Cities Index.
Agenda

Stanton City Council
August 22, 2023

Document
Agenda
Meeting
August 22, 2023
Body
Stanton City Council
Pages
32
Original file
51.4 MB
Text extracted from the city's file for reading and search. Open the original on www.stantonca.gov. That file is the official record.

NOTICE AND CALL

CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

SPECIAL MEETING

TO THE MEMBERS OF THE CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY FOR THE CITY OF STANTON AND TO THE CITY CLERK / SECRETARY:

NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council / Successor Agency / Stanton Housing Authority for the City of Stanton is hereby called by the Mayor / Chairman, to be held on August 22, 2023, commencing at 5:00 p.m. at 7800 Katella Avenue, Stanton, CA 90680.

The Agenda for the Special Meeting is attached to this Notice and Call.

Dated: August 17, 2023
s/ Patricia A. Vazquez, City Clerk / Secretary

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 PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

PUBLIC ACCESS IN-PERSON AND VIA TELECONFERENCE
(Electronically / Telephonically)
Attendance by the members of the public may view the meeting live in one of the following ways:
• Attend in person - City Council Chambers: 7800 Katella Avenue, California 90680. • Via Teleconference (electronically / telephonically) - Zoom:

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (829 6145 3222) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/82961453222?pwd=dzFnbE90cjB6YlcvTitHR3J3WkJSdz09

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 or via e-mail at [email protected].

Stanton City Council Agenda Prepared by the Office of the City Clerk August 22, 2023

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AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA 90680 TUESDAY, AUGUST 22, 2023
SPECIAL CLOSED SESSION - 5:00 P.M.

JOINT REGULAR SESSION - 6:30 P.M.

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 or via e-mail at [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

PUBLIC ACCESS IN-PERSON AND VIA TELECONFERENCE
(Electronically / Telephonically)
Attendance by the members of the public may view the meeting live in one of the following ways:
• Attend in person - City Council Chambers: 7800 Katella Avenue, California 90680. • Via Teleconference (electronically / telephonically) - Zoom:

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (829 6145 3222) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/82961453222?pwd=dzFnbE90cjB6YlcvTitHR3J3WkJSdz09

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 or via e-mail at [email protected].

Stanton City Council Agenda Prepared by the Office of the City Clerk August 22, 2023

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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.StantonCA.gov.

1. CLOSED SESSION (5:00 PM)

2. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairperson Van
Mayor / Chairman Shawver

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Closed Session may convene to consider matters of purchase / sale of real property (G.C. §54956.8), pending litigation (G.C. §54956.9(a)), potential litigation (G.C. §54956.9(b)) or personnel items (G.C. §54957.6). Records not available for public inspection.

4. CLOSED SESSION
4A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1

Case Name: Tina Pacific Residents Association, et al. v. City of Stanton Case Number: OCSC 39-2023-01316300-CU-WM-CXC
4B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1

Case Name: Stanton Housing Authority v. Ramirez, et al.

Case Number: OCSC 30-2023-01313034-CL-UD-CJC
4C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957.6)
Title: City Attorney
Stanton City Council Agenda Prepared by the Office of the City Clerk August 22, 2023

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4D. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2)
Number of Potential Cases: 1

5. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)

6. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairperson Van
Mayor / Chairman Shawver

7. PLEDGE OF ALLEGIANCE

8. SPECIAL PRESENTATIONS AND AWARDS
A. Introduction of newly assigned Orange County Sheriff’s Department Stanton deputies.

B. Townsend Public Affairs State and Federal Legislative report and update.

9. 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
9A. 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 August 22, 2023

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9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated July 28, 2023 – August 10, 2023, in the amount of $1,478,438.88.
9C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Special and Regular Meeting – July 11, 2023.
9D. JUNE 2023 INVESTMENT REPORT
The Investment Report as of June 30, 2023, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

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. Receive and file the Investment Report for the month of June 2023. 9E. JUNE 2023 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of June 30, 2023, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTION:

1. Successor Agency 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. Receive and file the Investment Report for the month of June 2023.

Stanton City Council Agenda Prepared by the Office of the City Clerk August 22, 2023

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9F. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR BROCHURE

DESIGN AND PRINTING SERVICES
Staff recommends that City Council approve the contracts with DSYL and Southwest Offset Printing for the design and printing of the Stanton Express recreation brochure.

RECOMMENDED ACTION:

1. City Council declare that the project is not subject to CEQA in accordance with Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

2. Approve a Professional Services Agreement with DSYL for the design of the Stanton Express recreation brochure; and

3. Approve a Professional Services Agreement with Southwest Offset Printing for the printing of the Stanton Express recreation brochure; and

4. Authorize the City Manager to bind the City of Stanton and DSYL and Southwest Offset Printing in contracts to provide these services. 9G. APPROVE COOPERATIVE AGREEMENT BETWEEN THE CITY OF STANTON AND THE CITY OF GARDEN GROVE FOR THE FISCAL YEAR 2022/2023 CITYWIDE

RESURFACING PROJECT
A portion of the intersection of Katella Avenue and Dale Avenue is within the City of Garden Grove. In order to fully rehabilitate the intersection, the City Engineer recommends including the City of Garden Grove’s portion into the scope of work for the Fiscal Year 2022/2023 Citywide Street Resurfacing Project. As such, staff worked collaboratively with the City of Garden Grove to develop a cooperative agreement for the construction.

RECOMMENDED ACTION:

1. City Council finds that that the project is categorically exempt under the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(c) as repair, maintenance, and minor alteration of existing streets, sidewalks, gutters, and similar facilities; and

2. Approve the Cooperative Agreement between the City of Stanton and the City of Garden Grove for the Fiscal Year 2022/2023 Citywide Street Resurfacing Project; and

3. Authorize the City Manager to execute the Cooperative Agreement.

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9H. APPROVAL OF SECOND AMENDMENT TO AGREEMENT FOR TREE

MAINTENANCE, PLANTING, AND REMOVAL SERVICES
Great Scott Tree Service (GSTS) has been trimming and maintaining the City’s trees since 2011. The term of the current agreement is July 1, 2018 to June 30, 2024. The current not-to-exceed annual compensation is $90,000 and the total contract not-toexceed compensation is $480,000, as established in the First Amendment approved on June 28, 2022. Based on GSTS’s satisfactory service and competitive rates, staff is recommending a second amendment to extend the term of the Agreement to June 30, 2026, increase the annual not-to-exceed compensation to $100,000, and increase the total contract not-to-exceed compensation to $780,000.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping; and

2. Approve the Second Amendment to the existing agreement with Great Scott Tree Service and allow the City Attorney to make minor edits as necessary prior to the execution of the Second Amendment; and

3. Authorize the City Manager to execute the Second Amendment to the existing Agreement with Great Scott Tree Service.
9I. CITY OF STANTON QUALIFIED CONTRACTORS LIST FOR CALIFORNIA UNIFORM

PUBLIC CONSTRUCTION COST ACCOUNTING ACT
The City of Stanton’s Qualified Contractors List has been prepared in accordance with the California Uniform Public Construction Cost Accounting Act (CUPCCAA) guidelines and associated Public Contract Codes.

RECOMMENDED ACTION:

1. City Council declare this action to be categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Receive and file the Qualified Contractors List (Attachment A).

END OF CONSENT CALENDAR
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10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS
11A. APPROVAL OF ORDINANCE NO. 1132
This Ordinance was introduced at the regular City Council meeting of August 8, 2023.

RECOMMENDED ACTION:

1. City Clerk read the title of Ordinance No. 1132, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING SECTION 5.74.045 OF CHAPTER 5.74 OF TITLE 5 OF THE STANTON MUNICIPAL CODE REGARDING
REGULATIONS ON SIDEWALK VENDING”; and

2. City Council adopt Ordinance No. 1132.

12. NEW BUSINESS
12A. CITY SPONSORSHIP REQUEST – FRIENDS OF FAMILIES FUNDRAISER FOR

MAUI RELIEF
Per the City’s Sponsorship Program, Friends of Families is requesting co-sponsorship of a fundraiser to support relief efforts for Maui. The sponsorship request is for in-kind consideration of marketing and outreach. At its meeting on 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 the status of the Friends of Families sponsorship request for cosponsorship.

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12B. FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT,

APPROPRIATION OF FUNDS, AND RESOLUTION REGARDING AMENDMENT TO

EMPLOYEE BENEFITS AND SALARY RATES
For consideration is the First Amendment to Employment Agreement between the City and Hannah Shin-Heydorn regarding the position of City Manager. If the amendment is approved, then funds should be accordingly appropriated, and the City’s employee benefits and salary rates resolution should also be amended.

RECOMMENDED ACTION:

1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) - continuing administrative or maintenance activities, such as purchase of supplies, personnel-related actions, general policy, and procedures making; and

2. Authorize the Mayor to approve and execute the First Amendment to Employment Agreement with Hannah Shin-Heydorn; and

3. Appropriate $5,100 from the General Fund (#101) available fund balance and $900 from the Housing Authority Fund (#285) available fund balance for Fiscal Year 2023/24; and

4. Adopt Resolution No. 2023-24 amending the Employee Benefits and Salary Rates, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, REGARDING EMPLOYEE BENEFITS AND SALARY
RATES FOR ALL CLASSES OF EMPLOYMENT”.
12C. PARTICIPATION IN THE ORANGE COUNTY SHERIFF’S DEPARTMENT (OCSD)

FUSUS PILOT PROGRAM
The OCSD is partnering with Fusus, LLC (Fusus) to conduct a pilot program to enhance intelligence-led policing (ILP) efforts throughout Orange County. The OCSD has identified the City of Stanton as an ideal candidate for the pilot program. The City Council will consider approving participation in the pilot program.

RECOMMENDED ACTION:

1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 32, and Section 15332; and

2. Approve the City’s participation in the OCSD Fusus pilot program.

Stanton City Council Agenda Prepared by the Office of the City Clerk August 22, 2023

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12D. CONSIDERATION OF TERM LIMITS FOR THE OFFICE OF DIRECTLY ELECTED MAYOR
Term limits were established for members of the City Council following the adoption of Measure RR in 2016. With the establishment of district-based elections in 2017, the City Council created the office of directly-elected Mayor to serve at-large. As the office of directly-elected Mayor is separate from the office of Member of the City Council, the term limits enacted in 2016 do not apply to the Mayor. The City Council has directed staff to provide a report on the process to establish term limits for the office of directlyelected Mayor.

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. Discuss and exercise City Council discretion in directing staff to prepare an ordinance establishing term limits for the office of directly-elected Mayor to be placed on the November 2024 General Municipal Election.

13. 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.

14. WRITTEN COMMUNICATIONS None.

Stanton City Council Agenda Prepared by the Office of the City Clerk August 22, 2023

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15. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. 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.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 15C. 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.

Currently Scheduled: None.
15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING THE AREA NEAR THE CA-22 FREEWAY AND GARDEN GROVE BOULEVARD
At the August 8, 2023, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss what the City can do to assist the City’s neighboring partner agencies and neighboring cities in regards to the area near the CA-22 Freeway and Garden Grove Boulevard.

RECOMMENDED ACTION:

City Council provide direction to staff.
15E. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING HOMELESSNESS /

HABITUAL TRANSIENTS WITHIN THE CITY
At the August 8, 2023, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss homelessness, habitual transients, provided services, and service resistance within the City.

RECOMMENDED ACTION:

City Council provide direction to staff.

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15F. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING PROSTITUTION

ACTIVITY WITHIN THE CITY
At the August 8, 2023, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss prostitution activity (indecent exposure / impediment of traffic / traffic safety concerns) within the City.

RECOMMENDED ACTION:

City Council provide direction to staff.

16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
17A. 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.

18. 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 17th day of August, 2023. s/ Patricia A. Vazquez, City Clerk/Secretary

July 28, 2023 - August 10, 2023
Electronic Transaction Nos. $ 1,232,612.59
Check Nos. $ 245,826.29
TOTAL $ 1,478,438.88
Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Michelle Bannigan

CITY OF STANTON

ACCOUNTS PAYABLE REGISTER
2748-2769
conform to the City of Stanton Annual
Budget as approved by the City Council.
136873-136921
Demands listed on the attached registers
City Manager Finance Director
Item: 9B
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Special & Joint Regular Meeting – August 8, 2023 - Page 1 of 11

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY OF THE CITY OF STANTON AUGUST 8, 2023

SPECIAL CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (5:00 PM)

JOINT REGULAR CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (6:30 PM)

1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 5:00 p.m. by Mayor / Chairman Shawver.

2. ROLL CALL

Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Warren, Mayor Pro Tem/Vice Chairperson Van, and
Mayor/Chairman Shawver.

Absent: Council/Agency/Authority Member Torres.

Excused: None.

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS None.

4. CLOSED SESSION
The members of the City Council / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 5:01 p.m. for discussion regarding:

Council/Agency/Authority Member Torres arrived at 5:01 p.m. 4A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1
Case Name: Tina Pacific Residents Association, et al. v. City of Stanton Case Number: OCSC 39-2023-01316300-CU-WM-CXC
4B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 8830 Tina Way, Anaheim, CA (APN 126-481-01)
8840 Tina Way, Anaheim, CA (APN 126-481-02)
8850 Tina Way, Anaheim, CA (APN 126-481-03)
Item: 9C
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THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
8860 Tina Way, Anaheim, CA (APN 126-481-04)
8870 Tina Way, Anaheim, CA (APN 126-481-05)
8880 Tina Way, Anaheim, CA (APN 126-481-06)
8890 Tina Way, Anaheim, CA (APN 126-481-07)
8900 Tina Way, Anaheim, CA (APN 126-481-08)
8910 Tina Way, Anaheim, CA (APN 126-481-09)
8920 Tina Way, Anaheim, CA (APN 126-481-10)
8930 Tina Way, Anaheim, CA (APN 126-481-11)
8940 Tina Way, Anaheim, CA (APN 126-481-12)
8950 Tina Way, Anaheim, CA (APN 126-481-13)
8960 Tina Way, Anaheim, CA (APN 126-481-14)
8970 Tina Way, Anaheim, CA (APN 126-481-15)
8841 Pacific Avenue, Anaheim, CA (APN 126-481-29)
8851 Pacific Avenue, Anaheim, CA (APN 126-481-28)
8861 Pacific Avenue, Anaheim, CA (APN 126-481-27)
8870 Pacific Avenue, Anaheim, CA (APN 126-482-05)
8871 Pacific Avenue, Anaheim, CA (APN 126-481-26)
8880 Pacific Avenue, Anaheim, CA (APN 126-482-06)
8881 Pacific Avenue, Anaheim, CA (APN 126-481-25)
8890 Pacific Avenue, Anaheim, CA (APN 126-482-07)
8891 Pacific Avenue, Anaheim, CA (APN 126-481-24)
8900 Pacific Avenue, Anaheim, CA (APN 126-482-08)
8901 Pacific Avenue, Anaheim, CA (APN 126-481-23)
8910 Pacific Avenue, Anaheim, CA (APN 126-482-09)
8911 Pacific Avenue, Anaheim, CA (APN 126-481-22)
8920 Pacific Avenue, Anaheim, CA (APN 126-482-10)
8921 Pacific Avenue, Anaheim, CA (APN 126-481-21)
8930 Pacific Avenue, Anaheim, CA (APN 126-482-11)
8931 Pacific Avenue, Anaheim, CA (APN 126-481-20)
8940 Pacific Avenue, Anaheim, CA (APN 126-482-12)
8941 Pacific Avenue, Anaheim, CA (APN 126-481-19)
8950 Pacific Avenue, Anaheim, CA (APN 126-482-13)
8951 Pacific Avenue, Anaheim, CA (APN 126-481-18)
8960 Pacific Avenue, Anaheim, CA (APN 126-482-14)
8961 Pacific Avenue, Anaheim, CA (APN 126-481-17)
8970 Pacific Avenue, Anaheim, CA (APN 126-482-15)
8971 Pacific Avenue, Anaheim, CA (APN 126-481-16)
Negotiating Parties: Hannah Shin-Heydorn, City Manager, City of Stanton Hannah Shin-Heydorn, Executive Director, Housing
Authority
Hannah Shin-Heydorn, Executive Director, Successor
Agency
David M. Cook and Chaicran Daphnie, Owner
Jennie Trust, Owner
Nga Summer Thien Trang (Trang Trust), Owner
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THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
Ngoc Trieu and Andy Pham, Owner
Sky Nguyen / Nguyen Sky SN Living Trust, Owner
Steven W. Reiss Trust (Steven W. Reiss), Owner
Tammy T. Doan and H. Le Harvey, Owner
Trachy Family Trust (Phillip R. Trachy), Owner
Under Negotiation: Instruction to negotiator will concern price and terms of payment.
4C. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2)
Number of Potential Cases: 1
4D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957.6)
Title: City Manager

5. CALL TO ORDER / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 6:34 p.m.

The City Attorney / Agency Counsel reported that the Stanton City Council / Successor Agency / Housing Authority met in closed session from 5:01 to 6:30 p.m.

The City Attorney / Agency Counsel reported that there was no reportable action.

6. ROLL CALL

Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Warren, Mayor Pro Tem/Vice Chairperson Van, and Mayor/Chairman Shawver.

Absent: None.

Excused: None.

7. PLEDGE OF ALLEGIANCE
Led by Mayor David J. Shawver.

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8. SPECIAL PRESENTATIONS AND AWARDS
A. Introduction of newly assigned Orange County Sheriff’s Department Stanton deputies.

Item 8A has been tabled for presentation at the August 22, 2023, regularly scheduled City Council meeting.

B. Presentation by Planning Commission Chairperson Elizabeth Ash sharing the Planning Commission’s mission with the City Council and providing information on their current operations.

C. Presentation by Ms. Kris Murray, Executive Director, Association of California Cities Orange County (ACCOC) sharing their mission with the City Council and providing information on their current operations.

9. CONSENT CALENDAR
Mayor Shawver requested to pull item 9G from the consent calendar for separate discussion.

Council Member Taylor requested to pull item 9E from the consent calendar for separate discussion.

Motion/Second: Van/Torres
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres AYE
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairperson Van AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:

CONSENT CALENDAR
9A. 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.

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9B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated June 30, 2023 – July 27, 2023, in the amount of $5,283,243.82.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Special and Regular Meeting – July 11, 2023.
9D. CONSIDERATION OF EXTENSION OF THE EXCLUSIVE NEGOTIATION

AGREEMENT WITH BRANDYWINE ACQUISITIONS GROUP, C&C

DEVELOPMENT COMPANY, AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA REGARDING THE POTENTIAL REDEVELOPMENT OF THE TINAPACIFIC NEIGHBORHOOD The City Council and Housing Authority will consider extending the Exclusive Negotiation Agreement (ENA) with Brandywine Acquisitions Group, C&C Development Company, and National Community Renaissance of California for the potential redevelopment of the Tina Pacific neighborhood for an additional 12 months to allow for additional time to negotiate a disposition and development agreement and any other necessary agreements.

1. The City Council and Housing Authority 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. Approved extension of the ENA and authorized the City Manager/Executive Director to execute the Second Amendment to the ENA.
9F. AMENDMENT OF AGREEMENT FOR CONSULTING SERVICES WITH KTGY

FOR THE PREPARATION OF THE TOWN CENTER SPECIFIC PLAN
Due to significant staffing changes in the City’s Community Development Department, staff is requesting additional time to complete the Town Center Specific Plan and associated studies. A contract amendment was previously approved, to accommodate staffing changes in the consultant team, which extended the contract to June 30, 2023. Staff requests the Council authorize an extension to January 31, 2024 to allow for completion of the final phases of the project.

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
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2. Approved the Second Amendment to the Agreement for Consulting Services with KTGY to extend the term of the contract to January 31, 2024; and

3. Authorized the City Manager to execute the Second Amendment between the City of Stanton and KTGY.
9H. APPROVAL OF CONTRACT AMENDMENT #1 AMENDING CONTRACT WITH

MASTER JANITORIAL SERVICE, LLC TO INCREASE SCOPE OF WORK Master Janitorial Service, LLC has been providing professional janitorial services since July 2022, which includes routine maintenance and additional services (such as tile and carpet cleaning) for City facilities, not including the City Yard. With an increased number of City staff operating out of the City Yard, janitorial services are required for the City facility to maintain cleanliness. As such, City staff is requesting a contract amendment to increase the scope of work and total compensation to $265,000.

1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301 as operation and maintenance of existing public facilities; and

2. Approved the First Amendment to the existing agreement with Master Janitorial Service, LLC and allows 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 Master Janitorial Service, LLC.

END OF CONSENT CALENDAR
9E. RESPONSE TO THE 2022-2023 ORANGE COUNTY GRAND JURY REPORT DATED JUNE 12, 2023, ENTITLED, “WELCOME TO THE NEIGHBORHOOD –

ARE CITIES RESPONSIBLY MANAGING THE INTEGRATION OF GROUP HOMES?”
On June 12, 2023, the Orange County Grand Jury released a report entitled “Welcome to the Neighborhood – Are cities responsibly managing the integration of group homes?” (Attachment A). The purpose of the report was to review the challenges of successfully integrating group homes into neighborhoods, including pressures exerted on Orange County cities by residents, group home operators, and the State of California. 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).

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Staff report by Ms. Hannah Shin-Heydorn, City Manager.

Motion/Second: Taylor/Warren
Motion carried by the following vote:

AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:

1. The City Council declared this project categorically exempt under the California Environmental Quality Act, Class 32, and Section 15332; and

2. Authorized the Mayor to sign the response letter to the Orange County Grand Jury related to the findings and recommendations contained in the June 12, 2023, report entitled “Welcome to the Neighborhood – Are cities responsibly managing the integration of group homes?”.
9G. AWARD OF CONTRACT TO G2 CONSTRUCTION TO INSTALL CATCH BASIN

AUTOMATED RETRACTABLE SCREENS AND CONNECTOR PIPE SCREENS

AND APPROPRIATION OF FUNDS
In 2022, City staff applied for competitive grant funding from the Measure M2 Environmental Cleanup Program administered by the Orange County Transportation Authority (OCTA) for the installation of proprietary G2 Construction, Inc. automated retractable screens and connector pipe screens in 31 catch basins to prevent trash from entering local waterways. The OCTA Environmental Cleanup Program Allocation Committee awarded the requested grant funding to the City for these screens, and as such, the City must now proceed with installations.

Staff report by Mr. Cesar Rangel, Public Works Director/City Engineer.

Motion/Second: Shawver/Taylor
Motion carried by the following vote:

AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:

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1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(b) as minor alteration of existing public utility; and

2. Accepted the Measure M2 Environmental Cleanup Program grant funding in the maximum amount of $61,890; and

3. Waived the competitive bidding requirement in the City’s purchasing policy by using the County of Orange Master Agreement with G2 Construction, Inc. to purchase and install the devices; and

4. Awarded a construction contract to G2 Construction in the amount of $69,626; and

5. Approved an appropriation of $7,000 from the City’s Gas Tax Fund (#211) to fund any contingencies; and

6. Authorized the City Manager to make minor changes, if needed, to the City’s construction contract documents with approval of the City Attorney; and

7. Authorized the City Manager to bind the City of Stanton and G2 Construction, Inc. in a contract; and

8. Authorized the City Manager to approve contract change orders with G2 Construction, Inc., as needed and determined by City staff, up to $7,000.

10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS None.

12. NEW BUSINESS
12A. AMENDMENT TO STANTON’S SIDEWALK VENDING ORDINANCE
At its meeting on June 27, 2023, the City Council considered the City’s sidewalk vending ordinance and directed the City Attorney’s office to return with revisions that strengthen the regulations. The proposed ordinance (Attachment A) updates the ordinance by addressing objective health, safety, and welfare concerns associated with vending near youth centers, childcare centers, and residential care facilities for the elderly. By establishing reasonable restrictions in these designated areas, the City seeks to enhance pedestrian safety and minimize unique risks to children and the elderly.

Staff report by Ms. HongDao Nguyen, City Attorney.

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Motion/Second: Taylor/Van
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres ABSTAIN
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairperson Van AYE
Mayor/Chairman Shawver AYE
Motion carried:

1. The City Council finds the proposed ordinance not subject to the California Environmental Quality Act (“CEQA”), pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Title 14 of the California Code of Regulations); and

2. Considered Ordinance No. 1132 and conducted the first reading of Ordinance No. 1132 entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA, AMENDING SECTION 5.74.045 OF
CHAPTER 5.74 OF TITLE 5 OF THE STANTON MUNICIPAL CODE
REGARDING REGULATIONS ON SIDEWALK VENDING”; and

3. Set August 22, 2023 as the date for second reading of Ordinance No. 1132. 12B. PROFESSIONAL SERVICES AGREEMENT WITH INFINITY TECHNOLOGIES

FOR MANAGED INFORMATION TECHNOLOGY AND HELP DESK SUPPORT

SERVICES
The City Council will consider entering into a Professional Services Agreement with Infinity Technologies (Infinity) for Managed Information Technology (IT) and Help Desk Services. Infinity will work with the City’s IT Specialist to support all City facilities under the direction of the City Manager or her delegate.

Staff report by Ms. Hannah Shin-Heydorn, City Manager.

Motion/Second: Shawver/Torres
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres AYE
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairperson Van AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:

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1. The City Council declared that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

2. Authorized the City Manager to enter into a Professional Services Agreement between the City and Infinity for an initial term of five years with an option for two two-year extensions, in a total not-to-exceed amount of $163,150 annually, in a form approved by the City Attorney for Managed IT and Help Desk Services.

13. ORAL COMMUNICATIONS – PUBLIC
• Mr. Dirk Clinton, property owner, expressed his desire to make the city better and reported his concerns on a Stanton business within his neighborhood stating that their current operations of facilities are non-compliant with their City approved Conditions of Approval (CUP) and that the unprofessional manner in which they are operating has negatively affected the neighborhood.

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Mayor Pro Tem Van reported on her attendance at the City’s Annual National Night Out event, which was held on August 4, 2023, at Stanton Central Park. • Mayor Shawver reported on his attendance at the City’s Movies Under the Stars event, which was held on August 4, 2023, at Stanton Central Park. 15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
• Mayor Shawver requested to agendize discussion regarding what the City can do to assist the City’s neighboring partner agencies and neighboring cities in regards to the area near the CA-22 Freeway and Garden Grove Boulevard. • Mayor Shawver requested to agendize discussion regarding homelessness, habitual transients, provided services, and service resistance within the City. • Mayor Shawver requested to agendize discussion regarding prostitution (indecent exposure / impediment of traffic / traffic safety concerns).

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15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
None.
15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING MITIGATION

EFFORTS OF THE THEFT OF CATALYTIC CONVERTERS WITHIN THE CITY At the July 11, 2023, City Council meeting, Mayor Pro Tem Van requested that this item be agendized for discussion. Mayor Pro Tem Van is requesting to discuss mitigation efforts of the theft of catalytic converters within the City.

Presentation by Mayor Pro Tem Van.

The City Council received consensus and directed staff to proceed with research and to bring this item back for City Council review at a future City Council meeting.

16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
Ms. Hannah Shin-Heydorn, City Manager addressed Mayor Shawver’s requests for initiated items for a future City Council meeting under agenda item 15B, reporting on staff’s ongoing and continuous efforts in working to address the reported concerns. 17A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Chief Steve Dohman provided the City Council with an update on their current operations.

18. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 7:56 p.m.
_______________________________________
DAVID J. SHAWVER, MAYOR
ATTEST:
_______________________________________

CITY CLERK/SECRETARY
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 22, 2023
SUBJECT: JUNE 2023 INVESTMENT REPORT
REPORT IN BRIEF:

The Investment Report as of June 30, 2023, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTIONS:

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. Receive and file the Investment Report for the month of June 2023.

BACKGROUND:

Changes in the City’s cash and investment balances during the month of June are summarized below:

Between May 31, 2023, and June 30, 2023, the City’s total cash and investments decreased by $2.0 million, primarily due to the payments made to the County of Orange for law enforcement contract costs and the Orange County Fire Authority for fire protection services.

The City’s cash and investment balances by fund type are presented in Attachment A. A summary of the City’s investment portfolio is included as Attachment B. The detail of the City’s investments by type that are managed by City staff are shown in Attachment C.

The detail of investments by type that are managed by Chandler Asset Management, LLC Beginning Balance Net Change Ending Balance
Cash and Investment Accounts (Pooled-All Funds) $ 66,267,488.05 $ (2,124,654.87) $ 64,142,833.18 Cash (Non-Pooled) 4,194,409.31 114,287.14 4,308,696.45
Total Cash and Investments $ 70,461,897.36 $ (2,010,367.73) $ 68,451,529.63 Item: 9D
Click here to return to the agenda.
2 (“Chandler”), of which we determined provide a net advantage to the City, are shown in Attachment D.

ANALYSIS:

The monthly cash and investment report provides a summary of the cash and investment accounts held by the City as of the end of that month. In order to manage its cash and investments, the City combines cash resources from all funds into a single pool consisting of a variety of accounts and securities. The balance in the pooled cash account includes cash and certain liquid investments that are available to meet the City’s current cash needs. Cash in excess of the City’s current cash needs is invested in interest-bearing investments with various maturities.

As of June 30, 2023, the market value of the City’s total investment portfolio was $64.4 million, of which $39.2 million (61%) was managed by City staff and $25.2 million (39%) was managed by Chandler (Attachment B). Detailed information regarding the securities contained in the City’s investment portfolio is provided in Attachments C and D. As of June 30, 2023, City investments consisted of the following:

The City’s investment portfolio is well-diversified with investments spread across nine different security types. Likewise, the average maturity of the City’s portfolio (except for LAIF) is approximately 2 years, which is within the 3.5 years target in the City’s investment policy.

Market Value as of
June 30, 2023
Percentage of
Portfolio
Invested by
Type
Maximum
Percentage of
Portfolio
Permitted by
Investment
Policy In Compliance?
Local Agency Investment Fund (LAIF) $ 34,920,488.17 54.21% 100.00% Yes U.S. Treasury Notes 9,630,393.00 14.95% 100.00% Yes
Corporate Notes 6,420,579.04 9.97% 30.00% Yes
Commercial Paper 246,530.83 0.38% 25.00% Yes
Federal Agency Securities 3,906,500.15 6.06% 100.00% Yes Negotiable Certificates of Deposit 3,634,436.20 5.64% 30.00% Yes Asset Backed Securities 2,241,262.90 3.48% 20.00% Yes
Collateralized Mortgage Obligations 2,588,652.95 4.02% 20.00% Yes Municipal Bonds 689,443.65 1.07% 100.00% Yes
Money Market Funds 137,033.31 0.21% 20.00% Yes
Total Investments $ 64,415,320.20 100.00%
3 FISCAL IMPACT:

All deposits and investments have been made in accordance with the City's Fiscal Year 2022-23 Investment Policy. The portfolio will allow the City to meet its expenditure requirements for the next six months. Staff remains confident that the investment portfolio is currently positioned to remain secure and sufficiently liquid.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the normal agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 4: Ensure fiscal stability and efficiency in governance.

Prepared by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Cash and Investment Balances by Fund
B. Investments Portfolio Summary
C. Investment Portfolio Detail (Managed by City Staff)
D. Investment Portfolio Detail (Managed by Chandler)
Fund/ Account
No. Fund/Account Name Beginning Balance Increases Decreases Ending Balance 101-various General Fund $ 29,373,061.58 $ 11,819,874.89 $ (5,967,838.51) $ 35,225,097.96 102-111101 General Fund (Transactions & Use Tax) (381,917.88) 2,019,490.21 (2,345,529.43) (707,957.10)210-111101 Certified Access Specialists (CASP) Program Fund 60,328.23 801.73 - 61,129.96 211-111101 Gas Tax Fund 1,688,506.61 183,991.61 (183,368.76) 1,689,129.46215-111101 Road Maintenance and Rehabilitation act (RMRA) Fund 778,435.80 161,889.42 (84,952.38) 855,372.84 220-111101 Measure M Fund 925,777.22 119,015.66 (122,669.57) 922,123.31 221-111101 Community Development Block Grant-CV (CDBG-CV) Fund (130,387.74) 130,387.74 - - 222-111101 Community Development Block Grant Fund 100,215.30 321.88 (236,054.72) (135,517.54) 223-111101 Protective Services Fund - 8,843.54 (11,628.54) (2,785.00)224-111101 Lighting Maintenance 1919 Act Fund 1,400,504.81 23,662.84 (143,006.15) 1,281,161.50 225-111101 Lighting/Median Maintenance 1972 Act Fund 973,982.69 15,286.75 (65,729.30) 923,540.14 226-111101 Air Quality Improvement Fund 214,807.58 14,354.63 (1,702.83) 227,459.38227-111101 Other Grants Fund 325,724.23 1,534.95 (179,385.91) 147,873.27242-111101 Supplemental Law Enforcement Grant Fund 303,794.25 1,359.94 (14,859.29) 290,294.90 245-111101 Justice Assistance Grant (JAG) Grant Fund - 135,968.44 (135,968.44) - 250-111101 Families and Communities Together (FaCT) Grant Fund (38,989.45) 103,406.56 (78,856.27) (14,439.16) 251-111101 Senior Transportation Fund 73,030.08 8,863.22 (13,131.82) 68,761.48 257-111101 America Rescue Act Plan (ARPA) Fund 6,481,116.51 34,369.10 (6,515,485.61) - 261-111101 Street Impact Fees Fund 108,915.58 749.30 (846.66) 108,818.22 262-111101 Traffic Signal Impact Fee 1,220.55 76.02 (9.69) 1,286.88 263-111101 Community Center Impact Fees Fund 176,067.19 936.27 (1,367.23) 175,636.23 264-111101 Police Services Impact Fees Fund 159,087.30 846.61 (1,235.92) 158,697.99 271-111101 Public Safety Task Force Fund (City Funds) 83,000.27 - - 83,000.27280-111101 Stanton Central Park Maintenance Fund 8,125.62 5,866.34 (5,525.01) 8,466.95 285-various Stanton Housing Authority Fund 9,904,995.09 566,391.51 (668,205.99) 9,803,180.61 305-111101 Capital Projects Fund 467,934.34 334,442.64 (675,985.59) 126,391.39 310-111101 Park and Recreation Facilities Fund 3,959,390.86 24,619.11 (40,788.61) 3,943,221.36 501-111101 Sewer Maintenance Fund 6,794,956.53 47,946.22 (188,777.61) 6,654,125.14502-111101 Sewer Capital Improvement Fund 2,995.03 11.920 (23.26) 2,983.69 602-111101 Workers' Compensation Fund 816,680.37 15,788.52 (9,481.34) 822,987.55 603-111101 Liability Risk Management Fund 64,706.20 4,876.190 (36,871.55) 32,710.84604-111101 Employee Benefits Fund 149,680.15 238,267.29 (57,616.90) 330,330.54 605-111101 Fleet Maintenance Fund 500,151.45 19,143.36 (9,747.07) 509,547.74801-111101 Expendable Deposits Fund (23,320.42) 464.20 (11,866.20) (34,722.42) 901-111101 North Orange County Public Safety Collaborative (NOC) Fund 174,980.10 944,912.12 (534,967.42) 584,924.80 Total Pooled Cash and Investments(1) $ 66,267,488.05 $ 16,218,828.71 $ (18,343,483.58) $ 64,142,833.18 Less: Investments(1) $ (62,730,049.73) $ (2,075,015.97) $ 389,745.50 $ (64,415,320.20) Cash - Bank of the West General Checking Account $ 3,537,438.32 $ 14,143,812.74 $ (17,953,738.08) $ (272,487.02)

CITY OF STANTON

CASH AND INVESTMENTS REPORT
MONTH ENDED JUNE 30, 2023

ATTACHMENT A

Page 1 of 2 ends

Fund/ Account
No. Fund/Account Name Beginning Balance Increases Decreases Ending Balance

CITY OF STANTON

CASH AND INVESTMENTS REPORT
MONTH ENDED JUNE 30, 2023

CASH-NON-POOLED
xxx-111103 Payroll Account $ - $ 465,252.09 $ (465,252.09) $ - 101-111109 Flexible Spending/AFLAC 12,149.67 - (5,495.40) 6,654.27 101-111505 Petty Cash 600.00 - - 600.00
285-111403 Cash with Property Management Company (QMG) 53,841.89 31,909.30 (38,841.89) 46,909.30 604-111404 Cash with Fiscal Agent (PARS) (2) 128,740.360 4,127,817.75 (2,025.23) 4,254,532.88 Total Cash-Non-Pooled $ 625,901.75 4,194,409.31 $ (511,614.61) $ 4,308,696.45 $

INVESTMENTS
POOLED ALL FUNDS $ 62,730,049.73 $ 2,075,015.97 $ (389,745.50) $ 64,415,320.20 Total Investments (3) $ 62,730,049.73 $ 2,075,015.97 $ (389,745.50) $ 64,415,320.20 TOTAL CASH AND INVESTMENTS $ 70,461,897.36 $ 16,844,730.46 $ (18,855,098.19) $ 68,451,529.63 Notes:
(3) - The Portfolio Summary Report and Holdings by Security Type are included in Attachments B and C, respectively.(1) - Pooled cash includes: City's Bank of the West general checking, investment sweep, and safekeeping accounts, the City's Local Agency Investment Fund (LAIF) account, the Housing Authority's LAIF account, and the Public Agency Retirement Services (PARS) account. (2) - The Public Agency Retirement Services (PARS) account is an irrevocable trust that can be used for pension and other post employment benefits only. This fund is excluded from the compliance requirements set forth in the City's investment policy.

ATTACHMENT A

Page 2 ends

2 Invested by City
Staff
$39.2M
61%
Invested by
Chandler
$25.2M
39%
Portfolio Summary
as of June 30, 2023
TOTAL = $62.7M

ATTACHMENT C ATTACHMENT D
ATTACHMENT B Click here to return to the agenda.

City of Stanton
Portfolio Holdings
Investment Portfolio | by Security Sector
Report Format: By Transaction
Group By: Security Sector
Average By: Face Amount / Shares
Portfolio / Report Group: All Portfolios
As of 6/30/2023
Description CUSIP/Ticker
Settlement
Date
YTM @
Cost
Face
Amount/Shares Cost Value Book Value Market Value
Maturity
Date
Days To
Maturity
Accrued
Interest
% of
Portfolio
Certificate Of Deposit
Bank Hapoalim NY 2.9 3/25/2024 06251AW48 4/24/2019 2.900 250,000.00 250,000.00 250,000.00 245,592.50 3/25/2024 269 1,926.71 0.63 Bank of New England NH 2.65
5/23/2024 06426KBE7 5/23/2019 2.650 249,000.00 249,000.00 249,000.00 242,951.79 5/23/2024 328 126.55 0.62 Cornerstone Community Bank CA

2.6 5/17/2024 219240BY3 5/17/2019 2.600 249,000.00 249,000.00 249,000.00 242,971.71 5/17/2024 322 230.58 0.62 Evansville Teachers FCU IN 2.25
7/22/2024 299547AV1 7/22/2019 2.250 249,000.00 249,000.00 249,000.00 240,730.71 7/22/2024 388 122.79 0.62 First Technology FCU CA 3.35
9/27/2023 33715LCJ7 9/27/2018 3.350 240,000.00 240,000.00 240,000.00 238,879.20 9/27/2023 89 66.08 0.60 First Tier Bank NE 1.95 8/23/2024 33766LAJ7 8/23/2019 1.950 249,000.00 249,000.00 249,000.00 239,264.10 8/23/2024 420 93.12 0.62 Healthcare Systems FCU VA 2.65
4/25/2024 42228LAD3 4/25/2019 2.650 246,000.00 246,000.00 246,000.00 240,619.98 4/25/2024 300 1,178.78 0.62 Horizon Bank NE 1.7 8/29/2023 44042TBQ6 7/29/2019 2.101 249,000.00 245,090.70 248,842.79 247,747.53 8/29/2023 60 11.60 0.62 Main Street Bank VA 2.6 4/26/2024 56065GAG3 4/26/2019 2.600 249,000.00 249,000.00 249,000.00 243,419.91 4/26/2024 301 70.95 0.62 McGregor TX 2.3 6/28/2024 32112UDA6 7/12/2019 2.200 249,000.00 250,170.30 249,234.96 241,968.24 6/28/2024 364 31.38 0.62 Merrick Bank UT 2.6 8/23/2023 59013J7P8 4/23/2019 2.600 249,000.00 249,000.00 249,000.00 248,031.39 8/23/2023 54 124.16 0.62 Morgan Stanley NY 3.1 2/7/2024 61760AVJ5 2/7/2019 3.100 246,000.00 246,000.00 246,000.00 242,774.94 2/7/2024 222 2,987.72 0.62 Morgan Stanley UT 3.1 2/7/2024 61690UDW7 2/7/2019 3.100 246,000.00 246,000.00 246,000.00 242,774.94 2/7/2024 222 2,987.72 0.62 Raymond James Bank FL 2
8/23/2024 75472RAE1 8/23/2019 2.000 247,000.00 247,000.00 247,000.00 237,554.72 8/23/2024 420 1,718.85 0.62 Washington Federal Bank WA 1.95
8/28/2024 938828BN9 8/28/2019 1.950 249,000.00 249,000.00 249,000.00 239,154.54 8/28/2024 425 26.61 0.62 Sub Total / Average Certificate
Of Deposit 2.531 3,716,000.00 3,713,261.00 3,716,077.75 3,634,436.20 279 11,703.60 9.32 Local Government Investment Pool
LAIF | City LGIP LAIFCITY0895 2/29/2020 3.167 26,098,400.39 26,098,400.39 26,098,400.39 25,702,448.49 N/A 1 65.44 LAIF | Housing Authority LGIP LAIFHA0004 2/29/2020 3.167 9,360,045.61 9,360,045.61 9,360,045.61 9,218,039.67 N/A 1 23.47 Sub Total / Average Local
Government Investment Pool 3.167 35,458,446.00 35,458,446.00 35,458,446.00 34,920,488.16 1 0.00 88.91 Municipal
Fort Bragg CA 1.871 8/1/2024 347028JZ6 9/18/2019 1.750 205,000.00 206,150.05 205,257.29 197,318.65 8/1/2024 398 1,587.49 0.51

ATTACHMENT C

Page 1 of 2 ends

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Description CUSIP/Ticker
Settlement
Date
YTM @
Cost
Face
Amount/Shares Cost Value Book Value Market Value
Maturity
Date
Days To
Maturity
Accrued
Interest
% of
Portfolio
Riverside Pension CA 2.75
6/1/2024 769036BD5 8/28/2019 2.030 250,000.00 258,120.00 251,573.57 243,407.50 6/1/2024 337 553.82 0.63 Stockton CA 2.5 9/1/2023 861403AU7 5/1/2019 2.600 250,000.00 248,975.00 249,959.23 248,717.50 9/1/2023 63 2,065.97 0.63 Sub Total / Average Municipal 2.151 705,000.00 713,245.05 706,790.09 689,443.65 258 4,207.28 1.77 Total / Average 3.090 39,879,446.00 39,884,952.05 39,881,313.84 39,244,368.01 31 15,910.88 100

ATTACHMENT C

Page 2 of 2 ends

MONTHLY ACCOUNT STATEMENT
City of Stanton - Account #10991
JUNE 1, 2023 THROUGH JUNE 30, 2023
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.

CHANDLER ASSET MANAGEMENT
chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian
US Bank
Alexander Bazan
(503) 402-5305
ATTACHMENT D - Page 1 of 8
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ACCOUNT SUMMARY
Beg. Values
as of 5/31/23
End Values
as of 6/30/23
Market Value 25,295,507 25,170,952
Accrued Interest 181,236 168,708
Total Market Value 25,476,743 25,339,660
Income Earned 66,408 67,740
Cont/WD -1,553
Par 26,078,640 26,144,431
Book Value 25,360,382 25,438,870
Cost Value 25,360,382 25,438,870

TOP ISSUERS
Government of United States 38.2%
Federal Home Loan Mortgage Corp 10.2%
Federal Farm Credit Bank 8.6%
Federal Home Loan Bank 4.5%
Federal National Mortgage Assoc 2.4%
Bank of America Corp 1.7%
Morgan Stanley 1.7%
JP Morgan Chase & Co 1.7%
Total 69.1%

PORTFOLIO CHARACTERISTICS
Average Modified Duration 2.40
Average Coupon 3.16%
Average Purchase YTM 4.16%
Average Market YTM 4.95%
Average S&P/Moody Rating AA/Aa2
Average Final Maturity 2.85 yrs
Average Life 2.59 yrs

SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (S&P) Portfolio Summary
As of June 30, 2023
City of Stanton
Account #10991

PERFORMANCE REVIEW
Annualized
TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 11/30/2022 City of Stanton -0.53% -0.42% 1.22% N/A N/A N/A N/A N/A N/A ICE BofA 1-5 Yr US Treasury & Agency Index -0.73% -0.85% 0.95% N/A N/A N/A N/A N/A N/A Chandler Asset Management - CONFIDENTIAL Page 1 Execution Time: 7/4/2023 2:05:09 PM ATTACHMENT D - Page 2 of 8
Holdings Report
As of June 30, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
ABS
58769KAD6 Mercedes-Benz Auto Lease Trust 2021-
B A3

0.4% Due 11/15/2024
245,300.47 Various

4.62%
237,029.20
237,029.20

98.41 6.13%
241,409.02

43.61 0.95%
4,379.82

NR / AAA
AAA

1.38 0.27
09690AAC7 BMW Vehicle Lease Trust 2021-2 A3

0.33% Due 12/26/2024
157,097.67 09/14/2022

4.00%
152,525.88
152,525.88

98.70 6.39%
155,062.94

8.64 0.61%
2,537.06
Aaa / NR
AAA

1.49 0.21
43815PAC3 Honda Auto Receivables 2022-2 A3

3.73% Due 7/20/2026
350,000.00 09/21/2022

4.36%
345,625.00
345,625.00

97.37 5.56%
340,800.98
471.43

1.35%
(4,824.02)

NR / AAA
AAA

3.06 1.47
89238FAD5 Toyota Auto Receivables OT 2022-B A3

2.93% Due 9/15/2026
350,000.00 09/13/2022

4.13%
342,207.03
342,207.03

96.74 5.69%
338,589.30
455.78

1.34%
(3,617.73)
Aaa / AAA
NR

3.21 1.20
05522RDD7 Bank of America Credit Card Tr 2021-A1
A1

0.44% Due 9/15/2026
400,000.00 09/22/2022

4.45%
376,187.50
376,187.50

96.05 5.72%
384,182.40

78.22 1.52%
7,994.90

NR / AAA
AAA

3.21 0.75
92348KAL7 Verizon Master Trust 2022-1 A

1.04% Due 1/20/2027
350,000.00 09/14/2022

3.03%
340,607.42
340,607.42

99.77 1.39%
349,200.96
111.22

1.38%
8,593.54
Aaa / AAA
NR

3.56 0.65
02582JJT8 American Express Credit Trust 2022-2 A

3.39% Due 5/17/2027
350,000.00 09/13/2022

4.18%
343,382.81
343,382.81

96.51 5.43%
337,770.65
527.33

1.34%
(5,612.16)

NR / AAA
AAA

3.88 1.75
47800BAC2 John Deere Owner Trust 2022-C A3

5.09% Due 6/15/2027
95,000.00 10/12/2022

5.15%
94,992.63
94,992.63

99.21 5.61%
94,246.65
214.91

0.37%
(745.98)
Aaa / NR
AAA

3.96 1.69
Total ABS 2,297,398.14 4.15%
2,232,557.47
2,232,557.47 5.06%
2,241,262.90
1,911.14

8.85%
8,705.43
Aaa / AAA
AAA

3.06 1.02
AGENCY
3130ASHK8 FHLB Note

3.125% Due 6/14/2024
650,000.00 09/13/2022

3.85%
642,128.50
642,128.50

97.82 5.50%
635,819.60
959.20

2.51%
(6,308.90)
Aaa / AA+
NR

0.96 0.92
3133ENJ84 FFCB Note

3.375% Due 8/26/2024
650,000.00 09/13/2022

3.83%
644,540.00
644,540.00

97.75 5.41%
635,354.20
7,617.19

2.54%
(9,185.80)
Aaa / AA+
AAA

1.16 1.10
3133ENP79 FFCB Note

4.25% Due 9/26/2024
650,000.00 09/22/2022

4.25%
649,948.00
649,948.00

98.68 5.36%
641,451.85
7,289.93

2.56%
(8,496.15)
Aaa / AA+
AAA

1.24 1.18
3133ENP95 FFCB Note

4.25% Due 9/30/2025
650,000.00 09/23/2022

4.31%
648,875.50
648,875.50

98.77 4.83%
642,023.20
6,982.99

2.56%
(6,852.30)
Aaa / AA+
AAA

2.25 2.10
3135G0Q22 FNMA Note

1.875% Due 9/24/2026
650,000.00 09/14/2022

3.73%
605,208.50
605,208.50

92.30 4.46%
599,948.05
3,283.85

2.38%
(5,260.45)
Aaa / AA+
AAA

3.24 3.06
Chandler Asset Management - CONFIDENTIAL Page 2 Execution Time: 7/4/2023 2:05:09 PM ATTACHMENT D - Page 3 of 8
Holdings Report
As of June 30, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
AGENCY
3130ATS57 FHLB Note

4.5% Due 3/10/2028
500,000.00 03/22/2023

4.04%
510,315.00
510,315.00
100.96

4.27%
504,817.50
6,937.50

2.02%
(5,497.50)
Aaa / AA+
AAA

4.70 4.14
3133EPGW9 FFCB Note

3.875% Due 4/25/2028
250,000.00 04/24/2023

3.76%
251,255.00
251,255.00

98.83 4.14%
247,085.75
1,776.04

0.98%
(4,169.25)
Aaa / AA+
AAA

4.82 4.32
Total Agency 4,000,000.00 3.99%
3,952,270.50
3,952,270.50 4.95%
3,906,500.15
34,846.70

15.55%
(45,770.35)
Aaa / AA+
AAA

2.33 2.15
CMO
3137BN6G4 FHLMC KO53

2.995% Due 12/25/2025
350,000.00 09/16/2022

4.23%
338,064.45
338,064.45

95.27 5.13%
333,447.10
873.54

1.32%
(4,617.35)

NR / NR
AAA

2.49 2.18
3137BTUM1 FHLMC K061 A2

3.347% Due 11/25/2026
350,000.00 09/22/2022

4.37%
337,435.55
337,435.55

95.07 4.99%
332,749.55
976.21

1.32%
(4,686.00)

NR / NR
AAA

3.41 2.97
3137BVZ82 FHLMC K063

3.43% Due 1/25/2027
350,000.00 09/13/2022

3.97%
342,412.11
342,412.11

95.56 4.82%
334,445.65
1,000.42

1.32%
(7,966.46)

NR / NR
AAA

3.58 3.14
3137F2LJ3 FHLMC K066 A2

3.117% Due 6/25/2027
350,000.00 09/13/2022

3.97%
337,640.63
337,640.63

94.27 4.74%
329,936.95
909.13

1.31%
(7,703.68)

NR / NR
AAA

3.99 3.53
3137FAWS3 FHLMC K067 A2

3.194% Due 7/25/2027
310,000.00 09/22/2022

4.28%
295,856.25
295,856.25

94.40 4.72%
292,631.94
825.12

1.16%
(3,224.31)
Aaa / NR
NR

4.07 3.67
3137FBU79 FHLMC K069 A2

3.187% Due 9/25/2027
500,000.00 05/18/2023

4.65%
480,292.97
480,292.97

94.32 4.70%
471,595.50
1,327.92

1.87%
(8,697.47)

NR / AAA
NR

4.24 3.75
3137FG6X8 FHLMC K077 A2

3.85% Due 5/25/2028
510,000.00 05/24/2023

4.65%
500,636.72
500,636.72

96.83 4.57%
493,846.26
327.25

1.95%
(6,790.46)

NR / NR
AAA

4.91 4.29
Total CMO 2,720,000.00 4.34%
2,632,338.68
2,632,338.68 4.79%
2,588,652.95
6,239.59

10.24%
(43,685.73)
Aaa / AAA
AAA

3.90 3.43

COMMERCIAL PAPER
62479MWN9 MUFG Bank Ltd/NY Discount CP

5.43% Due 9/22/2023
250,000.00 06/22/2023

5.58%
246,530.83
246,530.83

98.61 5.58%
246,530.83
339.38

0.97%

0.00 P-1 / A-1
NR

0.23 0.22
Total Commercial Paper 250,000.00 5.58%
246,530.83
246,530.83 5.58%
246,530.83
339.38

0.97%

0.00 P-1 / A-1
NR

0.23 0.22
Chandler Asset Management - CONFIDENTIAL Page 3 Execution Time: 7/4/2023 2:05:09 PM ATTACHMENT D - Page 4 of 8
Holdings Report
As of June 30, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
89115A2J0 Toronto-Dominion Bank Note

4.285% Due 9/13/2024
200,000.00 09/15/2022

4.57%
198,938.00
198,938.00

98.22 5.84%
196,432.20
2,571.00

0.79%
(2,505.80)
A1 / A
AA1.211.14
12572QAG0 CME Group Inc. Callable Note Cont
12/15/2024
3% Due 3/15/2025
250,000.00 09/16/2022

4.26%
242,670.00
242,670.00

96.33 5.27%
240,836.00
2,208.33

0.96%
(1,834.00)
Aa3 / AAAA1.71

1.62 808513BB0 Charles Schwab Corp Callable Note
Cont 2/24/2025

4.2% Due 3/24/2025
250,000.00 09/16/2022

4.36%
249,015.00
249,015.00

97.32 5.81%
243,302.50
2,887.50

0.97%
(5,712.50)
A2 / AA1.73

1.65 78016EZ59 Royal Bank of Canada Note

3.375% Due 4/14/2025
200,000.00 09/16/2022

4.49%
194,656.00
194,656.00

96.27 5.59%
192,535.00
1,443.75

0.77%
(2,121.00)
A1 / A
AA1.791.69
756109AV6 Realty Income Corp Callable Not Cont
2/15/2025

3.875% Due 4/15/2025
250,000.00 09/13/2022

4.47%
246,425.00
246,425.00

96.91 5.71%
242,278.00
2,045.14

0.96%
(4,147.00)
A3 / ANR1.79

1.69 14913R2V8 Caterpillar Financial Service Note

3.4% Due 5/13/2025
125,000.00 09/21/2022

4.39%
121,940.00
121,940.00

96.82 5.21%
121,020.50
566.67

0.48%
(919.50)
A2 / A
A+

1.87 1.77
06368D3S1 Bank of Montreal Note

3.7% Due 6/7/2025
350,000.00 09/13/2022

4.50%
342,912.50
342,912.50

96.53 5.61%
337,870.05
863.33

1.34%
(5,042.45)
A2 / AAA1.94

1.83 63743HFE7 National Rural Utilities Note

3.45% Due 6/15/2025
250,000.00 09/19/2022

4.42%
243,805.00
243,805.00

96.20 5.52%
240,495.00
383.33

0.95%
(3,310.00)
A2 / AA1.96

1.86 91324PCP5 United Health Group Inc Note

3.75% Due 7/15/2025
125,000.00 09/21/2022

4.36%
122,981.25
122,981.25

97.34 5.14%
121,677.25
2,161.46

0.49%
(1,304.00)
A3 / A+
A

2.04 1.90
89236TKF1 Toyota Motor Credit Corp Note

3.65% Due 8/18/2025
350,000.00 09/13/2022

4.23%
344,498.00
344,498.00

96.63 5.34%
338,191.35
4,719.65

1.35%
(6,306.65)
A1 / A+
A+

2.14 1.99
24422EWJ4 John Deere Capital Corp Note

4.05% Due 9/8/2025
125,000.00 09/21/2022

4.36%
123,933.75
123,933.75

97.85 5.10%
122,312.75
1,589.06

0.49%
(1,621.00)
A2 / A
A+

2.19 2.04
69371RS23 Paccar Financial Corp Note

4.95% Due 10/3/2025
250,000.00 09/27/2022

4.95%
250,020.00
250,020.00

99.36 5.25%
248,395.00
3,025.00

0.99%
(1,625.00)
A1 / A+
NR

2.26 2.09
713448FQ6 Pepsico Inc. Callable Note Cont 1/13/26

4.55% Due 2/13/2026
65,000.00 02/13/2023

4.57%
64,962.30
64,962.30

99.70 4.67%
64,804.03
1,117.28

0.26%
(158.27)
A1 / A+
NR

2.63 2.40
46647PCZ7 JP Morgan Chase & Co Callable Note
Cont 4/26/2025

4.08% Due 4/26/2026
200,000.00 09/13/2022

5.33%
195,980.00
195,980.00

97.18 5.73%
194,353.00
1,473.33

0.77%
(1,627.00)
A1 / AAA2.82

1.71 Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 7/4/2023 2:05:09 PM ATTACHMENT D - Page 5 of 8
Holdings Report
As of June 30, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
61747YET8 Morgan Stanley Callable Note Cont
7/17/2025

4.679% Due 7/17/2026
200,000.00 09/13/2022

5.31%
199,302.00
199,302.00

98.13 5.66%
196,257.60
4,263.09

0.79%
(3,044.40)
A1 / AA+3.05

1.88 06051GLA5 Bank of America Corp Callable Note
Cont 7/22/2025

4.827% Due 7/22/2026
200,000.00 09/13/2022

5.44%
199,336.00
199,336.00

98.30 5.71%
196,591.40
4,263.85

0.79%
(2,744.60)
A1 / AAA3.06

1.89 06406RBJ5 Bank of NY Mellon Corp Callable Note
1X 7/24/2025

4.414% Due 7/24/2026
350,000.00 Various

5.06%
348,501.00
348,501.00

97.87 5.52%
342,552.70
6,737.48

1.38%
(5,948.30)
A1 / A
AA3.071.91
74340XBK6 Prologis LP Callable Note Cont 7/1/2026

3.25% Due 10/1/2026
250,000.00 09/14/2022

4.30%
240,397.50
240,397.50

94.68 5.04%
236,702.50
2,031.25

0.94%
(3,695.00)
A3 / A
NR

3.26 3.01
26442CAS3 Duke Energy Carolinas Callable Note
Cont 9/1/2026

2.95% Due 12/1/2026
250,000.00 09/16/2022

4.31%
237,035.00
237,035.00

93.96 4.89%
234,901.25
614.58

0.93%
(2,133.75)
Aa3 / A
NR

3.42 3.19
46647PCB0 JP Morgan Chase & Co Callable Note
Cont 4/22/2026

1.578% Due 4/22/2027
250,000.00 09/15/2022

5.31%
221,377.50
221,377.50

89.82 5.54%
224,553.25
756.13

0.89%
3,175.75
A1 / AAA3.81

2.67 91324PEG3 United Health Group Inc Callable Note
Cont 4/15/2027

3.7% Due 5/15/2027
250,000.00 09/13/2022

4.21%
244,607.50
244,607.50

96.40 4.73%
240,996.25
1,181.94

0.96%
(3,611.25)
A3 / A+
A

3.88 3.54
89115A2C5 Toronto-Dominion Bank Note

4.108% Due 6/8/2027
200,000.00 09/13/2022

4.73%
194,794.00
194,794.00

95.64 5.35%
191,277.60
524.91

0.76%
(3,516.40)
A1 / A
NR

3.94 3.57
61747YEC5 Morgan Stanley Callable Note Cont
7/20/2026

1.512% Due 7/20/2027
250,000.00 09/15/2022

5.27%
219,305.00
219,305.00

88.60 5.63%
221,492.00
1,690.50

0.88%
2,187.00
A1 / AA+4.06

2.89 06051GJS9 Bank of America Corp Callable Note
Cont 6/21/2027

1.734% Due 7/22/2027
250,000.00 09/15/2022

5.44%
219,722.50
219,722.50

89.28 5.59%
223,191.25
1,914.63

0.89%
3,468.75
A1 / AAA4.06

2.88 78016FZS6 Royal Bank of Canada Note

4.24% Due 8/3/2027
200,000.00 09/13/2022

4.73%
195,794.00
195,794.00

96.48 5.21%
192,957.40
3,486.22

0.78%
(2,836.60)
A1 / A
AA4.103.63
14913R3A3 Caterpillar Financial Service Note

3.6% Due 8/12/2027
250,000.00 09/13/2022

4.27%
242,635.00
242,635.00

96.26 4.61%
240,654.50
3,475.00

0.96%
(1,980.50)
A2 / A
A+

4.12 3.72
023135BC9 Amazon.com Inc Callable Note Cont
5/22/2027

3.15% Due 8/22/2027
250,000.00 09/14/2022

4.17%
238,730.00
238,730.00

94.09 4.74%
235,214.75
2,821.88

0.94%
(3,515.25)
A1 / AA
AA4.153.77
Chandler Asset Management - CONFIDENTIAL Page 5 Execution Time: 7/4/2023 2:05:09 PM ATTACHMENT D - Page 6 of 8
Holdings Report
As of June 30, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
24422EWK1 John Deere Capital Corp Note

4.15% Due 9/15/2027
250,000.00 09/13/2022

4.29%
248,480.00
248,480.00

97.58 4.79%
243,948.25
3,054.86

0.97%
(4,531.75)
A2 / A
A+

4.21 3.76
58933YBH7 Merck & Co Callable Note Cont
4/17/2028

4.05% Due 5/17/2028
300,000.00 Various

4.08%
299,617.50
299,617.50

98.26 4.45%
294,785.71
1,485.00

1.17%
(4,831.79)
A1 / A+
NR

4.88 4.36
Total Corporate 6,690,000.00 4.61%
6,492,371.30
6,492,371.30 5.29%
6,420,579.04
65,356.15

25.60%
(71,792.26)
A1 / A
A+

2.98 2.51

MONEY MARKET FUND
31846V203 First American Govt Obligation Fund
Class Y
137,033.31 Various

4.70%
137,033.31
137,033.31

1.00 4.70%
137,033.31

0.00 0.54%

0.00 Aaa / AAA
AAA

0.00 0.00
Total Money Market Fund 137,033.31 4.70%
137,033.31
137,033.31 4.70%
137,033.31

0.00 0.54%

0.00 Aaa / AAA
AAA

0.00 0.00

US TREASURY
91282CEX5 US Treasury Note
3% Due 6/30/2024
550,000.00 09/15/2022

3.91%
541,384.77
541,384.77

97.64 5.46%
537,023.30

44.84 2.12%
(4,361.47)
Aaa / AA+
AAA

1.00 0.97
91282CFG1 US Treasury Note

3.25% Due 8/31/2024
650,000.00 09/21/2022

4.00%
640,935.55
640,935.55

97.60 5.39%
634,385.05
7,060.80

2.53%
(6,550.50)
Aaa / AA+
AAA

1.17 1.11
9128283P3 US Treasury Note

2.25% Due 12/31/2024
650,000.00 09/15/2022

3.85%
627,351.56
627,351.56

95.75 5.23%
622,375.00

39.74 2.46%
(4,976.56)
Aaa / AA+
AAA

1.51 1.45
9128284F4 US Treasury Note

2.625% Due 3/31/2025
650,000.00 09/14/2022

3.80%
631,667.97
631,667.97

95.99 5.04%
623,923.95
4,288.93

2.48%
(7,744.02)
Aaa / AA+
AAA

1.75 1.67
9128284M9 US Treasury Note

2.875% Due 4/30/2025
650,000.00 09/22/2022

4.15%
629,789.06
629,789.06

96.30 5.01%
625,929.85
3,148.44

2.48%
(3,859.21)
Aaa / AA+
AAA

1.84 1.75
91282CEU1 US Treasury Note

2.875% Due 6/15/2025
650,000.00 09/15/2022

3.89%
632,962.89
632,962.89

96.19 4.94%
625,244.10
816.94

2.47%
(7,718.79)
Aaa / AA+
AAA

1.96 1.87
91282CFE6 US Treasury Note

3.125% Due 8/15/2025
650,000.00 09/13/2022

3.75%
638,802.74
638,802.74

96.58 4.83%
627,783.00
7,631.22

2.51%
(11,019.74)
Aaa / AA+
AAA

2.13 2.00
91282CFK2 US Treasury Note

3.5% Due 9/15/2025
650,000.00 09/19/2022

3.90%
642,712.89
642,712.89

97.30 4.80%
632,429.85
6,676.63

2.52%
(10,283.04)
Aaa / AA+
AAA

2.21 2.07
9128286L9 US Treasury Note

2.25% Due 3/31/2026
650,000.00 09/14/2022

3.75%
617,880.86
617,880.86

94.10 4.56%
611,635.05
3,676.23

2.43%
(6,245.81)
Aaa / AA+
AAA

2.75 2.61
Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 7/4/2023 2:05:09 PM ATTACHMENT D - Page 7 of 8
Holdings Report
As of June 30, 2023
City of Stanton
Account #10991
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

US TREASURY
9128287B0 US Treasury Note

1.875% Due 6/30/2026
650,000.00 09/15/2022

3.78%
606,632.81
606,632.81

92.80 4.46%
603,230.55

33.12 2.38%
(3,402.26)
Aaa / AA+
AAA

3.00 2.86
9128282A7 US Treasury Note

1.5% Due 8/15/2026
650,000.00 09/13/2022

3.72%
597,923.83
597,923.83

91.40 4.48%
594,114.95
3,662.98

2.36%
(3,808.88)
Aaa / AA+
AAA

3.13 2.98
91282CEF4 US Treasury Note

2.5% Due 3/31/2027
650,000.00 09/14/2022

3.66%
618,591.80
618,591.80

93.71 4.33%
609,146.20
4,084.70

2.42%
(9,445.60)
Aaa / AA+
AAA

3.75 3.50
91282CFH9 US Treasury Note

3.125% Due 8/31/2027
650,000.00 09/13/2022

3.57%
636,822.26
636,822.26

95.64 4.28%
621,638.55
6,789.23

2.48%
(15,183.71)
Aaa / AA+
AAA

4.17 3.81
91282CGC9 US Treasury Note

3.875% Due 12/31/2027
350,000.00 01/24/2023

3.59%
354,470.70
354,470.70

98.60 4.22%
345,091.95

36.85 1.36%
(9,378.75)
Aaa / AA+
AAA

4.51 4.08
91282CGH8 US Treasury Note

3.5% Due 1/31/2028
500,000.00 02/22/2023

4.12%
486,269.53
486,269.53

97.11 4.20%
485,527.50
7,299.72

1.94%
(742.03)
Aaa / AA+
AAA

4.59 4.12
91282CGT2 US Treasury Note

3.625% Due 3/31/2028
350,000.00 04/24/2023

3.61%
350,259.77
350,259.77

97.67 4.17%
341,851.65
3,189.21

1.36%
(8,408.12)
Aaa / AA+
AAA

4.76 4.27
91282CHE4 US Treasury Note

3.625% Due 5/31/2028
500,000.00 06/22/2023

4.02%
491,308.59
491,308.59

97.81 4.12%
489,062.50
1,535.18

1.94%
(2,246.09)
Aaa / AA+
AAA

4.92 4.44
Total US Treasury 10,050,000.00 3.83%
9,745,767.58
9,745,767.58 4.72%
9,630,393.00
60,014.76

38.24%
(115,374.58)
Aaa / AA+
AAA

2.75 2.56
TOTAL PORTFOLIO 26,144,431.45 4.16%
25,438,869.67
25,438,869.67 4.95%
25,170,952.18
168,707.72
100.00%
(267,917.49)
Aa2 / AA
AAA

2.85 2.40
TOTAL MARKET VALUE PLUS ACCRUED 25,339,659.90
Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 7/4/2023 2:05:09 PM ATTACHMENT D - Page 8 of 8
1 CITY OF STANTON

REPORT TO THE SUCCESSOR AGENCY TO THE

STANTON REDEVELOPMENT AGENCY
TO: Honorable Chairman and Members of the Successor Agency DATE: August 22, 2023
SUBJECT: JUNE 2023 INVESTMENT REPORT (SUCCESSOR AGENCY) REPORT IN BRIEF:

The Investment Report as of June 30, 2023, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

RECOMMENDED ACTIONS:

1. Successor Agency 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. Receive and file the Investment Report for the month of June 2023.

BACKGROUND:

The attached report summarizes the Successor Agency’s investment and deposit balances as of June 2023. During the month of June, the Successor Agency’s cash and investments decreased by $1,037,201. During the month of June, the Successor Agency’s paid the semi-annual payments for its outstanding bond obligations. The Successor Agency’s cash and investment balances by fund are presented in Attachment A. The Successor Agency’s investments and deposits by financial institution are included as Attachment B.

ANALYSIS:

The Successor Agency’s share of the City’s investment in the State Treasurer’s Local Agency Investment Fund (LAIF) continues to be available on demand. The effective yield on LAIF for the month of June 2023 was 3.17%.

The Successor Agency’s investments are shown on Attachment B and have a weighted investment yield of 3.17%, which is equal to the benchmark LAIF return of 3.17%, as the entire portfolio (excluding funds held with the bond fiscal agents) represents the Item: 9E
Click here to return to the agenda.
2 Successor Agency’s portion of LAIF and Bank of the West funds invested by the City.

With a completely liquid portfolio, the weighted average maturity of the Successor Agency’s investments on June 30, 2023, was 1 day. LAIF’s average maturity on June 30, 2023, was approximately 259 days.

FISCAL IMPACT:

All deposits and investments have been made in accordance with the City's Fiscal Year 2022-23 Investment Policy.

The portfolio will allow the Successor Agency to meet its expenditure requirements for the next six months.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the agenda posting process.

Prepared by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Cash and Investment Balances by Fund
B. Investments and Deposits
Fund/
Account No. Fund/Account Name
Beginning
Balance Increases Decreases Ending Balance

CASH-POOLED
712-111101 Redevelopment Obligation Retirement Fund $ 3,362,300.73 $ - $ 3,362,300.73 - $ Total Cash-Pooled (1) $ - 3,362,300.73 $ $ 3,362,300.73 - $ CASH-RESTRICTED (with Fiscal Agent)
712-111423 2016 Tax Allocation Bonds, Series A and B $ 713,960.56 $ 3.04 $ (276,450.00) $ 437,513.60 712-111425 2016 Tax Allocation Bonds, Series C and D 1,234,580.76 5.24 (614,562.50) 620,023.50712-111426 2020 Tax Allocation Refunding Bonds, Series A 832,450.57 3.53 (146,200.00) 686,254.10 Total Cash-Restricted (with Fiscal Agent) $ 2,780,991.89 $ 11.81 $ (1,037,212.50) $ 1,743,791.20 TOTAL CASH AND INVESTMENTS $ 6,143,292.62 $ 11.81 $ (1,037,212.50) $ 5,106,091.93 Note:
(1) - Includes the Successor Agency's share of the City's Bank of the West checking account and Local Agency Investment Fund (LAIF).

SUCCESSOR AGENCY TO THE STANTON REDEVELOPMENT AGENCY

CASH AND INVESTMENTS REPORT
MONTH ENDED JUNE 30, 2023
ATTACHMENT A Click here to return to the agenda.

SUCCESSOR AGENCY TO THE STANTON REDEVELOPMENT AGENCY

INVESTMENTS AND DEPOSITS
Investment Issuer/ Date of Market MV
Type Institution Broker Maturity Cost Value Source
LAIF and BOW General Acct State of California/ BOW State of California On Demand 3.17% N/A $ 3,362,301 $ 3,362,301 LAIF Total Cash Investments and Deposits 1 3.17% $ 3,362,301 $ 3,362,301 Weighted Average Weighted Average
Bond Funds Held by Trustees: Maturity (days) Yield
Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturity Rate Value Cost Value Source 2016 Series A and BDebt Service:Cash Equivalents US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 437,512 $ $ 437,512 $ US Bank 437,512 Interest:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 1 US Bank Principal: Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 1 US Bank Total 2016 Series A and B $ 437,514 $ 437,514 Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturit
y Rate
Value Cost
Value Source
2016 Series C and DDebt Service:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 620,021 $ $ 620,021 $ US Bank 620,021 Interest:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 1 US Bank Principal: Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 1 1 1 US Bank Total 2016 Series C and D $ 620,023 $ 620,023 MONTH ENDED JUNE 30, 2023
Rate
Interest

ATTACHMENT B

Page 1 of 2 ends

Investment Issuer/ CUSIP Date of Interest Par Market MV Type Institution Broker Number Maturity Rate Value Cost Value Source 2020 Tax Allocation Refunding Bonds Special Fund:Cash Equivalent US Bank Money Market US Bank 9AMMF05B2 On Demand 0.02% 686,254 $ $ 686,254 $ US Bank 686,254 Total 2020 Tax Allocation Bonds (Tax-Exempt) $ 686,254 $ 686,254 Total Bond Fund Investments and Deposits (3) $ 1,743,791 1,743,791 $ TOTAL - ALL CASH AND INVESTMENTS $5,106,092 $5,106,092 Notes:
(1) - There have been no exceptions to the Investment Policy. (2) - The Successor Agency is able to meet its expenditure requirements for the next six months. (3) - Restricted Bond Funds are held by the fiscal agent.

ATTACHMENT B

Page 2 of 2 ends

1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 22, 2023
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR

BROCHURE DESIGN AND PRINTING SERVICES
REPORT IN BRIEF:

Staff recommends that City Council approve the contracts with DSYL and Southwest Offset Printing for the design and printing of the Stanton Express recreation brochure.

RECOMMENDED ACTION:

1. City Council declare that the project is not subject to CEQA in accordance with Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

2. Approve a Professional Services Agreement with DSYL for the design of the Stanton Express recreation brochure; and

3. Approve a Professional Services Agreement with Southwest Offset Printing for the printing of the Stanton Express recreation brochure; and

4. Authorize the City Manager to bind the City of Stanton and DSYL and Southwest Offset Printing in contracts to provide these services.

BACKGROUND:

The Stanton Express recreation brochure advertises the Community Services Department’s upcoming classes and events and informs Stanton residents of important updates occurring in our City.

Currently, the Stanton Express is mailed to over 16,000 households within city limits.

The Community Services Department distributes an additional 1,600 brochures across City Hall, Stanton Central Park and the Stanton Family Resource Center to walk up patrons.

Item: 9F
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ANALYSIS/JUSTIFICATION:

The Community Services Department is currently under contract with DSYL to design the Stanton Express and Southwest Offset Printing to print and distribute the Stanton Express. Both contracts are set to expire after an initial two-year award and two, oneyear extensions.

On May 10, 2023, staff initiated a request for proposals (RFP) for both the graphic design and printing and distribution of the Stanton Express. The RFP was sent out to numerous businesses and posted on the City website.

The City received four proposals in response to each service, shown in alphabetical order below.

Design Services
• Creative Vision Group, LLC
• DSYL
• Mcgregor Shott, Inc.
• The PM Group
Printing Services
• iColor Printing & Mailing INC.
• Southwest Offset Printing
• The PM Group
• World Trade Printing Company
After a thorough review of the proposals, staff concluded that DSYL and Southwest Offset Printing reflected the best quality, fiscal prudence and demonstrated record of success.

The agreement for printing services with Southwest Offset Printing is for a not-toexceed amount of $22,000 annually, and the agreement with DSYL for design services is for a not-to-exceed amount of $10,000 annually. Each agreement stipulates a oneyear term, with the option to renew for two additional one-year terms.

FISCAL IMPACT:

Funds for the design and printing of the Stanton Express have been allocated in the adopted FY 2023/2024 Operating Budget in the amount of $32,000 for design and print services.

ENVIRONMENTAL IMPACT:

In accordance with Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.

LEGAL REVIEW:

The City Attorney has reviewed and approved the professional services agreements as to form.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.

PUBLIC NOTIFICATION:

Through the normal agenda posting process.

Prepared by: Ashley Cain, Community Services Manager
Reviewed by: Zenia Bobadilla, Community Services Manager Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Professional Services Agreement for Brochure Design Services B. Professional Services Agreement for Brochure Printing Services 55414.00000\31609876.1 - 1 -

CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR
PRINTING THE “STANTON EXPRESS”

1. PARTIES AND DATE.

This Agreement is made and entered into this 1st day of July, 2023, 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 Southwest Offset Printing, a California Corporation, with its principal place of business at 13650 Gramercy Place, Garden, CA 90249 (“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 PRINTING 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 PRINTING 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 quarterly printing of the “STANTON EXPRESS” 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 PRINTING 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 AUGUST 22, 2023 to JULY 1, 2024 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.

Attachment: A
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55414.00000\31609876.1 - 2 -

3.2 Responsibilities of Consultant.

3.2.1 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. 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: Arther Spear and Bruce Jarrin.

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 Ashley Cain, Community Services Manager, or his or her designee, as the City’s contact for the implementation of the 55414.00000\31609876.1 - 3 -
Services 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 Bruce Jarrin, 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 and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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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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 55414.00000\31609876.1 - 5 -
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 55414.00000\31609876.1 - 7 -
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 “C” attached hereto and incorporated herein by reference. The total compensation per year shall not exceed TWENTY TWO THOUSAND DOLLARS ($22,000) (“Total Compensation”), which includes a contingency equal to 10% of the base compensation in the amount of TWO THOUSAND TWO HUNDRED DOLLARS ($2,200) (the “Compensation Contingency”), without written approval of City’s Community Services 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.
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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 $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. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents 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:

Southwest Offset Printing Co., Inc.
13650 Gramercy Place
Gardena, CA 90249
Attention: Arther Spear
City:

City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Ashley Cain, Community Services
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 55414.00000\31609876.1 - 10 -
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, 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.
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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.

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 term referencing time, days or period for performance shall be deemed calendar days and not work days. 55414.00000\31609876.1 - 12 -
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 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.
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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.]
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IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this 22nd day of August, 2023.

CITY OF STANTON [INSERT NAME OF CONSULTANT]
By:

Hannah Shin-Heydorn
City Manager
By: ___________________________________
Arther Spear
Chief Financial Officer
ATTEST:

By:

Patricia Vazquez
City Clerk
By:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
55414.00000\31609876. 1A-1
EXHIBIT “A”

SCOPE OF SERVICES
The contractor shall furnish all equipment, labor and materials necessary to produce the Stanton Express. This will include reproduction and delivery of the final product to the Post Office in the correct manner for business/pre-sorted mailing.

The contractor shall print three editions of the City of Stanton’s Stanton Express per year. Each edition will include approximately 17,000 finished copies, 8.125 x 10.25 booklet format, twentyfour content pages, plus interior and exterior front and back covers. • The inside pages should be 50# white offset sheet fed. • Pages will be printed all color and be in CMYK format. • The cover will be 2 cover pages, front and back, of 60# gloss. • The finishing includes stitching and trim.

Delivery of printed Stanton Express is to be made with at least 1,200 delivered to the Stanton Community Services Department, 7800 Katella Avenue, Stanton, CA 90680 and approximately 16,000 being delivered to the Buena Park Branch of the United States Post Office, 7377 La Palma Avenue, Buena Park, CA 90622, and bundled / labeled according to current U.S. Postal Service regulations for presorted standard delivery, or as directed by the City’s designated representative.
55414.00000\31609876. 1B-1
EXHIBIT “B”

SCHEDULE OF SERVICES
The contractor shall provide the stanton express within a scheduled two-week period from receiving final copy from the city (optionally form the layout/designer via ftp). The city must receive proof, back-to-back and folded blueline copy of each edition and have an opportunity to submit changes before the final newsletter is printed. The blueline must be delivered to the city of stanton community services department at 7800 Katella Avenue, Stanton, CA 90680 for department approval. Approximate print months are provided below:
• Winter/Spring – December
• Summer – April
• Fall - August
55414.00000\31609876. 1C-1
EXHIBIT “C”

COMPENSATION
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%).
55414.00000\31609876.1 - 1 -

CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR
GRAPHIC DESIGN FOR THE “STANTON EXPRESS”

1. PARTIES AND DATE.

This Agreement is made and entered into this 1st day of July, 2023, 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 DSYL, a California Corporation, with its principal place of business at 108 E Amerige Avenue, Fullerton, CA 92832 (“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 GRAPHIC DESIGN 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 GRAPHIC DESIGN 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 graphic design of the “STANTON EXPRESS” 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 GRAPHIC DESIGN 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 AUGUST 22, 2023 to JULY 1, 2024 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.

Attachment: B
Click here to return to the agenda.
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3.2 Responsibilities of Consultant.

3.2.1 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. 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: Ru Lin-Ridge or Narina Gonneville.

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 Ashley Cain, Community Services Manager, or his or her designee, as the City’s contact for the implementation of the 55414.00000\31609876.1 - 3 -
Services 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 Ru Lin-Ridge, 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 and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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.
55414.00000\31609876.1 - 4 -

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 55414.00000\31609876.1 - 5 -
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 55414.00000\31609876.1 - 7 -
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 “C” attached hereto and incorporated herein by reference. The total compensation per year shall not exceed TEN THOUSAND DOLLARS ($10,000) (“Total Compensation”), which includes a contingency equal to 10% of the base compensation in the amount of ONE THOUSAND DOLLARS ($1,000) (the “Compensation Contingency”), without written approval of City’s Community Services 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.
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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. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents 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.

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, 55414.00000\31609876.1 - 9 -
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:

DSYL
108 E Amerige Avenue
Fullerton, CA 92832
Attention: Ru Lin-Ridge
City:

City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Ashley Cain, Community Services
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 55414.00000\31609876.1 - 10 -
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, 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 55414.00000\31609876.1 - 11 -
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.

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 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 55414.00000\31609876.1 - 12 -
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 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 55414.00000\31609876.1 - 13 -
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.]
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IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this 22nd day of August, 2023.

CITY OF STANTON DSYL
By:

Hannah Shin-Heydorn
City Manager
By:___________________________________
Ru Lin Ridge
Partner and Chief Financial Officer
ATTEST:

By:

Patricia Vazquez
City Clerk
By:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
55414.00000\31609876. 1A-1
EXHIBIT “A”

SCOPE OF SERVICES
The contractor shall furnish all equipment, labor and materials necessary to design the Stanton Express. This will include design, layout, graphics and delivery of the final product in retrievable form to the Stanton Community Services Department. The City shall retain creative control of the document. The total price should include all reasonable and ordinary charges and corrections to each proof and mockup stages.

The contractor shall design three editions of the City of Stanton’s Stanton Express per year. Each edition will be in an 8.125 x 10.25 booklet format, twenty-four content pages, plus interior and exterior front and back covers. Proposers should also include a quote for a twenty-eight-page edition, plus interior and exterior front and back covers. 55414.00000\31609876. 1B-1
EXHIBIT “B”

SCHEDULE OF SERVICES
The contractor shall provide the Stanton Express design within an assigned five-week schedule.

This five-week schedule begins with the City providing the designer with the initial text draft and ends when the completed document is uploaded to the printer. The City must receive a copy of each edition and have an opportunity to submit changes before the final guide is printed. An approximate timeline is provided below:
• Winter/Spring – November/December
• Summer – March/April
• Fall – July/August
55414.00000\31609876. 1C-1
EXHIBIT “C”

COMPENSATION
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%).***]

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 22, 2023
SUBJECT: APPROVE COOPERATIVE AGREEMENT BETWEEN THE CITY OF

STANTON AND THE CITY OF GARDEN GROVE FOR THE FISCAL YEAR 2022/2023 CITYWIDE RESURFACING PROJECT
REPORT IN BRIEF:

A portion of the intersection of Katella Avenue and Dale Avenue is within the City of Garden Grove. In order to fully rehabilitate the intersection, the City Engineer recommends including the City of Garden Grove’s portion into the scope of work for the Fiscal Year 2022/2023 Citywide Street Resurfacing Project. As such, staff worked collaboratively with the City of Garden Grove to develop a cooperative agreement for the construction.

RECOMMENDED ACTION:

1. City Council finds that that the project is categorically exempt under the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(c) as repair, maintenance, and minor alteration of existing streets, sidewalks, gutters, and similar facilities; and

2. Approve the Cooperative Agreement between the City of Stanton and the City of Garden Grove for the Fiscal Year 2022/2023 Citywide Street Resurfacing Project; and

3. Authorize the City Manager to execute the Cooperative Agreement.

BACKGROUND:

Katella Avenue (Beach Boulevard to Dale Avenue) and Dale Avenue (Katella Avenue to the railroad tracks) are included in the Fiscal Year 2022/2023 Citywide Street Resurfacing Project scope of work per the Pavement Management Plan.

This Project consists of demolition and removals, clearing and grubbing, roadway modifications, roadway grading and earthwork, curb and gutter, asphalt pavement, signing and striping, and all appurtenant work.

On May 9, 2023, the City Council approved the specifications and plans and authorized staff to advertise for bids.

Item: 9G
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ANALYSIS/JUSTIFICATION:

A portion of the intersection of Katella Avenue and Dale Avenue is within the City of Garden Grove, estimated at approximately 4,300 square feet. In order to fully rehabilitate the intersection, the City Engineer recommends including the City of Garden Grove’s portion into the scope of work. Therefore, a Cooperative Agreement is necessary before any work commences.

Staff worked collaboratively with the City of Garden Grove to develop a cooperative agreement for the construction of this Project. The Agreement provides for a project scope of work and defines the specific terms, conditions and responsibilities between the City of Stanton and the City of Garden Grove. The Cooperative Agreement establishes the City of Stanton as the lead agency for this Project and the estimated cost for work in the City of Garden Grove’s jurisdiction is approximately $7,690.

The Cooperative Agreement has been presented and approved by the City of Garden Grove City Council at the August 8, 2023 meeting.

FISCAL IMPACT:

The adopted Fiscal Year 2023/2024 Operating Budget includes funds for this Project (Task Code No. 2023-101). The City of Garden Grove will pay the City of Stanton for work performed within the City of Garden Grove city limits upon final approval by the City of Garden Grove.

ENVIRONMENTAL IMPACT:

This project is exempt under the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(c) as repair, maintenance, and minor alteration of existing streets, sidewalks, gutters, and similar facilities.

LEGAL REVIEW:

The City Attorney has reviewed the Agreement.

PUBLIC NOTIFICATION:

Public notice for this item was made through the regular agenda process.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 3: Provide a quality infrastructure.

Prepared by: Han Sol Yoo, E.I.T., Associate Engineer
Reviewed by: Cesar Rangel, P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Cooperative Agreement

COOPERATIVE AGREEMENT
THIS COOPERATIVE AGREEMENT ("Agreement"), dated this __ day of _______ , 2023, is made and entered into by and between the City of Stanton, a municipal corporation, hereinafter referred to as "STANTON" and the City of Garden Grove, a municipal corporation, hereinafter referred to as "GARDEN GROVE''.

WITNESS ETH:

WHEREAS, STANTON is contemplating the rehabilitation of the pavement surface of that portion of Katella Avenue and Dale Avenue intersection located in the City of Stanton, (hereinafter the "STANTON PORTION"); and,
WHEREAS, there is a portion of Katella Avenue and Dale Avenue located within the boundaries of GARDEN GROVE (hereinafter "GG PORTION"); and, WHEREAS, GARDEN GROVE desires to have STANTON rehabilitate the GG PORTION of Katella Avenue and Dale Avenue in conjunction with the STANTON PORTION, collectively the "PROJECT", and STANTON is willing to do so. The exact location of the GARDEN GROVE is described in detail in the document attached hereto as Exhibit A, incorporated herein by this reference. The estimated cost of the GG PORTION, including a ten percent (10%) contingency, is Seven Thousand Six Hundred Ninety Dollars ($ 7,690.00) (the "Estimated Cost").

NOW, THEREFORE, in consideration of the following promises, covenants, and conditions, the parties hereto do agree as follows:

1. DUTIES OF STANTON
a. Upon commencement of the PROJECT, STANTON shall include the GARDEN GROVE PORTION as a part of STANTON's public works project, prepare the request for bids, hire the lowest responsible bidder (the "Successful Contractor"), and oversee and administer the PROJECT in the GARDEN GROVE PORTION in the same manner and to the same extent as the STANTON PORTION, all in accordance with all applicable laws governing construction of public works by STANTON, including, but not limited to, the California Environmental Quality Act, performance and labormaterialmen bonds, and laws governing public bidding and the payment of prevailing wages. If STANTON, in its sole discretion, determines not to proceed with the PROJECT at any time prior to commencement of actual work, this Agreement shall terminate with no further action required by either party. In the event the projected actual cost of the GG PORTION, as reflected in the Successful Contractor's bid, exceeds the Estimated Cost by twenty percent (20%), STANTON shall not award a contract to the

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Attachment: A
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Successful Bidder for the GG PORTION without prior written approval of GARDEN GROVE.
b. At least thirty (30) calendar days prior to release of the Notice Inviting Bids for the PROJECT, STANTON'S City Engineer shall provide GARDEN GROVE's City Engineer a copy of the PROJECT's plans and specifications for his approval, which approval shall not be unreasonably withheld. If GARDEN GROVE's City Engineer objects to the plans and specifications, and if his objections cannot be satisfied through discussions with STANTON'S City Engineer, the GG PORTION shall not be included in the PROJECT and STANTON shall proceed with the STANTON PORTION only.
c. STANTON agrees that it shall not permit nor cause any hazardous materials to be brought upon, kept, used, stored, generated or disposed of in, or, or about the GARDEN GROVE PORTION. "Hazardous Materials" shall mean any material that, because of its quantity, concentration, or physical or chemical characteristics, or any combination thereof, is deemed by a federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. d. STANTON shall ensure that its contract with the Successful Contractor requires the Successful Contractor provide insurance acceptable to GARDEN GROVE as shown in Exhibit "B," to name GARDEN GROVE as an additional insured, and to indemnify, defend, and hold harmless GARDEN GROVE in the same manner and to the same extent as STANTON. STANTON shall not permit construction of any portion of the PROJECT to commence until evidence of the required insurance and additional insured endorsements have been provided to and approved by GARDEN GROVE.

2. GARDEN GROVE'S DUTIES
a. GARDEN GROVE shall pay STANTON for the actual cost of the work on the GG PORTION based upon unit prices bid of the Successful Contractor and quantities actually used on the GG PORTION. GARDEN GROVE shall pay STANTON the total amount due for the GG PORTION upon official final approval of the work by GARDEN GROVE provided that such final approval shall not be unreasonably withheld. Garden Grove shall render payment to Stanton for the full amount of the Garden Grove Portion within 60 days of providing official final approval of the work.
b. GARDEN GROVE agrees that any permits required by the Successful Contractor for the work to be performed on the GG PORTION shall be issued to the Successful Contractor at no cost to STANTON or the Successful Contractor.

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c. GARDEN GROVE shall provide its own inspection services for the GG PORTION of the work.
d. GARDEN GROVE agrees to fully cooperate with STANTON and the Successful Contractor in the prosecution of the work, traffic control, and any other matters required for completion of the PROJECT in the GG PORTION.
e. GARDEN GROVE acknowledges that STANTON is not the contractor for the PROJECT and that STANTON does not warrant any work performed by the Successful Contractor. Notwithstanding the above, STANTON shall require the Successful Contractor to provide GARDEN GROVE with any and all warranties, insurance coverage, and indemnities and any other rights the Successful Contractor agrees to provide to STANTON under the construction contract and as provided by law.
f. In addition to the above, GARDEN GROVE also agrees to pay STANTON for all costs associated with any change orders pertaining to the GG PORTION, provided the change orders have been previously approved in writing by GARDEN GROVE's City Engineer.

3. ENTIRE AGREEMENT
This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements that may have been entered into between the parties. No modifications or revisions shall be of any force or effect, unless the same is in writing and executed by the parties hereto.

4. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement and any of the attached Exhibit, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

5. ASSIGNMENT
Neither STANTON nor GARDEN GROVE may assign or transfer its rights or obligations under this Agreement, or any part thereof, without the written consent of the other party.

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6. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

7. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California. If any portion of this Agreement is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid. Venue shall exclusively be in a court of competent jurisdiction in the County of Orange, California.

8. NO WAIVER
No waiver or failure to exercise any right, option, or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option, or privilege on any other occasion.

9. NO THIRD PARTY RIGHTS
The parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.

10. NOTICES
Notices and communication concerning this Agreement shall be sent to the following addresses:

GARDEN GROVE
City of Garden Grove
Attention: Dan Candelaria, P.E., T.E.

City Engineer
11222 Acacia Parkway
Garden Grove, CA 92842

STANTON
City of Stanton
Attention: Cesar Rangel, P.E.

Public Works Director/City
Engineer
7800 Katella Avenue
Stanton, CA 90680
Either party may, by notice to the other party, change the address specified above.

Any notices, documents, correspondence or other communications concerning this Agreement may be provided by personal delivery, facsimile or mail and shall be addressed as set forth above. Such communication shall be deemed served or delivered:

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a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) five (5) calendar days after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

11. EFFECTIVE DATE
The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signatures hereto.

12. INDEMNITY
STANTON and GARDEN GROVE each hereby agrees to indemnify, defend, protect and hold harmless the other party, and its elected and appointed officials, officers, employees, representatives, volunteers, and agents from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, workers' compensation benefits, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses of any kind or nature, arising from the activities of the indemnitor or its officers, agents, or employees on the PROJECT, or any breach of contract, negligent acts, omissions or breach of law, or willful misconduct of the indemnitor, or its officers, agents, or employees arising out of the performance of, or failure to perform, any provisions of this Agreement.

Neither party assumes liability for the acts or omissions of persons other than each party's respective officers, agents, or employees. In the event judgment is entered against both parties because of joint or concurrent negligence of both parties, or their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. The respective obligations of the parties pursuant to this Section shall survive expiration or earlier termination of this Agreement.

13. COOPERATION
In the event any claim or action is brought against STANTON relating to the performance rendered under this Agreement, GARDEN GROVE shall render any reasonable assistance and cooperation which STANTON might require.

14. COSTS
Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

15. HEADINGS
Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or

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interpretation of this Agreement.

16. CONSTRUCTION.

The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

17. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

18. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument.

19. CORPORATE AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. [Signatures on the following page.)

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.

CITY OF GARDEN GROVE,
a municipal corporation
Lisa Kim, City Manager
APPROVED AS TO FORM: ��{
Garden Grove City Attorney

CITY OF STANTON,
a municipal corporation
By:----------­ Hannah Shin-Heydorn, City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP,
Stanton City Attorney

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ATTEST:
1hUA, l?,.,V. 10
Teresa Pomeroy, Ga� Grove
City Clerk
DATE OF EXECUTION:

ATTEST:

Patricia Vazquez, Stanton City
Clerk
DATE OF EXECUTION:
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: August 22, 2023
SUBJECT: APPROVAL OF SECOND AMENDMENT TO AGREEMENT FOR TREE

MAINTENANCE, PLANTING, AND REMOVAL SERVICES
REPORT IN BRIEF:

Great Scott Tree Service (GSTS) has been trimming and maintaining the City’s trees since 2011. The term of the current agreement is July 1, 2018 to June 30, 2024. The current not-to-exceed annual compensation is $90,000 and the total contract not-toexceed compensation is $480,000, as established in the First Amendment approved on June 28, 2022. Based on GSTS’s satisfactory service and competitive rates, staff is recommending a second amendment to extend the term of the Agreement to June 30, 2026, increase the annual not-to-exceed compensation to $100,000, and increase the total contract not-to-exceed compensation to $780,000.

RECOMMENDED ACTION:

1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping; and

2. Approve the Second Amendment to the existing agreement with Great Scott Tree Service and allow the City Attorney to make minor edits as necessary prior to the execution of the Second Amendment; and

3. Authorize the City Manager to execute the Second Amendment to the existing Agreement with Great Scott Tree Service.

BACKGROUND:

On February 12, 2018, the City issued a Request for Proposal for tree trimming and removal services in the City. Four bids were received for these services on February 26, 2018 and are listed below:

Item: 9H
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2 # Contractor Base Bid
1 West Coast Arborists $138,000
2 Great Scott Tree Service $68,765
3 Mariposa Landscapes, Inc. $100,215
4 Bright View $77,325
Based on a review of the proposals, GSTS was awarded a four-year service contract with a term from July 1, 2018 to June 30, 2022. The Agreement allows for one (1) two-year extension at the same proposed annual cost.

On June 28, 2022, the Council approved the First Amendment to the contract which extended the term through June 30, 2024, increased the total compensation, and increased the rates of compensation under the Agreement.

ANALYSIS/JUSTIFICATION:

The First Amendment states that total compensation cannot exceed $90,000 annually, and $480,000 over the term of the Agreement. Currently, the City has compensated GSTS a total of $468,711 for their services over the term of the Agreement. As such, the not-to-exceed amount must be increased so that services provided for Fiscal Year 2023/2024 can be compensated.

During the COVID-19 pandemic, much of the City’s tree trimming services were halted, which led to a significant backlog of service. The City has also seen an increase in demand for tree trimming. Additionally, staff has been actively planting more trees within residential parkways in order to promote beautification and greenery within neighborhoods.

Based upon their satisfactory service and competitive rates, staff is recommending a Second Amendment to the Agreement which would extend the term through June 30, 2026 and increase the annual not-to-exceed amount from $90,000 to $100,000 ($10,000 increase) and increase the total not-to-exceed amount from $480,000 to $780,000 ($300,000 increase, three times the annual amount) over the term of the Agreement. This allows staff, if a surplus exists in any given year, to perform additional trimming within the limits of the adopted Fiscal Year 2023/2024 Operating Budget.

FISCAL IMPACT:

The adopted Fiscal Year 2023/2024 Operating Budget includes sufficient funds for these services through June 30, 2024. Funding for the additional out years will be proposed as part of the budget development process for Fiscal Years 2024/2025 and 2025/2026. 3 ENVIRONMENTAL IMPACT:

This project is categorically exempt under the California Environmental Quality Act, Class 1, Section 15301(h) as maintenance of existing landscaping.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 3: Provide a high-quality infrastructure.

Prepared by: Han Sol Yoo, E.I.T, Associate Engineer
Reviewed by: Cesar Rangel, P.E., Director of Public Works/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Second Amendment to the Original Agreement
B. Current Agreement
55414.00000\40188084.1
A-1

CITY OF STANTON

SECOND AMENDMENT TO

AGREEMENT FOR TREE MAINTENANCE, PLANTING, AND REMOVAL SERVICES

1. PARTIES AND DATE.

This Second Amendment to the Agreement for Tree Maintenance, Planting, and Removal Services (“Second Amendment”) is entered into on the ___ day of ______, 2023, by and between the City of Stanton (“City”) and Great Scott Tree Services, Inc. (“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 Tree Trimming, Planting, and Removal Services dated March 27, 2018 (“Agreement”).

2.2 First Amendment. The Parties entered into an extend the term of the Agreement, increased the total compensation, and increased the rates of compensation under the Agreement.

2.3 Second Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total compensation.

3. TERMS.

3.1 Term. Section 2 of the Agreement is hereby amended in its entirety to read as follows:
“The term of the Agreement shall commence on March 27, 2018 and shall continue in full force and effect until the tasks described herein are completed, or until June 30, 2026, unless earlier terminated as provided herein.”

3.2 Compensation. Section 5(a) 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 the rates set forth in Exhibit “B” attached hereto for a total compensation not-to-exceed Seven Hundred Fifty Thousand Dollars ($780,000) over the term of the Agreement. In no event shall the compensation for the Services provided pursuant to this Agreement exceed One-Hundred Thousand Dollars ($100,000) annually without written approval of the City Manager.”

3.3 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.

Attachment: A
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55414.00000\40188084.1
A-2

3.4 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 __________, 2023.

CITY OF STANTON GREAT SCOTT TREE SERVICES, INC.

By:

Hannah Shin-Heydorn
City Manager
By:

Scott Griffiths
President
ATTEST:

By:

Patricia Vazquez
City Clerk
By:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
55414.00000\40188084.1
B-3

CITY OF STANTON

FIRST AMENDMENT TO

AGREEMENT FOR TREE MAINTENANCE, PLANTING, AND REMOVAL SERVICES

1. PARTIES AND DATE.

This First Amendment to the Agreement for Tree Maintenance, Planting, and Removal Services ("First Amendment") is entered into on the JI!'liay of :Ji.,r,e , 2022, by and between the City of Stanton ("City") and Great Scott Tree Services, Inc. ("Consultant''). City and Consultant are sometimes co11ectively referred to herein as the "Parties."

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for Tree Trimming, Planting, and Removal Services dated March 27, 2018 ("Agreement'').

2.2 First Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the total compensation and increase the rates of compensation under the Agreement.

3. TERMS.

3.1 Term. Section 2 of the Agreement is hereby amended in its entirety to read as follows:
"The term of the Agreement shall commence on March 27, 2018 and shall continue in full force and effect until the tasks described herein are completed, or until June 30, 2024, unless earlier terminated as provided herein. At the City's sole discretion, the Agreement may be extended for one additional two-year term at the rates of compensation herein, except as may be required by U.S. or State of California wage determinations."

3.2 Compensation. Section 5(a) 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 the rates set forth in Exhibit "B" attached hereto for a total compensation not-to-exceed Four Hundred Eighty Thousand Dollars ($480,000) over the term of the Agreement. In no event shall the compensation for the Services provided pursuant to this Agreement exceed Ninety Thousand Dollars ($90,000) annually without written approval of the City Manager."

3.3 Rates of Compensation. The rates of compensation in Exhibit "B" of the Agreement are hereby amended as set forth in Attachment "1" to this First Amendment, attached hereto and incorporated herein.

3.4 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 A-1
55414.00000\40188084.I
Attachment: B
Click here to return to the agenda.
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.

3.5 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement stiall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this JJ_l'f\iay of .July , 2022.

CITY OF STANTON GREAT SCOTT TREE SERVICES, INC.

By:. __ -=--=-------­ Zenia Bobadilla
Interim City Manager
By:. __ ��---------­
Best Best & Krieger LLP
City Attorney
A-2
55414,00000\40188084, 1
By:,L....+.,,__�:......+-------.�'--H-.�L+-----­
Scott Griffiths
Secretary
ATTACHMENT "1"

TO FIRST AMENDMENT TO

AGREEMENT FOR TREE MAINTENANCE, PLANTING, AND REMOVAL SERVICES EXHIBIT "B"

RATES OF COMPENSATION
Compensation shall be paid for the actual number of trees pruned and extra work performed at the unit prices listed in the tables below plus twenty percent (20%).

Item No.
1 ll'Q..lJ:

IA
JB
__ JC
ID
1E
lF
10 1H
B-3
55414.00000\40188084. l
Descriptiloa Quantity UnU:s U11it Price Total
e: 28.5" DBH & u 10 EA

16.5'� to 28" DBH 100 EA
I .5 .. to 16" DBI-I 220 EA
Medium: 4.5" to 8" DBH 350 EA
Small: 2.S " to 4" DB 100 EA
X Small: 2" DBH or less 5 EA
Queen�Mexfoan Fan-WindmHJ-KingOtller 500 EA

8.5 ft. clear wood & u S29,00 $14500,0Q.

Queen-Mexican Fan-Windmill-King ..

Other 100 EA
8ft. clear wood &b down 25.00 500.00
GRANO TOTAL PRICE - FULL TRIM SECTION Q.NkY $ 68,765.00 �--- -2C Lar£m: 8.s'' to Hi" D.BH 1
i
l EA 39.00 39.00
4C
Quccn-Mcxkan Fa11-Wiudntill-K.in�
Oilier EA

8.S ft. c!enr wood & HP
·-----l-------lf--.!!2
::f
9·
a
5 1---------l--'-:....;:.;.'-'::'-�.,---"--'--'::-""-"�--c:-,, ...... �""F'-- :<e.M""'----t..i.:'N-ii�l'I(� __ Qwen.•Mexican Fan-Windmill-King•
Other EA
.-..,.-----,,-�S""f'""\.--"1:.;;:..:k..;;;;ar'-w'--'-· o.c..coc.:.d:....:&:..:;...;.;;d.;;;..ow"""11"'"-________ ,_ _.,__ __ __. __ 4,;::;.;5�00. __ __._....:'1:::cS,:.::.Ol"-l --·- ·; ........16
DAYllATE
_.'vtlwt;llmieoua, trl.."O��!�l� U,B!! •• L�-r·· r hA YS-�ao 6MULCII
._§A, ... · ;..__,_-_i;-- --'-f'Q"-'V-'-'k'-'-le--'4-'-0'_:_ci:....:�.;;.;jc;J'i'C.CC:arc..cdccc..a·=·m=ul=cll-· ---..._L __ l_�I Me-. . .;;;.OC'-N-"-T"-'n_.l __ -_o_-_-: ...... I _N_o _Pee_;· --- ANCil,LAll.Y PlUCING LIST � Gia Scott Tree Stuvk.1:l, Inc. bM iclenlifi.ed utldi tic.mal
s:crvict.-:. fowd in City Tree Malnte1umoo Contracts and has provided them be.tow for tbe City of Bbmton's considemtkm. Adopt
ion of the oorvit.>.(ls li1:1led bulm.\1 shall be !It die City of SmntQll'8 cumpkte discretion.
· Ua:11t.floflon
�ervke Request Pnmr.
...... ...., ______ ,_ ��'!L.

Crew Rental
·--
.. '
Unit
Man Hour
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10DFt+ Aerial Lift Rental
, ___ ............... --..,,i,;
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..!:fil!!!.�Cf Sldm1lng
B�4
55414.00000\40188084. l
Man Hour
l\llan Hour
ManHou.r
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Man Hour
Foot
Cost
$8'5.00
-···-· ....J.5,00 ,........r.,
---·-�- ----
$85.00
s120.no
$150.o,Q_
$Ul0.00
$120.00 --· -··--·-··-·--$150.00
$i5.00
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,
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. )
_ .. -• ---
--··

ORIGINAL

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of March 27, 2018 between the City of Stanton, a California Municipal Corporation {"City") and Great Scott Tree Service, Inc., ("Consultant''). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. 2.

2. 3.

TERM
This Agreement shall commence on July 1, 2018 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30. 2022 unless sooner terminated pursuant to the provisions of this Agreement. At the City's sole discretion the contract may be extended for two years at the same proposed annual cost.

SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.

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 Director of Public Works 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 behatf and to execute all necessary documents that enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.
1 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 dollars ($75,000.00) annually for the total term of the Agreement unless additional payment is approved as provided in this Agreement and shall be billed in accordance with Exhibit B, Proposal.
{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 seven thousand five hundred dollars ($7,500.00). 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. 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 peliormed 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 peliormance 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 peliormance 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 peliormance. 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 peliormance 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 liability or exposure to Consultant. With respect to computer files, 3 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, including but not limited 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
(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 4 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. (e) Prevailing Wages. Contractor 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 principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
(e) Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771.1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations {"DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 5 10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.

11. INDEPENDENT CONSULTANT
(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 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.

12. 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.

13. UNDUEINFLUENCE
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 6 breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. 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.

15. 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 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 "voluntary" 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.

16. 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 7 party as set forth below or at any other address as that party may later designate by notice:

To City:

To Consultant:

17. ASSIGNMENT
City of Stanton
7800 Katella Ave
Stanton, California 90680
Attention: City Clerk
Great Scott Tree Service, Inc.
10761 Court Avenue
Stanton, CA 90680
The Consultant shall not assign the performance of this Agreement nor any monies due hereunder, without prior written consent of the City.

Because of the personal nature of the services to be rendered pursuant to this Agreement, only Great Scott Tree Service, Inc. 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.
8 21. CONTENTS OF PROPOSAL

ORIGINAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit "B" 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.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY O,F-. ANTON
( '--. By: --
James A. B9
City Manag¢r
\\
Approved As To Form:
.J.tl/;;• {L..,e.

Matthew E. Richardson, City Attorney
9 Scott Griffiths
(Typed Name}
Its: President

EXHIBIT A

TASKS TO BE PERFORMED
Provide Tree Maintenance services as described in the Request for Proposal dated February 12, 2018.
10 See attached proposal.

EXHIBIT B

FEE PROPOSAL
11 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an AM. 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 2010 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, shal l 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 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 13 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.

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 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.

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. 15 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.
16 Prepared For: City of Stanton
Citywide Tree Maintenance Services
February 26, 2018
1 COVER LETTER •....... o••·········• .. e ......................................................................................................... 1 2 FIRM & PERSONNEL EXPERIENCE ..................................................................................................... 2 3 STAFF QUALIFICAITONStl ............................... 11 ......................................................................................... 6 4 TECHNICAL ABILITY & EXPERIENCE ........... 11, ..... " ......................................................................... 8 5 IMPLEMENTATION PLAN ................ 111 ............ D .......... 111 ................................ 111••········ ............................ 11 6 QUALITY CONTROL PLAN ••••••••Gaaoo•11••• .. ••ci•••••••• .. ••• .. •••••••••n-•••••••• .. ••••••• .. ••o••• .. •••• .. •••11•••• .. • .. ••••• .. •• .. •••19 7 FINANCIAL RESPONS][BILITY .................... PROVIDED UNDER SEPARATE COVER 8 PROPOSAL DEPOSIT ..................................... PROVIDED UNDER SEPARATE COVER EXHIBIT F .................................. e ............. a ....................................... ,. ...................................................... 21 EXfIIBIT G ................... e••·········· ...... ll ............................................................... lll .................................................. .24 EXHIBIT H ··••cr••········· .. ····••o••·· ....... a ................... 111.••···· ...................................................................................... .26 EXHIBIT· I .•• a .................. s .. ••••111••· .. •• .. •••••••• ............... o ............................................................................. 111cr••· .......... 21 EXHIBIT J ••• .. ••••••••••••••••••• .. ••••••••••• .. ••••••• .. •••••• .. •••••••••••••• .. a••••••••••••••11 .. ••• .. •••• .. •• .. ••••• .. ••• .. ••••••••111o••••••lll••-■• .. •11••29 EXI-IIB]["f K •11••• .. •••••••••••e••••••••••••••••• .. •••a• .. ••• .. ••••• .. •• .. ••••• .. •••••11•••• ....... 1111n••••cr•• .... ••••• .. •••111•••••• .... •• .... ••••• .. ••••••••• .. ••••••32 EXHBIT L ••11••·····••111•••0••••i:i•• .. ·••e••···••o••· .. ··••11 ..... 11 ......................................................................................... 33 City of Stanton
Attn: Allan Rigg
7800 Katella Avenue
Stanton, CA 90680
RE: RFP for Citywide Tree Mainntenance Services
Dear Mr. Rigg
On behalf of the entire Great Scott Tree Service Team, I'd like to personally thank you for the opportunity to submit a proposal for Tree Services in the City of Stanton. We look forward to the opportunity of partnering with the City, and together we will continue to make this great city a beautifully landscaped and responsibly maintained home for all of its residents and businesses.

Our plan is to come alongside the City's Representative to manage the tree care needs within the City of Stanton, We will do this through enhancing the safety, aesthetics and overall health of the current urban forest. We will assimilate the City's current maintenance schedule and future needs into our operations. We will work together on a long-term planning approach, which will improve the efficiency, longevity and cost controls for the City. The focus of our team is to design and implement a seamless process for the City and its constituents. We will always deploy a team equipped with modern fleet and up to date equipment to perform the tasks requested. At the core of our operation is Great Scott Tree Service's commitment to our corporate safety policy. In addition, we continually strive to be an organization that works hard to reduce the environmental impact within the communities we service.

Great Scott Tree Service has been in business for over 40 years, and we are committed to performing all of our tree work with excellent quality at a fair price. We understand the significance of this partnership and are committed to exceeding your expectations. We believe the clientele we service and our quality of workmanship speaks for itself.

To ensure that a project as imp01iant as yours receives the highest level of attention, we have assigned Certified Arborist, Stephen Darden who will be responsible for providing project management throughout the life of the contract. Should you have any questions or require any additional information please do not hesitate to contact me at (714) 826-1750.

Sincerely,
�t:�
President
Great Scott Tree Service, Inc.
10761 Court Avenue, Stanton, CA 90680
Telephone: 714-826-1750

OUR VISION
"The Great Scott Tree Service vision is caring for trees that enhance the beautiful landscapes of Southern California communities for today and future generations. "

ABOUT US
Great Scott Tree Service was started in 1976 with a pickup truck, a chain saw and a mission to provide high quality tree maintenance at a competitive cost. Over the years we have developed into a key member of the Southern California tree maintenance industry. Our business is focused on Municipalities and Commerc�al accounts in the Orange County area. We provide our customers with on-line computerized inventory with mapping; multi-year maintenance plans; scheduled tree maintenance; tree removal and planting; and full electronic tracking from Proposal thru Invoicing. We stand on our reputation for excellent customer service and high quality tree care in the tree service industry.

Our Corporate offices are located at 10761 Court Ave, Stanton, CA since 1987. We cunently employ over 100 qualified professionals including Arborists and Tree Workers certified by the International Society of Arborists (ISA). They are fully trained and knowledgeable of the latest pruning standards and techniques. We have over 125 pieces of state of the art equipment located at our yard in Stanton and also a co-located green-waste recycling facility.

Great Scott Tree Service Inc. is operating at a current run rate of 12M+ per year and is seeing a consistent year over year growth rate of over 20% for the last 4 years. We currently have an operating line of credit of$ 750K and an approved available additional Equipment financing of $1.5M+. Reviewed Confidential Financial Statements have been provided under separate cover.

DEDICATED STAFF
Upon awarding of contract, Great Scott Tree
Services Inc. will assign Stephen Darden to be
your Project Manager to this contract. Jeff Melin
will be your Associate Project Manager and
Daniel Rueles will be your full-time Project
Supervisor. These individuals have a long history
in the municipal tree maintenance field and are
ISA certified arborists. They will solely oversee
the crews working within the City. Along with the
supervision of crews, they will cooperatively work
with the City on all ongoing work, scheduling of
future work, work requests, emergencies, and
attend meetings with City officials when
requested. It is imperative that our customers are
able to contact a Great Scott Tree Service, Inc.
employee at any time. The Project Supervisor is in
the field continuously supporting his Crew
Leaders and will be attending, in addition to the
Project Manager, scheduled meetings with City
officials. No Subcontracors will be used in the
performance of this contract.
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KEY PERSONNEL
Scott P. Griffiths,
President I Founder
Stephen Darden
Director of Operations
Jeff Melin,
Municipal Arborist
Daniel Rueles,
Project Supervisor
Professional Registration
ISA, Certified Arborist #WE-0901AM
ISA, Certified Munici.pall Arborist
Mr. Griffiths founded Great Scott Tree Service, Inc. in 1976. As President, Scott oversees the complete operation of the company. He is a Certified Arborist and long-standing member of the International Society of Arboriculture. Over the past 40 years, Scott has developed a successful company on the foundation of customer satisfaction, safe operations, and quality tree care.

Professional Registration
ISA, Certified Arborist #WE-7654A
Qualified[ Tree Risk Assessor .

Stephen Darden has worked in the green industry 25 years after receiving his degree in Ornamental Horticulture. He has managed both arbor and landscape operations for commercial and municipal entities. His drive to build relationships while providing quality work has produced many successful arbor maintenance programs. This experience and comprehensive approach to tree care provides clients assurance their assets and public are protected.

Professional Registration
ISA, Certified Arborist #WE-5281AM
ISA, Certified Municipal Arborist
Qualified Tree rusk Assessor
Jeff Melin has been in the tree servicing industry in excess of twenty years and has been a certified arborist for fifteen years. Jeff has worked with over fifty GPS based, city-wide tree inventory contracts across the USA. This experience paired witl1 his breadth of knowledge allows him to understand the tree care in both municipal and commercial sectors.
lProlfessionaR R.egllstrad.0111.

ISA, Certified Arbornst #WE-10588A
Daniel Rue/es has been with Great Scott Tree Service, Inc. since 2005. As the Projects Supervisor, it is his role to oversee all of the crews in the field and to ensure work is being completed to standards in a safe and efficient manner. As a certified tree arborist, Daniel fully understands the requirements that are needed to ensure the health of trees.

KEY PERSONNEL (Cont.)
Jaime Meza,
Director of Safety
Patrick Fringer,
Utilities Specialist
Professional Registration
ISA, Certified Arbon.st #WE-10529A
ISA, Certified Tree Worker #2190C
Jaime Meza has been with Great Scott Tree Service, Inc. for thirteen years starting off as the Operations Manager and working his way to become the Safety Director. Jaime is responsible for the training of safe practices for all GSTS employees to ensure their health and safety. He also oversees the continued education for all of our ISA Certified Staff. · e i • n
Jeanie Ronlson,
ISA, Certified Arll>orist #WE-0895AU
ISA, Certified Utility Specialist
Patrick Fringer has over 20 years experience in the tree service industry, and is an ISA Certified Arborist. Additionally he is a Certified Utility Specialist and has done extensive work as an Urban Forester.

Director of Internal Operations
Victoria Farias,
Jeanie Routson is our Director of Internal Operations. Her responsibilities include, but are not limited to ensure that process and communication flow from customers to GSTS remain open and efficient and to ensure work is getting processed in a timely manner. She has been with GSTS for seven years and her friendly, attentive, and timely manner make her a great asset to both us, and the clients that she serves.

Municipal Production Supervisor
Victoria Farias has been with Great Scott Tree Service, Inc. for four years. She is responsible for coordinating all work scheduled within our municipal division. She and her team are responsible to field all service calls and will be the internal point of contact for City of Stanton Staff. She will ensure that the communication between City Staff and Great Scott Tree Service will be second to none.

EMPLOYEE
Stephen Darden
Jeff Melin
Victoria Farias
Francisco Aguilar
Jesus Escobedo
.PROJECT ORGANIZATION CHART
'. POSITION
Project Manager
Associate Project Manager
Project
Manager
(Certified,
Arborist)
Customer Service Representative
Crew Leader #1
Crew Leader #2

ESTIMATED HOURS/WEEK
3-6 Hours
6-12 Hours
4-8 Hours
Flex: Up 40 Hours (As Needed)
Flex: Up 40 Hours (As Needed)
EMPLOYEE CERTIFICATION - Great Scott Tree Service, Inc. goes one step beyond just hiring qualified employees, it also works with employees to obtain arborist certification, tree worker certification, as well as wildlife certifications. The breadth of knowledge within our staff is important as in the event of absence or illness another qualified and certified employee would be able to fill in seamlessly. A list of certified employees is listed below.

CERTIFIED ARBORISTS - The International Society of Arboriculture (ISA) through research, technology, and education, promote the professional practice of arboriculture and fosters a greater worldwide awareness of the benefits of trees. The ISA offers a rigorous program which our certified arborists have partaken in. It is vital to the health and wellness of urban forests to ensure that a certified arborist oversee The City of Stanton Contract.

Our arborists are required to accumulate a minimum of ten Continuing Education Units per year, which most of our arborist exceed. Below is a current list of our Certified Arborist's.

Aguilar, Francisco ..

Andrade, Salvador
Arvizu, Enrique
Darden, Stephen
Fringer, Patrick
Gi:iffiths, Scott
Gutierrez. Raudel ·
WE-l0583A
WE-l0747A
WE-l0530A
WE-7654A
WE-0&65AU
WE-0901AM
WE-1058A
Keil, Parker
Melin, Jeff
Meza, Jaime
Ozuna, Isaac
Ruelas, Daniel
Tran, Ba
WE-l0642A
WE-528lAM
WE-10529A
WE-9ll9A
WE-10688A
WE-6543A
• AM denotes Cerlified Municipal Specialist
* AU denotes Certified Ulilily Specialist
CERTIFJlED TREE WORKERS - The ISA also provides certification for tree workers to ensure strict standards and guidelines are set in place to ensure health and productive growth in trees across the country. Great Scott Tree Service, Inc. strictly trains and assigns certified tree workers to do all tree cutting for all our customers to ensure work is done to the highest standards. All of our Certified Tree Workers are required to have a minimum of six Continuous Education Units in order to educate themselves on any new requirements or changes. Below is the list of our Certified Tree Workers:

Aguilar, Francisco 2236C Ortiz, Fabian
Andrade, Salvador 2237C Ortiz, Jose L.

Arvizu, Enrique 2103C Ozuna, Isaac
Escobedo, Jesus 859C Padilla, Juan
Gonzalez, Ruben 2403C Pavia, Fernando
Gutierrez, Servando 2262C Pavia, Gorge
Lopez, Paulino 2265C Renderos, Edwin
Meza, Jaime 2190C Reulas, Daniel
Mota, Juan 2404C Vergara, Pablo
Ortiz, Al'<jandro 2 l 53C
2154C
2043C
WE-9119T
2296C
2345C
l768C
2355C
l6lOC
WE-&279T
TLC WILDLIFE A WARE CERTIFIED - TLC Wildlife Aware is a CA Department of Fish and Wildlife recognized program for tree care professionals that teaches the laws and regulations surrounding the wildlife living in trees. Great Scott Tree Service, Inc. understands the importance of the wildlife within the urban forest and will always provide the City of Stanton with certified crews. Below is a list of employees who are TLC Wildlife Certified:

Aguilar, Francisco
Aranda, Daniel
Arvizu, Enrique
Escobedo, Jesus
Gutierrez, Raudel
Gutien•ez. Servando
Meza, Jaime
Ortiz. Jose Luis
Ozuna, Isaac
Padilla, Juan
Pavia, Jorge
Ramirez, Jesus
Ruelas, Daniel
Villalobos, Javier

CA CONSUL TING ARBORISTS
Applegate, Greg #365

QUALIFIED TREE RISK ASSESSOR
Darden, Stephen
Griffiths, Scott
Keil, Parker
Melin, Jeff

CONTRACTORS LICENSE
State of Certification: California
License Number: 556832
Entity: Corporation
Business Name: Great Scott Tree Service
Classifications: C61/D49 B C27
Expiration Date: 02/28/17

REGISTERED PUBLIC WORKS

CONTRACTOR
DIR Registration Number: 1000004820
Expiration Date: June 30, 2017

CA PEST CONTROL ADVISOR
RPW AA02023
Kevin Holman QL 30247

CA PEST CONTROL APPLICATOR
Parker Keil #139423

BOARD CERTIFIED MASTER ARBORIST
Kerry Norman WE-3643B
�{;;:;..�CONTRACTORS State Of California
_STAl'E LICENSE BOARD a c . ..,,11.....,. ACTIVE LICENSE - · .,a.,...
,._,.,.., .. , 556832 e- CORP
_,_ GREAT SCOTT TREE SERVICE INC
,Jim,� ... .._ •• C61/049 8 C27
�..,..,_ 02/28/2017 www.cslb.oa.gov ls
TECHNITION PROVIDING TECHNICAL SUPPORT Myle Pham will be your main contact for technical support for our inventory software. Her depth of knowledge of our web application, TrimlT, and tree inventory systems is a valuable part of our team. Myle enjoys working directly with our customers to enhance their experience of our software by ensuring they understand the many technology benefits that we offer.

INTRODUCTION
Over the past 15 years we have placed
focus on the expansion of our municipal
division and are successfully continuing to
do so. The Company currently employs
more than 100 qualified professionals
including ISA certified arborists and tree
workers. We are fully bonded and licensed
tmder the State of California and we are a
Registered Public Works Contractor,
registered with the Department of Industrial
Relations (DIR). The Company's services
include tree maintenance and management
services including but not limited to complete tree trimming, safety trimming, tree removals, planting, watering, emergency response and GPS Inventory services. The Company's flagship online inventory program - TrimIT, provides the tree manager with tools to view past work history, track current budget and scheduling plans, and project future maintenance costs. Below is a sample listing of some of our larger contracts we have performed:

MUNICIPALITIES
• City of Carmel Valley
• City of Carson
• City of Chula Vista
• City of Compton
• City of Cypress
• City of El Monte
• City of El Segundo
• City of Hawthorne
• City of Irvine
• City of Lake Forest
• City of Lal<e Arrowhead
• City of Long Beach
• City of Newport Beach

EDUCATION
• Bellflower USD
• CSU Long Beach
• Golden West College
• Long Beach USD
• Mount Saint Mary's
College
• Paramount USD
• UCI
. use
• City of Rosemead
• City of San Diego
• City of Seal Beach
• City of Stanton
• City of Westminster
• City of West Hollywood
• County of Orange
• County of San Diego
• City of San Diego
Metropolitan Water
Division
• Caltrans
• Golden State Water District

COMMERCIAL
• Arden
• BRE Properties
• CBRE
" Irvine Company Retail
• Kaiser Permanente
• MeritPM
• OptimumPM
• PCM
• Irvine Ranch Water District
• LA Metropolitan Transport
Authority (MTA)
• OC Water District
• OC Transportation
Authority
• Laguna Heights Recycled
Water Reservoir
• Moulton Niguel Water
District
• Los Angeles Convention
Center

PRIVATE
• Crystal Cathedral
• District at Tustin
• Irvine Spectrum • Pelican Hill Golf & Resort
• Shady Canyon Golf Course
• Newport Crest HOA
• Santa Lucia HOA
• Ziani HOA

CLIENT REFERENCES

DATE VALUATION CLIENT/ PROJECT DESCRIPTION CONTACT
2013 - Present Annual Contract City of Irvine Casey Gnadt, $2,055,245.00 • Annual services for maintenance, removal and Landscape replacement of trees as needed, as well as Supervisor
100%GSTS maintain GPS inventory of the ~57,500 trees 949-724-7621 Labor Force within the City's urban forest.
2015 - Present Annual Contract City of Lake Forest Oscar Garcia, $259,995.00 • Annual services for maintenance of trees within Urban Forester facilities, medians, roadsides, parks, parkways, 949-461-3576 and trail areas in various locations throughout
100%GSTS the City. Maintain and update the Cities GPS
Labor Force inventory of ~13,525 trees within the City. 2015 - Present Annual Contract City of Long Beach Jeffery King, $885,500.00 • Annual services for maintenance, removal, and Contract Monitor replacement of trees within Parks (163 Sites), 562-570-1592 Beach Areas (7 Sites), Marinas (9 Sites), and MTA
Right-of-Way (Various Sites). Maintain and
100%GSTS update the Cities GPS inventory of ~3s,ooo trees Labor Force within the City Parks.
2013 - Present Annual Contract City of Newport Beach Dan Sereno, $1,300,000.00 • Annual services for maintenance, removal and Landscape replacement of trees as needed, as well as Manager
100%GSTS maintain GPS inventory of the estimated 35,000 949-644-3069 Labor Force trees within the City's urban forest.
2009 - Present Annual Contract City of Seal Beach Tim Kelsey, $132,680.00 • Provide services for the annual maintenance of Recreation 6,500 Trees, Palms, and anticipated removal of Manager
100%GSTS within the City's Urban Forest 562-493-8660
Labor Force
2003 - 2009 Annual Contract County of Orange Tammy Bragg, $750,000 • Provide services for trimming of 6,070 Trees, 520 Public Works Palms, and Removal of 335 trees at Various Maintenance
county owned properties. Work consists of Supervisor
trimming street trees for vehicle and pedestrian 714-955-0234 clearance, aesthetic tree trimming, trimming of
100%GSTS large trees, palm tree trimming, tree removal, labor Force and flood control channel right-of-way trimming. 2007- Present Annual Contract The Irvine Company Anthony Terusa $330,000 • Consists of the Aesthetic Pruning, rarsing, Landscape removing, planting, skinning/ pineappling, Director
100%GSTS sounding, and treatment of the ~11, 750 trees 949-720-2713 Labor Force maintained within Retail Property Portfolio. 2004- Current Annual Contract University of Southern California Eric Johnson, $400,000 ° Campus Wide Tree Trimming: Provide all labor, Facilities materials and equipment for the pruning, Management
planting, raising, and removal of the Director
100%GSTS approximated 9,058 Broadleafs, 699 Pines, and 213-740-9141 Labor Force 789 Palms throughout campus

OVERVIEW OF INVENTORY PROGRAM
Over the past ten years Great Scott Tree Service, Inc. has been developing and maintaining a web based tree inventory program to assist you in the efficient management of your trees. The program utilizes a GIS (Geographic Information System) component that provides the user with a visual representation of the trees in the field. The program was developed by an ISA Certified Arborist with over ten years experience in the tree inventory industry.

ONLINE ACCESS
Welcome Allan
" View your Job Calendar
• Create Work Requests
Cafamdar
lhrila
• Track upcoming Work Orders
• Review Invoicing

INTERACTIVE JOB CALENDAR
Trimlt's offers 24 hour online
access to your tree inventory
database. Its intuitive design
will make the user will feel right
at home with its web-based
interface. The database allows
the user to query the data on a
variety of fields and conditions
that is designed for the tree
professional not the computer
programmer. The following
functions will allow the user to:
• Browse Tree Inventory
• Add Media & Notes
Time management is paramount in any professional operation and it is a resource that we rely on the successfully manage each of our contracts. Our interactive calendar provides up-to-date project schedules for all recommended maintenance cycles. ln addition, each calendar item is a live hot link that can instantly navigate you up from a GPS map of all trees being trimmed by scheduled grid, or down to a single inventory detail of any tree being trimmed.

WORK REQUESTS
TrimIT will optimize the time spent on tree management.

A11 trees are inventoried including the species, dbh, height, condition and maintenance costs. An area on the map can highlighted and the maintenance cost can automatically be calculated. You can then create a work request by viewing a map and highlighting the desired trees, TrimIT will print a work list and a map of the locations for an outside contractor or in-house crew.

WORKOJRDJERS
After a request has been submitted it will automatically be added a list of Work Orders which can be dynamically
viewed at both micro and macro levels of detail.
. 4115'1f • 8/29/14

INVOICING/ WORK HISTORY
TrimIT dynamically creates, stores & tracks invoices, proposals, contact information & invent01y of all the properties that Great Scott services. In addition to accounting; Quickbooks, a line of business accounting software is used to manage the customer's balances. The most difficult task for the person responsible for tree care is maintaining accurate work history records. TrimIT will give you the ability to maintain work history on each individual tree. The work history includes, the date work was performed, the type of work and the total cost. The true challenge in tree management is locating trees in an open space environment. Trees in a golf course, park, apartment complex, school ground, etc. are difficult to identify using a standard tabular database program. By applying the mapping component to the database the functionality increases exponentially.

TREE ffiVIEN'I'ORY
l nventory Detail
TrimIT is compatible with all
known inventory databases and has
the ability to provide accurate fieldverified inventory updates for all trees serviced. The tree inventory
data shall conform to the existing
tree inventory database and include
but not be limited to the following
data fields: Tree Species, Location,
Trunk Size (dbh), Height, Canopy
Spread, Recommended Maintenance
Cycles, Work History, Condition, , .•
Removal Priority, Presence of
Utilities, and Maintenance Cost.

GPSMAPPING
Time is the most valuable resource for any professional. TrimIT will optimize the time spent on tree management. Our mapping feature will eliminate the need for site visits. Each and every tree is assigned a unique serialized identification code with is goe-referenced using latitudinal and longitudinal data which provides a digital mapping network with pinpoint accuracy. We have dynamically incorporated this information onto our interactive area map which can be viewed in a multitude of different ways.

GIS CAP ABILITIES
While TrimIT will provide the standard user all the necessary mapping capabilities, some end users might require additional GIS functionality. In this case the customer will be provided with an ESRI shape file which is the industry standard for GIS data.

TRAINING
At your request we are happy to provide your staff with complementary live training studios which can be hosted at our corporate office in Stanton, CA or at an on-site location for your convenience. We can also provide you with our detailed user guide which offers step-by-step instruction on utilizing all the services that our online inventory system has to offer.

CONTACT
For more .information regarding TrimIT please contact our IT specialist, Myle Pham. Myle can be reached at (714) 826-1750 Ext: 327.

INTRODUCTION - Great Scott Tree Service, Inc. is a full-service operation equipped and qualified to provide you with the best solutions for all of your tree maintenance needs. GSTS will deliver a level of quality that meets or exceeds the International Society of Arboriculture (ISA) standards. We are dedicated to providing tree services that results in a neat, clean and attractive appearance to trees and associated sites serviced. Below is an overview of the most common tree maintenance services that we can provide.

TREE PRUNING is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood weight. A Full Prune typically consists of one or more of the following pruning treatments:
• Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and lowvigor branches and water sprouts from the entirety of the tree crown. • Crown Reduction is used to reduce the height and/or spread of a tree. Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay.
• Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. This treatment is best performed by tree workers who have a good understanding of the effects of pruning for the cultivation of tree canopies. • Crown Thinning includes crown cleaning and the selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind-sail effect of the crown and the weight of heavy limbs.

SERVICE REQUEST PRUNING - At the discretion of City Staff, service requests can be submitted directly through our web vendor portal or through your dedicated supervisor. City Representatives will have the option, at their convenience, to schedule a vendor portal training seminar where they will learn how to create and track service requests, view upcoming and ongoing jobs, and track overall work history in both GIS map form as well as printable invoice / work history form. Once a request has been submitted City Staffwi11 receive itemized service proposals for review and approval.

Regardless of the preferred submittal methods our firm can and will mobilize I deploy crews in any timeline that best fits the City Representative's expectations and needs. It is our intention to work directly with City Staff in providing a level of flexibility to allow for all ranges of response time including, planned project schedules, non-emergency, and emergency requests.

TREE PLANTING - Great Scott Tree Service along with Elite Nursery will coordinate any planting needs. Elite Nursery is a subsidiary of Great Scott Tree Service and has a 3-acre parcel of land in the City of Stanton that is used for growing grounds. Elite nursery is fully functional and can grow specialty trees, as well as, purchase other types of trees depending on availability and size. Prior to planting GSTS can assess the planting site and provide the City with a Recommended Planting Guide which will include an outline of viable replanting options and will include detailed description sheets of each species included.

Planting palettes will always be determined by our ISA Certified Arborists after a carefully consideration of the planting site area size, probability of successful establishment, cohesive aesthetics to the immediate surrounding area, and the City's general development goals. Upon approval from the City's authorized representative, GSTS will coordinate pul'chasing and planting operations. Our planting team will conduct all soil preparation, tree installation, and backfill to ISA standards, ANSI A3 00 standards, and City specifications.

TREE REMOVAL consists of the removal of the entirety of a hardwood tree or palm tree and the removal of its root system. Removals will be completed per monthly lists or individual service requests submitted by the City's authorized representative. With advanced notice GSTS will identify the location of all utilities and private property landscape irrigation components prior to the removal of a tree and its root system. GSTS will maintain control of the tree and its parts at all times; branches, limbs and trunk sections will be carefully lowered to the ground so as to avoid damage of any type caused by free-falling items. Immediately following the removal, stumps, including the root flare and surface roots shall be ground to a depth in accordance with ANSI 2133 Standards and City of Stanton Specifications.

EMERGENCY SERVICES - Great Scott Tree Service, Inc. understands the importance of a timely response in the event of emergencies within the City. Our unique customer base along with our strategic market plan allows our work crews to be centrally located in the Los Angeles County Area. This allows for prompt responses in the event of emergencies. We utilize a twenty-four (24) hour emergency hotline which is routed to our area manager and crew leaders who will immediately respond during normal business hours of operation, after-hours, weekends and holidays. Great Scott Tree Service, Inc. has a superb record in regards to the prompt response to emergency call outs. We have auxiliary staff that can respond to tree related emergency situations ranging from limbs down on a single tree to large scale storm related damage requiring the commitment of significant resources and staffing levels for several days. Response time for emergency and after-hours tree service requests will never be greater than one (1) hour. Our response team will never leave until a site has been safely cleared of all tree related hazards.

GREEN WASTE RECYCLING - Great Scott Tree Service Inc. 's dedication to being a responsible corporate citizen is demonstrated in its Green Waste Recycling Program. We realize the importance of investing in our future and protecting our resources. Unless specified otherwise, we divert all of our green waste to recycling centers, instead of the traditional landfills. We have partnered with California's top rated bio-fuel power plant; Colmac Energy Inc. located in Mecca, California.

Green Waste Bio-Fuels - is investing in the future and protecting our resources by producing reliable green energy. Colmac Energy has demonstrated that biomass plants using urban wood wastes as fuel (such as those that result from, right-of-way tree trimmings, and other chipped wood wastes) can generate significant environmental benefits, including reduced air pollutants from open-air burning and lowered demand for landfill space. "Time has proven that the low emissions of the plant, and the collection of citrus and vineyard pruning's and removals that would otherwise be open-burned, has essentially eliminated open-burning and the associated air pollution" Mulch - is a layer of material applied to the surface of an area of soil. Its purpose is to conserve moisture, improve the fertility and health of the soil, reduce weed growth, and to enhance the visual appeal of the area. GSTS processes a large amount of its tree debris as mulch for use in mulching projects and we offer to provide your organization with mulch, at no cost for the duration of the tree maintenance agreement.

SAMPLE RECEIPT
Green Waste Report - USC - Contract (4/2016)
Date
4/2/2016
4/8/2016
4/9/2016
4/13/2016
4/30/2016
·' Desi::rlptio . n..

Broad leaf
Palm
Broadleaf
Broadleaf
Broad leaf
·• F:acilltv
Main Campus
Main Campus
Gardinal Garden Apartments
Associates Park
Off Campus
Tonnage,_

6.69 1.5

4.5 1.31

5.63 INTRODUCTION - GSTS owns a modem fleet of over 125 pieces of state of the art equipment located at our yard in Stanton and also a co-located green-waste recycling facility. Great Scott Tree Service, Inc. owns all equipment that will be used for your project. All applicable equipment used is OSHA certified and will be subject to the inspection of the City of Stanton and shall meet safety and functional requirements described herein. 812 2002 GMC
B13 2004 GMC
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B16 2004 GMC
B17 2001 FORD
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B21 2007 GMC
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823 2013 FRTLN
B24 2013 FRTLN
B25 2013 FRTLN
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B28 2013 FRTLN
B29 2015 FRTLN
B30 2011 FRTLN
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1500 SE641245
1500 SE641244
1500 SE641480
1500 SE641256
1500 SE642833
1800 SE642895
1800 SE643007
1500 SE646237
1500 SE646236
1500 SE646238
fi.N�.�::r;:/:•:jJ0};':'iil,:it::fH.Mil<ef��:;fp;,):�.MPd4tf.,�;·r,•{L!lfm··#•';'L'..:'L{!2;':·:c::.•·:t:·•\'�:'.;;'::'',�\:j,i;\';:'.'.[,F:.\�t .. t:;;;i.(iDt.rjai�.tifllltu,tiffilit!il

ROLLOFFS
R5
R7
BIN1
BIN2
1996 VOLV Roll-Off
2013 INTER Roll-Off
2013 CONSOL BIN 6'
2015 CONSOL BIN 4'
BL05021
7FB972B
NA
NA
BIN3 2015 CONSOL BIN 4' NA
BIN4 2015 CONSOL BIN 4' NA
BIN5 2015 CONSOL BIN 4' NA

STUMP GRINDERS
G06
G07
GOB
G09
G10

TRACTORS
2006 VER
2012 VER
2013 VER
2014 VER
2014 VER
SC352
SC352
SCB02
SC372
SC372
NA
NA
NA
NA
NA
TRAC 8 2003 CAT 92BG
928G
928G
NA
NA
NA
TRAC 9 2003 CAT
TRAC 11 2003 CAT
TRAC 12 2005 TOY 7FGCU25 NA
TRAC 13 2014 CASE 21E NA

WATER TRUCK
W01 1985 FORD 700 SE53748

GATOR TRUCK
G2 2012 JOHN DR

JOHN DR

JOHN DR
GATOR
GATOR
GATOR
NA
NA
NA
G3 2014
G4 2014

TRAILERS
TR2
TR5
TR7
TR8
TR9
TR10
TR11
TR12
TR13
TR14
TR15
TR16
1965 BLK CAR TRAILER 4BC8890
2000 BIG TEX TRAILER 41d9580
2002 CARS TRAILER 4DL3699
2003 FLTBED TRAILER 4JP1262
2010 BOX TRL TRAILER 4LF9263
2011 BUTLER TRAILER 4LL6089
2012 N.STAR TRAILER SE627156
2012 RONCO TRAILER 4ML1114
2014 BUTLER TRAILER 4NJ9969
2015 DVTRL TRAILER 4NT2415
2015 DV TRL TRAILER 4NT2409
2014 BUTLER TRAILER 4NL8999

ARROW BOARDS
AB6 2010 WNCO
AB7
ABB
AB9
AB10
AB11
AB12
AB13
AB14
AB15
2013 WNCO
2013 WNCO
2013 WNCO
2013 WNCO
2014 WNCO
2014 WNCO
2014 WNCO
2014 WNCO
2014 WNCO
627182
SE627179
SE627180
SE627181
SE627195
SE627194
SE627196
SE653827
SE65382B
* Ce1tified aerial boom truck with boom height capacity in excess of(90) feet.

PROJECT SCHEDULE - Great Scott Tree Service, Inc. has in place a very thorough implementation process in the event that the City of Stanton were to award us with the Tree Maintenance Services contract. Below are the phases that would occur:

PHASE 1 - CONTRACT ADMINISTRATION
• Review and execute the Tree Maintenance Agreement.
• Provide all required Certificates of Insurance and Bonds. • Acquire all Licensing and Permits required for operations. • Arrange a Pre-Operational meeting between GSTS personnel and City Staff to align expectations and processes.
• Schedule introductory meeting of key personnel from Great Scott Tree Service, Inc. and City Staff.
• Obtain Notice to Proceed Letter and Purchase Order.

PHASE 2 - OPERATIONAL PREPERATIONS
• Dedicated vehicles and equipment will be selected and made available for pre-inspection by City Staff.
• Assigned field crews will be familiarized with City specifications and standards • GSTS Inventory Specialist/ Certified Arborist will begin collecting all required GIS inventory data in the order that our crews will be working through the City. The city-wide GIS inventory will be completed and operational within the timeframe specified and will be compatible to the City's inventory software.
• Cost proposals will always be provided in advance to give City Staff visibility of progress and budget management on the front-end.

PHASE 3 - COMMENCMENT OF OPERATIONS
• Scheduling confirmations including work start date, location, scope, and crews configuration will be sent to City Staff for approval.
• Public Notices will be mailed in a timeframe and format approved by the city. • English-Speaking ISA Certified crew will arrive on site, on time, and well equipped for the work at hand.
• All precautions will be made at the Work Site to ensure positive Public Relations and Protection.
• Traffic Delineation will be staged as necessary, and will always be in compliance with the Work Area Traffic Control Handbook (Watch).
• Certified Wildlife Personnel will always perform a visual inspection of the trees for Bird Nesting, prior to commencing work.
• Crews will verify inventory attributes, record services completed, and report hazardous conditions of each tree on a Daily Basis.
• All work performed will conform to ISA, ANSI, and City Standards. • All debris will be removed from the work site each day. • City Staff will receive prior-day progress reports to track progress and coordinate visual inspections.
• Staff access to our web-based GIS Inventory program will give you a transparent overview of all areas of operation.
• Reserve Staff and Equipment will provide immediate response to tree related emergency situations twenty-four hours per day, seven days per week. • Onsite incidents, damages, or complaints will be immediately communicated to City Staff; all measures will be taken to resolve such issues in the timeliest manner possible.

PHASE 4: CONTINUED IMPROVEMENT
• GSTS will host live training studios to educate City Staff on our web-based Inventory System, "TrimIT." We will also provide you with our detailed user guide which offers step-by-step instruction for utilizing all the services that TrimIT has to offer. • Internal bi-weekly Safety Meetings and quarterly Training Seminars are provided to all field staff by our OSHA Certified ISA Safety Supervisor. Agendas include review of our Injury and Illness Prevention Program (TIPP), Cal-Osha policies, ISA, and ANSI safety requirements. • Certified Arborists and Certified Tree Workers practice continuous improvement principles earning Continuing Education Units (CEUs) to maintain their certifications. • Maintain excellent Public Relations through participation in Chamber of Commerce, local Fundraisers, educational demonstrations at Schools, and Arbor Day events. ►
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QUALITY CONTROL OVERVIEW - Great Scott Tree Service, Inc. has incorporated an extensive quality control plan that begins with safety and continues with pruning standards, certified personnel, customer service, traffic control, and working guidelines. This quality control plan will be implemented immediately to ensure the City of Stanton receives consistent quality work and exceptional service.

PROJECT COMPLIANCE - Great Scott Tree Service, Inc. will conduct all work outlined in the contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation; safely maintain stored equipment, including machines and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all person, including contractor employees, agents of clients, vendors, members of the public or others from foreseeable injury or damage to their property. If it appears that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, Great Scott Tree Service, Inc. shall refer to the City Representative for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the contract so far as may be consistent with the intent of the original scope of work.

PRUNING STANDARDS - Great Scott Tree Service, Inc. adheres to the highest quality pruning standards set forth by the International Society of Arboriculture, Society of Municipal Arborists, and the American National Standards Institute that results in a neat, clean and attractive appearance to trees and associated sites serviced under the terms of the contract. Great Scott Tree Service's Safety Manager, ensures tree care professionals abide by the most current practices and standards. Certified Arborists and Certified Tree Workers practice continuous improvement principles earning Continuing Education Units (CEUs) to maintain their certifications., Newly hired and promoted apprentice trimmers are trained under the guidance of a Certified Tree Worker.

CREW SUPERVISION - Great Scott Tree Service, Inc. will at all times have an English speaking [SA Certified crew leader at each work location. A supervisor, with the ultimate responsibility for the project, will be an ISA Certified Arborist. Each crew leader and supervisor is equipped with a cell phone for immediate contact in case of emergency.

SAFETY PROGRAM - We take pride in our continual commitment to safety. It is important for the health and welfare of our employees as well as the communities that we serve. We employ a full time Risk Manager and Field Safety Supervisor. Our industrial safety record is outstanding. On a quarterly basis we provide a training seminar for all employees at our office in Stanton, California. Our staff abides by Cal-OSHA policies, lnternational Society of Arboriculture and American National Standards Institute (ANSI Zl 33, 1) safety requirements.

While we do perform safety training on an annual and quarterly basis, that is not enough. Our crew leaders discuss safety issues on a bi-weekly basis with the management team. Furthermore, crew leaders review the National Arborist Association Tailgate Safety meeting sessions with every member of their crew.

A Copy of our Safety Manual has been provided in triplicate. Color copies have been bound separately from this proposal and provided in a separate envelope.

TRAFFIC CONTROL - Great Scott Tree Service, [nc. understands that where work is in progress, each street shall be open to local traffic at all times unless prior arrangements have been made and approved by the appropriate agency or its designated representative.

Great Scott Tree Service, Inc. will display standardized warning signage in accordance with the Work Area Traffic Control Handbook (W.A.T.C.H) and State of California Manual of Traffic Controls. In the event there are county or city specific traffic control guidelines, prior conversations with those entities will take place to ensure that these are adhered to as well. At no time shall traffic be permitted to enter, or operations allowed to carry on, within any work zone that presents a dangerous condition to pedestrian and/or vehicular traffic. The rights of the utility companies within the public right of way and their need to maintain and repair their facilities will be recognized. Great Scott Tree Service, Inc. shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Contractor from performing maintenance during a specified time frame. No additional compensation will be required for complying with these requirements. Notification will be made with the appropriate agency of any utility that is disturbed or damaged.

CLEAN UP - Upon completion of work on individual street segments that are under the contract, Contractor shall clean the work site and all grounds adjacent to the work area of all debris, excess materials and equipment. All sections of the work area shall be left in a neat and presentable condition.

Care should be taken to prevent spillage on any property over which work or hauling is done, and any such spillage or debris deposited on street due to Contractor operations shall be immediately cleaned up.

INSPECTION - The City Arborist and/or his/her authorized representative shall at all times have access to the work and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, workmanship and characters of materials used and employed in the work. Whenever the GSTS varies the period during which work is carried out, they shall give advanced notice to the City Arborist. Any inspection of work shall not relieve GSTS of any obligations to fulfill the contract as prescribed. Any and all questions regarding the performance of the work shall be directed to the City Arborist. All equipment used and all maintenance practices employed shall be subject to the inspection of the City Arborist or designated representative and shall meet safety and INSPECTION (Cont.) - functional requirements described herein. All vehicles and equipment operating under this contract shall be properly marked with company identification. All equipment must be maintained in a good state of repair. All safety guards shall be in place. No equipment shall leak oil or :fluids. No equipment shall present any potential danger to the operator, co-workers, passing motorists or pedestrians.

INCIDENTS & COMPLAINTS - Great Scott Tree Service, Inc. understands that the best way to deal with incidents and complaints is to avoid them completely. However, it is inevitable that accidents may happen. In the case of an incident, our Foreman will immediately notify the Customer Service Department, who will log it into our database and schedule the repair within 24 hours. Any complaints wilJ be handled in a similar fashion. The Customer Service Department will log it into the database and schedule a meeting between the complainant and our District Manager within 24 hours.

EXHIBITC

CITY OF STANTON

REQUEST FOR PROPOSAL FOR CITY TREE MAINTENANCE SERVICES PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRllCING
Certificatio1111 - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 8) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

Proposa� Item Price - Pricing shall be based on a unit cost for services described in Exhibit B.

Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City Project manager or designee in writing.

Bid proposal fee wm be based on Full Trim Section Grand Tota.! Price.

Hem No . Description Quantity Units Unit Price
. l FIJLL fltl'.M
lA XX Large: 28.5" DBH & up 10 EA $144.00
1B X Large: 16.5" to 28" DBH 100 EA $94.00
lC Large: 8.5" to 16" DBH 220 EA $84.00
lD Medium: 4.5" to 8" DBH 350 EA $54.00
lE Small: 2.5 "to 4" DB 100 EA $34.00
IF X Small: 2" DBI-I or less 5 EA $29.00
Queen-Mexican Fan-Windmill-KinglG Other 500 EA

8.5 ft. clear wood & up $29.00
Queen-Mexican Fan-Windmill-KinglH Other 100 EA
8ft. clear wood &b down $25.00
Total
$1440.00
$9 400.00
$18 480.00
$18 900.00
$3 4no oo
$145.00
$14,500.00
$2.500.00
GRAND TOTAL PRICE - FULL TRIM SECTION ONl Y $_6_8-'-,7_65_.o_o ____ _ Payment: Payment sha�� be made based on the 1U1nit prices quoted above. Payment wm be made monthly ira arrears for the actual nUJmber of trees pruned and extra work authorized by the Cityt
s Contract Manager. Contractors' invoices wm include a detailed accounting of ail work and the City's purchase order number. -1-"Wl - ? -
City of Stanton City Tree Maintenance RFP
■JM.tmHMm■• !. _,

Page 21 ends

Hem No. Description Quantity Units Unit Price Total
·2�l$INQ. .·· '
...
' ' ,.· '
', '
'
2A XX Large: 28.5" DBH & up
2B X Large: 16.5" to 28" DBH
2C Large: 8.5" to 16" DBH
2D Medium: 4.5 to 8" DBH
2E Small: 2.5" to 4" DBH
2F X Small: 2" DBH or Less
3 FVLL TRICE R'.EM:OVAL ..
3A XX Large: 28.5" DBH & up
3B X Large: 16.5'' to 28" DBH
3C Large: 8.5" to 16" DBH
3D Medium: 4.5''to 8" DBH
3E Small: 2.5"to 4" DBH
3F X Small: 2" DBH or less
· 4 PALM BMOVAL
,,
4A Phoenix canarensis 8.5 clear wood &
up
4B Phoenix canarensis 8 ft. clear wood &
down
Queen-Mexican Fan-Windmill-King4C Other

8.5 ft. clear wood & up
Queen-Mexican Fan-Windmill-King4D Other
8 ft. clear wood & down

5.DAYRATE
5A Miscellaneous tree work/clean ups
6MULCH
6A Provide 40 cubic yards mulch
Cooperative Purchasing
'
,·
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
'
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 DAYS

I MONTH
., '

59.00 49.00
'

39.00 29.00

19.00 9.00
495.00
495.00
395.00
395.00
195.00

45.00 95.00

55.00 295.00

45.00 765.00
0 ,•; •,' ·"; .'·
'
' ,'. ''

59.00 49.00

39.00 29.00

19.00 9.00
495.00
495.00
395.00
395.00
195.00

45.00 95.00

55.00 295.00

45.00 765.00
No Fee
It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of STANTON shall incur no financial responsibility in connection with any purchase by other public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor.

Labor Classification
,� ii£ L JUI I Ill
City of Stanton City Tree Maintenance RFP
}Iii 117 I ■ IJIRN JI

Page 22 ends
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