sand filters as necessary.
15. Report any deficiency same day to Public Works Manager.
16. Report any graffiti same day to Public Works Manager.
17.Clean any dirty nozzles both in ground and on elevated features.
Required Work (Monthly)
1. Operate the splash pads to verify it is working, and perfonn the following tests, cleanings, and inspections:
A) Inspect chemical tubing.
B) Inspect play product solenoid valves.
3 CitJI qf StaTlton
PUBLIC WORKS
C) Clean chemical injectors.
D) Inspect and clean flow meters (as necessary).
E) Observe bypass valve opening and closing before and after sequence a sequence.
F) Remove any calcium build up from above ground features.
G) Inspect all ball valves and unions for leaks (tighten unions as necessary).
H) Drain and clean holding tank (as necessary).
I) Record maintenance in service chart.
Winterizing Work (Annually, after the end of the Operational Season):
1. Remove all nozzles and cap shut.
2. Turn off auto-fill to holding tank.
3. Blow out lines.
4. Power down electronic equipment.
Required Work (Annually, just prior to the Operational Season):
1. Replace nozzles.
2. Turn on auto-fill to holding tank.
3. Power up electronic equipment, and verify equipment is operational.
4. Replace peristaltic pump tubing (as necessary).
5. Grease moving parts (as necessary).
6. Replace U.V. bulbs and ballasts.
7. Inspect all piping for wear.
8. Drain and clean chemical storage tanks.
9. Inspect pump filter lid 0-ring (grease or replace if necessary). 1 a. Inspect chemical probes (replace as necessary).
11. Check quantity of sand filter (add sand as necessary).
12.Flush lines and cycle system.
13. Record maintenance in service chart.
Any repair work will be contracted for separately.
4 City ofStant<m
PUBLIC WORKS
SUBMISSION REQUIREMENTS
Proposals shall consist of the following items:
1) Proposal:
a) One {1) copy of a printed, typed letter proposal highlighting experience performing similar work on other splash pads with experience in Southern California, any insight into the operation of the splash pads or items recommended for inclusion or exclusion for servicing, and a statement indicating the contractor will respond to emergency callouts from the City within two (2) hours and how the contractor can comply with this requirement. The proposal shall also indicate if the proposer, if chosen, wishes to enter into two (2) additional twelve (12) month extensions with service fee adjustments each year at the time of renewal in accordance with the March Consumer Price Index, All Urban Consumers, Los Angeles-RiversideOrange Counties up to a maximum percentage of five percent (5%). b) One (1) copy of a signed, written statement, stating the company will comply with City insurance requirements {as written in the City's Professional Services Agreement), and stating exceptions taken to the City's Professional Services Agreement, if any.
2) Fee Proposal (in a separate, sealed envelope):
a) One (1) copy of a written, typed fee proposal with a not-to-exceed, flat-rate annual service fee for the services described herein and provided in a separate sealed envelope. The fee proposal shall also include a table indicating the anticipated staff-hours dedicated to perform each of the tasks to complete this service.
Submit proposals to the following address by the deadline listed on the cover page of this RFP:
City of Stanton
Attn: Joe Ames, Director of Public Works
7800 Katella Avenue
Stanton, CA 90680-3162
SELECTION CRITERIA
The proposals will be evaluated on the following factors, but may not be limited to just these factors:
Criteria Scorin
50%
30%
20%
5 Cif!J Q{Sftmtr.m
...... ·· ·- .. . ·-· .... .. . .... .... . ·-·-···-····-
PURLICWORKS
The City will review the proposals and negotiate a service fee with the best qualified contractor. In the event the City can not negotiate a fee with the best qualified contractor, the City will negotiate a fee with the second ranked contractor, and so on until an agreement is reached.
REQUESTS FOR INFORMATION
The deadline for request for information is 5:00 p.m. on October 11. 2021. All requests for additional information shall be made in writing via e-mail to:
Joe Ames, P.E., T.E.
Public Works Director/City Engineer
[email protected]
Re: Water Splash Pad Maintenance
BUSINESS LICENSE. INSURANCE, STANDARD AGREEMENT REQUIRED All taxes and licenses, including, but not limited to, a Stanton City Business License, required for this project shall be obtained at the sole expense of the consultant.
Before the City executes a contract, the selected firm shall furnish the City a certificate evidencing Workmen's Compensation Insurance with limits no less than $1,000,000 per accident and Comprehensive Professional Liability Insurance or General Liability Insurance with limits no less than $2,000,000 per occurrence. The City shall be named as the Additional Insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy.
The City's standard Professional Services Agreement is attached to this RFP for review. 6 Public Works
and Engineering
TO: All Interested Contractors
FROM: Joe Ames, Director of Public Works & City Engineer DATE: October 5, 2021
SUBJECT: ADDENDUM NO. 1 to RFP for Water Splash Pad Maintenance This Addendum No. l is being issued in response to questions received on the RFP for Water Splash Pad Maintenance.
1. The correct proposal due date and time is 4:00 p.m. on October 25, 2021.
Please ignore the text concerning October 18th within the RFP. The date/time on the cover page is correct.
2. Interested persons may view existing equipment and the sites at 10:00 a.m. on Wednesday, October 13, 2021. Meet at the splash pad in Stanton Central Park, 10660 Western Avenue, Stanton, CA 90680. Scott Jensen, Public Works Manager, will be on-site to open equipment enclosures and answer questions. He can also be reached at 714-890-4289.
3. The City's current provider is Service First. The existing three-year service contract expiring November 30, 2021 was executed in an amount not to exceed $73,350 or $24,450/year. Please direct any requests for copies of the current contract to Joe Ames [email protected]. However, please note the proposed scope of work in this RFP is different than the scope of work in the current contract with Service First. Therefore, the current contract is immaterial to this RFP. Based upon experience, proposers may propose a different scope of work in their proposals as described in the RFP.
4. The "required work" listed for once-weekly and once-monthly can be performed concurrently during the Operational Season on any day of the week provided that such work does not interfere with the use of or operation of the splash pad by patrons.
5. Note that the RFP states the City will award a contract based on "best · qualified" based upon a written proposal, and the cost proposal is a separate proposal in a sealed envelope. Any recommendations for inclusion of normal wear and tear items can be included in the proposal and listed in the cost proposal. However, needed repairs identified during maintenance activities will be informally bid out according to Labor Code laws.
Public Works
and Engineering
6. C-53 contractors may submit proposals.
7. The chosen contractor shall be registered with the Department of Industrial Relations and shall be required to pay prevailing wages for maintenance work.
The sample agreement is presented correctly.
-END-
CITY OF STANTON
Request for Proposal
Water Splash Pad Maintenance
October 25, 2021
Jeffrey Barman
President, Repair Services and Service Divisions I California Waters o 949.528.0900 x102I f 949.528.0910
j [email protected]
Lorri Johncox
Coordinator, Repair Services and Service Divisions I California Waters o 949.528.0900 x111I f 949.528.0910
[email protected]
2331.1 E. La Palma Ave, I Yorba Linda, CA 92887 l 949.528.0900 I califomlawaters.com I CA Lic#958960 o\
.
.. ·-� i Orjg\'<' i
- i
WE ARE CALIFORNIA WATERS
Founded in 1999, California Waters is one of California's oldest, largest, and fastest growing aquatic specially contractors.
California Waters delivers professional, in-house, self-performed maintenance, repair, renovation, design/build and construction services focused exclusively on commercial water features, pools and spas, splash pads, and waterscapes.
By delivering outstanding construction and service excellence, we capture the beauty, magic and mystery of water for all to enjoy - we bring waterto life.
Using innovative techniques and our deep experience, we will identify ways to increase construction efficiencies, adhere to budgets, accelerate schedules and eliminate surprises.
Count on us to deliver quality and execute on all fronts.
And because water is all that we do, we are experts at using state-of-the-art and cost-effective techniques to bring it to life.
We invite you to visit our website and see our on line brochure for more information at www.californiawaters.com.
We look forward to working with you.
23311 E. La Palma Ave. I Yorba Linda, CA 92887 I 949.528.0900 I califomiawaters.com I CA Lic#958960 Sent by Hand
October 25, 2021
RESPONSE FROM CALIFORNIA WATERS TO
RFP FOR CITY OF STANTON FOR
Water Splash Pad Maintenance
California Waters Development, Inc. dba California Waters appreciates the opportunity to respond to the City of Stanton's splash pad maintenance RFP.
Summarv of Our Qua/ificc,tions and Experience
6 Specific focus on and expertise servicing aquatics since 1999 6 Comprehensive service provider: maintenance, repair, renovation, and design-build new construction
6 Significant municipal, county, city and public agency experience & Fully insured with $6 million of liability insurance
IJ Active and compliant C53 (Swimming Pool) and A (Engineering) contractors licenses from the State of California, as well as three C61/D Hcenses, including C61-D35 {Swimming Pools), CSLB #958960
0 Certified Pool Operator (CPO) issued by the PHTA {flea National Swimming Pool Foundation) 0 Aquatic Facility Operator (AFO) certification through the National Recreation and Park Association (NRPA}
0 Formally trained to enter and operate in confined space permit locations 6 Formally certified as a Small Business Enterprise (SBE) by the State of California A DIR certified by the State of California
Experience
In business since 1999, California Waters was reincorporated in 2009. We have the staff and equipment necessary to execute the specifications of this RFP; both in the field to execute the work required, and administratively in the office to provide support.
We currently provide maintenance and repair services on behalf of hundreds of public sector and private developers and managers of properties with splash pads, aquatic facilities, pools and spas, fountains and water features.
We are confident that our experience, and most important the experience of our trained professional splashpad technicians, will allow us to fully self-perform the scope of1he splash pad weekly in-season, monthly off-season, and spring startup and winterization activities in your scope on pages 3 and 4 of your RFP document.
23311 E. La Palma Ave. I Yorba Linda, CA 92887 I 949.528.0900 I californiawaters.com I CA Lic#958960 Sample Pro/ect References
With over 20 years of experience, California Waters has a long and highly successful track record in working with municipalities and public agencies. Our current and recent customers for the service and repairs of splashpads, fountains and water features include: the City of Anaheim, the City of Beverly Hills, the City of El Cajon, the City of Hawaiian Gardens, the County of Los Angeles, the City of Monrovia, the County of Riverside, the City of Santa Monica, the City of Santee, and the City of West Hollywood, among others. We are a qualified/pre-approved vendor formany other cities, counties, parks departments, and public agencies throughout California.
Three sample current references follow, listed alphabetically by City name, for each ofwhom we currently provide recurring weekly splash pad maintenance services in-season and on-call repairs as needed both in season and off-season:
City of Anahelm-2 splashpads with daily in-season service and 1 fountain Mr. Phil Yuhas
Park Field Coordinator
714-765-5237
pyh [email protected]
Since 2018
City of Santa Monica - 1 splashpad and many fountains and a large manmade lake Mr. Christopher Oliver
Park Maintenance Supervisor
310-458-2201
[email protected]
Since 2013
City of Tustin -3 splashpads: 1 for service, 1 for repair, 1 for on-call repair Mr. Ron Walde
Maintenance Supervisor
714-795-0118
[email protected]
Since 2021
23311 E. La Palma Ave. I Yorba Linda, CA 92887 I 949.528.0900 I californiawaters.com l CA Lic:#958960 Staff and Equipment
We have approximately 40 employees, and approximately two dozen trucks. We have our crews operating full-time, each dedicated to either service, or repair, or construction. We own literally hundreds of tools and well over a million dollars of invested capital in our equipment and fleet. We also have strong relationships with multiple equipment rental companies. We do not anticipate any Issues with tools or equipment needed to service your account, and indeed believe we have everything we might expect to use in-house on day one.
The summary resume of the primary account manager for your project follows:
Jeffrey Barman
Title: Vice President, California Waters Development, Inc.
Tenure With California Waters since 2009
Certificates: Certified Pool Operator (CPO), current
Licenses:
Education:
Aquatic Facility Operator (AFO), current
National Plasters Council (NPC) start-up, current
Among others
Holder of C53, C61- D35, and other CSLB licenses
B.A. degree In Economics from Wesleyan University of Connecticut All of our personnel that would be tasked to your work have the experience necessary to undertake the scope of work required, and understand, speak, read and write English fluently.
All of our field personnel are required to follow a professional dress code and conform to our Company's uniform policy.
Approach
Our type of service is full-service. We will provide complete coverage of the maintenance and other items within the scope of work of this RFP, and will be able to provide in-house repairs, troubleshooting, equipment replacement, and virtually any other items and activities that you may request or require.
We will promptly report to your staff the occurrence if any unusual inc!dents or hazardous conditions are noted.
The motto at California Waters is that while true perfection may be unattainable, we will always strive toward it on behalf of our customers, many of whom we have had the privilege of serving for many years now. We take quality control seriously at all levels of the Company, both in the field and in the office.
23311 E. La Palma Ave. I Yorba Linda, CA 92887f949.528.09001 califomiawaters.com I CA Lid/958960 When needed, we are able to offer our service customers a full scope of design, engineering, renovation and construction efforts, in-house. We do not just service and repair splash pads, we design and construct them too.
Emergency Response Plan
We have redundancy built into our staff of 40+ people strong and can handle emergencies and extra work as needed by the City and respond to the two-hour emergency callout when needed.
We provide all our customers 24/7 Emergency Service including our phone auto-forward syst_em to provide access to multiple authorized, experienced personnel after hours. All field personnel and managers are equipped with smartphones, providing both live text and email communication capability while In the field as well as the ability to send pictures and video.
Our service and repair trucks each have live GPS tracking, for minute-by-minute reporting, making instantaneous routing and trip reports easily achievable. Our proprietary software coordinates, tracks and details work orders from the time of the first call from the field staff or the customer, to the completion and invoice of the job. We also have the capability to track our customers' equipment in the field to assist in diagnosing any issues remotely when necessary.
Our headquarters and yard are in Yorba Linda., California and we provide service to customers throughout Southern California.
Summarv Implementation Plan
1. Meet with on-site and office staff
to identify their preferences for reporting and
communication, and exchange contact methods and data
2. Meet with appropriate internal contact for hands�on walk-through for equipment and setting expectations, reporting, and any immediate repair needs
3. Receive (or we can obtain) and review copies of all O&M and equipment manuals, preferably in advance of turnover
4. Perform Job Hazards Analysis to identify site-specific safety and training issues, if any, including but not limited to areas defined by City as confined space
5. Create look ahead calendar to schedule service visits 23311 E. la Palma Ave. I Yorba Linda, CA 92887 I 949.528.0900 l california.waters.corn I CA Lict/958960 0 \ St
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Protect Management and lnvoicinq
California Waters utilizes state of the art technologies In its operations, both in the field and in the office. In addition to field service and technical personnel, and the key personnel noted elsewhere in this proposal, we have full-time, dedicated staff to handle the administrative side of the work necessary to support your staffs own efforts with our critical back-office activities such as scheduling, communication and invoicing.
Invoices are generated using a well-known professional accounting software program called Foundation, with a proprietary add-in system for scheduling and tracking, and an additional add-in system for GPS tracking of all Company service and support vehicles as mentioned, Financial Strength
California Waters has been in continuous operation since 1999. We have existing, strong, credit, banking and bonding relationships. Our financial statements are formally reviewed annually by the well-known Orange County CPA firm of Wertz & Company, in Irvine. There have been no Chapter 7 /11/13 bankruptcies filed by the Company, nor by its principals, in their respective histories.
Our annual revenue has in recent years been in excess of $10 million. While your account would be significant, important, and highly valued by our Company, it would not dominate our business or materially impact our overall financial capabilities or operations.
While we qualify as a SBE for the State of California, we are one of the largest and most established companies in our industry in all of Southern California, and have ample financial wherewithal, lines of credit, cash on hand, and positive cash flow from ongoing operations to ably and efficiently support an account of this size, including, but not limited to, its terms and conditions, and timing of invoice payments.
Subcontractors
We do not anticipate the use of subcontractors to perform the scope of work stated in the RFP for recurring maintenance. However, we do name a subcontractor, potentially to be used for electrical repairs, if needed as additional services at the City's request, as follows:
USA Tech Electric: 1021 Melrose Ave. #9, Glendale, CA 91202; DIR PW-LR-1000546053; CSLB 1061065. Expected use for scope: 0%; expected use for repairs out of RFP service scope:
Minimal to none.
23311 E. La Palma Ave. I Yorba Linda, CA 92887 l 949.528.0900 I ca!ifomiawaters.com l CA Lic/1958960 Renewals
We would be pleased to be considered for each of the potentially available one-year options referenced on page 5, item la, of the RFP, with an increase from the prior year's rates of the lesser of i) 5%, or ii) the rate indicated atthat time by the most recent release of the March CPI, All Urban Consumers, Los Angeles-Riverside-Orange Counties.
Addendums
We acknowledge receipt of Addendum 1, dated October 5, 2021.
Additional Information
California Waters is comprised of two entities with identical ownership, insurance coverage, and contact information:
California Waters Development, Inc. dba California Waters, a California 11S 11 corporation;
Federal Tax ID Number (EIN) 27-4963481.
Caltfornia Waters, LLC, dba California Waters, a California limited llability company; Federal Tax ID Number (EIN): 27-1115518.
Throughout this proposal "California Waters", the "Company" and "we" or "our" shall be intended to refer to these two operating entities collectively.
Conclusion
We greatly appreciate the opportunity to be of service. Please email or call us with any questions or concerns you may have, at any time. Thank you.
Jeffrey Barman /s/
Jeffrey Barman
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10/22/2021
Vice President, California Waters Development, Inc., dba California Waters President, Repair Services and Service Divisions, California Waters T: 949.528.0900 x102
F: 949.528.0910
E: [email protected]
23311 E. la Palma Ave. I Yorba Linda, CA 92887 I 949.528.0900 I californlawaters.com I CA tlc/1958960 ·-
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EXHIBIT "B"
SCHEDULE OF SERVICES
Anticipated Staff Hours Per Task
Weekly During Operational Season:
One Service Technician Visiting Both Splash Pads on a weekday for a combined total of about two to three hours per visit, though It will fluctuate depending on conditions at each park.
Monthly Durlng Off-Season:
One Service Technician Visiting Both Splash Pads on a weekday for a combined total of about two hours; except if Item H, drain and clean holding tank, is required, which would add considerable ti me to that vlslt, or would require a follow-up vis!t.
Winterizing Work Once Annually:
Two Service and/or Repair Technicians on a weekday for a combined total of approximately four hours, and thus eight person-hours.
Spring Start Up Work Once Annually:
Two Service and/or Repair Technicians on a weekday for a combined total of approximately eight hours, and thus 16 person-hours; plus additional time possibly for unusual or one-time equipment or other Issues, extra troubleshooting needs, etc.
Office time will be needed: weekly for reports and timesheets; weekly for prevailing wage payroll gathering and compliance; weekly for oversight of technicians; as-needed for communication with City; combined total unknown for office staff but projected at least five person-hours monthly.
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554 I 4,00000\329969362
Sent by Hand
October 25, 2021
EXIDBIT "C"
COMPENSATION
RESPONSE FROM CALIFORNIA WATERS TO
RFP FOR CITY OF STANTON FOR
Water Splash Pad Maintenance
California Waters Development, Inc. dba Califomla Waters replies to the requirement of the RFP scope on page 5, ltem 2a, as follows:
Pricing_
Our proposed price for your RFP is a not to exceed flat rate of $12,960 for the first 12 months, invoiced at a fixed rate of $1,080 per month.
Includes prevailing wage labor at Laborer 1 class rates for this scope:
- once-weekly service visits in season, for the period from the Friday before Memorial Day through Labor Day
- once-monthly service visits off season, for each month for the rest of the calendar year - once-annual winterizing worl< after the season completed, after Labor Day - once-annual spring start up work before the season restarts, before Memorial Day Any repair work will be contracted for separately; additional service calls will be available upon request on a T&M basis.
Our standard prevailing wage hourly T&M rate is currently $195 per person-hour, with a onehour minimum and a trip charge of $150. Emergency rates are charged at 1.Sx for weeknights and Saturdays, and 2.0x for Sundays and holidays, charged portal to portal.
Our terms are net 30, with an option of 1% discount net 10, paid by check by mail or by ACH to our bank.
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55414.00000\32996936 2
Items Excluded
Our pricing includes from the Items on the Required Work Annually for Spring Startup the replacement of peristaltic pump tubing (but not pump feeder tubing, the specialty tube from the pump Itself), as necessary; the replacement of pump filter lid erring, as necessary; and the addition of new sand filter media {adding sand), as necessary.
Our price excludes the replacement of UV bulbs and ballasts, as we believe lncludlngthese in a fixed price model would be to the detriment of the City long-term, as you would be effectively paylngfor them whether they are replaced or not. We would procure, replace and invoice UV consumable items as needed and treat them as a repair Item.
We do not note any other consumable parts on page 4 of the RFP that call out for Inclusion, and thus have not included any others. We understand the concept of incluslon of additional Items referenced in section la on page 5 of the RFP, and would be happy to include a reserve for smaller items with individual low costs so that we can proactively replace Items for you as needed. Examples would be skimmer baskets, pump baskets, pump chemical feedertublng (as opposed to the peristaltic tubing), and slmtlar items. An example could be "approved for parts under $100 up to $1200 per year without prior approval but with emailed notification;'. But this is only an example, mentioned here as a suggestion in response to the RFP call-out for its discussion. It is thus not required by our bid, and it is not included in our fixed cost pricing at this time.
In the event that this Agreement is renewed pursuant to Section 3 .1.2, the rates set forth above may be adjusted each year at the time of renewal described in Exhibit "B" in accordance with the March Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties up to a maximum percentage of five percent (5% ). ***
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554 I 4.00000\32996936.2
1 CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 13, 2022
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR PROCESSING OF
PARKING AND ADMINISTRATIVE CITATIONS
REPORT IN BRIEF:
Staff is recommending that the City enter a Professional Services Agreement (PSA) with Turbo Data Systems, in an amount not to exceed $40,000 annually for processing parking and administrative citations to cover the period from July 1, 2022, to June 30, 2024. The City currently uses Turbo Data Systems for this service and entering the PSA would continue the existing service.
RECOMMENDED ACTION:
1. City Council find that this item is not subject to California Environmental Quality Act ("CEQA") pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Approve the Professional Services Agreement with Turbo Data Systems for processing of parking and administrative citations to cover the period from July 1, 2022, to June 30, 2024; and
3. Authorize the City Manager to execute the Professional Services Agreement with Turbo Data Systems for processing of parking citations.
BACKGROUND:
The City has contracted with Turbo Data Systems for the processing of parking citations for over 25 years and has been highly satisfied with their performance. Public Safety staff is routinely in contact with Turbo Data staff and has developed a positive professional relationship. Included in this contract is the addition of automated ticket writers which will improve efficiency in the field. The increased contract amount will be offset by revenue generated by the number of citations issued.
Item: 6E
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2 ANALYSIS/JUSTIFICATION:
Approval of the Professional Services Agreement would allow the Department of Public Safety to operate the Parking Enforcement Program for a period of two years ending June 30, 2024.
FISCAL IMPACT:
The Fiscal Year 2022-23 Adopted Budget includes $35,000 for processing parking and administrative citations. This budget is based on a revenue budget of $225,000 for parking citation revenue and $10,000 for administrative citation revenue. If actual Fiscal Year 2022-23 revenue exceeds the estimated amount, then staff will increase the Fiscal Year 2022-23 expenditure budget, with an offsetting increase to Fiscal Year 2022-23 revenues.
ENVIRONMENTAL IMPACT:
This item is not subject to California Environmental Quality Act ("CEQA") pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).
LEGAL REVIEW:
The City Attorney’s office has reviewed the Professional Services Agreement.
STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:
1. Provide a safe community.
6. Maintain and promote a responsive, high-quality, and transparent government.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared by: James J. Wren, Public Safety Services Director Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:
A. Professional Services Agreement
55414.00100\34289614.1
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CITY OF STANTON
PROFESSIONAL SERVICES AGREEMENT
FOR
PROCESSING OF PARKING AND
ADMINISTRATIVE CITATIONS
1. PARTIES AND DATE.
This Agreement is made and entered into this day of 2022__, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“City”) and Turbo Data Systems, Inc., a California Corporation, with its principal place of business at 1551 N Tustin Avenue Suite 950, Santa Ana, CA 92705 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of professional processing of parking and administrative citations consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional processing of parking and administrative citations consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the processing of parking and administrative citations project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional processing of parking and administrative citations consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Attachment: A
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.
Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the 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. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
The key personnel for performance of this Agreement are as follows: Code Enforcement Supervisor Keith Gifford and Public Safety Services Director James Wren.
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the Public Safety Services Director, or his or her designee, as the City’s contact for the implementation of the Services 55414.00100\34289614.1
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hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Roberta J.
Rosen, President, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. 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 the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
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3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Contractors Pollution Liability: [Include only if there is a pollution liability exposure.]
Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting 55414.00100\34289614.1
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period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(e) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
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(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required 55414.00100\34289614.1
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insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed Forty Thousand Dollars ($40,000) (“Annually”) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation.
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Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 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 “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, agents and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
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3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
Turbo Data Systems, Inc.
1551 N Tustin Avenue Suite 950
Santa Ana CA 92705
Attn: Roberta J. Rosen, President
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Keith Gifford, Department of Public Safety
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or 55414.00100\34289614.1
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sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, 55414.00100\34289614.1
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the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.6 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior 55414.00100\34289614.1
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written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. 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. 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.
3.15 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff 55414.00100\34289614.1
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or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.16 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
55414.00100\34289614.1
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IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202_.
CITY OF STANTON [INSERT NAME OF CONSULTANT]
By:
Hannah Shin-Heydorn
City Manager
By:
Name: Roberta J. Rosen
Title: President
ATTEST:
By:
Patricia A. Vazquez
City Clerk
By:
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
55414.00100\34289614.1
C-1
EXHIBIT “A”
SCOPE OF SERVICES
1 AGREEMENT FOR PROCESSING
OF PARKING AND
ADMINISTRATIVE CITATIONS
EXHIBIT “A”
SCOPE OF SERVICES
TDS shall perform the following services in processing all parking and administrative citations:
A. Basic Processing – TDS will enter manual citations and citation dispositions into Customer’s database within 2 business days. The basic service includes database maintenance, daily system backups, toll-free phone number for the public, Interactive Voice Response System (IVRS) with customized recorded information and citation lookup capability, pticket.com web-based Inquiry System for the public with customized content, Customer Service Representatives (8:00 am – 5:00 pm, Monday through Friday, excluding holidays) to speak with the public regarding parking and administrative citation issues, ongoing Client support, and documentation and training for use of the TDS-provided online system.
B. Handheld Ticket writer Interface - TDS will provide for automated import of electronic citations into Customers database within 1 business day. TDS will maintain and update the hot sheet or scofflaw files on a daily basis for Customer to upload into their handheld ticket writers. TDS will work with Customer to implement any changes required for handheld ticket writer equipment.
C. System and Document Storage - Citations paid or dismissed will be retained on the computer system for 3 years and then removed. Unpaid citations will be retained on the computer system for 5 years and then removed. Citation documents will be stored for 2 years from date of issue and then returned to Customer or shredded. Payment documents will be stored for 2 years from the date of payment and then returned to Customer or shredded.
D. Online Reporting - Provide monthly reports online indicating the status of all citations, such reports to be available for Customer access no later than the thirtieth (30th) day of the following month.
E. DMV Interface for Registered Owner Name Retrieval - Attempt to obtain names and addresses of registered owners of cited vehicles for those citations that have not been cleared prior to their notice generation date.
F. Notice Processing - Print the required Notice and mail to each registered owner whose name has been retrieved within 10 to 21 days after the citation has been issued. Includes second notices mailed for bounced checks, partial payments, and name or address changes. The notice date shall be extended whenever there is an unusual delay in delivery of information or citations to TDS. All postage, notice forms and envelopes will be provided by TDS.
AGREEMENT FOR PROCESSING
OF PARKING AND
ADMINISTRATIVE CITATIONS
2 G. DMV Interface for Placing Registration Holds - Transmit a Notice of Delinquency to the California DMV for vehicles with California license plates after a Notice of Violation has been mailed to the registered owner and TDS has not received notification that the citation has been cleared. This Notice of Delinquency will be transmitted to the California DMV within 2 business days after the date specified by the Customer to be the DMV Date.
H. DMV Interface for Releasing Registration Holds - Transmit a Notice to the California DMV that a Notice of Delinquency has been cleared within 2 business days after TDS has received notification of clearance.
I. DMV Interface for Monthly Payment File – Receive payment file from DMV as available (currently monthly) and update DMV transactions into Customers database, providing reporting for reconciliation purposes.
J. Delivery Service – Manual citations will be mailed or scanned to TDS by Customer at their own expense. TDS reports will be provided online. TDS will return any required documents via UPS and/or US Mail.
K. Collection and Payment Processing - TDS will provide the following collection and payment processing services for Customer:
• Provide P. O. Box where payments are mailed
• Courier pickup from P. O. Box daily
• Open all mail
• Verify payment amounts and record on computer system within 2 business days (48 hours) • Respond to reasonable non-judicial public inquiries by phone and mail • Return questionable mail to Customer for decision
• Make bank deposits to Customer bank account using check scanning • Verify amounts deposited, by citation number
• Provide toll-free number for citizen inquiries
• Provide weekly reports for bank statement reconciliation • Provide monthly Paid Citation Distribution Report for Customer to make surcharge payments to the County
• Scan checks and deposit parking funds (remote deposits) into Customer’s bank account.
Check scanning hardware and software is provided by Customer for its specific banking requirements.
• Contractor does not charge for remote deposits; however, the financial institution may charge a fee, which is the responsibility of the Customer. • Customers not set up for bank check scanning will incur additional courier fees.
AGREEMENT FOR PROCESSING
OF PARKING AND
ADMINISTRATIVE CITATIONS
3 L. Out of State Citations - TDS shall process citations for non-California license plates by entering the citation information into the system database and reporting them along with all other citations on the database with the standard reports. If they become delinquent, requests for registered owner information will be sent to the appropriate out-of-state DMV. The Notice of Intent will be generated to the registered owner and the fine amount requested. TDS will incur all costs for out of state name retrieval, including out-of-state DMV fees and charges. TDS will receive payment from Customer based on the amount of revenues collected from out-of-state citations after the Notice of Intent has been issued. This amount will be billed monthly for the prior months' receipts (as determined from our database and/or reports). Payments collected via credit card will also incur credit card fees.
M. IVR and Web Payment Systems - Payment by Credit Card - Through the Interactive Voice Response (IVR) System, and through the pticket.com web site, we accept credit card payments via Visa, MasterCard and Discover. The systems authorize each transaction while the caller is on the phone or online. Customers are given an authorization number or email confirmation to confirm their charge. The IVR system and the pticket.com web payment system both automatically update the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data Systems bank account and are reconciled monthly. Each customer receives their own credit card postlog which shows in detail which citations were paid and for what amount, along with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the customer’s account. Should there be any charge backs to a merchant account, the funds are pulled directly from the Turbo Data master account and the citation will be reactivated, much like a bounced check. The violator will be sent a notice and will then proceed to DMV hold. TDS will provide all services regarding reconciliation, reactivation of charge backs, etc. Customer will not be involved in the daily processing.
N. Administrative Adjudication Processing - TDS will provide for the processing of requests for contesting citations, allowing for Customer processing of administrative reviews, tracking and monitoring all relevant dates on an automated system, mailing timely notification to respondents regarding the status of their claims, and scheduling of administrative hearings. All Administrative Adjudication information entered into the system is done in real time and is linked to existing database information to ensure proper tracking of relevant dates, mailing names and addresses and other pertinent information. Administrative Review requests will be entered within 2 business days of receipt.
Adjudication documents will be stored for 2 years from their activity date and then shredded.
AGREEMENT FOR PROCESSING
OF PARKING AND
ADMINISTRATIVE CITATIONS
4 O. Paperless Appeals (eAppealsPRO & Scanning) – TDS will provide online appeal capability for the public to appeal their citations online. TDS will provide the scanning of all mailed-in appeal documents and electronic storage of those documents. TDS will provide an online application to access the appeals, which will be searchable and sortable. TDS will keep an electronic history of processed appeals for at least two years.
P. Online Inquiry Access for Customers’ Staff - Access includes online access 24 hours a day, 7 days a week for Agency personnel to inquire on Customer’s database. This access includes citation inquiry (includes citation status, history status, administrative adjudication status, notes, etc.), the ability to enter and view notes, post dismissals/payments, view daily deposits made at TDS’ facility and view daily file transfers sent from the handheld ticket writer software and received at TDS’ facility. TDS’ technical staff will provide support. TDS will provide a real-time secured high-speed connection to the citation database through the Customers' Internet connection.
Q. Additional Notices– TDS will mail Other Correspondence as required for processing.
R. ICS Collection Service – Special Collections - Outstanding citations (DMV No-Holds or DMV Transfer of Ownership Releases or Non-California plates) and any other citations deemed as delinquent citations by Customer are transferred into the ICS system on a weekly basis. Up to two collection letters will be mailed for each ICS account requesting payment. Delinquent accounts are sent to a credit reporting agency on a weekly basis. Paid accounts are reported to the credit reporting agency weekly. Payments are processed daily and deposited to the Customer’s regular citation processing bank account. The TDS Customer Service Center will handle all ICS related calls through a special tollfree number dedicated to ICS accounts. Monthly reporting shows all accounts moved to the ICS system and all payments received due to ICS efforts.
S. Franchise Tax Board Offset Program – TDS will combine citations by license number for total amount due, eliminate corporate names, retrieve SSN’s by name from a 3rd party, combine accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the FTB process, receive phone calls generated by the FTB process, provide all systems and operational procedures required for the FTB process, and provide complete reporting and reconciliation for the FTB process. Customer will be required to complete required FTB paperwork and forms (with TDS’ assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required to work with the FTB regarding the FTB process.
AGREEMENT FOR PROCESSING
OF PARKING AND
ADMINISTRATIVE CITATIONS
5 T. Payment Plans - The Contractor will have a payment plan system in place to comply with all legislation. The plan will allow for waivers, when necessary, for indigent and non-indigent individuals. Plan requests will be submitted to the Customer for review/approval/denial. The Contractor will mail correspondence to let the applicant know the status of their payment plan application and other details. Payment Plans allow the agency to waive fees for indigent persons, adjust the length of the plan and set minimum payments due. If a plan defaults prior to full payment, the system automatically resumes the citation process (DMV, Collections, etc.). The Contractor will provide customized agency specific information for indigent payment plans on pticket.com.
U. Bank Account Management (Optional)
TDS will open a trust account in the name of the Agency to receive parking deposits for all parking and administrative citation monies. TDS will handle any NSF checks from this account and reactivate the citations. TDS will process any required refund checks. TDS will send a, monthly surcharge check to the county based on reporting. TDS will pay their own invoice monthly and write a check to the Agency monthly for the balance of the funds. TDS will reconcile the account monthly and provide documentation to Agency of reconciliation.
V. Handheld Ticketwriters – ticketPRO Magic
TDS will provide ticketPRO Magic Units (phones and printers) and citations and envelopes as required at the pricing then in effect. TDS will provide maintenance and support for the Automated Citation Issuance System and the Field Units. RemoteConnect Support for devices while in the field.
TDS will provide a data plan with unlimited voice/text messaging for field units. Software upgrades as newer versions become available. Support via email for support requests and for reporting software/hardware issues. These ticketwriters will be provided per the Agreement for Lease of Handheld Ticketwriters in Exhibit B on page 7 of this Agreement. 6 AGREEMENT FOR PROCESSING
OF PARKING AND ADMINISTRATIVE
CITATIONS
EXHIBIT “B” - CONSIDERATION
Basic Processing Services $1.20 per citation
$350 minimum in basic processing services required
Discount for Automated Citations
Out of State Processing
No charge until payment is collected.
Administrative Adjudication Letters
$0.10 per automated citation
50% of amount collected
$2.38 per letter mailed
Includes processing all administrative review result letters, hearing result letters, scheduling of all hearings and processing hearing schedule letters for the public.
Additional Correspondence (DMV Hold Letters)
Paperless Appeals (eAppeals PRO)
Credit Card Payment Processing
Special Collections ICS (optional)
FTB Interagency Processing (optional)
$1.45 per letter mailed
included with Administrative Adjudication
$3.95 Fee Paid by Violator
33% of amount collected (optional)
$2.50 per letter + 15% of amount collected
$100 per month plus bank fees/charges
$5.00 each
$10 per payment plan
$1.08 per letter mailed
$200 per month (not applicable if scanning
checks to your account or a bank
management customer)
Bank Account Management (optional)
Refund Checks/NSF’s
Payment Plan Processing
Payment Plan Letters
Courier Services for Banking
Fee Increases:
Postal Rate Increase Offset – Fees will increase immediately to offset the amount of any postal increase. Annual CPI Increase – Fees will increase according to the CPI for each 12-month period.
TPM ticketPRO mobile Lease with 4G/5G Comm Package 2 units @ $135/month/each (see next page for details of lease)
7 AGREEMENT FOR PROCESSING
OF PARKING AND ADMINISTRATIVE
CITATIONS
AGREEMENT FOR LEASE OF HANDHELD TICKETWRITERS
The City of Stanton (CUSTOMER) and Turbo Data Systems, Inc. (TDS) hereby agree to the following terms and conditions regarding the lease of TWO (2) ticketPRO mobile ticketwriters with TSC printers.
A data plan, software, maintenance and support are included in the lease.
CUSTOMER shall purchase supplies (citation forms, envelopes) from TDS at the price in effect at the time of the order (not included in the monthly lease price). Additional accessories that are initially included shall be purchased as needed or required by CUSTOMER. (Batteries, AC adapters)
TPM ticketPRO mobile Lease with 4G/5G Comm Package 2 units @ $135/month/each Training, equipment initialization and setup will be provided by TDS and is included in the lease. TDS will be responsible for the maintenance and repair of the equipment during the lease period under normal wear and tear. It will be the responsibility of CUSTOMER to care for the equipment and notify TDS immediately of any lost, stolen or damaged equipment. TDS is not responsible for any billing adjustments for missing equipment until notified by the Customer.
Lost/Stolen/Damaged Replacement – Customer will be liable for the full replacement cost of any missing or damaged mobile devices or accessories. Accessories at current pricing.
TDS may subscribe to and/or integrate with various 3rd party software services for the purpose of automating input of information while issuing the ticket. These services may include Google Maps, location services GPS, LPR services, and VIN lookups. TDS reserves the right, should these services terminate, to disable those services in the software. These services are integrated in to the software for convenience and do not affect the issuance of citations. TDS will not remove any software features integral to the issuance of citations.
At the end of the lease, all equipment will be returned to TDS in good working order. If equipment is not returned, the lease will revert to a month-to-month lease with 30 days’ notice required prior to turning the equipment in.
Term of Lease: 7/1/2022-6/30/2024 Start date: July 1, 2022 or install date Agreed to this ______ day of _______________, 2022
TURBO DATA SYSTEMS, INC. CITY OF STANTON
______________________________ __________________________ Roberta J. Rosen, President Signature
______________________________
Name
__________________________
Title
2nd June
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 13, 2022
SUBJECT: CITY SPONSORSHIP REQUEST – STANTON COMMUNITY
FOUNDATION MONTHLY BOARD MEETINGS
REPORT IN BRIEF:
Per the City Sponsorship Program, the Stanton Community Foundation is requesting monthly meeting space at a City facility. The sponsorship request is for in-kind consideration valued at $360. At its meeting of August 23, 2022, the City Council directed staff to bring all sponsorship requests to the Council for consideration until further notice.
RECOMMENDED ACTIONS:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Determine status of the Stanton Community Foundation’s sponsorship request for a total in-kind value of $360.
BACKGROUND:
At its meeting of August 23, 2022, the Council approved a City Administrative Policy for a City Sponsorship Program. The policy sets forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.
The goals and objectives of the approved City Sponsorship Program are as follows:
• Promote the City as a desirable place to live, visit and do business. • Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
• Enhance the quality of life and well-being of the citizenry. • Advance the City’s commitment to and pride in being a multicultural community. • Encourage the development of neighborhood identity and pride.
Item: 6F
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2 The City Sponsorship Program includes general requirements, eligibility criteria, and conditions outlined in Attachment A. As part of the approved policy, the City Council directed staff to bring all sponsorship requests for consideration until further notice to evaluate the impact to City resources. Council also outlined that if sponsorships are inkind, the value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.
ANALYSIS/JUSTIFICATION:
The Stanton Community Foundation submitted a request for sponsorship on September 1, 2022 (Attachment B). The request solicits a monthly meeting room on the second Monday of each month from 6:30 – 7:30pm for ongoing board meetings through June of 2023.
Upon review of the application, staff found that all required criteria have been met, including the provision of documentation for nonprofit status in the form of an IRS determination letter.
The Stanton Central Park multipurpose room is available on the specified dates and times. If approved, the hourly fee of $40 would be waived for each meeting, totaling $360 for nine meetings from October 2022 to June 2023. The deposit and one-time insurance fees are required per the policy. The fee requirements for the meeting room are below:
Hourly Rental Fee $40 Waived
Total for 9 meetings (October – June) $360
Deposit $200 Required
Insurance (1-100 Attendees) $85 Required
FISCAL IMPACT:
Fiscal impact includes an in-kind value of $360 for the rental of the requested facility.
This is the first sponsorship request reviewed by the Council. The current sponsorship status is provided below:
Number of Requests
Approved To-Date Funds Granted To-Date
In-Kind Consideration
Granted To-Date
0 $0 $0
ENVIRONMENTAL IMPACT:
None.
3 LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
None.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
4 – Ensure fiscal stability and efficiency in governance. 5 – Provide a high quality of life.
6 – Maintain and promote a responsive, high quality and transparent government.
Prepared by: Zenia Bobadilla, Community Services Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. City Sponsorship Policy
B. Sponsorship Request - Stanton Community Foundation
ATTACHMENT A
CITY OF STANTON
ADMINISTRATIVE POLICY
Number
V-5-5
Date
August 24, 2022
SUBJECT:
City Sponsorship Program
Authority
City Council
Administrator
City Manager’s Office
PURPOSE:
The City of Stanton recognizes that sponsorships play an important role in supporting our community, as well as to promote the tourism and economic development efforts of the City. The purpose of this sponsorship policy is to set forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.
GOALS AND OBJECTIVES:
Sponsorship of funds or in-kind services (including, but not limited to full-time or parttime staff, marketing and communications, equipment or other services) will be considered for special events, community projects or programs designed to accomplish one or more of the following goals and objectives:
• Promote the City as a desirable place to live, visit and do business. • Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
• Enhance the quality of life and well-being of the citizenry. • Advance the City’s commitment to and pride in being a multicultural community. • Encourage the development of neighborhood identity and pride.
The granting of City funds or in-kind support is evaluated according to the effectiveness and impact the special event, community project or program has on the community-atlarge. Special attention is paid to sponsorships that promote the attractiveness of the City as a place to visit and/or live, celebrate the heritage of the City and its environs, and/or enrich the character and quality of life of its citizens.
All sponsorship requests will be presented to the City Council for consideration until further notice.
GENERAL REQUIREMENTS, ELIGIBILITY CRITERIA, AND CONDITIONS:
The applicant for sponsorship of funds or in-kind services for special events, community projects or programs must meet all the following requirements, eligibility criteria, and conditions:
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ATTACHMENT A
1. The applicant must be a registered nonprofit corporation or 501(c)3 organization with tax exempt status. Acceptable proof of status includes an IRS determination letter, placement in the IRS’s Exempt Organization List, or religious organization categorization as defined by the IRS.
2. The special event, community project or program supports the aforementioned goals and objectives.
3. Funds are not to be used for operational costs.
4. Sponsorship request is to be no more than 25% of program/event budget, up to a maximum of $1,000. If sponsorships are in-kind, value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.
5. Event and promotion must take place within City limits.
6. Sponsorship request must be submitted at least thirty (30) days before the date that any event is scheduled to take place.
7. The recipient of sponsorship funds or in-kind services shall provide the City recognition as a sponsor in exchange for the funds or in-kind services in a method consistent with other sponsors. In no event shall the recognition for inkind services be less than that provided to other sponsors who have contributed the same total financial or in-kind support.
8. The nonprofit corporation must be ready, willing and able to enter a contractual agreement for sponsorship with the City and provide a certificate of liability insurance or proof of self-insurance, if applicable.
9. The nonprofit corporation must cover the full repair or replacement cost of any damages to City facility or equipment (outside of normal wear and tear) used as part of in-kind services.
10.The nonprofit corporation must comply with all City rules and regulations.
11.The nonprofit corporation must not be in active litigation against the City or otherwise have a claim against the City.
12.The purpose of the special event, community project, or program is not organized around political or religious themes but serves as a benefit to the City as a whole.
13.The special event, community project or program may not be a fundraiser.
Fundraising events are defined as:
a. Events that require participants to fundraise in addition to an entry fee for participating in the event (e.g., races, walkathons, marathons); b. Events that have an entry fee without any component that includes free or greatly reduced admission; and
c. Events that require participants to pay an entrance fee or “purchase” a table.
14.The nonprofit corporation will not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation. Further, the organization must agree to conform to the requirements of the Americans with Disabilities Act.
15.Organization must provide a presentation to the City Council within 60 days after the program or project is completed sharing the outcomes and benefits to the community as a whole.
ATTACHMENT A
City Sponsorship Program Agreement
Acceptance of Requirements, Eligibility, Criteria, and Conditions PURPOSE:
The City of Stanton recognizes that sponsorships play an important role in supporting our community, as well as to promote the tourism and economic development efforts of the City. The purpose of this sponsorship policy is to set forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.
GOALS AND OBJECTIVES:
Sponsorship of funds or in-kind services (including, but not limited to full-time or parttime staff, marketing and communications, equipment or other services) will be considered for special events, community projects or programs designed to accomplish one or more of the following goals and objectives:
1. Promote the City as a desirable place to live, visit and do business.
2. Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
3. Enhance the quality of life and well-being of the citizenry.
4. Advance the City’s commitment to and pride in being a multicultural community.
5. Encourage the development of neighborhood identity and pride.
6. Promote cultural and artistic awareness among the citizenry.
The granting of City funds or in-kind support is evaluated according to the effectiveness and impact the special event, community project or program has on the community-atlarge. Special attention is paid to sponsorships that promote the attractiveness of the City as a place to visit and/or live, celebrate the heritage of the City and its environs, and/or enrich the character and quality of life of its citizens.
All sponsorship requests will be presented to the City Council for consideration until further notice.
GENERAL REQUIREMENTS, ELIGIBILITY CRITERIA, AND CONDITIONS:
The applicant for sponsorship of funds or in-kind services for special events, community projects or programs must meet all the following requirements, eligibility criteria, and conditions:
ATTACHMENT A
1. The applicant must be a registered nonprofit corporation or 501(c)3 organization with tax exempt status. Acceptable proof of status includes an IRS determination letter, placement in the IRS’s Exempt Organization List, or religious organization categorization as defined by the IRS.
2. The special event, community project or program supports the aforementioned goals and objectives.
3. Funds are not to be used for operational costs.
4. Sponsorship request is to be no more than 25% of program/event budget, up to a maximum of $1,000. If sponsorships are in-kind, value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.
5. Event and promotion must take place within City limits.
6. Sponsorship request must be submitted at least thirty (30) days before the date that any event is scheduled to take place.
7. The recipient of sponsorship funds or in-kind services shall provide the City recognition as a sponsor in exchange for the funds or in-kind services in a method consistent with other sponsors. In no event shall the recognition for inkind services be less than that provided to other sponsors who have contributed the same total financial or in-kind support.
8. The nonprofit corporation must be ready, willing and able to enter a contractual agreement for sponsorship with the City and provide a certificate of liability insurance or proof of self-insurance, if applicable.
9. The nonprofit corporation must cover the full repair or replacement cost of any damaged City facility or equipment (outside of normal wear and tear) used as part of in-kind services.
10.The nonprofit corporation must comply with all City rules and regulations.
11.The nonprofit corporation must not be in active litigation against the City or otherwise have a claim against the City.
12.The purpose of the special event, community project, or program is not organized around political or religious themes but serves as a benefit to the City as a whole.
13.The special event, community project or program may not be a fundraiser.
Fundraising events are defined as:
a. Events that require participants to fundraise in addition to an entry fee for participating in the event (e.g., races, walkathons, marathons); b. Events that have an entry fee without any component that includes free or greatly reduced admission; and
c. Events that require participants to pay an entrance fee or “purchase” a table.
14.The nonprofit corporation will not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation. Further, the organization must agree to conform to the requirements of the Americans with Disabilities Act.
15.Organization must provide a presentation to the City Council within 60 days after the program or project is completed sharing the outcomes and benefits to the community as a whole.
ATTACHMENT A
Two signatures by the appropriate Corporate Officers or Board Members are required.
By signing, I/we agree to the guidelines of the City Sponsorship Program. ___________________________________________
Name of Organization
___________________________________________
Print Name/Title (Must be President or Vice President)
___________________________________________ __________________ Signature Date
___________________________________________
Print Name/Title (Must be President or Vice President)
___________________________________________ __________________ Signature Date
August 31, 2022
Dear Ms. Hannah Shin-Heydorn:
The Stanton Community Foundation is writing to apply for the City Sponsorship Program: we would like for the city to continue providing a meeting space for the Foundation’s monthly board meetings. We hold meetings the second Mondays of the month from 6:30pm – 7:30pm for about ten people. Since the inception of the Stanton Community Foundation in 2009 at a Stanton city council meeting (Agenda Item 12A ESTABLISHMENT OF A STANTON COMMUNITY FOUNDATION), we have always had our monthly board meetings inside Stanton City Hall. We are a 501(c)3 organization with tax exempt status based in Stanton. Enclosed are the City Sponsorship Program signature page, minutes from the February 24, 2009 Stanton city council meeting, the IRS determination letter, and Articles of Incorporation filed by then Stanton City Manager Ms. Carol Jacobs.
The Stanton Community Foundation provides numerous direct positive benefits to the Stanton community including, but not limited to:
• Senior Shopping Carts: In 2011, the SCF began providing seniors living at Park Place Senior Apartments with shopping carts. They help our seniors to complete their personal shopping needs within our community. • Threads for Kids: This program began in 2013 and provides funds to local elementary schools to purchase a school hoodie/sweatshirt for a child in need.
• Back to School Fest: The Stanton Back to School Fest is a partnership between the Foundation, the city, and numerous community-based organizations to host a school supply giveaway serving the families of Stanton and surrounding neighborhoods. The 2021 Back to School Fest served around 500 K-12 students, providing free school supplies, eye exams, on-site COVID vaccinations, and much more. • Supply Our Schools: SOS began in 2014, providing funds to local elementary and junior high school teachers to purchase items needed in the classroom.
• Senior Exercise Program: Provides local seniors a weekly exercise program at two different locations in our city at no cost. This program has been in place since 2015.
• SMART: Our most recent program, SMART, stands for Summer Math Academy & Resource Training, started in 2018. It is an intensive summer bridge program for incoming high school freshmen who failed middle school math and are at risk of dropping out of high school.
• Veterans Plaque Program: Honoring veterans who have served or are currently serving in the United States Armed Forces, the Inspirational Wall Plaque Program offers an opportunity to have an engraved bronze plaque at Stanton’s Veterans Memorial Park.
• Stanton Community Garden: Local residents can rent a plot to grow and have access to fresh produce.
Since its inception in 2015, the Stanton Community Garden has served approximately 55 families per year.
We look forward to continuing a long-lasting partnership between the Stanton Community Foundation and the City of Stanton to help enhance the quality of life and well-being of the citizenry. Please do not hesitate to contact me with any questions or concerns. My phone number is ; and my email is [email protected].
We appreciate your support.
Sincerely,
Alyce Van
Chair, Stanton Community Foundation
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Attachment: B
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 13, 2022
SUBJECT: CITY SPONSORSHIP REQUEST – FRIENDS OF FAMILIES MYANMAR
DEMOCRACY AWARENESS RALLY
REPORT IN BRIEF:
Per the City Sponsorship Program, Friends of Families is requesting sponsorship of the Myanmar Democracy Awareness Rally on September 30, 2022 through the use of the City Hall restroom facilities and podium. The sponsorship request is for in-kind consideration valued at $160. At its meeting of August 23, 2022, the City Council directed staff to bring all sponsorship requests to the Council for consideration until further notice.
RECOMMENDED ACTIONS:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Determine status of the Friends of Families sponsorship request for a total in-kind value of $160.
BACKGROUND:
At its meeting of August 23, 2022, the Council approved a City Administrative Policy for a City Sponsorship Program. The policy sets forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.
The goals and objectives of the approved City Sponsorship Program are as follows:
• Promote the City as a desirable place to live, visit and do business. • Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
• Enhance the quality of life and well-being of the citizenry. • Advance the City’s commitment to and pride in being a multicultural community. • Encourage the development of neighborhood identity and pride.
Item: 6G
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2 The City Sponsorship Program includes general requirements, eligibility criteria, and conditions outlined in Attachment A. As part of the approved policy, the City Council directed staff to bring all sponsorship requests for consideration until further notice to evaluate the impact to City resources. Council also outlined that if sponsorships are inkind, the value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.
ANALYSIS/JUSTIFICATION:
Friends of Families submitted a request for sponsorship on September 7, 2022 (Attachment B). The request solicits access to City Hall restroom facilities and a podium for the Myanmar Democracy Awareness Rally.
Upon review of the application, staff found that all required criteria have been met, including the provision of documentation for nonprofit status in the form of an IRS determination letter.
If approved, the in-kind sponsorship is outlined below:
Part-time staff member to monitor City
Hall/restroom access
$40/hr
From 11:00 am –
2:00 pm $120
Podium $40 (flat rate) $40
TOTAL $160
FISCAL IMPACT:
Fiscal impact includes an in-kind value of $160 for the requested in-kind sponsorship.
This is the second sponsorship request reviewed by the Council. The current sponsorship status is provided below:
Number of Requests
Approved To-Date Funds Granted To-Date
In-Kind Consideration
Granted To-Date
0 $0 $0
ENVIRONMENTAL IMPACT:
None.
LEGAL REVIEW:
None.
3 PUBLIC NOTIFICATION:
None.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
4 – Ensure fiscal stability and efficiency in governance. 5 – Provide a high quality of life.
6 – Maintain and promote a responsive, high quality and transparent government.
Prepared by: Zenia Bobadilla, Community Services Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. City Sponsorship Policy
B. Sponsorship Request – Friends of Families Myanmar Democracy Awareness Rally
ATTACHMENT A
CITY OF STANTON
ADMINISTRATIVE POLICY
Number
V-5-5
Date
August 24, 2022
SUBJECT:
City Sponsorship Program
Authority
City Council
Administrator
City Manager’s Office
PURPOSE:
The City of Stanton recognizes that sponsorships play an important role in supporting our community, as well as to promote the tourism and economic development efforts of the City. The purpose of this sponsorship policy is to set forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.
GOALS AND OBJECTIVES:
Sponsorship of funds or in-kind services (including, but not limited to full-time or parttime staff, marketing and communications, equipment or other services) will be considered for special events, community projects or programs designed to accomplish one or more of the following goals and objectives:
• Promote the City as a desirable place to live, visit and do business. • Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
• Enhance the quality of life and well-being of the citizenry. • Advance the City’s commitment to and pride in being a multicultural community. • Encourage the development of neighborhood identity and pride.
The granting of City funds or in-kind support is evaluated according to the effectiveness and impact the special event, community project or program has on the community-atlarge. Special attention is paid to sponsorships that promote the attractiveness of the City as a place to visit and/or live, celebrate the heritage of the City and its environs, and/or enrich the character and quality of life of its citizens.
All sponsorship requests will be presented to the City Council for consideration until further notice.
GENERAL REQUIREMENTS, ELIGIBILITY CRITERIA, AND CONDITIONS:
The applicant for sponsorship of funds or in-kind services for special events, community projects or programs must meet all the following requirements, eligibility criteria, and conditions:
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ATTACHMENT A
1. The applicant must be a registered nonprofit corporation or 501(c)3 organization with tax exempt status. Acceptable proof of status includes an IRS determination letter, placement in the IRS’s Exempt Organization List, or religious organization categorization as defined by the IRS.
2. The special event, community project or program supports the aforementioned goals and objectives.
3. Funds are not to be used for operational costs.
4. Sponsorship request is to be no more than 25% of program/event budget, up to a maximum of $1,000. If sponsorships are in-kind, value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.
5. Event and promotion must take place within City limits.
6. Sponsorship request must be submitted at least thirty (30) days before the date that any event is scheduled to take place.
7. The recipient of sponsorship funds or in-kind services shall provide the City recognition as a sponsor in exchange for the funds or in-kind services in a method consistent with other sponsors. In no event shall the recognition for inkind services be less than that provided to other sponsors who have contributed the same total financial or in-kind support.
8. The nonprofit corporation must be ready, willing and able to enter a contractual agreement for sponsorship with the City and provide a certificate of liability insurance or proof of self-insurance, if applicable.
9. The nonprofit corporation must cover the full repair or replacement cost of any damages to City facility or equipment (outside of normal wear and tear) used as part of in-kind services.
10.The nonprofit corporation must comply with all City rules and regulations.
11.The nonprofit corporation must not be in active litigation against the City or otherwise have a claim against the City.
12.The purpose of the special event, community project, or program is not organized around political or religious themes but serves as a benefit to the City as a whole.
13.The special event, community project or program may not be a fundraiser.
Fundraising events are defined as:
a. Events that require participants to fundraise in addition to an entry fee for participating in the event (e.g., races, walkathons, marathons); b. Events that have an entry fee without any component that includes free or greatly reduced admission; and
c. Events that require participants to pay an entrance fee or “purchase” a table.
14.The nonprofit corporation will not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation. Further, the organization must agree to conform to the requirements of the Americans with Disabilities Act.
15.Organization must provide a presentation to the City Council within 60 days after the program or project is completed sharing the outcomes and benefits to the community as a whole.
ATTACHMENT A
City Sponsorship Program Agreement
Acceptance of Requirements, Eligibility, Criteria, and Conditions PURPOSE:
The City of Stanton recognizes that sponsorships play an important role in supporting our community, as well as to promote the tourism and economic development efforts of the City. The purpose of this sponsorship policy is to set forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.
GOALS AND OBJECTIVES:
Sponsorship of funds or in-kind services (including, but not limited to full-time or parttime staff, marketing and communications, equipment or other services) will be considered for special events, community projects or programs designed to accomplish one or more of the following goals and objectives:
1. Promote the City as a desirable place to live, visit and do business.
2. Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
3. Enhance the quality of life and well-being of the citizenry.
4. Advance the City’s commitment to and pride in being a multicultural community.
5. Encourage the development of neighborhood identity and pride.
6. Promote cultural and artistic awareness among the citizenry.
The granting of City funds or in-kind support is evaluated according to the effectiveness and impact the special event, community project or program has on the community-atlarge. Special attention is paid to sponsorships that promote the attractiveness of the City as a place to visit and/or live, celebrate the heritage of the City and its environs, and/or enrich the character and quality of life of its citizens.
All sponsorship requests will be presented to the City Council for consideration until further notice.
GENERAL REQUIREMENTS, ELIGIBILITY CRITERIA, AND CONDITIONS:
The applicant for sponsorship of funds or in-kind services for special events, community projects or programs must meet all the following requirements, eligibility criteria, and conditions:
ATTACHMENT A
1. The applicant must be a registered nonprofit corporation or 501(c)3 organization with tax exempt status. Acceptable proof of status includes an IRS determination letter, placement in the IRS’s Exempt Organization List, or religious organization categorization as defined by the IRS.
2. The special event, community project or program supports the aforementioned goals and objectives.
3. Funds are not to be used for operational costs.
4. Sponsorship request is to be no more than 25% of program/event budget, up to a maximum of $1,000. If sponsorships are in-kind, value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.
5. Event and promotion must take place within City limits.
6. Sponsorship request must be submitted at least thirty (30) days before the date that any event is scheduled to take place.
7. The recipient of sponsorship funds or in-kind services shall provide the City recognition as a sponsor in exchange for the funds or in-kind services in a method consistent with other sponsors. In no event shall the recognition for inkind services be less than that provided to other sponsors who have contributed the same total financial or in-kind support.
8. The nonprofit corporation must be ready, willing and able to enter a contractual agreement for sponsorship with the City and provide a certificate of liability insurance or proof of self-insurance, if applicable.
9. The nonprofit corporation must cover the full repair or replacement cost of any damaged City facility or equipment (outside of normal wear and tear) used as part of in-kind services.
10.The nonprofit corporation must comply with all City rules and regulations.
11.The nonprofit corporation must not be in active litigation against the City or otherwise have a claim against the City.
12.The purpose of the special event, community project, or program is not organized around political or religious themes but serves as a benefit to the City as a whole.
13.The special event, community project or program may not be a fundraiser.
Fundraising events are defined as:
a. Events that require participants to fundraise in addition to an entry fee for participating in the event (e.g., races, walkathons, marathons); b. Events that have an entry fee without any component that includes free or greatly reduced admission; and
c. Events that require participants to pay an entrance fee or “purchase” a table.
14.The nonprofit corporation will not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation. Further, the organization must agree to conform to the requirements of the Americans with Disabilities Act.
15.Organization must provide a presentation to the City Council within 60 days after the program or project is completed sharing the outcomes and benefits to the community as a whole.
ATTACHMENT A
Two signatures by the appropriate Corporate Officers or Board Members are required.
By signing, I/we agree to the guidelines of the City Sponsorship Program. ___________________________________________
Name of Organization
___________________________________________
Print Name/Title (Must be President or Vice President)
___________________________________________ __________________ Signature Date
___________________________________________
Print Name/Title (Must be President or Vice President)
___________________________________________ __________________ Signature Date
From: Shin-Heydorn, Hannah
To: George Grachen; George Grachen
Cc: Shawver, Dave; Vazquez, Patricia
Subject: RE: City sponsorship request
Date: Wednesday, September 07, 2022 5:14:00 PM
Attachments: FoF Sponsorship Request.pdf
Hi George,
Thank you for your call. Please find attached the sponsorship request form. Per our conversation, I am memorializing the following:
Friends of Families is submitting two distinct sponsorship requests:
1. Support for the Myanmar Democracy Awareness Rally on Friday, September 30, 2022.
The rally will be held in front of Stanton City Hall (similar setup to the 2021 rally) for approximately one hour. The purpose of the rally is to support democracy and human rights in Myanmar. The request is for the following in-kind services:
Use of City restroom facilities.
Use of City podium.
2. Monthly food drives beginning September 2022 – June 30, 2023 Since the start of the Covid-19 pandemic, Friends of Families has been at the forefront of collaborating with cities to provide food and other essentials to residents who were, and continue to be, affected by the negative impacts of Covid-19. The request is for the following in-kind services:
Use of City restroom facilities.
Use of City traffic control.
To complete the application, please return one signed sponsorship request form along with proof of non-profit status.
Regards,
Hannah
Hannah Shin-Heydorn
City Manager
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
714-890-4277
Attachment: B
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1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 13, 2022
SUBJECT: CITY SPONSORSHIP REQUEST – FRIENDS OF FAMILIES MONTHLY
FOOD DRIVES
REPORT IN BRIEF:
Per the City Sponsorship Program, Friends of Families is requesting sponsorship of their monthly food drives beginning September 2022 through June 2023 through the use of the City Hall restroom facilities and traffic control equipment. The sponsorship request is for in-kind consideration valued at $2,800. At its meeting of August 23, 2022, the City Council directed staff to bring all sponsorship requests to the Council for consideration until further notice.
RECOMMENDED ACTIONS:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Determine status of the Friends of Families sponsorship request for a total in-kind value of $2,800.
BACKGROUND:
At its meeting of August 23, 2022, the Council approved a City Administrative Policy for a City Sponsorship Program. The policy sets forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.
The goals and objectives of the approved City Sponsorship Program are as follows:
• Promote the City as a desirable place to live, visit and do business. • Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
• Enhance the quality of life and well-being of the citizenry. • Advance the City’s commitment to and pride in being a multicultural community. • Encourage the development of neighborhood identity and pride.
Item: 6H
Click here to return to the agenda.
2 The City Sponsorship Program includes general requirements, eligibility criteria, and conditions outlined in Attachment A. As part of the approved policy, the City Council directed staff to bring all sponsorship requests for consideration until further notice to evaluate the impact to City resources. Council also outlined that if sponsorships are inkind, the value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.
ANALYSIS/JUSTIFICATION:
Friends of Families submitted a request for sponsorship on September 7, 2022 (Attachment B). The request solicits access to City Hall restroom facilities and traffic control equipment for a monthly food drive.
Upon review of the application, staff found that all required criteria have been met, including the provision of documentation for nonprofit status in the form of an IRS determination letter.
If approved, the in-kind sponsorship is outlined below:
Part-time staff member to monitor City
Hall/restroom access
$40/hr
From 8am – 2pm $240
Traffic control equipment $40 (flat rate) $40
Ten events TOTAL $2,800
FISCAL IMPACT:
Fiscal impact includes an in-kind value of $2,800 for the requested in-kind sponsorship.
This is the third sponsorship request reviewed by the Council. The current sponsorship status is provided below:
Number of Requests
Approved To-Date Funds Granted To-Date
In-Kind Consideration
Granted To-Date
0 $0 $0
ENVIRONMENTAL IMPACT:
None.
LEGAL REVIEW:
None.
3 PUBLIC NOTIFICATION:
None.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
4 – Ensure fiscal stability and efficiency in governance. 5 – Provide a high quality of life.
6 – Maintain and promote a responsive, high quality and transparent government.
Prepared by: Zenia Bobadilla, Community Services Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. City Sponsorship Policy
B. Sponsorship Request – Friends of Families Monthly Food Drives
ATTACHMENT A
CITY OF STANTON
ADMINISTRATIVE POLICY
Number
V-5-5
Date
August 24, 2022
SUBJECT:
City Sponsorship Program
Authority
City Council
Administrator
City Manager’s Office
PURPOSE:
The City of Stanton recognizes that sponsorships play an important role in supporting our community, as well as to promote the tourism and economic development efforts of the City. The purpose of this sponsorship policy is to set forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.
GOALS AND OBJECTIVES:
Sponsorship of funds or in-kind services (including, but not limited to full-time or parttime staff, marketing and communications, equipment or other services) will be considered for special events, community projects or programs designed to accomplish one or more of the following goals and objectives:
• Promote the City as a desirable place to live, visit and do business. • Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
• Enhance the quality of life and well-being of the citizenry. • Advance the City’s commitment to and pride in being a multicultural community. • Encourage the development of neighborhood identity and pride.
The granting of City funds or in-kind support is evaluated according to the effectiveness and impact the special event, community project or program has on the community-atlarge. Special attention is paid to sponsorships that promote the attractiveness of the City as a place to visit and/or live, celebrate the heritage of the City and its environs, and/or enrich the character and quality of life of its citizens.
All sponsorship requests will be presented to the City Council for consideration until further notice.
GENERAL REQUIREMENTS, ELIGIBILITY CRITERIA, AND CONDITIONS:
The applicant for sponsorship of funds or in-kind services for special events, community projects or programs must meet all the following requirements, eligibility criteria, and conditions:
Click here to return to the agenda.
ATTACHMENT A
1. The applicant must be a registered nonprofit corporation or 501(c)3 organization with tax exempt status. Acceptable proof of status includes an IRS determination letter, placement in the IRS’s Exempt Organization List, or religious organization categorization as defined by the IRS.
2. The special event, community project or program supports the aforementioned goals and objectives.
3. Funds are not to be used for operational costs.
4. Sponsorship request is to be no more than 25% of program/event budget, up to a maximum of $1,000. If sponsorships are in-kind, value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.
5. Event and promotion must take place within City limits.
6. Sponsorship request must be submitted at least thirty (30) days before the date that any event is scheduled to take place.
7. The recipient of sponsorship funds or in-kind services shall provide the City recognition as a sponsor in exchange for the funds or in-kind services in a method consistent with other sponsors. In no event shall the recognition for inkind services be less than that provided to other sponsors who have contributed the same total financial or in-kind support.
8. The nonprofit corporation must be ready, willing and able to enter a contractual agreement for sponsorship with the City and provide a certificate of liability insurance or proof of self-insurance, if applicable.
9. The nonprofit corporation must cover the full repair or replacement cost of any damages to City facility or equipment (outside of normal wear and tear) used as part of in-kind services.
10.The nonprofit corporation must comply with all City rules and regulations.
11.The nonprofit corporation must not be in active litigation against the City or otherwise have a claim against the City.
12.The purpose of the special event, community project, or program is not organized around political or religious themes but serves as a benefit to the City as a whole.
13.The special event, community project or program may not be a fundraiser.
Fundraising events are defined as:
a. Events that require participants to fundraise in addition to an entry fee for participating in the event (e.g., races, walkathons, marathons); b. Events that have an entry fee without any component that includes free or greatly reduced admission; and
c. Events that require participants to pay an entrance fee or “purchase” a table.
14.The nonprofit corporation will not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation. Further, the organization must agree to conform to the requirements of the Americans with Disabilities Act.
15.Organization must provide a presentation to the City Council within 60 days after the program or project is completed sharing the outcomes and benefits to the community as a whole.
ATTACHMENT A
City Sponsorship Program Agreement
Acceptance of Requirements, Eligibility, Criteria, and Conditions PURPOSE:
The City of Stanton recognizes that sponsorships play an important role in supporting our community, as well as to promote the tourism and economic development efforts of the City. The purpose of this sponsorship policy is to set forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.
GOALS AND OBJECTIVES:
Sponsorship of funds or in-kind services (including, but not limited to full-time or parttime staff, marketing and communications, equipment or other services) will be considered for special events, community projects or programs designed to accomplish one or more of the following goals and objectives:
1. Promote the City as a desirable place to live, visit and do business.
2. Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
3. Enhance the quality of life and well-being of the citizenry.
4. Advance the City’s commitment to and pride in being a multicultural community.
5. Encourage the development of neighborhood identity and pride.
6. Promote cultural and artistic awareness among the citizenry.
The granting of City funds or in-kind support is evaluated according to the effectiveness and impact the special event, community project or program has on the community-atlarge. Special attention is paid to sponsorships that promote the attractiveness of the City as a place to visit and/or live, celebrate the heritage of the City and its environs, and/or enrich the character and quality of life of its citizens.
All sponsorship requests will be presented to the City Council for consideration until further notice.
GENERAL REQUIREMENTS, ELIGIBILITY CRITERIA, AND CONDITIONS:
The applicant for sponsorship of funds or in-kind services for special events, community projects or programs must meet all the following requirements, eligibility criteria, and conditions:
ATTACHMENT A
1. The applicant must be a registered nonprofit corporation or 501(c)3 organization with tax exempt status. Acceptable proof of status includes an IRS determination letter, placement in the IRS’s Exempt Organization List, or religious organization categorization as defined by the IRS.
2. The special event, community project or program supports the aforementioned goals and objectives.
3. Funds are not to be used for operational costs.
4. Sponsorship request is to be no more than 25% of program/event budget, up to a maximum of $1,000. If sponsorships are in-kind, value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.
5. Event and promotion must take place within City limits.
6. Sponsorship request must be submitted at least thirty (30) days before the date that any event is scheduled to take place.
7. The recipient of sponsorship funds or in-kind services shall provide the City recognition as a sponsor in exchange for the funds or in-kind services in a method consistent with other sponsors. In no event shall the recognition for inkind services be less than that provided to other sponsors who have contributed the same total financial or in-kind support.
8. The nonprofit corporation must be ready, willing and able to enter a contractual agreement for sponsorship with the City and provide a certificate of liability insurance or proof of self-insurance, if applicable.
9. The nonprofit corporation must cover the full repair or replacement cost of any damaged City facility or equipment (outside of normal wear and tear) used as part of in-kind services.
10.The nonprofit corporation must comply with all City rules and regulations.
11.The nonprofit corporation must not be in active litigation against the City or otherwise have a claim against the City.
12.The purpose of the special event, community project, or program is not organized around political or religious themes but serves as a benefit to the City as a whole.
13.The special event, community project or program may not be a fundraiser.
Fundraising events are defined as:
a. Events that require participants to fundraise in addition to an entry fee for participating in the event (e.g., races, walkathons, marathons); b. Events that have an entry fee without any component that includes free or greatly reduced admission; and
c. Events that require participants to pay an entrance fee or “purchase” a table.
14.The nonprofit corporation will not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation. Further, the organization must agree to conform to the requirements of the Americans with Disabilities Act.
15.Organization must provide a presentation to the City Council within 60 days after the program or project is completed sharing the outcomes and benefits to the community as a whole.
ATTACHMENT A
Two signatures by the appropriate Corporate Officers or Board Members are required.
By signing, I/we agree to the guidelines of the City Sponsorship Program. ___________________________________________
Name of Organization
___________________________________________
Print Name/Title (Must be President or Vice President)
___________________________________________ __________________ Signature Date
___________________________________________
Print Name/Title (Must be President or Vice President)
___________________________________________ __________________ Signature Date
From: Shin-Heydorn, Hannah
To: George Grachen; George Grachen
Cc: Shawver, Dave; Vazquez, Patricia
Subject: RE: City sponsorship request
Date: Wednesday, September 07, 2022 5:14:00 PM
Attachments: FoF Sponsorship Request.pdf
Hi George,
Thank you for your call. Please find attached the sponsorship request form. Per our conversation, I am memorializing the following:
Friends of Families is submitting two distinct sponsorship requests:
1. Support for the Myanmar Democracy Awareness Rally on Friday, September 30, 2022.
The rally will be held in front of Stanton City Hall (similar setup to the 2021 rally) for approximately one hour. The purpose of the rally is to support democracy and human rights in Myanmar. The request is for the following in-kind services:
Use of City restroom facilities.
Use of City podium.
2. Monthly food drives beginning September 2022 – June 30, 2023 Since the start of the Covid-19 pandemic, Friends of Families has been at the forefront of collaborating with cities to provide food and other essentials to residents who were, and continue to be, affected by the negative impacts of Covid-19. The request is for the following in-kind services:
Use of City restroom facilities.
Use of City traffic control.
To complete the application, please return one signed sponsorship request form along with proof of non-profit status.
Regards,
Hannah
Hannah Shin-Heydorn
City Manager
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
714-890-4277
Attachment: B
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1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 13, 2022
SUBJECT: AMERICAN RESCUE PLAN ACT (ARPA) ALLOCATION OF FUNDS REPORT IN BRIEF:
Staff will provide an American Rescue Plan Act (ARPA) presentation regarding the proposed final allocation of the City’s ARPA funds. Staff is seeking Council approval or direction on the proposed allocation plan.
RECOMMENDED ACTION:
1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and
2. Approve or provide direction to staff on the proposed allocation plan for the remaining unencumbered ARPA funds.
BACKGROUND:
Through the passage of H.R. 1319, the American Rescue Plan Act of 2021 (ARPA), state, tribal, and local governments have received billions in much-needed relief to help offset the negative impacts of COVID-19. The City’s Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocation is $9,123,660, and the full amount must be encumbered by the end of calendar year 2024.
On January 27, 2022, the U.S. Treasury Department published a Final Rule to implement the SLFRF program. The Final Rule establishes five eligible use categories for the funds:
• Responding to the public health emergency or its negative economic impacts. • Providing premium pay to eligible workers (performing essential work). • Providing government services (to the extent of the reduction in the recipient’s general revenue due to the public health emergency).
• Making necessary investments in water, sewer, and broadband infrastructure. • Meeting the non-federal matching requirements for Bureau of Reclamation projects.
Item: 8A
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2 Under the Final Rule’s Standard Allowance threshold, the City is allowed to claim up to $10 million as general revenue loss due to the public health emergency. By opting to take the Standard Allowance, the City is permitted to use the entire $9,123,660 for the provision of government services. The Treasury Department has clarified that “generally speaking, services provided by the recipient governments are ‘government services’ under the interim final rule and final rule, unless Treasury has stated otherwise.” Activities that the Treasury Department has explicitly excluded from the definition of government services include:
• Payment of debt service;
• Replenishing of financial reserves (e.g., rainy day funds); • Satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding, unless the judgment or settlement required the provision of government services;
• Deposits into any pension fund; and
• Uses that conflict with the overall statutory purpose of ARPA to reduce the spread of COVID-19.
ANALYSIS:
To date, the Council has committed $7,915,629 of its $9,123,660 ARPA allocation, leaving a remaining balance of $1,208,031. In preparing the proposed allocations, staff considered the results of the Community Needs Assessment, the City’s documented Strategic Plan Objectives, those projects already funded, community impact, department recommendations, and resource capacity to deliver projects within the next one to three years. The following table summarizes the eight projects that came out of this review and a more detailed description of each project can be found in the presentation slides (Attachment A).
Table 1. Proposed Allocation Plan for Remaining ARPA Funds Project Proposed Funding
1 Stanton Park Refresh $410,000
2 Premier Park Redesign $200,000
3 City Hall Security Access/Fire Alarm Upgrade $200,000 4 IT Maintenance $108,031
5 City Rebrand & Implementation $100,000
6 ADA Transition Plan $90,000
7 Quality of Life Neighborhood Enhancements $50,000
8 Quality of Life Security (Blue Light) Camera $50,000
TOTAL $1,208,031
Staff will present a review of ARPA funds expended to-date and project progress updates at the Council meeting of September 27, 2022.
3 FISCAL IMPACT:
The total proposed allocations equal $1,208,031, the remaining amount of the City’s total ARPA allocation.
ENVIRONMENTAL IMPACT:
None. This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly).
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:
1. Provide a safe community.
2. Provide a strong local economy.
3. Provide a quality infrastructure.
4. Ensure fiscal stability and efficiency in governance.
5. Provide a high quality of life.
6. Maintain and promote a responsive, high-quality, and transparent government.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared by: Jason Huynh, Management Analyst
Reviewed by: Soo Kang, Assistant to the City Manager
Reviewed by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachment:
A. ARPA Allocation Presentation
September 13, 2022
ARPA
PROPOSED ALLOCATION PLAN
RESPOND, RECOVER, REBUILD
Attachment: A
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• The American Rescue Plan Act of 2021 (ARPA) provided much-needed relief to state, tribal, and local governments to help offset the negative impacts of COVID-19.
• The City’s allocation is $9,123,660 and the full amount must be encumbered by the end of calendar year 2024.
• The Council has already allocated $7,915,629.
• The remaining funds available for allocation is $1,208,031.
ARPA
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Most Important Issue Top Priorities
COMMUNITY NEEDS ASSESSMENT
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1. Safe Community
2. Strong Local Economy
3. Quality Infrastructure
4. Fiscal Stability & Efficiency
5. High Quality of Life
6. Responsive, High-Quality, & Transparent
Government
STRATEGIC PLAN OBJECTIVES
55 Totals $7,915,629 $1,378,699
Project Budget Spent
NeoGov Recruitment Software $20,000 $1,750
Grant for Boys & Girls Club of Stanton $250,000 $250,000 Purchase of Property (Baumann’s Market,
residential opportunities, etc.) $2,800,000 $8,135
Additional ARPA-related Costs Incurred
through 6/30/21 $254,178 $238,056
Community Needs Assessment $23,900 $23,900
Outdoor Fitness Court (Stanton Park) $127,910 $127,909
Parks Master Plan $180,000 $0
Holistic Care (Part-time to Full-time
Counselor) $530,271 $33,644
Project Budget Spent
Disinfection at City Facilities $25,200 $23,063
Homeless Outreach Coordinators $1,401,860 $277,410
Crime Prevention Specialist and
Sheriff Dept. Office Specialist $766,225 $92,625
Sheriff’s Station Reflooring $60,000 $60,000
Planning Manager and Community &
Economic Development Departmental
Assistant
$849,340 $122,274
Bang the Table Engagement Platform
(Let’s Talk Stanton) $14,890 $14,890
Senior Accounting Technician
(Grant Specialist) $274,980 $41,553
Management Analyst $336,875 $63,407
CURRENT PROJECT BUDGETS & EXPENDITURES
*Estimated 66
PROPOSED ALLOCATION OF
REMAINING ARPA FUNDS
Unencumbered ARPA Funds $1,208,031
Project Cost
1 Stanton Park Refresh $410,000
2 Premier Park Redesign $200,000
3 City Hall Security Access/Fire Alarm Upgrade $200,000 4 IT Maintenance $108,031
5 City Rebrand & Implementation $100,000
6 ADA Transition Plan $90,000
7 Quality of Life Neighborhood Enhancements $50,000
8 Quality of Life Security (Blue Light) Cameras $50,000 Total $1,208,031
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Project Description: Stanton Park is located on Cedar Street and is a 5.5-acre recreation park with a playground, picnic shelters, restroom structure, fitness equipment, and open space. The current park and acreage as programmed and designed is not providing maximum benefit to the community and the playground structure and surfacing is in need of updating. While undertaking the community engagement process to shape the vision for Norm Ross, there is an opportunity to reimagine the entire area as a cohesive whole.
Project Vision: Stanton Park will serve as a gateway to the Civic Center recreational experience.
Allocation Amount: $500,000
Community Priority Strategic Plan
Objective(s)
Community Impact Projected Timeline
High 1, 2, 3, 5, 6 High March 2025
PROJECT 1
STANTON PARK REFRESH
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Project Description: Premier Park is located on Briarwood Street and is a 0.9-acre recreation park with a playground, basketball half court, and picnic tables. The renovation project will replace outdated play equipment and provide modern park amenities.
Based on community feedback and staff input, proposed amenities include: drinking fountain and refillable bottle station, fitness equipment, playground and play features, rubber surfacing, security lighting, shaded seating areas near the playground, swings, trash and recycling, and a walking trail/pathway around the park perimeter.
Project Vision: Premier Park will be equipped with modern park amenities.
Allocation Amount: $200,000
Community Priority Strategic Plan
Objective(s)
Community Impact Projected Timeline
High 1, 2, 3, 5, 6 High March 2024
PROJECT 2
PREMIER PARK REDESIGN
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Project Description: Upgrade the security system providing access to City Hall and the fire alarm system. Upgrades to the proposed systems will enhance and support safety in the workplace.
Project Vision:
• Protect staff and visitors to City Hall and support quality customer service • Prevent security breaches and unauthorized access
• Improve employee morale, engagement, and job satisfaction • Protect City assets, equipment, and work products
• Support efficiency and productivity
• Reduce costs, risk, and liability
Allocation Amount: $110,000
Community Priority Strategic Plan
Objective(s)
Community Impact Projected Timeline
High 1, 6 High December 2023
PROJECT 3
CITY HALL SECURITY ACCESS/FIRE ALARM UPGRADE
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Project Description: Conduct necessary deferred IT maintenance, replacing equipment and software that has passed its useful life.
Project Vision:
• Provide stability to City operations
• Prevent security breaches and unauthorized access
• Improve employee morale, engagement, and job satisfaction • Protect City assets, equipment, and work products
• Support efficiency and productivity
• Reduce costs, risk, and liability
Allocation Amount: $108,031
Community Priority Strategic Plan
Objective(s)
Community Impact Projected Timeline
High 1, 3, 4, 6 High June 2023
PROJECT 4
IT MAINTENANCE
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Project Description: Work with a consultant to identify a new City brand to communicate the special characteristics of Stanton. Branding efforts may include an updated City logo, seal, and motto along with pre-defined messaging themes.
Project Vision:
• Establish a brand
• Increase recognition
• Promote economic development
• Engage the community and foster community pride
Allocation Amount: $100,000
Community Priority Strategic Plan
Objective(s)
Community Impact Projected Timeline
Moderate 2, 5, 6 Moderate June 2023
PROJECT 5
CITY REBRAND AND IMPLEMENTATION
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Project Description: Work with a consultant to develop an ADA Self-Evaluation and Transition Plan that provides a means for ensuring that the City’s programs, services, facilities, and activities comply with federal and state law related to accessibility.
Status:
• August 1, 2022- RFP issued
• September 12, 2022- proposal submission deadline
• October/November 2022- Staff anticipates bringing recommendation of award to Council Project Vision: To promote equity and inclusion throughout all City services and public facilities.
Allocation Amount: $90,000
Community Priority Strategic Plan
Objective(s)
Community Impact Projected Timeline
Moderate 1, 3, 5, 6 High November 2023
PROJECT 6
ADA TRANSITION PLAN
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Project Description: Implement and install minor physical improvements in designated areas to promote quality of life. Examples include initial weed abatement and ongoing maintenance, installation of fencing, installation of guard rails, enhanced protection of storm drain areas, etc.
These minor improvements are anticipated to support the daily efforts of Public Works and Public Safety staff in promoting a high quality of life to the residents and business community.
Project Vision: Improve physical infrastructure to promote and maintain a high quality of life and public safety.
Allocation Amount: $50,000
Community Priority Strategic Plan
Objective(s)
Community Impact Projected Timeline
High 1, 2, 3, 4, 5, 6 High June 2023
PROJECT 7
QUALITY OF LIFE NEIGHBORHOOD ENHANCEMENTS
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Project Description: Blue light security cameras will be installed at major intersections along Beach Blvd. within city limits. These blue light, high-visibility cameras are not for traffic enforcement, but rather to promote public safety, quality of life, and economic development. The City of Anaheim has found these cameras to be highly effective for locating and deterring crime. Officers can use video evidence to conduct investigations of crimes that would have otherwise been undetected.
Project Vision: Implement modern public safety deterrent strategies to promote and maintain a high quality of life.
Allocation Amount: $50,000
Community Priority Strategic Plan
Objective(s)
Community Impact Projected Timeline
High 1, 2, 3, 4, 5, 6 High June 2023
PROJECT 8
QUALITY OF LIFE SECURITY (BLUE LIGHT) CAMERAS
*Estimated 1515
PROPOSED ALLOCATION OF
REMAINING ARPA FUNDS
Unencumbered ARPA Funds $1,208,031
Project Cost
1 Stanton Park Refresh $410,000
2 Premier Park Redesign $200,000
3 City Hall Security Access/Fire Alarm Upgrade $200,000 4 IT Maintenance $108,031
5 City Rebrand & Implementation $100,000
6 ADA Transition Plan $90,000
7 Quality of Life Neighborhood Enhancements $50,000
8 Quality of Life Security (Blue Light) Cameras $50,000 Total $1,208,031
CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 13, 2022
SUBJECT: RESPONSE TO THE 2021-2022 ORANGE COUNTY GRAND JURY REPORT DATED JUNE 23, 2022, ENTITLED, “WHERE HAVE ALL THE CRVS GONE?”
REPORT IN BRIEF:
On June 23, 2022, the Orange County Grand Jury released a report entitled “Where Have All the CRVs Gone?” (Attachment A). The purpose of the report was to examine the lack of redemption sites and the innovative programs being piloted to return California Redemption/Refund Value (CRV) dollars to Orange County consumers.
California Penal Code Sections 933 and 933.05 require any public agency that the Grand Jury reviews respond to the findings and recommendations of the Grand Jury Report. The City’s proposed response letter responds to each of the applicable findings and recommendations (Attachment B).
RECOMMENDED ACTION:
1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 32, and Section 15332; and
2. Authorize the Mayor to sign the response letter to the Orange County Grand Jury related to the findings and recommendations contained in the June 23, 2022, report entitled “Where Have All the CRVs Gone?”.
BACKGROUND:
CRV is a regulatory fee paid on recyclable beverage containers in California, established by the California Beverage Container Recycling and Litter Reduction Act of 1986. Since 2010, the program has been administered by the Cal/EPA California Department of Resources Recycling and Recovery (CalRecycle). The Act was intended to increase the recycling rate to 80% of all recyclable containers and to promote convenience in redeeming consumer deposits.
Item: 9A
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The Orange County Grand Jury (Grand Jury) studied the current market for recyclables, requirements relating to acceptance of recyclables by retailers, and a general reduction or closure of CRV redemption centers. Additionally, the report highlights efforts by CalRecycle to encourage grant or pilot programs to provide access to recycling centers.
ANALYSIS AND JUSTIFICATION:
California Penal Code Sections 933 and 933.05 require any public agency that the Grand Jury reviews respond to the findings and recommendations of the Grand Jury report. The City is required to respond because it is reviewed in the report along with 16 other Orange County cities and the County of Orange. The City Manager’s Office has drafted a response for Council consideration. The proposed response letter responds to each of the applicable findings and recommendations listed on pages 14-15 of the report.
The Grand Jury report contains four findings for which the City is required to respond to three (F1, F2, and F3). The City partially disagrees with all three findings.
F1 Due to the reduced availability of convenient CRV redemption sites and the lack of accurate online information, it is difficult for resident consumers to redeem CRV fees.
PARTIALLY DISAGREE. The City of Stanton has a public buyback recycling center located within City limits, operated by CR&R. The facility accepts CRV beverage containers for redemption, and accurate information on the recycling center is easily found online. However, based on the information provided in the report, this finding may be true for other residents throughout Orange County.
F2 Because redemption site locations have diminished in number, waste haulers are the beneficiaries to the CRV fees paid originally by resident consumers.
PARTIALLY DISAGREE. Without additional data for all 33 Orange County cities, it is difficult to affirm this finding is reflective of each city’s situation; however, based on the information provided in the report, there are trends that support the finding.
F3 CalRecycle is attempting to improve CRV redemption and reduce CRV recyclables from landfills and are offering financial incentives to do so. Orange County and its cities are not fully taking advantage of the grant or pilot program opportunities available through CalRecycle.
PARTIALLY DISAGREE. The City of Stanton seeks out and applies for CalRecycle programs and grants for which the City is eligible. Without additional data for all 33 Orange County cities, it is difficult to affirm this finding is reflective of each city’s situation.
The Grand Jury report contains four recommendations for which the City is required to respond. Cities are required to respond with one of four statutorily identified responses:
1) The recommendation has been implemented with a summary regarding the implemented action; 2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation; 3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion; or 4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
R1 By January of 2023, each of the cities in Orange County should research and apply for available grants or pilot programs from CalRecycle for their community that focus on returning more CRV funds to their residents.
The recommendation has been implemented. The City of Stanton regularly applies for, receives, and utilizes CalRecycle’s Beverage Container Recycling Grant Program on an annual basis. Additionally, the City reviews and applies for similar grants for which the City is eligible.
R2 By January of 2023, the Orange County Board of Supervisors should require OC Waste & Recycling to research and apply for available grants or pilot programs from CalRecycle for the unincorporated areas of OC that focus on returning more CRV funds to their residents.
The recommendation will not be implemented because it is not reasonable. The City of Stanton will not implement this recommendation because both the Agency (OC Waste & Recycling) and the focus areas (unincorporated Orange County) are not within the City’s jurisdiction, control, or authority.
R3 When renegotiating their current waste hauler contract, all cities and the County of Orange should assess the value of the CRV funds received by the waste hauler in their jurisdiction and creatively leverage this revenue for the benefit of their residents.
This recommendation has not yet been implemented, but will be implemented in the future. The City is currently negotiating a new Franchise Agreement with its waste and recycling hauler and will review CRV funds and revenues as part of the overall process.
R4 By January of 2023, all cities and the County of Orange should develop extensive community outreach programs aimed at educating the public about how to access CRV redemption in their jurisdiction.
This recommendation has not yet been implemented, but will be implemented in the future. The City currently includes general recycling information on its website and will work with the City’s communication team to develop a more focused outreach program within the next four to six months.
Pursuant to California Penal Code Sections 933 and 933.05, the City’s response to the Grand Jury is due on September 28, 2022.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
In accordance with the requirements of the California Environmental Quality Act (CEQA), this project has been determined to be categorically exempt under Section 15332, Class 32 (In-Fill Development).
PUBLIC NOTIFICATION:
Public notification provided through the regular agenda process.
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
5 – Provide a high quality of life.
6 – Maintain and promote a responsive, high quality and transparent government.
Prepared by: Hannah Shin-Heydorn, City Manager
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. Grand Jury Report “Where Have All the CRVs Gone?”
B. City Response to Report
Attachment: A
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David J. Shawver
Mayor
Rigoberto A. Ramirez
Mayor Pro Tem
Carol Warren
Council Member
Gary Taylor
Council Member
Hong Alyce Van
Council Member
Hannah Shin-Heydorn
City Manager
7800 Katella Avenue
Stanton, CA 90680
Phone (714) 379-9222
Fax (714) 890-1443
www.stanton.ca.gov
September 13, 2022
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
Dear Honorable Judge Erick L. Larsh:
The City of Stanton received the 2021-2022 Orange County Grand Jury report entitled “Where Have All the CRVs Gone?”. As required by California Penal Code Sections 933 and 933.05, the City of Stanton is responding to the findings and recommendations included in the report.
Findings
F1: Due to the reduced availability of convenient CRV redemption sites and the lack of accurate online information, it is difficult for resident consumers to redeem CRV fees.
Response: The Respondent partially disagrees with the findings.
The City of Stanton has a public buyback recycling center located within City limits, operated by CR&R. The facility accepts CRV beverage containers for redemption, and accurate information on the recycling center is easily found online. However, based on the information provided in the report, this finding may be true for other residents throughout Orange County.
F2: Because redemption site locations have diminished in number, waste haulers are the beneficiaries to the CRV fees paid originally by resident consumers.
Response: The Respondent partially disagrees with the findings.
Without additional data for all 33 Orange County cities, it is difficult to affirm this finding is reflective of each city’s situation; however, based on the information provided in the report, there are trends that support the finding.
F3: CalRecycle is attempting to improve CRV redemption and reduce CRV recyclables from landfills and are offering financial incentives to do so.
Orange County and its cities are not fully taking advantage of the grant or pilot program opportunities available through CalRecycle.
Attachment: B
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Response: The Respondent partially disagrees with the findings.
The City of Stanton seeks out and applies for CalRecycle programs and grants for which the City is eligible. Without additional data for all 33 Orange County cities, it is difficult to affirm this finding is reflective of each city’s situation.
Recommendations
R1: By January of 2023, each of the cities in Orange County should research and apply for available grants or pilot programs from CalRecycle for their community that focus on returning more CRV funds to their residents.
Response: The recommendation has been implemented.
The City of Stanton regularly applies for, receives, and utilizes CalRecycle’s Beverage Container Recycling Grant Program on an annual basis. Additionally, the City reviews and applies for similar grants for which the City is eligible.
R2: By January of 2023, the Orange County Board of Supervisors should require OC Waste & Recycling to research and apply for available grants or pilot programs from CalRecycle for the unincorporated areas of OC that focus on returning more CRV funds to their residents.
Response: The recommendation will not be implemented because it is not reasonable.
The City of Stanton will not implement this recommendation because both the Agency (OC Waste & Recycling) and the focus areas (unincorporated Orange County) are not within the City’s jurisdiction, control, or authority.
R3: When renegotiating their current waste hauler contract, all cities and the County of Orange should assess the value of the CRV funds received by the waste hauler in their jurisdiction and creatively leverage this revenue for the benefit of their residents.
Response: This recommendation has not yet been implemented, but will be implemented in the future.
The City is currently negotiating a new Franchise Agreement with its waste and recycling hauler and will review CRV funds and revenues as part of the overall process.
R4: By January of 2023, all cities and the County of Orange should develop extensive community outreach programs aimed at educating the public about how to access CRV redemption in their jurisdiction.
Response: This recommendation has not yet been implemented, but will be implemented in the future.
The City currently includes general recycling information on its website and will work with the City’s communication team to develop a more focused outreach program within the next four to six months.
Should you have any questions or need any additional information, please contact Hannah Shin-Heydorn, City Manager, at (714) 890-4277 or via email at [email protected].
Respectfully,
David J. Shawver
Mayor
Cc: Orange County Grand Jury
700 Civic Center Drive West
Santa Ana, CA 92701
CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: September 13, 2022
SUBJECT: RESPONSE TO THE 2021-2022 ORANGE COUNTY GRAND JURY REPORT DATED JUNE 17, 2022, ENTITLED, “HOW IS ORANGE
COUNTY ADDRESSING HOMELESSNESS?”
REPORT IN BRIEF:
On June 17, 2022, the Orange County Grand Jury released a report entitled “How is Orange County Addressing Homelessness?” (Attachment A). The purpose of the report was to study the Orange County Continuum of Care to understand how the County is working to address homelessness. California Penal Code Sections 933 and 933.05 require any public agency that the Grand Jury reviews respond to the findings and recommendations of the Grand Jury Report. The City’s proposed response letter responds to each of the applicable findings and recommendations (Attachment B).
RECOMMENDED ACTION:
1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 32, and Section 15332; and
2. Authorize the Mayor to sign the response letter to the Orange County Grand Jury related to the findings and recommendations contained in the June 17, 2022, report entitled “How is Orange County Addressing Homelessness?”.
BACKGROUND:
Orange County’s response to homelessness is a collaboration led by the independent Orange County Continuum of Care Board (CoC), which oversees the distribution of federal and state homeless funding. The CoC is supported by the Orange County Office of Care Coordination (OCC) which administers contracts, monitors budgets, and evaluates the results of the funded programs.
Item: 9B
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The Orange County Grand Jury (Grand Jury) studied the CoC to understand how the County is working to address homelessness. The collaborative efforts led by the CoC and OCC have resulted in a system of care across multiple levels of government programs and community providers. It further established a coordinated entry system, a cooperative homeless information system, and consolidated applications for federal and state funds.
ANALYSIS AND JUSTIFICATION:
California Penal Code Sections 933 and 933.05 require any public agency that the Grand Jury reviews respond to the findings and recommendations of the Grand Jury report. The City is required to respond because it is reviewed in the report along with the other 33 Orange County cities and the County of Orange. The City Manager’s Office has drafted a response for Council consideration. The proposed response letter responds to each of the applicable findings and recommendations listed on pages 13-14 of the report.
The Grand Jury report contains six findings for which the City is required to respond to two (F3 and F4). The City disagrees with the third finding, and partially agrees with the fourth finding.
F3 The County of Orange and cities within Orange County have been inconsistent in collaboration for support of shelters and services, which has resulted in missed opportunities to end homelessness.
DISAGREE. The thirteen (13) North Orange County Service Planning Area cities, which includes the City of Stanton, have designed a system of care for support of outreach and shelter activities to address homelessness. Efforts included coordinating the different network systems of resources and services:
• Developing one network system through the implementation of a regional street homeless outreach and engagement services program across the 13 cities utilized for referrals and case management.
• A warm hand-off between public safety and community-based organizations to ensure the right resources are being provided for the right person at the right time.
• Spring 2018: Inaugural month-long, by-name Homeless Census Report resulting in a census of 1,837 in North Orange County, of which 1,324 provided their individual unique identifiers to track their progress (By-Name Registry).
• Spring 2021: From the 2018 1,324 By-Name Registry, over 628 exited homelessness and entered into housing and 581 have engaged in case management.
• The By-Name Registry allowed service providers to utilize a software application – Outreach Grid – to effectively streamline support for transient homeless individuals to match them with relevant care and housing. • Significantly reduced the amount of time public safety officers or service workers searched for resources and decreased the inability to find a client. • Shared responsibility with a common agenda and vision by entering a Memorandum of Understanding amongst the participating cities to determine governance, cost sharing and operational responsibilities in the creation of two regional Navigation Centers.
• Established the first-of-its-kind bed shelter reservation management system application to coordinate availability in Navigation Centers to ensure that beds are available and ready for use in real time.
• The City of Stanton also hosted Project Roomkey with 72 units in a noncongregate setting during the State’s pandemic-driven operation of the project through a collaborative effort with the County and community-based organizations.
F4 There are an insufficient number of rental units available to those exiting Emergency Shelters, resulting in the majority returning to homelessness when leaving the shelter.
PARTIALLY AGREE. The County’s Coordinated Entry System is intended to streamline access and referrals to housing opportunities to support people experiencing homelessness in accessing permanent housing. In addition to constraints in the housing market, additional barriers such as lack of income, criminal backgrounds, and lower credit scores add another layer of complexity, delaying housing and more importantly stabilization. Within that context, the City of Stanton was the first city in Orange County to collaborate with the State’s Homekey Program, resulting in 132 non-congregate interim housing units which are now transitioning to permanent supportive housing units. During the second round of Homekey Program funding, the City of Stanton will add an additional 20 permanent supportive housing units serving the chronically homeless, veterans and those with mental health-related issues. This would not have been possible without the long-standing partnerships with the County, community-based organizations, and the City Council supporting the funding of such coordinated endeavors.
Moreover, the City of Stanton has also invested in the hiring of four full-time Homeless Outreach Coordinators to conduct street-level homeless outreach and engagement services including the coordination of case management and housing navigation resources to prevent a return to homelessness.
The Grand Jury report contains six recommendations for which the City is required to respond to three (R4, R5, and R6). Cities are required to respond with one of four statutorily identified responses: 1) The recommendation has been implemented with a summary regarding the implemented action; 2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation; 3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion; or 4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
R4 By July 1, 2024, the County of Orange and cities should collaborate to open facilities that can house people with severe and persistent mental illness and addiction issues in a secure setting.
The recommendation has been implemented. The City of Stanton, through its Homekey participation and investment, will be contributing 152 permanent supportive housing units which will also serve those with severe and persistent mental illness by late summer of 2023.
R5 By July 1, 2023, the County of Orange, cities and CoC should collaborate to encourage the development of housing affordable to individuals exiting the emergency shelters in Orange County.
The recommendation has been implemented. Since August 2020, the City of Stanton has been a paragon for the collaborative model in the development of affordable housing and has inspired other cities to participate in the second round of Homekey funding opportunities. Dedicated staff from the City of Stanton, County, and community-based organizations created a new model of unified responsibility with a single-entry point for communication, coordination of tasks, and integration of disparate data to obtain State funding to produce permanent supportive housing units.
R6 By December 1, 2022, the County of Orange, cities and CoC should collaborate to increase the number of housing opportunities for Transitional Aged Youth.
The recommendation has been implemented. Currently, through its participation in the North Orange County Public Safety Collaborative as its fiscal agent, the City of Stanton funds community-based organizations such as HIS-OC that operates 8 male beds for Transitional Aged Youth.
Pursuant to California Penal Code Sections 933 and 933.05, the City’s response to the Grand Jury is due on September 21, 2022.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
In accordance with the requirements of the California Environmental Quality Act (CEQA), this project has been determined to be categorically exempt under Section 15332, Class 32 (In-Fill Development).
PUBLIC NOTIFICATION:
Public notification provided through the regular agenda process.
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
1 – Provide a safe community.
5 – Provide a high quality of life.
6 – Maintain and promote a responsive, high quality and transparent government.
Prepared by: Hannah Shin-Heydorn, City Manager
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. Grand Jury Report “How is Orange County Addressing Homelessness?” B. City Response to Report
!
Attachment: A
Click here to return to the agenda.
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David J. Shawver
Mayor
Rigoberto A. Ramirez
Mayor Pro Tem
Carol Warren
Council Member
Gary Taylor
Council Member
Hong Alyce Van
Council Member
Hannah Shin-Heydorn
City Manager
7800 Katella Avenue
Stanton, CA 90680
Phone (714) 379-9222
Fax (714) 890-1443
www.stanton.ca.gov
September 13, 2022
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
Dear Honorable Judge Erick L. Larsh:
The City of Stanton received the 2021-2022 Orange County Grand Jury report entitled “How is Orange County Addressing Homelessness?”. As required by California Penal Code Sections 933 and 933.05, the City of Stanton is responding to the findings and recommendations included in the report.
Findings
F3: The County of Orange and cities within Orange County have been inconsistent in collaboration for support of shelters and services, which has resulted in missed opportunities to end homelessness.
Response: The Respondent disagrees with the findings.
The thirteen (13) North Orange County Service Planning Area cities, which includes the City of Stanton, have designed a system of care for support of outreach and shelter activities to address homelessness. Efforts included coordinating the different network systems of resources and services:
• Developing one network system through the implementation of a regional street homeless outreach and engagement services program across the 13 cities utilized for referrals and case management. • A warm hand-off between public safety and community-based organizations to ensure the right resources are being provided for the right person at the right time.
• Spring 2018: Inaugural month-long, by-name Homeless Census Report resulting in a census of 1,837 in North Orange County, of which 1,324 provided their individual unique identifiers to track their progress (By-Name Registry).
• Spring 2021: From the 2018 1,324 By-Name Registry, over 628 exited homelessness and entered into housing and 581 have engaged in case management.
• The By-Name Registry allowed service providers to utilize a software application - Outreach Grid - to effectively streamline support for transient homeless individuals to match them with relevant care and housing.
Attachment: B
Click here to return to the agenda.
• Significantly reduced the amount of time public safety officers or service workers searched for resources and decreased the inability to find a client. • Shared responsibility with a common agenda and vision by entering a Memorandum of Understanding amongst the participating cities to determine governance, cost sharing and operational responsibilities in the creation of two regional Navigation Centers.
• Established the first-of-its-kind bed shelter reservation management system application to coordinate availability in Navigation Centers to ensure that beds are available and ready for use in real time.
• The City of Stanton also hosted Project Roomkey with 72 units in a noncongregate setting during the State's pandemic-driven operation of the project through a collaborative effort with the County and community-based organizations.
F4: There are an insufficient number of rental units available to those exiting Emergency Shelters, resulting in the majority returning to homelessness when leaving the shelter.
Response: The Respondent partially agrees with the findings.
The County’s Coordinated Entry System is intended to streamline access and referrals to housing opportunities to support people experiencing homelessness in accessing permanent housing. In addition to constraints in the housing market, additional barriers such as lack of income, criminal backgrounds, and lower credit scores add another layer of complexity, delaying housing and more importantly stabilization. Within that context, the City of Stanton was the first city in Orange County to collaborate with the State’s Homekey Program, resulting in 132 non-congregate interim housing units which are now transitioning to permanent supportive housing units. During the second round of Homekey Program funding, the City of Stanton will add an additional 20 permanent supportive housing units serving the chronically homeless, veterans and those with mental health-related issues. This would not have been possible without the longstanding partnerships with the County, community-based organizations, and the City Council supporting the funding of such coordinated endeavors.
Moreover, the City of Stanton has also invested in the hiring of four full-time Homeless Outreach Coordinators to conduct street-level homeless outreach and engagement services including the coordination of case management and housing navigation resources to prevent a return to homelessness.
Recommendations
R4: By July 1, 2024, the County of Orange and cities should collaborate to open facilities that can house people with severe and persistent mental illness and addiction issues in a secure setting.
Response: The recommendation has been implemented.
The City of Stanton, through its Homekey participation and investment, will be contributing 152 permanent supportive housing units which will also serve those with severe and persistent mental illness by late summer of 2023.
R5: By July 1, 2023, the County of Orange, cities and CoC should collaborate to encourage the development of housing affordable to individuals exiting the emergency shelters in Orange County.
Response: The recommendation has been implemented.
Since August 2020, the City of Stanton has been a paragon for the collaborative model in the development of affordable housing and has inspired other cities to participate in the second round of Homekey funding opportunities. Dedicated staff from the City of Stanton, County, and community-based organizations created a new model of unified responsibility with a single-entry point for communication, coordination of tasks, and integration of disparate data to obtain State funding to produce permanent supportive housing units.
R6: By December 1, 2022, the County of Orange, cities and CoC should collaborate to increase the number of housing opportunities for Transitional Aged Youth.
Response: The recommendation has been implemented.
Currently, through its participation in the North Orange County Public Safety Collaborative as its fiscal agent, the City of Stanton funds community-based organizations such as HIS-OC that operates 8 male beds for Transitional Aged Youth.
Should you have any questions or need any additional information, please contact Hannah Shin-Heydorn, City Manager, at (714) 890-4277 or via email at [email protected].
Respectfully,
David J. Shawver
Mayor
Cc: Orange County Grand Jury
700 Civic Center Drive West
Santa Ana, CA 92701
1 CITY OF STANTON
REPORT TO THE STANTON HOUSING AUTHORITY
AND CITY COUNCIL
TO: Honorable Chair and Members of the Successor Agency DATE: September 13, 2022
SUBJECT: APPROVAL OF SECOND AMENDMENT EXTENDING THE CONTRACT WITH QUALITY MANAGEMENT GROUP, INC. TO PROVIDE
PROPERTY MANAGEMENT CONSULTING SERVICES
REPORT IN BRIEF:
Quality Management Group, Inc. (Quality Management) has been providing property management consulting services for the Stanton Housing Authority-owned properties within the Tina-Pacific neighborhood since 2020. The professional services agreement expired on July 1, 2021. If approved, this Second Amendment will extend the term of the agreement through June 30, 2023. Quality Management would also like to provide an update on their services.
RECOMMENDED ACTION:
1. Stanton Housing Authority/City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and
2. Approve the Second Amendment to the existing agreement with Quality Management Group, Inc. and allow the City Attorney/Authority Counsel to make minor edits as necessary prior to the execution of the Amendment; and
3. Authorize the City Manager/Executive Director to execute the Second Amendment to the existing agreement with Quality Management Group, Inc.
BACKGROUND:
The Tina-Pacific Neighborhood is an approximately 10.27-acre site comprised of 40 parcels along Tina Way and Pacific Avenue, between Magnolia Avenue and Sherrill Street. Over the past decade, the Housing Authority and City of Stanton have collectively acquired 31 of the 40 parcels in the Tina-Pacific Neighborhood (25 under the Housing Authority and 6 under the City). Of these properties, 17 contain four-plex buildings (76 units) and 14 are vacant lots. 8861 Pacific Avenue is currently in the process of being demolished.
Item: 9C
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2 In order to provide property management consulting services, on June 9, 2020 the Stanton Housing Authority/City entered into a contract with Quality Management Group, Inc. (Quality Management) to manage the City and Housing Authority-owned properties (Agreement). On October 27, 2020, the City/Housing Authority entered into the First Amendment to the Agreement, which increased the operational budget to include allocations for additional services.
ANALYSIS/JUSTIFICATION:
In a competitive bid process, Quality Management had the most qualified proposal out of the three proposals received. Staff worked with Quality Management to refine their Statement of Qualifications into a more extensive proposal for services. Their scope of work includes, but is not limited to, all of the following:
• Administration and enforcement of rental agreement terms • Liaison services between tenants and City staff
• Collection of rents, fees, and late charges
• Regular property monitoring for repairs and preventative maintenance • Management and overseeing of improvements or modifications to the properties • Ground maintenance for vacant parcels and vacant housing units • Annual inspection of units (interior and exterior)
Quality Management is currently providing services on a month-to-month basis at their proposed monthly rates until the final disposition of their contract is known. Quality Management has agreed to maintain their initial rates as part of the proposed amendment. The annual compensation consists of the following:
Management Fee $ 75,000
Salaries $ 96,200
Debris Cleanup $ 9,352
Repairs (to ensure health & safety) $ 45,000
Lighting (security measure) $ 10,800
Total* $ 195,852
*Note that these costs are partially offset by rental income.
In addition, the City has the option to contract out for landscaping ($14,312 / month), security ($8,736 / month), and unauthorized tenant removal (time and materials).
The original term of the Agreement expired on June 30, 2022. While the City is presently negotiating with Brandywine Homes, National CORE, and C&C Development for disposition of the Tina-Pacific properties under the California Surplus Lands Act, there is a continued need for property management services. Consequently, an amendment is needed to extend the term of the Agreement.
3 FISCAL IMPACT:
The Housing Authority Fund’s Fiscal Year 2022-23 Adopted Budget includes $175,000 in property management services for the Tina-Pacific Neighborhood to fund Quality Management’s salaries and management fee. In addition, the Housing Authority Fund’s adopted budget includes $90,000 for repairs and maintenance costs associated with the Tina-Pacific Neighborhood.
ENVIRONMENTAL IMPACT:
None. This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060©(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, as it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment).
LEGAL REVIEW:
The City Attorney’s office has reviewed the Second Amendment to the Agreement.
STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:
1. Provide a safe community.
3. Provide a quality infrastructure.
6. Maintain and promote a responsive, high-quality, and transparent government.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared by: Jason Huynh, Management Analyst
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment(s):
A. Second Amendment to the Agreement
B. Original Agreement with First Amendment
55414.00000\40152681.1
CITY OF STANTON
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
1. PARTIES AND DATE.
This Second Amendment to Agreement for Consultant Services (“Second Amendment”), is made and entered into on this ____ day of September, 2022, by and between the City of Stanton (hereinafter referred to as the “City”) and Quality Management Group, Inc., a California Corporation, with its principal place of business at 3105 E. Guasti Road, Suite 100, Ontario, California 91761 (hereinafter referred to as the “Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Professional Services Agreement for Consulting Services to conduct property management, dated June 9, 2020 (“Agreement”).
2.2 First Amendment. The Parties entered into that certain First Amendment in order to supplement the scope of services to be provided by the Consultant and to increase the total compensation under the Agreement, dated October 27, 2020 (“First Amendment”).
2.3 Second Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and to increase the total compensation under the Agreement.
3. TERMS.
3.1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
“This Agreement shall commence on June 9, 2020 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.”
3.2 Compensation. Section 5 of the Agreement is hereby amended in its entirety and restated to read as follows:
“5. PAYMENT
(a) Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Second Amendment at the rates set forth in Exhibit “B,” attached hereto and incorporated herein by reference. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Six Hundred Thousand Dollars ($600,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
Attachment: A
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55414.00000\40152681.1
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.
Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall the sum exceed Fifty-One Thousand Dollars ($51,000.00). Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of the month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.”
3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement for Consultant Services on this ____ day of September, 2022.
SIGNATURES ON FOLLOWING PAGE
55414.00000\40152681.1
CITY OF STANTON QUALITY MANAGEMENT GROUP, INC.
By:
Hannah Shin-Heydorn
City Manager
By:
Tim Johnson
Chief Operating Officer
By:
Rebekah Smith
Assistant Secretary
ATTEST:
By:
Patricia Vazquez
City Clerk
APPROVED AS TO FORM:
By:
HongDao Nguyen
Best Best & Krieger LLP
City Attorney
CITY OF STANTON
FIRST AMENDMENT TO
AGREEMENT FOR PROPERTY MANAGEMENT CONSULTANT SERVICES
1. PARTIES AND DATE.
This First Amendment to the Agreement for Consultant Services ("First Amendmenf') is entered into on the �day of Oc.:/ob,..(' , 2020, by and between the City of Stanton (hereinafter referred to as the "City") and Quality Management Group, Inc. (hereinafter referred to as the "Consultant"). City and Consultant are sometimes collectively referred to herein as the "Parties."
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for property management consultant services dated June 9, 2020 ("Agreement").
2.2 First Amendment. The Parties now desire to amend the Agreement in order to supplement the scope of services to be provided by Consultant and to increase the total compensation under the Agreement.
3. TERMS.
3.1 Scope of Services. The Agreement is hereby amended to include the scope of services set forth in Exhibit "A," attached hereto and incorporated herein by reference.
3.2 Compensation. Section 5 of the Agreement is hereby amended in its entirety and restated to read as follows:
"5. PAYMENT
(a) Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this First Amendment at the rates set forth in Exhibit "B," attached hereto and incorporated herein by reference. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Hundred and Sixty Thousand Dollars ($260,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.
Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City1 s written
authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed Twenty Six Thousand Dollars 55414.00000\33401298. I 1
Attachment: B
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($26,000.00). Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days ofreceipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice."
3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
IN J):;ITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this .t2Z__ day of ()c--/obe,c ,��
CITY OF STANTON QUALITY MANAGEMENT GROUP, INC.
By: �A J arad.Hilllran<f
City Manager
B
ATTE �--
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By:---.JC_J;g_____L___=� - - HongDao Nguyen
City Attorney
Best Best & Krieger LLP
55414.00000\33401298. I 2
EXHIBIT "A"
TO FIRST AMENDMENT TO
AGREEMENT FOR PROPERTY MANAGEMENT CONSULTANT SERVICES
J;XHIBIT A
�cope of Work
Property management services shall Include, but are not limited to, the following:
1. Take in service calls from tenants and respond accordingly with the appropriate dispatcher such as a handy-man, plumber, public works1 etc.
2. Issue an lternized monthly invoice to the City for the prior month1 s
eervices i fees1 and charges.
3. Establish a cohesive plan 'for collecting rent from tenants pursuant to existing rent statements and lease agreements.
4. Respond to the needs oftenanto 2417, 7 days a week. Such needs include, but are not limited to1 landscaping, property maintenance, and parking control issues.
5. Maintain a log of any and all information received that a tenant will be vacating or has vacated a project unit and shall provide that information to the City on a regular basis.
6. Coordinate the transfer of utility services after properly purchases and coordinate the disconnection of utilities after properties have vacated and before demoUt.ion ooours.
7. Notify the City in writing, and the appropriate law enforcement authorities, in the event any injuries, damages, illegal entry, illegal occupancy, or disturbances occur at any time.
8. Act as the liaison between tenants and City Staff, including verbal communication and the ability to adapt to a language as requested, including Engllsh1 Spanish and Viotnamose.
9. Create and send correspondence letters to tenants regarding City operations.
1 o. Contact tenants regarding late rent payments, lncllJdlng late fees assessed, payment plan setup, and follow-ups. Initiate eviction proceedings should the need a1·lse.
554I4.00000\33401298. 1 3
Annual Management Fee
One-time Setup Fee
Exhibit B
Rates of Compensation
$77,520
$7,500
Lighting
Maximum budget amount for the following:
$10,800
Debris Cleanup
Health and Safety Repairs
Annual Salaries
Total
55414.00000\33401298. 1
$9,352
$45,000
$108,000
$258,172
4 CITY OF STANTON
AGREEMENT FOR CONSULTANT SERVICES
ORIGf NAL
THIS AGREEMENT, is made and effective as of June 9, 2020, between the City of Stanton, a California Municipal Corporation ("City11 ) and Quality Management Group, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
2. 3.
This Agreement shall commence on June 9, 2020 and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 1, 2021, unless sooner terminated pursuant to the provisions of this Agreement. The City Manager shall have the unilateral option, in his or her sole discretion, to renew this Agreement annually for no more than two additional one-year terms.
SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. When available, a more detailed work program shall be attached and incorporated into this agreement as a separate exhibit.
PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein.
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City's Administrative Services Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents that enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.
IRV /H1674 v2 -1-
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5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed seventy five thousand ($75,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. (c) Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten ( 10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3.
IRV #11674 v2 -2-
7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the prov1s1ons of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. However, use of data by City for other than the project that is the subject of this agreement shall be at City's sole risk without legal IRV !111674 v2 -3-
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liability or exposure to Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
9. INDEMNIFICATION
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees and agents (collectively "Indemnified Parties"), from and against any and all claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, to the extent same are caused or contributed to in whole or in part which relate to or arise out of any negligent, intentional or willful act, omission, occurrence, condition, event, transaction, or thing which was done, occurred, or omitted to be done (collectively "Claims"), by Consultant,· its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement without regard to whether such Claims arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant.
(b) Indemnification for Other Than Professional Liability. In addition to indemnification related to the performance of professional services and to the full extent permitted by law, Consultant shall further indemnify, protect, defend and hold harmless the City and Indemnified Parties from and against any liability (including Claims) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. City shall indemnify, protect, defend and hold harmless Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) from and against any claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands wholly and exclusively arising out of or related to real property conditions existing prior to this Agreement and unrelated to IRV #11674 v2 -4-
Consultant's performance of the duties set forth in Exhibit A of this Agreement.
(c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements which indemnify, protect, defend and hold harmless the City from liability, with provisions identical to those set forth here in this Section 9 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. In the event Consultant fails to obtain such indemnity obligations from others as required, this failure shall be a material breach of this Agreement, and Consultant agrees to be fully responsible according to the terms of this entire Section 9. City has no obligation to ensure compliance with this Section by Consultant and failure to do so will in no way act as a waiver. This obligation to indemnify and defend City is binding on the successors, assigns or heirs of Consultant, and shall survive the termination of this Agreement or this section. (d) Obligation to Defend. It shall be the sole responsibility and duty of Consultant to fully pay for and indemnify the City for the costs of defense, including but not limited to reasonable attorney's fees and costs, for all Claims against the City and the Indemnified Parties, whether covered or uncovered by Consultant's insurance, against the City and the Indemnified Parties which arise out of any type of omission or error, negligent or wrongful act, of Consultant, its officers, agents, employees, or subcontractors. City shall have the right to select defense counsel.
10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.
11. INDEPENDENT CONSUL TANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to IRV *11674 v2 -5-
12. 13.
14. 15.
Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations, which in any manner affect those employed by it or in any way, affect the performance of its service pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Stanton in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Stanton will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or sub consultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning IRV #11674 v2 -6-
16. the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered 11voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City:
To Consultant:
City of Stanton
7800 Katella Ave
Stanton, California 90680
Attention: City Clerk
Quality Management Group
3105 E. Guasti Road, Suite 100
Ontario, CA 91761
17. ASSIGNMENT
The Consultant shall assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered IRV #11674 v2 -7-
pursuant to this Agreement, only Quality Management Group shall perform the services described in this Agreement.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Stanton.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding that between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
21. CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit "A" hereto.
22. AUTHORITY TO EXECUTE THIS AGREEMENT.
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
Approved As To Form:
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E. Richardson, City Attorney
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(Typed Name)
Its: Fi2:bS-lbf;NT
EXHIBIT A
Scope of Work
Property management services shall include, but are not limited to, the following:
1. Take in service calls from tenants and respond accordingly with the appropriate dispatcher such as a handy-man, plumber, public works, etc.
2. Issue an itemized monthly invoice to the City for the prior month's services, fees, and charges.
3. Establish a cohesive plan for collecting rent from tenants pursuant to existing rent statements and lease agreements.
4. Respond to the needs of tenants 24/7, 7 days a week. Such needs include, but are not limited to, landscaping, property maintenance, and parking control issues.
5. Maintain a log of any and all information received that a tenant will be vacating or has vacated a project unit and shall provide that information to the City on a regular basis.
6. Coordinate the transfer of utility services after property purchases and coordinate the disconnection of utilities after properties have vacated and before demolition occurs.
7. Notify the City in writing, and the appropriate law enforcement authorities, in the event any injuries, damages, illegal entry, illegal occupancy, or disturbances occur at any time.
8. Act as the liaison between tenants and City Staff, including verbal communication and the ability to adapt to a language as requested, including English, Spanish and Vietnamese.
9. Create and send correspondence letters to tenants regarding City operations.
10. Contact tenants regarding late rent payments, including late fees assessed, payment plan setup, and follow-ups. Initiate eviction proceedings should the need arise.
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below.
Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so.
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
2. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident.
If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
3. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease.
4. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement.
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Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 201 O with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in IRV #11674 v2 -12-
the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
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13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all�inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
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21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
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