Agenda — Stanton City Council, January 28, 2025 (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 January 28, 2025, 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: January 23, 2025
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: (828 9216 5072) 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/82892165072?pwd=Rrm4Pl9eyNAWWBcmr10TWTGpXqmzLb.1

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 January 28, 2025

Page 1 of 13 ends

AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

SPECIAL & JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, JANUARY 28, 2025
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: (828 9216 5072) 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/82892165072?pwd=Rrm4Pl9eyNAWWBcmr10TWTGpXqmzLb.1

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 January 28, 2025

Page 2 of 13 ends

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.

The City Council is required to comply with the Levine Act (Government Code § 84308). The purpose of the Levine Act is to prevent public officials from being influenced by campaign contributions from parties and other financially interested persons appearing before them and to prevent officials from using their position of authority to unduly influence applicants to make contributions to campaigns. The Levine Act only applies to certain matters brought to the City Council, including permits, licenses, some contracts, and other entitlements for use. While these matters are pending and for 12 months after a decision has been made, a Council Member may not accept, solicit, or direct campaign contributions of more than $500 from parties/participants who have a financial interest in the proceedings, or their respective agents. In addition, a Council Member who has received such a contribution may be required to disclose the contribution and recuse themselves from consideration of an agenda item. This summary of the Levine Act does not constitute legal advice. Council members who need to recuse themselves from an agenda item may provide notice at any time during the Council meeting before consideration of the item. Under certain circumstances, contributions may be returned by the public official in order to participate in a decision or otherwise cure a potential violation.

1. CLOSED SESSION (5:30 PM)

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

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

4. CLOSED SESSION
4A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Number of Potential Cases: 1
4B. 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: 30-2023-01316300-CU-WM-CXC
Stanton City Council Agenda Prepared by the Office of the City Clerk January 28, 2025

Page 3 of 13 ends

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

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

7. PLEDGE OF ALLEGIANCE

8. SPECIAL PRESENTATIONS AND AWARDS
Sponsorship Update – 2024 Santa’s Siren Express event report and update.

9. CONSENT CALENDAR
All items on the Consent Calendar may be acted on simultaneously, unless a Council/Board Member requests separate discussion and/or action.

CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE

PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED
RECOMMENDED ACTION:

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated December 27, 2024 – January 9, 2024, in the amount of $3,123,700.45.

Stanton City Council Agenda Prepared by the Office of the City Clerk January 28, 2025

Page 4 of 13 ends

9C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Special and Joint Regular Meeting – January 14, 2025.
9D. THIRD AMENDMENT TO AGREEMENT FOR THE STANTON FAMILY RESOURCE

CENTER UNDER THE COUNTY OF ORANGE FAMILIES AND COMMUNITIES

TOGETHER (FACT) PROGRAM
The City Council will consider approving the Third Amendment to the Agreement for Family Resource Center Services, which includes an increase in funding for Year Five from $370,800 to $390,800 and updates related to compliance, security, and emergency response requirements.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Approve the Third Amendment to the Agreement for Family Resource Center Services with the County of Orange Social Services Agency; and

3. Authorize the City Manager to bind the City of Stanton and the County of Orange Social Services Agency in an amended agreement to provide Family Resource Center services.
9E. RENEWAL OF DECLARATION THAT AN EMERGENCY CONDITION EXISTS

ARISING FROM DAMAGE TO THE WESTERLY END STANTON PARK PEDESTRIAN BRIDGE
Consideration of the City Council to continue declaring the repair an emergency. The westerly end pedestrian bridge at Stanton Park has been damaged and unusable since June 2023. The pedestrian bridge is a major pedestrian walkway serving many of the residents of the City.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Find that the City Council continues declaring the repairs an emergency.

Stanton City Council Agenda Prepared by the Office of the City Clerk January 28, 2025

Page 5 of 13 ends

9F. AWARD OF CONSTRUCTION CONTRACT FOR THE FISCAL YEAR (FY) 2023/24 CITYWIDE ALLEY RESURFACING PROJECT (TASK CODE NO. 2024-101) Nine bids for the FY 2023/24 Citywide Alley Resurfacing Project were opened on December 10, 2024. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by Sequel Contractors, Inc. to be the lowest responsible and responsive bid at $631,370.

RECOMMENDED ACTION:

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

2. Award a construction contract for the FY 2023/24 Citywide Alley Resurfacing Project to Sequel Contractors, Inc. for the bid amount of $631,370 and reject all other bids; and

3. Authorize the City Manager to bind the City of Stanton and Sequel Contractors, Inc. in a contract for the construction; and

4. Authorize the City Manager to approve contract change orders, not to exceed $63,137; and

5. Authorize the City Manager to amend the adopted OCTA FY 2024/2025 – FY 2030/31 Measure M Seven Year Capital Improvement Program to include the FY 2023/24 Citywide Alley Resurfacing Project.
9G. AUTHORITY TO ADVERTISE FOR CONSTRUCTION OF CITYWIDE SIGN REPLACEMENT PROJECT (PHASE 1)
The plans, specifications, and necessary documents for the Citywide Sign Replacement Project (Phase 1) are complete. The City Engineer is recommending City Council approve the specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner. The Project plans and specifications are available in the City Engineer’s Office for review.

RECOMMENDED ACTION:

1. City Council find that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures and facilities; and

2. Approve the bid specifications and plans, subject to revisions required by the City Engineer and the City Attorney; and

3. Authorize and advertise for bids the Citywide Sign Replacement Project (Phase 1).

Stanton City Council Agenda Prepared by the Office of the City Clerk January 28, 2025

Page 6 of 13 ends

9H. AWARD A PROFESSIONAL SERVICES AGREEMENT TO NOBEL SYSTEMS, INC.

FOR GIS SERVICES
The City requires the services of a qualified consultant to provide a Geographic Information System (GIS), which is a vital information tool for effectively conducting City duties and supporting decision making. Pursuant to the Purchasing Policy, staff is requesting an exception to the standard procurement procedures through the use of Cooperative Purchasing and is recommending award of a Professional Services Agreement to Nobel Systems, Inc. for a term of three years.

RECOMMENDED ACTION:

1. City Council declare this action to be categorically exempt under the California Quality Act (“CEQA”), since the action herein does not constitute a “project” as defined by Section 15378 of the CEQA guidelines; and

2. Authorize staff to exercise an exception to the standard procurement procedures through the use of Cooperative Purchasing; and

3. Award a Professional Services Agreement to Nobel Systems, Inc. to provide GIS services for a term of three years in an amount not-to-exceed $43,350 or $14,450 annually; and

4. Authorize the City Manager to bind the City of Stanton and Nobel Systems, Inc. in an Agreement to provide the services.
9I. APPROVAL OF FIRST AMENDMENT TO AGREEMENT FOR TOWING SERVICES The City Council will consider approval of the First Amendment to the Agreement for General Services – Towing Services with Action Southland Enterprises, Inc., DBA Action Southland Towing to extend the term of the Agreement to September 30, 2025. Action Southland Towing currently provides towing services for the City and the Orange County Sheriff’s Department.

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 First Amendment to the existing Agreement for General Services - Towing Services with Action Southland Enterprises, Inc., DBA Action Southland Towing; and
Stanton City Council Agenda Prepared by the Office of the City Clerk January 28, 2025

Page 7 of 13 ends

3. Authorize the City Manager to bind the City of Stanton and Action Southland Enterprises, Inc., DBA Action Southland Towing in a contract to provide towing services to the City of Stanton for an extended term from September 30, 2024 to September 30, 2025.
9J. RESOLUTION INITIATING PROCEEDINGS AND ORDERING THE ENGINEER TO

PREPARE AND TO FILE A REPORT FOR THE STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1
As part of the annual update to the Lighting and Landscaping District No. 1, certain procedural resolutions must be adopted by the City Council. The proposed resolution orders the Engineer’s report for the Fiscal Year 2025/26 update.

RECOMMENDED ACTION:

1. City Council find 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. Adopt Resolution No. 2025-05 initiating proceedings and ordering the Engineer’s report for the Fiscal Year 2025/26 update, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL

ASSESSMENTS FOR THE STANTON LIGHTING AND LANDSCAPING
DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026; AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE THEREWITH”.

END OF CONSENT CALENDAR

10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS None.

Stanton City Council Agenda Prepared by the Office of the City Clerk January 28, 2025

Page 8 of 13 ends

12. NEW BUSINESS
12A. AN ORDINANCE AMENDING PROVISIONS OF STANTON MUNICIPAL CODE CHAPTER 2.32 OF TITLE 2 REGARDING THE PARKS, RECREATION AND

COMMUNITY SERVICES COMMISSION
The City Council recently directed staff to bring back an ordinance that fixed the number of Parks, Recreation and Community Services Commissioners from seven members, to five members. The proposed ordinance implements that change and also proposes renaming the Commission to the “Community Services Commission.” RECOMMENDED ACTION:

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

2. Introduce Ordinance No. 1159, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING CHAPTER 2.32 OF TITLE 2 OF THE STANTON

MUNICIPAL CODE REGARDING THE PARKS, RECREATION, AND
COMMUNITY SERVICES COMMISSION’S NAME, NUMBER, AND
APPOINTMENT PROCESS”; and

3. Set said ordinance for adoption at the February 11, 2025 regularly scheduled City Council meeting.
12B. STUDY SESSION ON HOMESTEADING
At the September 24, 2024 City Council meeting, Mayor Pro Tem Torres requested the following item be agendized for discussion: “Request to Hold a Study Session Relating to Homesteading Within the City.” At its meeting of October 8, 2024, the City Council received consensus and directed staff to proceed.

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 or governments that will not result in direct or indirect physical changes in the environment); and

2. Provide direction to staff.

Stanton City Council Agenda Prepared by the Office of the City Clerk January 28, 2025

Page 9 of 13 ends

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.
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.

Stanton City Council Agenda Prepared by the Office of the City Clerk January 28, 2025

Page 10 of 13 ends

15D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING REVIEW OF THE CITY’S CURRENT MUNICIPAL CODES RELATING TO FENCING REQUIREMENTS

AND SETBACKS WITHIN THE CITY
At the January 14, 2025, City Council meeting, Council Member Barrios requested that this item be agendized for discussion. Council Member Barrios is requesting to discuss review of the City’s current Municipal Codes relating to fencing requirements and setbacks.

RECOMMENDED ACTION:

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

NAME USAGE FOR CITY PARKS / RENAMING OF PARKS
At the January 14, 2025, City Council meeting, Council Member Warren requested that this item be agendized for discussion. Council Member Warren is requesting to discuss clarification of name usage for City parks and the renaming of Zuniga Park to Victor Zuniga Park and Stanton Park to Phillip Stanton Park.

RECOMMENDED ACTION:

City Council provide direction to staff.
15F. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING PUBLIC SAFETY

RELATING TO NATURAL OR MAN-MADE DISASTERS
At the January 14, 2025, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss public safety / public disasters relating to natural or man-made disasters, revisit the City’s evacuation plans, and presentation of resources provided by the Orange County Fire Authority and Orange County Sheriff’s Department.

RECOMMENDED ACTION:

City Council provide direction to staff.

Stanton City Council Agenda Prepared by the Office of the City Clerk January 28, 2025

Page 11 of 13 ends

15G. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING PLANNING

COMMISSION DEVELOPMENT
At the January 14, 2025, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss the assurance that the City’s Planning Commission is informed of the inner workings of the City’s processes in developing the Stanton business community and ways in which the City can apprise the Commission of any changes to local, State, and Federal laws.

RECOMMENDED ACTION:

City Council provide direction to staff.
15H. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING MAYOR’S

APPOINTMENTS OF COUNCIL MEMBERS AS REPRESENTATIVES TO VARIOUS

BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES
At the January 14, 2025, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss review of the Mayor’s appointments and each appointees responsibilities and interactions while serving on appointed boards / commissions / committees / agencies.

RECOMMENDED ACTION:

City Council provide direction to staff.
15I. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING AWARD OF SINGLESOURCE CONTRACTS At the January 14, 2025, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss award of singlesource contracts as well as how the City awards bids to local businesses for both building and supplies.

RECOMMENDED ACTION:

City Council provide direction to staff.

Stanton City Council Agenda Prepared by the Office of the City Clerk January 28, 2025

Page 12 of 13 ends

15J. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING REVIEW OF THE CITY’S GENERAL PLAN AND ANY AMENDMENTS
At the January 14, 2025, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss review of the City’s General Plan and any amendments made since its most recent implementation.

RECOMMENDED ACTION:

City Council provide direction to staff.
15K. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING ADDING ITEMS TO

AN AGENDA BY THE CITY COUNCIL
At the January 14, 2025, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to review the process in which the Mayor and/or Council Members can place an item on a City Council meeting agenda.

RECOMMENDED ACTION:

City Council provide direction to staff.
15L. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING COMMUNITY

DEVELOPMENT DEPARTMENT PROCEDURES
At the January 14, 2025, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss methods in which the City Council can assist the Planning Department in serving the City’s businesses and residents in expediting process times for applications and streamlining all phases of Community Development by either increasing the number of personnel and/or subcontracting out a variety of the department’s needs.

RECOMMENDED ACTION:

City Council provide direction to staff.

Stanton City Council Agenda Prepared by the Office of the City Clerk January 28, 2025

Page 13 of 13 ends

15M. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING REVIEW OF THE

FUTURE OF THE TINA PACIFIC NEIGHBORHOOD
At the January 14, 2025, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss review of the future of the Tina Pacific neighborhood and assisting the residents within that district.

RECOMMENDED ACTION:

City Council provide direction to staff.
15N. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING 4TH OF JULY

HOLIDAY
At the January 14, 2025, City Council meeting, Mayor Shawver requested that this item be agendized for discussion. Mayor Shawver is requesting to discuss in support of Council Member Taylor’s request for a study session addressing the 4th of July holiday, adding to the request, review of new technologies, laws, and resources to eliminate illegal fireworks in Stanton.

RECOMMENDED ACTION:

City Council provide direction to staff.

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

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
17A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.

18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 23rd day of January, 2025. s/ Patricia A. Vazquez, City Clerk/Secretary

December 27, 2024 - January 9, 2025
Payments to Vendors:

Electronic Transaction Nos. $ 84,816.66
Check Nos. 138757-138784 (A) 1,176,697.43
Other Electronic Transactions ACH (B) 1,710,909.88
Total Payments to Vendors $ 2,972,423.97
Direct Deposit Payments (C):

Payroll dated January 2, 2025 151,276.48
TOTAL PAYMENTS $ 3,123,700.45
Notes:

A = Check number 138714 was not issued because it was damaged during the check printing process.

B = These are electronic payments processed via a file exported from the City's Finance system and uploaded to the City's bank account. The City's Finance system designates these payment transactions as "ACH". A specific transaction number is not assigned.

C = 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
3511-3519
conform to the City of Stanton Annual
Budget as approved by the City Council.

Demands listed on the attached registers
City Manager Finance Director
Item: 9B
Click here to return to the agenda.

ATTACHMENT A

Page 1 of 8 ends

ATTACHMENT A

Page 2 of 8 ends

ATTACHMENT A

Page 3 of 8 ends

ATTACHMENT A

Page 4 of 8 ends

ATTACHMENT A

Page 5 of 8 ends

ATTACHMENT A

Page 6 of 8 ends

ATTACHMENT A

Page 7 of 8 ends

ATTACHMENT A

Page 8 of 8 ends

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 1 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY OF THE CITY OF STANTON MEETING JANUARY 14, 2025

SPECIAL CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (5:30 PM)

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

1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 5:30 p.m. by Mayor / Chairman Shawver.

2. ROLL CALL

Present: Council/Agency/Authority Member Barrios, Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Warren, Mayor Pro Tem/Vice Chairman Torres, 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 / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 5:31 p.m. for discussion regarding:
4A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1

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

MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 6:37 p.m.

Item: 9C
Click here to return to the agenda.

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 2 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
The City Attorney / Agency Counsel reported that the Stanton City Council / Successor Agency / Housing Authority met in closed session from 5:30 to 6:37 p.m.

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

6. ROLL CALL

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

Absent: None.

Excused: None.

7. PLEDGE OF ALLEGIANCE
Led by Ms. Clarissa Serpas, Public Affairs Manager, Southern California Gas Company.

8. SPECIAL PRESENTATIONS AND AWARDS
Ms. Hannah Shin-Heydorn, City Manager, presented an update on the City’s homeless outreach activities.

9. CONSENT CALENDAR
Mayor Shawver requested to pull Items 9H and 9J from the consent calendar for separate discussion.

Council Member Warren requested to pull Item 9K from the consent calendar for separate discussion.

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

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

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 3 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON

THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER

READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated November 15, 2024 – December 26, 2024, in the amount of $4,943,959.34.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Special and Joint Regular Meeting – December 10, 2024.
9D. NOVEMBER 2024 INVESTMENT REPORT
The Investment Report as of November 30, 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 November 2024. 9E. NOVEMBER 2024 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of November 30, 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 November 2024.

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 4 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
9F. NOVEMBER 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 November 30, 2024, has been provided to the City Manager in accordance with Stanton Municipal Code Section 2.20.080 (D) and is being provided to the City Council. This report includes information on both the City’s General Fund and the Housing Authority Fund.

2. Received and filed the General Fund and Housing Authority Fund November 2024 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended November 30, 2024.
9G. ACCEPTANCE OF THE CITYWIDE CONCRETE REPAIR PROJECT (TASK CODE NO. 2025-104) BY THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA
The Citywide Concrete Repair Project, consisting of the removing and replacing of various concrete infrastructure such as sidewalks, curb & gutters, and driveway approaches throughout the City, is now complete. The final construction cost for the project was $203,949, less than the awarded contract amount and approved change order limit. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of December 12, 2024 and recommends that the City Council accept the completed work performed on this project.

1. The City Council declared this project categorically exempt under the California Environmental Quality Act, Class 1, and 15301(c) as repair, maintenance, and minor alteration of existing public structures; and

2. Accepted the completion of improvements for the Citywide Concrete Repair Project, as certified by the City Engineer, and affixed the date of December 12, 2024 as the date of completion of all work on this project; and

3. Approved the final construction contract amount of $203,949 with CJ Concrete Construction, Inc.; and

4. Directed the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion with the County Clerk-Recorder of the County of Orange; and
DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 5 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

5. Directed City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to CJ Concrete Construction, Inc. in the amount of $10,197.45. 9I. MEETING DATES FOR THE STANTON CITY COUNCIL, STANTON PARKS,

RECREATION AND COMMUNITY SERVICES COMMISSION, STANTON

PLANNING COMMISSION, AND STANTON PUBLIC SAFETY COMMITTEE City Council review the attached 2025 meeting dates for the Stanton City Council, Stanton Parks, Recreation and Community Services Commission, Stanton Planning Commission, and Stanton Public Safety Committee.

2. Received and filed the Stanton City Council, Stanton Parks, Recreation and Community Services Commission, Stanton Planning Commission, and Stanton Public Safety Committee meeting dates for the year 2025. 9L. AMENDED RESPONSE TO THE 2023-2024 ORANGE COUNTY GRAND JURY REPORT DATED JUNE 11, 2024, ENTITLED, “TALKING TRASH:

RECYCLABLES AND ORGANIC WASTE”
On June 11, 2024, the Orange County Grand Jury released a report entitled “Talking Trash: Recyclables and Organic Waste” (Attachment A). The purpose of the report was to review the challenges of complying with the requirements and goals of State of California Senate Bill 1383 which requires jurisdictions responsible for waste collection to coordinate with their residents to divert organic waste from landfill waste disposal streams. California Penal Code Sections 933 and 933.05 require any public agency that the Grand Jury reviews respond to the findings and recommendations of the Grand Jury Report. The City submitted their response letter after receiving Council authorization at its meeting on August 27, 2024. The Grand Jury has requested an amended response, which has been prepared for Council review (Attachment B).

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 or governments that will not result in direct or indirect physical changes in the environment); and

2. Authorized the Mayor to sign the amended response letter to the Orange County Grand Jury related to the findings and recommendations contained in the June 11, 2024, report entitled “Talking Trash: Recyclables and Organic Waste”.

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 6 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
9M. RESOLUTION AUTHORIZING THE APPLICATION FOR GRANT FUNDS FOR

THE STANTON FAMILY RESOURCE CENTER UNDER THE COUNTY OF
ORANGE FAMILIES AND COMMUNITIES TOGETHER (FaCT) PROGRAM Resolution No. 2025-03 will authorize the City to submit an application for grant funds for the Stanton Family Resource Center under the County of Orange Families and Communities Together (FaCT) Program to provide human and social services from the County of Orange Social Services Agency.

1. The City Council declared that the project is exempt from the California Environmental Quality Act (“CEQA”) under section 15061(b)(4) – the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; and

2. Approved Resolution No. 2025-03, authorizing the application for FaCT grant funding, entitled:
“A RESOLUTION APPROVING THE APPLICATION FOR GRANT

FUNDS FOR FAMILY RESOURCE CENTER UNDER THE COUNTY
OF ORANGE FAMILIES AND COMMUNITY TOGETHER (FaCT)
PROGRAM”; and

3. Authorized the Community Services Director to sign the Families and Community Together (FaCT) Program Grant Application.
9N. FISCAL YEAR 2025-2026 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) RESOLUTION NO. 2025-02
On November 6, 2024, the Orange County Community Resources Department released a Request for Applications (RFA) for Fiscal Year 2025-2026 Community Development Block Grant projects related to public facilities and improvements (PF&I). In response to the RFA, staff is proposing the City of Stanton Community Center Improvements - Phase 2. As part of the application process, the City Council must review and authorize Resolution No. 2025-02 authorizing the City Manager to execute the agreement, contract and other documents.

1. The City Council declared that this project is not subject to the California Environmental Quality Act (CEQA) because it is not a “project” as defined by CEQA; and

2. Approved Resolution No. 2025-02 authorizing the City Manager to execute the agreement, contract and other documents required by the Orange County Community Resources Department for participation in the CDBG program on behalf of the City Council, entitled:

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 7 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA TO APPROVE THE CITY’S
PARTICIPATION IN THE FISCAL YEAR 2025-2026 COMMUNITY

DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) WITH THE
COUNTY OF ORANGE”.

END OF CONSENT CALENDAR
9H. CONTINUANCE OF THE PROCLAMATION OF THE EXISTENCE OF A LOCAL

EMERGENCY CAUSED BY HOMELESSNESS CRISIS
At its meeting of November 26, 2024, the City Council adopted a resolution proclaiming the existence of a local emergency. Based on the continuing impacts of homelessness on public health and safety within the City of Stanton, the City’s Council’s proclamation of the existence of a local emergency will continue until further notice.

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

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

1. The City Council declared that the proposed actions are not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) (“CEQA”) because they do not qualify as a “project” under CEQA Receive and file; and

2. Received and filed the report.
9J. MAYOR’S APPOINTMENTS OF COUNCIL MEMBERS AS REPRESENTATIVES

TO VARIOUS BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES Traditionally, Council Members have been appointed by the Mayor to serve on numerous outside committees, boards, commissions and agencies. Each appointee is responsible for representing the City and voting on behalf of the City Council. The Mayor conducts a review and selects appointees, as detailed in Attachment A, with the exception of the Orange County Fire Authority (“OCFA”) appointment, which is required to be made by City Council Resolution, the Mayor may otherwise make appointments to each committee, board, commission or agency by nomination and DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 8 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
Minute Order confirmation. In addition, the Fair Political Practices Commission (“FPPC”) regulations require the adoption and posting of Form 806, Agency Report of Public Official Appointments, in order for individual Council Members to participate in a City Council vote that would result in him or her serving in a position that provides compensation of $250 or more in any 12-month period.

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

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

2. The City Council confirmed the Mayor’s appointments, with the exception of an appointment to the Orange County Public Library, Library Advisory Board, which will be determined administratively, once information pertaining to the Orange County Public Library, Library Advisory Board’s meeting frequency, time, and location have been procured; and

3. Approved Fair Political Practices Commission Form 806 and authorized the City Clerk to post the form on the City’s website.
9K. RENEWAL OF DECLARATION THAT AN EMERGENCY CONDITION EXISTS

ARISING FROM DAMAGE TO THE WESTERLY END STANTON PARK

PEDESTRIAN BRIDGE
Consideration of the City Council to continue declaring the repair an emergency.

The westerly end pedestrian bridge at Stanton Park has been damaged and unusable since June 2023. The pedestrian bridge is a major pedestrian walkway serving many of the residents of the City.

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

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

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 9 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

1. The City Council declared that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. The City Council continued declaring the repairs an emergency.

10. PUBLIC HEARINGS
10A. PUBLIC HEARING TO ADOPT THE MASTER FEE SCHEDULE FOR CITY

PROGRAMS AND SERVICES
In 2021, the City contracted with Willdan Financial Services (Willdan) to complete a comprehensive user fee study. The City conducted the comprehensive study to determine the cost of providing City services, in a manner consistent with applicable State laws, rules, and regulations governing the collection of fees and rates for charges by public entities. Resolution No. 2025-04, which includes the proposed Master Fee Schedule, is provided in Attachment B utilizing the data provided by the comprehensive user fee study prepared by Willdan (Attachment A). The Resolution includes a provision to update the Master Fee Schedule annually, each July 1, beginning on July 1, 2025, to implement annual Consumer Price Index (CPI) based adjustments to all fees to ensure fees keep up with increasing costs.

Staff report by Ms. Michelle Bannigan, Finance Director.

Presentation by Mr. Tony Thrasher, Senior Project Manager, Willdan Financial Services.

The public hearing was opened.

Public Comment:
• Ms. Clarissa Serpas, Public Affairs Manager, Southern California Gas Company, requested for a delay of vote, citing that the Southern California Gas Company would like the opportunity to engage with City staff on several fees that are of concern to the Southern California Gas Company.
o At the request of the City Council, Ms. Hannah Shin-Heydorn, City Manager, provided a response following Ms. Serpas’ public comment.

Written Public Comment:
• Mr. Adam Wood, Senior Vice President, Building Industry of Southern California, Inc., writes expressing interest in the proposed increases to the User Fees, stating that while the city clearly has an interest in recovering costs, new state laws have added important considerations in relation to home creation.

Additionally, Mr. Wood requested to draw attention to Government Code Section 65585, subdivision (i)(1) and states that while the Willdan study contemplates potential costs incurred by the city, there is no analysis of what these new costs will do to the feasibility of new housing construction. Furthermore, Mr. Wood DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 10 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
states that a critical piece of any new policy that impacts housing production is a review to ensure “significant new constraints on housing” are not being created.

Mr. Wood finalizes that 100% recovery is proposed and that there is no analysis of what this will do to housing production and by extension, Housing Element compliance and that if these fees make housing “infeasible” the city risks Housing Element decertification and the return of Builder’s Remedy. o Ms. Hannah Shin-Heydorn, City Manager, provided a brief response to Mr. Wood’s written public comment.

No one else appearing to speak, the public hearing was closed.

Motion/Second: Taylor/Torres
ROLL CALL VOTE: Council Member Barrios AYE
Council Member Taylor AYE
Council Member Warren AYE
Mayor Pro Tem Torres AYE
Mayor Shawver AYE
Motion unanimously carried:

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 User Fee Report; and

3. Conducted a public hearing and received public input; and

4. Adopted Resolution No. 2025-04, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, ADOPTING A NEW CITY OF STANTON MASTER FEE
SCHEDULE FOR CITY PROGRAMS AND SERVICES.”
DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 11 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

11. UNFINISHED BUSINESS
11A. APPROVAL OF ORDINANCE NO. 1154 - AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING AND RESTATING CHAPTER 9.52 OF THE STANTON MUNICIPAL CODE

REGARDING PUBLIC LODGING FACILITIES REGULATIONS, AMENDING THE REFERENCE TO “LODGING – HOTEL OR MOTEL” IN SECTION 20.215.020, TABLE 2-5, AMENDING THE REFERENCE TO “LODGING” IN TABLE 2-11 OF SECTION 20.30.040, AND FINDING THE ORDINANCE TO BE EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3) AND ALTERNATIVELY CATEGORICALLY EXEMPT PURSUANT TO SECTIONS 15301 AND 15061(b)(3) OF STATE CEQA GUIDELINES This Ordinance was introduced at the regular City Council meeting of December 10, 2024.

Staff report by Ms. Patricia A. Vazquez, City Clerk.

Motion/Second: Taylor/Torres
ROLL CALL VOTE: Council Member Barrios AYE
Council Member Taylor AYE
Council Member Warren AYE
Mayor Pro Tem Torres AYE
Mayor Shawver AYE
Motion unanimously carried:

1. The City Clerk read the title of Ordinance No. 1154, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING AND RESTATING CHAPTER 9.52 OF THE

STANTON MUNICIPAL CODE REGARDING PUBLIC LODGING

FACILITIES REGULATIONS, AMENDING THE REFERENCE TO
“LODGING – HOTEL OR MOTEL” IN SECTION 20.215.020, TABLE 2-5, AMENDING THE REFERENCE TO “LODGING” IN TABLE 2-11 OF
SECTION 20.30.040, AND FINDING THE ORDINANCE TO BE EXEMPT

FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS
15060(c)(2) AND 15060(c)(3) AND ALTERNATIVELY CATEGORICALLY EXEMPT PURSUANT TO SECTIONS 15301 AND 15061(b)(3) OF STATE CEQA GUIDELINES”; and

2. The City Council adopted Ordinance No. 1154.

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 12 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

12. NEW BUSINESS
12A. CONSIDERATION OF APPROVAL OF REVISED STANTON CITY OFFICIAL

TRAVEL EXPENSE AND REIMBURSEMENT POLICY PURSUANT TO
ASSEMBLY BILL 1234
The City’s Travel and Expense Reimbursement Policy, pursuant to Assembly Bill 1234 (AB 1234) was last approved by Resolution No. 2006-13 on May 23, 2006.

The proposed policy will replace the existing policy that was adopted via Resolution No. 2006-13.

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

Motion/Second: Warren/Taylor
ROLL CALL VOTE: Council Member Barrios AYE
Council Member Taylor AYE
Council Member Warren AYE
Mayor Pro Tem Torres AYE
Mayor Shawver AYE
Motion unanimously carried:

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

2. Adopted Resolution No. 2025-01, approving revised Stanton City Official Travel Expense and Reimbursement Policy, Administrative Policy No. IV-4-16, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, ADOPTING REVISED STANTON CITY OFFICIAL TRAVEL

EXPENSE AND REIMBURSEMENT POLICY PURSUANT TO
ASSEMBLY BILL 1234 AND REPEALING CITY COUNCIL RESOLUTION NO. 2006-13”.

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 13 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
12B. PARKS, RECREATION & COMMUNITY SERVICES (COMMUNITY SERVICES)

COMMISSION COMPOSITION
Based on the recent difficulties in ensuring a quorum for the Community Services Commission and based on interest levels from the current pool of applicants, staff is requesting the City Council consider reducing the membership of the Community Services Commission from seven members to five members (in alignment with the Planning Commission and the Public Safety Committee).

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

Motion by Council Member Taylor to reduce the membership from seven to five commissioners and to reopen the recruitment for a period of four weeks.

Motion/Second: Taylor/Torres
Council Member Warren called for a substitute motion requesting that the City Council consider reducing the membership from seven to five commissioners and continue with the current commission/committee applicant interviews as scheduled.

Motion/Second: Warren/
Motion failed due to the lack of a second.

Council Member Taylor called for the question.

Reduce the membership from seven to five commissioners and reopen recruitment for a period of four weeks.

Motion/Second: Taylor/Torres
ROLL CALL VOTE: Council Member Barrios AYE
Council Member Taylor AYE
Council Member Warren NO
Mayor Pro Tem Torres AYE
Mayor Shawver AYE
Motion carried:

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 or governments that will not result in direct or indirect physical changes in the environment); and

2. Directed staff to reduce the membership from seven to five commissioners of the Parks, Recreation & Community Services (Community Services) Commission; and

3. Reopen recruitment for a period of four weeks.

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 14 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

13. ORAL COMMUNICATIONS – PUBLIC
Mr. Wilbur L. Janeway, resident, spoke regarding the food distribution event at Stanton Park and reported that he has been banned from receiving services due to not having a vehicle. Mr. Janeway further stated that he is in a wheelchair and does not have a vehicle and that he should not be turned away due to not having a vehicle and is only requesting for the same services and necessities that is being provided to other recipients.

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Council Member Taylor reported on his attendance at the Orange County Older Adults Advisory Commission (OAAC), Executive Committee meeting, which was held on January 10, 2025.
• Mayor Pro Tem Torres expressed his gratitude to the Public Safety Services Department for their hard work and response to community needs. • Mayor Shawver reported on the passing of Mr. Ezekiel Gallero, Stanton business owner, O.C. Pallets and expressed his condolences and recognition of his 106 years of live.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
• Council Member Barrios requested to agendize for discussion review of the City’s current Municipal Codes relating to fencing requirements and setbacks. • Council Member Warren requested to agendize for discussion clarification of name usage for City parks and the renaming of Zuniga Park to Victor Zuniga Park and Stanton Park to Phillip Stanton Park.
• Mayor Shawver requested to agendize for discussion public safety / public disasters relating to natural or man-made disasters, revisit the City’s evacuation plans, and presentation of resources provided by the Orange County Fire Authority and Orange County Sheriff’s Department.
• Mayor Shawver requested to agendize for discussion ensuring that the City’s Planning Commission is informed of the inner workings of the City’s processes in developing the Stanton business community and how the City can apprise them of any changes to local, State, and Federal laws.

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 15 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
• Mayor Shawver requested to agendize for discussion review of the Mayor’s appointments and each appointees responsibilities and interactions while serving on appointed boards/committees.
• Mayor Shawver requested to agendize for discussion award of single-source contracts as well as how the City awards bids to local businesses for both building and supplies.
• Mayor Shawver requested to agendize for discussion review of the City’s General Plan and any amendments made since its most recent implementation. • Mayor Shawver requested to agendize for discussion review of the process in which the Mayor and/or Council Members can place an item on a City Council meeting agenda.
• Mayor Shawver requested to agendize for discussion methods in which the City Council can assist the Planning Department in serving the City’s businesses and residents in expediting process times for applications and streamlining all phases of Community Development by either increasing the number of personnel and/or subcontracting out a variety of the department’s needs. 15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
• Mayor Shawver requested to agendize for discussion review of the future of the Tina Pacific neighborhood and assisting the residents within that district. • Mayor Shawver requested to agendize for discussion in support of Council Member Taylor’s request for a study session addressing the 4th of July holiday, adding to the request, review of new technologies, laws, and resources to eliminate illegal fireworks in Stanton.

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

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.

DRAFT
Special and Joint Regular Meeting – January 14, 2025 - Page 16 of 16

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
17A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Division Chief Matthew Schuetz provided the City Council with an update on their current operations.

18. ADJOURNMENT in memory and honor of Mr. Ezekiel Gallero Motion/Second: Shawver/
Motion carried at 8:39 p.m.
________________________________
DAVID J. SHAWVER, MAYOR
ATTEST:
________________________________

CITY CLERK/SECRETARY

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 28, 2025
SUBJECT: THIRD AMENDMENT TO AGREEMENT FOR THE STANTON FAMILY

RESOURCE CENTER UNDER THE COUNTY OF ORANGE FAMILIES

AND COMMUNITIES TOGETHER (FACT) PROGRAM
REPORT IN BRIEF:

The City Council will consider approving the Third Amendment to the Agreement for Family Resource Center Services, which includes an increase in funding for Year Five from $370,800 to $390,800 and updates related to compliance, security, and emergency response requirements.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Approve the Third Amendment to the Agreement for Family Resource Center Services with the County of Orange Social Services Agency; and

3. Authorize the City Manager to bind the City of Stanton and the County of Orange Social Services Agency in an amended agreement to provide Family Resource Center services.

BACKGROUND:

On July 1, 2020, the City entered into an agreement with the County of Orange Social Services Agency to provide Family Resource Center (FRC) services. The agreement originally covered a three-year term with services such as case management, counseling, parenting education, domestic violence prevention, and other support programs.

The First and Second Amendments extended the agreement and increased funding, ensuring the continuation of high-quality services at the Stanton FRC. This Third Amendment further increases Year Five funding and introduces compliance and operational updates to align with County and federal requirements.

Item: 9D
Click here to return to the agenda.
2 ANALYSIS AND JUSTIFICATION:

With the approval of the amendment, the City, as lead fiscal agent, will receive $390,800 for the last year of the amended contract: July 1, 2024 through June 30, 2025. The Third Amendment includes the following updates:
• Funding Increase: Year Five funding is increased by $20,000, from $370,800 to $390,800.
• Compliance: New requirements ensure contractors and partners comply with licensing, federal regulations, and anti-discrimination laws. • Security Enhancements: IT security and data protection protocols aligned with National Institute of Standards and Technology (NIST) standards. • Emergency Services: Contractors must provide flexible service delivery during emergencies, such as expanding hours, relocating services, or adjusting staffing as needed.

These funds continue to assist with off-setting costs associated with the delivery of social and human service programs at the Stanton Family Resource Center, allowing the City to increase direct service budgets and provide quality programs. A portion of these funds are distributed to partner agencies facilitating programs at the Stanton FRC.

FISCAL IMPACT:

The Third Amendment will increase Year 5 funding by $20,000, bringing the total to $390,800 for Fiscal Year (FY) 2024-25.

The County limits expenditure categories, therefore, a transfer from the General Fund is necessary to subsidize the resources available to the community. The FY 2024-25 Adopted Budget estimated the General Fund subsidy to be $50,300. The estimated General Fund subsidy for FY 2025-26 will be included in the upcoming Fiscal Year 2025- 26 budget proposal.

ENVIRONMENTAL IMPACT:

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

Public notification provided through the regular agenda process.

LEGAL REVIEW:

The City Attorney reviewed Attachment A as to form.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 5: Provide a high quality of life.

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

A. Third Amendment to the Agreement for Family Resource Center Services FMK1120-A3 Page 1 of 13 December 19, 2024

AMENDMENT THREE TO AGREEMENT

BETWEEN

COUNTY OF ORANGE
AND

CITY OF STANTON
AND
FRIENDLY CENTER, INC.

AND

INTERVAL HOUSE

FOR THE PROVISION OF FAMILY RESOURCE CENTER SERVICES
THIS AMENDMENT THREE, made and entered into upon execution of all necessary signatures, is to that certain AGREEMENT Number FMK1120 between the parties hereto, hereinafter referred to as the “Agreement” and is by and between the COUNTY OF ORANGE, hereinafter referred to as “COUNTY,” and City of Stanton, a California municipal agency; Friendly Center, Inc., a California non-profit corporation; and Interval House, a California nonprofit corporation, hereinafter referred to as “STANTON FAMILY RESOURCE CENTER” or “CONTRACTOR.” City of Stanton, Friendly Center, Inc., and Interval House, may each also be referred to as “Contractor Partner Agencies.” COUNTY and CONTRACTOR may be referred to individually as “Party” and collectively as “the Parties.”

W I T N E S S E T H
WHEREAS, on July 1, 2020, COUNTY and CONTRACTOR entered into an Agreement for the provision of Family Resource Center Services, for the term of July 1, 2020, through June 30, 2023;
WHEREAS, on August 1, 2020, COUNTY and CONTRACTOR modified the Agreement to add Network Security and Privacy Liability Insurance; WHEREAS, AMENDMENT ONE was issued to increase funding for the provision of additional Family Resource Center Services to clients; amend Subparagraph 21.1 of the Attachment: A
Click here to return to the agenda.

FMK1120-A3 Page 2 of 13 December 19, 2024
Agreement; amend Subparagraphs 4.15, 6.4, 8.6, 14.1, 14.4, and Paragraph 15 of Exhibit A of the Agreement; and add Subparagraph 5.9 to Exhibit A of the Agreement; WHEREAS, AMENDMENT TWO was issued to renew the Agreement for an additional two (2) years from July 1, 2023, through June 30, 2025; amend Paragraphs 1, 13, and Subparagraphs 21.1 and 21.2 of the Agreement; and amend Subparagraphs 14.1, 14.3, and 14.4 of Exhibit A of the Agreement;
WHEREAS, COUNTY desires to increase funding for the provision of additional Family Resource Center Services to clients; amend Paragraphs 5, 7, 15, 32, 35, and Subparagraphs 9.4.3 and 21.1 of the Agreement; add Paragraph 45 to the Agreement; amend Subparagraphs 3.2, 6.4,

8.6, 14.1, and 14.4 of Exhibit A of the Agreement; and add Attachments B and C to the Agreement; WHEREAS, CONTRACTOR agrees to continue to provide such services under the terms and conditions set forth in this Agreement; and
ACCORDINGLY, THE PARTIES AGREED AS FOLLOWS:

1. Paragraph 5 of the Agreement is hereby amended to read as follows:

5. COMPLIANCE WITH LICENSING STANDARDS AND LAWS

5.1 CONTRACTOR warrants that it and its personnel, described in Paragraph 28 of this Agreement, who are subject to individual registration and/or licensing requirements, have all necessary licenses and permits required by the laws of the United States, State of California (hereinafter referred to as “State”), County of Orange, and all other appropriate governmental agencies to perform the services described in this Agreement, and agrees to maintain, and require its personnel to maintain, these licenses and permits in effect for the duration of this Agreement.

Further, CONTRACTOR warrants that its employees shall conduct themselves in compliance with such laws and licensure requirements, including, without limitation, compliance with laws applicable to sexual harassment and ethical behavior. CONTACTOR must notify ADMINISTRATOR within one (1) business FMK1120-A3 Page 3 of 13 December 19, 2024
day of any change in license or permit status (e.g., becoming expired, inactive, etc.).

CONTRACTOR represents and warrants that services to be provided under this Contract shall fully comply, at CONTRACTOR’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to, those issued by COUNTY in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by COUNTY. CONTRACTOR acknowledges that COUNTY is relying on CONTRACTOR to ensure such compliance, and pursuant to the requirements of the Insurance and Indemnification section, CONTRACTOR agrees that it shall defend, indemnify and hold COUNTY and COUNTY Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.

CONTRACTOR shall remain in compliance and in good standing, maintaining current and active business entity and/or nonprofit registration status, with all applicable federal, state and local registration requirements at the time of execution of the contract through the duration of the term of the Contract, and shall provide annual confirmation of current and active status to COUNTY through the term of the Contract.

5.2 In the performance of this Agreement, CONTRACTOR shall comply with all applicable provisions of the California Welfare and Institutions Code (WIC); Title 45 of the Code of Federal Regulations (CFR); implementing regulations under 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Title 48 CFR Section 31.2; and all applicable laws and regulations of the United States, State of California, County of Orange, and County of Orange Social Services Agency, and all administrative regulations, rules, and policies adopted thereunder, as each and all may now exist or be hereafter amended.

5.2.1 For federally funded Agreements in the amount of $25,000 or more, CONTRACTOR certifies that its officers and/or principals are not debarred or suspended from federal financial assistance programs and/or activities.

5.3 CONTRACTOR shall cooperate with the California Department of Social Services FMK1120-A3 Page 4 of 13 December 19, 2024
(CDSS) on the implementation, monitoring, and evaluation of the State’s Child Abuse and Neglect Prevention and Intervention Program, and shall comply, to the mutual satisfaction of COUNTY and CDSS, with any and all reporting and evaluation requirements established by CDSS.

2. Paragraph 7 of the Agreement is hereby amended to read as follows:

7. SUBCONTRACTS

7.1 No performance of this Agreement or any portion thereof may be subcontracted or otherwise delegated by CONTRACTOR, in whole or in part, without first obtaining the prior written consent of. COUNTY. Any attempt by CONTRACTOR to subcontract or delegate any performance of this Contract without the prior express written consent of COUNTY shall be invalid and shall constitute a material breach of this Agreement, and any attempted assignment or delegation in derogation of this paragraph shall be void.

In the event that CONTRACTOR is authorized by COUNTY to subcontract, this Contract shall take precedence over the terms of the agreement between CONTRACTOR and subcontractor, and any agreement between CONTRACTOR and a subcontractor shall incorporate by reference the terms of this Contract.

CONTRACTOR shall remain responsible for the performance of this Contract and indemnification of COUNTY notwithstanding the COUNTY’s consent to CONTRACTOR’s request for approval of a subcontractor. Under no circumstances shall COUNTY be required to directly monitor the performance of any subcontractor. All work performed by a subcontractor must be monitored by CONTRACTOR and must meet the approval of the County of Orange pursuant to the terms of this Contract.

7.1.1 Subcontracts of $50,000 or less

7.1.1.1 CONTRACTOR shall develop a standard form Purchase Order, subject to prior written approval of ADMINISTRATOR, to be utilized for the purchase of services by CONTRACTOR when the cumulative total cost of the services to be provided by any organization is anticipated to be fifty thousand dollars ($50,000) or less during the term of this Agreement. The basis for costs incurred by any such Purchase Order(s) FMK1120-A3 Page 5 of 13 December 19, 2024
shall be the actual cost of providing services or the usual and customary charges established by the organization(s) providing the services.

7.1.2 Subcontracts in excess of $50,000

7.1.2.1 CONTRACTOR shall develop and submit for approval to ADMINISTRATOR a system for the procurement of subcontracts with any organization in which the total cumulative cost of services provided by any single organization is anticipated to exceed fifty thousand dollars ($50,000) during the term of this Agreement. CONTRACTOR’s proposed procurement system shall take into consideration such factors as: degree of price competition; pricing policies and techniques; experience and quality of service; methods of evaluating subcontractor responsibility; relationship of subcontractor to CONTRACTOR; and planning, award, and post-award management of subcontracts, including internal audit procedures and monitoring of subcontractor’s performance until completion of services.

7.1.2.2 Upon ADMINISTRATOR’s approval of CONTRACTOR’s proposed procurement system, CONTRACTOR shall comply with such
procurement system in obtaining subcontracts with a total cost in excess of fifty thousand dollars ($50,000) during the term of this Agreement. In addition, CONTRACTOR shall obtain ADMINISTRATOR’s written consent prior to entering into a subcontract with any organization when the total cumulative cost of services to be provided by that organization is anticipated to exceed fifty thousand dollars ($50,000) during the term of this Agreement.

7.1.2.3 CONTRACTOR and its subcontractor(s) shall establish and maintain accurate and complete financial records related to services provided under the terms of this Agreement. Such records may be subject to the satisfaction of ADMINISTRATOR, and to the examination and audit by ADMINISTRATOR or designee, for a period of five (5) years, or until any pending audit is completed.

3. Subparagraph 9.4.3 of the Agreement is hereby amended to read as follows:

FMK1120-A3 Page 6 of 13 December 19, 2024

9.4.3 The following websites provide Civil Rights information, publications and/or forms:

9.4.3.1 https://www.cdss.ca.gov/Portals/9/FMUForms/MP/PUB470.pdf?ver=2021-05-10-164956-817 (Pub 470 - Your rights Under Adult Protective Services)

9.4.3.2 http://www.cdss.ca.gov/inforesources/Civil-Rights/Your-Rights-UnderCalifornia-Welfare-Program (Pub 13 – Your Rights Under California Welfare Programs)

9.4.3.3 http://ssa.ocgov.com/about/services/contact/complaints/comply [Social Services Agency (SSA) Contractor and Vendor Compliance page]

4. Paragraph 15 of the Agreement is hereby amended to read as follows:

15. CONFLICT OF INTEREST

15.1 CONTRACTOR shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of COUNTY. This obligation shall apply to CONTRACTOR, CONTRACTOR’s officers, directors, employees, agents, and subcontractors associated with accomplishing work and services hereunder. CONTRACTOR’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence COUNTY staff or elected officers from acting in the best interests of COUNTY.

15.2 CONTRACTOR shall notify COUNTY, in writing, of any potential or actual conflicts of interest between CONTRACTOR and COUNTY that may arise prior to, or during the period of, Contract performance, including, but not limited to, whether any known COUNTY public officer’s child is an officer or director of, or has an ownership interest of ten (10) percent or more in, CONTRACTOR. While CONTRACTOR will be required to provide this information without prompting from COUNTY any time there is a change regarding conflict of interest, CONTRACTOR must also provide an update to COUNTY upon request by COUNTY.

15.3 County of Orange Board of Supervisors policy prohibits its employees from FMK1120-A3 Page 7 of 13 December 19, 2024
engaging in activities involving a conflict of interest. CONTRACTOR shall not, during the period of this Agreement, employ any COUNTY employee for any purpose.

5. Subparagraph 21.1 of the Agreement is hereby amended to read as follows:

21.1 MAXIMUM CONTRACTUAL OBLIGATION
The maximum obligation of COUNTY under this Agreement shall not exceed the amount of $1,742,400, or actual allowable costs, whichever is less. The estimated annual amount for each twelve (12) month period is as follows:

21.1.1 Year One: $310,000 for July 1, 2020, through June 30, 2021;

21.1.2 Year Two: $300,000 for July 1, 2021, through June 30, 2022;

21.1.3 Year Three: $370,800 for July 1, 2022, through June 30, 2023;

21.1.4 Year Four: $370,800 for July 1, 2023, through June 30, 2024; and

21.1.5 Year Five: $390,800 for July 1, 2024, through June 30, 2025.

6. Paragraph 32 of the Agreement is hereby amended to read as follows:

32. SECURITY
CONTRACTOR shall abide by the requirements in Attachments B and C which are hereby incorporated by reference into this Agreement and are attached hereto.

7. Paragraph 35 of the Agreement is hereby amended to read as follows:

35. SERVICES DURING EMERGENCY AND/OR DISASTER

35.1 CONTRACTOR acknowledges that service usage may surge during or after an emergency or disaster. For purposes of this Agreement, an emergency is defined as a sudden, urgent, usually unexpected occurrence or event requiring immediate action to protect the health and well-being of COUNTY residents. A disaster is defined as an occurrence that has resulted in property damage, deaths, and/or injuries to a community. Emergencies and/or disasters as described above may require resources or support beyond the local government’s capability and will typically involve a proclamation of a local emergency by the local governing body (e.g., city council, County Board of Supervisors, or State) and may be declared at the federal level by the President of the United States.

35.2 CONTRACTOR agrees to collaborate with COUNTY, on an urgent basis, to adjust FMK1120-A3 Page 8 of 13 December 19, 2024
service delivery in a manner that assists COUNTY in meeting the needs of clients COUNTY identifies as being impacted by emergencies and/or disasters. Time limited adjustments may include, but are not limited to: providing services at different location(s); assigning staff to work days or hours beyond typical work schedules or that may exceed contracted Full-Time Equivalents (FTEs); reassigning staff to an assignment in which their experience or skill is needed; and prioritizing services for staff as requested by COUNTY.

35.3 CONTRACTOR shall service COUNTY during emergencies and/or declared disaster under the same terms and conditions that apply during nonemergency/disaster conditions.

35.4 Emergency Publicity & Outreach: In response to natural disasters and local emergencies, at the direction of the COUNTY, CONTRACTOR shall assist the COUNTY with publicity of COUNTY provided emergency benefits informational materials and messaging, to provide CONTRACTOR’s clientele with helpful emergency benefits and resource information during emergencies.

8. Paragraph 45 is hereby added to the Agreement to read as follows:

45. COOPERATIVE CONTRACT

45.1 This Contract is a cooperative contract and may be utilized by all County of Orange departments.

45.2 The provisions and pricing of this Contract may be extended, at the option of Contractor, to any Municipal, County, Public Utility, Hospital, Educational Institution, or any other non-profit or governmental organization (the “Cooperative Program”). Parties in a Cooperative Program wishing to use this Contract will be responsible for issuing their own purchase documents / price agreements, providing for their own acceptance, and making any subsequent payments. Contractor shall be required to include in any agreement entered into with another agency or entity that is entered into pursuant to the provisions and pricing of this Contract a clause that binds the parties to the agreement to “indemnify, defend with counsel approved in writing by the County of Orange, California (“County”), and hold County, its FMK1120-A3 Page 9 of 13 December 19, 2024
elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided” under the agreement. Failure to so include this clause voids the Contract’s extension to a Cooperative Program and will be considered a material breach of this Contract and grounds for immediate Contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The County of Orange makes no guarantee of usage by other users of this Contract.

9. Subparagraph 3.2 of Exhibit A of the Agreement is hereby amended to read as follows:

3.2 CONTRACTOR’s holiday schedule shall not exceed the following holiday schedule which is as follows: New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Native American Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day. CONTRACTOR shall obtain prior written approval from ADMINISTRATOR for any closure outside of the holiday schedule and the hours listed in Subparagraph 3.1 of this Exhibit. Any unauthorized closure shall be deemed a material breach of this Agreement, pursuant to Paragraph 19, and shall not be reimbursed.

10. Subparagraph 6.4 of Exhibit A of the Agreement is hereby amended to read as follows:

6.4 CONTRACTOR shall use EA funds to meet the basic needs of PARTICIPANTS in support of services as described herein. Allowable costs include emergency food, emergency clothing, diapers, medicine, hygiene items, household items, transportation payment assistance to access services, safety items, housing payment assistance and utility payment assistance, or other allowable costs, as approved in advance by ADMINISTRATOR. All purchases from EA funds in excess of five hundred dollars ($500) per FAMILY must be requested in advance and in writing for approval by ADMINISTRATOR. Housing payment assistance and utility payment assistance in excess of one thousand dollars ($1,000) per FAMILY shall be provided no more than one (1) time per fiscal year for each FAMILY, or as FMK1120-A3 Page 10 of 13 December 19, 2024
approved in advance and in writing by ADMINISTRATOR. CONTRACTOR shall research available community resource options prior to approving expenditures.

11. Subparagraph 8.6 of Exhibit A of the Agreement is hereby amended to read as follows:

8.6 In addition to the FaCT Registration form and/or FaCT Large Group Tracking form, the following assessment tool(s) required for each core service include:

Core Service Required Assessment Tool(s)
CMT CMT Tracking & Outcomes Log
Emergency Assistance Emergency Assistance Assessment
Information & Referral Services Information & Referral Tracking Log Family Support Services Family Development Matrix
Counseling Services Family Development Matrix
Parenting Education Family Development Matrix
Personal Empowerment Program PEP Pre/Post Test

12. Subparagraph 14.1 of Exhibit A of the Agreement is hereby amended to read as follows:

14.1 For the five (5) COUNTY fiscal years (July 1 through June 30) included during the term of this Agreement, the maximum budget for services provided pursuant to Exhibit A of this Agreement shall not exceed $1,742,400.

13. Subparagraph 14.4 of Exhibit A of the Agreement is hereby amended to read as follows:

14.4 The budget for services provided pursuant to Exhibit A of this Agreement is set forth as follows:

FRC Services

YEAR ONE YEAR
TWO
YEAR
THREE
YEAR
FOUR

YEAR FIVE
Direct Service Costs(1) $306,794 $297,735 $369,952 $369,952 $ 389,952 Indirect Costs (2) $ 2,265 $ 2,265 $ 848 $ 848 $ 848

TOTAL MAXIMUM
OBLIGATION:
$310,000 $300,000 $370,800 $370,800 $ 390,800
(1) Direct Service Costs are costs that are incurred and specifically allocable to the provision of services identified in this Agreement. Employee Benefits include contributions to 401k or retirement plans; health insurance; dental insurance; life insurance; long-term disability insurance; payroll taxes such as FICA, Federal Unemployment Tax, State Unemployment Tax, and Workers’ Compensation Tax, based on the currently prevailing rates; and expense for accrued vacation FMK1120-A3 Page 11 of 13 December 19, 2024
time payout, for a separated employee, limited to the actual vacation time accrued during the fiscal year in which the expense is claimed, minus the actual vacation time used by the employee during said fiscal year.
(2) Indirect Costs are costs that are incurred for an organization’s common objectives and that cannot be readily identified with a particular final cost objective.

14. Attachment B is hereby added to the Agreement and is attached as follows.

15. Attachment C is hereby added to the Agreement and is attached as follows.

16. The Parties agree that separate copies of this Amendment may be signed by each of the Parties, and this Amendment will have the same force and effect as if the original had been signed by all Parties.

17. All other terms and conditions of the Contract shall remain the same and in full force and in effect.

FMK1120-A3 Page 12 of 13 December 19, 2024
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment Three to Agreement on the date set forth opposite their signatures. If Contractor is a corporation, Contractor shall provide two signatures as follows: 1) the first signature must be either the Chairman of the Board, the President, or any Vice President; 2) the second signature must be that of the Secretary, an Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution or by-laws demonstrating the legal authority of the signature to bind the company.

Contractor: CITY OF STANTON
__________________________________ __________________________________ Print Name Title
__________________________________ __________________________________ Signature Date
Contractor: FRIENDLY CENTER, INC.
________________________________ ____________________________________ Print Name Title
________________________________ __________________________________ Signature Date
Contractor: INTERVAL HOUSE
________________________________ __________________________________ Print Name Title
______________________________ __________________________________ Signature Date
County of Orange, a political subdivision of the State of California Deputized Designee Signature:
__________________________________ _______Deputy Purchasing Agent_______ Print Name Title
__________________________________ __________________________________ Signature Date
FMK1120-A3 Page 13 of 13 December 19, 2024

APPROVED AS TO FORM

COUNTY COUNSEL

COUNTY OF ORANGE, CALIFORNIA

__________________________________ ___ Deputy County Counsel________ Print Name Title
__________________________________ __________________________________ Signature Date
FMK1520-A3 Page 1 of 6 December 19, 2024

ATTACHMENT B

COUNTY OF ORANGE INFORMATION TECHNOLOGY SECURITY PROVISIONS All Contractors with access to County data and/or systems shall establish and maintain policies, procedures, and technical, physical, and administrative safeguards designed to (i) ensure the confidentiality, integrity, and availability of all County data and any other confidential information that the Contractor receives, stores, maintains, processes, transmits, or otherwise accesses in connection with the provision of the contracted services, (ii) protect against any threats or hazards to the security or integrity of County data, systems, or other confidential information, (iii) protect against unauthorized access, use, or disclosure of personal or County confidential information, (iv) maintain reasonable procedures to prevent, detect, respond, and provide notification to the County regarding any internal or external security breaches, (v) ensure the return or appropriate disposal of personal information or other confidential information upon contract conclusion (or per retention standards set forth in the contract), and (vi) ensure that any subcontractor(s)/agent(s) that receives, stores, maintains, processes, transmits, or otherwise accesses County data and/or system(s) is in compliance with statements and the provisions of statements and services herein.

1. This County of Orange Information Technology Security Provisions document provides a high-level guide for contractors to understand the resiliency and cybersecurity expectations of the County. The County of Orange Security Guidelines follow the latest National Institute of Standards and Technology (NIST) 800-53 framework to ensure the highest levels of operational resiliency and cybersecurity.

Contractor, Contractor personnel, Contractor’s subcontractors, any person performing work on behalf of Contractor, and all other agents and representatives of Contractor will, at all times, comply with and abide by all County of Orange Information Technology Security Provisions (“Security Provisions”) that pertain to Contractor(s) in connection with the Services performed by Contractor(s) as set forth in the scope of work of this Contract. Any violations of the Security Provisions shall, in addition to all other available rights and remedies available to County, be cause for immediate termination of this Contract. Such Security Provisions include, but are not limited to, Attachment “C” - County of Orange Information Technology Security Guidelines, as applicable.

Contractor shall use industry best practices and methods with regard to confidentiality, integrity, availability, and the prevention, detection, response, and elimination of threat, by all appropriate means, of fraud, abuse, and other inappropriate or unauthorized access to County data and/or system(s) accessed in the performance of Services under this Contract.

2. The Contractor shall implement and maintain a written information security program that contains reasonable and appropriate security measures designed to safeguard the confidentiality, integrity, availability, and resiliency of County data and/or system(s). The Contractor shall review and update its information security program in accordance with contractual, legal, and regulatory requirements. Contractor shall provide to County a copy of the organization’s information security program and/or policies.

FMK1520-A3 Page 2 of 6 December 19, 2024

3. Information Access: Contractor shall use appropriate safeguards and security measures to ensure the confidentiality and security of all County data.

County may require all Contractor personnel, subcontractors, and affiliates approved by County to perform work under this Contract to execute a confidentiality and non-disclosure agreement concerning access protection and data security in the form provided by County.

County shall authorize, and Contractor shall issue, any necessary information-access mechanisms, including access IDs and passwords, and in no event shall Contractor permit any such mechanisms to be shared or used by other than the individual Contractor personnel, subcontractor, or affiliate to whom issued. Contractor shall provide each Contractor personnel, subcontractors, or affiliates with only such level of access as is required for such individual to perform his or her assigned tasks and functions.

Throughout the Contract term, upon request from County but at least once each calendar year, Contractor shall provide County with an accurate, up-to-date list of those Contractor personnel and/or subcontractor personnel having access to County systems and/or County data, and the respective security level or clearance assigned to each such Contractor personnel and/or subcontractor personnel. County reserves the right to require the removal and replacement of Contractor personnel and/or subcontractor personnel at the County’s sole discretion. Removal and replacement shall be performed within 14 calendar days of notification by the County.

All County resources (including County systems), County data, County hardware, and County software used or accessed by Contractor: (a) shall be used and accessed by such Contractor and/or subcontractors personnel solely and exclusively in the performance of their assigned duties in connection with, and in furtherance of, the performance of Contractor’s obligations hereunder; and (b) shall not be used or accessed except as expressly permitted hereunder, or commercially exploited in any manner whatsoever, by Contractor or Contractor’s personnel and subcontractors, at any time.

Contractor acknowledges and agrees that any failure to comply with the provisions of this paragraph shall constitute a breach of this Contract and entitle County to deny or restrict the rights of such non-complying Contractor personnel and/or subcontractor personnel to access and use the County data and/or system(s), as County in its sole discretion shall deem appropriate.

4. Data Security Requirements: Without limiting Contractor’s obligation of confidentiality as further described in this Contract, Contractor must establish, maintain, and enforce a data privacy program and an information and cyber security program, including safety, physical, and technical security and resiliency policies and procedures, that comply with the requirements set forth in this Contract and, to the extent such programs are consistent with and not less protective than the requirements set forth in this Contract and are at least equal to applicable best industry practices and standards (NIST 800-53).

Contractor also shall provide technical and organizational safeguards against accidental, unlawful, or unauthorized access or use, destruction, loss, alteration, disclosure, transfer, commingling, or processing of such information that ensure a level of security appropriate to the risks presented by the processing of County Data,
FMK1520-A3 Page 3 of 6 December 19, 2024
Contractor personnel and/or subcontractor personnel and affiliates approved by County to perform work under this Contract may use or disclose County personal and confidential information only as permitted in this Contract. Any other use or disclosure requires express approval in writing by the County of Orange. No Contractor personnel and/or subcontractor personnel or affiliate shall duplicate, disseminate, market, sell, or disclose County personal and confidential information except as allowed in this Contract. Contractor personnel and/or subcontractor personnel or affiliate who access, disclose, market, sell, or use County personal and confidential information in a manner or for a purpose not authorized by this Contract may be subject to civil and criminal sanctions contained in applicable federal and state statutes.

Contractor shall take all reasonable measures to secure and defend all locations, equipment, systems, and other materials and facilities employed in connection with the Services against hackers and others who may seek, without authorization, to disrupt, damage, modify, access, or otherwise use Contractor systems or the information found therein; and prevent County data from being commingled with or contaminated by the data of other customers or their users of the Services and unauthorized access to any of County data.

Contractor shall also continuously monitor its systems for potential areas where security could be breached. In no case shall the safeguards of Contractor’s data privacy and information and cyber security program be less stringent than the safeguards used by County. Without limiting any other audit rights of County, County shall have the right to review Contractor’s data privacy and information and cyber security program prior to commencement of Services and from time to time during the term of this Contract.

All data belongs to the County and shall be destroyed or returned at the end of the contract via digital wiping, degaussing, or physical shredding as directed by County.

5. Enhanced Security Measures: County may, in its discretion, designate certain areas, facilities, or solution systems as ones that require a higher level of security and access control. County shall notify Contractor in writing reasonably in advance of any such designation becoming effective. Any such notice shall set forth, in reasonable detail, the enhanced security or accesscontrol procedures, measures, or requirements that Contractor shall be required to implement and enforce, as well as the date on which such procedures and measures shall take effect.

Contractor shall and shall cause Contractor personnel and subcontractors to fully comply with and abide by all such enhanced security and access measures and procedures as of such date.

6. General Security Standards: Contractor will be solely responsible for the information technology infrastructure, including all computers, software, databases, electronic systems (including database management systems, email systems, auditing, and monitoring systems) and networks used by or for Contractor (“Contractor Systems”) to access County resources (including County systems), County data or otherwise in connection with the Services and shall prevent unauthorized access to County resources (including County systems) or County data through the Contractor Systems.

FMK1520-A3 Page 4 of 6 December 19, 2024
a) Contractor System(s) and Security: At all times during the contract term, Contractor shall maintain a level of security with regard to the Contractor Systems, that in all events is at least as secure as the levels of security that are common and prevalent in the industry and in accordance with industry best practices (NIST 800-53). Contractor shall maintain all appropriate administrative, physical, technical, and procedural safeguards to secure County data from data breach, protect County data and the Services from loss, corruption, unauthorized disclosure, and from hacks, and the introduction of viruses, disabling devices, malware, and other forms of malicious and inadvertent acts that can disrupt County’s access and use of County data and the Services.
b) Contractor and the use of Email: Contractor, including Contractor’s employees and subcontractors, that are provided a County email address must only use the County email system for correspondence of County business. Contractor, including Contractor’s employees and subcontractors, must not access or use personal, nonCounty Internet (external) email systems from County networks and/or County computing devices. If at any time Contractor’s performance under this Contract requires such access or use, Contractor must submit a written request to County with justification for access or use of personal, non-County Internet (external) email systems from County networks and/or computing devices and obtain County’s express prior written approval.

Contractors who are not provided with a County email address, but need to transmit County data will be required to maintain and transmit County data in accordance with this Agreement.

7. Security Failures: Any failure by the Contractor to meet the requirements of this Contract with respect to the security of County data, including any related backup, disaster recovery, or other policies, practices or procedures, and any breach or violation by Contractor or its subcontractors or affiliates, or their employees or agents, of any of the foregoing, shall be deemed a material breach of this Contract and may result in termination and reimbursement to County of any fees prepaid by County prorated to the date of such termination. The remedy provided in this paragraph shall not be exclusive and is in addition to any other rights and remedies provided by law or under the Contract.

8. Security Breach Notification: In the event Contractor becomes aware of any act, error or omission, negligence, misconduct, or security incident including unsecure or improper data disposal, theft, loss, unauthorized use and disclosure or access, that compromises or is suspected to compromise the security, availability, confidentiality, and/or integrity of County data or the physical, technical, administrative, or organizational safeguards required under this Contract that relate to the security, availability, confidentiality, and/or integrity of County data, Contractor shall, at its own expense, (1) immediately (or within 24 hours of potential or suspected breach), notify the County’s Chief Information Security Officer and County Privacy Officer of such occurrence; (2) perform a root cause analysis of the actual, potential, or suspected breach; (3) provide a remediation plan that is acceptable to County within 30 days FMK1520-A3 Page 5 of 6 December 19, 2024
of verified breach, to address the occurrence of the breach and prevent any further incidents; (4) conduct a forensic investigation to determine what systems, data, and information have been affected by such event; and (5) cooperate with County and any law enforcement or regulatory officials investigating such occurrence, including but not limited to making available all relevant records, forensics, investigative evidence, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by County and/or any law enforcement or regulatory officials, and (6) perform or take any other actions required to comply with applicable law as a result of the occurrence (at the direction of County).

County shall make the final decision on notifying County officials, entities, employees, service providers, and/or the general public of such occurrence, and the implementation of the remediation plan. If notification to particular persons is required under any law or pursuant to any of County’s privacy or security policies, then notifications to all persons and entities who are affected by the same event shall be considered legally required. Contractor shall reimburse County for all notification and related costs incurred by County arising out of or in connection with any such occurrence due to Contractor’s acts, errors or omissions, negligence, and/or misconduct resulting in a requirement for legally required notifications.

In the case of a breach, Contractor shall provide third-party credit and identity monitoring services to each of the affected individuals for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve (12) months following the date of notification to such individuals.

Contractor shall indemnify, defend with counsel approved in writing by County, and hold County and County Indemnitees harmless from and against any and all claims, including reasonable attorney’s fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from County in connection with the occurrence.

Notification shall be sent to:

Andrew Alipanah, MBA, CISSP
Chief Information Security Officer
721 S. Parker St.

Suite 200
Orange, CA 92868
Phone: (714) 567-7611
[email protected]
Linda Le, CHPC, CHC, CHP
County Privacy Officer
721 S. Parker St.

Suite 200
Orange, CA 92868
Phone: (714) 834-4082
[email protected]

9. Security Audits: Contractor shall maintain complete and accurate records relating to its system and Organization Controls (SOC) Type II audits or equivalent’s data protection practices, internal and external audits, and the security of any of County-hosted content, including any confidentiality, integrity, and availability operations (data hosting, backup, disaster recovery, external dependencies management, vulnerability testing, penetration testing, patching, or other related policies, practices, standards, or procedures).

FMK1520-A3 Page 6 of 6 December 19, 2024
Contractor shall inform County of any internal/external security audit or assessment performed on Contractor’s operations, information and cyber security program, disaster recovery plan, and prevention, detection, or response protocols that are related to hosted County content, within sixty (60) calendar days of such audit or assessment. Contractor will provide a copy of the audit report to County within thirty (30) days after Contractor’s receipt of request for such report(s).

Contractor shall reasonably cooperate with all County security reviews and testing, including but not limited to penetration testing of any cloud-based solution provided by Contractor to County under this Contract. Contractor shall implement any required safeguards as identified by County or by any audit of Contractor’s data privacy and information/cyber security program.

In addition, County has the right to review Plans of Actions and Milestones (POA&M) for any outstanding items identified by the SOC 2 Type II report requiring remediation as it pertains to the confidentiality, integrity, and availability of County data. County reserves the right, at its sole discretion, to immediately terminate this Contract or a part thereof without limitation and without liability to County if County reasonably determines Contractor fails or has failed to meet its obligations under this section.

10. Business Continuity and Disaster Recovery (BCDR):

For the purposes of this section, “Recovery Point Objectives” means the maximum age of files (data and system configurations) that must be recovered from backup storage for normal operations to resume if a computer, system, or network goes down as a result of a hardware, program, or communications failure (establishing the data backup schedule and strategy). “Recovery Time Objectives” means the maximum duration of time and a service level within which a business process must be restored after a disaster (or disruption) in order to avoid unacceptable consequences associated with a loss of functionality.

The Contractor shall maintain a comprehensive risk management program focused on managing risks to County operations and data, including mitigation of the likelihood and impact of an adverse event occurring that would negatively affect contracted services and operations of the County. Business continuity management will enable the Contractor to identify and minimize disruptive risks and restore and recover hosted County business-critical services and/or data within the agreed terms following an adverse event or other major business disruptions. Recovery and timeframes may be impacted when events or disruptions are related to dependencies on third-parties. The County and Contractor will agree on Recovery Point Objectives and Recovery Time Objectives (as needed)) and will periodically review these objectives. Any disruption to services of system will be communicated to the County within 4 hours, and every effort shall be undertaken to restore contracted services, data, operations, security, and functionality.

All data and/or systems and technology provided by the Contractor internally and through thirdparty vendors shall have resiliency and redundancy capabilities to achieve high availability and data recoverability. Contractor Systems shall be designed, where practical and possible, to ensure continuity of service(s) in the event of a disruption or outage.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 1

ATTACHMENT C
1 ASSET MANAGEMENT
Asset management establishes an organization’s inventory of fixed and controlled assets and defines how these assets are managed during their lifecycle to ensure sustained productivity in support of the organization’s critical services. An event that disrupts an asset can inhibit the organization from achieving its mission. An asset management program helps identify appropriate strategies that shall allow the assets to maintain productivity during disruptive events. There are four broad categories of assets: people, information, technology, and facilities.

The Cybersecurity Program strives to achieve and maintain appropriate protection of IT assets. Loss of accountability of IT assets could result in a compromise or breach of IT systems and/or a compromise or breach of sensitive or privacy data. All vendors who contract with the County of Orange ("County") shall work cooperatively to assist County in achieving the objectives and abide by the applicable terms under these Guidelines at all times during the term of its contract with County.

1.1 GOALS AND OBJECTIVES

1.1.1 Services are identified and prioritized.

1.1.2 Assets are inventoried, and the authority and responsibility for these assets is established.

1.1.3 The relationship between assets and the services they support is established.

1.1.4 The asset inventory is managed.

1.1.5 Access to assets is managed.

1.1.6 Information assets are categorized and managed to ensure the sustainment and protection of the critical service.

1.1.7 Facility assets supporting the critical service are prioritized and managed.

1.2 ASSET MANAGEMENT POLICY STATEMENTS

1.2.1 Services Inventory

1.2.1.1 Departments shall maintain an inventory of its services. This listing shall be used by the department to assist with its risk management analysis.

1.2.2 Asset Inventory – Information

1.2.2.1 All information that is created or used within the County’s trusted environment in support of County business activities shall be considered the property of the County. All County property shall be used in compliance with this policy.

1.2.2.2 County information is a valuable asset and shall be protected from unauthorized disclosure, modification, or destruction. Prudent information security standards and practices shall be implemented to ensure that the integrity, confidentiality, and availability of County information are not compromised. All County information shall be protected from the time of its creation through its useful life and authorized disposal.

1.2.2.3 Departments shall establish internal procedures for the secure handling and storage of all electronically maintained County information that is owned or controlled by the department.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 2

1.2.3 Asset Inventory - Technology (Devices, Software)

1.2.3.1 Departments shall maintain an inventory of all department managed devices that connect to County network resources or processes, stores, or transmits County data including but not limited to:
• Desktop computers,
• Laptop Computers,
• Tablets (iPads and Android devices),
• Mobile Phones (basic cell phones),
• Smart Phones (iPhones, Blackberry, Windows Phones and Android Phones), • Servers,
• Storage devices,
• Network switches,
• Routers,
• Firewalls,
• Security Appliances,
• Internet of Things (IoT) devices,
• Printers,
• Scanners,
• Kiosks and Thin clients,
• Mainframe Hardware, and
• VoIP Phones.

1.2.3.2 Asset inventory shall map assets to the services they support.

1.2.3.3 Departments shall adopt a standard naming convention for devices (naming convention to be utilized as devices are serviced or purchased) that, at a minimum, includes the following:
• Department (see Appendix A for an example Department Listing) • Facility (see Appendix B for an example Facility Listing) • Device Type (see Appendix C for an example Device Type Listing)

1.2.3.4 Each department shall ensure that all software used on County systems and in the execution of County business shall be used legally and in compliance with licensing agreements.

1.2.4 Asset Inventory - Facilities

1.2.4.1 Departments shall maintain an inventory of its facilities. This listing shall be used by the department to assist with its risk management analysis.

1.2.4.2 Departments shall identify the facilities used by its critical services.

1.2.5 Access Controls

1.2.5.1 Departments shall establish a procedure that ensures only users with legitimate business needs to access County IT resources are provided with user accounts.

1.2.5.2 Access to County information systems and information systems data shall be based on each user’s access privileges. Access controls shall ensure that even legitimate users cannot access stored information unless they are authorized to do so. Access control should start by denying access to everything, and then explicitly granting access according to the “need to know” principle.

1.2.5.3 Access to County information and County information assets should be based on the principle County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 3
of “least privilege,” that is, grant no user greater access privileges to the information or assets than County responsibilities demand.

1.2.5.4 The owner of each County system, or their designee, provides written authorization for all internal and external user access.

1.2.5.5 All access to internal County computer systems shall be controlled by an authentication method involving a minimum of a user identifier (ID) and password combination that provides verification of the user’s identity.

1.2.5.6 All County workforce members are to be assigned a unique user ID to access the network.

1.2.5.7 A user account shall be explicitly assigned to a single, named individual. No group or shared computer accounts are permissible except when necessary and warranted due to legitimate business needs. Such need shall be documented prior to account creation and accounts activated only when necessary.

1.2.5.8 User accounts shall not be shared with others including, but not limited to, someone whose access has been denied or terminated.

1.2.5.9 Departments shall conduct regular reviews of the registered users’ access level privileges.

System owners shall provide user listings to departments for confirmation of user’s access privileges.

1.2.6 Asset Sanitation/Disposal

1.2.6.1 Unless approved by County management, no County computer equipment shall be removed from the premises.

1.2.6.2 Prior to re-deployment, storage media shall be appropriately cleansed to prevent unauthorized exposure of data.

1.2.6.3 Surplus, donation, disposal or destruction of equipment containing storage media shall be appropriately disposed according to the terms of the equipment disposal services contract.

1.2.6.4 Sanitization methods for media containing County information shall be in accordance with NSA standards (for example, clearing, purging, or destroying).

1.2.6.5 Disposal of equipment shall be done in accordance with all applicable County, state or federal surplus property and environmental disposal laws, regulations or policies.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 4
2 CONTROLS MANAGEMENT
The Controls Management domain focuses on the processes by which an organization plans, defines, analyzes, and assesses the controls that are implemented internally. This process helps the organization ensure the controls management objectives are satisfied.

This domain focuses on the resilience controls that allow an organization to operate during a time of stress.

These resilience controls are implemented in the organization at all levels and require various levels of management and staff to plan, define, analyze, and assess.

2.1 GOALS AND OBJECTIVES

2.1.1 Control objectives are established.

2.1.2 Controls are implemented.

2.1.3 Control designs are analyzed to ensure they satisfy control objectives.

2.1.4 Internal control system is assessed to ensure control objectives are met.

2.2 CONTROL MANAGEMENT POLICY STATEMENTS

2.2.1 Physical and Environmental Security

2.2.1.1 Procedures and facility hardening measures shall be adopted to prevent attempts at and detection of unauthorized access or damage to facilities that contain County information systems and/or processing facilities.

2.2.1.2 Restricted areas within facilities that house sensitive or critical County information systems shall, at a minimum, utilize physical access controls designed to permit access by authorized personnel only.

2.2.1.3 Physical protection measures against damage from external and environmental threats shall be implemented by all departments as appropriate.

2.2.1.4 Access to any office, computer room, or work area that contains sensitive information shall be physically restricted from unauthorized access.

2.2.1.5 Access points such as delivery and loading areas and other points where unauthorized persons may enter the premises shall be controlled and, if possible, isolated from information processing facilities to avoid unauthorized access. An example of this would be separating the two areas by a badge-only accessible door.

2.2.1.6 Continuity of power shall be provided to maintain the availability of critical equipment and information systems.

2.2.1.7 Power and telecommunications cabling carrying data or supporting information services shall be protected from interception or damage. Different, yet appropriate methods shall be utilized for internal and external cabling.

2.2.1.8 Equipment shall be properly maintained to ensure its continued availability and integrity.

2.2.1.9 All shared IT infrastructure by more than one department shall meet countywide security policy for facility standards, availability, access, data & network security.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 5

2.2.2 Network Segmentation
NOTE: This section is applicable to Departments that manage their own network devices.

2.2.2.1 Segment (e.g., VLANs) the network into multiple, separate zones (based on trust levels of the information stored/transmitted) to provide more granular control of system access and additional intranet boundary defenses. Whenever information flows over a network of lower trust level, the information shall be encrypted.

2.2.2.2 Segment the network into multiple, separate zones based on the devices (servers, workstations, mobile devices, printers, etc.) connected to the network.

2.2.2.3 Create separate network segments (e.g., VLANs) for BYOD (bring your own device) systems or other untrusted devices.

2.2.2.4 The network infrastructure shall be managed across network connections that are separated from the business use of that network, relying on separate VLANs or, preferably, on entirely different physical connectivity for management sessions for network devices.

2.2.3 Mobile Computing Devices
To ensure that Mobile Computing Devices (MCDs) do not introduce threats into systems that process or store County information, departments’ management shall:

2.2.3.1 Establish and manage a process for authorizing, issuing and tracking the use of MCDs.

2.2.3.2 Permit only authorized MCDs to connect to County information assets or networks that store, process, transmit, or connects to County information and information assets.

2.2.3.3 Implement applicable access control requirements in accordance with this policy, such as the enforcement of a system or device lockout after 15 minutes of inactivity requiring re-entering of a password to unlock.

2.2.3.4 Install an encryption algorithm that meets or exceeds industry recommended encryption standard for any MCD that will be used to store County information. See Section on Encryption.

2.2.3.5 Ensure that MCDs are configured to restrict the user from circumventing the authentication process.

2.2.3.6 Provide security awareness training to County employees that informs MCD users regarding MCD restrictions.

2.2.3.7 Label MCDs with County address and/or phone number so that the device can be returned to the County if recovered.

2.2.3.8 The installation of any software, executable, or other file to any County computing device is prohibited if that software, executable, or other file downloaded by, is owned by, or was purchased by an employee or contractor with his or her own funds unless approved by the department. If the device (“i” device or smartphone, only) complies with the mobile device management security standards (see section 9.2.3 Mobile Computing Devices), this is not applicable.

2.2.4 Personally Owned Devices
Personal computing devices include, but are not limited to, removable media such as thumb or USB drives, external hard drives, laptop or desktop computers, cellular phones, or personal digital assistants (PDA's) owned by or purchased by employees, contract personnel, or other non-County users.

2.2.4.1 The connection of any computing device not owned by the County to a County network (except the Public Wi-Fi provided for public use) or computing device is prohibited unless previously County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 6
approved.

2.2.4.2 The County authorizes the use of personal devices to access resources that do not traverse the County network directly. Such resources include County’s Microsoft Office 365 environment, OC Expediter, and VTI timesheet applications, to name a few. Access to some agency specific applications, e.g., applications that are subject to compliance regulations may require prior approval of the County CISO and the associated Department Head.

2.2.4.3 The County will respect the privacy of a user’s voluntary use of a personally owned device to access County IT resources.

2.2.4.4 The County will only request access to the personally owned device in order to implement security controls; to respond to litigation hold (aka: e-discovery) requests arising out of administrative, civil, or criminal directives, Public Record Act requests, and subpoenas; or as otherwise required or permitted by applicable state or federal laws. Such access will be performed by an authorized technician or designee using a legitimate software process.

2.2.5 Logon Banners and Warning Notices

2.2.5.1 At the time of network login, the user shall be presented with a login banner.

2.2.5.2 All computer systems that contain or access County information shall display warning banners informing potential users of conditions of use consistent with state and federal laws.

2.2.5.3 Warning banners shall remain on the screen until the user takes explicit actions to log on to the information system.

2.2.5.4 The banner message shall be placed at the user authentication point for every computer system that contains or accesses County information. The banner message may be placed on an initial logon screen in situations where the logon provides access to multiple computer systems.

2.2.5.5 At a minimum, banner messages shall provide appropriate privacy and security information and shall contain information informing potential users that:
• User is accessing a government information system for conditions of use consistent with state and federal information security and privacy protection laws. • System usage may be monitored, recorded, and subject to audit. • Unauthorized use of the system is prohibited and subject to criminal and civil penalties. • Use of the system indicates consent to monitoring and recording.

2.2.6 Authentication

2.2.6.1 Authenticate user identities at initial connection to County resources.

2.2.6.2 Authentication mechanisms shall be appropriate to the sensitivity of the information contained.

2.2.6.3 Users shall not receive detailed feedback from the authenticating system on failed logon attempts.

2.2.7 Passwords

2.2.7.1 County approved password standards and/or guidelines shall be applied to access County systems. These standards extend to mobile devices (see Section 9.2.4 Mobile Computing Devices for additional guidance on mobile devices) and personally owned devices used for work (see Section 9.2.5 Personally Owned Devices for additional guidance on personally owned devices).

2.2.7.2 Passwords are a primary means to control access to systems and shall therefore be selected, used, and managed to protect against unauthorized discovery or usage. Passwords shall satisfy the following complexity rule:

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 7
• Passwords will contain a minimum of one upper case letter • Passwords will contain a minimum of one lower case letter • Passwords will contain a minimum of one number: 1- 0
• Passwords will contain a minimum of one symbol: !,@,#,$,%,^,&,*,(,) • Password characters will not be sequential (Do not use: ABCD , This is ok: ACDB) • Passwords characters will not be repeated in a row (Do not use: P@$$S. This is ok:

P@$S$)
• COMPLEX PASSWORD EXAMPLE: P@$SWoRd13

2.2.7.3 Passwords shall have a minimum length of 8 characters.

2.2.7.4 Passwords shall not be reused for twelve iterations.

2.2.7.5 Departments shall require users to change their passwords periodically (e.g., every 90 days at the maximum). Changing passwords more often than 90 days is encouraged.

2.2.7.6 Network and application systems shall be configured to enforce automatic expiration of passwords at regular intervals (e.g., every 90 days at the maximum) when the technology is feasible or available.

2.2.7.7 Newly created accounts shall be assigned a randomly generated password prior to account information being provided to the user.

2.2.7.8 No user shall give his or her password to another person under any circumstances. Workforce members who suspect that their password has become known by another person shall change their password immediately and report their suspicion to management in accordance with Section 12: Incident Management.

2.2.7.9 Users who have lost or forgotten their passwords shall make any password reset requests themselves without using a proxy (e.g., another County employee) unless approved by management. Prior to processing password change requests, the requester shall be authenticated to the user account in question. (e.g., Verification with user’s supervisor or the use of passphrases can be used for this authentication process.) New passwords shall be provided directly and only to the user in question.

2.2.7.10 When technologically feasible, a new or reset password shall be set to expire on its initial use at log on so that the user is required to change the provided password to one known only to them.

2.2.7.11 All passwords are to be treated as sensitive information.

2.2.7.12 User Accounts shall be locked after five consecutive invalid logon attempts within a 24-hour period. The lockout duration shall be at least 30 minutes or until a system administrator enables the user ID after investigation. These features shall be configured as indicated when the technology is feasible or available.

2.2.7.13 All systems containing sensitive information shall not allow users to have multiple concurrent sessions on the same system when the technology is feasible or available.

2.2.8 Inactivity Timeout and Restricted Connection Times

2.2.8.1 Automatic lockouts for system devices, including workstations and mobile computing devices (refer to Section 9.2.4 Mobile Computing Devices), after no more than 15 minutes of inactivity.

2.2.8.2 Automated screen lockouts shall be used wherever possible using a set time increment (e.g., 15 minutes of non-activity). In situations where it is not possible to automate a lockout, operational procedures shall be implemented to instruct users to lock the terminal or equipment so that unauthorized individuals cannot make use of the system. Once logged on, workforce members shall not leave their computer unattended or available for someone else to use.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 8

2.2.8.3 When deemed necessary, user logins and data communications may be restricted by time and date configurations that limit when connections shall be accepted.

2.2.9 Account Monitoring

2.2.9.1 Access to a County network and its resources shall be strictly controlled, managed, and reviewed to ensure only authorized users gain access based on the privileges granted. (e.g., Kiosks provide physical and public access to County networks. These shall be secured to ensure County resources are not accessed by unauthorized users.)

2.2.9.2 The control mechanisms for all types of access to County IT resources by contractors, customers or vendors are to be documented.

2.2.9.3 Monitor account usage to determine dormant accounts that have not been used for a given period, such as 45 days, notifying the user or user’s manager of the dormancy.

2.2.9.4 After a longer period, such as 60 days, the account shall be disabled by the system when the technology is feasible or available.

2.2.9.5 On a periodic basis, such as quarterly or at least annually, departments shall require that managers match active employees and contractors with each account belonging to their managed staff. Security or system administrators shall then determine whether to disable accounts that are not assigned to active employees or contractors.

2.2.10 Administrative Privileges

2.2.10.1 Systems Administrators shall use separate administrative accounts, which are different from their end user account (required to have an individual end user account), to conduct system administration tasks.

2.2.10.2 Administrative accounts shall only be granted to individuals who have a job requirement to conduct systems administration tasks.

2.2.10.3 Administrative accounts shall be requested in writing and must be approved by the Department Head or designated representative (e.g., DISO) using the Security Review and Approval Process.

2.2.10.4 Systems Administrator accounts that access County enterprise-wide systems or have enterprise-wide impact shall be approved by the CISO using the Security Review and Approval Process.

2.2.10.5 Systems Administrators shall use separate administrative accounts to manage Mobile Device Management (MDM) platforms but may use the local user’s credentials when configuring a mobile phone or tablet device.

2.2.10.6 All passwords for privileged system-level accounts (e.g., root, enable, OS admin, application administration accounts, etc.) shall comply with Section 9.2.8.

2.2.11 Remote Access

2.2.11.1 Departments shall take appropriate steps, including the implementation of appropriate encryption, user authentication, and virus protection measures, to mitigate security risks associated with allowing users to use remote access or mobile computing methods to access County information systems.

2.2.11.2 Remote access privileges shall be granted to County workforce members only for legitimate business needs and with the specific approval of department management.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 9

2.2.11.3 All remote access implementations that utilize the County’s trusted network environment and that have not been previously deployed within the County shall be submitted to and reviewed by OCIT Enterprise Privacy and Cybersecurity. A memorandum of understanding (MOU) shall be utilized for this submittal and review process. This is required for any Suppliers utilizing remote access to conduct maintenance.

2.2.11.4 Remote sessions shall be terminated after 15 minutes of inactivity requiring the user to authenticate again to access County resources.

2.2.11.5 All remote access infrastructures shall include the capability to monitor and record a detailed audit trail of each remote access attempt.

2.2.11.6 All users of County networks and computer systems are prohibited from connecting and/or activating unauthorized dial-up or broadband modems on workstations, laptops, or other computing devices that are simultaneously connected to any County network.

2.2.11.7 Periodic assessments shall be performed to identify unauthorized remote connections. Results shall be used to address any vulnerabilities and prioritized according to criticality.

2.2.11.8 Users granted remote access to County IT infrastructure shall follow all additional policies, guidelines and standards related to authentication and authorization as if they were connected locally. For example, this applies when mapping to shared network drives.

2.2.11.9 Users attempting to use external remote access shall utilize a County-approved multi-factor authentication process.

2.2.11.10 All remote access implementations that involve non-County infrastructures shall be reviewed and approved by both the department DISO and OCIT Enterprise Privacy and Cybersecurity.

This approval shall be received prior to the start of such implementation. The approval shall be developed as a memorandum of understanding (MOU).

2.2.11.11 Remote access privileges to County IT resources shall not be given to contractors, customers or vendors unless department management determines that these individuals or organizations have a legitimate business need for such access. If such access is granted, it shall be limited to those privileges and conditions required for the performance of the specified work.

2.2.12 Wireless Access

2.2.12.1 Departments shall take appropriate steps, including the implementation of appropriate encryption, user authentication, device authentication and malware protection measures, to mitigate risks to the security of County data and information systems associated with the use of wireless network access technologies.

2.2.12.2 Only wireless systems that have been evaluated for security by both department management and OCIT Enterprise Privacy and Cybersecurity shall be approved for connectivity to County networks.

2.2.12.3 County data that is transmitted over any wireless network shall be protected in accordance with the sensitivity of the information.

2.2.12.4 All access to County networks or resources via unapproved wireless communication technologies is prohibited. This includes wireless systems that may be brought into County facilities by visitors or guests. Employees, contractors, vendors and customers are prohibited from connecting and/or activating wireless connections on any computing device that are simultaneously connected to any County network, either locally or remotely.

2.2.12.5 Each department shall make a regular, routine effort to ensure that unauthorized wireless networks, access points, and/or modems are not installed or configured within its IT environments. Any unauthorized connections described above shall be disabled immediately.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 10

2.2.13 System and Network Operations Management

2.2.13.1 Operating procedures and responsibilities for all County information processing facilities shall be formally authorized, documented, and updated.

2.2.13.2 Departments shall establish controls to ensure the security of the information systems networks that they operate.

2.2.13.3 Operational system documentation for County information systems shall be protected from unauthorized access.

2.2.13.4 System utilities shall be available to only those users who have a business case for accessing the specific utility.

2.2.14 System Monitoring and Logging

2.2.14.1 Systems operational staff shall maintain appropriate log(s) of activities, exceptions and information security events involving County information systems and services.

2.2.14.2 Each department shall maintain a log of all faults involving County information systems and services.

2.2.14.3 Logs shall be protected from unauthorized access or modifications wherever they reside.

2.2.14.4 The clocks of all relevant information processing systems and attributable logs shall be synchronized with an agreed upon accurate time source such as an established Network Time Protocol (NTP) service.

2.2.14.5 Auditing and logging of user activity shall be implemented on all critical County systems that support user access capabilities.

2.2.14.6 Periodic log reviews of user access and privileges shall be performed in order to monitor access of sensitive information.

2.2.15 Malware Defenses

2.2.15.1 Departments shall implement endpoint security on computing devices connected to the County network. Endpoint security may include one or more of the following software: anti-virus, antispyware, personal firewall, host-based intrusion detection (IDS), network-based intrusion detection (IDS), intrusion prevention systems (IPS), and whitelisting and blacklisting of applications, web sites, and IP addresses.

2.2.15.2 Special features designed to filter out malicious software contained in either email messages or email attachments shall be implemented on all County email systems.

2.2.15.3 Where feasible, any computing device, including laptops and desktop PCs, that has been connected to a non-County infrastructure (including employee home networks) and subsequently used to connect to the County network shall be verified that it is free from viruses and other forms of malicious software prior to attaining connectivity to the County network.

2.2.16 Data Loss Prevention

2.2.16.1 Departments shall implement host-based Data Loss Prevention (DLP) to reduce the risk of data breach related to sensitive information.

2.2.16.2 Departments shall deploy encryption software on mobile devices containing sensitive. See Section 9.2.19 Encryption for additional guidance.

2.2.17 Data Transfer

2.2.17.1 Agreements shall be implemented for the exchange of information between the County and other entities. As well as between departments.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 11

2.2.17.2 County information accessed via electronic commerce shall have security controls implemented based on the assessed risk.

2.2.18 Encryption

2.2.18.1 The decision to use cryptographic controls and/or data encryption in an application shall be based on the level of risk of unauthorized access and the sensitivity of the data that is to be protected.

2.2.18.2 The decision to use cryptographic controls and/or data encryption on a hard drive shall be based on the level of risk of unauthorized access and the sensitivity of the data that is to be protected.

2.2.18.3 Where appropriate, encryption shall be used to protect confidential (as defined by County policy) application data that is transmitted over open, untrusted networks, such as the Internet.

2.2.18.4 When cryptographic controls are used, procedures addressing the following areas shall be established by each department:
• Determination of the level of cryptographic controls
• Key management/distribution steps and responsibilities

2.2.18.5 Encryption keys shall be exchanged only using secure methods of communication.

2.2.19 System Acquisition and Development

2.2.19.1 Departments shall identify all business applications that are used by their users in support of primary business functions. This includes all applications owned and/or managed by the department as well as other business applications that are used by the department but owned and/or managed by other County organizations. All business applications used by a department shall be documented in the department’s IT security plan as well as their Business Impact Analysis (BIA).

2.2.19.2 An application owner shall be designated for each internal department business application.

2.2.19.3 All access controls associated with business applications shall be commensurate with the highest level of data used within the application. These same access controls shall also adhere to the policy provided in Section 7: Access Control.

2.2.19.4 Security requirements shall be incorporated into the evaluation process for all commercial software products that are intended to be used as the basis for a business application. The security requirements in question shall be based on requirements and standards specified in this policy.

2.2.19.5 In situations where data needs to be isolated because there would be a conflict of interest (e.g., DA and OCPD data cannot be shared), data security shall be designed and implemented to ensure that isolation.

Business Requirements

2.2.19.6 The business requirements definition phase of system development shall contain a review to ensure that the system shall adhere to County information security standards.

System Files

2.2.19.7 Operating system files, application software and data shall be secured from unauthorized use or access.

2.2.19.8 Clear-text data that results from testing shall be handled, stored, and disposed of in the same County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 12
manner and using the same procedures as are used for production data.

2.2.19.9 System tests shall be performed on data that is constructed specifically for that purpose.

2.2.19.10 System testing shall not be performed on operational data unless the necessary safeguards are in place.

2.2.19.11 A combination of technical, procedural and physical safeguards shall be used to protect application source code from unintentional or unauthorized modification or destruction. All County proprietary information, including source code, needs to be protected through appropriate role-based access controls. An example of this is a change control tool that records all changes to source code including new development, updates, and deletions, along with check-in and check-out information.

System Development & Maintenance

2.2.19.12 The development of software for use on County information systems shall have documented change control procedures in place to ensure proper versioning and implementation.

2.2.19.13 When preparing to upgrade any County information systems, including an operating system, on a production computing resource; the process of testing and approving the upgrade shall be completed in advance in order to minimize potential security risks and disruptions to the production environment.

2.2.19.14 Any outside suppliers used for maintenance that are visitors to the facility are to be escorted and monitored while performing maintenance to critical systems. This does not apply to contractors that are assigned to work at the facility.

2.2.19.15 Systems shall be hardened, and logs monitored to ensure the avoidance of the introduction and exploitation of malicious code.

2.2.19.16 All County workforce members shall not create, execute, forward, or introduce computer code designed to self-replicate, damage, or impede the performance of a computer’s memory, storage, operating system, or application software.

2.2.19.17 In conjunction with other access control policies, any opportunity for information leakage shall be prevented through good system design practices.

2.2.19.18 Departments are responsible for managing outsourced software development related to department-owned IT systems.

System Requirements
Any system that processes or stores County Information shall:

2.2.19.19 Baseline configuration shall incorporate Principle of Least Privilege and Functionality.

2.2.19.20 Systems shall be deployed where feasible to utilize existing County authentication methods.

2.2.19.21 Session inactivity timeouts shall be implemented for all access into and from County networks.

2.2.19.22 All applications are to have access controls unless specifically designated as a public access resource.

2.2.19.23 Meet the password requirements defined in Section 9.2.8: Passwords.

2.2.19.24 Strictly control access enabling only privileged users or supervisors to override system controls or the capability of bypassing data validation or editing problems.

2.2.19.25 Monitor special privilege access, e.g., administration accounts.

2.2.19.26 Restrict authority to change master files to persons independent of the data processing function.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 13

2.2.19.27 Have access control mechanisms to prevent unauthorized access or changes to data, especially, the server file systems that are connected to the Internet, even behind a firewall.

2.2.19.28 Be capable of routinely monitoring the access to automated systems containing County Information.

2.2.19.29 Log all modifications to the system files.

2.2.19.30 Limit access to system utility programs to necessary individuals with specific designation.

2.2.19.31 Maintain audit logs on a device separate from the system being monitored.

2.2.19.32 Delete or disable all default accounts.

2.2.19.33 Restrict access to server file-system controls to ensure that all changes such as direct write, write access to system areas and software or service changes shall be applied only through the appropriate change control process.

2.2.19.34 Restrict access to server-file-system controls that allow access to other users’ files.

2.2.19.35 Ensure that servers containing user credentials shall be physically protected, hardened and monitored to prevent inappropriate use.

2.2.20 Procurement Controls

2.2.20.1 Breach notification requirements clause to be included in new or renewal contracts (once policy is effective) for systems containing sensitive information.

Contractor shall report to the County within 24 hours as defined in this contract when Contractor becomes aware of any suspected data breach of Contractor’s or Sub-Contractor’s systems involving County’s data.

2.2.20.2 Departments shall review all procurements and renewals for software and equipment (hosted/managed by the vendor) that transmits, stores, or processes sensitive information to ensure that vendors and contractors are aware of and are in compliance with County’s cybersecurity policies if applicable. Departments shall obtain documentation supporting the business partners, contractors, consultants, or vendors compliance with County’s cybersecurity policies such as:
• SOC 1 Type 2
• SOC 2 Type 2
• Security Certifications (ISO, PCI, etc.)
• Penetration Test Results

2.2.21 IT Services Provided to Public

2.2.21.1 Public access to County electronic information resources shall provide desired services in accordance with safeguards designed to protect County resources. All County electronic information resources are to be reviewed at least quarterly.

2.2.22 Removable Media

2.2.22.1 When no longer required, the contents of removable media shall be permanently destroyed or rendered unrecoverable in accordance with applicable department, County, state, or federal record disposal and/or retention requirement
County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 14
3 CONFIGURATION & CHANGE MANAGEMENT
Configuration and Change Management (CCM) is the process of maintaining the integrity of hardware, software, firmware, and documentation related to the configuration and change management process.

CCM is a continuous process of controlling and approving changes to information or technology assets or related infrastructure that support the critical services of an organization. This process includes the addition of new assets, changes to assets, and the elimination of assets.

Cybersecurity is an integral component to information systems from the onset of the project or acquisition through implementation of:
• Application and system security
• Configuration management
• Change control procedures
• Encryption and key management
• Software maintenance, including but not limited to, upgrades, antivirus, patching and malware detection response systems
As the complexity of information systems increases, the complexity of the processes used to create these systems also increases, as does the probability of accidental errors in configuration. The impact of these errors puts data and systems that may be critical to business operations at significant risk of failure that could cause the organization to lose business, suffer damage to its reputation, or close completely. Having a CCM process to protect against these risks is vital to the overall security posture of the organization.

3.1 GOALS AND OBJECTIVES

3.1.1 The lifecycle of assets is managed.

3.1.2 The integrity of technology and information assets is managed.

3.1.3 Asset configuration baselines are established.

3.2 CONFIGURATION & CHANGE MANAGEMENT POLICY STATEMENTS

3.2.1 Changes to all information processing facilities, systems, software, or procedures shall be strictly controlled according to formal change management procedures.

3.2.2 Changes impacting security appliances managed by OCIT (e.g., security architecture, security appliances, County firewall, Website listings, application listings, email gateway, administrative accounts) shall be reviewed by OCIT Enterprise Privacy and Cybersecurity in accordance with the County Security Review and Approval Process.

3.2.3 Only authorized users shall make any changes to system and/or software configuration files.

3.2.4 Only authorized users shall download and/or install operating system software, service-related software (such as web server software), or other software applications on County computer systems without prior written authorization from department IT management. This includes, but is not limited to, free software, computer games and peer-to-peer file sharing software.

3.2.5 Each department shall develop a formal change control procedure that outlines the process to be used for identifying, classifying, approving, implementing, testing, and documenting changes to its IT resources.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 15

3.2.6 Each department shall conduct periodic audits designed to determine if unauthorized software has been installed on any of its computers.

3.2.7 As appropriate, segregation of duties shall be implemented by all County departments to ensure that no single person has control of multiple critical systems and the potential for misusing that control.

3.2.8 Production computing environments shall be separated from development and test computing environments to reduce the risk of one environment adversely affecting another.

3.2.9 System capacity requirements shall be monitored, and usage projected to ensure the continual availability of adequate processing power, bandwidth, and storage.

3.2.10 System acceptance criteria for all new information systems and system upgrades shall be defined, documented, and utilized to minimize risk of system failure.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 16
4 VULNERABILITY MANAGEMENT
The Vulnerability Management domain focuses on the process by which organizations identify, analyze, and manage vulnerabilities in a critical service’s operating environment.

4.1 GOALS AND OBJECTIVES

4.1.1 Preparation for vulnerability analysis and resolution activities is conducted.

4.1.2 A process for identifying and analyzing vulnerabilities is established and maintained.

4.1.3 Exposure to identified vulnerabilities is managed.

4.1.4 The root causes of vulnerabilities are addressed.

4.2 VULNERABILITY MANAGEMENT POLICY STATEMENTS

4.2.1 Departments shall develop and maintain a vulnerability management process as part of its Cybersecurity Program.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 17
5 CYBERSECURITY INCIDENT MANAGEMENT
Information Security Incident Management establishes the policy to be used by each department in planning for, reporting on, and responding to computer security incidents. For these purposes an incident is defined as any irregular or adverse event that occurs on a County system or network. The goal of incident management is to mitigate the impact of a disruptive event. To accomplish this goal, an organization establishes processes that:
• detect and identify events
• triage and analyze events to determine whether an incident is underway • respond and recover from an incident
• improve the organization’s capabilities for responding to a future incident This domain defines management controls for addressing cyber incidents. The controls provide a consistent and effective approach to Cyber Incident Response aligned with Orange County’s Cyber Incident Response Plan, to include:
• Collection of evidence related to the cyber incident as appropriate • Reporting procedures including any and all statutory reporting requirements • Incident remediation
• Minimum logging procedures
• Annual testing of the plan

5.1 GOALS AND OBJECTIVES

5.1.1 A process for identifying, analyzing, responding to, and learning from incidents is established.

5.1.2 A process for detecting, reporting, triaging, and analyzing events is established.

5.1.3 Incidents are declared and analyzed.

5.1.4 A process for responding to and recovering from incidents is established.

5.1.5 Post-incident lessons learned are translated into improvement strategies.

5.2 CYBERSECURITY INCIDENT MANAGEMENT POLICY STATEMENTS

5.2.1 Cybersecurity incident management procedures shall be established within each department to ensure quick, orderly, and effective responses to security incidents. In the event a department has not established these procedures, the department may adopt the County’s Cyber Incident Response Plan. The steps involved in managing a security incident are typically categorized into six stages:

5.2.2 System preparation

5.2.3 Problem identification

5.2.4 Problem containment

5.2.5 Problem eradication

5.2.6 Incident recovery

5.2.7 Lessons learned

5.2.8 The DISO shall act as the liaison between applicable parties during a cybersecurity incident. The DISO shall be the department’s primary point of contact for all IT security issues.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 18

5.2.9 A directory or phone tree shall be created listing all department cybersecurity incident liaison contact information.

5.2.10 Departments shall conduct periodic (at least annually) cybersecurity incident scenario sessions for personnel associated with the cybersecurity incident handling team to ensure that they understand current threats and risks, as well as their responsibilities in supporting the cybersecurity incident handling team.

5.2.11 Departments shall develop and document procedures for reporting cybersecurity incidents. For example, all employees, contractors, vendors and customers of County information systems shall be required to note and report any observed or suspected security weaknesses in systems to management. In the event a department has not established these procedures, the department may adopt the County’s Cyber Incident Response Plan.

5.2.12 Each department shall familiarize its employees on the use of its cybersecurity incident reporting procedures.

5.2.13 Contact with local authorities, including law enforcement, shall be conducted through an organized, repeatable process that is both well documented and communicated.

5.2.14 Contact with special interest groups, including media and labor relations, shall be conducted through an organized, repeatable process that is both well documented and communicated.

5.2.15 Where a follow-up action against an entity after a cybersecurity incident shall involve civil or criminal legal action, evidence shall be collected, retained, and presented to conform to the rules for evidence as demanded by the relevant jurisdiction(s). At the Department’s discretion, they may obtain the services of qualified external professionals to complete these tasks.

5.2.16 Departments shall report cybersecurity incidents to the Central IT Service Desk in accordance with the County’s Cyber Incident Reporting Policy.

5.2.17 Confirmed cybersecurity incidents that meet the criteria defined in the Significant Incident/Claim Reporting Protocol shall be reported by the County’s Chief Information Security Officer to the Chief Information Officer (CIO), County Executive Officer (CEO), and the Board of Supervisors within 24 hours of determination that a cybersecurity incident has occurred.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 19
6 SERVICE CONTINUITY MANAGEMENT
Service continuity planning is one of the more important aspects of resilience management because it provides a process for preparing for and responding to disruptive events, whether natural or man-made.

Operational disruptions may occur regularly and can scale from so small that the impact is essentially negligible to so large that they could prevent an organization from achieving its mission. Services that are most important to an organization’s ability to meet its mission are considered essential and are focused on first when responding to disruptions. The process of identifying and prioritizing services and the assets that support them is foundational to service continuity.

Service continuity planning provides the organization with predefined procedures for sustaining essential operations in varying adverse conditions, from minor interruptions to large-scale incidents. For example, a power interruption or failure of an IT component may necessitate manual workaround procedures during repairs. A data center outage or loss of a business or facility housing essential services may require the organization to recover business or IT operations at an alternate location.

The process of assessing, prioritizing, planning and responding to, and improving plans to address disruptive events is known as service continuity. The goal of service continuity is to mitigate the impact of disruptive events by utilizing tested or exercised plans that facilitate predictable and consistent continuity of essential services.

This domain defines requirements to document, implement and annually test plans, including the testing of all appropriate cybersecurity provisions, to minimize impact to systems or processes from the effects of major failures of information systems or disasters via adoption and annual testing of:
• Business Continuity Plan
• Disaster Recovery Plan
• Cyber Incident Response Plan
Business Continuity is intended to counteract interruptions in business activities and to protect critical business processes from the effects of significant disruptions. Disaster Recovery provides for the restoration of critical County assets, including IT infrastructure and systems, staff, and facilities.

6.1 GOALS AND OBJECTIVES

6.1.1 Service continuity plans for high-value services are developed.

6.1.2 Service continuity plans are reviewed to resolve conflicts between plans.

6.1.3 Service continuity plans are tested to ensure they meet their stated objectives.

6.1.4 Service continuity plans are executed and reviewed.

6.2 SERVICE CONTINUITY MANAGEMENT POLICY STATEMENTS

6.2.1 Backups of all essential electronically maintained County business data shall be routinely created and properly stored to ensure prompt restoration.

6.2.2 Each department shall implement and document a backup approach for ensuring the availability of critical application databases, system configuration files, and/or any other electronic information critical to maintaining normal business operations within the department.

County of Orange
Information Technology Security Guidelines
July 3, 2024 P a g e | 20

6.2.3 The frequency and extent of backups shall be in accordance with the importance of the information and the acceptable risk as determined by each department.

6.2.4 Departments shall ensure that locations where backup media are stored are safe, secure, and protected from environmental hazards. Access to backup media shall be commensurate with the highest level of information stored and physical access controls shall meet or exceed the physical access controls of the data’s source systems.

6.2.5 Backup media shall be labeled and handled in accordance with the highest sensitivity level of the information stored on the media.

6.2.6 Departments shall define and periodically test a formal procedure designed to verify the success of the backup process.

6.2.7 Restoration from backups shall be tested initially once the process is in place and periodically afterwards. Confirmation of business functionality after restoration shall also be tested in conjunction with the backup procedure test.

6.2.8 Departments shall retain backup information only as long as needed to carry out the purpose for which the data was collected, or for the minimum period required by law.

6.2.9 Alternate storage facilities shall be used to ensure confidentiality, integrity and availability of all County systems.

6.2.10 Each department shall develop, periodically update, and regularly test business continuity and disaster recovery plans in accordance with the County’s Business Continuity Management Policy.

6.2.11 Departments shall review and update their Risk Assessments (RAs) and Business Impact Analyses (BIAs) as necessary, determined by department management (annually is recommended). As detailed in Section 14: Risk Assessment and Treatment, RAs include department identification of risks that can cause interruptions to business processes along with the probability and impact of such interruptions and the consequences to information security.

A BIA establishes the list of processes and systems that the department has deemed critical after performing a risk analysis.

6.2.12 Continuity plans shall be developed and implemented to provide for continuity of business operations in the event that critical IT assets become unavailable. Plans shall provide for the availability of information at the required level and within the established Recovery Time Objective (RTO) and their location, as alternate facilities shall be used to maintain continuity.

6.2.13 Each department shall maintain a comprehensive plan document containing its business continuity plans. Plans shall be consistent, address information security requirements, and identify priorities for testing and maintenance. Plans shall be prepared in accordance with the standards established by the County’s Business Continuity Management Policy.

Each department shall define failure prevention protocols to maintain confidentiality, integrity and availability. Departments shall automate failover procedures where applicable and maintain adequate (predictable) levels of ancillary components to meet this provision. 1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 28, 2025
SUBJECT: RENEWAL OF DECLARATION THAT AN EMERGENCY CONDITION

EXISTS ARISING FROM DAMAGE TO THE WESTERLY END STANTON

PARK PEDESTRIAN BRIDGE
REPORT IN BRIEF:

Consideration of the City Council to continue declaring the repair an emergency. The westerly end pedestrian bridge at Stanton Park has been damaged and unusable since June 2023. The pedestrian bridge is a major pedestrian walkway serving many of the residents of the City.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Find that the City Council continues declaring the repairs an emergency.

BACKGROUND:

In late June 2023, a vehicle collided with the Westerly End Pedestrian Bridge at Stanton Park (“the pedestrian bridge”), causing significant damage to the pedestrian bridge. Due to immediate safety concerns, the pedestrian bridge was promptly closed and secured.

However, these fixes are only temporary, and the City will need to procure additional services immediately to make additional repairs to the pedestrian bridge.

On November 12, 2024, City Council adopted Resolution 2024-36, which authorized that an emergency condition exists arising from damage to the Westerly End Stanton Park Pedestrian Bridge.

Item: 9E
Click here to return to the agenda.
2 ANALYSIS/JUSTIFICATION:

Earlier this month, the contractor submitted the required plans to the City and Orange County Flood Control for permit approval. The permit review process is anticipated to take approximately six weeks. Following approval, the bridge fabrication is expected to take four weeks. Construction is projected to begin in early April 2025 and is estimated to take 40 working days to complete.

FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

None
STRATEGIC PLAN OBJECTIVE:

Obj. No. 3: Provide a quality infrastructure.

Prepared by: Cesar Rangel P.E., Director of Public Works/City Engineer 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: January 28, 2025
SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE FISCAL YEAR (FY) 2023/24 CITYWIDE ALLEY RESURFACING PROJECT (TASK CODE
NO. 2024-101)
REPORT IN BRIEF:

Nine bids for the FY 2023/24 Citywide Alley Resurfacing Project were opened on December 10, 2024. Based on the post-bid analysis of the bids received, staff has determined the bid submitted by Sequel Contractors, Inc. to be the lowest responsible and responsive bid at $631,370.

RECOMMENDED ACTION:

2. Award a construction contract for the FY 2023/24 Citywide Alley Resurfacing Project to Sequel Contractors, Inc. for the bid amount of $631,370 and reject all other bids; and

3. Authorize the City Manager to bind the City of Stanton and Sequel Contractors, Inc. in a contract for the construction; and

4. Authorize the City Manager to approve contract change orders, not to exceed $63,137; and

5. Authorize the City Manager to amend the adopted OCTA FY 2024/2025 – FY 2030/31 Measure M Seven Year Capital Improvement Program to include the FY 2023/24 Citywide Alley Resurfacing Project.

BACKGROUND:

This Project consists of demolition and removals, clearing and grubbing, roadway modifications, roadway grading and earthwork, concrete work (ramps and sidewalks), asphalt pavement, signing and striping, and all appurtenant work.

Item: 9F
Click here to return to the agenda.
2 On August 27, 2024, the City Council authorized staff to advertise this project for construction and approved the plans and specifications.

ANALYSIS/JUSTIFICATION:

Bid opening for this project was on December 10, 2024. Nine (9) bids were received and opened as follows:

Rank Company Bid
1 M.J. Jurado, Inc.(1) (2) $ 447,987.00
2 Sequel Contractors, Inc. $ 631,370.00
3 TVR Construction Engineering, LLC(2) $ 635,500.00
4 Hardy & Harper, Inc. $ 687,000.00
5 Onyx Paving Company, Inc. $ 693,000.00
6 Superior Paving Company, Inc. $ 758,555.49
7 Terra Pave, Inc. $ 822,180.00
8 Towo Enterprise, Inc. $ 918,000.00
9 All American Asphalt $ 987,346.00
(1) The bid submittal had clerical error(s) regarding one of their line items, and so their Total Base Bid based on their unit pricing submitted is shown. (2) The bid submittal is deemed unresponsive.

M.J. Jurado, Inc.’s submittal is deemed unresponsive because the bid did not include a bid bond, thus not meeting the requirements. TVR Construction Engineering, LLC submitted the incorrect Proposal Documents; therefore, their bid is deemed unresponsive.

Sequel Contractors, Inc. submitted the lowest responsible bid in the amount of $631,370, which is approximately 2.7 percent above the Engineer’s estimate of $615,000. Staff has reviewed the submitted documents and found that Sequel Contractors, Inc. has submitted the lowest bid and is compliant with the contract documents. References were checked with the Cities of South Gate, Montclair, and Pomona.

For every construction contract awarded by City Council, City staff is required to return to City Council to accept the improvements, approve the final construction contract amount, and direct the City Council to file a Notice of Completion.

Additionally, staff recommends amending the OCTA FY 2024/2025 – FY 2030/31 Measure M Seven-Year Capital Improvement Program to include the FY 2023/24 Citywide Alley Resurfacing Project. This amendment will allow the project to be eligible for use of Measure M2 funding. Measure M2 fair share funds are designated for local and regional transportation improvement and maintenance projects. 3 FISCAL IMPACT:

The Fiscal Year 2023/24 Capital Improvement Budget includes $1,539,590 for this project (Task Code No. 2024-101). The primary source of funding for this project will be Measure M2 Funds. The following table presents an estimated breakdown of total project costs:

Description Amount
Construction Contract $ 631,370
Contingency $ 63,137
Inspections / Materials Testing $ 20,000
Total $ 714,507
ENVIRONMENTAL IMPACT:

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

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE:

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

PUBLIC NOTIFICATION:

Through the normal agenda process.

Prepared by: Han Sol Yoo, P.E., Civil 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. FY 2023/24 Citywide Alley Resurfacing Contract
B. Sequel Contractors, Inc. Proposal
CA-1

CITY OF STANTON

CONTRACT AGREEMENT
FY 2023/24 CITYWIDE ALLEY RESURFACING PROJECT
THIS CONTRACT AGREEMENT (or “Contract”) is made and entered into for the abovestated project this _________ day of ___________________, 20 , BY AND BETWEEN THE CITY OF STANTON, as City and SEQUEL CONTRACTORS, INC. as CONTRACTOR.

WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

Article I
The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Special Provisions in accordance with the Standard Specifications for Public Works Construction, Faithful Performance Bond, Labor and Material Bond, and all referenced specifications, details, Standard Plans and appendices, including all applicable State and Federal requirements; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively all the foregoing shall be referenced as the “Contract Documents”). All of the provisions of said contract documents are made a part hereof as though fully set forth herein.

Article II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

Article III
CONTRACTOR agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole hereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

Attachment: A
Click here to return to the agenda.

CA-2
Article IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Contract Documents.

The total amount of this contract shall not exceed Six Hundred Thirty-One Thousand Three-Hundred Seventy Dollars ($631,370.00). CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council, or if pursuant to its authority, the City Manager, or his or her designee.

CONTRACTOR shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager or City representative and CONTRACTOR at the time City’s written authorization is given to CONTRACTOR for the performance of said services. The City Manager may approve additional work not to exceed 15% of the contract amount approved by City Council or $30,000 whichever is less. Any additional work in excess of this amount shall be approved by the City Council.

Article V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employee to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.

Article VI
CONTRACTOR agrees to indemnify and hold harmless CITY and all of its officers, officials, consultants, employees, agents, and volunteers from any claims, demands or causes of action, including related expenses, attorney's fees and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder.

Article VII
CONTRACTOR affirms that the signatures, titles, and seals set forth herein in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein.

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

CA-3

CONTRACTOR CITY OF STANTON

Name Date Hannah Shin-Heydorn Date
Title City Manager
ATTEST:

Name Date Patricia Vazquez Date
Title City Clerk
____________________________________ APPROVED AS TO FORM:

Contractor’s License Number and Classification
____________________________________
DIR Registration Number

Best Best & Krieger LLP Date
City Attorney

NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED CA-4
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
FY 2023/24 CITYWIDE ALLEY RESURFACING

PROJECT
CA-5

CITY OF STANTON

FAITHFUL PERFORMANCE BOND
FY 2023/24 CITYWIDE ALLEY RESURFACING PROJECT
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or FY 2023/24 CITYWIDE ALLEY RESURFACING

PROJECT
CA-6
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
FY 2023/24 CITYWIDE ALLEY RESURFACING

PROJECT
CA-7
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

FY 2023/24 CITYWIDE ALLEY RESURFACING

PROJECT
CA-8
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
FY 2023/24 CITYWIDE ALLEY RESURFACING

PROJECT
CA-9

CITY OF STANTON

PAYMENT BOND
FY 2023/24 CITYWIDE ALLEY RESURFACING PROJECT
KNOW ALL MEN BY THESE PRESENTS That
THAT WHEREAS, the City of Stanton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or FY 2023/24 CITYWIDE ALLEY RESURFACING

PROJECT
CA-10
released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

FY 2023/24 CITYWIDE ALLEY RESURFACING

PROJECT
CA-11
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
FY 2023/24 CITYWIDE ALLEY RESURFACING

PROJECT
CA-12

CITY OF STANTON

COMPENSATION INSURANCE CERTIFICATE
FY 2023/24 CITYWIDE ALLEY RESURFACING PROJECT
Pursuant to Section 1861 of the State Labor Code (amended by Stats. 1979, C.373, p. 1343), before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

Before beginning work, the Contractor shall furnish to the City Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

Contractor, prior to commencing work, shall sign and file with the City of Stanton a certification as follows:

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONTRACTOR
By:

Title:

Date:

FY 2023/24 CITYWIDE ALLEY RESURFACING

PROJECT
CA-13
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in the state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
(Amended by Stats, 1978, c. 1379, p. 4571)
Compensation Insurance Certificate
To be submitted with Contract Agreement
Bidder's Name: Sequel Contractors Inc

BID FORMS

BID ACKNOWLEDGEMENT
NAME OF BIDDER: Sequel Contractors Inc
The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract, including all plans, specifications, and all addenda, if any, for the following Project:

FY 2023/24 CITYWIDE ALLEY RESURFACING PROJECT
To the City of Stanton, with its principal place of business at 7800 Katella Avenue, Stanton, CA 90680:

In response to the Notice Inviting Bids dated October 7, 2024 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents, including all plans, specifications, and all addenda, and at the prices stated opposite the respective items set forth in the Bid Schedule.

This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

BIDDER certifies that in all previous contracts or subcontracts, all reports that may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

BIDDER declares that the only persons or parties interested in this Proposal as principals are those named herein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in this Bid; that this Proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this Bid is in all respects fair and without collusion or fraud.

If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) calendar days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

P-1
Attachment: B
Click here to return to the agenda.

Sequel Contractors Inc
Bidder' sName:

A complete bid consists of the following Bid Forms, which have been completed and executed by the undersigned Bidder, are incorporated by this reference and made a part of this Bid:

1. Completed Bid Schedule form.

2. Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

3. Completed Designation of Subcontractors form.

4. Completed Bidder Information and Experience form.

5. Fully executed Non -Collusion Declaration form.

6. Completed Public Works Contractor DIR Registration Certification form.

7. IRAN Contracting Act Certification ( for contracts of $ 1, 000,00 or more)

8. Sufficient Funds Declaration
Bidder certifies that it is now licensed in accordance with the provisions of the Contractor' sLicense Law of the State of California:

License number 610600A
Expiration date 1/ 31/ 26
License classification A
If the Bidder is a
joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addendum No.
1 2
Date Received
10/ 21/4
11/8/ 24
3 11/ 26/4
SIGNATURES NEXT PAGE]
P- 2
Bidder' sName: Sequel Contractors Inc
I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

BIDDER:

Sequel Contra
Company Nam
By
Thomas S. Pack
Bidder' sBusiness Address:
rs Inc 13546 Imperial Highway
Type or print name)
President
Title)
Santa Fe Springs , California
Where signed) (City, State)
Dated: 12/0 , 20 24
State of Incorporation: California
Santa F S. rin. s California 90670
A. Mal4lu,, 5
If the Contractor is a corporation, two signatures of corporate officers are required.) Names and addresses of all partners or joint venturers:

Thomas S. Pack President 13546 Imperial Highway
abel Magallanes, Vice President Santa Fe Springs , California 90670 Michael A. Mahler, Secretary
Statement of the authority of signatory to bind Bidder:

SEE ATTACHED
P- 3
ST. LIC #610600A.
13546 IMPERIAL IiWY..,.

SANTA FIB SPR. INGS,• CA90670:
562) 802- 7227 Office
ACTION B44. UNANIMOUS 'WRITTEN CONSENT OF THE BOARD OF
DIRECTORS OF SEQUEL: CONTRACTORS, INC.

The undersigned being all: o `the Directors of SEQUEL CONTRATORS, INC, aCalifornia Corporation,: do hereby take the following action by this written consent at a meeting of. the Board &fDirectors held: on April 4, 2024 in accordance with the Bylaws of the Corporation and th6' California CorporationCode; r.

WHEREAS, the Board of Directors deems it :advisable to authorize the officers of the Corporation, Abel Magallanes, Thomas S Pack and. Michael A Mahler, respectively, to execute bid bonds on behalf of the Corporation with any agency, person, contpany_ ormupicipality; RESOLVED FURTHER, that Abel Magallanes, Thomas' SPack and Michael A. Mahler are authorized to execute J*aor, .tpaterial, and faithful performance L be. .eriteredAnto
pi n, company or municipality
LVED FURTHft that Abel -Magallanes, Thomas S. Pack and Michael A::. Mahler are authorized said directed to execute and deliver street improvement contracts and related : agreements with any agency, person, company or municipality on suchterms conditions as they deem advisable in their sole discretion; RESOLVED PURTHER, thafAhoi' Magalldnes, ThomasKS Pack and Michael A... Mahler ,be, and they hereby are authorized by their, soksignatittes on any document ti :bind tJiiscorporation to "contract, bids, bonds, etce; RESOLVED FURTHER, that Abel Magallanes, Thomas S Pack and Michael A, Mahler be and the hereby are-: authorized and directed to take any and all such other $ etlons and execute Sucli- other documents as may . be necessary or appropriate to carry out the purposes of the foregoing authorizations In witness thereof, the undersigned :Dtrectors have executed this unanimous written consent to indicate this adoption of the conserit' ofthe foregoing resolution and the action set forth therein.

Dated: April -0414
Bidder' s Name: a? wJ C- r rJ- 0ty
BID SCHEDULE"
FY 2023/4 CITYWIDE ALLEY RESURFACING PROJECT
ITEM
NO.

DESCRIPTION QTY UNIT
QTY
UNIT
PRICE
Numbers)

ITEM COST
Numbers)
1 Mobilization / Demobilization ( Not to Exceed 5%
of Total Bid Amount) 1 LS
s
s24, 900.
od
79i qo0
2 Traffic Control, Safety, and Cleanup 1 LS 17, 20O. T 17, 700. s Zg ooi
3 Corner Records, Construction Staking, and
Monument Perpetuation
1 LS 000 '
4 Storm ( BMPsjyater Best Management Practices
LS 15, 000 " 5/e"° 5, x
5 Adjust Water Valves Can and Lid to Grade 2 EA SO0 - I , OO =' 6 Adjust Sewer Manhole Frame and Cover to
Grade 2 EA zt 500
r
S, 000 "
7 Saw -Cut and Remove Existing PCC Alley
Intersection and Construct New PCC Alley
Intersection per SPPWC Plan Std. No. 130- 3
1, 450 SF improlies

30.' 4 trStS00
9, b oo
8 Saw -Cut and Remove Existing PCC Sidewalk
and Construct New PCC Sidewalk per SPPWC
Std. Plan No. 113- 2and Detail on Sheet 22
480 SF S 20 -
9 Construct Detectable Warning Surface Per
SPPVVC Std. Detail 111- 5
8 EA SQ 1 S b
000
10 Saw -Cut and Remove Existing PCC Curb and
Gutter and Construct New PCC Curb and Gutter
40 LF Imo s, 600 "
11 Cold Mill 1. 5 Inches of Existing AC Pavement,
Crack Seal Existing Pavement
14, 000 SF jQ
21000
12 Cold Mill 2. 5 Inches of Existing Pavement, Crack
Seal Existing Pavement 16, 800 SF So
In —
Zs, Zoo
13 Construct New Variable Depth AC Pavement
Type III C3 -PG 64- 10)
415 TN Z, via
14 Saw -Cut Existing AC Pavement and Construct
Full Depth AC Pavement 5, 300 SF i2 "' I:3, boa ..:-
15 Saw -Cut and Remove 8" of Existing AC
Pavement and Construct New PCC Longitudinal
Gutter Per SPPWC Plan Std. 122- 3
8, 900 SF
fa
1 5 12.,# $ OA
16 Remove Existing Roots and Haul Away 6 EA S 10Ot 0O " s 6, 60o 1- 17 Wasco Road Resurfacing: Saw -cut and remove
6 -inch existing AC pavement, 2 -inch AC grind &
overlay, remove existinc roots, and reconstruct.
1 LS 17; SOO —$ 17, So°
18 Pine Tree Lane/ Pickens Lane Resurfacing: Saw-'
cut and remove 6 -inch existing AC pavement, 2-
inch AC grind & overlay, remove existing roots,
and reconstruct.
1 LS S7 qua 17, 000
Additional details about items of work included in each bid item can be found in Section 7-3. 1 of the Special Provisions.

Paving shall occur within the week of grinding.

Utility Adjustments will be performed per SPPWC standards or coordinating with the respective utility company. If the quantity of utility manhole/ valve adjustments differ onsite from the bid schedule, then the unit pricing shall be used.

P- 4
Bidder' s Name; Sequel Contractors Inc
M1".

Total Bid Schedule in
NUMBERS:
3 1, 3610.-`
Total Bid Schedule in
WORDS:

S t t R A t&r`b '7 .»" 4N e TM uUJ* NO
1M t 4WAIpp. 6120 C evew r4 Dollars
and 2 Epo Cents

THE BASIS FOR AWARD OF CONTRACT SHALL BE THE CONTRACTOR' SBID SCHEDULE, ONLY.

The costs for any work shown or required in the Contract Documents, but not specifically identified as a bid line item are to be included in the related bid line items and no additional compensation shall be due to Contractor for the performance of the work.

All blank spaces appearing above must be filled in. Failure to fill in any blank spaces may render the Bid non -responsive. In case of discrepancy between the Unit Price and Item Cost set forth fora unit basis item, the Unit Price shall prevail and be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the Item Cost column, then the amount set forth in the Item Cost column for the item shall prevail and shall be divided by the estimated quantity for the item we
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the City from measured quantities of work performed based upon the Unit Price.

The undersigned agrees that this Bid Schedule constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the work is fully executed by the City and a third party, whichever is earlier.

If the Contract Documents specify alternate bid items, the City can choose to include any, all, or none of the alternate bid items in the Work. if the City selects any of the alternate bid items, the corresponding alternate bid prices shall be
a,• -
d to or deducted from Base Bid Price for the work. The City can award/ select alternate bid ite any times).

Name of Bidder § iaI Contr , ° c
Signature l: /;}
Name and
Dated ' 12/0/ 24
P- 5
Bidder' sName: Sequel Contractors Inc

DESIGNATION OF SUBCONTRACTORS
The subcontractor listed below will perform work or labor or render service to the successful Bidder in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the successful Bidder, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the total
Contract
bid.

Documents, in an amount in excess of one- half of one percent( 1/2of 1%) of the Bidder' s Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one- half of one percent ( 0.5%) of the Bidder' s Total Bid Price or $ 10, 000, whichever is greater. No additional time shall be granted to provide the below requested information.

In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 ( commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
a) The portion of the work to be done by the subcontractor; b) The name and the location of the place of business;
c) The California contractor license number; and
d) The DIR public works contractor registration number.

If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

Portion of
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
Lo.,, 1
s
1164-a ( t,A i. s'
loom, 1411
FCC VatstiocAlviez
Caac e..
aasa , CA
394471
1 oovet it o
P- 9
Bidder' s Name: Sequel Contractors Inc
Portion of
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

D1R
Registration
Number
GO I , tf lJEx
veM JT
P
Cc` J4,/ e"L. i
MGC` VV I 7 fS
JV; z) r /
j ort. LEI, cA
S673s 2
O0O60
3 303
P- 10
Bidder' sName: Sequel Contractors Inc

BIDDER INFORMATION AND EXPERIENCE FORM

INFORMATION ABOUT BIDDER
Indicate not applicable (" N/ A") where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1. 0 Name of Bidder: Sequel Contractors Inc

2. 0 Type, if Entity: Corporation

3. 0 Bidder Address: 13546 Imperial Highway
Santa Fe Springs , California 90670
562) 802- 7227
Facsimile Number Telephone Number
Email
Mike@sequelcontractors. com
Address
562) 802- 7227

4. 0 How many years has Bidder' s
organization been in business as a Contractor?
33 5. 0 How many years has Bidder' s organization been in business under its present name? 33

5. 1 Under what other or former names has Bidder' s
organization
operated? n/ a

6. 0 If Bidder' s organization is a corporation, answer the following:

6. 1 Date of Incorporation: 1/ 31/ 91

6. 2 State of Incorporation:

6. 3 Presidents Name:

6. 4 Vice -President' sName( s):

6. 5 Secretary' s
Name:

6. Treasurer' sName:

California
Thomas S. Pack
Abel Magallanes
Michael A. Mahler
Thomas S. Pack
P- El
Bidder' s Name: Sequel Contractors Inc

7. 0 If an individual or a partnership, answer the following:

7. 1 Date of Organization: nla

7. 2 Name and address of all partners ( state whether general or limited partnership):
n/ a

8. 0 If other than a corporation or partnership, describe organization and name principals:
n/ a

9. 0 List other states in which Bidder' s
organization is legally qualified to do business.

California

10. 0 What type of work does the Bidder normally perform with its own forces? Asphalt and Concrete Improvements

11. 0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

12. 0 Within the last five years, has any officer or partner of Bidder' s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

13. 0 List Trade References:
610600A
P- 12
Bidder' sName: Sequel Contractors Inc

14. 0 List Bank References ( Bank and Branch Address):

Citizens Business Bank
2650 Imperial Highway, Brea CA 92821

15. 0 Name of Bonding Company and Name and Address of Agent:

Rapp Surety and Insurance Services, Inc.
120 Vantis Dr. #300, Aliso Viejo, CA 92656
Doug Rapp
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
P- 13
Bidder' s Name: Sequel Contractors Inc

LIST OF CURRENT PROJECTS ( BACKLOG)
Duplicate Page if needed for listing additional current projects.**] Project Client Description of
Reference Bidder' sWork
agency
name/ contact
info)
Completion Date Cost of Bidder' s
Work

SE E AT -TAG ED
P- 14
Backlog
Owner Project Type of Work
Completion
date
Value of work left
to complete
City of South
Gate
Tweedy Lane
Ashpalt and Concrete
Improvements
1/ 31/ 2025 1, 500, 000
City of
Placentia
Citywide Overlay
Ashpalt and Concrete
Improvements
4/ 1/ 2025 1, 700, 000
City of
Manhattan
Beach
Citywide
Resurfacing Ashpalt and Concrete
Improvements
4/ 1/ 2025 2, 000,00
City of
Downey
Firestone Blvd
Ashpalt and Concrete
Improvements
5/ 1/ 2025 4, 000,00. 0
City of
Riverside
Local Stree
Improvements Ashpalt and Concrete
Improvements
4/ 1/ 2025 3, 000,00
City of
Montclair
Citywide Alleyway
Rehab Ashpalt and Concrete
Improvements
2/ 1/025 1, 000,00. 0
Bidder' s Name: Sequel Contractors Inc

LIST OF COMPLETED PROJECTS - LAST THREE YEARS
Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder' sability to perform the required Work.

Project Client
Reference
agency
name/ contact
info)
Description of
Bidder' sWork
Completion Date Cost of Bidder' s
Work

SEE ATTACHED
P -1S
SEQUEL CONTRACTORS, INC.

Fax (562) 802- 7499

1. OWNER:

ADDRESS:

PHONE NO.:

CONTACT:

PROJECT:

PROJECT AMOUNT:

COMPLETION DATE

2. OWNER:

ADDRESS:

PHONE NO,:

CONTACT:

PROJECT:

ST. LIC #610600A
13546 IMPERIAL HWY
SANTA FE SPRINGS, CA 90670
562) 802- 7227 Office

STATEMENT OF EXPERIENCE

CITY OF DOWNEY
11111 BROOKSHIRE AVE.

DOWNEY, CA 90241
562) 904- 7710

DESI GUTIERREZ

RESIDENTIAL STREET PAVEMENT REHAB
2, 897, 00.0
JULY 2023

CITY OF BELLFOWER
16600 CIVIC CENTER DR.

BELLFLOWER, CA 90706
562) 755-158

FRANK PRECIADO
BELLFLOWER BLVD. STREET IMPROVEMENTS
PROJECT AMOUNT: $ 1, 717, 236. 00
COMPLETION DATE OCTOBER 2023

3. OWNER:

ADDRESS:

PHONE NO.:

CONTACT:

PROJECT:

CITY OF SOUTH GATE
8650 CALIFORNIA AVENUE
SOUTH GATE, CA 90280
323) 562- 9574

KEN TUONG

RESIDENTIAL STREET REHAB PHASE I -III
PROJECT AMOUNT: $ 7, 450, 000
COMPLETION DATE JANUARY 2024

4. OWNER:

ADDRESS:

PHONE NO.:

CONTACT:

PROJECT:

PROJECT AMOUNT:

COMPLETION DATE

5. OWNER:

ADDRESS:

PHONE NO.:

CONTACT:

PROJECT:

PROJECT AMOUNT:

COMPLETION DATE

CITY OF GARDENA
1700 W. 162ND ST.

GARDENA, CA 90247
310) 217. 9528

FRANK SANCHEZ
BUDLONG AVE. STREET IMPROVEMENTS
1, 597, 200. 0
OCTOBER 2023

CITY OF LYNWOOD
11330 BULLIS RD.

LYNWOOD, CA 90262
310) 603. 0220

MIR FATTAHI
CIP PRIORITY 2 STREET IMPROVEMENTS
1,48, 000.

MAY 2023
SEQUEL CONTRACTORS, INC.

Fax ( 562) 802- 7499

6. OWNER:

ADDRESS:

PHONE NO.:

CONTACT:

PROJECT:

PROJECT AMOUNT:

COMPLETION DATE

7. OWNER:

ADDRESS:

PHONE NO.:

CONTACT:

PROJECT:

PROJECT AMOUNT:

COMPLETION DATE

8. OWNER:

ADDRESS:

PHONE NO.:

CONTACT:

PROJECT:

PROJECT AMOUNT:

COMPLETION DATE

9. OWNER:

ADDRESS:

PHONE NO.:

CONTACT:

PROJECT:

PROJECT AMOUNT:

COMPLETION DATE
10, OWNER:

ADDRESS:

PHONE NO.:

CONTACT:

PROJECT:

PROJECT AMOUNT:

COMPLETION DATE:

ST. LIC #610600A
13546 IMPERIAL HWY
SANTA FE SPRINGS, CA 90670
562) 802- 7227 Office

STATEMENT OF EXPERIENCE

CITY OF POMONA
505 GAREY AVE
POMONA, CA 91766
909) 532-061

MICHAEL LEE

JAMES PLACE ALLEY IMPROVEMENTS
578, 97. 00
JUNE 2022

CITY OF CHINO
13200 CENTRAL AVE
CHINO, CA 91710
909) 334-250

MARIA FRASER

PIPELINE AVE IMPROVEMENT PROJECT
3, 291,50. 0
MARCH 2022

CITY OF INDUSTRY
15625 MAYOR DAVE WAY
INDUSTRY, CA 91744
626) 956- 8034

JERRY PEREZ

ROLAND STREET IMPROVEMENT PROJECT
2, 789, 000.

DECEMBER 2023

CITY OF SAN DIMAS
245 BONITA AVE.

SAN DIMAS, CA 91773
909) 477- 9137

BRANDON SLATER

EATON ROAD IMPROVEMENTS
784, 477, 00
MAY 2023

CITY OF WESTMINSTER
8200 WESTMINSTER BLVD.

WESTMINSTER, CA 92683
714) 548- 3492

CINDY HUYNH

WYOMING ST AND ALLEY IMPROVEMENTS
595, 466. 00
FEBRUARY 2023
Bidder' sName: Sequel Contractors Inc

EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person' sjob title, name and percent of time to be allocated to this project:

Foreman TBD 100 Percent
Project Manager TBD 50 percent
David montez, Superintendent
25 Percent

2. Summarize each person' sspecialized education:

Combined 50 Years experinece in Public Works Road Construction.

3. List each person' syears of construction experience relevant to the project:

Combined 50 Years experinece in Public Works Road Construction.

4. Summarize such experience:

Asphalt Paving, Cement Treat, Grading, Excavation, Traffic Control, General Road Construction
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

Additional Bidder' sStatements:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
n/ a
P16
Bidder' s Name: Sequel Contractors Inc

NON -COLLUSION DECLARATION
The undersigned declares:

I am the President of Sequel Contractors Inc , the party making the foregoing Bid.

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

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 11/ 6/ 24 [ date], at Santa Fe Springs [ city], California [ state].

Name of
Signa
Nam0 Thoma. S. Pack
Title President
P- 17
Bidder' s Name: Sequel Contractors Inc

PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725. 5and 1771., all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http:// www. dir. ca. gov/ Public- Works/ PublicWorks. html for additional information.

No Bid will be accepted nor any contract entered into without proof of the contractor' sand subcontractors' current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725. 5and 1771. and is currently registered as a contractor with the Department of Industrial Relations. 1 Name of Bidder Sequel Contractors Inc
DIR Registration Number: 1000003521
DIR Registration Expiration:
6/ 30/ 25
Small Project Exemption: Yes or
X No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the Project.

2. Bidder shall include the requirements of Labor Code sections 1725. 5and 1771. in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the Project.

3. Failure to submit this orm or comply with any of the above requirements may result in a finding that the Bid is non- re-.-. nsive.

Name of Bidder Sequel . tracto
Signature
Name and Ti
Dated
12/0/ 24
If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725. 5and 1771., please mark "Yes" in response to " Small Project Exemption." P- 18
Bidder' sName:

CITY OF STANTON

IRAN CONTRACTING ACT CERTIFICATION
Public Contract Code Sections 2202-208)
FY 2023/4 CITYWIDE ALLEY RESURFACING PROJECT
To be executed by bidder and submitted with its bid)
As required by Public Contract Code (" PCC") Section 2204 for contracts of $ 1, 000,00 or more, please insert Bidder' s or financial institution' s name and Federal ID Number ( if available) and complete one of the options below. Please note that California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $ 250, 00 or twice the amount of the contract for which the false certification was made; contract termination; and three- year ineligibility to bid on contracts. (PCC Section 2205.) OPTION # 1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the bidder/ financial institution identified below, and the bidder/ financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by California Department of General Services (" DGS") and is not a financial institution extending Twenty Million Dollars ($ 20, 000,00) or more in credit to another person/ bidder, for 45 days or more, if that other person/ bidder will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. [ PCC Section 2204( a).]
Bidder Name/ Financial Ins
Sequel . i
ri( Printed) j
tors n- //
Federal ID Number ( or N/ A)
95- 4301424
By (Author/ z:; gn•
Printed am-. :. Title o ":

Tho as S. `:
s./ Ig '
resident
Date Executed
10/2/ 24
Executed in
Santa Fe Springs , California
OPTION # 2 — EXEMPTION
Pursuant to Public Contract Code Sections 2203( c) and ( d), a public entity may permit a bidder/ financial institution engaged in investment activities in Iran, on a case -by -case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Bidder Name/ Financial Institution ( Printed)
By (Authorized Signature)
Federal ID Number ( or N/ A)
Printed Name and Title of Person Signing Date Executed
P- 19
Bidder' s Name: Sequel Contractors Inc

CITY OF STANTON

SUFFICIENT FUNDS DECLARATION
Labor Code Section 2810)
FY 2023/4 CITYWIDE ALLEY RESURFACING PROJECT
To be executed by bidder and submitted with its bid)
Owner:

Contract:

City Manton / FY 2 / 24 Citywide Resurfacing Project Z4 y 1 Project Thomas S. Pack declare that I am the president
insert title] of
c
Seeuel Contractors Inc [ the entity], the entity making and submitting the bid for the above
e
Contract accompaniesies this Declaration, and that such bid includes sufficient funds to permit J [ the entity] to comply with all local, State or Federal labor laws or regulations during performance of the Contract, including payment of prevailing wage, and that Segiie Contractors Inc the entity] will comply with the provisions of Labor Code Section 2810( d) if awarded the Contract.

I declare under penalty of perjury under the laws of the State of California that th and executed on Decmeber ' 0th 20 24 at Santa Fe S' rin Date: 12/0/ 24
Sig
Pr
Print Title: President
nd correct
State].

P- 20
Bidders Name: Sequel Contractors Inc

BID GUARANTEE

BID BOND
Note: Not required when other form of Bidder' sSecurity, e.g. cash, certified check or cashier' s check, accompanies Bid.]
The makers of this bond are, sequel Contractors, Inc. , as Principal, and Merchants Bonding Company ( Mutual) as Surety and are held and firmly bound unto the City of Stanton, hereinafter called the City, in the penal sum of TEN PERCENT ( t0%) OF THE T©AI.. BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated November 6 , 20 24 , for FY 2023/4 CITYWIDE ALLEY RESURFACING PROJECT.

If the Principal does not withdraw its Bid within the time specified in the Contract; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract; then this obligation shall be null and void, Otherwise, this bond will remain in full force and effect.

Surety; for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses.

IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 17th day of October , 20 24 , the name and corporate seal of each corporation.

Corporate Seal)
Corporate Seal)
Attach Attorney -in -Fact Certificate)
Se. uel Contractors
Contra
By
tle
Merchants Bonding Company ( Mutual)
Surety
By
Attorney - in -It Douglas A.Rapp
Title Attorney in Fact
P- 6
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los kills
On 101172y
Date
personally appeared
before me,
Daniel Bustarnante, Notary Public
Here Insert Name and Title of the Officer
11INKtc S. 941,, 4, t5, 144. 9.---
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person4 whose name( is/ re subscribed to the within instrument and acknowledged to me that he/ 4.e/ tom executed the same in his/ laerft r authorized capacity(', and that by his/ t4er/ t4eirsignature4e) on the instrument the person(, s}, or the entity upon behalf of which the person(} acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signature of Notary Public

4.66464664464466466644464444644444664@6•: 540
o
2 afra
My Comm rxpires MARCH 1, 2025
4666644446666664444466646446444644664446444

DANIEL BUSTAMANTE
COMM. W2349314
NOTARY PUBLIC - CALIFORNIA p

LOS ANGELES COON - Y
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' sName:

G Corporate Officer — Title( s):

O Partner — U Limited General
CI Individual Attorney in Fact
Trustee
Other:

Signer Is Representing:

Guardian or Conservator
Signer' s
Name:

Corporate Officer — Title( s):

Partner — Limited General
Individual E Attorney in Fact
Trustee G Guardian or Conservator
Other:

Signer Is Representing:
2016 National Notary Association • www. NationalNotary. org • 1 - 800 - US NOTARY ( 1- 800-76- 6827) Item # 5907

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange
On October 17, 2024 before me, Debra Swanson, Notary Public insert name and title of the officer)
personally appeared Douglas A. Rapp
who proved to me on the basis of satisfactory evidence to be the person() whose name() is/ ere subscribed to the within instrument and acknowledged to me that heiotw' t +ey executed the same in hisfhe, 4F. e* authorized capacity( rse), and that by hisitlenillyeir signature() on the instrument the person( a), or the entity upon behalf of which the person(*) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature N 4.),)- C3-, Nvyry\ (Sea!)
DEBRA SWANS0N -+ 1
COMM. # 2335630
NOTARY PUBLIC. CALIFORNIA

ORANGE COUNTY
gcnt.... 0
MY C0MM, EXP, N0V 10, 2024

BONDING
MERCHAN r""
COMPANY,.

POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY ( MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/ b/ a Merchants National Indemnity Company ( in California only) (herein collectively called the Companies") do hereby make, constitute and appoint, individually, Douglas A Rapp; Timothy D Rapp
their true and lawful Attomey( s)- In- Fact, to sign Its name as surety( les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law.

This Power- of- Attomey is granted and is signed and sealed by facsimile under and by authority of the following By- laws adopted by the Board of Directors of Merchants Bonding Company ( Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015.

The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys - in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." in connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact Includes any and all consents for the release of retained percentages and/ or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/ or Its assignee, shall not relieve this surety company of any of its obligations under its bond.

In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty ( 30) days prior to the modification or revocation.

In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February 2024 • v'• 2003 ; Q4);
STATE OF IOWA '• ,-•••
Ilillr'`*• 1 ••••• sN••+
COUNTY OF DALLAS ss.

On this 3rd day of February 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY ( MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. y • RP Rq • y
t,Z:
a\ t%G Co •.
s•
h:' - p- Q
1933 : g: By

MERCHANTS BONDING COMPANY ( MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
d/ b/ a MERCHANTS NATIONAL INDEMNITY COMPANY
RtAt
o
z « A
L.^ m••
IOWA
Penni Miller
Commission Number 787952
My Commission Expires
January 20, 2027
Expiration of notary' scommission does riot Invalidate this instrument) I, William Wamer, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still In full force and effect and has not been amended or revoked.

In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 17th clay of October , 2024 . 2003 4Fs;
t6 . .'•
moo\ tPt eo
tir= -o_
o• 1933 : •• Secretary
POA OO18 ( 1/ 24)
Public Works'
and Engineering
TO: All Contractors
FROM: Han Sol Yoo, Civil Engineer
DATE: November 26, 2024
SUBJECT: ADDENDUM NO. 3 to the FY 2023/4 Citywide Alley Resurfacing Project This Addendum No. 3 is being issued for the FY 2023-4 Citywide Alley Resurfacing Project.

The Bid Opening Date and Time for the FY 2023/4 Citywide Alley Resurfacing Project is:

Tuesday, December 10, 2024 at 10 A. M. at
Stanton City HaII
The intent of this Addendum No. 3 is to include the following revisions. additions, and/ or deletions shall hereby be made a part of the RFP documents.

Proposal Documents:

Replace the Proposal pages with the revised pages attached. (Attachment A) pecial Provisions:

Replace the Special Provision pages with the revised pages attached. (Attachment B) Construction Plans:

The revised Construction Plans are attached ( Attachment C). See attachments for Wasco Road and Pine Tree Ln/ Pickens Ln Resurfacing attached to plans.

The construction work for this Project shall be in conformance with the revised construction plans and special provisions attached.

The revised Proposal Documents must be submitted by the Contractor. Failure to submit the revised Proposal Documents will result in the bid being rejected.

For any further information or clarification needed, please contact Han Sol Yoo via email at HYoonStantonCA. gov.
and
Public
Engineering
Works' O
TO: All Contractors
FROM: Han Sol Yoo, Civil Engineer
DATE: November 18, 2024
SUBJECT: ADDENDUM NO. 2 to the FY 2023/4 Citywide Alley Resurfacing Project This Addendum No. 2 is being issued for the FY 2023-4 Citywide Alley Resurfacing Project.

The intent of this Addendum No. 2 is to include the following revisions. additions, and/ or deletions shall hereby be made a part of the RFP documents.

The Bid Opening Date and Time for the FY 2023/4 Citywide Alley Resurfacing Project has been postponed. The new Bid Opening Date and Time are:

Tuesday, December 10, 2024 at 10 A. M. at
Stanton City HaII
For any further information or clarification needed, please contact Han Sol Yoo via email at HYoonStantonCA. gov.

Confirmation of receipt of all addenda is part of the Bid Documents. Failure to acknowledge receipt of all addenda may cause a bid to be deemed non -responsive.

By:

Han Sol Yoo
Civil Engineer
Public Works)
and Engineering
TO: All Contractors
FROM: Han SoI Yoo, Civil Engineer
DATE: October 21, 2024
SUBJECT: ADDENDUM NO. 1to the FY 2023/4 Citywide Alley Resurfacing Project This Addendum No. 1 is being issued for the FY 2023/4 Citywide Alley Resurfacing Project.

The intent of this Addendum No. 1 is to include the following revisions. additions, and/ or deletions shall hereby be made a part of the RFP documents.

The Bid Opening Date and Time for the FY 2023/4 Citywide Alley Resurfacing Project has been postponed. The new Bid Opening Date and Time are:

WEDNESDAY, NOVEMBER 20, 2024 at 10
A. M. at Stanton City HaII
For any further information or clarification needed, please contact Han Sol Yoo via email at HYoo( StantonCA. gv.

Confirmation of receipt of all addenda is part of the Bid Documents. Failure to acknowledge receipt of all addenda may cause a bid to be deemed non -responsive.

By:

Han SoI Yoo
Civil Engineer
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 28, 2025
SUBJECT: AUTHORITY TO ADVERTISE FOR CONSTRUCTION OF CITYWIDE SIGN REPLACEMENT PROJECT (PHASE 1)
REPORT IN BRIEF:

The plans, specifications, and necessary documents for the Citywide Sign Replacement Project (Phase 1) are complete. The City Engineer is recommending City Council approve the specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner. The Project plans and specifications are available in the City Engineer’s Office for review.

RECOMMENDED ACTION:

1. City Council find that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures and facilities; and

2. Approve the bid specifications and plans, subject to revisions required by the City Engineer and the City Attorney; and

3. Authorize and advertise for bids the Citywide Sign Replacement Project (Phase 1).

BACKGROUND:

The new street name signs will replace current damaged street name signs on principal and collector streets, and signalized intersections. The new guide signs will replace outdated City signs to provide directions for residents and passing drivers throughout the City. The new signs will incorporate the most current components of the City’s recent branding efforts.

Item: 9G
Click here to return to the agenda.
2 ANALYSIS/JUSTIFICATION:

The plans, specifications, and necessary documents for the Citywide Sign Replacement Project (Phase 1) are complete. The engineer’s cost estimate for this project is approximately $95,000. The City Engineer is recommending Council approve the specifications and plans for bidding, subject to revisions by the City Engineer and the City Attorney, to ensure a construction contract is awarded in an efficient and timely manner.

The Project plans and specifications are available in the City Engineer’s Office for review.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

This project is exempt under the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures an facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVES ADDRESSED:

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

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

PUBLIC NOTIFICATION:

Through the normal agenda process.

Prepared by: Elias Garcia, P.E., T.E., Assistant City Engineer Reviewed by: Cesar Rangel, P.E., Director of Public Works/City Engineer 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: January 28, 2025
SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT TO NOBEL SYSTEMS, INC. FOR GIS SERVICES
REPORT IN BRIEF:

The City requires the services of a qualified consultant to provide a Geographic Information System (GIS), which is a vital information tool for effectively conducting City duties and supporting decision making. Pursuant to the Purchasing Policy, staff is requesting an exception to the standard procurement procedures through the use of Cooperative Purchasing and is recommending award of a Professional Services Agreement to Nobel Systems, Inc. for a term of three years.

RECOMMENDED ACTION:

2. Authorize staff to exercise an exception to the standard procurement procedures through the use of Cooperative Purchasing; and

3. Award a Professional Services Agreement to Nobel Systems, Inc. to provide GIS services for a term of three years in an amount not-to-exceed $43,350 or $14,450 annually; and

4. Authorize the City Manager to bind the City of Stanton and Nobel Systems, Inc. in an Agreement to provide the services.

BACKGROUND:

GIS is a technology that allows for the collection, analysis, and visualization of geographic and spatial data. It integrates various types of data and information to manage workflow and offers a geo-enabled view of widely dispersed enterprises.

Item: 9H
Click here to return to the agenda.
2 The City has utilized GIS across multiple City departments providing various geographic maps and information related to property data, property lines, planning, utilities, streets, transportation, and more. In addition, GIS is used to inform the public and residents by providing maps that show trash pickup schedules, street sweeping schedules, City Council districts, zoning, and more. GIS is used daily as a vital information tool for effectively conducting City duties and supporting decision making.

ANALYSIS/JUSTIFICATION:

The City requires the services of a qualified consultant to provide GIS services. Nobel Systems, Inc. was awarded a one (1) year contract on June 5, 2019 to provide GIS services for the City through the GeoViewer program. The Agreement term expired as of June 30, 2020. Subsequently, the City entered into a new agreement with Nobel Systems, Inc. for an additional term of three years.

The City’s Purchasing and Contracting Guidelines allow for exceptions to the standard procurement procedures when utilizing cooperative purchasing. The existing public Agreement that staff is “piggybacking” off of is between the City of Upland and Nobel Systems, Inc. The City of Upland awarded an Agreement for Nobel Systems to provide GIS Services during the January 22, 2024 City Council meeting following competitive solicitation of services. Staff reviewed the Agreement and found it be in conformance with the requirements set forth in the City’s Purchasing Policy for Cooperative Purchasing as:

1. The Agreement term between the City of Upland and Nobel Systems, Inc. is from January 22, 2024 to June 30, 2026.

2. The source Agreement does not preclude the City from using it as an agreement for cooperative purchasing.

3. The awarding jurisdiction, City of Upland, is a city within the State of California.

4. The prospective vendor, Nobel Systems, Inc., is the same vendor that was awarded the source Agreement.

5. The scope of work in the source Agreement is the same/substantially similar to the scope of work requested by the City.

6. The Professional Services Agreement has the same terms and conditions (or terms more favorable to the City than) those in the initial Agreement.

As such, the City does not need to release its own Request for Proposals (RFP) or bid documents and may use the City of Upland’s vetted vendors for this service purchase.

As such, staff is recommending award of Agreement to Nobel Systems, Inc.

Nobel Systems, Inc. is providing the same GIS services to various municipalities such as the Cities of Laguna Hills, Garden Grove, El Monte, La Verne, Glendora, Mission Viejo, and Hesperia.
3 FISCAL IMPACT:

In the Fiscal Year 2024-25 Operating Budget, sufficient funds are available for GIS services in Account No. 101-3100-608110.

ENVIRONMENTAL IMPACT:

This action requested in this report is not categorized as a project (has no potential for resulting in either a direct physical change in the environmental or a reasonably foreseeable indirect physical change in the environment), and therefore, categorically exempt under the California Environmental Quality Act.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVES:

Obj. No. 3: Provide a quality infrastructure.

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

PUBLIC NOTIFICATION:

Notifications were performed through the normal agenda process.

A. Professional Services Agreement
B. Nobel System, Inc.’s Agreement with the City of Upland 55414.00000\32996936.2
- 1 -
55414.00000\32996936.2

CITY OF STANTON

PROFESSIONAL SERVICES AGREEMENT
FOR

GIS SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this day of , 20___, by and between the City of Stanton, a municipal organization organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 (“City”) and Nobel Systems, a Corporation, with its principal place of business at 1030 Nevada St, Ste 202, Redlands, California 92374 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional GIS consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional GIS consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the GIS project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional GIS consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from February 1, 2025, to January 31, 2028, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

Attachment: A
Click here to return to the agenda.
55414.00000\32996936.2
- 2 -
55414.00000\32996936.2

3.2.1 Independent Contractors, Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision.

Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

The key personnel for performance of this Agreement are as follows: Michael Samuel.

3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Public Works Director, or his or her designee, as the City’s contact for the implementation of the Services hereunder.

Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
55414.00000\32996936.2
- 3 -
55414.00000\32996936.2

3.2.6 Consultant’s Representative. Consultant hereby designates Balaji Kadaba, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to 55414.00000\32996936.2
- 4 -
55414.00000\32996936.2
commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
55414.00000\32996936.2
- 5 -
55414.00000\32996936.2

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
55414.00000\32996936.2
- 6 -
55414.00000\32996936.2

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
55414.00000\32996936.2
- 7 -
55414.00000\32996936.2

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed FORTY-THREE THOUSAND THREE HUNDRED FIFTY DOLLARS ($43,350.00) (“Total Compensation”) for the entire term of the contract, and shall not exceed FOURTEEN THOUSAND FOUR HUNDED FIFTY DOLLARS ($14,450.00) annually, without written approval of City’s Public Works Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation.

Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall 55414.00000\32996936.2
- 8 -
55414.00000\32996936.2
provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, agents and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant:
55414.00000\32996936.2
- 9 -
55414.00000\32996936.2
Nobel Systems, Inc.
1030 Nevada St, Ste 202
Redlands, CA 92374
Attn: Balaji Kadaba
City:

City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: Cesar Rangel, Public Works Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
55414.00000\32996936.2
- 10 -
55414.00000\32996936.2

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.6 Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
55414.00000\32996936.2
- 11 -
55414.00000\32996936.2
The obligation to indemnify, as provided herein, shall survive the termination or expiration of this Agreement.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

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

3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
55414.00000\32996936.2
- 12 -
55414.00000\32996936.2

3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.15 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.16 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

3.20 Subcontracting.

3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written 55414.00000\32996936.2
- 13 -
55414.00000\32996936.2
approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
55414.00000\32996936.2
- 14 -
55414.00000\32996936.2
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 202_.

CITY OF STANTON NOBEL SYSTEMS, INC.

By:

Hannah Shin-Heydorn
City Manager
By:

Name:

Title:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary,

AND CORPORATE SEAL OF
CONSULTANT REQUIRED]
ATTEST:

By:

Patricia Vazquez
City Clerk
By:

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
55414.00000\32996936.2
A-1
EXHIBIT “A”

SCOPE OF SERVICES
Prepared by:

PROPOSAL FOR SERVICES:

ENTERPRISE CLOUD GEOGRAPHIC

INFORMATION SYSTEMS SERVICES
Your Premier GIS Cloud Provider
Nobel Systems Inc.
1030 Nevada St, Ste 202
Redlands, CA 92374
Date: December 4, 2024
Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 1 Elias Garcia, P.E., T.E.

Assistant City Engineer
7800 Katella Avenue
Stanton, CA 90680
Re: PROPOSAL FOR ENTERPRISE GEOGRAPHIC INFORMATION SYSTEM (GIS) HOSTING

SERVICES
Dear Mr. Garcia,
Nobel Systems is pleased to submit this proposal for our GeoViewer Online Hosting solution to the City of Stanton (“City”). This proposal encompasses Nobel’s applications, services, and pricing information for our cost-effective Cloud Computing solution.

With over 20 years of Geographic Information Systems (GIS) implementation and development experience, Nobel has successfully enabled more than 100 organizations (public/private) with smarter technology that delivers optimal efficiency and effectiveness.

While Nobel Systems is a premier leader in Cloud Mapping and Data Conversion, we maintain a balance of using existing and new technologies to ensure the highest level of customer service and costs effectiveness to meet our clients’ critical objectives. The core solutions described in Nobel Systems’ proposal, is based on proven methods successfully implemented at other Municipalities and Utility agencies across the globe.

Should you have any questions concerning this proposal, please feel free to contact me directly by phone (909 -891- 0896), fax (909 -890-5912) or e-mail ([email protected]) Sincerely,
Balaji Kadaba
Vice President, Operations
Nobel Systems, Inc.

Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 2

TABLE OF CONTENTS

1. Firm’s Qualification..............................................................................................................................- 3 -

2. Statement of Work ..............................................................................................................................- 5 -

3. GeoViewer Online................................................................................................................................- 6 -

4. Costs..................................................................................................................................................- 11 - Hosting Agreement...................................................................................................................................- 12 - Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 3

1. FIRM’S QUALIFICATION
NOBEL SYSTEMS INC.

Nobel is among the largest Geographic Information System (GIS) firm that has GIS and GIS hosting services as its sole focus. Our revenues have shown impressive, yet stable growth over time and honored by INC Magazine as one of the Top 100 Fastest Growing Inner SBMWD Companies in 2003 and in 2006.

Nobel is an industry leader in all aspects of GIS, comprised of over 70 information technology professionals with backgrounds that include Civil Engineering, Public Works Management, Utility Engineering & Design, Information Technology, and GIS. Nobel provides a portfolio of GIS services – from data conversion and custom application development to consulting and Software as a Service (SaaS) solutions. Nobel's clientele ranges from cities, counties and quasi government agencies to private utilities and engineering companies.

Nobel is exceptionally skilled in the development, maintenance, and integration of GIS databases. We have successfully built GIS applications that span entire organizations, bringing disparate sets of data from legacy applications into the GIS platform in a seamless manner.

The financial stability of Nobel can best be characterized by our Dun and Bradstreet report from 2005 that placed Nobel in the lowest risk category possible in the Financial Stress and Credit categories.

Nobel’s Mission is to develop enterprise GIS programs that meet the following:
• Aligned with Enterprise Priorities
• Comprehensive, Accurate, and Timely Data Management
• Accessible to all user levels
• Relevant to Operational Workflow
• Integrated with Enterprise Systems and Data
• Demonstrates Return on Investment
• Sustainability

Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 4

CONTACT DETAILS
Nobel Systems’ is headquartered in Redlands, CA, which is where staffing for this project is located. Nobel employs experienced geospatial professionals in San Bernardino, specializing in Enterprise GIS Integration, Software Development, GIS Administration and GIS Cloud Solutions.

Location & Address: Nobel Systems, Inc.
1030 Nevada St, Ste 202
Redlands, CA 92374
Telephone Number: (909) 891-0896
Web Address: www.nobel-systems.com
Authorized Personnel: Michael Samuel
President
(909) 708-4029
Key Contact Person: Balaji Kadaba
Role: Vice President, Operations
Contact Information: (909) 891-0896
[email protected]
Certifications: Small Business Enterprise
Form of Business: ‘S’ Corporation, Private
Business Hours: Monday – Friday 7:00am – 6:00pm (PST)
After Hours: Hours before or after normal business hours Clientele: Nobel's clientele ranges from cities, counties and quasi government agencies to public utilities and private companies across the globe.

Primary Markets: Local and State Government, Public Utilities, Engineering, Private Organizations.

International Clientele: Netherlands, Philippines, and India.

Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 5

2. STATEMENT OF WORK
The proposed Statement of Work has been developed based on Nobel’s current understanding of the City’srequirements, expectations, existing GIS software, departmental information and current Geographic Information Systems (GIS) capabilities.

Product Solution:

GeoViewer Online Enterprise Cloud Solution
Nobel will provide enterprise level access to the City with individual secure user ID’s to manage and distribute to department employees for accessing the GeoViewer Online service. Based upon user ID and associated Groups the endusers will have access to departmental spatial datasets, Google imagery, Google street view and other local government geospatial data through a user-friendly interface. Each user will have unlimited use of GeoViewer Online for as long as the contract remains in force.

With GeoViewer Online, you can:

1. Engage with citizens to enable meaningful dialog regarding critical information specific to their property

2. Increase efficiency and streamline workflow process in the office and in the field

3. Enhance data usability, accessibility, and communication throughout the organization

4. Visualize, analyze, map, and interpret data to understand relationships, for better decision-making Setup
The essence of any enterprise GIS system is high-quality data, technical support and a solid, yet flexible platform. Over the past twenty years, Nobel Systems has developed proven data capture, and quality control processes to ensure the highest level of accuracy possible.

Tasks:

1. Integrate existing GIS spatial layers into the GeoViewer platform

2. Setup user accounts, perform system testing, and schedule user training Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 6

3. GEOVIEWER ONLINE
A top objective of the City is to provide Geographical Information System (GIS) data to the casual user. Making GIS data available to casual users is very important. In many organizations the "non-GIS people" and/or novice computer users are the people who find the data to be most useful in carrying out their duties. Providing easy access to this information only improves the usefulness of the data and can save time and money for many types of organizations. `The GeoViewer approach to this objective is quite simple. We offer an easy-to-use, intuitive interface to Geographic Information Systems that provides the casual user with the ability to access the information they need with little or no formal training.

The main objectives of the system include,
• Ability for non-GIS staff to use the system effectively with less than four hours of training. • Provide access to interactive water atlas maps from staff desktops through web browser. • Locate and view an area of interest anywhere within the service area. • Provide secured access to only authorized users.
• Map updates are seamlessly delivered to system users without any lag time. • Provide an extensible system that can be enhanced to provide broader functionality and adapt to future software and functionality enhancements.
• Enable direct integration with geographic data repositories, asset management information, linked image libraries, and other information associated with water system infrastructures.

The GeoViewer was designed with the following assumptions in mind:
• Casual GIS users want fast, easy access to relevant information. • Casual GIS users don't have the time or desire to learn about topology, Shapefiles, ARC/INFO, theories of GIS, etc. • Casual GIS users don't want to have to add themes, assign colors, change theme properties, etc.

Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 7 • Casual GIS users don't want to be bothered with the task of doing map composition. They would much rather has the ability to print their maps with a standardized template. • Casual GIS users don't typically need to make large maps themselves and are perfectly happy printing an 8 1/2 by 11 map on a laser or ink jet printer. For the more advanced users, GeoViewer Online Supports multiple paper sizes that is only restriction is the clients printing device.
• Casual GIS users needs are simple -- They need GeoViewer • The GeoViewer is a robust and easy to use Enterprise Geographic Information Interface. The GeoViewer is extremely flexible and can be tailored to any dataset.

We at Nobel Systems strongly believe that the functionality provided by GeoViewer will satisfy the needs of the City. The list of features provided by GeoViewer includes but not limited to:

Standard GeoViewer Features:
• Standard map navigation including pan, zoom in and zoom out, full extent • Layer Display
• Creation of Spatial Bookmark
• Google Street View
• Vicinity map that can be used to set the extent of main map, pan the main map, and display the current extent of the main map.
• Property Search. Search by parcel number, situs address, or owner name. • Supports ESRI Shapefiles, Coverages, Geodatabases, and CAD Drawings • Also supports a wide variety of images including MrSid. • Intuitive Select Toolbar. Select multiple features in multiple themes and:
• Find features within a specified distance, and generate mailing labels. • Measure area and length
• Display contents of the selected set in a table format. • Print map with a title, scale, and neat line.
• Link any number of layers to unlimited number of external databases • Hyperlink scanned documents to features for easy retrieval. • GPS location
Selecting Features and obtaining information about them:

Data Spatial Cloud
Acquisition Data Capture
GeoViewer Solution
Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 8 Select by user-defined radial buffer surrounding selected parcel(s), box and Polygon:

Search Mechanism:

Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 9 Property Search: Search by Parcel number, Situs Address, Owner name, Street intersection, Business name etc..

Printing Maps:
• Print maps using predefined templates containing title, scale, neat line, north arrow and disclaimer. • Print map with standard printing options such as different orientations (portrait or landscape), various paper sizes. • Add/Include basemap types such as Google Street View, Aerials etc.

Viewing Documents and Information behind maps:

Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 10 Print Mailing Labels: Print Mailing labels (compatible to office product offerings from 3M, Avery and other label manufacturers)
Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 12

HOSTING AGREEMENT
Nobel Systems Inc. - Terms and Conditions

1. LICENSE, SUBSCRIPTION, AND PAYMENT

1.1 License. Subject to the terms of this Agreement, Nobel Systems grants to Customer a limited, non-exclusive, non-transferable, and non-assignable license to access and use the Provided Content for a period of Thirty-six (36) months. In GeoViewer, customer's access and use of the Provided Content shall be solely for its normal internal business activities, free of charge, by its employees and consistent with Customer's representations to NOBEL.

1.2 Payment for the License and Subscription. In exchange for the license or services granted, the Customer agrees to pay all the fees listed in this order. All invoices are due upon receipt and are payable in accordance with the payment schedule. Any invoice not paid within thirty (30) days of its scheduled payment date shall be considered past due.

1.3 Non-Payment or Failure to Pay. A charge of one and one-half percent (1.5%) per month may be assessed on any outstanding and past due invoices until paid in full. If NOBEL does not receive from Customer payment for the invoiced amount within thirty (30) days of its due date, Nobel may suspend Customer's access and use of the Provided Content, until Customer brings its account current.

2. TERM AND TERMINATION.
i) Term. This agreement is valid for Three (3) years.
ii) Renewal and Termination Without Cause. This Agreement shall automatically renew for an additional year unless a party notice of termination at least thirty (30) days before expiration of the current five-year term. iii) Customer may terminate the Agreement only at the expiration of the Agreement Term or any renewal term by submitting a letter in writing.
iv) Terminating the Agreement does not prejudice either party’s rights or remedies for breach of this Agreement. v) Termination for Cause. Either party, as applicable, shall have the right, in addition, and without prejudice to any other rights or remedies, to terminate this Agreement as follows:
vi) By either party for any material breach of this Agreement by the other party that is not cured within ten (10) days of written notice to the defaulting party specifying the breach and requiring its cure; or vii) By either party, immediately upon written notice, if the breach cannot be cured. Breach of the confidentiality terms presumptively cannot be cured.
viii) A party does not need to wait the 10 days under subparagraph (i) before initiating legal action to obtain injunctive relief.

Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 13 Rights and Duties on Termination.
ix) Customer shall cease using the Software, and Software Documentation without demand or notice from Nobel Systems.
x) Nobel Systems may disable Customer's access to Customer's Data Nobel Systems Web Subscription. xi) Customer shall return to Nobel Systems all Documents and media containing and all copies of any Software, Software Documentation and/or Nobel Systems’ Confidential Information. Customer shall delete and erase all copies of such materials from its hardware and date storage media including hard drives, DVDs, and CDs.

Customer shall certify to Nobel Systems it has complied with this section within 10 days after this Agreement terminates.
xii) Nobel Systems shall return to Customer all Documents and media containing Customer’s Data. Unless customer requests otherwise in writing, Nobel Systems shall delete and erase all copies of Customer's Data from its hardware and data storage media including hard drives, DVDs and CDs. Nobel Systems shall certify to Customer it has complied with this section within 10 days after this Agreement terminates. xiii) The provisions re: intellectual property, confidentiality return of Documents, licensing the Software, and duties on termination survive termination of this Agreement.

3. WARRANTY & LIMITATION OF LIABILITY

3.1 Limited Warranty. Each party represents and warrants that it has full power and authority to enter into this Agreement. Each party will indemnify and defend the other and its officers, directors, and employees from third party claims arising out of or related to a breach of such party's representation or warranty in this Agreement.

3.2 Disclaimed Warranties. Except for any express warranties, NOBEL and each contributor to the Provided Content disclaims all warranties, including but not limited to any warranty of design, merchantability, fitness for a particular purpose, and against infringement. NOBEL and each contributor make no representation or warranties that the Provided Content is accurate and free of errors and/or omissions. As such the Provided Content is not suitable for use in emergencies. Customer accepts the Provided Content on an “as is”, “as available” basis.

3.3 Limitation of Liability. NOBEL shall not be liable for any loss, injury, claim, or damage of any kind resulting in any way from Customer’s use of the Provided Content (regardless of any assistance from NOBEL in using the content) or from any delay or failure in performance beyond the reasonable control of NOBEL. The aggregate and maximum liability of NOBEL in connection with any claim arising out of or relating to this Agreement shall be limited to a refund of 12 months of fees and taxes paid by Customer to NOBEL. NOBEL shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including attorneys’ fees) arising in connection with Customer’s use of the Web site, Provided Content, or the failure of NOBEL to perform its obligations, regardless of any negligence alleged.
55414.00000\32996936.2
B-1
EXHIBIT “B”

COMPENSATION
Nobel Systems Inc. 1030 Nevada St, Ste 202, Redlands CA 92374 Tel: (909) 891-0896 Page 11

4. COSTS
STANDARD PRICING:

GeoViewer Online Annual Subscription Fee (Enterprise License) $ 14,450 (Annual) Training and Unlimited Technical Support Included
Total Fee Year One (1) $ 14,450
Total Fee Year Two (2) $ 14,450
Total Fee Year Three (3) $ 14,450
Note: The above costs are based on a three (3) year agreement. 55414.00000
\32996936.2
C-1
BB&K (2020) 1 AGREEMENT FOR GENERAL SERVICES

CITY OF UPLAND

AGREEMENT FOR GENERAL SERVICES

1. PARTIES AND DATE
This Agreement for On-call GIS and Staff Augmentation Services (“Agreement”) 22nd day of January, 2024 by and between the City of Upland, a municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”) and Nobel Systems Inc., a California Corporation with its principal place of business at 1030 Nevada St, Ste 202 Redlands, CA 92374 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain On Call GIS and Staff Augmentation Services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing On Call GIS and Staff Augmentation Services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the On Call GIS and Staff Augmentation project (“Project”) as set forth in this Agreement.

3. TERMS

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from January 22, 2024 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional oneyear terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth

Attachment: B
Click here to return to the agenda.

BB&K (2020) 2 AGREEMENT FOR GENERAL SERVICES
in Exhibit "A" attached hereto and incorporated herein by reference. The total annual compensation shall vary, subject to City Council approval of the annual budget itemized for On-call GIS and Staff Augmentation Services, including routine monthly services.

3.2.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.

3.2.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.2.4 Adjustments. Beginning in 2024, upon Contractor's request, Contractor's rates may be adjusted no more than once per year based on the percentage change in the Consumer Price Index-All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino - Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments. All such price adjustment requests shall be submitted between March 1st and April 1st. The failure to submit price adjustment requests by April 1st shall waive the Contractor's right to request an adjustment for that year. Upon proper notice, price adjustments shall go into effect on July 1st of the same year. In no event shall the adjustment exceed five percent (5%) in any single year.

3.2.5 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: ( 1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3 Responsibilities of Contractor.

3.3.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance

BB&K (2020) 3 AGREEMENT FOR GENERAL SERVICES
(a) PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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

3.3.2 Schedule of Services/Time for Performance.
(a) Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Rates and Scope of Services set forth in Exhibit “A” attached hereto and incorporated herein by reference. Contractor represents that it has the skilled personnel required to perform the Services in conformance with such conditions.

In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. (b) Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
(c) Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

BB&K (2020) 4 AGREEMENT FOR GENERAL SERVICES

3.3.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as follows: June Reyes

3.3.5 City's Representative. City hereby designates Richard Jeganathan, or his or her designee, to act as its representative for the performance of this Agreement (“City's Representative”). City's Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.

3.3.6 Contractor's Representative. Contractor hereby designates June Reyes, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor's Representative”). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein, and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor’s errors and omissions.. Any employee of Contractor or its subcontractors who is determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to

BB&K (2020) 5 AGREEMENT FOR GENERAL SERVICES
City, shall be promptly removed from the Project by Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10 Insurance.
(a) Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. (b) Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (3) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

BB&K (2020) 6 AGREEMENT FOR GENERAL SERVICES
(c) Insurance Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(1) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(3) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
(d) Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
(e) Waiver of Subrogation. All required insurance coverages shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (f) Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
(g) Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall

BB&K (2020) 7 AGREEMENT FOR GENERAL SERVICES
not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(h) Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
(i) Enforcement of Agreement Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
(j) Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. (k) Additional Insurance Provisions
(1) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(2) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(3) The City may require the Contractor to provide complete copies of all insurance policies in effect for the duration of the Project. (4) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(5) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from

BB&K (2020) 8 AGREEMENT FOR GENERAL SERVICES
liability in excess of such coverage, nor shall it limit the Contractor’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(6) Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
(l) Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.

3.3.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wage. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment

BB&K (2020) 9 AGREEMENT FOR GENERAL SERVICES
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.4.2 Registration/DIR Compliance If the Services are being performed as part of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

3.4.3 Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and

BB&K (2020) 10 AGREEMENT FOR GENERAL SERVICES
remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.

3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.7 General Provisions.

3.7.1 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement.

All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work,

BB&K (2020) 11 AGREEMENT FOR GENERAL SERVICES
data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.
(a) Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor’s behalf are Contractor’s employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
(b) Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Nobel Services, Inc.

Balaji Kadaba
1030 Nevada St, Ste 202
Redlands, CA 92374
City:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Information Technology Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

BB&K (2020) 12 AGREEMENT FOR GENERAL SERVICES

3.7.5 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.

3.7.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

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

3.7.9 City's Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with this Project.

3.7.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.11 Assignment or Transfer. shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

3.7.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

BB&K (2020) 13 AGREEMENT FOR GENERAL SERVICES

3.7.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

3.7.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.7.19 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Employment Adverse to City. Contractor shall notify City, and shall obtain City’s written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against City during the term of this Agreement.

3.7.22 Conflict of Employment. Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee’s regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City’s payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.

Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination.

BB&K (2020) 14 AGREEMENT FOR GENERAL SERVICES

SIGNATURE PAGE FOR AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF UPLAND AND
NOBEL SYSTEMS INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF UPLAND NOBEL SYSTEMS INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
By:

Its: President
Printed Name: Michael Samuel
By:

Its: Vice President
Printed Name: Balaji Kadaba

Michael Blay
City Manager
Attested By:

Keri Johnson
City Clerk
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney

BB&K (2020) 15 EXHIBIT D FEDERAL PROVISIONS
EXHIBIT “A”

RATES AND SCOPE OF SERVICES
Rate:

Provide On-Site Support services 2 days each week at a competitive hourly rate of $120.

KICK-OFF MEETING:

Nobel Systems will begin the project with a team kickoff meeting that includes the Nobel Systems project team and all key decision-makers from City.

1. DIGITIZE UTILITY NETWORK FEATURES:

Paper and CAD As-built drawings will be used as source for digitizing features in the Water, Wastewater and Storm networks, using replica Geodatabase.

QA/QC Procedures:

QA/QC tasks are performed at various stages of the conversion.

Initial Quality Control:

Once the data capture and attribution tasks are completed, initial quality checks will be performed to ensure that the features are constructed to check for positional accuracy, with the existing atlas maps and as-built documents.

Checking Graphical Construction:

Upon completion of initial quality control tasks, a series of quality checks will be performed to ensure accurate and complete datasets are generated.

2. EDIT FEATURES AND ANNOTATIONS:

Edit Lines:

Nobel System will, using the ArcGIS Interface, edit the line features as required. The line features over the course of the Database Development Life Cycle may be required to be edited for spatial accuracy.

Edit Points:

The point features of the GeoDatabase will also require editing over the course of the Database Development Life Cycle. The point may require editing spatial and attribute accuracy. Like the line features, Nobel Systems will edit the point feature per the sources provided.

Edit Polygons:

Polygons are features that encapsulate a line or point features physically or symbolically within a GIS database. Polygon features can be tangible features such as encasements or casings.

Edit Annotations:

The annotation feature class is designed for display and map creation purposes. The annotations, according to the Addendum No. 1 to the RFP, the annotations are not currently feature link. Since the GeoDatabase does not have feature linked annotation, the annotation will be required to be edited manually.

Feature-linked annotation is associated with a specific feature in another feature class in the GeoDatabase.

BB&K (2020) 16 EXHIBIT D FEDERAL PROVISIONS

3. CREATE, DEVELOP AND POPULATE NEW FEATURES:

The addition of new features and feature class are a common occurrence with any GIS Database during the Systems Development Life Cycle (SDLC). During the performed edits, Nobel Systems may run into features that are not currently in the existing GIS. In such cases, Nobel Systems will need to add the feature to the GIS. If Nobel Systems encounters features that are not currently in the GIS, Nobel Systems will inform the City of Upland as to the type of feature encountered.

Checking Attribution:

An on-screen consistency check, as illustrated in below figure will be performed wherein digitized lines will be rendered different colors based on attribute values populated, to check for attribute consistency. This check can be performed based on any attributed value associated with any feature.

Consistency of attribution in all fields that are supposed to be attributed in the features, including ‘Barcode’ and ‘JobNumber’ which are vital for linking the GIS features with as-built drawing/atlas and other documents respectively will be checked using QA/QC toolset. Errors or inconsistencies identified during this QC check will be corrected and verified before moving to the next step.

4. OTHER GIS UPDATES AND MAPPING SUPPORT:

The City of Upland may require support during the life of the contract. Nobel Systems Staff will make their staff available for any required support. The City may require services that are not explicitly covered within the contract. If the City requires additional editing, technical support, or mapping support, Nobel Systems will provide the support required. • Provide Training on GeoViewer Online, Mobile and all other modules to City Staff as and when required.
• GIS Map Creation for Board Meetings and any other projects. • Data Entry in GeoViewer for history Work Orders

FIELD NOTES (REDLINES)
Nobel Systems staff will take care of updating the GIS Data with reference to all the field notes (Redlines) that will be created for Water, Sewer and Storm Facilities through GeoViewer Mobile application. Once the GIS Data is updated with reference to these field notes, the revised data will be updated in GeoViewer Online and Mobile applications.

PROJECT MANAGEMENT AND GIS OVERSIGHT
Nobel’s Project Manager will work closely with City staff to ensure all aspects of the project meet critical objectives, milestones, and full compliance with the statement of work. The Project Manager will assist City staff with training, GIS best practices, and provide GIS oversight and guidance. The project manager will be the point of contact and responsible for weekly updates and onsite meetings, as necessary. With his technical knowledge in GIS and in the existing system being used by the City, changes requested by the City staff can be addressed in fast and timely manner on site. He will ensure that the GIS solutions provided meet the highest quality standards and satisfy the City’s requirement.

1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 28, 2025
SUBJECT: APPROVAL OF FIRST AMENDMENT TO AGREEMENT FOR TOWING

SERVICES
REPORT IN BRIEF:

The City Council will consider approval of the First Amendment to the Agreement for General Services – Towing Services with Action Southland Enterprises, Inc., DBA Action Southland Towing to extend the term of the Agreement to September 30, 2025. Action Southland Towing currently provides towing services for the City and the Orange County Sheriff’s Department.

RECOMMENDED ACTION:

2. Approve the First Amendment to the existing Agreement for General Services - Towing Services with Action Southland Enterprises, Inc., DBA Action Southland Towing; and

BACKGROUND:

In April 2021, the City authorized and issued a Request for Proposal for the contractual services of a towing company. The submittals were evaluated by Public Safety Services Department staff along with consideration of the performance record of each establishment. As a result of the Request for Proposal process, Action Southland Towing was selected as the sole provider of towing services in the city.

Item: 9I
Click here to return to the agenda.
2 ANALYSIS/JUSTIFICATION:

Action Southland Towing has been providing towing services to the City for over 40 years.

They have done so with an excellent service record and a high level of cooperation and customer service.

Based on their satisfactory service, staff is recommending approval of the First Amendment to the existing agreement to extend the term through September 30, 2025.

FISCAL IMPACT:

There are no anticipated expenditures associated with this agreement. Revenue generated as a result of this agreement is included in the General Fund budget preparation process.

ENVIRONMENTAL IMPACT:

None.

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Public notification provided through the regular agenda process.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 1: Provie a safe community.

Obj. No. 5: Provide a high quality of life.

Prepared by: James J. Wren, Public Safety Services Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. First Amendment to the Original Agreement
B. Current Agreement

CITY OF STANTON

FIRST AMENDMENT TO

AGREEMENT FOR TOWING SERVICES

1. PARTIES AND DATE.

This First Amendment to the Agreement for Towing Services (“First Amendment”) is entered into on the _____ day of _______________, 2025, by and between the City of Stanton (“City”) and Action Southland Enterprises, Inc., DBA Action Southland Towing, a California Corporation with its principal place of business at 7600 Industrial Way, Stanton, CA 90680 (“Contractor”). City and Contractor are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for Towing Services dated August 24, 2021 (“Agreement”).

2.2 First Amendment. The Parties now desire to amend the Agreement in order to extend the Agreement for an additional one-year term.

3. TERMS.

3.1 Term. Pursuant to Section 3.1.2 of the Agreement, the City hereby exercises the option to renew the Agreement and extend the original term of the Agreement for an additional, one year term, from September 30, 2024 to September 30, 2025, unless earlier terminated as provided in the Agreement.

3.2 Declaration of Political Contributions. Prior to the City’s approval of this Amendment, Consultant shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.

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

Attachment: A
Click here to return to the agenda.

IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this _____ day of _______________, 2025.

CITY OF STANTON ACTION SOUTHLAND ENTERPRISES,
INC., DBA ACTION SOUTHLAND
TOWING
By:

Hannah Shin-Heydorn
City Manager
By:

Scott Kattengell
CFO/Owner
ATTEST:

By:

Patricia Vazquez
City Clerk
By:

Janis Zemel,
General Manager
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

CITY OF STANTON

AGREEMENT FOR GENERAL SERVICES - TOWING

1. PARTIES AND DATE
This Agreement for Towing Services ("Agreement") 24th day of August 2021 by and between the City of Stanton, a municipal corporation organized under the laws of the State of California with its principal place of business at 7800 Katella Avenue, Stanton, California 90680 ("City") and Action Southland Enterprises, Inc., OBA Action Southland Towing, a California corporation with its principal place of business at 7600 Industrial Way, Stanton CA 98680 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS

2.1 Contractor.

Contractor desires to perform· and assume responsibility for the provIsIon of certain general services required by City on the terms and conditions set forth in this Agreement.

Contractor represents that ii is experienced in providing nonconsensual towing services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such nonconsensual towing services for the City Towing Services ("Project") as set forth in this Agreement.

2.3 Incorporation of Documents.

This Agreement includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: Request for Proposals, dated April 22, 2021, and Contractor's Proposal, dated June 3, 2021.

3. TERMS

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from October 1, 2021 to September 30, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole and absolute discretion to extend the term of the Agreement for no

AGREEMENT FOR GENERAL SERVICES
55414.00000\34279552.2
Attachment: B
Click here to return to the agenda.
more than two additional one- year terms. The City reserves the right to review the Contractor' s performance at the end of each year and cancel all or part of the Agreement.

Contractor shall perform its services in a prompt and timely manner and shall commence performance upon receiving notice from the City.

3. 2 Responsibilities of Contractor.

3. 2. 1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor' s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor' s officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3. 2. 2 Schedule of Services/ Time for Performance.
a) Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit " B" attached hereto and incorporated herein by reference. Contractor represents that it has the skilled personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor' s conformance with the Schedule, City shall respond to Contractor' s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. b) Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party' s performance and is one or more of the following: ( 1) Acts of God or other natural disasters; ( 2) terrorism or other acts of a public enemy; ( 3) orders of governmental authorities including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); ( 4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and ( 5) pandemics, epidemics or quarantine restrictions. For purposes of this section, orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non- performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance 2 AGREEMENT FOR GENERAL SERVICES
55414. 00000\ 34279552. 2
and the efforts being made to resume performance of this Agreement. Force Majeure Events and/ or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3. 2. 3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3. 2. 4
Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as follows: Scott Kattengell, CFO/Owner.

3. 2. 5 City' s Representative. City hereby designates the Public Safety Service Director or his or her designee, to act as its representative for the performance of this Agreement (" City's Representative"). City' s Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City' s Representative or his or her designee.

3.2. 6 Contractor's Representative. Contractor hereby designates Scott Kattengell CFO/ Owner, or his or her designee, to act as its representative for the performance of this Agreement (" Contractor' s Representative"). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement.

Contractor' s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3. 2. 7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City' s staff, contractors and other staff at all reasonable times.

3. 2. 8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by 3 AGREEMENT FOR GENERAL SERVICES
slap
55414. 00000\ 34279552. 2 0
Orlg
Contractor' s failure to comply with the standard of care provided for herein, and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor' s errors and omissions.. Any employee of Contractor or its subcontractors who is determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to City, shall be promptly removed from the Project by Contractor and shall not be re- employed to perform any of the Services or to work on the Project.

3. 2. 9
Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including the provisions of Stanton Municipal Code Chapter 10. 02, any local rules and specifications promulgated thereto, all Cal/ OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3. 2. 10 Labor
a) Prevailing Wage. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and maintenance" projects (" Prevailing Wage Laws"). If the Services are being performed as part of an applicable " public works' or " maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages ( Labor Code Sections 1771, 1774 and 1775), employment of apprentices ( Labor Code Section 1777. 5), certified payroll records ( Labor Code Sections 1771. 4 and 1776), hours of labor ( Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors ( Labor Code Section 1777. 1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771. 4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771. 4.
b) Registration. If the Services are being performed as part of an applicable " public works" or " maintenance" project, then pursuant to Labor Code Sections 1725. 5 and 1771. 1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725. 5 and 1771. 1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725. 5 and 1771. 1.
4 AGREEMENT FOR GENERAL SERVICES
o sig 55414. 00000\ 34279552. 2
g 1
c) Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor' s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor' s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. d) Labor Code Compliance; Audit Rights. City shall have the right to audit Contractor' s compliance with this Agreement and California Labor laws with respect to Contractor' s personnel, including, but not limited to, Contractor' s compliance with Sections

3.2. 1, 3.2. 10, and 3.6. Upon City' s request, Contractor shall provide within five ( 5) business days documents sufficient to demonstrate its compliance with this Agreement including, but not limited to, W4s, itemized wage statements, employee handbooks, and time cards for any of Contractor' s personnel who provide the Services.

3. 2. 11 Insurance.
a) Time for Compliance. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
b) Types of Required Coverages. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, Contractor in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance.
1) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as the latest version of the Insurance Services Office " occurrence" form CG 0001, with minimum limits of at least 1, 000, 000 per occurrence. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for ( 1) products and completed operations; ( 2) contractual liability; ( 3) third party action over claims; or ( 4) cross liability exclusion for claims or suits by one insured against another. 2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as the latest version of Insurance Services Office Form CA 0001 covering " Any Auto" ( Symbol 1) with minimum limits of $ 1, 000,000 each accident.
5 AGREEMENT FOR GENERAL SERVICES
o si- 55414. 00000\ 34279552. 2
O_L \ f
3) Workers' Compensation and Employer' s Liability: Workers' Compensation Insurance, as required by the State of California and Employer' s Liability Insurance with a limit of not less than $ 1, 000, 000 per accident for bodily injury and disease. 4) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of Contractor' s operations to include onsite and offsite coverage for bodily injury ( including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $ 5 million per loss and $ 10 million total all losses. Non - owned disposal site coverage shall be provided if handling, storing or generating hazardous materials or any material/ substance otherwise regulated under environmental laws/ regulations.

3. 2. 11( b) ( i) Commercial General Liability and ( ii) Automobile Liability Insurance shall be endorsed to provide the following:
1) Additional Insured: City, its officials, officers, employees and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Endorsements shall be issued on a combination of ISO CG 20 10 and CG 20 37 or exact equivalents. Additional Insured Endorsements shall not ( 1) be restricted to " ongoing operations"; ( 2) exclude " contractual liability"; ( 3) restrict coverage to " sole" liability of Contractor; or ( 4) contain any other exclusions contrary to the Agreement.
2) Primary Insurance and Non -Contributing Insurance: This insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the City, its officials, officers, employees and agents shall not contribute with this primary insurance.
3) Severability: In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.
4) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty ( 30) day prior written notice of cancellation has been served upon City except ten ( 10) days prior written notice shall be allowed for nonpayment of premium. 6 AGREEMENT FOR GENERAL SERVICES
Sn9n101)
55414. 00000\ 34279552. 2
5) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees and agents.
6) Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officials, officers, employees and agents.
7) Applicability: That the coverage provided therein shall apply to the obligations assumed by Contractor under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.
2) The policy or policies of insurance required by Section

3. 2. 11( b) ( iii) Workers' Compensation shall be endorsed, as follows:
1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees and agents.
2) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty ( 30) day prior written notice of cancellation has been served upon City except ten ( 10) days prior written notice shall be allowed for nonpayment of premium. d) Deductible. Any deductible or self-insured retention must be approved in writing by City and shall protect the City, its officials, officers, employees and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. e) Evidence of Insurance. Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen 15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with City. If such coverage is cancelled or reduced, Contractor shall, within ten ( 10) days after receipt of written notice of such cancellation or reduction of coverage, file with City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
f) Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to City. City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement.
7 AGREEMENT FOR GENERAL SERVICES
55414. 00000\ 34279552. 2 0, S ani
U
0 or gdi
In the event that Contractor's operations are suspended for failure to maintain required insurance coverage, Contractor shall not be entitled to an extension of time for completion of the work because of production lost during suspension.
g) Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best' s rating of no less than A -:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. h) Insurance for Subcontractors. Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding City as an Additional Insured to the subcontractor' s policies.

3. 2. 12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: ( A) adequate life protection and life saving equipment and procedures; ( B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and ( C) adequate facilities for the proper inspection and maintenance of all safety measures.

3. 3 Fees and Payments

3. 3. 1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " C" attached hereto and incorporated herein by reference.

3. 3. 2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five ( 45) days of receiving such statement, review the statement and pay all approved charges thereon.

3. 3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3. 3. 4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, " Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3. 4 Accounting Records
8 AGREEMENT FOR GENERAL SERVICES - ostep
55414. 00000\ 34279552. 2
a
U
O; ig c

3. 4. 1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.

Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three ( 3) years from the date of final payment under this Agreement.

3. 5 General Provisions.

3. 5. 1 Termination of Agreement.
a) Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven ( 7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. b) Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen ( 15) days of the request. c) Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3. 5. 2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

City:

Action Southland Enterprises, Inc., DBA Action Southland Towing 7600 Industrial Way
Stanton, CA 90680
Attn: Scott Kattengell, CFO/Owner
City of Stanton
7800 Katella Avenue
Stanton, California 90680
Attn: Keith Gifford, Code Enforcement Supervisor
Such notice shall be deemed made when personally delivered or when mailed, fortyeight ( 48) hours after deposit in the U. S. Mail, first class postage prepaid and addressed to the 9 AGREEMENT FOR GENERAL SERVICES is
55414. 00000\ 34279552. 2
o i
O i9`/
party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless ofthe method of service.

3. 5. 3 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3. 5. 4 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all costs of such action.

3. 5. 5
Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subconsultants and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all damages, attorneys' fees and other related costs and expenses. Contractor shall defend, at Contractor' s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, agents or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys' fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, employees, agents or volunteers. This Section

3. 5. 5 shall survive any expiration or termination of this Agreement.

3. 5. 6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.

3. 5. 7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3. 5. 8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3. 5.9 City' s Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with this Project.

3. 5. 10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3. 5. 11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the 10 AGREEMENT FOR GENERAL SERVICES
55414. 00000\ 34279552. 2 ` ot St to
U
a
Uri9 c
prior written consent of City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3. 5. 12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3. 5. 13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3. 5. 14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3. 5. 15 No Third Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.

3. 5. 16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3. 5. 17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3. 5. 18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
11 AGREEMENT FOR GENERAL SERVICES
55414. 0000034279552. 2
U
a

3. 5. 19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3. 5.20 Authority to Enter Agreement Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5. 21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3. 5.22 Employment Adverse to City. Contractor shall notify City, and shall obtain City' s written consent, prior to accepting work to assist with or participate in a third -party lawsuit or other legal or administrative proceeding against City during the term of this Agreement.

3.5.23 Conflict of Employment. Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City' s payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.

3. 5. 24 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination.

3.6 Independent Contractors and Subcontracting

3. 6. 1 Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750. 3 and Dynamex Operations West Inc. v. Superior Court, 4 Cal. 5th 903 ( 2018).

To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (" Subcontractor( s)") unless approved by the City as set forth in Section 3. 6.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor' s behalf are Contractor' s employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3. 6. 2 Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all applicable provisions of the Agreement, including a restriction on the Subcontractor' s use of further 12 AGREEMENT FOR GENERAL SERVICES
55414. 00000\ 34279552. 2
1 g cJ
independent contractors, subcontractors or subconsultants without the City' s prior written consent.

SIGNATURES ON FOLLOWING PAGE]
13 AGREEMENT FOR GENERAL SERVICES
55414. 00000\ 342795 52. 2 °
1 SIGNATURE PAGE FOR AGREEMENT

FOR GENERAL SERVICES

BETWEEN THE CITY OF STANTON
AND ACTION SOUTHLAND ENTERPRISES, INC., DBA ACTION SOUTHLAND TOWING IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.

CITY OF STANTON ACTION SOUTHLAND ENTERPRISES,
INC., DBA ACTION SOUTHLAND
TOWING
By: By:

Mayor ersi ¢ agC
Scott Kattengell, CFO/ Owner
ATT CIT} r\
a h
09 ' By:
it lerl 41S Zemel, General Manager
APPROVED TO F "
By:

Best Best & Krieger LLP
City Attorney
14 55414. 00000\ 34279552. 2

SIGNATURE PAGE

FOR AGREEMENT
EXHIBIT " A"

SCOPE OF SERVICES
I. SCOPE OF SERVICES
A. General Duties.

1. The Contractor' s primary duty will be; responding, on a first priority basis, to requests for towing services initiated by the City. The Contractor must have tow trucks available at all times ( 24 hours/ day, 7 days/ week, 365 days/ year, including holidays and weekends) to respond to requests for service from the City. The Contractor must also respond to towing requests from other City employees who are duly authorized by law to remove vehicles for storage, investigations, or both.

2. Typical towing situations will include, but will not be limited to: removing illegally parked vehicles, mechanical breakdowns, and storing. The Contractor must provide towing and storage services 24 hours/ day, 7 days/ week, 365 days/ year, including holidays and weekends.

3. The Contractor shall respond to the City' s requests for towing, impound, and storage service within twenty ( 20) minutes from the time such request is received. An immediate response will be required for all emergency calls. Response time is the difference between the time the Contractor is contacted by the City and the time the tow truck arrives at the required location. The Contractor shall promptly notify the City if this response time cannot be met.

4. The Contractor must maintain adequate personnel, equipment, and facilities at all times to perform the required towing services, within the time frames outlined in the Request for Proposal for Towing Services, dated April 22, 2021, as incorporated herein by reference (" RFP") and this Agreement. While the Contractor has custody of vehicles, the Contractor will be responsible for their safekeeping, including their contents, until they have been released to the owner or owner' s agent, or disposed of in the manner the law permits.

B. Facilities. The Contractor must operate and maintain a business office and a primary storage lot within the City limits to allow for convenient access by City personnel and the public. The business office and primary storage lot must be in compliance with all specifications set forth in the RFP. The primary storage lot must also be in compliance with all other applicable City, State, and Federal regulations relating to the operation and maintenance of tow service business. The Contractor may operate a secondary storage lot within the City limits. The secondary storage lot must also be in compliance with the specifications set forth in the RFP and all applicable City, State, and Federal regulations relating to the operation and maintenance of a tow service business.

C. Equipment. The Contractor' s vehicles must be in compliance with the applicable provisions of the California Vehicle Code, applying to tow trucks ( 615 CVC), including, but not limited to, Sections 615, 21711, 24606, 25100, 27700, 27907, and all other regulations pertaining to lighting and safety equipment. 15 EXHIBIT A

SCOPE OF SERVICES
55414. 00000\ 342795 52. 2
D. Personnel. At its expense, the Contractor must have a sufficient number of properly licensed, trained, and qualified employees to perform the Services described in the RFP. The City may, at its discretion, conduct a background check at any time, in its sole and absolute discretion, of any employee that may include, but is not limited to: fingerprinting, a check of criminal convictions, credit history, driving history, and civil liens and judgments. If the City determines, through a background check, that an employee is not qualified to provide services to the City as specified in the RFP, the City will notify the Contractor in writing as to the City' s findings. Although the Contractor may retain the disqualified employee, the Contractor must not use or dispatch the disqualified employee for a service that proposer provides to the City pursuant to the Agreement.

The Contractor' s rates, charges, and fees for non- consensual towing, storage, or performing other Services under the Agreement must not exceed the rates, charges, and fees set forth by the City Council as provided in Resolution No. 2013-20, which is attached hereto as Exhibit " C," which Resolution may be amended from time to time by the City in its sole and absolute discretion. ( See Stanton Muni. Code, § 10. 02. 090.) Ill. CHAPTER 10. 02 OF STANTON' S MUNICIPAL CODE
The Contractor must abide by the City' s towing regulations established at Chapter 10. 02 of the City' s Municipal Code, which is incorporated herein by this reference. This includes, but is not limited to, the following:

A. Section 10. 02. 040 Rules and Specifications. The specific provisions in Section 10. 02. 040 and the written rules and specifications for towing services, drivers, and vehicle storage facilities. A copy of said rules and specifications is attached as Exhibit " D" and incorporated herein by reference.

B. Section 10. 02. 070 Towing Rotation List. If there is more than one ( 1) provider of towing services, the City' s established rotation system.

C. Section 10. 02. 100 Payment of Franchise Fees to City. Payment to the City of franchise fees as determined by the City Council to cover costs of the City' s towing program. A copy of the current franchise fees is attached as Exhibit " C" and incorporated herein by reference. Such franchise fees may be amended from time to time by the City in its sole and absolute discretion.
16 EXHIBIT A

SCOPE OF SERVICES
55414.00000\ 34279552. 2
EXHIBIT " B"

SCHEDULE OF SERVICES
The City contact the Contractor for the provision of Towing Services on an as -needed basis. 17 EXHIBIT B

SCHEDULE OF SERVICES
55414. 00000\ i4279552. 2
0l St~
c
t
O. 9loa!
EXHIBIT " C"
COMPENSATION — RESOLUTION NO. 2013- 20
18 EXHIBIT C
COMPENSATION ofsr`n
55414. 00000\ 34279552. 2
O,yq oa
RESOLUTION NO. 2013. 20

A RESOLUTION OF CITY COUNCIL OF THE CITY OF STANTON ESTABLISHING COST

RECOVERY FEES AND CHARGES FOR TOWING CARRIERS
WHEREAS, it is in the best interest of the public to provide the Code Enforcement Division with an expeditious means for the non- consensual removal of vehicles from the public rightsof-way or private property that are described herein, but not limited to vehicles that are:
damaged, disabled, obstructing traffic flow, blocking driveways or portions thereof, blocking fire -hydrants, have five or more unpaid parking tickets, expired registration, park in excess of 72 hours, parked in disabled spaces, or meet the circumstances permitting removal per the Stanton Municipal Code or California Vehicle Code through a non- exclusive franchise for towing for the removal of abandoned vehicles; and
WHEREAS, California Vehicle Code § 12110 authorizes public entities to require the payment of fees in connection with the award of a franchise for towing vehicles on behalf of the public entity for the purposes of reimbursing the City for Its actual and reasonable costs in connection with the rotational towing program; and
WHEREAS, Section 10. 02. 100 of the Stanton Municipal Code provides that all towing carriers selected to participate in the City' s towing rotation program shall pay to the City the administrative fees and charges for vehicles towed as determined by resolution of the City Council; and
t
WHEREAS, the City has studied and analyzed the costs ii°ssdciated with, its towft' ,,rogram, including administrative, legal and enforcement costs, auditing and documenting costs, dally operational costs and other costs associated with enforcing the City' s towing regulations so that towing franchisees are charged fees sufficient to reimburse the City for the costs incurred in connection with its towing program; and
WHEREAS, the City has studied and reviewed the franchise fees charged by other cities to towing operators in connection with the award of a towing franchise to assure that the proposed cost recovery fees are reasonable; and
WHEREAS, the City has ( 1) made available to the public at least ten days prior to its public hearing, including data supporting the reasonableness of the fee; 2) mailed notice at least fourteen days prior to this meeting to all interested parties who have requested notice of new or increased fees; and 3) held a duly noticed, regularly scheduled public hearing at which oral and written testimony was received regarding the proposed fee; and WHEREAS, the City Council hereby determines that the proposed cost recovery fees to be charged by the City in connection with the award of a towing franchise are reasonable and necessary to reimburse the City for its actual and reasonable costs in connection with the towing program, including, but not limited to, administrative, legal and enforcement costs, auditing and documenting costs, daily operational costs and other costs associated with enforcing the City' s towing regulations; and
RESOLUTION NO. 2013- 20

Page 1 of 3 ends

Stanton City CouncilJanuary 28, 2025

Stanton City Council
January 28, 2025