Agenda — Stanton City Council, May 28, 2024 (part 1 of 2)

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 May 28, 2024, commencing at 5:30 p.m. at 7800 Katella Avenue, Stanton, CA 90680.

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

Dated: May 23, 2024
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: (849 7237 8347) 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/84972378347?pwd=N2w4Rk94K2g4SkZqWm5Hc3ZWRU4zZz09

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 May 28, 2024

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AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

SPECIAL & JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, MAY 28, 2024
SPECIAL CLOSED SESSION - 5:30 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.

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: (849 7237 8347) 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/84972378347?pwd=N2w4Rk94K2g4SkZqWm5Hc3ZWRU4zZz09

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 May 28, 2024

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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 (5:30 PM)

2. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Van
Mayor Pro Tem / Vice Chairperson Warren
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
4B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Negotiators: Mayor
Unrepresented employee: City Manager

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 Van
Mayor Pro Tem / Vice Chairperson Warren
Mayor / Chairman Shawver
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7. PLEDGE OF ALLEGIANCE

8. SPECIAL PRESENTATIONS AND AWARDS
A. Presentation of certificate of recognition to Orange County Sheriff’s Department, Deputy Kamran Young, one of Orange County’s Top Vehicle Theft Recovery Officers of the Year for 2023.

B. Special presentation of awards to honor and recognize Stanton’s Women of Distinction 2024.

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.
9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated April 19, 2024 – May 2, 2024, in the amount of $575,079.84.
9C. APPROVAL OF MINUTES

1. City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – May 14, 2024; and

2. City Council/Housing Authority approve Minutes of Special Joint Meeting – May 21, 2024.

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9D. APPROVE SUBMITTAL OF THE RENEWED MEASURE M ELIGIBILITY PACKAGE

AND ITS COMPONENTS
The Orange County Transportation Authority (OCTA) requires that local jurisdictions comply with a variety of requirements to remain eligible to receive renewed Measure M2 funding. The proposed action will approve the submittal of items to keep the City eligible to receive annual fair share and competitive grant funds. Upon approval by the City Council, the documents will be submitted to OCTA prior to the due date of June 30, 2024.

RECOMMENDED ACTION:

1. City Council find the submittal and adoption exempt from CEQA per Section 15378(b)(5) [Project does not include]: organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and

2. Adopt the Measure M Seven Year Capital Improvement Program (CIP) for fiscal years 2024-25 through 2030-31; and

3. Authorize the Finance Director to amend and certify the Maintenance of Effort Reporting Form (Attachment C), as needed pending the formal adoption of the City’s Fiscal Year (FY) 2024/25 Operating and Capital Budget on June 11, 2024, and to submit the form and supporting documentation to OCTA; and

4. Direct the City Engineer to file the adopted CIP and the Measure M eligibility documents with OCTA in compliance with the requirements of OCTA Ordinance No.

3. 9E. RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 TO BE FUNDED BY SB 1
The proposed resolution approves a list of projects to be funded by SB 1, The Road Repair and Accountability Act of 2017, for Fiscal Year (FY) 2024-2025.

RECOMMENDED ACTION:

1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(5) of the State CEQA Guidelines because CEQA applies only to projects which have the potential for causing a 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. Adopt Resolution No. 2024-13, entitled:

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“RESOLUTION ADOPTING A LIST OF PROJECTS FOR THE CITY OF STANTON FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017”.
9F. ADMINISTRATIVE CITY POLICY FOR USE OF GENERATIVE ARTIFICIAL

INTELLIGENCE TOOLS
In recent years, generative artificial intelligence (AI) has emerged as a powerful tool in a wide range of contexts, offering transformative potential for enhancing City services and improving operational efficiency. To support the utilization of AI in a responsible and transparent manner, the City has developed an administrative policy titled “City Use of Artificial Intelligence”.

RECOMMENDED ACTION:

1. City Council find that these actions are 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 even if they were considered a project, they would still be exempt from CEQA under State CEQA Guidelines Section 15301; and

2. Receive and file the report.
9G. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER’S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR FISCAL YEAR 2024-25
On February 27, 2024, the City Council adopted Resolution No. 2024-04, initiating proceedings for the annual levy of assessments and ordered the Engineer to prepare a report in accordance with Section 22565 et seq. of the State of California Streets and Highways Code. The Engineer has filed a report with the City Clerk in compliance with Council direction. The proposed resolution would preliminarily approve the report.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(4) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly, or indirectly); and Stanton City Council Agenda Prepared by the Office of the City Clerk May 28, 2024

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2. Adopt Resolution No. 2024-14, preliminarily approving the Engineer’s Report for the annual levy of assessments for the Stanton Lighting and Landscaping District No. 1 for Fiscal Year 2024-25, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER’S

REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR STANTON
LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR THE FISCAL
YEAR BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025.” 9H. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,

DECLARING ITS INTENTION TO LEVY AND COLLECT THE ANNUAL

ASSESSMENTS FOR IMPROVEMENT, MAINTENANCE, AND SERVICING OF

LIGHTING AND LANDSCAPING WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR FISCAL YEAR 2024-25 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS

THERETO
On February 27, 2024, the City Council adopted Resolution No. 2024-04, initiating proceedings for the annual levy of assessments and ordered the Engineer to prepare a report in accordance with Section 22565 et seq. of the State of California Streets and Highways Code. The Engineer has filed a report with the City Clerk in compliance with Council direction. The proposed resolution would declare the City Council’s intention to levy and collect the assessments and set the required public hearing for Tuesday, June 25, 2024.

RECOMMENDED ACTION:

2. Adopt Resolution No. 2024-15, declaring its intention to levy and collect the annual assessments for Stanton Lighting and Landscaping District No. 1, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT

ANNUAL ASSESSMENTS FOR IMPROVEMENT, MAINTENANCE, AND

SERVICING OF THE TERRITORY INCLUDED IN THE STANTON
LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR FISCAL YEAR 2024-25 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND APPOINTING A TIME AND PLACE FOR HEARING
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OBJECTIONS THERETO”; and

3. Schedule the public hearing to consider the assessments for Fiscal Year 2024-25 on June 25, 2024.
9I. RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF STANTON, CALLING FOR

THE HOLDING OF A GENERAL MUNICIPAL ELECTION, REQUESTING THE BOARD

OF SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION WITH

THE STATEWIDE GENERAL ELECTION AND ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES

STATEMENTS SUBMITTED TO THE VOTERS
The General Election, including Stanton’s Municipal Election, will be held on Tuesday, November 5, 2024. It is City policy to consolidate the local election with that of the County of Orange. In order to enable such consolidation, it is necessary to adopt Resolutions calling for the holding of a general municipal election and requesting consolidation.

Additionally, it is necessary to adopt a Resolution pertaining to materials prepared by any candidate for a municipal election, including costs of candidate statements.

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. City Council adopt Resolution No. 2024-09, Calling for the Holding of a General Municipal Election to be held on November 5, 2024, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY

THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES”; and

3. City Council adopt Resolution No. 2024-10, Requesting the Board of Supervisors to Consolidate with the Statewide General Election to be held on November 5, 2024, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE”; and
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4. City Council adopt Resolution No. 2024-11, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements Submitted to the Voters, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024”.
9J. APPROVAL OF OPERATIONAL AGREEMENT WITH THE NORTH ORANGE COUNTY

PUBLIC SAFETY TASK FORCE (COLLABORATIVE)
The City, as part of the North Orange County Public Safety Task Force (renamed the North Orange County Public Safety Collaborative) has been designated to receive funds from the 2024/2025 Corrections Planning and Grant Programs from the Board of State and Community Corrections (BSCC). The funds are to be used for a regional collaborative effort for the purpose of violence prevention, intervention, and suppression activities. The funding period is from September 1, 2023 through June 30, 2026.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Approve the City of Stanton’s continued participation in the North Orange County Public Safety Task Force (Collaborative) and authorize the City Manager to execute all necessary documents including the Operational Agreement with the North Orange County Public Safety Task Force (Collaborative) and accept the accompanying funds on behalf of the City.
9K. APPROVAL OF FOURTH AMENDMENT EXTENDING THE CONTRACT WITH QUALITY MANAGEMENT GROUP, INC. TO PROVIDE PROFESSIONAL PROPERTY

MANAGEMENT SERVICES
Quality Management Group, Inc. (QMG) has been providing professional property management services for the City/Housing Authority-owned properties within the TinaPacific neighborhood since 2020. The professional services agreement, as currently amended, expires on June 30, 2024. If approved, this Fourth Amendment will extend the term of the agreement through June 30, 2025 and increase the not-to-exceed compensation amount to cover 12 months of professional property management services.

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RECOMMENDED ACTION:

1. Authority Board/City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and

2. Approve the Fourth Amendment to the existing agreement with Quality Management Group, Inc. extending the term by 12 months and the associated not-to-exceed compensation amount by one hundred eighty three thousand six hundred dollars ($183,600); and

3. Authorize the Executive Director/City Manager to execute the Fourth Amendment to the existing agreement with Quality Management Group, Inc. 9L. APPROVAL OF ONGOING CONTRACT WITH FLOCK SAFETY FOR AUTOMATIC

LICENSE PLATE READING CAMERAS
Automatic License Plate Reading (ALPR) cameras are an effective tool used to support public safety and law enforcement. The City has contracted with Flock Safety since 2020 for ALPR cameras, and currently funds twelve cameras installed throughout the City. The proposed contract allows for an additional two-year term from July 1, 2024 through June 30, 2026 at an annual cost of $33,600 for a contract not-to-exceed amount of $67,200.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and

2. Authorize the City Manager to execute a contract with Flock Safety for 12 cameras for a term of two years from July 1, 2024 through June 30, 2026 at an annual cost of $33,600 for a contract not-to-exceed amount of $67,200. 9M. AUTHORIZATION TO PURCHASE TWO VEHICLES FOR CITY FLEET Staff is requesting to purchase two 2024 Toyota Sienna Hybrid minivans to replace two vehicles that have outlasted their useful life.

RECOMMENDED ACTION:

1. City Council declare that this action to be categorically exempt under the California Environmental Quality Act (“CEQA”) under Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect changes in the environment; and
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2. Authorize the purchase of two 2024 Toyota Sienna Hybrid minivans for a not-toexceed amount of $128,283, including a ten percent contingency; and

3. Authorize the City Manager to execute related purchasing documents. 9N. APPROVAL OF FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HARTZOG AND CRABILL, INC. TO PROVIDE ON-CALL TRAFFIC

OPERATIONS SERVICES
Hartzog and Crabill has been providing on-call traffic operations and engineering support services since 2014, including traffic signal operations support services. The fourth amendment to the professional services agreement will expire on June 30, 2024. If approved, this Fifth Amendment will allow Hartzog and Crabill to continue to provide services through June 30, 2025 at current rates.

RECOMMENDED ACTION:

1. City Council find that the recommended actions are exempt from CEQA per Section15378(b)(5) [Project does not include]: organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and

2. Approve the Fifth Amendment to the Professional Services Agreement with Hartzog and Crabill and allow the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and

3. Authorize the City Manager to execute the Fifth Amendment to the Professional Services Agreement.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS None.

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12. NEW BUSINESS
12A. MELLO-ROOS COMMUNITY FACILITIES DISTRICTS OVERVIEW Informational Mello-Roos Community Facility Districts overview, conversation with City staff detailing Community Facility Districts.

RECOMMENDED ACTION:

2. Receive and file the report.
12B. PROPOSED BALLOT MEASURE/ORDINANCE FOR THE NOVEMBER 2024

GENERAL MUNICIPAL ELECTION ESTABLISHING A TWO-TERM LIFETIME LIMIT

ON MAYORAL SERVICE, CONSOLIDATION OF THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, AND

SETTING OF RULES FOR DIRECT ARGUMENTS AND REBUTTALS CONCERNING

THE PROPOSED ORDINANCE/MEASURE
The City Council previously directed staff to proceed with a ballot measure that, if approved, would amend Section 2.04.070 of the Stanton Municipal Code to establish a two-term lifetime limit on Mayoral service. Following deliberations at its September 26, 2023, meeting, the City Council tasked the City Attorney’s Office with preparing the necessary documents to present this measure to voters at the upcoming General Municipal Election on November 5, 2024. Accordingly, this agenda item proposes the placement of an ordinance/measure on the ballot, as described in the attached Resolution and Exhibit “A” of said Resolution, establishing a two-term limit on Mayoral service, consolidation of the General Municipal Election with the Statewide General Election scheduled for November 5, 2024, and establishment of rules for submitting direct arguments and rebuttals concerning the proposed ordinance/measure.

RECOMMENDED ACTION:

1. City Council adopt Resolution No. 2024-06, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024 FOR THE

SUBMISSION OF A PROPOSED ORDINANCE/MEASURE

ESTABLISHING A TWO-TERM LIFETIME LIMIT ON MAYORAL

SERVICE, REQUESTING THAT THE ORANGE COUNTY BOARD OF
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SUPERVISORS CONSOLIDATE THIS ELECTION WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5,
2024, AND SETTING RULES FOR DIRECT ARGUMENTS AND

REBUTTALS CONCERNING THE PROPOSED
ORDINANCE/MEASURE”; and

2. Find that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

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.

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.

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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.

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 23rd day of May, 2024. s/ Patricia A. Vazquez, City Clerk/Secretary

April 19-May 2, 2024
Electronic Transaction Nos. $ 218,777.08
Check Nos. 214,918.10
Total Payments to Vendors $ 433,695.18
Payroll dated April 25, 2024* 141,384.66
TOTAL PAYMENTS $ 575,079.84
* = Represents the total net payroll paid through direct deposit on pay date.

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

WARRANT REGISTER
3177-3206
conform to the City of Stanton Annual
Budget as approved by the City Council.
137829-137874
Demands listed on the attached registers
City Manager Finance Director
Item: 9B
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Joint Regular Meeting – May 14, 2024 - Page 1 of 9

MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY

OF THE CITY OF STANTON
JOINT REGULAR MEETING MAY 14, 2024

1. CLOSED SESSION None.

2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY /

HOUSING AUTHORITY JOINT REGULAR MEETING
The City Council / Successor Agency / Housing Authority meeting was called to order at 6:30 p.m. by Mayor Shawver.

3. PLEDGE OF ALLEGIANCE
Led by Council Member Torres.

4. ROLL CALL

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

Absent: None.

Excused: None.

5. SPECIAL PRESENTATIONS AND AWARDS
A. The City Council proclaimed the week of May 19-25, 2024, as National Public Works Week within the City of Stanton and presented a proclamation to the City’s Public Works Department.

B. The City Council proclaimed the months of May through August 2024 to be Drowning Prevention and Awareness Months “Always Watch the Water” and “Never Swim Alone” within the City of Stanton and presented a proclamation to Orange County Fire Authority.

6. CONSENT CALENDAR
Mayor Shawver requested to pull item 6H from the consent calendar for separate discussion.

Item: 9C
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Joint Regular Meeting – May 14, 2024 - Page 2 of 9
Motion/Second: Warren/Taylor
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres AYE
Council/Agency/Authority Member Van AYE
Mayor Pro Tem/Vice Chairperson Warren AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:

CONSENT CALENDAR
6A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON

THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER

READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated April 5, 2024 – April 18, 2024, in the amount of $1,983,785.21.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Special and Regular Meeting – April 23, 2024.
6D. MARCH 2024 INVESTMENT REPORT
The Investment Report as of March 31, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Received and filed the Investment Report for the month of March 2024.

Joint Regular Meeting – May 14, 2024 - Page 3 of 9
6E. MARCH 2024 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of March 31, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

1. The Successor Agency finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Received and filed the Investment Report for the month of March 2024. 6F. MARCH 2024 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; STATUS OF

CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended March 31, 2024, has been provided to the City Manager in accordance with Stanton Municipal Code Section 2.20.080 (D) and is being provided to City Council. This report includes information for both the City’s General Fund and the Housing Authority Fund.

2. Received and filed the General Fund and Housing Authority Fund March 2024 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended March 31, 2024.
6G. APPROVAL OF FIRST AMENDMENT TO COOPERATIVE AGREEMENT WITH

CITY OF GARDEN GROVE TO INCREASE REIMBURSEMENT TO THE CITY FOR THE FISCAL YEAR 2022/23 CITY WIDE STREET REHABILITATION PROJECT (TASK CODE 2023-101)
A portion of the intersection of Katella Avenue and Dale Avenue is within the City of Garden Grove’s city limit. As such, the City entered into a Cooperative Agreement with the City of Garden Grove to establish construction costs for each city’s portion of the project. Following bid opening and award of construction for the Project, an Amendment to the Cooperative Agreement is required to amend the compensation amount for the City of Garden Grove’s portion from $7,690 to $60,500.

1. The City Council finds that the recommended actions are exempt from CEQA per Section15378(b)(5) [Project does not include]: organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and
Joint Regular Meeting – May 14, 2024 - Page 4 of 9

2. Approved the First Amendment to the existing Cooperative Agreement with the City of Garden Grove; and

3. Authorized the City Manager to execute the First Amendment to the existing Cooperative Agreement with the City of Garden Grove.
6I. APPROVAL OF FIRST AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT WITH MSW CONSULTANTS TO PROVIDE SOLID WASTE

MANAGEMENT CONSULTING SERVICES
At its meeting of October 26, 2021, the City Council awarded a contract to MSW Consultants to provide solid waste management consulting services. The three-year contract, expiring on June 30, 2024, provides for two optional one-year extensions.

The proposed First Amendment presented for the Council’s consideration extends the term of the Agreement to June 30, 2025, expands the scope of services, and increases the total not-to-exceed compensation by $89,800.

2. Approved the First Amendment to the Professional Services Agreement with MSW Consultants and allowed the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and

3. Authorized the City Manager to execute the First Amendment to the Professional Services Agreement with MSW Consultants.

END OF CONSENT CALENDAR
6H. APPROVAL OF FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH JOHN L. HUNTER & ASSOCIATES, INC. TO PROVIDE

CONSULTING SERVICES RELATED TO NATIONAL POLLUTANT DISCHARGE

ELIMINATION SYSTEM (NPDES) AND FATS, OILS AND GREASE (FOG)

PROGRAM
At its meeting of June 8, 2021, the Council awarded a contract to John L. Hunter Associates, Inc. to provide environmental consulting services. The three-year contract, expiring on June 30, 2024, also provides for two optional one-year extensions. The proposed First Amendment presented for the Council’s consideration exercises the first of the one-year extensions, extending the term of the Agreement to June 30, 2025 and increases the total compensation under the Agreement.

Joint Regular Meeting – May 14, 2024 - Page 5 of 9
Motion/Second: Shawver/Warren
Motion carried by the following vote:

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

2. Approved the First Amendment to the Professional Services Agreement with John L. Hunter & Associates, Inc. and allowed the City Attorney to make minor edits as necessary prior to the execution of the Amendment; and

3. Authorized the City Manager to execute the First Amendment to the Professional Services Agreement with John L. Hunter & Associates, Inc.

7. PUBLIC HEARINGS None.

8. UNFINISHED BUSINESS None.

9. NEW BUSINESS
9A. INTRODUCTION OF THE FISCAL YEAR 2024/25 PROPOSED OPERATING AND

CAPITAL BUDGET
The proposed budget for Fiscal Year 2024/25 will be presented for City Council review and discussion as follows:
a. Department Program Budgets
• Presentations: Administration, Finance, Public Safety, Public Works, Community & Economic Development, and Community Services b. Capital Improvement Program
c. Decision Packages.

Staff report, presentations, and introduction by Ms. Hannah Shin-Heydorn, City Manager and Ms. Michelle Bannigan, Finance Director.

Presentations by various staff members from Administration, Finance, Community & Economic Development, Community Services, Engineering, Public Safety, and Public Works.

Joint Regular Meeting – May 14, 2024 - Page 6 of 9
Mayor Shawver motioned to hear City Council Initiated Item 12E out of order.

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

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

The City Council authorized the request to hear City Council Initiated Item 12E out of order.
12E. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING CITY RULES

AND REGULATIONS PERTAINING TO SPECIAL EVENTS FOR CITY

BUSINESSES
At the April 23, 2024, City Council meeting, Mayor Pro Tem Warren requested that this item be agendized for discussion. Mayor Pro Tem Warren is requesting to discuss revisiting/review of the City’s current rules and regulations pertaining to special events to allow for more events to be held per business per year.

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.

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.

MAYOR SHAWVER CALLED FOR A RECESS AT 8:51 PM.

THE CITY COUNCIL RECONVENED AT 9:04 PM.

Presentation by Ms. Hannah Shin-Heydorn, City Manager.

Joint Regular Meeting – May 14, 2024 - Page 7 of 9
City Council decision packages:

General Fund Special Projects Package (Items 1 – 6)
Motion/Second: Van/Torres
Motion carried by the following vote:

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

The City Council directed staff to move forward with the General Fund Special Projects Package items one through six.

Alternative Funding Package (Items 1 – 7)
Motion/Second: Van/Warren
Motion carried by the following vote:

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

The City Council directed staff to move forward with the Alternative Funding Package items one through seven.

General Fund Package (Items 1 – 11)
Motion/Second: Warren/Taylor
Motion carried by the following vote:

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

The City Council directed staff to move forward with the General Fund Package items one, two, three, six, seven, eight, nine, ten, eleven (1, 2, 3, 6, 7, 8, 9, 10, and 11).

Joint Regular Meeting – May 14, 2024 - Page 8 of 9

10. ORAL COMMUNICATION None.

11. WRITTEN COMMUNICATIONS None.

12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS

12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Council Member Van reported on her attendance at a Bridges at Kraemer Place facility tour, which was held on May 9, 2024.
• Council Member Van reported on the Stanton Community Foundation’s 21st Annual Stanton Car Show event, which was held on May 18, 2024, at Stanton Park.
• Mayor Pro Tem Warren reported on her attendance at an Association of California Cities Orange County (ACCOC) meeting.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
None.
12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION

None.
12D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING AMENDMENT

TO THE STANTON TOWN CENTER SPECIFIC PLAN (DEVELOPMENT

AGREEMENTS)
At the April 9, 2024, City Council meeting, Council Member Torres requested that this item be agendized for discussion. Council Member Torres is requesting to discuss an amendment to the Stanton Town Center Specific Plan to include development agreements, which would provide the City Council the ability to set minimum standards for development.

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. 12E. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING CITY RULES

AND REGULATIONS PERTAINING TO SPECIAL EVENTS FOR CITY

BUSINESSES
This item was heard out of order.

Joint Regular Meeting – May 14, 2024 - Page 9 of 9
12F. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING REQUEST FOR

PRESENTATION BY THE ORANGE COUNTY POWER AUTHORITY (OCPA) At the April 23, 2024, City Council meeting, Council Member Van requested that this item be agendized for discussion. Council Member Van is requesting to discuss extending an invitation to the Orange County Power Authority (OCPA) to provide a presentation and update to the City on their current operations.

The City Council received consensus and directed staff to extend an invitation to the OCPA to provide a special presentation to the City Council at a future City Council meeting.

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

14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.
14A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Administrative Captain Chris Sobiesiak provided the City Council with an update on the Orange County Fire Authority’s current operations.

15. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 10:33 p.m.
_______________________________________

MAYOR/CHAIRMAN
ATTEST:
_______________________________________

CITY CLERK/SECRETARY
DRAFT
Special Joint Meeting – May 21, 2024 - Page 1 of 3

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

MINUTES OF THE CITY COUNCIL/ HOUSING AUTHORITY OF THE CITY OF STANTON JOINT SPECIAL MEETING MAY 21, 2024

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

2. ROLL CALL

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

Absent: None.

Excused: None.

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS None.

4. CLOSED SESSION
The members of the City Council / Housing Authority of the City of Stanton proceeded to closed session at 5:00 p.m. for discussion regarding:
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

5. CALL TO ORDER CITY COUNCIL / STANTON HOUSING AUTHORITY MEETING The City Council / Housing Authority reconvened in open session at 5:35 p.m.

The City Attorney / Agency Counsel reported that the Stanton City Council / Housing Authority met in closed session from 5:00 to 5:35 p.m.

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

DRAFT
Special Joint Meeting – May 21, 2024 - Page 2 of 3

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

6. ROLL CALL

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

Absent: None.

Excused: None.

7. PLEDGE OF ALLEGIANCE
Led by Council Member Taylor.

SPECIAL ORDERS OF THE DAY

8. NEW BUSINESS
8A. CONSIDERATION OF RESOLUTION NO. 2024-19 TERMINATING 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 terminating the Exclusive Negotiation Agreement (“ENA”) with Brandywine Acquisitions Group, C&C Development Company, and National Community Renaissance of California (collectively, the “Developers”) for the potential redevelopment of the Tina Pacific neighborhood. For 14 months, the City, Housing Authority, and Developers have been defending against a lawsuit brought by the Public Law Center that seeks to, among other things, block the potential development of new housing in the neighborhood. The litigation depletes funds intended for any potential project and spends down money that the City and Housing Authority would have otherwise used to reinvest in the neighborhood. Given the ongoing lawsuit and the uncertainty of whether the PLC will agree to any resolution, the City, Housing Authority, and Developers have mutually agreed to terminate the ENA, effective immediately.

Public Comment:

Ms. Ugochi Anaebere-Nicholson, Public Law Center and The Kennedy Commission, spoke in opposition to the proposed recommended action and the mischaracterization of the information provided within the City’s staff report and attachments.

Staff report by Ms. HongDao Nguyen, City Attorney.

DRAFT
Special Joint Meeting – May 21, 2024 - Page 3 of 3

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
Motion/Second: Shawver/Taylor
ROLL CALL VOTE: Council / Authority Member Taylor AYE
Council / Authority Member Torres AYE
Council / Authority Member Van AYE
Mayor Pro Tem / Vice Chairperson Warren AYE
Mayor / Chairman Shawver AYE
Motion unanimously carried:

1. The City Council and Housing Authority finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to 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. Approved Resolution No. 2024-19, entitled:
“A RESOLUTION OF THE CITY COUNCIL AND THE HOUSING

AUTHORITY OF THE CITY OF STANTON TERMINATING THE

EXCLUSIVE NEGOTIATION AGREEMENT WITH BRANDYWINE

ACQUISITIONS GROUP, C&C DEVELOPMENT COMPANY, AND

NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA REGARDING

THE POTENTIAL REDEVELOPMENT OF THE TINA-PACIFIC

NEIGHBORHOOD AND MAKING A FINDING OF EXEMPTION FROM
CEQA”.

8. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 5:48 p.m.
_______________________________________

MAYOR / CHAIRMAN
ATTEST:
_______________________________________

CITY CLERK / SECRETARY
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 28, 2024
SUBJECT: APPROVE SUBMITTAL OF THE RENEWED MEASURE M ELIGIBILITY

PACKAGE AND ITS COMPONENTS
REPORT IN BRIEF:

The Orange County Transportation Authority (OCTA) requires that local jurisdictions comply with a variety of requirements to remain eligible to receive renewed Measure M2 funding. The proposed action will approve the submittal of items to keep the City eligible to receive annual fair share and competitive grant funds. Upon approval by the City Council, the documents will be submitted to OCTA prior to the due date of June 30, 2024.

RECOMMENDED ACTIONS:

2. Adopt the Measure M Seven Year Capital Improvement Program (CIP) for fiscal years 2024-25 through 2030-31; and

4. Direct the City Engineer to file the adopted CIP and the Measure M eligibility documents with OCTA in compliance with the requirements of OCTA Ordinance No.

3. BACKGROUND:

In November of 1990, the voters of Orange County approved Measure M, the Revised Traffic Improvement and Growth Management Ordinance. Measure M created a fund for transportation improvements to mitigate traffic impacts generated by existing and proposed development. Measure M authorized the imposition of an additional half-cent retail transaction and use tax for a period of twenty (20) years. In November of 2006, Item: 9D
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2 renewed Measure M2 was approved by the voters of Orange County, extending the program another thirty (30) years.

ANALYSIS/JUSTIFICATION:

Funds identified as M2 fair share funds are used on local and regional transportation improvement and maintenance projects. Other M2 funds, for transportation related projects, are made available through several competitive programs included in the Combined Transportation Funding Program (CTFP).

The Board of Supervisors of Orange County has designated the OCTA as the Local Transportation Authority (LTA). To be eligible to receive M2 fair share and CTFP funds, OCTA must find that the City has satisfied specific requirements on an annual basis.

Some items must be renewed or resubmitted annually and some biannually. This year the City of Stanton must submit the following items to OCTA in compliance with LTA Ordinance No. 3 by June 30, 2024:

A. Measure M Seven-Year Capital Improvement Program
B. Measure M Eligibility Checklist
C. Maintenance of Effort (MOE) Reporting Form
D. Land Use Element of the City’s General Plan
A summary explanation of items “A” through “D” is included below.

A. MEASURE M SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM
The City Council adopts a comprehensive seven-year CIP each year. Staff has prepared an updated seven-year CIP specifically for the transportation facility improvement projects in a form consistent with the latest requirements of OCTA. A summary of the updated seven-year CIP is shown in Table 1.

Table 1. Updated Seven-Year CIP
No. Project Program Year Estimated Cost
1 Annual Citywide Street Resurfacing Project FY 2024-2031 $5,108,570 2 Annual Citywide Concrete Repair FY 2024-2031 $450,000 3 Citywide Concrete Repair FY 2024-2025 $240,000
4 Western Storm Channel Grate FY 2024-2025 $20,240
5 Fern Street Rehabilitation FY 2024-2025 $145,000
6 Vision Zero Action Plan FY 2024-2025 $200,000
3 B. MEASURE M ELIGIBILITY CHECKLIST
To assist agencies in complying with Measure M, OCTA has developed checklists to clarify requirements. Staff has completed the checklist and it will be transmitted with all other documents as required by OCTA. It is recommended that these checklists be received and filed for transmitting with other required Measure M documents.

C. MAINTENANCE OF EFFORT REPORTING FORM
Local jurisdictions may not use local fair share or gas tax funds to replace existing revenues being used for transportation improvement programs. The purpose of these funds is to supplement existing expenditures of funds for transportation projects.

Therefore, the City is required to maintain a predetermined minimum level of Maintenance of Effort (MOE) General Fund expenditures for the maintenance of local streets and roads in order to retain eligibility. The MOE benchmark for the City of Stanton is $326,462. The soon to be adopted FY 2024/25 budget contains a General Fund expenditure for public works/transportation-related costs, which exceeds the baseline MOE requirements. The MOE Reporting Form must be approved by action of the City Council directing the Finance Director to certify this form.

The MOE Reporting Form included in Attachment C was prepared using the Fiscal Year 2024/25 Proposed Budget presented to the City Council on May 14, 2024. Following the adoption of the FY 2024/25 Proposed Budget on June 11, 2024, the final MOE Reporting Form will be completed and submitted to OCTA for Measure M2 funding.

D. THE LAND USE ELEMENT OF THE CITY’S GENERAL PLAN
This section of the City’s General Plan includes land use planning strategies that are consistent with OCTA’s goals for accommodating transit and non-motorized transportation in the County. A letter outlining land use planning strategies that accommodate transit and non-motorized transportation with relevant excerpts from the General Plan must be submitted to OCTA.

Based on staff’s analysis and discussions, this comprehensive package of required documents will maintain the City’s compliance with the requirements of Measure M for FY 2024/25. Upon final approval, the documents will be submitted to OCTA.

Eligibility for M2 funding will allow the City of Stanton to continue to receive M2 fair share funds. Additionally, the City of Stanton remains eligible to receive funding for the numerous competitive grants secured within M2.

FISCAL IMPACT:

No fiscal impact.
4 ENVIRONMENTAL IMPACT:

The submittal and adoption are exempt from CEQA per Section 15378(b)(5) [Project does not include]: organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Notifications and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVE:

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

Prepared by: Han Sol Yoo, 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. Measure M Seven-Year Capital Improvement Program
B. Measure M Eligibility Checklist
C. Draft Maintenance of Effort Reporting Form
D. Land Use Element of the City’s General Plan
Orange County Transportation Authority
FY 2024/25 - FY 2030/31 Capital Improvement Program
TIP ID CP-12201
Local Project Number:

Additional Project IDs:

Type of Work: Pedestrian
Type of Work Description: Pedestrian -
Reconstruction or rehabilitation of sidewalk
Limits
Various locations throughout the City
Project Notes
Annual Project.

Last Revised: 24-00 - In Progress
TIP ID CP-12204
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Various locations throughout the City
Project Notes
Last Revised: 24-00 - In Progress
IMPLEMENTING AGENCY Stanton, City of
Project Title
Annual Citywide Concrete Repair
Project Description
Various concrete improvements to repair damaged sidewalk, curb and gutter, curb ramps, and driveway approaches

FISCAL YEAR
2025
2026
2027
2028
2029
2030
2031
Project Title

FUND TYPE ENG
Gas Tax $0
Gas Tax $0
Gas Tax $0
Gas Tax $0
Gas Tax $0
Gas Tax $0
Gas Tax $0
Totals: $0
ROW
$0
$0
$0
$0
$0
$0
$0
$0
Annual Citywide Street Resurfacing Project
Project Description

CON/IMP O&M TOTAL TOTAL ESCALATED
$75,000 $0 $75,000 $77,250
$75,000 $0 $75,000 $79,568
$75,000 $0 $75,000 $81,955
$75,000 $0 $75,000 $84,413
$75,000 $0 $75,000 $86,946
$75,000 $0 $75,000 $89,554
$0 $0 $0 $0
$450,000 $0 $450,000 $499,686
Total Programmed: $450,000
IMPLEMENTING AGENCY Stanton, City of
Pavement rehabilitation of various streets throughout the City. Work includes, but not limited to, grind and overlay, slurry seal, reconstruction, and replace/upgrade traffic loops FISCAL
YEAR
2025
2025
2026
2026
2027
2027
2028
2028
2029
2029
2030
2030
2031
2031

FUND TYPE ENG
Measure M2 Local $45,000 Fairshare
Local Streets and $45,000 Roads apportionments
Local Streets and $45,000 Roads apportionments
Measure M2 Local $45,000 Fairshare
Local Streets and $45,000 Roads apportionments
Measure M2 Local $45,000 Fairshare
Measure M2 Local $45,000 Fairshare
Local Streets and $45,000 Roads apportionments
Measure M2 Local $45,000 Fairshare
Local Streets and $45,000 Roads apportionments
Measure M2 Local $45,000 Fairshare
Local Streets and $45,000 Roads apportionments
Local Streets and $45,000 Roads apportionments
Measure M2 Local $45,000 Fairshare

ROW CON/IMP
$0 $599,730
$0 $1,000,270
$0 $801,160
$0 $798,840
$0 $1,155,000
$0 $445,000
$0 $645,000
$0 $955,000
$0 $495,000
$0 $1,105,000
$0 $855,000
$0 $745,000
$0 $645,000
$0 $955,000

O&M TOTAL TOTAL

ESCALATED
$0 $644,730 $662,722
$0 $1,045,270 $1,075,278
$0 $846,160 $894,951
$0 $843,840 $892,489
$0 $1,200,000 $1,307,100
$0 $490,000 $531,264
$0 $690,000 $770,953
$0 $1,000,000 $1,119,861
$0 $540,000 $618,841
$0 $1,150,000 $1,325,998
$0 $900,000 $1,065,915
$0 $790,000 $934,569
$0 $690,000 $838,269
$0 $1,000,000 $1,219,530
Totals: $630,000 $0 $11,200,000 $0 $11,830,000 $13,257,740 Total Programmed: $11,830,000
Attachment: A
Click here to return to the agenda.

TIP ID CP-12335
Local Project Number:

Additional Project IDs:

Type of Work: Pedestrian
Type of Work Description: Pedestrian -
Reconstruction or rehabilitation of sidewalk
Limits
Citywide
Project Notes
This project will be funded by the Coronavirus
Response and Relief Supplemental Appropriations
Act (CRRSAA).

Last Revised: 24-00 - In Progress
TIP ID CP-12332
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Fern Street (Stanford Avenue to Garden Grove
Boulevard)
Project Notes
The City of Garden Grove is the lead agency for
this project. The City of Stanton and the City of
Garden Grove will enter into a Cooperative
Agreement where the City of Stanton will
reimburse the City of Garden Grove for work done
within City of Stanton City Limits.

Last Revised: 24-00 - In Progress
TIP ID CP-12375
Local Project Number:

Additional Project IDs:

Type of Work: Safety
Project Title
Citywide Concrete Repair
Project Description
IMPLEMENTING AGENCY Stanton, City of
Various concrete improvements to repair and replace damaged sidewalk, curb & gutter, curb ramps, and driveway approaches

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Gas Tax $0 $0 $40,000 $0 $40,000 $41,200
2025 State $0 $0 $200,000 $0 $200,000 $206,000
Project Title
Totals: $0 $0 $240,000 $0 $240,000 $247,200
Total Programmed: $240,000
IMPLEMENTING AGENCY Stanton, City of
Fern Street Rehabilitation
Project Description
Pavement rehabilitation of Fern Street. Work includes, but not limited to, grind and overlay and striping.

FISCAL

YEAR FUND TYPE TOTAL ROW CON/IMP O&M TOTAL ESCALATED
2025 Measure M2 Local
Fairshare $25,000 $0 $120,000 $0 $145,000 $148,600
Project Title
Orangewood Complete Streets
Project Description
Totals: $25,000 $0 $120,000 $0 $145,000 $148,600
Total Programmed: $145,000
IMPLEMENTING AGENCY Stanton, City of
Type of Work Description: Safety - Traffic Improvement of Orangewood Avenue and Santa Rosalia Avenue including installation of a separate calming such as bulbout, chokers, speed hump, etc. bikeway, planted bulb outs, speed cushions, high-visibility crossings, markings, and parkways, Limits
Orangewood Avenue and Santa Rosalia
Project Notes
Last Revised: 24-00 - In Progress
TIP ID CP-12374
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Studies or PMP updates
Limits
Citywide
Project Notes
Last Revised: 24-00 - In Progress
FISCAL
YEAR
2025
2025
Project Title

FUND TYPE ROW CON/IMP O&M TOTAL ESCALATED
TOTAL
Unfunded/Unknown $0 $0
Federal $650,000 $0
$6,500,000 $0
$200,000 $0
$6,500,000 $6,695,000
$850,000 $856,000
Totals: $650,000 $0 $6,700,000 $0 $7,350,000 $7,551,000 Total Programmed: $7,350,000
IMPLEMENTING AGENCY Stanton, City of
Pavement Management Plan
Project Description
Survey and Assessment of the current conditions of City streets.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Gas Tax $35,000 $0 $0 $0 $35,000 $35,000
Totals: $35,000 $0 $0 $0 $35,000 $35,000
Total Programmed: $35,000
TIP ID CP-12334
Local Project Number:

Additional Project IDs:

Type of Work: Safety
Type of Work Description: Safety- Other
Limits
Citywide
Project Notes
This project will be funded partly by the State of
California's Safe Routes to School Program
Project Title
Vision Zero Action Plan
Project Description
IMPLEMENTING AGENCY Stanton, City of
The Vision Zero Action Plan will evaluate Citywide traffic safety. The study will analyze traffic collisions, identify contributing factors and patterns, recommend improvements, develop cost estimates, and prioritize recommended improvements.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Gas Tax $40,000 $0 $0 $0 $40,000 $40,000
2025 State $160,000 $0 $0 $0 $160,000 $160,000
Totals: $200,000 $0 $0 $0 $200,000 $200,000
Last Revised: 24-00 - In Progress Total Programmed: $200,000 TIP ID CP-12333 IMPLEMENTING AGENCY Stanton, City of
Local Project Number: Project Title
Additional Project IDs: Western Storm Channel Grate
Type of Work: Environmental Cleanup Project Description Type of Work Description: Environmental
Cleanup - Automatic Retractable Screen and other The project proposes the removal of an existing inlet grate and replacement with a custom inlet grate . debris screens or inserts
Limits
Western Ave Storm Channel on 10660 Western
Avenue, Stanton, CA
Project Notes
The 2024 Tier 1 Project Application was submitted
on April 25, 2024
Last Revised: 24-00 - In Progress
FISCAL
YEAR
2025

FUND TYPE
Environmental Cleanup
Program (ECP) - Tier 1

TOTAL ENG ROW CON/IMP O&M TOTAL ESCALATED
$0 $0 $20,240 $0 $20,240 $20,847
Totals: $0 $0 $20,240 $0 $20,240 $20,847
Total Programmed: $20,240

APPENDIX D
Eligibility Checklist
Capital Improvement Program (CIP) YES NO

1. Did you submit your draft or adopted M2 seven-year CIP to OCTA by June 28?   a. Did you utilize the required OCTA OCFundtracker CIP database?   b. Have you included projects required to demonstrate compliance with signal synchronization, pavement maintenance, the Congestion Management Program, and environmental clean-up commitments?
 
c. Are there any non-transportation related projects included in your M2 CIP? (Note:

Projects funded through ECP are considered transportation-related)   d. Did you include all projects that are partially, fully, or potentially funded by M2 Net Revenues?  
e. The City Council/Board of Supervisors approval date*to adopt the final 7-Year CIP is:
*Must be prior to July 31
Maintenance of Effort (MOE) YES NO

2. Did you submit the MOE certification form (Appendix I) to OCTA by June 30?   a. Did you provide supporting budget documentation?   b. Has the MOE Reporting form been signed by the Finance Director or appropriate designee?  
Pavement Management Plan (PMP) YES NO

3. Are you required to submit a PMP update to OCTA for this eligibility cycle? Refer to Exhibit 3 for PMP submittal schedule.  
a. If yes, did you use the current PMP Submittal Template (Appendix F)?   b. If yes, is the adopted PMP consistent with the OCTA Countywide Pavement Management Plan?  

4. If you answered "no" to question 3, did you submit a PMP Update to OCTA through the previous eligibility cycle by June 30?  
Resolution of MPAH Consistency YES NO

5. Did you submit a resolution indicating conformance with the MPAH? N/A N/A a. Have you enclosed an exhibit showing roadway designations that represent your most current circulation element?

N/A N/A
Local Signal Synchronization Plan (LSSP) YES NO

6. Did you adopt and submit an update to the LSSP as part of the current cycle? N/A N/A a. Is your LSSP consistent with the Regional Traffic Signal Synchronization Master Plan? N/A N/A Jurisdiction: CITY OF STANTON
May 28, 2024
Attachment: B
Click here to return to the agenda.

APPENDIX D
Eligibility Checklist
Time Limits for Use of Net Revenues YES NO

7. Has your jurisdiction complied with the three-year time limit for the use of Net Revenues over the last year per the requirements outlined in the Ordinance?   a. If no, has a time extension been requested through the CTFP semi-annual review process for funds subject to expiration?  
Supplanting of Developer Commitments YES NO

8. Has your jurisdiction ensured they have not supplanted developer commitments for transportation projects and funding with M2 funds?  
Mitigation Fee Program (MFP) YES NO

9. Does your jurisdiction currently have a defined development impact MFP in place?  

10. Has an update to the MFP occurred since the last reporting period?  

11. If yes to 10, has your jurisdiction submitted one or more of the supporting documents outlined in chapter 2.7 of the Eligibility Guidelines?   Planning Strategies YES NO

12. Does your jurisdiction consider as part of its General Plan, land use planning strategies that accommodate transit and non-motorized transportation?  

13. Have you provided a letter identifying land use planning strategies that accommodate transit and non-motorized transportation consideration in the General Plan?   Traffic Forums YES NO

14. Did representatives of your jurisdiction participate in the regional traffic forum(s)?   a. If you answered yes, provide date(s) of attendance:

Congestion Management Program (CMP) YES NO

15. Has your jurisdiction completed the required CMP checklist? (Appendix C) N/A N/A Name (Print) Signature Date
SEPTEMBER 26, 2023, FEBRUARY 6, 2024
CESAR RANGEL, P.E.

APPENDIX I
Jurisdiction:

Michelle Bannigan
1 Funding sources include Measure M, federal, state, redevelopment, and bond financing. $ 364,545.00
2 Please refer to Exhibit 2 in the M2 Eligibility Guidelines for the City’s MOE benchmark requirement. ☐ The City/County of Stanton is aware of the State Controller’s “Guidelines Relating to Gas Tax Expenditures for Cities and Counties”, which is a guide for determining MOE Expenditures for Measure M2 Eligibility purposes and; ☐ The City/County of Stanton’s MOE Certification Form is in compliance with direction provided in the State Controller’s “Guidelines Relating to Gas Tax Expenditures for Cities and Counties” and; ☐ The City/County of Stanton certifies that the budgeted MOE expenditures meet or exceed the fiscal year (FY) 2024-25 MOE benchmark requirement3
.

CONSTRUCTION Total Expenditure
Maintenance of Effort (MOE) Certification Form
I hereby certify that:

Finance Director (Print Name)
Subtotal Indirect/Other $ -
Subtotal Construction $ -

INDIRECT/OTHER
Street Maintenance
Please complete and attach supporting budget documentation for each line item listed below.

Subtotal Maintenance
MAINTENANCE Total Expenditure
$ 364,545.00

CITY OF STANTON
Total General Fund Transportation Expenditures
(Less Total MOE Exclusions1
)
Total Expenditure
(Shortfall)/Surplus
Type of GENERAL FUND Transportation Expenditures:

Finance Director Signature Date
Certification:
$ 364,545.00
$ -
$ 364,545.00
$ 326,462.00
$ 38,083.00
MOE Expenditures
MOE Benchmark Requirement2
DRAFT
Attachment: C
Click here to return to the agenda.
7800 Katella Avenue
Stanton, CA 90680
P | (714) 379-9222
F | (714) 890-1443
[email protected]
StantonCA.gov
Community Pride & Forward Vision
Date:

May 28, 2024
Charvalen Alacar
Section Manager,
Measure M Local
Programs
Orange County
Transportation
Authority
550 S. Main Street
P.O. Box 14184
Orange, CA 92863
Subject: City of Stanton Land Use Planning Strategies
To Charvalen Alacar,
One requirement for continued Measure M eligibility is as follows:
“A letter outlining the approach to land use planning strategies or policies that accommodate transit and non-motorized transportation should be provided with supporting General Plan excerpts. Policy summaries that directly tie land use planning to alternative modes are required.” The following excerpts from our General Plan are provided to comply with this requirement:

Chapter 8 – Regional Coordination - Goal RC-2.1 Develop and maintain an effective Growth Management Plan that operates to the advantage of both the city of Stanton as well as the County and regional level.

Action RC-2.1.7 (a) - Promote housing locations near and/or within employment centers to enable shorter commutes and encourage transitoriented mobility.

Action RC-2.1.7 (b) - Support the development of diverse types of public and private transit services to facilitate travel.

Action RC-2.1.7 (c) - Encourage higher density and/or mixed-used development along major transit corridors and transit stops.

Chapter 5 – Infrastructure and Community Services - Goal ICS-1.2 Encourage alternatives to the private automobile by increasing access and opportunities to public transit, as well as to other alternative modes of transportation, such as biking and walking.

Action ICS-1.2.1 (h)As part of the plan review of future development proposals, the demand for vehicular, pedestrian, bicycle, and other transportation modes shall be reviewed and the city shall determine the appropriate modes applicable to each development project that assist in accomplishing goal ICS-1.2.

Attachment: D
Click here to return to the agenda.
7800 Katella Avenue
Stanton, CA 90680
P | (714) 379-9222
F | (714) 890-1443
[email protected]
StantonCA.gov
Community Pride & Forward Vision
Date:

May 28, 2024
Charvalen Alacar
Section Manager,
Measure M Local
Programs
Orange County
Transportation
Authority
550 S. Main Street
P.O. Box 14184
Orange, CA 92863
If you have any questions, please contact me at (714) 890-4203.

Sincerely,
Cesar Rangel, P.E.

Director of Public Works / City Engineer
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 28, 2024
SUBJECT: RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 TO BE FUNDED BY SB 1
REPORT IN BRIEF:

The proposed resolution approves a list of projects to be funded by SB 1, The Road Repair and Accountability Act of 2017, for Fiscal Year (FY) 2024-2025.

RECOMMENDED ACTION:

2. Adopt Resolution No. 2024-13, entitled:
“RESOLUTION ADOPTING A LIST OF PROJECTS FOR THE CITY OF STANTON FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017”.

BACKGROUND:

On April 28, 2017, Governor Brown signed SB 1, the Road Repair and Accountability Act of 2017. SB 1 increased per gallon fuel and diesel fuel excise taxes, as well as vehicle registration fees, with revenues deposited into the State Transportation Fund’s Road Maintenance and Rehabilitation Account (RMRA). SB 1 is expected to generate over $5 billion annually for state and local transportation improvements. A percentage of this RMRA funding is apportioned by formula to eligible cities and counties pursuant to the Streets and Highways Code (SHC) Section 2032(h).

Item: 9E
Click here to return to the agenda.
2 Pursuant to SHC Section 2030(a), RMRA funds should be used to address basic road maintenance, rehabilitation, and critical safety needs for local street and road systems.

Eligible project categories include:
• Road maintenance and rehabilitation;
• Safety projects;
• Railroad grade separations;
• Traffic control devices; and
• Complete streets components, including active transportation projects, pedestrian and bicycle safety projects, and transit facilities, along with drainage and stormwater capture projects that are in conjunction with any allowable project.

ANALYSIS/JUSTIFICATION:

Pursuant to SHC Section 2034(a), agencies are required to submit, on an annual basis, a list of eligible, proposed projects to the California Transportation Commission (CTC) in order to be eligible for RMRA funding. The list of proposed projects must be adopted by the governing board at a regular public meeting. Each project listed must include a description and location of the project, a proposed schedule for the project’s completion, and the estimated useful life of the improvements. For FY 2024-2025, the list of projects is due to the CTC by July 1, 2024.

The Pavement Management Plan identifies the following streets as needing work in FY 2024-2025:

Mill & Overlay
Street
From To
Carie Ln
Western Ave
Western Ave
Western Ave
Cerritos Ave
Western Ave
150 ft north of
Katella
Katella Ave
Orangewood Ave
Beach Blvd
Cul-De-Sac
Katella Ave
Orangewood Ave
City Limits
Dale Ave
Along with the streets listed above, the streets and limits from last year’s submittal were included with the resolution as well. Performing resurfacing on these streets will provide an estimated life span of 7 to 15 years.

FISCAL IMPACT:

The FY 2024-2025 Proposed Capital Budget includes $1,045,270 of capital project funding from the City’s RMRA Fund (#215).
3 ENVIRONMENTAL IMPACT:

In accordance with the requirements of the CEQA, this project has been determined to be exempt under Section 15378(b)(5) of the State CEQA Guidelines because CEQA applies only to projects which have the potential for causing a 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.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 3: Provide a quality infrastructure.

PUBLIC NOTIFICATION:

Notifications were performed through the normal agenda process.

A. Resolution No. 2024-13
RESOLUTION NO. 2024-13

Page 1 of 4 ends

RESOLUTION NO. 2024-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which much include a description and location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,000,252 in RMRA funding in Fiscal Year 2024-2025 from SB1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 5 local streets throughout the City of Stanton this year and many similar projects into the future; and
Attachment: A
Click here to return to the agenda.

RESOLUTION NO. 2024-13

Page 2 of 4 ends

WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an excellent condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits for the City of Stanton.

NOW THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND that the City Council of the City of Stanton, California, as follows:

1. The foregoing recitals are correct and true.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-2025 Road Maintenance and Rehabilitation Account revenues:

Project Name:

FY 2024/2025 Citywide Street Resurfacing Project
Project Description:

Local residential and arterial streets will be grinded and overlayed.

Estimated Project Schedule:

October 2024 – May 2025
Locations And Project Useful Life:
7-15 years
Slurry Seal Street From To
San Marcos Drive Lampson Avenue Cardiff Drive
Mill & Overlay Street From To
Carie Lane
Western Avenue
Western Avenue
Western Avenue
Cerritos Avenue
Ale Lane
Ale Lane
Banff Street
Capistrano Drive
Cardiff Drive
Court Avenue
Fern Street
Western Avenue
150 ft north of
Katella Avenu
Katella Avenue
Orangewood
Avenue
Beach Boulevard
Lessue Avenue
Ruthann Avenue
Chanticleer Road
Briarwood Street
San Marcos Drive
Cul-De-Sac
Katella Avenue
Orangewood
Avenue
City Limits
Dale Avenue
Cul-De-Sac
Cul-De-Sac
Cul-De-Sac
Malibu Drive
Westcliff Drive
Cul-De-Sac (N)
RESOLUTION NO. 2024-13

Page 3 of 4 ends

Flower Street
Flower Street
Grant Way
Kenmore Street
Lambert Way
Longford Way
Mario Avenue
Masterson Street
Monroe Avenue
Monroe Avenue
Ramblewood Drive
Santa Cruz Street
Santa Maria Street
Santa Maria Street
Sylvan Street
Monroe Avenue
Cerritos Avenue
Monroe Avenue
Central Avenue
Marshall Way
Stardust Lane
Longford Way
Lambert Way
Ruthann Avenue
Cody Drive
Oak Street
Rose Street
Grandoaks Drive
Lessue Avenue
Ruthann Avenue
Lessue Avenue
Cerritos Avenue
Pacific Street
Central Avenue
Chester Avenue
Custer Way
South End
Hampton Way
End
Cul-De-Sac
City Limit
Rose Street
Flower Avenue
Cul-De-Sac
Cul-De-Sac
Cul-De-Sac
Cul-De-Sac
End
ADOPTED, SIGNED AND APPROVED this 28th day of May, 2024.

DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
RESOLUTION NO. 2024-13

Page 4 of 4 ends

ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-13 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on May 28, 2024, and that the same was adopted, signed and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ, CITY CLERK

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 28, 2024
SUBJECT: ADMINISTRATIVE CITY POLICY FOR USE OF GENERATIVE

ARTIFICIAL INTELLIGENCE TOOLS
REPORT IN BRIEF:

In recent years, generative artificial intelligence (AI) has emerged as a powerful tool in a wide range of contexts, offering transformative potential for enhancing City services and improving operational efficiency. To support the utilization of AI in a responsible and transparent manner, the City has developed an administrative policy titled “City Use of Artificial Intelligence”.

RECOMMENDED ACTIONS:

2. Receive and file the report.

BACKGROUND AND ANALYSIS:

The City strives to provide quality municipal services to promote a high quality of life for residents, businesses, and visitors. To that end, the City maximizes available resources by utilizing reliable, collaborative, and secure information technology solutions to support the efforts of staff.

As new, relevant local government technologies arise, the City often assesses the value that each can provide. In recent years, generative artificial intelligence (AI) – creating meaningful output such as text and images from human prompts – has emerged as a powerful tool in a wide range of contexts, offering transformative potential for enhancing City services and improving operational efficiency (see Attachment A). The City recognizes this technology could be extraordinarily useful in the public sector while also acknowledging its inherent risks.

Item: 9F
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2 To support the utilization of AI in a responsible and transparent manner, the City has developed an administrative policy titled “City Use of Artificial Intelligence” (Attachment B). The City’s policy draws upon the policies of the cities of Sacramento, Seattle, Boise, Yorba Linda, Los Altos Hills, and San Jose. The policy establishes guidelines and principles for the responsible and ethical use of AI technologies within the City, to allow staff to harness the potential of AI to enhance public services, improve efficiency, and drive innovation, while ensuring that its deployment upholds the values of transparency, accountability, fairness, privacy, and inclusivity.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

The City will be purchasing a one-year Team license for ChatGPT at a cost of $25 per person/month, for approximately ten users. Funding is available in the Fiscal Year 2023- 24 Human Resources Division Operating Budget. The Team license has been selected to ensure maximum control over any City data used as a prompt.

ENVIRONMENTAL IMPACT:

None. This item is an administrative activity not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly).

PUBLIC NOTIFICATION:

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

STRATEGIC PLAN OBJECTIVES ADDRESSED:

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

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

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

A. “The great acceleration: CIO perspectives on generative AI.” MIT Technology Review Insights.

B. City of Stanton Administrative Policy “City Use of Artificial Intelligence” Produced in partnership with
The great acceleration:

CIO perspectives
on generative AI
How technology leaders are
adopting emerging tools to
deliver enterprise-wide AI.

Attachment: A
Click here to return to the agenda.

Preface
“The great acceleration: CIO perspectives on generative AI” is an MIT Technology Review Insights report sponsored by Databricks. This report, based on seven in-depth interviews with senior executives and experts, conducted in April and May 2023, seeks to understand how technology leaders are adopting emerging generative AI tools as part of an enterprise-wide AI strategy.

The report also draws on an MIT Technology Review Insights global survey of 600 senior data and technology executives, conducted in May and June 2022. Adam Green was the author of the report, Teresa Elsey was the editor, and Nico Crepaldi was the publisher. The research is editorially independent and the views expressed are those of MIT Technology Review Insights.

We would like to thank the following individuals for their time and insights:

Andrew Blyton, Vice President and Chief Information Officer, DuPont Water & Protection Michael Carbin, Associate Professor, MIT, and Founding Advisor, MosaicML Owen O’Connell, Senior Vice President and Chief Information Officer (Information Digital Services and Operations), Shell
Noriko Rzonca, Chief Digital Officer, Cosmo Energy Holdings Richard Spencer Schaefer, Chief Health Informatics Officer, Kansas City VA Medical Center, and AI Solutions Architect, National Artificial Intelligence Institute, U.S. Department of Veterans Affairs
Cynthia Stoddard, Senior Vice President and Chief Information Officer, Adobe Matei Zaharia, Cofounder and Chief Technology Officer, Databricks, and Associate Professor of Computer Science, University of California, Berkeley 2MIT Technology Review Insights
MIT Technology Review Insights 3

CONTENTS
0 1Executive summary ................................................................4 02AI everywhere, all at once .....................................................6 03 Building for AI.........................................................................10 04 Buy, build? Open, closed? ...................................................13 05 Workforce worries? ..............................................................16 06 Risks and responsibilities ...................................................19 07 Conclusion ............................................................................. 22 4 MIT Technology Review Insights
T
he emergence of consumer-facing generative
AI tools in late 2022 and early 2023 radically
shifted public conversation around the power
and potential of AI. Though generative AI had
been making waves among experts since
the introduction of GPT-2 in 2019, it is just now that
its revolutionary opportunities have become clear
to enterprise. The weight of this moment—and the
ripple effects it will inspire—will reverberate for
decades to come.

The impact of generative AI on economies and
enterprise will be revolutionary. McKinsey Global
Institute estimates that generative AI will add between $2.6 and $4.4 trillion in annual value to the global
01Executive
summary
economy, increasing the economic impact of AI as a
whole by 15 to 40%.1
The consultancy projects that AI will
automate half of all work between 2040 and 2060, with
generative AI pushing that window a decade earlier than previous estimates. Goldman Sachs predicts a 7%—or
nearly $7 trillion—increase in global GDP attributable to generative AI, and the firm expects that two-thirds of U.S. occupations will be affected by AI-powered automation.2 Text-generating AI systems, such as the popular
ChatGPT, are built on large language models (LLMs).

LLMs train on a vast corpus of data to answer questions or perform tasks based on statistical likelihoods. Rather than searching and synthesizing answers, they use
mathematical models to predict the most likely next
“I can’t think of anything that’s been more powerful
since the desktop computer.”
Michael Carbin, Associate Professor, MIT, and Founding Advisor, MosaicML MIT Technology Review Insights 5
• A trove of unstructured and buried data is now legible, unlocking business value. Previous AI initiatives had to focus on use cases where structured data was ready
and abundant; the complexity of collecting, annotating, and synthesizing heterogeneous datasets made wider
AI initiatives unviable. By contrast, generative AI’s new ability to surface and utilize once-hidden data will power extraordinary new advances across the organization.
• The generative AI era requires a data infrastructure
that is flexible, scalable, and efficient. To power
these new initiatives, chief information officers and
technical leads are embracing next-generation data
infrastructures. More advanced approaches, such as
data lakehouses, can democratize access to data and
analytics, enhance security, and combine low-cost
storage with high-performance querying.
• Some organizations seek to leverage open-source
technology to build their own LLMs, capitalizing on
and protecting their own data and IP. CIOs are already
cognizant of the limitations and risks of third-party
services, including the release of sensitive intelligence and reliance on platforms they do not control or have
visibility into. They also see opportunities around
developing customized LLMs and realizing value from
smaller models. The most successful organizations
will strike the right strategic balance based on a
careful calculation of risk, comparative advantage,
and governance.
• Automation anxiety should not be ignored, but
dystopian forecasts are overblown. Generative AI tools
can already complete complex and varied workloads,
but CIOs and academics interviewed for this report do
not expect large-scale automation threats. Instead,
they believe the broader workforce will be liberated
from time-consuming work to focus on higher value
areas of insight, strategy, and business value.
• Unified and consistent governance are the rails on
which AI can speed forward. Generative AI brings
commercial and societal risks, including protecting
commercially sensitive IP, copyright infringement,
unreliable or unexplainable results, and toxic content.

To innovate quickly without breaking things or getting
ahead of regulatory changes, diligent CIOs must address the unique governance challenges of generative AI,
investing in technology, processes, and institutional
structures.
word or output.3 “What was exciting to me, when I first interacted with ChatGPT, was how conversant it was,”
says Michael Carbin, associate professor at MIT and
founding advisor at MosaicML. “I felt like, for the first time, I could communicate with a computer and it could
interpret what I meant. We can now translate language
into something that a machine can understand. I can’t
think of anything that’s been more powerful since the
desktop computer.”
Although AI was recognized as strategically important
before generative AI became prominent, our 2022
survey found CIOs’ ambitions limited: while 94% of
organizations were using AI in some way, only 14%
were aiming to achieve “enterprise-wide” AI by 2025. By contrast, the power of generative AI tools to democratize AI—to spread it through every function of the enterprise, to support every employee, and to engage every
customer —heralds an inflection point where AI can
grow from a technology employed for particular use
cases to one that truly defines the modern enterprise.

As such, chief information officers and technical leaders will have to act decisively: embracing generative AI to seize its opportunities and avoid ceding competitive
ground, while also making strategic decisions about data infrastructure, model ownership, workforce structure,
and AI governance that will have long-term
consequences for organizational success.

This report explores the latest thinking of chief
information officers at some of the world’s largest and best-known companies, as well as experts from the
public, private, and academic sectors. It presents their thoughts about AI against the backdrop of our global
survey of 600 senior data and technology executives.4
Key findings include the following:
• Generative AI and LLMs are democratizing access to
artificial intelligence, finally sparking the beginnings of truly enterprise-wide AI. Powered by the potential of newly emerging use cases, AI is finally moving from pilot projects and “islands of excellence” to a generalized
capability integrated into the fabric of organizational workflows. Technology teams no longer have to “sell”
AI to business units; there is now significant “demand
pull” from the enterprise.
6 MIT Technology Review Insights
Source: Compiled by MIT Technology Review Insights, based on data from “Retail in the Age of Generative AI ,”5 “The Great Unlock: Large Language Models in Manufacturing,”6 “Generative AI Is Everything Everywhere, All at Once,”7 and “Large Language Models in Media & Entertainment,”8 Databricks, April–June 2023.

Generating forecasts for
complex scenarios
Analyzing massive volumes of
complex and unstructured data
Aggregating key metrics
across production systems
Automating creation of text,
charts, and graphs for reports
Analyzing operational concerns,
such as inventory and staffing
Optimizing pricing strategies
Auto-generating and adapting contracts,
purchase orders, and invoices
Understanding user preferences,
behaviors, and contextual cues
Automating and personalizing
customer service
Learning from previous and
unresolved support tickets
Providing intelligent scripts for
agent interactions
Developing personalized
marketing
Increasing precision and
effectiveness of ad targeting
Detecting security threats and
account takeover attempts
Analyzing communications for phishing
attempts and social engineering
generative AI
02 hanks to its flexibility and range, and
user-friendly, natural language–based
interface, generative AI is showing its mettle
everywhere from copywriting to coding. Its
power and potential to revolutionize how
work is done across industries and business functions
suggests it will have a reverberating impact like that of the personal computer, the Internet, or the smartphone, launching entirely new business models, birthing new
industry leaders, and making it impossible to remember
how we worked before its spread (see Figures 1 and 2).

This sudden focus on generative AI’s power and potential represents a marked shift in how enterprise thinks
about AI: until recently, AI adoption was uneven across industries and between functions within companies.

AI everywhere,
all at once
T
Figure 1: Enterprise applications and use cases for generative AI These are just a few of the business functions compellingly addressed by generative AI.

MIT Technology Review Insights 7
Our 2022 survey found just 8% of respondents saying
that AI was a critical part of three or more business
functions. Only in finance and IT did more than half of respondents say AI was a critical or widespread part of the function.

Before the advent of generative AI, only a rare few
organizations had made AI a critical capability across the business, or even aspired to. While 94% of organizations were already using AI in some way, only 14% of them
aimed to achieve “enterprise-wide AI,” defined as having AI being a critical part of at least five core functions, by 2025 (see Figures 3 and 4).

But now generative AI is changing the conversation.

Demonstrating applications in every business function,
AI is poised to spread enterprise wide. AI is now even
venturing assuredly into creative applications, once
considered a uniquely human endeavor. Adobe, for
example, has launched Firefly, a family of creative
generative AI models that act as a copilot to creative
and design workflows, according to Cynthia Stoddard,
the company’s senior vice president and chief
information officer. Firefly tools can recolor existing images, generate new images, and edit new objects
into and out of images, all based on a text description.

The energy and chemical industries are applying AI in
domains that had previously been inaccessible. Multiindustrials giant DuPont, for instance, had worked on chatbots for both employee and consumer interfaces
previously, but found their inaccuracy too frustrating. “LLMs now have the capability to achieve the necessary
accuracy, and at a faster pace,” says Andrew Blyton, vice president and chief information officer at DuPont Water & Protection. The company is now using AI in production scheduling, predictive reliability and maintenance, and sales price optimization applications.

Figure 2: Industry-specific applications and use cases
Every industry—and business—will find its own custom applications of generative AI technology.

Source: Compiled by MIT Technology Review Insights, based on data from “Retail in the Age of Generative AI,”9 “The Great Unlock: Large Language Models in Manufacturing,”10 “Generative AI Is Everything Everywhere, All at Once,”11 and “Large Language Models in Media & Entertainment,”12 Databricks, April–June 2023. •Uncovering potential trading signals and alerting
traders to vulnerable positions
• Accelerating underwriting decisions
• Optimizing and rebuilding legacy systems
• Reverse-engineering banking and insurance models
• Monitoring for potential financial crimes and fraud
• Automating data gathering for regulatory compliance
• Extracting insights from corporate disclosures
•Providing intelligent search and tailored content
discovery
• Writing engaging headlines and copy
• Providing real-time feedback on content quality
•Curating personalized playlists, news digests, and
recommendations
•Enabling interactive storytelling, driven by viewer
choices
• Delivering targeted offers and subscription plans
• Providing virtual fitting rooms
• Scheduling delivery and installation
• Providing in-store product-finding assistance
•Optimizing demand prediction and inventory planning
• Generating novel product designs
• Serving as expert copilot for technicians
• Allowing conversational interactions with machines
• Providing prescriptive and proactive field service
• Enabling natural language troubleshooting
• Assessing warranty status and documentation
•Understanding process bottlenecks and devising
recovery strategies
Consumer goods and retail Manufacturing
Media and entertainment Financial services
8 MIT Technology Review Insights
Figure 3: The great reconsideration
Before generative AI, few organizations had adopted AI as a critical part of any business function.

Not using
Widescale adoption of use cases
Piloting use cases
AI is now a critical part of the function
Limited adoption of use cases
Not applicable/not sure
Current AI adoption by function (2022)
Marketing and advertising
Sales
Finance
Product development
IT
HR
Supply chain and manufacturing
6% 14% 25% 46% 8%
4% 26% 46% 3%
4% 34% 37% 20% 5%
6% 17% 42% 23% 11%
4% 19% 42% 23% 10% 2%
2% 9% 22% 47% 20%
6% 16% 32% 34% 11% 1%
20%
Figure 4: Limited AI ambitions
Before generative AI, few organizations aimed to make AI a critical capability across key functions by 2025.

Source: MIT Technology Review Insights survey, 2022.
2025 forecast for AI adoption by function
Marketing and advertising
Sales
Finance
Product development
IT
HR
Supply chain and manufacturing
12% 21% 44% 20%
2% 12% 26% 37% 24%
3% 10% 22% 21% 43%
13% 18% 46% 21%
9% 17% 22% 49%
11% 19% 39% 27%
4% 8% 18% 30% 38%
2%
2%
3%
3%
MIT Technology Review Insights 9
information officer for information digital services
and operations. The firm is also streamlining legal,
regulatory, and human resources paperwork covering
its many jurisdictions, and even surfacing insights
from unstructured data in areas like recruitment
and performance.

Multinational organizations with assets stretching back decades have historically struggled to unify their digital infrastructure. Mergers and acquisitions have resulted
in fragmented IT architectures. Important documents,
from research and development intelligence to design
instructions for plants, have been lost to view, locked in offline proprietary file types. “Could we interrogate these documents using LLMs? Can we train models
to give us insights we’re not seeing in this vast world of documentation?” asks Blyton. “We think that’s an
obvious use case.” Language models promise to
make such unstructured data much more valuable.

Energy giant Shell concurs: “We’ve started to see
benefits because a lot of documentation previously
in repositories is now starting to come together,”
says Owen O’Connell, senior vice president and chief
High hopes
for health care
Health and medicine, a deeply human-centered
field, has also been a productive testing ground
for AI. In the lab, AI-powered tools have proven
their mettle at predicting protein structures,
aiding in drug discovery, and tracking the spread
of outbreaks, including the covid-19 pandemic.

Generative AI is now showing its promise as
a powerful assistant to front-line staff. Natural
language processing tools, for instance, can
transcribe and summarize medical notes, while
chatbots might be trained to answer consumer
medical questions.

Richard Spencer Schaefer, chief health
informatics officer at the Kansas City VA Medical
Center, which manages health care for American
military veterans, and AI solutions architect at
the VA’s National Artificial Intelligence Institute, is optimistic that automation and predictive analytics
could help the sector. The VA recently validated
a model that identified the 24-hour risk of a
patient admitted to hospital subsequently being
transferred to a higher level of care. “We found a
very significant improvement in the accuracy and
predictability of using that AI model, to a point
where there could be significant reduction in
mortality,” he reports.

Schaefer is also excited about the power of AI
to alleviate health-care employee fatigue while
building their trust, via small, practical operational
improvements. “I think where you’ll see much
quicker adoption in health care,” he says, “is in very
specific automated process-type improvements.”
The VA, for example, is currently working on an
AI-driven project to reduce unnecessary alarms
and alerts in its medical centers. Machine learning
models can help by defining dynamic and patientcentered thresholds for provider interventions, rather than relying on the alarm systems’ traditional
and static guardrails and thresholds. “For this to
work,” says Schaefer, “we have to build trust and
help health-care workers understand, hey, this is
what AI can do.”
“LLMs now have the
capability to achieve the
necessary accuracy, and
at a faster pace.”
Andrew Blyton, Vice President
and Chief Information Officer,
DuPont Water & Protection
10 MIT Technology Review Insights
03Building for AI
“We have aggregated data across
a lot of different technologies over
time, and I think what we’re finding
now is that the lakehouse has the
best cost performance straight off.”
Andrew Blyton, Vice President and
Chief Information Officer, DuPont Water
& Protection
I applications rely on a solid data
infrastructure that makes possible the
collection, storage, and analysis of its
vast data-verse. Even before the business
applications of generative AI became
apparent in late 2022, a unified data platform for
analytics and AI was viewed as crucial by nearly 70%
of our survey respondents (see Figure 5).

Data infrastructure and architecture covers software
and network-related infrastructure, notably cloud or
hybrid cloud, and hardware like high-performance GPUs.

Enterprises need an infrastructure that maximizes the
value of data without compromising safety and security, especially at a time when the rulebook for data
protection and AI is thickening. To truly democratize
AI, the infrastructure must support a simple interface
that allows users to query data and run complex tasks
via natural language. “The architecture is moving in a
way that supports democratization of analytics,”
says Schaefer.

Data lakehouses have become a popular infrastructure
choice. They are a hybrid of two historical approaches— data warehouses and data lakes. Data warehouses came
to prominence in the 1980s to systematize business
intelligence and enterprise reporting. However,
warehouses do not offer real-time services, operating
on a batch processing basis, and cannot accommodate
emerging and non-traditional data formats. Data lakes,
favored for their ability to support more AI and data
science tasks, emerged more recently. But they are
complex to construct, slow, and suffer from inferior data quality controls. The lakehouse combines the best of
both, offering an open architecture that combines the
flexibility and scale of data lakes with the management and data quality of warehouses.

A
MIT Technology Review Insights 11
For the VA, the lakehouse is appealing because it
minimizes the need to move data, which creates privacy
and governance risks. “We face a significant challenge
in data movement, which is why we are dedicating
substantial resources and expertise to address it,”
says Schaefer.

DuPont has invested in multiple technology
infrastructures and has found the data lakehouse
promising. “We have aggregated data across a lot of
different technologies over time,” says Blyton, “and
I think what we’re finding now is that the lakehouse
has the best cost performance straight off, and hence
we’ve started investing more heavily in scaling.” For
DuPont, a data lakehouse provides visibility into a
complex organizational portfolio that includes years
of M&A activity and technical debt. “Making sense of
the data of our business has been the main reason to
invest in the data lakehouse approach,” says Blyton.
“How do I take multiple enterprise resource planning
systems (ERPs) of data, merge them together, and
give people almost real-time access to information
that previously was being done manually?”
The lakehouse abstracts complexity in a way that
allows users to perform advanced activities regardless
of technical competency. Shell has built an “enterprise layer” that allows users to interact dynamically.
“Previously, you had to go to data stores, extract the
data, cleanse it, and do multiple transform activities,” says O’Connell. The lakehouse approach allows users
to run workloads and do historical analysis and trendmatching themselves, while cloud services provide computational elasticity.

The data lakehouse supports both structured and
unstructured data, says O’Connell. “Typical databases
are designed for only one type of data,” he says.

Lakehouse “allows us to move much quicker. We have
all that data coming together into a common architecture that people can mix together and find business value
from.” This is crucial for a data-intensive company like Shell. For predictive maintenance alone, the company
has 17,000 models and 4 trillion rows of data—adding
another 20 billion per day from 3 million sensors across facilities around the world.

Data lakehouse adopters are using the technology
as part of a data strategy that enables practical
and impactful data and AI use cases. Says Schaefer,
Training Open AI’s GPT-3 cost more than $4 million,
while the training of Meta’s LLaMA model took
1 million GPU hours and cost over $2.4 million.13
Training an AI model is energy-consuming; it can
expend more electricity than 100 typical U.S. homes
over an entire year.14 The training of Open AI’s GPT3 consumed 1,287 MWh of electricity and emitted over 550 tons of carbon dioxide.15 “These models
are some of the most compute-heavy models you
can train,” says Shell’s Owen O’Connell.

Larger models are more expensive to train and run,
with the cost of each interaction roughly related to
the model’s size, says Michael Carbin, of MIT and
MosaicML. OpenAI is reportedly spending $40
million a month to process the queries entered by
users, while Microsoft’s Bing chatbot reportedly
needs $4 billion worth of infrastructure to serve its
potential user base.16 More efficient smaller models
(see next chapter) may be a promising alternative.

Companies will need to ramp up their attention
to efficiency while startups and researchers are
pioneering new ways to improve AI model efficiency.
“As our costs grow, we’re hiring engineers who
know how to optimize and control costs,” says
DuPont’s Andrew Blyton. “At some point, we get
much more efficient on a query or compute basis
because we can hire experts to optimize.” DuPont
also tracks and analyzes cloud computing costs at
a granular level. “We have some talented internal
capability, and we rely on our vendors to ensure
we’re optimizing everything. The wrong approach
here can have a significant impact on both time
and performance,” says Blyton.

Controlling the
data faucet
12 MIT Technology Review Insights
Figure 5: AI priorities for executives
“Democratizing the data is pretty expensive to do, and
historically there weren’t good resources for that. But we’re rapidly entering the era of lakehouse and hybrid
lake transactional models and software tools that are
finally playing together well enough. I think in health care particularly we’ll see a pretty rapid adoption of tools that improve operational efficiencies because we have a lot of opportunity to improve the way that we do things and a
lot of opportunity for process automation.”
Blyton adds that, at DuPont, “we are using the lakehouse and tools like the data lake to build a data foundation and apply ML algorithms to it. We are expanding predictive
maintenance using algorithms with third-party sensors to figure out when a machine’s going to break before it
breaks, as opposed to after it’s broken. These are good rock-solid business cases, real value being generated
from the investment that’s producing a tangible and a
measurable return for us.”
68% 78%
Scaling AI/ML use cases
to create business value
is a top priority
DISAGREE 12%
NEUTRAL 16%
DISAGREE 12%
NEUTRAL 20%
DISAGREE 9%
NEUTRAL 19%
Source: MIT Technology Review Insights survey, 2022.

AGREE
DISAGREE 8%
NEUTRAL 14%
We favor a multi-cloud
approach as a flexible
foundation for AI/ML
Unifying our data
platform for analytics
and AI is crucial to
our enterprise data
strategy
Data problems are
the most likely factor
to jeopardize our
AI/ML goals
AGREE
AGREE
“Typical databases are designed for
only one type of data. Lakehouse
allows us to move much quicker.”
Owen O’Connell, Senior Vice President and Chief Information Officer (Information Digital Services and Operations), Shell 72%
AGREE
72%
AGREE
MIT Technology Review Insights 13
04 Buy, build?
Open, closed?
Creating competitive risk is one worry. “You don’t
necessarily want to build off an existing model where
the data that you’re putting in could be used by that
company to compete against your own core products,”
says Carbin. Additionally, users lack visibility into the data, weightings, and algorithms that power closed models,
and the product and its training data can change at any time. This is particularly a concern in scientific R&D
where reproducibility is critical.17
Some CIOs are taking steps to limit company use of
external generative AI platforms. Samsung banned
ChatGPT after employees used it to work on
commercially sensitive code. A raft of other companies, including JP Morgan Chase, Amazon, and Verizon,
“If you care deeply about a particular
problem or you’re going to build a
system that is very core for your
business, it’s a question of who
owns your IP.”
Michael Carbin, Associate Professor, MIT,
and Founding Advisor, MosaicML
oday’s CIOs and leadership teams are
re-evaluating their assumptions on
ownership, partnership, and control as they
consider how to build on the capabilities of
third-party generative AI platforms.

Over-leveraging a general-purpose AI platform is unlikely to confer competitive advantage. Says Carbin, “If you
care deeply about a particular problem or you’re going
to build a system that is very core for your business, it’s a question of who owns your IP.” DuPont is “a science
and innovation company,” adds Blyton, “and there is a
need to keep LLM models internal to our organization,
to protect and secure our intellectual property—this is a critical need.”
T
14 MIT Technology Review Insights
have enacted restrictions or bans. “We can’t allow things like Shell’s corporate strategy to be flowing through
ChatGPT,” says O’Connell. And since LLMs harness the
totality of the online universe, he believes that companies will in the future be more cautious about what they put online in the first place: “They are realizing, hang on, someone else is going to derive a lot of value out of
my data.”
Inaccurate and unreliable outputs are a further worry.

The largest LLMs are, by dint of their size, tainted by false information online. That lends strength to the
argument for more focused approaches, according to
Matei Zaharia, cofounder and chief technology officer at Databricks and associate professor of computer science
at the University of California, Berkeley. “If you’re doing something in a more focused domain,” he says, “you
can avoid all the random junk and unwanted information
from the web.”
Companies cannot simply produce their own versions of
these extremely large models. The scale and costs put
this kind of computational work beyond the reach of all but the largest organizations: OpenAI reportedly used
10,000 GPUs to train ChatGPT.18 In the current moment,
building large-scale models is an endeavor for only the best-resourced technology firms.

Smaller models, however, provide a viable alternative.
“I believe we’re going to move away from ‘I need half a trillion parameters in a model’ to ‘maybe I need 7, 10, 30, 50 billion parameters on the data that I actually have,’” says Carbin. “The reduction in complexity comes by
narrowing your focus from an all-purpose model that
knows all of human knowledge to very high-quality
knowledge just for you, because this is what individuals in businesses actually really need.”
Thankfully, smaller does not mean weaker. Generative
models have been fine-tuned for domains requiring less
data, as evidenced through models like BERT—for
biomedical content (BioBERT), legal content (LegalBERT), and French text (the delightfully named CamemBERT).19 For particular business use cases,
organizations may choose to trade off broad knowledge
for specificity in their business area. “People are really looking for models that are conversant in their domain,” says Carbin. “And once you make that pivot, you start to realize there’s a different way that you can operate and be successful.”
Dolly: The $30
conversational LLM
In March 2023, Databricks released Dolly, an opensource LLM aimed at democratizing the power of generative AI.20 Trained for less than $30, it
demonstrated ChatGPT-like conversational ability
(namely, the ability to follow user instructions). It is based on the LLaMA tool from Meta, fine-tuned on
high-quality inputs crowdsourced from Databricks
employees. Dolly, named after the world’s first
cloned mammal, has just 6 billion parameters—
less than 3.5% of the 175 billion used in GPT-3.
“The highest-end models, with hundreds of billions
of parameters, can be very expensive to train and
run,” notes Databricks’s Matei Zaharia. These
costs leave many companies relying on proprietary
tools like ChatGPT or spending huge sums and
resources to build their own. While improved
hardware and software efficiencies will lower
costs over time, building models with trillions
of parameters will still be beyond reach for
many, he observes.

To provide an alternative to AI tools becoming
centralized in just a few large companies,
Databricks sought to develop an open-source
chat model that used open-source code and data
but also allowed commercial use. “The main thing
we wanted to investigate,” says Zaharia, “is how
expensive is it to create one using just public data
sets that are out there, using open-source code
and using or collecting training data that is opensource and is runnable by everyone.” Databricks open-sourced the training code,
data set, and model weights for Dolly. Its April
2023 release, Dolly 2.0, is the first open-source
LLM licensed for commercial use.21 This allows
companies to combine their own data with
the Databricks data set to build personalized
applications that will not compromise their IP
or corporate information.

By enabling companies to cheaply build and
customize their own tools, platforms like Dolly
can democratize access to generative AI.

MIT Technology Review Insights 15
Smaller open-source models, like Meta’s LLaMA,
could rival the performance of large models and allow
practitioners to innovate, share, and collaborate. One
team built an LLM using the weights from LLaMA at a
cost of less than $600, compared to the $100 million
involved in training GPT-4. The model, called Alpaca,
performs as well as the original on certain tasks.22 Open source’s greater transparency also means researchers
and users can more easily identify
biases and flaws in these models.
“Much of this technology can be within the reach of
many more organizations,” says Carbin. “It’s not just the OpenAIs and the Googles and the Microsofts of the
world, but more average-size businesses, even startups.” “People are starting to think a lot more about data as
a competitive moat,” says Zaharia. “Examples like
BloombergGPT [a purpose-built LLM for finance]
indicate that companies are thinking about what they
can do with their own data, and they are commercializing their own models.”
“Companies are going to extend and customize these
models with their own data, and to integrate them into
their own applications that make sense for their
business,” predicts Zaharia. “All the large models that you can get from third-party providers are trained on
data from the web. But within your organization, you have a lot of internal concepts and data that these models
won’t know about. And the interesting thing is the model doesn’t need a huge amount of additional data or training time to learn something about a new domain,” he says.
“All the large models that you can get from third-party providers are trained on data from the web. But within
your organization, you have a lot of internal concepts
and data that these models won’t know about.”
Matei Zaharia, Cofounder and Chief Technology Officer, Databricks, and Associate Professor of Computer Science, University of California, Berkeley 16 MIT Technology Review Insights
rom the telephone to the desktop computer,
every leap in everyday technology sparks
worries about unemployment and threats
to human craft and skill. But generative AI
appears to mark a new phase given the
unprecedented range of tasks that can now feasibly
be automated. Uniquely, some of the most automationvulnerable sectors today are in high-end technical and creative fields.

An Accenture analysis determined that 40% of
working hours across industries could be automated or
augmented by generative AI, with banking, insurance,
capital markets, and software showing the highest
potential.23 McKinsey projects that generative AI and
related technologies could automate activities that
currently take up 60 to 70% of worker time—up from
50% before the advent of generative AI.24
Goldman Sachs predicts that two-thirds of U.S.
occupations will be affected by AI-powered automation,
but does not expect this to lead to widespread job loss:
“Most jobs and industries,” the firm says, “are only
partially exposed to automation, and are thus more likely to be complemented rather than substituted by AI.” It
goes on to note that technology-related job losses tend to be balanced—and exceeded—by technology-related
job growth: “more than 85% of employment growth over
the last 80 years is explained by the technology-driven creation of new positions,” the authors write.25
05Workforce worries
“The technologies that
we’re putting in place are
enabling physicians to be
a part of the development
of AI, and because of the
level of validation involved,
I think there will be more
trust in the models that
we develop.”
Richard Spencer Schaefer,
Chief Health Informatics Officer,
Kansas City VA Medical Center
F The CIOs and academics interviewed for this report
offer an optimistic view on generative AI’s effects for enterprises and society at large. They believe AI could help sectors like health care where the workforce is
stretched, and that human experts will remain essential. “People are worried that they will lose their jobs because of AI, but that’s not the primary concern in health care,” says Schaefer. “The technologies that we’re putting
in place are enabling physicians to be a part of the
MIT Technology Review Insights 17
development of AI, and because of the level of
validation involved, I think there will be more trust in the models that we develop.” Humans are still necessary to
annotate, curate, expose models to data sets, and
provision for responsible AI. “We’ve got a way to go
where we can unleash AI to do our research because
there is so much hand-holding that happens at the
moment,” adds O’Connell.

Generative AI will also empower by democratizing
access to technical capabilities once confined to a slice of the workforce. Companies are already taking steps to encourage engagement. “We have created communities
of practitioners internally who do not necessarily have mainstream IT backgrounds,” says Blyton. “We want
to empower our business users to craft their own
dashboards and drive their own insights from data.” In
fact, this type of data democratization was already a top way that companies were generating tangible benefits
from AI in 2022, according to our survey (see Figure 6).

Blyton also predicts that ideas for AI will start coming from the workforce, marking the start of a more selfservice and entrepreneurial era within organizations.

According to O’Connell, business unit leaders, aware of AI thanks to the blizzard of coverage over recent months, are already creating a “demand pull” for AI applications, rather than technology teams having to sell AI ideas to the organization.

Over the last decade, software programming has been
among the most sought-after, highly paid roles in business.

Yet this is one domain where generative AI tools are
demonstrating utility, prompting concerns. CIOs and
technical leads interviewed for this report offer a more optimistic view. They expect rising demand for specialties such as operational efficiency and responsible AI, and
they believe programmers will shift their attention to
higher value and less tedious work. Blyton asks, “Do I
need someone to be laboriously typing six hours’ worth of code into an engine and trying to debug it for three days? I can see some huge efficiency by not doing that.”
Some expect programmers shift to chaperoning raw
initial ideas into more mature and business-ready
outputs. “It’s not hard to imagine that in the near future, you could use the English language to generate code,”
predicts Blyton. “In a year or so, my workflow could
involve business users doing parts of the analysis in
English language, and then I take the output code and
Figure 6: Most instrumental investment
areas for data and AI
When asked which investments have been instrumental to
creating benefits from AI/ML, business leaders are most likely to say democratizing data access and building
business intelligence infrastructure have already paid off.

Source: MIT Technology Review Insights survey, 2022.

Percentage of respondents who ranked each option
among their top three investments.

Democratizing data (internal/external data sharing)
0% 50%
Business intelligence/analytics infrastructure and tools 0% 50%
Data governance and management
0% 50%
Machine learning infrastructure
0% 50%
Talent and skills development
0% 50%
Improving data quality
0% 50%
Data acquisition
0% 50%
Unified data infrastructure
0% 50%
Open-source standards and formats
0% 50%
Process re-engineering
0% 50%
Cloud migration
0% 50%
Acquisition of AI start-ups
0% 50%
32%
32%
29%
29%
26%
24%
24%
24%
22%
20%
19%
19%
18 MIT Technology Review Insights
incorporate it into something more robust.” Stoddard
says AI is accelerating a trend already underway: “You
need people who understand math and science to work
with the models, and you need people who have deep
analytic ways of thinking. In my area, the roles have been migrating towards analytics, working with models,
understanding deviations and coding.”
CIOs largely frame AI as a copilot rather than a rival to human employees. Zaharia predicts that LLMs will allow
executives to acquire high-quality data for decisions,
saving time otherwise spent by analysts responding to
their on-demand report requests. But he adds, “I don’t
think they’ll be able to do extremely complicated work
that requires a lot of planning fully automatically. I don’t think there’s anyone whose job is just the super-simple stuff that can be done by a language model.” Stoddard
concurs: “Generative AI lets creators at all levels use their own words to generate content,” she says. “But I
don’t think it will ever replace humans. Instead, it’s
going to be an assistant to humans.”
She adds, “We internally view AI/ML as being a helper,
truly helping our people, and then allowing them to spend more time on other value-added activities.” At Adobe, a change management process was necessary to win over
the workforce. Says Stoddard, “Back when we started
this, I would say people were skeptical, but when they
saw that they were truly able to spend more time on value added, and in some cases, their jobs were upskilled,
people became believers, and they still are believers.” The democratization of access to technical tools
could be society-wide. “All these people who couldn’t
program or manipulate design software, what are the
new opportunities for them?” asks Carbin. “This is going to lower the barrier for people accessing technology
and programming or manipulating software. Now
you have this natural-language interface for design
software allowing you to navigate what was otherwise
an extremely difficult tool used only by the best
creative professionals.”
Risk aversion and cultural factors, like fear of failure, also need to be addressed to drive AI adoption in the
workforce. “Sometimes those who have been in or have
managed organizations in Japan for a very long time
and who are used to a certain style, don’t welcome
risk-taking as much as the newer members of the
business and commercial realm who constantly offer
unique ideas and are eager for change,” says Noriko
Rzonca, chief digital officer, Cosmo Energy Holdings.
“As a business, it may take a longer time to adapt to
and use new initiatives, but we are fortunate in the fact that improvement is something the Japanese are very
good at. As we adjust to using AI in business, I am
certain we will see great improvement and change to
the way businesses in Japan operate. I believe there
is huge potential in AI for Japan.”
Rzonca says that organizations will have to embrace
data and AI if they are to thrive: “In the next five to ten years we will see how quickly we can adapt, and
companies that fail to adapt, no matter how big, are
going to disappear.”
“In the next five to ten years we will see how quickly
we can adapt, and companies that fail to adapt,
no matter how big, are going to disappear.”
Noriko Rzonca, Chief Digital Officer, Cosmo Energy Holdings MIT Technology Review Insights 19
Risks and responsibilities
“If your entire business
model is based on the
IP you own, protection
is everything.”
Andrew Blyton, Vice President
and Chief Information Officer,
DuPont Water & Protection
06 I, and particularly generative AI, comes
with governance challenges that may
exceed the capabilities of existing data
governance frameworks. When working
with generative models that absorb and
regurgitate all the data they are exposed to, without
regard for its sensitivity, organizations must attend to security and privacy in a new way. Enterprises also
now must manage exponentially growing data sources
and data that is machine-generated or of questionable
provenance, requiring a unified and consistent
governance approach. And lawmakers and regulators
have grown conscious of generative AI’s risks, as well, leading to legal cases, usage restrictions, and new
regulations, such as the European Union’s AI Act.

As such, CIOs would be reckless to adopt AI tools without managing their risks—ranging from bias to copyright
infringement to privacy and security breaches. At Shell, “we’ve been spending time across legal, finance, data
privacy, ethics, and compliance to review our policies and frameworks to ensure that they’re ready for this and
adapted,” says O’Connell.

A One concern is protecting privacy at a time when reams of new data are becoming visible and usable. “Because the
technology is at an early stage, there is a greater need for large data sets for training, validation, verification, and drift analysis,” observes Schaefer. At the VA, “that opens up a Pandora’s box in terms of ensuring protected patient
health information is not exposed. We have invested
heavily in federally governed and secured high-compute
cloud resources.”
Commercial privacy and IP protection is a related concern. “If your entire business model is based on the IP you own, protection is everything,” says Blyton of DuPont. “There are many bad actors who want to get their hands on our
internal documentation, and the creation of new avenues for the loss of IP is always a concern.”
Another data governance concern is reliability. LLMs
are learning engines whose novel content is synthesized from vast troves of content and they do not differentiate true from false. “If there’s an inaccurate or out-of-date piece of information, the model still memorizes it. This is a problem in an enterprise setting, and it means that
companies have to be very careful about what goes into
the model,” says Zaharia. Blyton adds, “It’s an interesting thing with ChatGPT: you ask it the same question twice
and you get two subtly different answers; this does
make science and innovation company people raise
their eyebrows.”
Model explainability is key to earning the trust of
stakeholders for AI adoption and for proving the
technology’s business value. This type of explainability is already a priority in AI governance and regulation,
especially as algorithms have begun to play a role in
life-changing decisions like credit scoring or reoffending risk in the criminal justice system. Critics argue that AI 20 MIT Technology Review Insights
systems in sensitive or public interest domains should not be a black box, and “algorithmic auditing” has received growing attention.
“It’s pretty obvious there’s a lot riding on health-care model explainability,” says Schaefer. “We’ve been
working on model cards”—a type of governance
documentation that provides standardized info about
a model’s training, strengths, and weaknesses—“as
well as tools for model registries that provide some
explainability. Obviously algorithm selection is an
important consideration in model explainability, as well.” At Cosmo Energy Holdings, Rzonca considers how to
balance strong AI governance with empowerment. “We
are developing governance rules, setting them up, and
training people,” she says. “In the meantime, we are
trying to get something easy to adapt to, so people can feel and see the results.” To strike the balance, she pairs democratized access to data and AI with centralized
governance: “Instead of me doing everything directly,
I’m trying to empower everyone around and help them
realize they have the individual ability to get things done.

Thanks to an empowered team, I can be freed up to
The creative copilot: AI at Adobe
The creative industries are embracing
generative AI to empower design
professionals with fascinating new
abilities. The software firm Adobe is
now offering a suite of generative AI
design models called Adobe Firefly,
offering creative capabilities that
extend the powers of Photoshop,
Illustrator, Express, and its enterprise
offerings to new heights.

The company has also developed
Adobe Sensei GenAI to deliver more
speed and productivity in Adobe
Experience Cloud, as a copilot for
customer experience workflows.

This can improve enterprise
productivity and efficiency in areas
like personalized content, editing,
and conversational experience.
“Generative AI evolves the possibility
and promise of AI exponentially,” says
Adobe senior vice president and CIO
Cynthia Stoddard. “The tools are
becoming a lot stronger, and you can
do more, so you can transform the
conversation between the creator and
the computer into something that’s
easy, more natural to use, intuitive.”
Adobe is also using AI to optimize its
own back-office processes. Internally,
the company is deploying automation
to sift customer query tickets that can
be solved without human intervention,
reducing workloads and giving
customers a speedier resolution.

It has employed AI to catalog the
sprawling and often overlapping
software solutions used across
departments, rationalizing spending
and simplifying the technology stack.

Adobe has also built a “self-healing”
platform that identifies real or
emerging technical issues—the kinds
of faults a system administrator might
get called out in the middle of the night
to fix—and fixing them automatically.

Stoddard says, “as a company, AI is
core to delivering experiences to our
customers. Then as the IT organization,
we’re following those same principles
to inject capabilities into what we do to
make it easier for our constituents.”
“Generative AI evolves the
possibility and promise of
AI exponentially. You can
transform the conversation
between the creator and
the computer.”
Cynthia Stoddard, Senior Vice President
and Chief Information Officer, Adobe
MIT Technology Review Insights 21
“We are seeing the need
to have very integrated
governance models,
integrated governance
structures for all data
and all models.”
Richard Spencer Schaefer,
Chief Health Informatics Officer,
Kansas City VA Medical Center
focus on security and ensure data governance to avoid
any type of unfortunate data-related issue.”
The importance of unified governance to manage the
risks of generative AI was a common theme in our
interviews. Schaefer says, at the VA, “we are seeing
the need to have very integrated governance models,
integrated governance structures for all data and all
models. We’re putting a strong increased focus on very
centralized tools and processes that allow us to have an enterprise data structure.” And while unified governance was always a need, generative AI has raised the stakes. “The risk of having non-standardized non-well-defined
data running through a model, and how that could lead
to bias and to model drift, has made that a much more
important aspect,” he says.

Stoddard notes the importance of including a wide range of voices throughout the AI oversight process at Adobe:
“It’s important to have the element of diverse oversight through the whole process and to make sure that we
have diversity not only of things like ethnicity, gender, and sexual orientation, but also diversity of thought and professional experience mixed into the process and the
AI impact assessment.” And organization-wide visibility matters, too. Schaefer adds: “High on our list is getting governance tools in place that provide a visual
overview of models that are in development, so that
they can be spoken to by leadership or reviewed by
stakeholders at any time.”
Constitutional AI, an approach currently advocated
by the startup Anthropic, provides LLMs with specific
values and principles to adhere to rather than relying
on human feedback to guide content production.26
A constitutional approach guides a model to enact
the norms outlined in the constitution by, for example, avoiding any outputs that are toxic or discriminatory.

And though the risks they bring to the enterprise are
substantial, on the flip side, AI technologies also offer great power in reducing some business risks. Zaharia
notes, “analyzing the results of models or analyzing
feedback from people’s comments does become easier
with language models. So it’s actually a bit easier to detect if your system is doing something wrong and we’re seeing a little bit of that.” Our 2022 survey found that security and risk management (31%) was the top tangible benefit to AI executives had noted to date, while fraud detection (27%), cyber security (27%), and risk management (26%) were
the top three positive impacts anticipated by 2025.

A powerful new technology like generative AI brings
with it numerous risks and responsibilities. Our interviews suggest that a motivated AI community of practitioners, startups and companies will increasingly attend to
the governance risks of AI, just as they do with
environmental sustainability, through a mixture of
public interest concern, good governance, and
brand protection.
22 MIT Technology Review Insights
I has been through many springs and
winters over the last half century. Until
recently, it had made only limited inroads
into the enterprise, beyond pilot projects or
more advanced functions like IT and finance.

That is set to change in the generative AI era, which is sparking the transition to truly enterprise-wide AI.

Few practitioners dismiss generative AI as hype. If
anything, its critics are more impressed by its power
than anyone. But executives and experts believe that
organizations can reap the fruits of the new harvest and also attend to its risks. Commercial organizations and
governments alike have to tread a fine line between
embracing AI to accelerate innovation and productivity
while creating guardrails to mitigate risk and anticipate the inevitable accidents and mishaps ahead.

With these precautions in mind, the most forwardlooking CIOs are moving decisively into this AI era. “People who went through the computer and Internet
revolution talk about when computers first came online,” says Blyton. “If you were one of those people who
learned how to work with computers, you had a very
good career. This is a similar turning point: as long as you embrace the technology, you will benefit from it.”
07Conclusion
A
“If you were one of those
people who learned how
to work with computers,
you had a very good career.

This is a similar turning
point: as long as you
embrace the technology,
you will benefit from it.”
Andrew Blyton, Vice President
and Chief Information Officer,
DuPont Water & Protection
While every effort has been taken to verify the accuracy of this information, MIT Technology Review Insights cannot accept any responsibility or liability for reliance by any person on this report or any of the information, opinions, or conclusions set out in this report. © Copyright MIT Technology Review Insights, 2023. All rights reserved.

Illustrations
All illustrations assembled from Adobe Stock and The Noun Project icons.

About Databricks
Databricks is the Data and AI company. More than 10,000 organizations worldwide—including Comcast, Condé Nast, and over 50% of the Fortune 500—rely on the Databricks Lakehouse Platform to unify their data, analytics and AI. Databricks is headquartered in San Francisco, with offices around the globe. Founded by the original creators of Apache Spark™, Delta Lake and MLflow, Databricks is on a mission to help data teams solve the world’s toughest problems. In April 2023, Databricks released Dolly, the world’s first open source, instruction-following LLM, fine-tuned on a human-generated instruction dataset licensed for research and commercial use. To learn more, follow Databricks on Twitter, LinkedIn, and Facebook.

About MIT Technology Review Insights
MIT Technology Review Insights is the custom publishing division of MIT Technology Review, the world’s longest-running technology magazine, backed by the world’s foremost technology institution—producing live events and research on the leading technology and business challenges of the day. Insights conducts qualitative and quantitative research and analysis in the U.S. and abroad and publishes a wide variety of content, including articles, reports, infographics, videos, and podcasts. And through its growing MIT Technology Review Global Insights Panel, Insights has unparalleled access to senior-level executives, innovators, and thought leaders worldwide for surveys and in-depth interviews.

Endnotes

1. “The economic potential of generative AI,” McKinsey & Company, June 14, 2023, https://www.mckinsey.com/capabilities/mckinsey-digital/our-insights/the-economic-potential-of-generative-ai-the-next-productivity-frontier#/.

2. “Generative AI could raise global GDP by 7%,” Goldman Sachs, April 5, 2023, https://www.goldmansachs.com/intelligence/pages/generative-ai-could-raise-global-gdp-by-7-percent.html.

3. Jim Euchner, “Generative AI,” Research-Technology Management, April 20, 2023, https://doi.org/10.1080/08956308.2023.2188861.

4. “CIO vision 2025: Bridging the gap between BI and AI,” MIT Technology Review Insights, September 2022, https://www.technologyreview.com/2022/09/20/1059630/cio-vision-2025-bridging-the-gap-between-bi-and-ai/.

5. “Retail in the Age of Generative AI,” Databricks, April 13, 2023, https://www.databricks.com/blog/2023/04/13/retail-age-generative-ai.html.

6. “The Great Unlock: Large Language Models in Manufacturing,” Databricks, May 30, 2023, https://www.databricks.com/blog/great-unlock-large-language-models-manufacturing.

7. “Generative AI Is Everything Everywhere, All at Once,” Databricks, June 7, 2023, https://www.databricks.com/blog/generative-ai-everything-everywhere-all-once.

8. “Large Language Models in Media & Entertainment,” Databricks, June 6, 2023, https://www.databricks.com/blog/large-language-models-media-entertainment.

9. Ibid.

10. Ibid.

11. Ibid.

12. Ibid.

13. Jonathan Vanian and Kif Leswing, “ChatGPT and generative AI are booming, but the costs can be extraordinary,” CNBC, March 13, 2023, https://www.cnbc.com/2023/03/13/chatgpt-and-generative-ai-are-booming-but-at-avery-expensive-price.html.

14. Josh Saul and Dina Bass, “Artificial Intelligence Is Booming—So Is Its Carbon Footprint,” Bloomberg, March 9, 2023, https://www.bloomberg.com/news/articles/2023-03-09/ how-much-energy-do-ai-and-chatgpt-use-no-one-knows-for-sure#xj4y7vzkg.

15. Chris Stokel-Walker, “The Generative AI Race Has a Dirty Secret,” Wired, February 10, 2023, https://www.wired.co.uk/article/the-generative-ai-search-race-has-a-dirty-secret.

16. Vanian and Leswing, “ChatGPT and generative AI are booming,” https://www.cnbc.com/2023/03/13/chatgpt-and-generative-ai-are-booming-but-at-a-very-expensive-price.html.

17. Arthur Spirling, “Why open-source generative AI models are an ethical way forward for science,” Nature, April 18, 2023, https://www.nature.com/articles/d41586-023-01295-4.

18. Sharon Goldman, “With a wave of new LLMs, open-source AI is having a moment—and a red-hot debate,” VentureBeat, April 10, 2023, https://venturebeat.com/ai/with-a-wave-of-new-llms-open-source-ai-is-having-a-moment-and-a-red-hot-debate/.

19. Thomas H. Davenport and Nitin Mittal, “How Generative AI Is Changing Creative Work,” Harvard Business Review, November 14, 2022, https://hbr.org/2022/11/how-generative-ai-is-changing-creative-work.

20. “Hello Dolly: Democratizing the magic of ChatGPT with open models,” Databricks, March 24, 2023, https://www.databricks.com/blog/2023/03/24/hello-dolly-democratizing-magic-chatgpt-open-models.html.

21. “Introducing the World’s First Truly Open Instruction-Tuned LLM,” Databricks, April 12, 2023, https://www.databricks.com/blog/2023/04/12/dolly-first-open-commercially-viable-instruction-tuned-llm.

22. “Just how good can China get at generative AI?” The Economist, May 9, 2023, https://www.economist.com/business/2023/05/09/just-how-good-can-china-get-at-generative-ai.

23. “Gen AI LLM—A new era of generative AI for everyone,” Accenture, April 17, 2023, https://www.accenture.com/content/dam/accenture/final/accenture-com/document/Accenture-A-New-Era-of-Generative-AI-for-Everyone.pdf.

24. “The economic potential of generative AI,” McKinsey & Company, June 14, 2023, https://www.mckinsey.com/capabilities/mckinsey-digital/our-insights/the-economic-potential-of-generative-ai-the-next-productivity-frontier#/.

25. “Generative AI could raise global GDP by 7%,” Goldman Sachs, April 5, 2023, https://www.goldmansachs.com/intelligence/pages/generative-ai-could-raise-global-gdp-by-7-percent.html.

26. “Claude’s Constitution,” Anthropic, May 9, 2023, https://www.anthropic.com/index/claudes-constitution. .

MIT Technology Review Insights
www.technologyreview.com
[email protected]

CITY OF STANTON

ADMINISTRATIVE POLICY
Number
II-2-10
Date
5/28/2024
SUBJECT:

CITY USE OF ARTIFICIAL INTELLIGENCE
City Manager
Administrator
Administration/Information
Technology
Purpose:

The purpose of this Administrative Policy (policy) is to establish guidelines and principles for the responsible and ethical use of Artificial Intelligence (AI) technologies within the City of Stanton. This document aims to harness the potential of AI to enhance public services, improve efficiency, and drive innovation, while ensuring that its deployment upholds the values of transparency, accountability, fairness, privacy, and inclusivity.

Scope:

This policy applies to all city departments, agencies, and entities involved in the development, procurement, deployment, or use of AI technologies. This policy is currently concerned with solutions that use a specific type of AI called generative AI. Examples include ChatGPT and Google Gemini, as well as products from Stability.ai, Jasper.ai, and similar. This policy also acknowledges that the boundaries of such solutions can be complex to define, and the nature of technology is changing at a high rate. In the event of uncertainty in how any part of this regulation applies, staff should first seek guidance from a supervisor.

Regulation Statement:

Usage of AI technologies within the City of Stanton shall ensure that confidential City information is not compromised, that generated content is always validated by a person before publishing, and that responsible City employees know, and are comfortable with, the extent to which data we provide to an AI tool may be shared with non-City audiences.

AI is a tool, much like a Google search but more sophisticated. Nevertheless, ultimately the people using the tools are responsible for the outcomes. City users of AI tools must remain mindful of this reality. Technology enables employee’s work; it does not replace employee nor accountability.

Benefits of AI
Generative AI can be used to generate new ideas, solve problems, and create new products. It can help organizations save time and money, as well as increase efficiency and improve the quality of work products. Additionally, generative AI can help organizations make better decisions, be more creative, and improve their customer services experience. Some of the directs benefits may include:

Attachment: B
Click here to return to the agenda.

A. Increased Efficiency: Generative AI can be used to automate tasks that would otherwise require manual labor. This can help organizations save time and money, as well as increase efficiency. AI can be used to generate text quickly and accurately, which can be used in marketing campaigns or other projects.

B. Improved Quality: Generative AI can help improve the quality of content generated. It can be used to create high-quality images and videos that are more visually appealing than those created manually. Additionally, generative AI can be used to generate text that is more accurate and relevant than text created by humans.

C. Faster Results: Generative AI can help organizations get results faster than they would with manual labor. For example, generative AI can be used to generate images and videos in a fraction of the time it would take a human to do the same task. This can help organizations get their projects done faster and more efficiently.

D. Cost Savings: By automating tasks, organizations can reduce their labor costs and save money. Additionally, generative AI can help organizations reduce costs associated with creating content, such as images and videos.

E. Improved Decision Making: By using generative AI, organizations can generate data that can be used to make better decisions. For example, generative AI can be used to generate data that can be used to make decisions about marketing campaigns or product development.

F. Increased Creativity: Generative AI can help organizations be more creative. By using generative AI, organizations can generate new ideas and concepts that can be used to create new products or services. Additionally, generative AI can be used to generate text or images and videos that are more visually appealing than those created manually.

G. Improved Customer Experience: Generative AI can help organizations improve their customer experience. By using generative AI, organizations can generate content that is more accurate and relevant to their customers. This can help organizations create a better customer experience and increase customer satisfaction.

Risks of AI
While generative AI has many potential benefits, there are also several areas of concern associated with its use.

A. Bias: Generative AI models are only as unbiased as the data they are trained on. If the training data contains biased or discriminatory content, the generative AI model will also produce biased or discriminatory content.

B. Misuse: Generative AI can be used to create realistic fake content, such as fake news or deepfakes, which can be used to spread misinformation or manipulate public opinion.

C. Privacy: Generative AI can also be used to create realistic fake content, such as fake images or videos, that can be used to violate people's privacy by creating fake pornographic or compromising material.

D. Intellectual property: There are concerns about the use of generative AI to create content that infringes on the intellectual property rights of others.

E. Safety: There are concerns about the safety risks of generative AI, particularly in areas such as autonomous vehicles or robotics, where generative AI could potentially create unsafe or dangerous situations.

F. Ethics: There are broader ethical concerns about the use of generative AI, particularly in areas such as art or literature, where there are questions about the authenticity and originality of the content created by generative AI.

It is important to address these areas of concern through the responsible and ethical use of generative AI, including careful selection of training data, transparency about how generative AI is being used, and appropriate regulation and oversight of its use within the agency.

Acceptable Uses of Generative AI
The range of uses of generative AI are wide and new capabilities are being frequently introduced. This list provides a small set of staff usage examples that can be used as guidance.

A. Creating an outline for written content. The generative AI content is used as a starting point, but the final product is created by staff. Examples include:
• Letters
• Emails
• Project documentation
• Speaker notes
• Presentation slides
• Social media posts
• RFPs and similar
• Web content
• Reports
• Procedures
• Policies
• Job descriptions
• Press releases
B. Copying a document into a generative AI tool for the purposes of summarizing and/or querying it.

C. Suggesting writing improvements.

D. Learning about and exploring topics.

E. Analyzing different types of data.

F. Idea generation.

G. Research.

Rules and Requirements for Using Generative AI
Information Technology (IT) develops, delivers, operates, and supports solutions that help City departments efficiently and effectively deliver equitable and responsive services to the public.

Employees are entrusted with responsibly stewarding the public’s data and protecting the City’s IT systems. The emergence of generative AI provides both opportunities that can help deliver services, but it also has risks that can threaten employee’s responsibilities.

Because the generative AI is emergent and rapidly evolving, the potential policy impacts and risks to the City are not yet fully understood. The use of generative AI systems within the City can have unanticipated and unmitigated impacts.

A. Employees shall obtain IT division approval before accessing or acquiring an AI product.

The IT division will maintain a list of approved AI products; anything not already on the approved list must be reviewed and approved by IT prior to introduction or use.

B. All generative AI tools used for work purposes require an account that is explicitly for City use. Employees may not use personal accounts.

C. Employees should assume that all use of generative AI tools and content are subject to relevant public record requests.

D. Employees should only provide input content that is okay for public disclosure.

E. Employees are responsible for all outcomes of generative AI.

F. Employees shall conduct a fact check and review all content generated by AI.

G. Employees shall provide attribution whenever generated content is published including images.

H. Employees shall log use of generative AI for possible reference purposes later.

I. Employees should not use generative AI to generate code or audio at this time.

Roles and Responsibilities
The IT division will oversee all AI initiatives, in concert with representatives from sponsoring departments. Each city department involved in AI projects will consult with IT to coordinate and ensure compliance with this regulation. Non-compliance may result in department directors imposing disciplinary action, restriction of access, or more severe penalties up to and including termination of employment or vendor contract.

The IT division will establish an ongoing evaluation and monitoring process to assess the effectiveness, fairness, and safety of AI systems. Periodic audits will be conducted to identify and address any issues related to compliance and ethical considerations. 1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 28, 2024
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER’S

REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR
STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR
FISCAL YEAR 2024-25
REPORT IN BRIEF:

On February 27, 2024, the City Council adopted Resolution No. 2024-04, initiating proceedings for the annual levy of assessments and ordered the Engineer to prepare a report in accordance with Section 22565 et seq. of the State of California Streets and Highways Code. The Engineer has filed a report with the City Clerk in compliance with Council direction. The proposed resolution would preliminarily approve the report.

RECOMMENDED ACTION:

FOR THE ANNUAL LEVY OF ASSESSMENTS FOR STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025.”
Item: 9G
Click here to return to the agenda.
2 BACKGROUND:

The Stanton Lighting and Landscaping District No. 1 (“District”) was formed on March 10, 1981, and currently provides funding for maintenance and improvements for the City’s street lights, traffic signals, and medians. Each parcel in the City is assessed a proportionate share of the District’s costs each year. The assessment appears on the property tax bill. Assessments are established upon an Engineer’s assessment of each property’s relative benefit from the services provided by the District.

Each year, an update to the Engineer’s report must be produced relative to the District’s annual assessments. The Engineer’s Report was provided to the City Clerk on May 16, 2024. Staff is recommending the City Council approve Resolution No. 2024-14 to approve this report.

FISCAL IMPACT:

The proposed assessments will provide funding for maintenance and improvements for the City’s street lights, traffic signals, and medians.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the regular agenda posting process.

STRATEGIC PLAN OBJECTIVE:

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

Prepared by: Michelle Bannigan, Finance Director
Reviewed by: Cesar Rangel P.E., Director of Public Works/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Resolution No. 2024-14
RESOLUTION NO. 2024-14

Page 1 of 2 ends

RESOLUTION NO. 2024-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER’S REPORT FOR THE

ANNUAL LEVY OF ASSESSMENTS FOR STANTON LIGHTING AND
LANDSCAPING DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2025
WHEREAS, on February 27, 2024, the City Council adopted Resolution No. 2024-04 initiating proceedings for the annual levy of assessments within Stanton Lighting and Landscaping District No. 1 and ordered the Engineer to prepare a report in accordance with Section 22565 et seq. of the State of California Streets and Highways Code; and WHEREAS, pursuant to said Resolution, the Engineer has filed a report (the “Engineer’s Report”), with the City Clerk on the 16th day of May 2024 (“Exhibit A”); and WHEREAS, the City Clerk has submitted the report to the City Council and the City Council has reviewed and examined the report as so submitted.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1: The City Council further finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(4) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly, or indirectly).

SECTION 2: The Report prepared by the Engineer for Fiscal Year 2024-25 in connection with Stanton Lighting and Landscaping District No.1, including the description of the improvements, estimated costs and explanations as filed with the City Clerk on the 16th day of May 2024, is hereby preliminarily approved. This report shall stand as the Engineer’s Report for the purposes of all subsequent proceedings pursuant to the City Council’s Resolution of Intention.

SECTION 3: A copy of the report shall remain on file in the office of the City Clerk.

SECTION 4: The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, ADOPTED, AND SIGNED this 28th day of May, 2024.

DAVID J. SHAWVER, MAYOR
Attachment: A
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RESOLUTION NO. 2024-14

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APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-14 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on May 28, 2024, and that the same was adopted, signed, and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ, CITY CLERK

CITY OF STANTON
ENGINEER’S REPORT

LIGHTING AND LANDSCAPING
DISTRICT NO. 1
FISCAL YEAR 2024-25

ORANGE COUNTY, CALIFORNIA
May 16, 2024

PREPARED BY
101 Progress, Suite 250
Irvine, CA 92618
www.weareharris.com

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25

TABLE OF CONTENTS
Statement of Assessment Engineer .............................................................................. i Part I - Overview ........................................................................................................... 1 Part II - Plans and Specifications ................................................................................... 2 Part III – Cost Estimate .................................................................................................. 4 Part IV - Method of Apportionment ............................................................................. 6 Appendix A - Assessment District Diagram ................................................................. 11 Appendix B- Assessment Roll ...................................................................................... 12 Appendix C - 5-Year Fund Review ............................................................................... 13

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
i
ENGINEER’S CERTIFICATION
Statement of Assessment Engineer
AGENCY: THE CITY OF STANTON
PROJECT: LIGHTING AND LANDSCAPING DISTRICT NO. 1
TO: THE CITY COUNCIL OF THE

CITY OF STANTON

STATE OF CALIFORNIA
ENGINEER’S REPORT FOR FISCAL YEAR 2024-25
The preparation of this Annual Engineer’s Report (“Report”) is in conformance with the obligation of the City Council for the Lighting and Landscaping District No. 1 of the City of Stanton to provide landscaping and street lighting services upon each lot or parcel of land in the district in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2024-25.

Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) (“Act”), Article XIIID, Section 5(a) of the State of California Constitution, and in accordance with the Stanton’s Resolution being adopted by the City Council for:

LIGHTING AND LANDSCAPING DISTRICT NO. 1
(Hereinafter referred to as the “District”),
I, Alison Bouley, authorized representative of the District, the duly appointed Assessment Engineer submit the following Report which consists of the following four (4) parts and Appendices:

PART I
Overview: Provides the background and reason for the District.

PART II
Plans and Specifications: Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk and are incorporated herein by reference.

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PART III
Cost Estimate: An estimate of the costs of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk and incorporated herein by reference.

PART IV
Method of Apportionment: The method of apportionment of assessments, indicating the proposed assessment of the net amount of the costs and expenses of the improvements to be assessed upon the several lots and parcels of land within the District, in proportion to the estimated benefits to be received by such lots and parcels. The Assessment Roll is filed in the Office of the City Clerk and by reference is made a part hereof.

Appendices
Appendix A – Assessment Diagram
Appendix B – Assessment Roll
Appendix C – 5 Year Projection
In conclusion, it is my opinion that the costs and expenses of the District have been assessed to the lots and parcels within the boundaries of the District in proportion to the estimated benefits to be received by each lot or parcel from the services provided.

DATED: May 16, 2024
___________________________________________
Alison Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work
State of California

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
1 PART I – OVERVIEW
The purpose of this Report is to set forth findings and engineering analysis for the Lighting and Landscaping District No. 1 for the 2024-25 Fiscal Year. The boundaries of the District are coterminous with the boundaries of the City of Stanton. This District, utilizing direct benefit assessments, (1) supplements revenue generated by the existing 1919 Act Stanton Municipal Lighting District to fund the maintenance and operation of the City’s street lighting system and costs of providing maintenance and operation of the traffic signals in the City, and (2) covers the costs of maintaining median landscaping in the City of Stanton.

The City Council of Stanton adopted Resolution No. 81-20 on March 10, 1981, which formed the Lighting and Landscaping District No. 1 in accordance with the requirements of the Landscaping and Lighting Act (Streets and Highways Code 22500) and confirmed assessments for the first Fiscal Year, 1981-82. The City Council has conducted the proceedings required annually to levy the assessment. This Report covers the levy of annual assessments for the 2024-25 Fiscal Year.

This Report, as signed and presented to the Council for approval, has been prepared according to the methodology and rates approved by the City Council in 1981. Article XIIID of the California Constitution exempted certain assessments which were in existence prior to the passage of Proposition 218 in November, 1996. The City has determined that all of the improvements and the annual assessments for the District are for the maintenance and operation of lighting and landscaping within the public street right-of-way. As such, the current assessment amount is exempt from the procedures and approval process set forth in Article XIIID Section 4.

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
2 PART II – PLANS AND SPECIFICATIONS
The facilities, which will be maintained using assessment proceeds within the City of Stanton, and those which may be subsequently serviced and maintained are generally described as follows:

The proposed improvements for Fiscal Year 2024-25 may be generally described as the continued maintenance services and operation of landscaping, lighting and appurtenant facilities that are located in and along such streets and sidewalks within the District. This includes, but is not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services.

Reference is made to Part "IV" of this Report for a discussion of the Zones of Benefit and the facilities associated with them, which are serviced and maintained. The facilities are described as follows:

Landscaping and Appurtenant Facilities
Facilities include, but are not limited to: Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of said Assessment District. In addition, median landscaping is maintained by the District as follows:

Lighting, Traffic Signals and Appurtenant Facilities
Facilities include, but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of said Assessment District.

The public lighting system shall be maintained to provide adequate illumination. The traffic signal system shall be maintained based on the City specifications and current industry standards. Electricity for street lights and traffic signals shall be furnished by the Southern California Edison Company, and it shall be adequate for the intended purpose. Rates for power shall be those authorized by the California Public Utilities Commission.

Area Street Limits

0.92 Ac. Katella Avenue West City Limits to Beach Boulevard

2.52 Ac. Beach Boulevard South City Limits to North City Limits

0.16 Ac. Village Center Drive South City Limits to Beach Boulevard

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
3 Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the landscaping, public lighting facilities, including repair, removal or replacement of all or part of any of the landscaping and public lighting facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti.

Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities, and the furnishing of electric energy for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities.

The plans and specifications for the improvements, showing the general nature, location, and the extent of the improvements, are on file in the office of the City Clerk and are by reference herein made a part of this Report.

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
4 PART III – COST ESTIMATE
The City's budget for the operations and services costs of the street lighting and median landscaping improvements, shown below, detail the estimated costs and fund balances for Fiscal Year 2024-25 as available at the time of preparation of this Report.

The Landscape and Lighting Act of 1972 (“Act” or “1972 Act”) provides that the total cost can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with the district proceedings.

In 2019 the City purchased 960 street lights within the City, previously owned and maintained by Southern California Edison Company (SCE). The City has assumed responsibility for the servicing and maintenance of those lights. The 1919 Act funds were used to convert the lights to LED.

Estimated expenditures and revenues for the maintenance and operation for Fiscal Year 2024-25 are as follows:

Estimated Expenditures
Expenditures - O & M $ 250,000.00 $ 231,000.00 $ 278,665.00 $ 759,665.00 Expenditures - Capital
Tree Planting $ - $ - $ 20,000.00 $ 20,000.00
Subtotal Expenditures: $ 250,000.00 $ 231,000.00 $ 298,665.00 $ 779,665.00 Estimated Revenues
1919 Act Revenues $ 816,800.00 $ - $ - $ 816,800.00
Other Revenues $ 12,500.00 $ 12,500.00
Interest $ -
1919 Act Fund $ 25,000.00 $ - $ - $ 25,000.00
1972 Act Fund $ - $ 20,000.00 $ 20,000.00
Subtotal Revenues: $ 841,800.00 $ 12,500.00 $ 20,000.00 $ 874,300.00 Reserves Transfer Detail
Median Reserves $ - $ (218,500.00) $ (73,029.06) $ (291,529.06) 1919 Act Lighting Reserves $ 591,800.00 $ - $ - $ 591,800.00 Subtotal Reserves: $ 591,800.00 $ (218,500.00) $ (73,029.06) $ 300,270.94 2024-25 NET ASSESSMENT $ 205,635.94 $ 205,635.94

OPERATIONS AND SERVICE COST SUMMARY BY BUDGET CATEGORY
Street Lighting
System
Traffic
Signals
Maintenance of
all Medians Total

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
5 The following table is a summary of the District fund balances. A five-year review of the estimated revenue, expenditures and fund balance is provided in Appendix C.

The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District.

Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next Fiscal Year.

Beginning Fund Balance $ 524,101.00 $ 619,685.00 $1,143,786.00 Less Transfers
Street Lighting $ 591,800.00 $ 591,800.00
Traffic Signals $ (218,500.00) $ (218,500.00)
Median Maintenance $ (73,029.06) $ (73,029.06)
Estimated Ending Fund Balance $ 1,115,901.00 $ 328,155.94 $ 1,444,056.94 1919 Act LLMD

FUND BALANCE SUMMARY
Total

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
6 PART IV - METHOD OF APPORTIONMENT

GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the 1972 Act, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include the construction, maintenance and servicing of street lights, traffic signals and landscaping.

Section 22573 of the Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

Because assessments are levied on the basis of benefit, they are not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution.

The Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the Act requires the levy of a true "assessment" rather than a "special tax."
The Act also permits certain parcels to be exempt from assessment. Excepted from these assessments are areas of all publicly owned property such as: public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, all public easements and rights-of-way, all public parks, green belts and parkways, and all public property being used for public purposes.

BENEFIT ANALYSIS
All parcels in the City of Stanton derive benefit from the street lighting system and arterial highway median maintenance on Beach and on Katella. The intent of this Report is to establish a methodology that fairly distributes the cost of the system in relation to the benefits received. A portion of the cost of arterial median maintenance is considered a special benefit to abutting properties. The percentage of special benefit to be allocated may vary as parcels reconfigure or change classification. As these medians are on regional arterial highways, a benefit accrues to the entire City as well, and the remaining portion of the cost is assessed on that basis. Median maintenance on Village Center Drive, a local street, benefits only the abutting properties and will be assessed on that basis. Lands and rights-of-way owned by railroads and public utilities are included in this proposed assessment district as permitted by Section 22595 of the Streets and Highways Codes.

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
7 The assessment ratio for each single family residential parcel, including condominiums, is one equivalent unit (EQU); the assessment ratio for each acre of commercial, industrial, church, apartment, duplex, triplex, mobile home park, and other developed land is six equivalent units (EQU). This relationship is based on the City's typical standard residential lot area and the number of lots that could be subdivided into an acre of land. This proration accounts for an adjustment for street rights-of-way and public easements.

Street Lighting and Traffic Signals
The proper functioning of street lighting and traffic signals is imperative for the welfare and safety of the public and property throughout the City. Proper maintenance and servicing of the street lighting system benefits properties within the District by providing proper illumination for ingress and egress and safe traveling at night. Properties within the District also benefit from the proper functioning of the District's traffic signal system. Proper operation of the street light and traffic signal systems is imperative to public convenience, orderly traffic flow, enhanced congestion management and safety. Improved security, fuel conservation, protection of property from crime and vandalism, and reduction of traffic accidents, are special and direct benefits to all properties within the City; lighting benefits are directly related to public safety and property protection. The City's costs to administer the improvements are also considered a benefit to all properties.

All parcels within the City are deemed to benefit from the street lighting and traffic signal system.

Median Landscaping
Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings. The median improvements are located as follows:

Beach Boulevard and Katella Avenue Medians
These improvements provide a Citywide Benefit and a direct Local Benefit, therefore the costs for maintaining and servicing these improvements has been divided into two categories:
• The Citywide Benefit for the Beach and Katella medians is assessed based on the Equivalent Units generated by all assessable parcels in the City which do not abut the Beach and/or Katella medians. This year the Equivalent Units generated by the parcels in this category represents approximately 76% of the total units.
• The Local Benefits attributed to the Beach and Katella median improvements provide a direct Local Benefit to each parcel fronting the improvements and is assessed based on the parcel's respective front footage. This method provides a fair and equitable way of spreading the costs when localized improvements front specific parcels because the more a parcel fronts the median improvements, the more benefit the parcel receives from the enhanced aesthetics of the improvements. This year the Equivalent Units generated by the parcels in this category represents

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
8 approximately 24% of the total units.

Village Center Medians
• These improvements provide a Local Benefit only. One hundred percent (100%) of the Village Center Medians is deemed to be of direct benefit to only those parcels abutting these medians.

Therefore, the cost of servicing the Village Center Medians is assessed to the abutting parcels based on these parcel's respective front footage.

ZONE CLASSIFICATIONS
The land-use classification for each parcel has been based on the Orange County Assessor's Roll.

Zone R - This zone includes all single family residential properties, including condominiums, except those abutting the Beach and Katella Medians and/or Village Center Medians. They are assessed lighting, traffic signals, and general median costs on an equivalent unit basis. There are 5,126 single family residential parcels, including condominiums, in this zone. Where there is new development that has not yet subdivided, the equivalent units will be assigned based on the anticipated dwelling units planned for each parcel in the subdivision.

Zone R1 - This zone includes Zone R type properties abutting the Beach and Katella Medians. They are assessed lighting and traffic signals costs on an equivalent unit basis, and Beach and Katella Median costs on a front foot basis. There are 155 parcels in this zone with 2,808.79 feet of street frontage.

Zone R2 - This zone includes Zone R type properties abutting the Village Center Median. They are assessed lighting, traffic signals and general median costs on an equivalent unit basis, and Village Center Median costs on a front foot basis. There are 703 parcels in this zone with 1,827.21 feet of street frontage.

Zone C - This zone includes commercial, industrial, church, apartment, duplex, triplex, mobile home park and all other non-residential properties except those abutting the Beach and Katella Medians and the Village Center Medians. They are assessed lighting, traffic signals and general median costs on an equivalent unit basis. There are 692 parcels in this zone with 540.72 acres.

Zone C1 - This zone includes Zone C type properties abutting the Beach and Katella Medians. They are assessed lighting and traffic signals costs on an equivalent unit basis, and Beach and Katella Median costs on a front foot basis. There are 198 parcels in this zone with 162.60 acres and 26,640.12 feet of street frontage.

Zone C2 - This zone includes Zone C type properties abutting both the Beach and Village Center Medians.

They are assessed lighting and traffic signals costs on an equivalent unit basis, and median costs on a front foot basis. There are 4 parcels in this zone with 6.19 acres and 596 feet of street frontage.

Zone E - Exempt property. This includes publicly owned property and common areas used in conjunction with adjacent residential sites.

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
9 Assessment Summary
The following table summarizes the different assessments for the different Zone Classifications, and compares the proposed assessments with last year's assessments. The proposed rates for Fiscal Year 2024-25 may increase or decrease depending on the number of equivalent units so long as it does not exceed the maximum rates shown in the Apportionment of Assessments table on the previous page.

Street Lighting Budget $0 Street Lighting Assessment Rate = $0.00 / Equivalent Unit $0* Traffic Signal Budget $0 Traffic Signal Assessment Rate = $0.00 / Equivalent Unit $0* Beach & Katella Medians Rate
City-Wide Benefit (76%) $150,609 City-Wide Benefit Assessment = $16.59 / Equivalent Unit $16.59 Local Benefit (24%) $46,570 Local Benefit Assessment Rate = $1.55 / Front Foot $1.55 $197,179
Village Center Medians
Village Center Medians Budget $8,457 Local Benefit Assessment Rate = $3.49 / Front Foot $3.49 * Lighting assessments have historically been covered by 1919 Act funds.

Category Proposed Assessment Rates
Maximum
Allowed
Assessment
Rate

APPORTIONMENT OF ASSESSMENTS
Category Budgets
Beach & Katella Medians Budget

TOTAL ASSESSMENTS PER CATEGORY AND ZONE
Zone Factor
Equivalent
Units
Citywide
Median
Assessment
Street
Front
Footage
Beach/Katella
Local Median
Assessment
Village Center
Local Median
Assessment
R 5126 5131 1 5,131.00 $85,123.29
R1 155 624 1 2,808.79 $4,353.62
R2 703 703 1 703.00 $11,662.77 1,827.21 $6,376.96
C 692 540.72 6 3,244.32 $53,823.27
C1 198 162.60 6 26,640.12 $41,292.19
C2 4 6.19 6 596.00 $923.80 $2,080.04
Totals 6878 6458 709.52 9,078.32 $150,609.33 $46,569.60 $8,457.00 Parcel
Count
Dwelling
Units Acres

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
10 ASSESSMENT SUMMARY AND COMPARISON
for the different Zone Classifications within the District* Zone
Street
Lighting
Traffic
Signals
Beach
& Katella
Medians
Village
Center
Medians
FY 2024-25
Maximum
Rate
Prior Year
Rate
R $0.00 $0.00 $16.59 -- $16.59 $16.59
R1 $0.00 $0.00 $77.50 -- $77.50 $77.50
R2 $0.00 $0.00 $16.59 $174.50 $191.09 $191.09
C $0.00 $0.00 $16.59 -- $16.59 $16.59
C1 $0.00 $0.00 $77.50 -- $77.50 $77.50
C2 $0.00 $0.00 $77.50 $174.50 $252.00 $252.00
* Assessments shown are for Single Family Homes or Commercial parcels of 0.17 acres (1 Equivalent Unit), and frontage assessments are shown for a 50 ft. wide parcel.

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
11 APPENDIX A – ASSESSMENT DIAGRAM
The boundaries of the District are coterminous with the boundaries of the City of Stanton. A diagram showing the exterior boundaries of the District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the District is on file in the Office of the City Clerk and incorporated herein by reference.

The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Orange for the Fiscal Year to which this Report applies. The Assessor's maps and records are incorporated by reference herein and made part of this Report.

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
12 APPENDIX B – ASSESSMENT ROLL
Assessments are not levied within the area upon public streets and other public properties, utility easements, right-of-way, public schools, public parks, and common areas. A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Orange, which by reference is hereby made a part of this Report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the Office of the Clerk of the City of Stanton.

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Engineer’s Report
Lighting and Landscaping District No. 1
City of Stanton
Fiscal Year 2024-25
13 APPENDIX C – 5-YEAR PROJECTION
Upon Council request at the Public Hearing for Fiscal Year 2019-20, the following is a 5-year review of the District Revenue, Expenditures and Fund Balance.

Future Yr
Prior Year Current Year % Increases
1919 ACT AD VALOREM FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Assumptions Beginning Fund Balance $ 626,254 $ 524,101 $ 1,115,901 $ 1,694,537 $ 2,282,111 1919 Act Revenue $ 811,800 $ 816,800 $ 833,136 $ 849,799 $ 866,795 2.00% Interest $ 30,000 $ 25,000 $ 3,000 $ 3,000 $ 3,000
Other Revenue (one-time) $ 19,910 $ - $ - $ - $ -
Principal Loan Repayment to General Fund * $ (661,953) $ - $ - $ - $ - Interest Expense $ (9,000) $ - $ - $ - $ -
Other Expenditures $ (292,910) $ (250,000) $ (257,500) $ (265,225) $ (273,182) 3.00% Ending Fund Balance $ 524,101 $ 1,115,901 $ 1,694,537 $ 2,282,111 $ 2,878,724 1972 ACT ASSESSMENTS
Beginning Fund Balance $ 889,445 $ 619,685 $ 328,156 $ (2,492) $ (358,948) Assessment Revenue ** $ 205,000 $ 205,636 $ 208,000 $ 210,000 $ 212,000 1.00% Interest $ 5,000 $ 20,000 $ 5,000 $ 5,000 $ 5,000
Other Revenue $ 69,484 $ 12,500 $ 12,500 $ 12,500 $ 12,500 Total Expenditures $ (549,244) $ (529,665) $ (556,148) $ (583,956) $ (613,153) 5.00% Ending Fund Balance $ 619,685 $ 328,156 $ (2,492) $ (358,948) $ (742,601) Ending 1919 and 1972 Act Fund Balance $ 1,143,786 $ 1,444,057 $ 1,692,045 $ 1,923,163 $ 2,136,122 *
** Assessment Revenue is based on Actual 2023-24 and anticipated 2024-25 revenue (may vary slightly from Budget). 5-Year Review
Loan repayment was for the purchased approximately 1,000 street lights within the City, previously owned and maintained by SCE.

The loan was fully repaid in FY 23-24

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1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 28, 2024
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT

THE ANNUAL ASSESSMENTS FOR IMPROVEMENT, MAINTENANCE,

AND SERVICING OF LIGHTING AND LANDSCAPING WITHIN THE

BOUNDARIES OF THE TERRITORY INCLUDED IN THE STANTON
LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR FISCAL YEAR 2024-25 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND APPOINTING A TIME AND PLACE FOR HEARING

OBJECTIONS THERETO
REPORT IN BRIEF:

RECOMMENDED ACTION:

2. Adopt Resolution No. 2024-15, declaring its intention to levy and collect the annual assessments for Stanton Lighting and Landscaping District No. 1, entitled:

Item: 9H
Click here to return to the agenda.
2 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT

ANNUAL ASSESSMENTS FOR IMPROVEMENT, MAINTENANCE, AND

SERVICING OF THE TERRITORY INCLUDED IN THE STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR FISCAL YEAR 2024-25
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO”; and

3. Schedule the public hearing to consider the assessments for Fiscal Year 2024-25 on June 25, 2024.

BACKGROUND:

Each year, an update to the Engineer’s report must be produced relative to the District’s annual assessments. The Engineer’s Report was provided to the City Clerk on May 16, 2024, and has been submitted to the City Council for approval at tonight’s meeting with proposed Resolution No. 2024-14.

If the City Council approves the Engineer’s Report, the City Council must give notice of its intention to levy the assessments and must conduct a public hearing prior to giving its final approval. The proposed resolution would set the required public hearing for Tuesday, June 25, 2024, at 6:30 p.m.

FISCAL IMPACT:

The proposed resolution is necessary in order to provide funds for the City’s Lighting and Landscape Maintenance District Funds (#224 and #225) in Fiscal Year 2024-25.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.
3 PUBLIC NOTIFICATION:

Through the normal agenda posting process.

STRATEGIC PLAN OBJECTIVE:

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

Prepared by: Michelle Bannigan, Finance Director
Reviewed by: Cesar Rangel P.E., Director of Public Works/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Resolution No. 2024-15
RESOLUTION NO. 2024-15

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RESOLUTION NO. 2024-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL

ASSESSMENTS FOR IMPROVEMENT, MAINTENANCE, AND SERVICING OF

OBJECTIONS THERETO
WHEREAS, on February 27, 2024, the City Council adopted Resolution No. 2024-04 initiating proceedings for the annual levy of assessments within Stanton Lighting and Landscaping District No. 1 and ordered the Engineer to prepare a report in accordance with Section 22565 et seq. of the State of California Streets and Highways Code; and WHEREAS, pursuant to said Resolution, the City Council ordered the Engineer to prepare a report pursuant to Section 22565 et seq. of the Act; and WHEREAS, the Engineer did prepare and file such a report (the “Engineer’s Report”), with the City Clerk on the 16th of May, 2024; and
WHEREAS, on May 28, 2024, the City Council adopted Resolution No. 2024-14, preliminarily approving the Engineer’s Report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 2: The public interest and convenience require, and it is the intention of the City Council of the City of Stanton, to order the annual levy of assessments and to levy and collect said assessments within the exiting assessment district designated “Stanton Lighting and Landscaping District No. 1” (the “Assessment District”) for the fiscal year commencing July 1, 2024, and ending June 30, 2025, pursuant to the provisions of the Landscaping and Lighting Act.

SECTION 3: The improvements to be undertaken consist of the installation, maintenance, servicing and operations of those certain public lighting facilities and median islands located within the boundaries of the territory included in the Assessment District. The Assessment District designated as Stanton Lighting and Landscaping Attachment: A
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RESOLUTION NO. 2024-15

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District No. 1 generally encompasses all of the territories within the City of Stanton, excepting from the assessment of said costs and expenses within the area described, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, all public easements and public rights-of-way, all public parkways, and all public property being used for public purposes, provided however notwithstanding the foregoing property owned by railroad and public utility companies not used for public purposes shall be included in the Assessment District and not be excluded from assessment pursuant to the aforesaid exceptions.

SECTION 4: That reference is hereby made to the report of the Engineer on file with the City Clerk and open for inspection, for a full and detailed description of the improvements, the boundaries of the Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District.

The Office of the City Clerk is located at 7800 Katella Avenue, Stanton, California 90680.

SECTION 5: That proposed installation, maintenance, servicing and operating in the opinion of the City Council of the City of Stanton will be of direct and special benefit to the property lying within the described boundaries of the Assessment District, as said Assessment District is described and defined in the Engineer’s Report.

SECTION 6: Pursuant to Section 22624 et seq. of the Act, the annual assessments for Fiscal Year 2024-25 are not proposed to increase from the previous year.

SECTION 7: NOTICE IS HEREBY GIVEN THAT TUESDAY, JUNE 25, 2024, AT THE HOUR OF 6:30 P.M., THE CITY COUNCIL WILL HOLD A PUBLIC HEARING WHERE

ALL INTERESTED PERSONS MAY BE HEARD CONCERNING THE ANNUAL LEVY

OF ASSESSMENTS AND ALL OTHER MATTERS PERTAINING THERETO,

WRITTEN PROTESTS MUST BE FILED WITH THE CITY CLERK PRIOR TO THE

CONCLUSION OF THE HEARING, ANY SUCH PROTEST SHALL STATE GROUNDS

OF THE OBJECTION AND IF FILED BY THE PROPERTY OWNER, SHALL CONTAIN A DESCRIPTION SUFFICIENT TO IDENTIFY THE PROPERTY.

SECTION 8: The City Clerk shall give notice of the date, time, and place of the hearing pursuant to law.

SECTION 9: All work proposed shall be done in accordance with the Act.

SECTION 10: The City Clerk shall certify the adoption of this Resolution.

ATTACHMENT A
RESOLUTION NO. 2024-15

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ADOPTED, SIGNED AND APPROVED this 28th day of May, 2024.

DAVID J. SHAWVER
MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN

CITY ATTORNEY

ATTACHMENT A
RESOLUTION NO. 2024-15

Page 4 of 4 ends

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF STANTON )
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-15 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on May 28, 2024, and that the same was adopted, signed, and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ

CITY CLERK

ATTACHMENT A
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 28, 2024
SUBJECT: RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION,

REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE A

GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL

ELECTION AND ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS

SUBMITTED TO THE VOTERS
REPORT IN BRIEF:

The General Election, including Stanton’s Municipal Election, will be held on Tuesday, November 5, 2024. It is City policy to consolidate the local election with that of the County of Orange. In order to enable such consolidation, it is necessary to adopt Resolutions calling for the holding of a general municipal election and requesting consolidation.

Additionally, it is necessary to adopt a Resolution pertaining to materials prepared by any candidate for a municipal election, including costs of candidate statements.

RECOMMENDED ACTION:

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024

FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES”; and
Item: 9I
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2 3. City Council adopt Resolution No. 2024-10, Requesting the Board of Supervisors to Consolidate with the Statewide General Election to be held on November 5, 2024, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE

GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE”; and

CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024”.

BACKGROUND:

For each municipal election it is necessary to submit to the County of Orange resolutions calling for the election, requesting consolidation, and adoption of regulations for candidates statements.

Resolution No. 2024-11 regarding regulations for candidate statements pertains only to the November 5, 2024 election. The estimate that the City of Stanton should require for a deposit from each candidate for the cost of printing a 200-word candidate statement in compliance with the language provisions of the Federal Voting Rights Act is $700.00 (includes printed and electronic candidate statement). The estimate that the City of Stanton should require for a deposit from each candidate for the cost of only a requesting an electronic 200-word candidate statement in compliance with the language provisions of the Federal Voting Rights Act is $500.00.

ANALYSIS/JUSTIFICATION:

Pursuant to Sections 10400 – 10418 of the Elections Code and the California government Code provisions of law relating to general law cities in the State of California, these resolutions must be adopted to proceed with the General Municipal Election to be held on November 5, 2024.
3 FISCAL IMPACT:

The County Registrar of Voters office has estimated that the cost of the City’s consolidated General Municipal Election would be $52,000. The Fiscal Year 2024/25 Proposed Budget presented to the City Council on May 14, 2024, included $54,000 for election costs.

ENVIRONMENTAL IMPACT:

This item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).

LEGAL REVIEW:

The City Attorney has reviewed and approved the accompanying resolutions for form.

PUBLIC NOTIFICATION:

Through the regular agenda process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

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

Prepared by: Patricia A. Vazquez, City Clerk
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Resolution No. 2024-09
Calling for the Holding of a General Municipal Election B. Resolution No. 2024-10
Requesting the Board of Supervisors to Consolidate with the Statewide General Election
C. Resolution No. 2024-11
Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements Submitted to the Voters
RESOLUTION NO. 2024-09

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RESOLUTION NO. 2024-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,

CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF CERTAIN OFFICERS AS

REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA

RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024 for the election of Municipal Officers; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Stanton, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing two Members of the City Council, one each from District 2 and District 4 for the full term of four years.

SECTION 2: That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3: That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4: That the vote center locations and hours of operations, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange and in compliance with the Elections Code of the State of California.

SECTION 5: That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6: That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7: That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official / County of Orange Registrar-Recorder/County Clerk, the City Council, in accordance with Election Code Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

Attachment: A
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RESOLUTION NO. 2024-09

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SECTION 8: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 9: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

ADOPTED, SIGNED AND APPROVED this 28th day of May, 2024.

DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-09 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on May 28, 2024, and that the same was adopted, signed and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ, CITY CLERK
RESOLUTION NO. 2024-10

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RESOLUTION NO. 2024-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, on May 28, 2024, the City Council of the City of Stanton called a General Municipal Election to be held on November 5, 2024, for the purpose of the election of two Members of the City Council, one each from District 2 and District 4; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places (vote centers) and election officers of the two elections be the same, and that the County election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: That pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of two Members of the City Council, one each from District 2 and District 4, for the full term of four years.

SECTION 2: In accordance with 10403 and 10418 of the California Elections Code, that the County election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of the law regulating the statewide election. The City of Stanton acknowledges that the consolidated election will be held and conducted in the manner prescribed in California Elections Code section 10418.

SECTION 3: That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.

SECTION 4: That the City of Stanton recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

Attachment: B
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RESOLUTION NO. 2024-10

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SECTION 5: That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County election department of the County of Orange.

SECTION 6: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED, SIGNED AND APPROVED this 28th day of May, 2024.

DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-10 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on May 28 2024, and that the same was adopted, signed and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ, CITY CLERK
RESOLUTION NO. 2024-11

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RESOLUTION NO. 2024-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING

TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: GENERAL PROVISIONS. That pursuant to Sections 13307 and 13308 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Stanton on November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. In addition, the statement shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The statement shall be filed in typewritten form and electronic format (as specified by the City Clerk) in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2: FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Orange. The County is required to translate candidate’s statements into the following languages: Korean, Spanish, and Vietnamese.

B. The County will print and mail voter information guides and candidates statements to all voters in Korean, Spanish, and Vietnamese or the County will mail separate voter information guides and candidates statements in Korean, Spanish, and Vietnamese to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates statements in the required languages available at all polling places/vote centers, on the County’s website, and in the Election Official’s office.

Attachment: C
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RESOLUTION NO. 2024-11

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SECTION 3: PAYMENT.

A. Translations:

1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (A) and/or (B) of Section 2 above pursuant to Federal and\or State law.

2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate.

B. Printing:

1. The candidate shall be required to pay for the cost of printing the candidates statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of an electronic candidates statement if such method is acquired.

3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.

4. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet.

5. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet.

The Orange County Registrar of Voters has estimated the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and the City Clerk shall require each candidate filing a statement to pay in advance to the local agency their estimated pro rata share as a condition of having their statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimated and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

RESOLUTION NO. 2024-11

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SECTION 4: MISCELLANEOUS.

A. All translations shall be provided by professionally-certified, registered or qualified translators/interpreters meeting the criteria of Elections Code Section 13307 (b)(2).

B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relation to elections.

SECTION 5: ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.

SECTION 6: That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 7: That all previous resolutions establishing council policy on payment for candidates statements are repealed.

SECTION 8: That this Resolution shall apply only to the general municipal election to be held on November 5, 2024 and shall then be repealed.

SECTION 9: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED, SIGNED AND APPROVED this 28th day of May, 2024.

DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
RESOLUTION NO. 2024-11

Page 4 of 4 ends

ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-11 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on May 28, 2024, and that the same was adopted, signed and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ, CITY CLERK
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 28, 2024
SUBJECT: APPROVAL OF OPERATIONAL AGREEMENT WITH THE NORTH

ORANGE COUNTY PUBLIC SAFETY TASK FORCE
(COLLABORATIVE)
REPORT IN BRIEF:

The City, as part of the North Orange County Public Safety Task Force (renamed the North Orange County Public Safety Collaborative) has been designated to receive funds from the 2024/2025 Corrections Planning and Grant Programs from the Board of State and Community Corrections (BSCC). The funds are to be used for a regional collaborative effort for the purpose of violence prevention, intervention, and suppression activities. The funding period is from September 1, 2023 through June 30, 2026.

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

BACKGROUND:

Consistent with the original Operational Agreement, the grant funds are to be used for a collaborative regional effort for violence prevention, intervention, and suppression activities, specifically to: 1) address youth violence prevention and intervention in K-12 schools; 2) promote and enhance the successful reentry of former offenders into the community; and 3) address homeless outreach and intervention efforts. The eleven cities and their collaborative community-based organizations have agreed to provide the services as specified in the use of funds to satisfy the project's requirement. The City of Brea remains designated as the fiscal agent to administer the funding.

Item: 9J
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2 The City has previously entered into two operational agreements with the North Orange County Public Safety Collaborative as follows:
• In July 2017, an operational agreement was established for the funding period from July 1, 2017, through June 30, 2021, to spend $20,000,000 of funding awarded by the State of California Board of State and Community Corrections under the Correction Planning and Grant Programs. The City of Stanton received $2,533,333 of these funds, which were used to fund the following: one new deputy position contracted with the Orange County Sheriff’s Department for four fiscal years, homeless outreach services, and other youth and safety programs. • In October 2021, an operational agreement was established for the funding period from October 1, 2021, through June 30, 2026, to spend $7,800,000 of funding awarded by the State of California Board of State and Community Corrections under the Correction Planning and Grant Programs. The City of Stanton received $251,181 of these funds, which were used to fund approximately 6 months of the cost of the additional deputy the City originally added to its budget in Fiscal Year 2017/18; to provide $50,000 in funding to the Boys & Girls Club of Stanton for youth programs, and to fund the cost of one limited-term, part-time Outreach Coordinator position at The Hope Center of Orange County. The grant funding for the limited term part-time position is estimated to be spent by June 30, 2025.

ANALYSIS/JUSTIFICATION:

Approval of this operational agreement confirms the City's intent to participate in the North Orange County Public Safety Task Force (Collaborative). This revenue stream will be utilized to address the identified areas of youth violence prevention and intervention, reentry programs and homelessness.

FISCAL IMPACT:

There is no fiscal impact associated with this recommended action. The City’s specific allocation is not known at this time.

ENVIRONMENTAL IMPACT:

This item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).

LEGAL REVIEW:

None.
3 STRATEGIC PLAN OBJECTIVE:

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

PUBLIC NOTIFICATION:

Through the normal agenda process.

Prepared by: Patricia A. Vazquez, City Clerk
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. North Orange County Public Safety Task Force (Collaborative) Operational Agreement
55414.00700\34385945.2

OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that the NORTH ORANGE COUNTY PUBLIC SAFETY COLLABORATIVE (herein, the COLLABORATIVE) consisting of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton and Yorba Linda, intend to work together toward the mutual goal of providing maximum available assistance to support its regional communities using the COLLABORATIVE effort to reduce violence through prevention, intervention and suppression activities through the use of evidence-based services.

The COLLABORATIVE believes that the formation of the North Orange County Public Safety Coordinating and Advisory Board (herein, the BOARD) and the implementation of the North Orange County Public Safety Collaborative Services (herein, the Services) (together, the “Project”), as described within this application, will further this goal. Each city agency agrees to participate in the Project as outlined below.

North Orange County Public Safety Collaborative
Coordinating and Advisory Board
The cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton and Yorba Linda will closely coordinate regional services and activities through the formation of the Board. The Board members are representatives from the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton and Yorba Linda. The Chair of the Board is the Chief of Police from the City of Brea, Chief Adam Hawley, who will facilitate the Board’s efforts. In addition to the Chair, the adoption of a Vice-Chair will further facilitate and assist the Board Chair. The Vice-Chair of the Board is the Chief of Police from the City of La Habra, Chief Adam Foster. The Board will ensure that the Project is responsive to community needs, prioritize the use of funds, secure key agencies to support the efforts and identify ways to obtain sustainability including the promotion of the and replication of the COLLABORATIVE to other regions throughout California.

The Board’s support of the efforts is to ensure that Services are readily available for resource provision through the evidence-based prevention support services such as OST (out of school time) character and leadership development, education and career development, health and life skills, the arts, and sports, fitness and recreation through intervention support services such as homeless street outreach and intervention efforts through appropriate linkages to continuum of care, reentry supportive resources and case management services.

Monthly Board meetings will review fiscal and project reports. To serve the community as a safety net, regional efforts and its coordination to provide the community direct resources through the Services will also be monitored and modified as necessary.

Attachment: A
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55414.00700\34385945.2
North Orange County Public Safety Collaborative
Members
SECTION 1: Additional Members
Any North Orange County city organized and existing under the laws of the State of California or under a city charter adopted pursuant thereto, authorized by or pursuant to such laws or charter to engage in the purposes described in this Agreement (“Applying Agency”), may become a Member as described below:

1.1 Resolution of Application. The Applying Agency shall file with the Coordinating & Advisory Board a certified copy of a resolution of its governing body whereby the Applying Agency: (a) agrees to the provisions of this Agreement; and (b) requests to become a Member.

1.2 Approval and Conditions of Approval. No such Applying Agency shall become a Member until: (a) its admission is approved at a regular or special meeting of the Coordinating & Advisory Board by a unanimous vote; and (b) execution of this Agreement by the authorized representative of the Applying Agency and acknowledged by the Board Chair and Executive Director of the COLLABORATIVE.

1.3 Admission. Upon completion of the foregoing, the Applying Agency shall become a Member for all purposes under this Agreement and the COLLABORATIVE shall circulate to all Members an updated copy of this Agreement with the signature page of the new Member.

SECTION 2: Suspension and Exclusion of Member
Any Member that has breached this Agreement in any way, may have its rights under this Agreement suspended and be excluded from participating in the COLLABORATIVE (including, but not limited to, representation on the Coordinating & Advisory Board) following: (a) at least thirty (30) days’ prior written notice from the COLLABORATIVE to the defaulting Member or of its breach; and (b) if the defaulting Member fails to cure the breach within such time, a majority vote of the Coordinating & Advisory Board at a special or regular meeting of the Board, which shall take effect immediately. Any suspended and excluded Member shall continue to be liable for its obligations under any separate agreement with the COLLABORATIVE and for any funds to the Member approved by the Coordinating & Advisory Board prior to such Member’s suspension and exclusion. Any suspended and excluded Member may be reinstated by the Coordinating & Advisory Board following cure of the breach and, if applicable, its share of any additional payments or advances approved by the Coordinating & Advisory Board during the Member’s suspension and exclusion period. A suspended and excluded Member may withdraw from THE COLLABORATIVE pursuant to the provisions of this agreement.

SECTION 3: Termination; Withdrawal; Amendment.

3.1 Termination. This Agreement may be terminated by the mutual written consent of all Members. If at any time there are only two (2) Parties to this Agreement and one (1) Party intends to withdraw, the other Party’s written consent to terminate this Agreement shall not be unreasonably conditioned or delayed. This Agreement and the COLLABORATIVE shall 55414.00700\34385945.2
continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the COLLABORATIVE.

3.2 Withdrawal. Notwithstanding any other provision of this Agreement, any Member may withdraw from the COLLABORATIVE by adopting a resolution of the Member’s advisory body and providing the COLLABORATIVE with written notice of its intent to withdraw at least six (6) months prior to the end a Fiscal Year. Such notice shall not become effective until the last day of Fiscal Year in which notice was given. A withdrawal from the COLLABORATIVE constitutes a withdrawal of that Member’s representatives from the Coordinating & Advisory Board. If at any time there are only two (2) Parties to this Agreement, any desired withdrawal shall be subject to the termination provisions of this Agreement.

3.3 Effect of Withdrawal. The withdrawal of a Member shall not terminate its responsibility to contribute its share of any obligation incurred by the COLLABORATIVE or to perform any other obligation arising from a separate agreement or other legally binding obligation, including, but not limited to, amounts determined by the Board for: (a) liabilities and claims accrued during the time the agency was a Member (including any future obligations arising from retirement benefits for past and existing employees of the COLLABORATIVE, if any); (b) contributions, payments or advances for budgeted expenses for the Fiscal Year in which notice of intent to withdraw is given; and (c) other obligations payable from contributions, payments, or advances incurred, which obligation matures after the effective date of withdrawal provided to the Member by the COLLABORATIVE.

Prior to the effective date of withdrawal, the withdrawing Member shall have paid, or made arrangements satisfactory to the Board to pay, its share of such obligations. Except as the withdrawing Member may agree in writing with the Board, the withdrawing Member shall automatically relinquish all rights as a Member under this Agreement on the effective date of the withdrawal. Such relinquishment shall include, but not be limited to, any right of the withdrawing Member to the assets of the COLLABORATIVE. The withdrawal of a Member shall not affect any obligations under any separate agreement between the withdrawing Member and the COLLABORATIVE.

3.4 Disbursement Upon Termination. Upon termination of this Agreement and after payment of all liabilities, costs, expenses and charges validly incurred under this Agreement, all remaining assets of the COLLABORATIVE shall be disbursed among Members, including any Members which previously withdrew from the COLLABORATIVE. All assets shall be divided among the Members and former Members in accordance with and proportionate to their cash contributions (including payments for services received and property at market value when this Agreement and the COLLABORATIVE shall continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the COLLABORATIVE.

SECTION 4: Default; Enforcement
If default shall be made by any Member in any undertaking contained in this Agreement, such default shall not excuse such Member or any other Member from fulfilling its obligations under this Agreement and each Member shall continue to be liable for the payments and 55414.00700\34385945.2
advances hereof and the performance of all conditions herein contained. Each Member hereby declares that this agreement is entered into for the benefit of the COLLABORATIVE created hereby and each Member hereby grants to the COLLABORATIVE the right to enforce by whatever lawful means the COLLABORATIVE deems appropriate all of the obligations of each of the Members hereunder. Each and all of the remedies given to the COLLABORATIVE hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right of the COLLABORATIVE to any or all other remedies.

North Orange County Public Safety Collaborative
Programmatic Responsibilities and Fiscal Executive Director The North Orange County Public Safety Collaborative Services Programmatic and Fiscal Executive Director is Soo Elisabeth Kang (herein, the Executive Director) who will directly report to the Board as to coordinating the administrative framework and wraparound effort to meet its goals and objectives of the Services in the region.

Management structure and decision-making processes and how it will support the objectives and goals: Under the leadership of the Coordinating and Advisory Board, the Executive Director evaluates emerging trends, early, middle and late evaluation and outcomes of rendered services, sets given policy direction, monitors the progress of the community-based organization (CBO) partners, facilitates interagency/collaboration and troubleshooting while implementing the Board’s direction.

The Executive Director shall file reports to the Board of State and Community Corrections fiscally and programmatically as required by the Board of State and Community Corrections.

Fiscal responsibilities include 1) Preparation which includes all Project-related receipts for each reimbursable item with sufficient supporting documentation with labels on all documents for expenses eligible for reimbursement; 2) Invoice Line Item Clarification which includes line items from the budget match worksheets, invoices, itemized receipts to substantiate charges for each line item; and 3) Assembly and submission of supporting documentation packet signed by the Board’s authorized designated officer on the required face page.

Programmatic responsibilities include 1) compiling and submitting Progress Reports due in the timeline requested to capture the implementation measures of the Services for the timeframe of the report; 2) Local Evaluation Plan to collect and evaluate data to measure performance and outcomes of the Services’ activities with any preliminary findings or evidence of Project impact; 3) Final Outcome Evaluation Report to provide final findings of the measured performance and outcomes of the Services’ activities.

The Executive Director’s responsibilities also include monthly intervention meetings with the community-based organizations and stakeholders to discuss strategies, timetables, implementation of services and support to reduce violence through prevention, intervention, and suppression activities.
55414.00700\34385945.2
North Orange County Public Safety Collaborative
Services
The regional collective impact of the COLLABORATIVE includes funded community-based partners.

Funded Services Partners: The funded Services community based organizations partners will provide the following direct resources: Out of school time (OST) violence, prevention and intervention activities and case management services; mentoring services; early violence prevention and intervention activities; homeless and reentry case management services; promotion of positive outcomes for all children and families by leveraging the COLLABORATIVE impact of partners and championing quality family support and strengthening practices; assessment, life skills, coping and counseling services; and programmatic evaluation and outcome reports. Law enforcement agencies within the COLLABORATIVE will provide dedicated officers to meet the needs of the Services in the region working the COLLABORATIVE.

Period
Effective performance period is for: September 1, 2023 through June 30, 2026.

Financial Arrangements
Board of State and Community Corrections under the Corrections Planning and Grant Programs shall award the funds to the COLLABORATIVE for a total of $8,000,000 during the performance period. Funds are available for encumbrance or expenditure until June 30, 2026.

The COLLABORATIVE agrees that the City of Brea shall serve as the designated fiscal agent (herein, the Fiscal Agent) on behalf of the COLLABORATIVE with authority to present claims to Board of State and Community Corrections on behalf of each of the funded cities and its community-based organizations for services delivered by each. Disbursement of payment as appropriate will be made by the Fiscal Agent. The Fiscal Agent shall be responsible for facilitating partners meetings, collecting documentation for invoices and outcome measurements from each partner and maintaining complete and accurate records of all financial and outcome measurement data.

Miscellaneous
Each party agrees to mutually defend, indemnify, and hold harmless the other parties, their officials, officers, directors, agents, employees, and volunteers, from all claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, actual attorney’s fees incurred by each party, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever, including, but not limited to, liability for bodily injury, sickness, disease or death, property damage (including loss of use) or violation of law, caused by or arising out of, or relating to any negligent act, error or omission, or willful misconduct of that party, its officials, officers, directors, agents, employees, and volunteers acting pursuant to its 55414.00700\34385945.2
control and performing under this Operational Agreement. To the extent that more than one party is determined to have been negligent or at fault, the parties agree that each party shall bear its own portion or percentage of liability and to indemnify and hold harmless the other parties for that share.

This Operational Agreement may be executed and delivered in any number of counter parts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile or electronic signatures will be permitted.

The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Operational Agreement.

Should litigation arise out of this Operational Agreement or the performance thereof, each party shall be responsible for its own costs and expenses, including attorney’s fees.

Any party may withdrawal from this Operational Agreement without cause upon thirty (30) days’ written notice to the other parties. Upon the effective date of the withdrawal, the withdrawing party shall have no right or claim to any additional sums from the Board of State and Community Corrections under the Corrections Planning and Grant Programs, as contemplated by this Operational Agreement.

Authorized Representatives for the COLLABORATIVE
We, the undersigned, as authorized representatives of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton, and Yorba Linda, do hereby approve this document.
[SIGNATURES HERE]
__________________________________ __________________________________ Jim Vanderpool, City Manager Aaron France, City Manager City of Anaheim City of Buena Park
__________________________________ __________________________________ William Gallardo, City Manager Peter Grant, City Manager City of Brea City of Cypress
__________________________________ __________________________________ Eric Levitt, City Manager Jim Sadro, City Manager
City of Fullerton City of La Habra
55414.00700\34385945.2
[SIGNATURES HERE]
__________________________________ __________________________________ Conal McNamara, City Manager Tom Kisela, City Manager
City of La Palma City of Orange
__________________________________ __________________________________ Damien Arrula, City Manager Hannah Shin-Heydorn, City Manager City of Placentia City of Stanton
__________________________________
Mark Pulone, City Manager
City of Yorba Linda
APPROVED AS TO FORM: ATTEST:
__________________________________ _____________________________ Terence Boga, City Attorney Lillian Harris-Neal, City Clerk City of Brea City of Brea
1 CITY OF STANTON

REPORT TO THE STANTON HOUSING AUTHORITY

AND CITY COUNCIL
TO: Honorable Chairman/Mayor and Members of the Successor Agency/City Council
DATE: May 28, 2024
SUBJECT: APPROVAL OF FOURTH AMENDMENT EXTENDING THE CONTRACT WITH QUALITY MANAGEMENT GROUP, INC. TO PROVIDE

PROFESSIONAL PROPERTY MANAGEMENT SERVICES
REPORT IN BRIEF:

Quality Management Group, Inc. (QMG) has been providing professional property management services for the City/Housing Authority-owned properties within the TinaPacific neighborhood since 2020. The professional services agreement, as currently amended, expires on June 30, 2024. If approved, this Fourth Amendment will extend the term of the agreement through June 30, 2025 and increase the not-to-exceed compensation amount to cover 12 months of professional property management services.

RECOMMENDED ACTION:

1. Authority Board/City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and

3. Authorize the Executive Director/City Manager to execute the Fourth Amendment to the existing agreement with Quality Management Group, Inc.

BACKGROUND:

The Tina-Pacific Neighborhood is an approximately 10.27-acre site comprised of 40 parcels along Tina Way and Pacific Avenue, between Magnolia Avenue and Sherrill Street. Over the past decade, the Housing Authority and the City of Stanton have collectively acquired 31 of the 40 parcels in the Tina-Pacific Neighborhood (25 under the Housing Authority and 6 under the City).

Item: 9K
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2 In order to provide professional property management services, after a competitive bid process, the Stanton Housing Authority/City entered into a contract with QMG on June 9, 2020 to manage the City and Housing Authority-owned properties (Agreement). On October 27, 2020, the City/Housing Authority entered into the First Amendment to the Agreement, which increased the operational budget to include allocations for additional services. On September 13, 2022, the City/Housing Authority entered into the Second Amendment to the Agreement, which extended the term of the agreement through June 30, 2023. On June 27, 2023, the City/Housing Authority entered into the Third Amendment to the Agreement, which extended the term of the agreement through June 30, 2024.

QMG’s scope of work includes, but is not limited to, the following:
• Administration and enforcement of rental agreement terms • Liaison services between tenants and City staff
• Collection of rents, fees, and late charges
• Regular property monitoring for repairs and preventative maintenance • Management and overseeing of improvements or modifications to the properties • Ground maintenance for vacant parcels and vacant housing units • Annual inspection of units (interior and exterior)
ANALYSIS/JUSTIFICATION:

Based on the continued need for professional property management services, and QMG’s satisfactory performance to date, staff is recommending the proposed Third Amendment to extend the term of the agreement and the associated compensation.

FISCAL IMPACT:

The Housing Authority Fund’s Fiscal Year 2024-25 Proposed Budget includes sufficient funds for property management services, including general and administrative costs, in the amount of one hundred eighty three thousand six hundred dollars ($183,600) in Account No. 285-6400-608105 (professional services) and two hundred thirty eight thousand eight hundred twenty five dollars ($238,825) in Account No. 285-6400-610130 (Tina-Pacific operating expenses).

ENVIRONMENTAL IMPACT:

None, this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, as it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment). 3 LEGAL REVIEW:

The City Attorney’s office has reviewed the Fourth Amendment to the Agreement as to form.

STRATEGIC PLAN OBJECTIVES:

Obj. No. 1: Provide a safe community.

Obj. No. 3: Provide a quality infrastructure.

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

PUBLIC NOTIFICATION:

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

Prepared by: Hannah Shin-Heydorn, City Manager
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment(s):

A. Fourth Amendment to the Agreement
B. Original Agreement with First, Second, and Third Amendments 55414.00000\40152681.1

CITY OF STANTON

FOURTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

1. PARTIES AND DATE.

This Fourth Amendment to Agreement for Consultant Services (“Fourth Amendment”), is made and entered into on this ____ day of May, 2024, by and between the City of Stanton (hereinafter referred to as the “City”) and Quality Management Group, Inc., a California Corporation, with its principal place of business at 3105 E. Guasti Road, Suite 100, Ontario, California 91761 (hereinafter referred to as the “Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Professional Services Agreement for Consulting Services to conduct property management, dated June 9, 2020 (“Agreement”).

2.2 First Amendment. The Parties entered into that certain First Amendment in order to supplement the scope of services to be provided by the Consultant and to increase the total compensation under the Agreement, dated October 27, 2020 (“First Amendment”).

2.3 Second Amendment. The Parties entered into that certain Second Amendment in order to extend the term of the Agreement and to increase the total compensation under the Agreement, dated September 13, 2022.

2.4 Third Amendment. The Parties entered into that certain Second Amendment in order to extend the term of the Agreement and to increase the total compensation under the Agreement, dated June 27, 2023.

2.5 Fourth Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and to increase the total compensation under the Agreement.

3. TERMS.

3.1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
“This Agreement shall commence on June 9, 2020 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.”

3.2 Compensation. Section 5 of the Agreement is hereby amended in its entirety and restated to read as follows:

Attachment: A
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55414.00000\40152681.1
“5. PAYMENT
(a) Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Third Amendment at the rates set forth in Exhibit “B,” attached hereto and incorporated herein by reference. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Eight Hundred Sixty Thousand Dollars ($860,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall the sum exceed Eighty-Six Thousand Dollars ($86,000.00). Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of the month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.”

3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement for Consultant Services on this ____ day of May, 2024.

SIGNATURES ON FOLLOWING PAGE
55414.00000\40152681.1
CITY OF STANTON QUALITY MANAGEMENT GROUP, INC.

By:

Hannah Shin-Heydorn
City Manager
By:

Tim Johnson
Chief Operating Officer
By:

Rebekah Smith
Assistant Secretary
ATTEST:

By:

Patricia Vazquez
City Clerk
APPROVED AS TO FORM:

By:

HongDao Nguyen
Best Best & Krieger LLP
City Attorney
55414.00000\40152681.1

EXHIBIT B

TO FOURTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
The total compensation not-to-exceed amount of Eight Hundred Sixty Thousand Dollars ($860,000.00) for the total term of the contract covers the monthly QMG management fee and salaries as follows.

QMG Management Fee and Salaries
FY 2020-21 Actuals $158,617.74
FY 2021-22 Actuals $171,199.92
FY 2022-23 Actuals $171,199.92
FY 2023-24 Actual and Projected $175,050.00
FY 2024-25 Projected $183,600.00
QMG is authorized on behalf of the City to utilize rent proceeds for operating expenses, as needed. Additional services are charged on a time & materials basis for repairs, maintenance, and contracted services. Operating expenses are not considered as part of QMG’s compensation.

Operating Expenses
FY 2020-21 Actuals -
FY 2021-22 Actuals $88,890.94
FY 2022-23 Actuals $323,626.50
FY 2023-24 Actual and Projected $175,000.00
FY 2024-25 Projected $238,825.00

CITY OF STANTON

THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

1. PARTIES AND DATE.
'
This Third Amendment to Agreement for Consultant Services ("Third Amendment"), is made and entered into on this _.2Z:day of June, 2023, by and between the City of Stanton (hereinafter referred to as the "City") and Quality Management Group, Inc., a California Corporation, with its principal place of business at 3105 E. Guasti Road, Suite 100, Ontario, California 91761 (hereinafter referred to as the "Consultant"). City and Consultant are sometimes collectively referred to herein as the "Parties."

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Professional Services Agreement for Consulting Services to conduct property management, dated June 9, 2020 ("Agreement").

2.4 Third Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and to increase the total compensation under the Agreement.

3. TERMS.

3.1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
"This Agreement shall commence on June 9. 2020 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30. 2024, unless sooner terminated pursuant to the provisions of this Agreement." 3 .2 Compensation. Section 5 of the Agreement is hereby amended in its entirety and restated to read as follows:
"5. PAYMENT
(a) Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Third Amendment at the rates set forth in Exhibit "B," attached hereto and incorporated herein by reference. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as Attachment: B
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set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Six Hundred Ninety Thousand Dollars ($690,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall the sum exceed Sixty-Nine Thousand Dollars ($69,000.00). Any additional work in excess of this amount shall be approved by the City Council.
( c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of the month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice."

3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement for Consultant Services on this £day of June, 2023.

SIGNATURES ON FOLLOWING PAGE

CITY OF STANTON
By:H �
City Manager
ah
NAR
Shin-H� �
ATTEST:

By:,_----"::'.'.:::g_�------- HongDao Nguyen
Best Best & Krieger LLP
City Attorney
QUALITY MANAGEMENT GROUP, INC.

By:�
TimJ
Chief
C

EXHIBITB

TO TIDRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
The total compensation not-to-exceed amount of Six Hundred Ninety Thousand Dollars ($690,000.00) for the total term of the contract covers the monthly QMG management fee and salaries as follows.

QMG Management Fee and Salaries
2020/21 2021/22
Actual and
Projected
2022/23
Projected
2023/24 Total
$158,617.74 $171,199.92 $171,199.92 $175,050.00 $ 676,067.58 QMG is authorized on behalf of the City to utilize rent proceeds for operating expenses, as needed. Additional services are charged on a time & materials basis for repairs, maintenance, and contracted services. Operating expenses are not considered as part of QM G's compensation.

Operating Expenses
2020/21
$-
2021/22
Actual and
Projected
2022/23
Projected
2023/24 Total
$88,890.94 $232,356.41 $243,825.00 $ 565,072.35

CITY OF STANTON

SECOND AMENDMENT TO

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

1. PARTIES AND DATE.

This Second Amendment to Agreement for Consultant Services ("Second Amendment"), is made and entered into on this �day of September, 2022, by and between the City of Stanton (hereinafter referred to as the "City") and Quality Management Group, Inc., a California Corporation, with its principal place of business at 3105 E. Guasti Road, Suite 100, Ontario, California 91761 (hereinafter referred to as the "Consultant"). City and Consultant are sometimes collectively referred to herein as the "Parties."

2. RECITALS.

2.1 Agreement.· The Parties entered into that ce1tain Professional Services Agreement for Consulting Services to conduct property management, dated June 9, 2020 ("Agreement").

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

3. TERMS.

3.1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
"This Agreement shall commence on June 9, 2020 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement." 3 .2 Compensation. Section 5 of the Agreement is hereby amended in its entirety and restated to read as follows:
"5. PAYMENT
(a) Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Second Amendment at the rates set forth in Exhibit "B," attached hereto and incorporated herein by reference. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set fmth in full, based upon actual time spent on the above tasks. This amount shall not exceed Six Hundred Thousand Dollars ($600,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (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 ( I 0%) of the amount of the Agreement, but in no event shall the sum exceed Fifty-One Thousand Dollars ($51,000.00). Any additional work in excess of this amount shall be approved by the City Council.
( c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of the month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice."

3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement for Consultant Services on this £day of October, 2022.

SIGNATURES ON FOLLOWING PAGE

CITY OF STANTON
By:�� H�ah Shin-H�
City Manager
EST:

By:. kl--____ _
HongDao Nguyen
Best Best & Krieger LLP
City Attorney
QUALITY MANAGEMENT GROUP, INC.

CITY OF STANTON

FIRST AMENDMENT TO

AGREEMENT FOR PROPERTY MANAGEMENT CONSULTANT SERVICES

1. PARTIES AND DATE.

This First Amendment to the Agreement for Consultant Services ("First Amendment") is entered into on the ffday of OcJohe.(', 2020, by and between the City of Stanton (hereinafter referred to as the "City") and Quality Management Group, Inc. (hereinafter referred to as the "Consultant"). City and Consultant are sometimes collectively referred to herein as the "Parties."

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for property management consultant services dated June 9, 2020 ("Agreement").

2.2 First Amendment. The Parties now desire to amend the Agreement in order to supplement the scope of services to be provided by Consultant and to increase the total compensation under the Agreement.

3. TERMS.

3.1 Scope of Services. The Agreement is hereby amended to include the scope of services set forth in Exhibit "A," attached hereto and incorporated herein by reference.

3.2 Compensation. Section 5 of the Agreement is hereby amended in its entirety and restated to read as follows:
"5. PAYMENT
(a) Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this First Amendment at the rates set forth in Exhibit "B," attached hereto and incorporated herein by reference. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Hundred and Sixty Thousand Dollars ($260,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time 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 Twenty Six Thousand Dollars 55414.00000\33401298. 1 1
($26,000.00). Any additional work in excess of this amount shall be approved by the City Council.
( c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days 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." 3 .3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN JITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this dZ_ day of Oc-lobec ,.JQ;�

CITY OF STANTON
Dy�;{ Jarad.Hililranif
City Manager
ATTE �·---
B

APPROVE
F'A __ �
By: _ _,/2t1_"'----L....: _________ _
HongDao Nguyen
City Attorney
Best Best & Krieger LLP
55414.00000\33401298. 1
QUALITY MANAGEMENT GROUP, INC.

B
2 EXHIBIT "A"

TO FIRST AMENDMENT TO

AGREEMENT FOR PROPERTY MANAGEMENT CONSULTANT SERVICES

EXHIBIT A
Sco[!e of Work
Property management services shall Include, but are not limited to, the following:

1. Take in service calls from tenants and respond accordingly with the appropriate dispatcher such as a handy-man, plumber, public works, etc.

2. Issue an itemized monthly invoice to the City for the prior month's services, fees, and charges.

3. Establish a cohesive plan for collecting rent from tenants pursuant to existing rent statements and lease agreements.

4. Respond to the needs oftenanfa 24/7, 7 days a week. Such needs include, but are not limited to, landscaping, property maintenance, and parking control issues.

5. Maintain a log of any and all information received that a tenant will be vacating or has vacated a project unit and shall provide that information to the City on a regular basis,

6. Coordinate the transfer of utility services after properly purchases and coordinate the disconnection of utilities atter properties have vacated and before demolition ooours.
7, Notify the City in writing, and the appropriate law enforcement authorities, in the event any injuries, damages, illegal entry, illegal occupancy, or disturbances occur at any time.

8. Act as the liaison between tenants and City Staff, including verbal communication and the ability to adapt to a language as requested, including English, Spanish and Vietnamese.

9. Create and send correspondence letters to tenants regarding City operations.
1 o. Contact tenants regarding late rent payments, lnclIJdlng late fees assessed, payment plan setup, and follow-ups. Initiate eviction proceedings should the need arise.
554l4.00000\33401298. I 3
Annnal Management Fee
One-time Setup Fee
ExhibitB
Rates of Compensation
$77,520
$7,500
Lighting
Maximum budget amount for the following:
$10,800
Debris Cleanup
Health and Safety Repairs
Annual Salaries
Total
55414.00000\33401298. 1
$9,352
$45,000
$108,000
$258,172
4 CITY OF STANTON

AGREEMENT FOR CONSULTANT SERVICES

ORIGINAL
THIS AGREEMENT, is made and effective as of June 9, 2020, between the City of Stanton, a California Municipal Corporation ("City") and Quality Management Group, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on June 9, 2020 and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 1, 2021, unless sooner terminated pursuant to the provisions of this Agreement. The City Manager shall have the unilateral option, in his or her sole discretion, to renew this Agreement annually for no more than two additional one-year terms.

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

Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. When available, a more detailed work program shall be attached and incorporated into this agreement as a separate exhibit.

3. PERFORMANCE

4. 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.

CITY MANAGEMENT
City's Administrative Services Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents that enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

IRV Hl674 v2 -1-

5. 6.

PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth herein, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed seventy five thousand ($75,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars (
$10,000.00). Any additional work
in excess of this amount shall be approved by the City Council. (c) Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten ( 10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3.

IRV #11674 v2 -2-

7. DEFAULT OF CONSUL TANT
(a) The Consultant's failure to comply with the provIsIons of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement.

Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. However, use of data by City for other than the project that is the subject of this agreement shall be at City's sole risk without legal IRV #11674 v2 -3-

9. liability or exposure to Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

INDEMNIFICATION
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees and agents (collectively "Indemnified Parties"), from and against any and all claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, to the extent same are caused or contributed to in whole or in part which relate to or arise out of any negligent, intentional or willful act, omission, occurrence, condition, event, transaction, or thing which was done, occurred, or omitted to be done (collectively "Claims"), by Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement without regard to whether such Claims arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant.
(b) Indemnification for Other Than Professional Liability. In addition to indemnification related to the performance of professional services and to the full extent permitted by law, Consultant shall further indemnify, protect, defend and hold harmless the City and Indemnified Parties from and against any liability (including Claims) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. City shall indemnify, protect, defend and hold harmless Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) from and against any claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands wholly and exclusively arising out of or related to real property conditions existing prior to this Agreement and unrelated to IRV #11674 v2 -4-
Consultant's performance of the duties set forth in Exhibit A of this Agreement.
(c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements which indemnify, protect, defend and hold harmless the City from liability, with provisions identical to those set forth here in this Section 9 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required, this failure shall be a material breach of this Agreement, and Consultant agrees to be fully responsible according to the terms of this entire Section 9. City has no obligation to ensure compliance with this Section by Consultant and failure to do so will in no way act as a waiver. This obligation to indemnify and defend City is binding on the successors, assigns or heirs of Consultant, and shall survive the termination of this Agreement or this section. (d) Obligation to Defend. It shall be the sole responsibility and duty of Consultant to fully pay for and indemnify the City for the costs of defense, including but not limited to reasonable attorney's fees and costs, for all Claims against the City and the Indemnified Parties, whether covered or uncovered by Consultant's insurance, against the City and the Indemnified Parties which arise out of any type of omission or error, negligent or wrongful act, of Consultant, its officers, agents, employees, or subcontractors. City shall have the right to select defense counsel.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.

11. INDEPENDENT CONSUL TANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to IRV #11674 v2 -5-
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. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Stanton in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Stanton will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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 IRV #11674 v2 -6-
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

17. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City:

To Consultant:

ASSIGNMENT
City of Stanton
7800 Katella Ave
Stanton, California 90680
Attention: City Clerk
Quality Management Group
3105 E. Guasti Road, Suite 100
Ontario, CA 91761
The Consultant shall assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered IRV #11674 v2 -7-
pursuant to this Agreement, only Quality Management Group shall perform the services described in this Agreement.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Stanton.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding that between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit "A" hereto.

22. AUTHORITY TO EXECUTE THIS AGREEMENT.

The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IRV #11674 v2 -8-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF STANTO CONS i:: ANT
brand
(Typed Name)
Atte t:

Patrici
Approved As To Form:
iiHk Gt Q ahew E. Richardson, City Attorney
IRV #11674 v2 -9-

EXHIBIT A
Scope of Work
Property management services shall include, but are not limited to, the following:

1. Take in service calls from tenants and respond accordingly with the appropriate dispatcher such as a handy-man, plumber, public works, etc.

2. Issue an itemized monthly invoice to the City for the prior month's services, fees, and charges.

3. Establish a cohesive plan for collecting rent from tenants pursuant to existing rent statements and lease agreements.

4. Respond to the needs of tenants 24/7, 7 days a week. Such needs include, but are not limited to, landscaping, property maintenance, and parking control issues.

5. Maintain a log of any and all information received that a tenant will be vacating or has vacated a project unit and shall provide that information to the City on a regular basis.

6. Coordinate the transfer of utility services after property purchases and coordinate the disconnection of utilities after properties have vacated and before demolition occurs.

7. Notify the City in writing, and the appropriate law enforcement authorities, in the event any injuries, damages, illegal entry, illegal occupancy, or disturbances occur at any time.

8. Act as the liaison between tenants and City Staff, including verbal communication and the ability to adapt to a language as requested, including English, Spanish and Vietnamese.

9. Create and send correspondence letters to tenants regarding City operations.

10. Contact tenants regarding late rent payments, including late fees assessed, payment plan setup, and follow-ups. Initiate eviction proceedings should the need arise.

IRV #11674 v2 -10-

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below.

Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so.

Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts of insurance:

1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.

2. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident.

If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

3. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease.

4. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement.

IRV #11674 v2 -11-
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 201 O with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in IRV #11674 v2 -12-
the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.

8. Certificate( s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will " endeavor" ( as opposed to being required) to comply with the requirements of the certificate.

9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non- contributing basis in relation to any other insurance or self insurance available to City.

10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self -insure its obligations to City. If Consultant' s existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to C ity.

IRV * 11679 v2 - 13-

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant' s insurance agent to this effect is acceptable. A certificate of insurance and/ or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

IRV # 11674 v2 - 14-

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.

IRv # 11679 v2 _ 1cJ_
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 28, 2024
SUBJECT: APPROVAL OF ONGOING CONTRACT WITH FLOCK SAFETY FOR

AUTOMATIC LICENSE PLATE READING CAMERAS
REPORT IN BRIEF:

Automatic License Plate Reading (ALPR) cameras are an effective tool used to support public safety and law enforcement. The City has contracted with Flock Safety since 2020 for ALPR cameras, and currently funds twelve cameras installed throughout the City. The proposed contract allows for an additional two-year term from July 1, 2024 through June 30, 2026 at an annual cost of $33,600 for a contract not-to-exceed amount of $67,200.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(3) and 15378(b)(5); and

BACKGROUND AND ANALYSIS:

Camera systems, along with ALPR technology, are widely used to support public safety and law enforcement to detect, solve, prevent, and deter crime. ALPR cameras read license plates of vehicles driving on City streets in real-time and match them to a database of all registered motor vehicles. If a license plate number is connected to an Amber Alert, stolen vehicle, or other law enforcement tag, the database notifies dispatch. ALPR cameras are intended to complement anti-crime strategies, to effectively allocate and deploy personnel, and to enhance public safety and security in public areas.

The 12 cameras are currently deployed to monitor the following locations:
• North Bound Beach Blvd. at Garden Grove Blvd.
• North Bound Beach Blvd. at Starr St.
• South Bound Beach Blvd. at Starr St.
• South Bound Beach Blvd. at Village Center Dr.

Item: 9L
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2 • East Bound Katella Ave. at Knott Ave.
• East Bound Katella Ave. at Court Ave.
• West Bound Katella Ave. at Magnolia St.
• West Bound Katella Ave. at Knott Ave.

FISCAL IMPACT:

The annual cost for 12 cameras is $33,600. The proposed contract includes a term of two years with a total not-to-exceed compensation amount of $67,200. The City has sufficient funding in the proposed Fiscal Year 2024-25 Operating Budget to cover the proposed two-year term from State grant funding – Citizens Option for Public Safety (COPS) program.

ENVIRONMENTAL IMPACT:

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 1: Provide a safe community.

PUBLIC NOTIFICATION:

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

Prepared by: Hannah Shin-Heydorn, City Manager
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Flock Safety Contract
Flock Safety + CA - City of Stanton
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Tonia Crump
[email protected]
4049329942
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Attachment: A Click here to return to the agenda.

Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with privatepublic partnershipsincident alerts / minute 1B+ vehicles detected / month
<60% local crime reduction
in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Software Add-Ons
Advanced Search Package Unlock more leads and build stronger cases with minimal evidence on the front-end of your investigations with
Advanced Search features:
● Visual Search - Upload any digital image and
transform it into an investigative lead
● Multi-Geo Search - Link a single suspect vehicle to
multiple crimes, even without a vehicle description
or plate number
● Convoy Analysis - Detect suspect vehicles
frequently traveling together to identify
accomplices to serial or organized crimes
Software Integrations
Access real-time incident data in a single ESRI-based map by layering intelligence from your existing data streams into your Flock Safety software experience.
● Computer-Aided Dispatch (CAD) Integration -
Provide your Dispatchers and Patrol Officers with
real-time incident context from 911 calls. Display
CAD events in your Flock Safety Map, including
important incident information like location,
priority, and event type.
● Automatic Vehicle Location (AVL) Integration -
Bring live patrol locations and status into a single
map view, giving dispatchers and patrol officers
more context to deploy resources effectively and
decrease incident response times.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations
Share crimes solved in the local media with the help of our Public Relations team.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83

EXHIBIT A

ORDER FORM
Customer: CA - City of Stanton Initial Term: 24 Months
Legal Entity Name: CA - City of Stanton Renewal Term: 24 Months Accounts Payable Email: Payment Terms: Net 30
Address: 7800 Katella Ave Stanton, California 90680 Billing Frequency: Annual - First Year at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $33,600.00
Flock Safety Flock OS
FlockOS ™ - Included 1 Included
FlockOS ™ - Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 12 Included
Flock Safety Falcon ® Included 12 Included
Flock Safety Platform Add Ons
Extended data retention (Up to 1 Year) Included 12 Included Extended data retention (Up to 1 Year) Included 12 Included Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $33,600.00
Annual Recurring Subtotal: $33,600.00
Discounts: $12,000.00
Estimated Tax: $0.00
Contract Total: $67,200.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $33,600.00
Annual Recurring after Year 1 $33,600.00
Contract Total $67,200.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $12,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Product and Services Description
Flock Safety Platform Items Product Description Terms
FlockOS™ Flock Safety’s situational awareness operating system.

Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - City of Stanton
By:
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By:
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Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 City Manager
Mark Smith Hannah Shin-Heydorn
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”). This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A.

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83

1.1 “Agreement” means the order form (to be provided as Exhibit A, “Order Form”), these terms and conditions, and any document therein incorporated by reference in section 11.4.

1.2 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.3 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.4 “Customer Data” means the data, media, and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.5. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.6 “Effective Date” means the date this Agreement is mutually executed (valid and enforceable) by both Parties.

1.7 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.8 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form.

1.9 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.10 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.11 “Footage” means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Permitted Purpose” means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.

1.14 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.

1.15 “Term” means the date, unless otherwise stated in the Order Form, upon which the cameras are validated by both Parties as operational.

1.16 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users.

Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Services are being used for DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”).

Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured.

Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).

Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances.

In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement.

Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices net thirty (30) days from the date of receipt. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days’ notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms.

6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Unless otherwise indicated on the Order Form, the Term shall commence upon first installation of Flock Hardware, as applicable. Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL

KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE

ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT

ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83

11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this Agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Upon prior written consent, Flock has the right to reference and use Customer’s name and disclose the nature of the Services in business and development and marketing efforts.

Nothing contained in this Agreement shall be construed as conferring on any Party, any right to use the other Party’s name as an endorsement of product/service.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.

Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.15 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost. .

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83

EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Law Enforcement
Customer Implementation Guide
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Customer Implementation Guide: LAW ENFORCEMENT 1
Implementation Timeline

Flock Safety Team

Implementation Service briefs: Existing Infrastructure
vs Standard vs Advance4
. Existing Infrastructure ImplementatioP
. Standard ImplementatioP
. Advanced Implementation

Things to Consider When Selecting Locations

Customer Responsibilities: AC-Powered Cams

Electrician HandouY
. Electrician Installation Step:
. FAQs about AC-Powered Flock Cameras

Installation Service Brief Summary

Permitting: Pre-Install QuestionnairI
&% TimelinI
"% Right of Wa[
$% AC Power vs. Sola?
!% Traffic Control & Installation Method:
% Paperwork & Required Form:

% Contacts

*Fee Schedule

Help Center

Customer Support

................................................................. 2

............................................................................ 3

............. 6

......................... 12

........................ 14

........................................................................ 15

............................................. 18

.......................................... 19

................................................................................. 21

..................................................................................... 22

.......................................................................... 22 Table of Contents
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Review Locations Confirm camera locations with your sales representative FLOCK: Your sales representative will present several viable options for camera locations

CUSTOMER: Review Deployment Plan & approve camera locations

Please Note: If Public Works is required to move forward, please obtain approval finalize Locations Prepare for finalized camera locations FLOCK: Confirm Deployment Plane and signed agreement. Flock will move forward with next steps for locations that don't need permits (minimum 10 locations needed to move forward with partial installation)

CUSTOMER: Prepare the below items, as neede¸
If permits are required, begin application proces
If camera will be AC-powered, hire an electrician/street department Step 1 Conduct On-site Survey & Place Flags
FLOCK: Flock technician conducts site survey to (1) evaluate/reconfirm solar or power access, (2) check line of sight to the road, and (3) evaluate/reconfirm cellular service in the area. When the technician deems the locations suitable, s/he will place a white flag at each spot

If the initially determined locations don't meet Flock standards, we will evaluate a new location, obtain customer approval, and redo a site survey. This may push timeline for installation
PLEASE NOTE:

Step 2 Call 811
FLOCK: Flock Safety will coordinate with Call 811 to mark each camera location for underground utilities within a 10 foot radius

Call 811 is a government service, so turnaround times may vary and is outside of Flock control
PLEASE NOTE:

Step 3 Schedule Installation
FLOCK: Flock will (1) ship any site specific material that the technician does not have locally (2) schedule the installation date
Step 4 Install & Validate Cameras
FLOCK: After installation, your Onboarding Specialist will confirm that cameras are capturing footage well and functioning properly. They will then give you full access to the system along with helpful training resources
Ongoing as Needed Finalize Any Installation Needs
FLOCK: While we typically complete installations within 4 weeks of finalizing locations, delays may occur due to external factors. In these instances, we will continue to work through this process until your cameras are fully installed and operational 2 This timeline provides general guidance and understanding of your installation process. While we typically complete installations 6-8 weeks after locations have been finalized, delays can occur as noted in the timeline below:

Implementation Timeline
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Implementation Team How They Will Support You
Field Operations
Team
W The Field Operations team is responsible for the
physical installation and maintenance of
cameras and associated equipment provided by
Flock. This includes a large team of technicians,
schedulers, and many others involved in
ensuring the delivery of the product.A
W They take the technical plan you finalized with
Product Implementation and work closely with
other teams at Flock to make sure that the
cameras are installed quickly and safely and in
a way that maximizes the opportunity to solve
crime at a specific location3
W *Note*: For
, please always direct them to your
and not the
technician.
all Installation questions or
concerns
Customer Success Manager
Project Manager
Your is your
Your project manager will guide you through the
entire installation process, keeping you apprised
of all implementation updates as well as answering
any questions you have during this time. They will
ensure that all the cameras are on the ground and
operating for at least 48 hours before transitioning
you to your Customer Success Manager.

Project Manager primary contact
during camera installation.

3 Flock Safety Team
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Relationship Team How They Will Support You
Flock Safety
Support
The Flock Safety Support team is committed to
answering all your day-to-day questions as quickly
as possible. , simply
email
Support can help you4
3 Request camera maintenancW
3 Troubleshoot online platforH
3 Contract / Billing questionC
3 Update account informatio;
3 Camera Sharing questionC
3 Quick “How to” questions in your Flock Account
To get in touch with support
[email protected] or call
866-901-1781 Mon-Fri 8am-8pm EST.

Customer Success

Manager
Your Customer Success Manager is your strategic
partner for your lifetime as a Flock customer.

While the cameras are getting installed, your CSM
will help get your account set up and get all key
users trained on the system.

Post-Camera-Installation, your CSM will be your
go-to for most account-related needs: You should
reach out to them to4
3 Set up Account Trainin¤
3 Understand benefits of featureC
3 Learning best practices for getting relevant
dat¨
3 Identifying opportunities to expand the security
network in your are¨
3 Provide feedback on your partnership with
Flock
4 DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Outside Party When they may be involved
If the Flock cameras need to be AC powered, you
(customer) are responsible for providing an
electrician to ensure power connectivity
Electrician/Street
Department
To weigh in on the use of public Rights of Way or
property Public Works (LE)
If installation in your area requires permitting
Department of
Transportation
(DOT), City, or
County agencies
5 PLEASE NOTE: On some occasions, third parties outside of Flock Safety may be (or need to be) involved in your implementation.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 Included in scope:

Once designated locations are approved by the customer, as part of the Flock will perform the following

An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc. Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two cameras and two solar panels are on a single pole (blocking visibility). Therefore

if relying on solar power, only one camera can be installed per pole Confirm that a location is safe for work by following State utility locating procedures.(
Each installation may include the following

Installation of camera and solar panel or AC adapter box on a suitable existing pole

Existing
Infrastructure Implementation Service
COST: $150 per camera (one time cost)
Existing Infrastructure Implementation
Existing
Infrastructure Install
Pole None Flock NCHRP 350 /
MASH
Timeline Short Medium Longest
Cost Lowest Mid Highest
Standard
Install
Advanced
Install
Implementation Service Briefs: Existing
Infrastructure vs Standard vs Advanced
6 DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 7 Out of scope:

By default, Flock does include the following as part of the but can provide a quote for sourcing at
an additional cost
Mounting on mast arms (always require bucket truck and traffic control Call 811 ‘Call-before-you-Dig’ syste
Installation of any poles including but not limited tD Standard, 12’ above grade
NCHRP 350 or MASH approved pole (as may be required for locations in DOT right of way
A Bucket Truck for accessing horizontal/cross-beams and/or height above 14 Special equipment rentals for site acces!
Site-specific engineered traffic plan!
Third-party provided traffic contro'
State or city-specific specialty contractor licenses or unique attachment/ connection requirement!
Custom engineered drawingsG
Electrical work requires a licensed electrician.
not Existing
Infrastructure Implementation Service
Flock breakaway polO
Types of existing infrastructure such as existing utility, light, and traffic signal poles
Pole no higher than 8’-12’ (approval at Flock Safety’s discretion Flock will provide and mount an AC adapter unit that a qualified electrician can connect to AC power following our
. Flock is unable to make any AC connections or
boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope
Access requiring up to a 14’ using an A-frame ladde
Standard MUTCD traffic control procedures performed by a Flock technicia
Obtain a business license to operate in the city and state of camera location

electrical wiring
requirements
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 8 Included in scope:

Once designated locations are approved by the customer, as part of the Flock will perform the following

An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.)&

Confirm that a location is safe for work by following state utility locating procedures. Work with local utilities to prevent service interruptions during the installatio,

Engage 811 ‘Call-before-you-Dig’ system to receive legal dig dat/

Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meet;

Each installation may include the following

Installation of camera and solar panel with
Standard Implementation Service
standard, 12’ above grade
Flock breakaway pole

COST: $650 per camera (one time cost)
Standard Implementation

Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)y

Concrete cuttinx

Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.

Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.

Any fees or costs associated with filing for required city, county, or state permit;

Licensing or attachment agreements with asset / infrastructure owners&

Utility contracts and billing&

Customer requested relocations (see fee schedule)
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 9 Out of scope:

By default, Flock does include the following as part of the Standard Implementation Service but can provide a quote for sourcing at an additional cost Use and/or mounting to existing infrastructure9
NCHRP 350 or MASH approved pole (as may be required for locations in DOT right of way
A Bucket Truck for accessing horizontal/cross-beams and/or height above 14 Special equipment rentals for site acces#
Site-specific engineered traffic plan#
Third-party provided traffic contro)
State or city-specific specialty contractor license#
Custom engineered drawingsF
Electrical work requires a licensed electrician.F
Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)9
Concrete cuttin
Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.) not
Installation of camera and AC adapter that a qualified electrician can connect to AC power on a suitable existing pole, no higher than 8-12’ (approval at Flock Safety’s discretion
Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our . Flock
is unable to make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope9
Access requiring up to a 14’ A-frame ladden
Standard MUTCD traffic control procedures performed by a Flock techniciat Obtain a business license to operate in the City and State of camera location electrical wiring requirements
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 10 & Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.
& Any fees or costs associated with filing for required city, county, or state permit
& Licensing or attachment agreements with asset / infrastructure owners & Utility contracts and billing
& Customer requested relocations (see fee schedule)
Included in scope:

Once Designated Locations are confirmed, as part of the , Flock will perform the following=
& An in-person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.) & Confirm that a location is safe for work by following State utility locating procedures. Work with local utilities to prevent service interruptions during the installatioU
& Engage 811 ‘Call-before-you-Dig’ system to receive legal dig datY & Apply approved markings Coordinate with 811 regarding any necessary high-risk dig clearances or required vendor meet
& Each installation may include the following=
& Installation of camera and solar panel on a suitable
approved pole0
& Installation of camera and AC adapter that a qualified electrician can connect to AC power0
& Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power following our .

Flock cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material).

Advanced
Implementation Service
NCHRP 350 or MASH
electrical wiring requirements
COST: $1,900 per camera (one time cost)
Advanced Implementation
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 11 Out of scope:

By default, Flock does not include the following as part of the but can optionally provide a quote for sourcing
(additional cost)
Installation on or existing
infrastructure

A Bucket Truck for accessing horizontal/cross-beams and/or height above 14 Special equipment rentals for site acces
Site-specific engineered traffic plan
Third-party provided traffic contro&
State or City-specific specialty contractor license
Custom engineered drawing
Electrical work requires a licensed electrician. Flock will provide and mount an AC adapter that a qualified electrician can connect to AC power but cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material)

Concrete cuttin

Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc. Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.
Fees or costs associated with filing for required City, County, or State permits Advanced
Implementation Service
Standard, 12’ above grade Flock breakaway pole
s
Access requiring up to a 14’ A-frame laddey
Standard MUTCD traffic control procedures performed by a Flock techniciap
Obtain a business license to operate in the City and State of camera location Electrical work requiring a licensed electrician and associated costs, not included in the scope.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 12 - Mountin(
- They can be mounted on existing utility, light, traffic signal poles, or 12 foot Flock poles.
- They should be mounted one per pole. If using AC power, they can be mounted 2 per pole.
- They can be powered with solar panels or direct wire-in AC Power (no outlets).
- They will require adequate cellular service using AT&T or T-Mobile to be able to process & send images.
/
**
**/
- PlacemenB
- They capture vehicles driving away from an intersection. - They cannot point into the middle of an intersection. - They should be placed after the intersection to prevent stop and go motion activation or “stop and go” traffic.

Falcon Cameras
- Use Caser
- Flock LPRs are designed to capture images
of rear license plates aimed in the direction
of traffic.
- Flock LPRs are not designed to capture
pedestrians, sidewalks, dumpsters, gates,
other areas of non-vehicle traffic,
intersections.

Things to Consider When Selecting Locations
*
**
***
Permitting (or permission from pole owner) may be required to use existing infrastructure or install in specific areas, depending on local regulations & policies.

Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two cameras and two solar panels are on a single pole (blocking visibility). Therefore if relying on solar power, only one camera can be installed per pole.

Flock does not provide Electrical services. Once installed, the agency or community must work with an electrician to wire the cameras. Electrician services should be completed within two days of installation to prevent the camera from dying.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 13 Pole

not
If a location requires a "DOT Pole” (i.e., Advanced
Pole, Flock standard pole), the implementation
cost will be $5,000/camera.

Solar Panels

Solar panels need unobstructed southern-facing
views.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 14 Customer Responsibilities: AC-Powered Cams
If the Flock cameras need to be AC-powered, the for
acquiring an electrician and ensuring they connect the camera to power. .
customer is responsible
See steps
2 and 6 below

6. Connect Camera to Power

Notify the electrician that the camera is ready for the power connection installation

5. Install Camera

Flock will install the camera and AC power kit at the specified camera location

4. Conduct Site Survey

Flock will mark camera locations, locate underground utilities and mark if present

3. Sign Flock Safety Agreement

Sign the Flock Safety purchase order to begin the installation of cameras

2. Acquire an Electric Quote

Contact an electrician to receive a quote to run 120volt AC power to 120v the camera

1. Create a Deployment Plan

Work with us to select the best location(s) for Flock Safety cameras and power sources
How to Get Started with a Powered Install
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 15 Electrician Handout
Electrician Installation Steps.
,C Run AC cable and conduit to the box
according to NEC Article 300 and any
applicable local codes. The gland
accepts ½” conduitC
C Open the box using hingesC
AC Connect AC Mains per wiring diagram
below:
eC Connect AC Neutral wire to the Surge Protector white Neutral wire using the open position on the lever nutC
JC Connect AC Line wire to the Surge Protector black Line wire using the open position on the lever nutC
bC Connect AC Ground wire to the Surge Protector green ground wire using the open position on the lever nut.

4. Verify that both the RED LED is lit on the front of the box

5. Close box and zip tie the box shut with the provided zip tie

6. While still on-site, call Flock, who will remotely verify that power is working

correctly:

Southeast Region - (678) 562-8766

West-Region - (804) 607-9213

Central & NE Region - (470) 868-4027

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 16 FAQs about AC-Powered Flock Cameras

What voltage is supported?

The AC kit is designed to work with 120VAC Infrastructure by default. A 240VAC version is available on request.

How much power does this consume

Peak current draw is 1.5 A at 120VAC. The average power draw is roughly 30W in high traffic conditions but maybe lower when fewer vehicles are present.

Who is responsible for contracting the electrician?

The customer is responsible for contracting an electrician. We can help answer questions, but the customer is responsible for identifying and contracting an electrician.

Who is responsible for maintenance?

Flock will handle all maintenance related to Flock’s camera and power equipment.

However, any problems with the electrical supply are the customer’s responsibility.

The AC junction box has two lights to indicate the presence of power and make it easy for quick diagnosis if there is a problem related to the AC power source B If the camera indicates to Flock that there is a power supply problem, Flock will notify the customer and request that the customer verifies the lights on the AC junction box. If the AC Source light is illuminated, Flock will send a technician to investigate. If the AC source light is not illuminated, the customer should check any GFCI’s or breakers in the supply circuit or call the electrician who installed the power supply.

How much does it cost?

Work required to bring AC power to each location will be different, so exact pricing is unavailable. Primary cost drivers include arrow boards and the distance from the camera location to the AC power source.

What information do I need to provide my electrician?

The Flock deployment plan and these work instructions should be sufficient to secure a quote. It will be helpful if you know the location of the existing power infrastructure before creating the deployment plan.
?
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 17 Can you plug it into my existing power outlet? The Flock AC power adapter does not use a standard outlet plug but must be directly wired into the power mains.

While using outlet plugs may be convenient, they can easily be unplugged, presenting a tampering risk to this critical safety infrastructure.

The electrician can route power directly to the camera with a direct wire-in connection if an outlet is close to the camera.

How long does this process typically take?

The installation process typically takes 6-8 weeks. To accelerate the process, be sure to have the electrician perform his work shortly after the Flock technician finishes installing the camera.

What kind of electrician should I look for?

Any licensed electrician should perform this work, though we have found that those who advertise working with landscape lighting are most suited for this work.

What happens if the electrician damages the equipment?

The customer is responsible for contracting the electrician. Any liability associated with this work would be assumed by the customer. If any future work is required at this site due to the electrical infrastructure or the work performed by the electrician would be the responsibility of the customer.

When should the electrician perform his work?

Once Flock installs the camera, you will receive an email alert letting you know that this has been completed. After this, you will need to schedule the electrician to route power to the pole.

What if my electrician has questions about Flock’s AC Kit?

You should share the packet with the electrician if they have questions.

What if the AC power is on a timer?

Sometimes the AC power will be on a timer (like used for exterior lighting). Flock requires that the AC power provided to the camera be constant. The source that the electrician uses must not be on a timing circuit.

AC-Power Kit Details
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 18 Installation Service Brief Summary
Below outlines the statement of work for the Flock Camera Installation:

What is covered by Flock
Flock Cameras &
Online Platform
Mounting Poles
AC Power Kit (as needed)
Solar Panels (as needed)
Site Surveys and Call 811
Scheduling
Installation Labor Costs
Customer Support / Training
Cellular Data Coverage
Maintenance Fees

(review for
more details)
Fees Sheet
Data storage for 30 days
Traffic Control and any
associated costs
*DOT Approved Pole cost Electrician

& ongoing electrical costs
Engineering Drawings
Relocation Fees
Contractor licensing fees
Permit application processing fees
Specialist mounting equipment
Bucket trucks
Loss, theft, damage to Flock
equipment
Camera downtime due to
power outage
***Field Technician Maintenance
for Falcon™ Flex
excluding changes during
initial installation
Including, but not limited
to, MASH poles or
adapters
**
Only applicable for

AC-powered cameras
What is NOT covered by Flock Special note
*
**
***
If a location requires a DOT pole (i.e., not our standard), the implementation cost will be $5,000/camera; This cost is applicable for installations in GA, IL, SC, TN, and CA.

MASH poles: Manual for Assessing Safety Hardware (MASH) presents uniform guidelines for crash testing permanent and temporary highway safety features and recommends evaluation criteria to assess test results

If a camera is lost, stolen, or damaged, a replacement device can be purchased at a discounted price of $800

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 19 Permitting: Pre-Install Questionnaire
Traffic Control & Installation Method(
- , this typically necessitates an entire lane to be
blocked in the direction of travel.

If a bucket truck is required
Can you provide a patrol car escort, or will
full traffic control be required?*

4. AC Power vs. Sola
- If AC powered, is there a 120V power source available, and is there access to an electrician who can connect the existing wire to the Flock Safety powered
- If solar-powered, consider the size of the solar panel and potential to impact the visibility of DOT signs/signalsb
- Single Panel: 21.25" x 14" x 2" (Length x Width x Depth - Double Panel: 21.25" x 28" x 2" (LxWxD)
installation kit

3. Right of WaÕ
- Will any Flock Safety cameras be installed on the city, state, or power company-owned poles or in the city, county, or state Right of Way (RoW) - What is the RoW buffer
- Will additional permits or written permission be required from third-party entities (such as DOT, power companies, public works, etc.) - Will any cameras be installed on city-owned traffic signal poles (vertical mass)?¸
- If yes, please provide heights/photos to determine if a bucket truck is needed for the installation.¸
- Note: A bucket truck is required if the height exceeds 15 feet tall.

2. Timelin$
- In Flock Safety s experience, in-depth permitting requirements can - The SLA for permit document submission is within 15 days from contract signature date (contract Closed-Won)

add 2+
months to the installation timeline.=

1. PLEASE NOTE: If traffic control is required, you may incur additional costs due to city/state requirements; Fees will be determined by quotes received.

DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 20 Paperwork & Required Form
# Flock Safety will need copies of paperwork to complete before proceeding (ex., business license applications, encroachment permit applications). We can save critical time by gathering these documents upfront. We appreciate your assistance in procuring these.

5. Contact
# If Flock Safety needs to interface directly with the departments, please share the contact information of the following departments:
# Permittin;
# Public Work@
# Traffic Department

6. #
# Will standard plans suffice, or are custom plans needed? Custom plans can double the cost, while standard plans can be pulled from the Manual of Uniform Traffic Control Devices j
# Will a non-sealed copy of the traffic plan suffice? Or does the traffic plan need to be sealed and/or submitted by a professional engineert # Are there state-specific special versions/variances that must be followedt # , the shoulder or sidewalk should suffice and
enable Flock Safety to proceed without traffic control systems in place.x # Note: In some states (i.e., arrow boards), sidewalks may require signage. If signage is mandatory, Will your Public Works department be able to assist?
If full traffic control is required (cones, arrow boards, etc.) (MUTCD)
If a bucket truck is not required
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 21 After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the deployment plan (“Reinstalls”) driven by a Customer’s request will incur a fee per the table below.

What services incur fees
Requested relocations post-approval by customer.
Relocations due to poor performance will be the responsibility of Floc! If a customer requests a location against the advisement of Flock, performance issues and any requested relocations will be the responsibility of the customer'
Per the contract and absent a defect, in the event that Flock Hardware is lost, stolen, or damaged, Customer may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy

Misc billables for out of scope items for each implementation

https://www.flocksafety.com/reinstall-fee-scheduleC
Incurred Fees
Camera relocatiow
Existing infrastructure (non-AC powered)........................................................c Flock pole (non-AC powered)..............................................................................c Advanced pole (non-AC powered)..................................................................c Replacementq
Camera only as a result of vandalism, theft, or damage .............................c Pole replacement only as a result of vandalism, theft, or damag Flock pole ..........................................................................................................c Advanced pole ...............................................................................................c Full replacement as a result of vandalism, theft, or damage. Flock pole, camera, and solar (non-AC Powered)..................................c Advanced pole, camera, and solar (non-AC Powered)..........................

$350

$750

$5000
$800
$500

$5000
$1300

$5800
*Fee Schedule
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 22 Trip charge ......................................................................................................................

Examples

Angle adjustment (elective

Install additional Flock signage

$35#
All fees are per reinstall or required visit (in the case that a reinstall is attempted but not completed) and include labor and materials. If you have any questions, please email [email protected].

Help Center
Our Help Center is filled with many resources to help you navigate through the online platform. Below you will find some common questions and their relevant help article:

(National Lookup - network of law enforcement agencies that have opted to allow their network of Flock cameras to be used for searches)

How do I search camera footage?

How do I add a user?

How do I add a vehicle to my own Hot List?

How do I enable browser notifications for Hot List alerts?

How do I get text alerts for Hot List?

How do I request camera access from other nearby agencies?

How do I use the National Lookup to search for a plate? How do I reset my / another user’s password?

Customer Support
You can reach our customer support team anytime by emailing . They can help answer any “How-To” questions you
may have.
[email protected]
DocuSign Envelope ID: C971BB6A-539C-46B0-BE7D-4855CEF99D83 1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 28, 2024
SUBJECT: AUTHORIZATION TO PURCHASE TWO VEHICLES FOR CITY FLEET REPORT IN BRIEF:

Staff is requesting to purchase two 2024 Toyota Sienna Hybrid minivans to replace two vehicles that have outlasted their useful life.

RECOMMENDED ACTION:

2. Authorize the purchase of two 2024 Toyota Sienna Hybrid minivans for a not-toexceed amount of $128,283, including a ten percent contingency; and

3. Authorize the City Manager to execute related purchasing documents.

BACKGROUND:

As part of the Fiscal Year (FY) 2023/24 Operating Budget, $136,000 from Air Quality Improvement Funds have been allocated for vehicle purchases. On April 9, 2024, the City Council authorized the surplus of three vehicles, two of which will be replaced with this purchase.

ANALYSIS/JUSTIFICATION:

One of the requested vehicles would be shared by the Homeless Outreach Coordinators while the other vehicle would be primarily assigned to the Information Technology Specialist. Based on staff feedback, it has been determined that a vehicle that allows for more separation between front seat and back seat passengers as well as includes a larger storage capacity would be beneficial to support current operations. The Homeless Outreach Coordinators are often required to transport homeless individuals and some of their belongings to facilitate provision of services. The IT Specialist often is required to transport large equipment between facilities.

Item: 9M
Click here to return to the agenda.
2 After a search spanning over four months to identify vehicles meeting the hybrid criteria required to satisfy the funding requirements as well as operational requirements, staff successfully secured two hybrid minivans from Toyota of Huntington Beach. The only vendor capable of fulfilling the order in a reasonable timeframe is Toyota of Huntington Beach, with confirmed availability of the specified vehicles within the next six to eight weeks. Additionally, staff compared online costs from Toyota of Anaheim and Toyota of Orange and found Toyota of Huntington Beach to be lower. Toyota of Garden Grove did not have a Sienna Hybrid in stock. Based on the funding source, this purchase will have no impact on the General Fund.

Effective July 1, 2024, all vehicles purchased with Air Quality Improvement Funds must be fully electric.

FISCAL IMPACT:

The FY 2023/24 Operating Budget includes sufficient funds for the requested purchase (Account No. 226-3800-703105).

ENVIRONMENTAL IMPACT:

The action required to be categorically exempt under the California Environmental Quality Act (“CEQA”) under Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect changes in the environment.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE:

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

PUBLIC NOTIFICATION:

Through the normal agenda process.

Prepared 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
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 28, 2024
SUBJECT: APPROVAL OF FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HARTZOG AND CRABILL, INC. TO PROVIDE ONCALL TRAFFIC OPERATIONS SERVICES REPORT IN BRIEF:

Hartzog and Crabill has been providing on-call traffic operations and engineering support services since 2014, including traffic signal operations support services. The fourth amendment to the professional services agreement will expire on June 30, 2024. If approved, this Fifth Amendment will allow Hartzog and Crabill to continue to provide services through June 30, 2025 at current rates.

RECOMMENDED ACTION:

3. Authorize the City Manager to execute the Fifth Amendment to the Professional Services Agreement.

BACKGROUND:

Hartzog and Crabill has been providing on-call traffic operations and engineering support services since 2014, including traffic signal operations support services. The fourth amendment to the professional services agreement will expire on June 30, 2024. If approved, this amendment will allow Hartzog and Crabill to continue to provide services through June 30, 2025 at current rates.

Item: 9N
Click here to return to the agenda.
2 ANALYSIS/JUSTIFICATION:

Hartzog and Crabill has provided satisfactory service to the City and also provides similar services to other Orange County cities, including the neighboring City of Cypress. City staff is recommending an amendment to the existing Agreement that would allow Hartzog and Crabill to continue to provide on-call traffic operations and engineering services through June 30, 2025. This contract amendment maintains current hourly rates with no increase and allows for the same not-to-exceed annual compensation amount of $95,000.

In Spring 2025, staff will issue a Request for Proposals (RFP) for on-call traffic operations services.

FISCAL IMPACT:

The proposed Amendment includes an annual not-to-exceed compensation amount of $95,000. The proposed Fiscal Year 2024-25 Operating Budget includes sufficient funds for traffic signal services (Account No. 225-3520-608105).

ENVIRONMENTAL IMPACT:

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

LEGAL REVIEW:

The City Attorney has reviewed the Fifth Amendment to the Agreement as to form.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 3: Provide a quality infrastructure.

Prepared 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. Fifth Amendment
B. Original Agreement
55414.00000\42261387.1
A-1

CITY OF STANTON

FIFTH AMENDMENT TO

AGREEMENT FOR ON-CALL TRAFFIC OPERATIONS SERVICES

1. PARTIES AND DATE.

This Fifth Amendment to the Agreement for On-Call Traffic Operations Services (“Fifth Amendment”) is entered into on the ___ day of ______, 2024, by and between the City of Stanton (“City”) and Hartzog and Crabill, 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 On-Call Traffic Operations Services dated June 24, 2014 (“Agreement”).

2.2 First Amendment. The Parties entered into an extension of the terms of the Agreement, dated August 9, 2016 (“First Amendment”) until June 30, 2018.

2.3 Second Amendment. The Parties entered into an extension of the terms of the Agreement, dated April 10, 2018 (“Second Amendment”) until June 30, 2020.

2.4 Third Amendment. The Parties entered into an extension of the terms of the Agreement, dated February 11, 2020 (“Third Amendment”) until June 30, 2022.

2.5 Fourth Amendment. The Parties entered into an extension of the terms of the Agreement, dated July 26, 2022 (“Fourth Amendment”) until June 30, 2024.

2.6 Fifth Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the total compensation, increase the rates of compensation under the Agreement, and clarify the scope of services. Neither the Agreement nor the amendments to the Agreement constitute “public works” contracts pursuant to Public Contract Code Section 20161 for which competitive bidding is required. Further, Stanton Municipal Code Section 2.56.110 allows the City to execute contracts for personal, professional, and consultant services without observing the City’s bidding procedures.

3. TERMS.

3.1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
“This Agreement shall commence on July 1, 2014 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.” Attachment: A
Click here to return to the agenda.
55414.00000\42261387.1
A-2

3.3 Compensation. Section 5(a) of the Agreement is hereby amended in its entirety to read as follows:
“The City shall pay Consultant monthly including authorized reimbursements, for all Services rendered under this Fourth Amendment at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference, based upon actual time spent on the above tasks. In no event shall the compensation for the Services provided pursuant to this Agreement exceed Ninety Five Thousand Dollars ($95,000) annually without written approval of the City Manager.”

3.4 Declaration of Political Contributions. Prior to the City’s approval of this Fifth Amendment, Consultant shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

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

IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to Agreement on this ___ day of __________, 2024.
[Signatures on following page]
55414.00000\42261387.1
A-3

SIGNATURE PAGE TO FIFTH AMENDMENT TO

AGREEMENT FOR ON-CALL TRAFFIC OPERATIONS SERVICES
CITY OF STANTON HARTZOG AND CRABILL, INC.

By:

Hannah Shin-Heydorn
City Manager
By:

Trammell G. Hartzog
President
ATTEST:

By:

Patricia A. Vazquez
City Clerk
By:

Gerald J. Stock
Executive Vice President/Secretary
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

CITY OF STANTON

FOURTH AMENDMENT TO

AGREEMENT FOR ON-CALL TRAFFIC OPERATIONS SERVICES

1. PARTIES AND DATE.

This Fourth Amendment to the Agreement for On-Call Traffic Operations Services ("Fourth Amendment") is entered into on the �day of Ju.Iv , 2022, by and between the City of Stanton ("City") and Hartzog and Crabill, Inc. ("Ccmsu1tant"). 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 On-Call Traffic Operations Services dated June 24, 2014 ("Agreement").

2.2 First Amendment. The Parties entered into an extension of the tenns of the Agreement, dated August 9, 2016 ("First Amendment") until June 30, 2018.

2.3 Second Amendment. The Parties entered into an extension of the terms of the Agreement, dated April 10, 2018 ("Second Amendment") until June 30, 2020.

2.4 Third Amendment. The Parties entered into an extension of the tenns of the Agreement, dated February 11, 2020 ("Third Amendment") until June 30, 2022, and also increased the contract price.

2.5 Fourth Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the total compensation, increase the rates of compensation under the Agreement, and clarify the scope of services.

3. TERMS.

3.1 Term. Section I of the Agreement is hereby amended in its entirety to read as follows:
"This Agreement shall commence on July I, 2014 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement." 3 .2 Scope of Services. The Agreement is hereby amended to include the scope of services set forth in Exhibit "A," attached hereto and incorporated herein by reference.

3.3 Compensation. Section 5(a) of the Agreement is hereby amended in its entirety to read as follows:
"The City shall pay Consultant monthly including authorized reimbursements, for all Services rendered under this Fourth Amendment at the rates set forth in Exhibit "B" / S,f½,.
"
\ "-"-'- Or,g\\\U/
Attachment: B
Click here to return to the agenda.
attached hereto and incorporated herein by reference, based upon actual time spent on the above tasks. In no event shall the compensation for the Services provided pursuant to this Agreement exceed Ninety Five Thousand Dollars ($95,000) annually without written approval of the City Manager."

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 contributions of money, in-ldnd 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 perfonn the Services described in this Agreement.
3 .5 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Fourth Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Fourth Amendment to Agreement on this 2) day of r) U I Y , 2022.

CITY OF STANTON
By:dt�� Han: ah Shin'..eyd_om
City Manager
�_,..,-----.....

ATT S.'F:.....--- f 0��
HARTZOG AND CRABILL, INC.
-;t;--· � By:�, Trammell G. Harizog:,..,::�
President . _,
----h�fi.":i;,...c:71,h-�1,�
By:� �-J::::;;.��u��'-\11, 9,\y: J)�
$6' Executive Vice President/Secretary

APPROVED AS TO F
By: M-_..._· __ _ ---�
Best Best & Krieger LLP
City Attorney
EXHIBIT "A"

TO FOURTH AMENDMENT TO

AGREEMENT FOR ON-CALL TRAFFIC OPERATIONS SERVICES

SCOPE OF SERVICES
Provide on an as-needed basis support in maintaining the City's traffic signal systems, which inclndes, but may not be limited to:
• Performing quarterly field reviews of these systems;
• Adjusting signal timing and creating signal timing sheets; and • Coordinating with the City's traffic signal maintenance contractor to resolve operational problems.

In addition, provide on an as-needed basis traffic engineering services to the City's engineering division, which includes, but may not be limited to:
• Attending Orange County Transportation Authority meetings on behalf of the City and taldng notes;
• Writing traffic engineering reports, including engioeering and traffic surveys, warrant analyses, and traffic impact analyses;
• Taking traffic counts;
• Reviewing signing and striping plans for public and private projects; • Providing expert traffic engineering design and planning services; • Preparing applications for public improvement funds and grants; and • As needed, serving as the City Traffic Engineer, iocluding City representation.

EXHIBIT `B"

TO FOURTH AMENDMENT TO

AGREEMENT FOR ON-CALL TRAFFIC OPERATIONS SERVICES

RATES OF COMPENSATION
Hartgog & CrnLill
Consulting Engineers
Schedule of Hourly Rates
Classification Hourly Rates
Expert Witness / Deposition....................................................................................... 290 Litigation Consultation............................................................................................... 260 Two -Person Survey Crew..................................-....................................................... 260 Litigation Field Evaluation......................................................................................... 235 Principal Consultant ......................( Tram Hartzog & Jerry Stock, PE, TE)........... 180 ProjectManager.......................................................................................................... 170 Registered Land Surveyor........................................................................................... 165 Senior Engineer ......................( Scott Mn, PE, TE & Bernie Dennis, TE)........ 155 Storm Water Permit Compliance Engineer ................................................................. 155 Associate Engineer.........................( Michael Vallado).................................... ............ 150 Construction Manager..................................._........................................................... 140 Traffic Signal System Supervisor ... ( Greg Cabey) ...................................................... 140 MoralArtist.................................................................................................................. 140 Senior Designer............................_( Todd Hartzog & Dave Martorano)........... ........ 135 Traffic Signal Systems Specialist ... ( Dave Pickrell & Michael Powers) ..................... 130 Assistant Engineer............................................................ 125 Draftsperson.................................................................................................................. 10.5 Technician..................................................................................................................... 90 WordProcessor............................................................................................................. 75 Clerical.......................................................................................................................... 60 Traffic Counts ( Cost. Plus 15%).................................................................._........

Note: Out of pocket expenses ( blueprinting, reproduction, printing and delivery service) will be invoiced at Cost. These other direct costs are included in the not -to -exceed values for the aforementioned scope of services. A 15% fee for administration, coordination and handling will be added to subcontracted services. This Schedule of Hourly Rates is effective as of July 1, 2022. Rates may be adjusted after that date to compensate for increases of inflationary trends.

Mileage shall be per current IRS rate. Rate can be found at the following link:
littus:// www. irs. gov/ tiewsrooin/ irs- issues- standard- mileage- renes- for- 2022. 17852 E. 17" .Street, Suite 101, • ' I'nstin, CA 92780 • ( 714) 7.41- 94.55

ORIGINAL
r- r
r r • a
Vi MOO I +
PARTIES AND DATE.

This Third Amendment to the Agreement for On- call Traffic Operation Services (" Third Amendment") is entered into on the 11t" day of February 2020, by and between the City of Stanton, a California municipal corporation, organized under the laws of the State of California, with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680 (" City") and Hartzog and Crabill, Inc., a California corporation, with its principal place of business at 17852 E. 17th Street, Suite 101 Tustin, CA 92780 (" Consultant"). City and Consultant are sometimes individually referred to herein as " Party" and collectively as "Parties."

2. RECITALS.

2. 1 Agreement. The Parties entered into that certain Agreement for On -Call Traffic Operation Services with Hartzog and Crabill, Inc. on June 24, 2014 (" Agreement").

2. 2 First Amendment. The Parties entered into an extension of the terms of the Agreement, dated August 9, 2016 (" First Amendment") until June 30, 2018. 223 Second Amendment. The Parties entered into an extension of the terms of the Agreement, dated April 10, 2018 (" First Amendment") until June 30, 2020. 224 Third Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement. Neither the Agreement nor the amendments to the Agreement constitute " public works" contracts pursuant to Public Contract Code Section 20161 for which competitive bidding is required. Further, Stanton Municipal Code Section 2. 56. 110 allows the City to execute contracts for personal, professional, and consultant services without observing the City' s bidding procedures.

3. 1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:

This Agreement shall commence on July 1 2014, 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."

3. 2 Payment. Section 5(a) of the Agreement is hereby amended in its entirety to read as follows:

ORIGINAL
above tasks. This amount shall not exceed Eighty Thousand Dollars for the remaining tonn of the Agreement uU| eSS additional payment is approved as provided in this on} B81o0t."

3. 3 Remainina Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

CITY OF STANTON
Jar rand
City anager
Clerk
APPROVED AS TO FORM: - 409YN IA
V
AAkTZOG AND CRABILL, INC.

Tram Hartzog
President
If Corporation, TWO S| GN/ q'URES,
President OR Vice President AND
Serret8ry0r| r
Z :Z),
w_ S
Best Best & Krieger LLP
City Attorney
rcc HARTZOG &
CRABILL, Inc.

Trammell Hartzog, President
Gerald J. Stock, PE, TE,
Executive Vice -President
17852 E. 17' Street
Suite 101
Tustin, CA 92780
Phone: ( 714) 731- 9455
FAX: ( 714) 731- 9498
www. hartzog- crabill. com
January 28, 2020
Mr. Allan Rigg, PE, AICP
Public Works Director/ City Engineer
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Subject: Proposal to Extend the Professional Services Agreement for Professional On -Call Traffic Signal Operations Support and Traffic Engineering Consulting Services through June 30, 2022 Dear Mr. Rigg:

As you know, Hartzog & Crabill, Inc. ( HCI) and the City of Stanton have had a long- standing professional working relationship, and we look forward to continue providing our traffic engineering services to the City.

As such, this letter is to confirm that our reduced hourly rates will stay the same as part of a 2 -year extension to our current contract ( see attached Fee Schedule).

We look forward to the City of Stanton' s acceptance of this letter and to continue working with you and your staff. If you have any questions or need more information please feel free to contact me at ( 714) 731- 9455.

Very truly yours,
HARTZOG & CRABILL, INC.

Trammell Hartzog /
President
Attachments: Schedule of Hourly Rates
Consulting Traffic Engineers to Government Agencies
Hartzog & Crabill
Consulting Engineers

SCHEDULE OF HOURLY RATES
Reduced Rates for City of Stanton)
FY 19/ 20 FYs 19/ 20 — 21/ 22
Classification Hourly Rates Hourly Rates
Regular) ( w/tI8%Reduction)
Expert Witness / Deposition 285 234
Litigation Consultation 255 209
Two -Person Survey Crew 255 209
Litigation Field Evaluation 230 186
Principal Consultant 175 144
Project Manager 165 135
Registered Land Surveyor 160 130
Senior Engineer 150 121
Storm Water Permit Compliance Engineer 150 121
Associate Engineer 145 117
Construction Manager 135 112
Traffic Signal System Supervisor 135 112
Mural Artist 135 112
Senior Designer 130 108
Traffic Signal Systems Specialist 125 103
Assistant Engineer 120 99
Draftsperson 100 84
Technician 85 70
Word Processor 70 56
Clerical 55 47
Traffic Counts ( Cost, plus 10%)
Note: Out of pocket expenses ( blueprinting, reproduction, printing and delivery service) will be invoiced at Cost.

These other direct costs are included in the not -to -exceed values for the aforementioned scope of services. A 10% fee for administration, coordination and handling will be added to subcontracted services. This Schedule of Hourly Rates is effective as of July 1, 2019. Rates may be adjusted after that date to compensate for increases of inflationary trends. Mileage shall be per current IRS rate ( rate can be found at the following link:
llttDS:// www. ife.b D. org/ news/reR Lilatorvupdates/ Pages/ 2019- irs- mileage- rates. aspx 17852 E. 1711 Street, Suite 101, * Tustin, CA 92780 • ( 714) 731- 9455

ORIGINAL

CITY OF STANTON

SECOND AMENDMENT TO AGREEMENT

FOR ON-CALL TRAFFIC OPERATIONS SERVICES
PARTIES AND DATE.

This Second Amendment to the Agreement for On- call Traffic Operation Services Second Amendment") is entered into on the 10th day of April 2018, by and between the City of Stanton, a California municipal corporation, organized under the laws of the State of California, with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680 (" City") and Hartzog and Crabill, Inc., a California corporation, with its principal place of business at 17852 E. 17th Street, Suite 101 Tustin, CA 92780 (" Consultant"). City and Consultant are sometimes individually referred to herein as " Party" and collectively as " Parties."

2. RECITALS.

2. 1 Agreement. The Parties entered into that certain Agreement for On -Call Traffic Operation Services with Hartzog and Crabill, Inc. on June 24, 2014 ("Agreement").

2. 2 First Amendment. The Parties entered into an extension of the terms of the Agreement, dated August 9, 2016 (" First Amendment") until June 30, 2018. 223 Second Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement. Neither the Agreement nor the amendments to the Agreement constitute " public works" contracts pursuant to Public Contract Code Section 20161 for which competitive bidding is required. Further, Stanton Municipal Code Section 2. 56. 110 allows the City to execute contracts for personal, professional, and consultant services without observing the City' s bidding procedures.

3. TERMS.

3. 1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:

This Agreement shall commence on July 1 2014, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2020, unless sooner terminated pursuant to the provisions of this Agreement."

3. 2 Payment. Section 5( a) of the Agreement is hereby amended in its entirety to read as follows:

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 Eighty Thousand Dollars for the remaining term of the Agreement unless additional payment is approved as provided in this Agreement."

ORIGINA(-

3. 3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

CITY OF STANTON HARTZOGAN ABILL, INC.
v
By: By:

James x Tram Hartzog
City nag r President
APPROVED AS TO FORM:

By: <
Bet Wst & I rieger LLP
City Attorney
If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary or T asurer R UIRED]
By:

Id J. Stck, PE, rr
Executive Vice President / Secretary

CITY OF STANTON

FIRST AMENDMENT TO AGREEMENT

FOR ON- CALL TRAFFIC OPERATIONS SERVICES
PARTIES AND DATE.

This First Amendment to the Agreement for On- call Traffic Operation Services (" First Amendment") is entered into on the 9`h day of August, 2016, by and between the City of Stanton, a California municipal corporation, organized under the laws of the State of California, with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680 (" City") and Hartzog and Crabill, Inc., a California corporation, with its principal place of business at 17852 E. 17th Street, Suite 101 Tustin, CA 92780 (" Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as " Parties."

2. RECITALS.

2. 1 Agreement. The Parties entered into that certain Agreement for On -Call Traffic Operation Services with Hartzog and Crabill, Inc. on June 24, 2014 (" Agreement").

2. 2 First Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement. Neither the Agreement nor the amendments to the Agreement constitute " public works" contracts pursuant to Public Contract Code Section 20161 for which competitive bidding is required. Further, Stanton Municipal Code Section 2. 56. 110 allows the City to execute contracts for personal, professional, and consultant services without observing the City' s bidding procedures.

3. TERMS.

3. 1 Term. Section 1 of the Agreement is hereby amended in its entirety to read as follows:

This Agreement shall commence on July 1, 2014 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30. 2018 unless sooner terminated pursuant to the provisions of this Agreement."

3. 2 Payment. Section 5(a) of the Agreement is hereby amended in its entirety to read as follows:

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 Forty Thousand Dollars for the remaining term of the Agreement unless additional payment is approved as provided in this Agreement."

3. 3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

CITY OF STANTON
By:

James A.

City Mana r
A
B
APPROVED AS TO FORM:

By: :: 6kL A
Best Best & Krieger LLP
City Attorney

HARTZOG AND CR BILL, IN
By: Ie ', -""r
Trammel Hartzog,
President
If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary or reasurer EQUIRED]
By:

Gerald J. ock,
Secretary

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of June 24, 2014, between the City of Stanton, a California Municipal Corporation ( " City ") and Hartzog & Grabill, Inc., ( " Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

TERM
This Agreement shall commence on July 1, 2014 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016 unless sooner terminated pursuant to the provisions of this Agreement. This contract will cover a two year period, with $ 20, 000.00 allocated for FY14 -15, and allocated for $ 20,000.00 FYI 5- 16, The total amount of this contract will not exceed $ 40, 000. 00.

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

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his /her ability, experience, and talent, perform all tasks described herein.

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 behalf and to execute all necessary documents that enlarge the Tasks to Be Performed or change Consultant' s compensation, subject to Section 5 hereof.

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 Forty Thousand ($ 40,000. 00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent ( 10 %) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($ 10, 000. 00). Any additional work in excess of this amount shall be approved by the City Council. c) Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty ( 30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant' s fees it shall give written notice to Consultant within thirty ( 30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten ( 10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 2 7. DEFAULT OF CONSULTANT
a) The Consultant' s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant' s control, and without fault or negligence of the Consultant, it shall not be considered a default. b) If the City Manager or his /her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/ she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten ( 10) days after service of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement.

Consultant shall 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 Liabilitv. 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 Liabilitv. 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 11 to do so will in no way act as a waiver. This obligation to indemnify and defend City is binding on the successors, assigns or heirs of Consultant, and shall survive the termination of this Agreement or this section. d) Obligation to Defend. It shall be the sole responsibility and duty of Consultant to fully pay for and Indemnify the City for the costs of defense, including but not limited to reasonable attorney' s fees and costs, for all Claims against the City and the Indemnified Parties, whether covered or uncovered by Consultant' s insurance, against the City and the Indemnified Parties which arise out of any type of omission or error, negligent or wrongful act, of Consultant, its officers, agents, employees, or subcontractors. City shall have the right to select defense counsel.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.

11. INDEPENDENT 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.
5 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.

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, 0 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 party as set forth below or at any other address as that party may later designate by notice:

To City: City of Stanton
7800 Katella Ave
Stanton, California 90680
Attention: Deputy City Clerk
To Consultant: Hartzog & Crabill, Inc.
17852 E. 171h Street, Suite 101
Tustin, CA 92780

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Hartzog & Crabill, Inc. shall perform the services described in this Agreement.

IM
20 21

22. 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.

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,

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.

CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit "A" hereto.

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.
0 CITY OF STANTON
By
Jai
Cit
Approved As To For
Matthew E. Richardson, City Attorney
0 CONSULTANT
MMJFtL dTZiZoG
Typed Name)
Its: 2Fs

ARWILOM

TASKS TO BE PERFORMED
Provide services necessary to provide the City with on -call traffic operation services as described in the Request for Proposal dated May 15, 2014. 10 REQUEST FOR PROPOSAL (RFP)
FOR
On -Call Traffic Operations Services
RFP responses to be received until
10: 00 A.M. June 10 2014
In the Office of the Public Works Department
City of Stanton
7800 Katella Avenue,
Stanton, CA 90680 -3162
ATTN: Allan Rigg, Director of
Public Works / City Engineer
Ap roved for Advertising:

Allan Rigg, P. E.

Director of Public Works / City Engineer
Date Issued: May 15. 2014
SECTION I. GENERAL DESCRIPTION AND INTRODUCTION
SECTION II. PROJECT BACKGROUND
SECTION III. SCOPE OF SERVICES
SECTION IV. PROGRESS SUBMITTALS
SECTION V. PROPOSAL SUBMISSION REQUIREMENTS
SECTION VI. SELECTION CRITERIA
SECTION VII. SELECTION PROCESS
SECTION VIII. SUBMISSION DEADLINE
SECTION IX. REQUEST FOR ADDITIONAL INFORMATION
SECTION X. TAXES AND LICENSE
SECTION XI. INSURANCE
SECTION I. GENERAL DESCRIPTION AND INTRODUCTION
The City of Stanton, Public Works / Engineering Department is requesting proposals from qualified engineering firms to provide the City of Stanton with on -call traffic operations services.

Proposals must conform to the requirements of this Request for Proposal ( RFP), and must be submitted in a sealed envelope, to the Department of Public Works no later than 10: 00 a. m., on June 10, 2014. The consultant contract is anticipated to be awarded on June 24, 2014. The City reserves the right to waive any irregularity in any proposal, or to reject any proposal that does not comply with this RFP. The City alone, using criteria determined by the City, will select the qualified firm and /or consultant.

SECTION IL PROJECT BACKGROUND
The City of Stanton ( City) has a population of approximately 39, 000. Its boundary covers over 3. 1 square miles ( 1, 993 acres) of residential, commercial and industrial areas.

SECTION III. SCOPE OF SERVICES
The City of Stanton, Public Works / Engineering Department, is requesting proposals from qualified engineering firms to provide the City of Stanton with on -call traffic operations services. The selected consultant is required to, on an as- needed basis; provide support in maintaining the City' s traffic signal systems. This will include, performing quarterly field reviews of these systems, providing any necessary adjustments to the signal timing, coordinating with the City' s traffic signal maintenance contract to resolve operational problems, and providing any other necessary traffic operations and engineering services needed by the City. The City' s traffic signal system constsis of 12 traffic signals, 2 mast arm mounted flashing beacons, and 1 signalized crosswalk beacon.

The length of this contract will be two years with the right of the City to extend it for two additional two -year terms at the sole discretion of the City.

SECTION IV. PROPOSAL SUBMISSION REQUIREMENTS
The Department has established requirements for the proposal format. Proposals shall be submitted in a reusable one- inchthree ring binder. All pages shall be duplex copied.

Four copies of the proposal must be submitted containing the following elements:

1. Cover Letter.

2. Firm Structure and History. Including the firm' s experience managing on -call contracts that are similar in magnitude and scope, key personnel and structure organization chart), credentials, background, and ownership of the firm. Include the firm' s previous experience with providing on -call City Traffic Operations Services.

3. Key personnel: List qualifications of personnel with resumes and a breakdown of responsibilities. The Firm' s project manager, who will be responsible for planning, coordinating, and conducting the majority of the work, must be identified and committed throughout the course of the contract. The City must approve changes to key personnel committed to work on the project subsequent to award of contract.

4. A narrative briefly describing the proposed approach using general descriptions for the activities and how this approach will ensure timely completion.

5. A list of proposed sub - consultants, sub - contractors, suppliers, and manufacturers, including their qualifications pertinent to this service.

6. A client reference list from previous on -call contracts of similar scope and magnitude. List should include key personnel- contacts and their position with the agency.

7. Company fee schedule included with the submittal but in a separate sealed envelope. The proposal shall include:

1. A table indicating total costs for previously completed projects that are of similar scope and magnitude to those described in this Request for Proposal.

2. Billable hourly rates of personnel that will be involved in the contract.

SECTION V. SELECTION CRITERIA
The proposals will be evaluated on the following factors, but may not be limited to just these factors:

Staffing Capabilities / Technical Competence
Extensive knowledge and background with performing on -call traffic operations services for local municipalities. The firm should have direct experience and knowledge of all regulatory agencies.

Past Performance Record
Experience in completion of projects of similar complexity and scale for other agencies within Southern California is desirable. Efficiency and timeliness in completion of program requirements.

Approach to Work
Methodology to be implemented to address and coordinate the various elements within the program.

Cost Control
Demonstrated ability to provide innovative and reliable solutions using available City resources.

SECTION VI. SELECTION PROCESS
Selection of the consultant will be made in accordance with the provision of Chapter 10 of the California Government Code, Sections 4526 and 4529. 5. Stating that selection of professional services is made on the basis of competence and qualifications without regard to fee. The fee will be opened and evaluated after selection of the consultant is complete.

Each RFP will be reviewed to determine if it meets the submittal requirements contained within this RFP. Failure to meet the requirements for the RFP will be cause for rejection of the proposal. The City may reject any proposal if it is conditional, incomplete or contains irregularities. The City may waive an immaterial deviation in a proposal, but this shall in no way modify the proposal document or excuse the consultant from compliance with the contract requirements if the consultant is awarded a contract.

Proposals that meet the criteria of this RFP will be reviewed by a panel. The Department may conduct oral interviews. The selected firms will be notified, in advance, of the time and place for the oral interviews. Consultants will also be advised of additional information, if any, to be submitted at the oral interviews. Failure to appear at the interview will be considered non - responsive and the firm will be eliminated from any further consideration. Upon completion of the oral interviews, the City of Stanton will select the top ranked consultant deemed to be most qualified.

The successful consultant to whom work is awarded shall, within ten ( 10) days after being notified, enter into a contract with the City for the work in accordance with the specifications and shall furnish all required documents necessary to enter into said contract. Failure of the successful bidder to execute the contract within said ten ( 10) days shall be just cause for the City to contract with the next responsible consultant.

SECTION VII, SUBMISSION DEADLINE
Attention: Allan Rigg, P. E.

Director of Public Works / City Engineer
City of Stanton
Department of Public Works
7800 Katella Avenue
Stanton CA 90680 -3162
The proposal must be received at the above office no later than the date listed on the cover.

There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act Government Code Sec. 6250 et seq.), Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded.

The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly, and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected firm.

All property rights, including publication rights of all reports produced by the selected firm in connection with services performed under this agreement shall be vested in the City.

SECTION VIII. REQUEST FOR ADDITIONAL INFORMATION
To receive any written responses to Requests for Information or other addenda issued by the City to be made a part of this Request for Proposal prior to the submittal date please e- mail contact information to:
arigg @ci. stanton, ca. us
Re: On -Call City Traffic Operations Services
SECTION X. TAXES AND LICENSES
All taxes and licenses, including, but not limited to, a Stanton City Business License, required for this project shall be obtained at the sole expense of the consultant.

SECTION XI. INSURANCE
Before the City executes a contract, the selected firm shall furnish the City a certificate evidencing Workmen' s Compensation Insurance with limits no less than $ 1, 000, 000 per accident and Comprehensive Professional Liability Insurance or General Liability Insurance with limits no less than $ 2,000, 000 per occurrence. The City shall be named as the Additional Insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy.

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below.

Consultant shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office " Commercial General Liability' policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $ 2, 000, 000 per occurrence.

2. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 ( Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $ 1, 000, 000 per accident.

If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant' s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

3. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer' s liability limits no less than $ 1, 000, 000 per accident or disease.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $ 1, 000, 000 per claim and in the aggregate. The policy must " pay on behalf of the insured and must include a provision establishing the insurer' s duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement.
11 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A. M. Bests rating of A or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 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.

5. No liability policy shall contain any provision or definition that would serve to eliminate so- called " third party action over' claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage ( e. g. elimination of contractual liability or reduction of discovery period) that may affect City' s protection without City' s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant' s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in 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 12 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.

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.

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.

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.

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. 14 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.
15 G
HARTZOG & C CRABILL, Inc.

Trammell Hartzog, President
Jeny Crabill, P.E., (Retired)
Gerald . l. Stock, P. E., Executive
Vice President
17852 E. 17th Street
Suite 101
Tustin, CA 92780
Phone: ( 714) 731 -9455
FAX: ( 714) 731 -9498
Nrnvns hattzog -a ab i ll.coto
June 9, 2014
Mr. Allan Rigg, P. E.

Director of Public Works / City Engineer
City of Stanton
Department of Public Works
7800 Katella Avenue
Stanton, CA 90680 -3162
Subject: Proposal to Provide " On -Call Traffic Operations Services" Dear Mr. Rigg:

Hartzog & Crabill, Inc, ( HCI) is pleased to submit this proposal to provide professional engineering services to the City of Stanton in response to the City' s Request for Proposal ( RFP) for On -Call Traffic Operations Services, issued May 15, 2014, which is incorporated in its entirety as a part of our proposal. HCI is proposing to provide our services for all disciplines included in the RFP, and will perform all tasks necessary to assist the City with any Traffic Operations and Traffic Engineering type projects.

We welcome tliis opportunity to continue our professional relationship with yourself and the City of Stanton. As you may know, HCI has successfully provided many of these same types of traffic- related design set-vices to numerous Southern California agencies, including the City of Stanton. We have attached a reference listing of our client cities for which we have provided similar services for your review and consideration. As is the case with the City of Stanton, several of these other cities have elected to retain our firm for various " on- call" signal operations and traffic engineering services, which we believe is a good indicator of their satisfaction with our work. We encourage the City of Stanton to contact our references for further verification of our performance.

If selected, Mr. Trammell Hartzog, our company president, will continue to serve as the Project Manager for providing these services and will be the primary contact between HCI and the City of Stanton. Mr. Jerry Stock, our company executive vice - president and registered civil and traffic engineer, will also be involved in aspects of requested traffic study work. Our Senior Engineers, Mr. Mark Esposito, PE, TE, PTOE and Mr. Armando Solis, PE, will also be responsible for assisting in addressing the City' s requested. setvices.

Consulting li y(fic Engineers to Govermneni Agencies
Mr. Allan Rigg, P. E.

June 9, 2014

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Stanton City CouncilMay 28, 2024

Stanton City Council
May 28, 2024