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HomeMy WebLinkAbout02-12-19 - Agenda Pkg - Regular CC MtgTuesday, February 12, 2019 6:00 PM City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers City Council Mayor Stacey Armato Mayor Pro Tem Mary Campbell Councilmembers Hany S. Fangary Justin Massey Jeff Duclos Regular Meeting Agenda Closed Session - 6:00 P.M. Regular Meeting - 7:00 P.M. Executive Team Viki Copeland, Finance Director Glen Kau, Public Works Director Sharon Papa, Police Chief Ken Robertson, Community Development Director Vanessa Godinez, Human Resources Manager Kelly Orta, Community Resources Manager City Clerk Elaine Doerfling City Treasurer Karen Nowicki City Attorney Mike Jenkins Suja Lowenthal, City Manager Nico De Anda-Scaia, Assistant to the City Manager February 12, 2019City Council Regular Meeting Agenda 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS ROLL CALL PUBLIC COMMENT RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 1.19-0076 MINUTES: Approval of minutes of the following Closed Session meetings. a)January 22, 2019 b)January 31, 2019 c)February 7, 2019 2.19-0078 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Hermosa Fitness LLC v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCP02840 3.19-0082 CONFERENCE WITH LEGAL COUNSEL: Initiation of Litigation Government Code Section 54956.9(d)(4) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Number of Potential Cases: 2 4.19-0083 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: Airspace at 51 Pier Avenue (Loreto Plaza) City Negotiator: City Manager Negotiating Party: Pierside Properties, LLC Under Negotiation: Price and Terms of Payment for Lease of Airspace ADJOURNMENT OF CLOSED SESSION Page 2 City of Hermosa Beach Printed on 2/8/2019 February 12, 2019City Council Regular Meeting Agenda 7:00 P.M. - REGULAR AGENDA All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. City Council agenda packets are available for your review on the City's website located at www.hermosabch.org. Complete agenda packets are also available for public inspection in the Police Department, Hermosa Beach Public Library and the Office of the City Clerk. During the meeting, a packet is also available in the Council Chambers foyer or you can access the packet at our website, www.hermosabch.org, on your laptop, tablet or smartphone through the wireless signal available in the City Council chambers - Network ID: CHB-Guest, Password: chbguest Written materials pertaining to matters listed on the agenda of a regular City Council meeting must be submitted by noon of the Tuesday, one week before the meeting in order to be included in the agenda packet (tentative future agendas can be found as Item 8 in every regular agenda packet). However, written materials received after that deadline will nonetheless be posted under the relevant agenda item on the City's website at the same time as they are distributed to the City Council by email and provided to the City Council and the public at the meeting. Submit your comments via eComment in three easy steps: Note: Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc) that you do not want to be published. 1. Go to the Agendas/Minutes/Video webpage and find the meeting you’d like to submit comments on. Click on the eComment button for your selected meeting. 2. Find the agenda item for which you would like to provide a comment. You can select a specific agenda item/project or provide general comments under the Oral/Written Communications item. 3. Sign in to your SpeakUp Hermosa Account or as a guest, enter your comment in the field provided, provide your name, and if applicable, attach files before submitting your comment. eComments can be submitted as soon as the meeting materials are published, but will only be accepted until 12:00 pm on the date of the meeting to ensure Council and staff have the ability to review comments prior to the meeting. Persons who wish to address an issue of general nature (not pertaining to matters listed on the agenda) to the City Council for the official record may submit written material to the Council in lieu of or in addition to speaking under the Public Participation section of the meeting. Such written correspondence must be delivered to the City Manager's office (anny@hermosabch.org) by noon of the Tuesday, one week before the regular Council meeting in order to be included in the agenda packet. To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0203 at least 48 hours prior to the meeting. Page 3 City of Hermosa Beach Printed on 2/8/2019 February 12, 2019City Council Regular Meeting Agenda CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS APPROVAL OF AGENDA PROCLAMATIONS / PRESENTATIONS a)19-0080 RECOGNIZING HERMOSA BEACH GREEN BUSINESSES MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)19-0095 HERMOSA AVENUE AND STRAND IMPROVEMENT PROJECT STATUS UPDATE AND TIMELINE b)19-0096 SUPER BOWL SUNDAY POWER OUTAGE, CAUSE, RESOLUTION AND NEXT STEPS c)19-0097 INFILTRATION PROJECT GENERAL STATUS UPDATE Information Item Memorandum on Infiltration Project_021219Attachments: PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS: This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Miscellaneous Items and Reports – City Council and Other Matters), or to request the removal of an item from the consent calendar. Public comments on the agenda items called Miscellaneous Reports and Other Matters will only be heard at this time. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. Comments from the Page 4 City of Hermosa Beach Printed on 2/8/2019 February 12, 2019City Council Regular Meeting Agenda public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. a)REPORT 19-0090 CITY COUNCIL MEETING MINUTES (Deputy City Clerk Linda Abbott) Recommendation:Staff recommends that the City Council approve the following minutes: 1. Regular meeting of January 8, 2019 2. Adjourned Regular meeting of January 14, 2019 3. Regular meeting of January 22, 2019 1. 010819 draft min.docx 2. 011419 draft min.docx 3. 012219 draft min.docx Attachments: b)REPORT 19-0074 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. 1. 01-10-19 2. 01-17-19 3. 01-24-19 Attachments: c)REPORT 19-0093 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 4, 2018 AND JANUARY 2, 2019 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 4, 2018 and January 2, 2019. 1. PR Minutes 12.04.18.pdf 2. PR Minutes 1.2.2019.pdf Attachments: d)REPORT 19-0062 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETINGS OF MAY 16, 2018, JULY 18, 2018, SEPTEMBER 19, 2018 AND NOVEMBER 28, 2018 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Public Works Commission meetings of May 16, 2018, July 18, 2018, September 19, 2018, and November 28, 2018. Page 5 City of Hermosa Beach Printed on 2/8/2019 February 12, 2019City Council Regular Meeting Agenda 1. PWC action minutes 5-16-18 2. PWC action minutes 7-18-18 3. PWC action minutes 9-19-18 4. PWC action minutes 11-28-18 Attachments: e)REPORT 19-0075 RECOMMENDATION TO REJECT CLAIM (Human Resources Manager Vanessa Godinez) Recommendation:Staff recommends that the City Council reject the following claim and refer it to the City's Liability Claims Administrator. Claimant: Nathan Carroll Date of Loss: 8/26/2018 Date Filed: 12/31/2018 Allegation: Claimant states a security guard working for Frontline Protection Services Inc. stole money and property from him while he was working as a photographer for the Hermosa Beach summer concert series. Nathan Carroll_claimAttachments: f)REPORT 19-0087 APPROVAL OF AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND BURKE, WILLIAMS & SORENSEN, LLP FOR LEGAL SERVICES (Human Resources Manager Vanessa Godinez) Recommendation:Staff recommends that the City Council approve the contract with the law firm Burke, Williams & Sorensen, LLP to provide legal services in the area of labor negotiations to the City. Legal Services Daphne Anneet Burke Williams 2019Attachments: 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a)REPORT 19-0077 APPROVAL OF 2019 IMPACT LEVEL III SPECIAL EVENT MARYMOUNT CALIFORNIA UNIVERSITY WOMEN’S VOLLEYBALL HOME BEACH GAMES (2/22, 3/15, 3/29 & 4/5); AND APPROVAL OF NEW IMPACT LEVEL II SPECIAL EVENTS: THE SOUTH BAY SURF SERIES (3/24); AND POR SANDY SAUTÉ (3/30); (Community Resources Manager Kelly Orta) Page 6 City of Hermosa Beach Printed on 2/8/2019 February 12, 2019City Council Regular Meeting Agenda Recommendation:Staff recommends that the City Council hold a Public Hearing to approve the Parks, Recreation and Community Resources Advisory Commission's recommendation to approve the following 2019 special events: 1. Marymount California University Women's Volleyball Home Beach Games on Fridays, February 22, March 15 and 29, and April 5 on the volleyball courts north of the Pier (Impact Level III); 2. South Bay Surf Series on Sunday, March 24 on the beach south of the Pier (Impact Level II); and 3. POR Sandy Saut� on Saturday, March 30 on the beach north of the Pier (Impact Level II). 1. 2019 Tentative Special Event Calendar 2. Marymount California University Women's Volleyball Home Beach Games Special Event Application 3. South Bay Surf Series Special Event Application 4. POR Sandy Saute Special Event Application Attachments: 6. MUNICIPAL MATTERS a)REPORT 19-0098 APPROVAL OF THREE-YEAR AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH CHAMBER OF COMMERCE FOR FIESTA HERMOSA EVENTS (Assistant to the City Manager Nico De Anda-Scaia) Recommendation:Staff recommends that the City Council: 1. Approve the attached three-year contract through 2021 between the City of Hermosa Beach and the Hermosa Beach Chamber of Commerce and Visitors Bureau for production of Fiesta Hermosa and other community events; 2. Approve and provide direction to staff regarding the re-allocation of all or a portion of Chamber funds donated to the City in FY 2014-2015 toward the purchase, installation and/or maintenance of citywide holiday decorations; and 3. Discuss and provide direction regarding the future/ongoing role of the City Council's ad-hoc Fiesta Subcommittee. Staff recommends that the City Council: 1. 2019-2021 Fiesta Agreement Draft with Exhibits 2. 2019-2021 Fiesta Agreement Draft with Redline Attachments: b)REPORT 19-0064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DEDICATING THE SHARED ROADWAY "SHARROW LANE" IN THE NUMBER TWO LANE (OUTSIDE LANE) ON BOTH SIDES OF HERMOSA AVENUE FROM HERONDO STREET TO 24TH STREET AS THE “JULIAN KATZ BIKE ROUTE” (Environmental Analyst Kristy Morris) Page 7 City of Hermosa Beach Printed on 2/8/2019 February 12, 2019City Council Regular Meeting Agenda Recommendation:Staff recommends that the City Council: 1.Adopt a resolution dedicating the shared roadway "Sharrow Lane" in the number two lane (outside lane) on both sides of Hermosa Avenue from Herondo Street to 24th Street as the "Julian Katz Bike Route"; 2.Approve the installation of signage dedicating the "Julian Katz Bike Route"; and 3.Encourage staff to continue to implement the Bikeway Master Plan and Mini-Corral Plan. 1. Resolution dedicating the “JULIAN KATZ BIKE ROUTE” 2. JK_Sign.pdf Attachments: c)REPORT 19-0081 DOWNTOWN LIGHTING IMPROVEMENTS UPDATE (Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Approve the implementation of security lighting recommendations in the Crime Prevention Through Environmental Design (CPTED) Lighting Assessment Report; and 2. Approve the "Vintage Hermosa" lighting style for Pier Plaza and the downtown; and 3. Select Pier Plaza string lighting layout configuration and catenary lighting. 1. CPTED LIghting Assessment Report.pdf 2. Lighting Design Concept Presenation.pdf 3. Parking Lot B Staff Alternative.pdf 4. String Lighting Options.pdf 5. Downtown Strategic Plan Implementation Budget Sheet Attachments: d)REPORT 19-0085 AWARD OF CONSTRUCTION CONTRACT TO SHARIDEN DESIGN ASPHALT INC. TO INSTALL CROSSWALK TREATMENTS ON HERMOSA AVENUE BETWEEN 10TH AND 14TH STREETS AS PART OF CAPITAL IMPROVEMENT PROJECT (CIP) 16-174 STREET IMPROVEMENTS (Acting Public Works Director Lucho Rodriguez and Environmental Analyst Leeanne Singleton) Page 8 City of Hermosa Beach Printed on 2/8/2019 February 12, 2019City Council Regular Meeting Agenda Recommendation:Staff recommends that the City Council provide direction to staff to either: 1. Affirm previous Council Direction on the design, pattern, and colors of the crosswalks in Downtown and Hermosa Avenue by: a. Authorizing the award of a construction contract to Shariden Design Asphalt Inc. in the amount of $284,562 to install crosswalk treatments on Hermosa Avenue between 10th and 14th Streets as part of Capital Improvement Project 16-174, and b. Authorizing the Acting Public Works Director to set aside up to a 10% contingency of $28,456 to approve change orders that may occur due unforeseeable project conditions; or 2. Direct staff to implement an alternative design/installation for the crosswalks at five downtown intersections on Hermosa Avenue between 10th and 14th Streets, which would consist of: a. Rejecting the current bids to install Duratherm/Decomark crosswalk treatments on Hermosa Avenue between 10th and 14th Streets as part of Capital Improvement Project 16-174, and b. Preparing new construction documents, issuing a new request for bids, and returning to Council with a new recommendation for award of a construction contract. The alternative implementation methods and estimated costs (based on similar or past projects) are described in further detail in the Discussion section of this report. 1. NOTICE INVITING BIDS Duratherm .pdf 2. Bid Opening Log Sheet.pdf 3. Low Bid Documents.pdf 4. DRAFT CONSTRUCTION AGREEMENT - Shariden Design Asphalt.pdf 5. Final Pier Hermosa Concept.jpg Attachments: e)REPORT 19-0066 APPROVE CONTRACT WITH UNITED STORM WATER INC TO PURCHASE AND INSTALL STORM DRAIN CATCH BASIN SCREEN DEVICES ON CITY AND COUNTY-OWNED STORM DRAINS (Environmental Analyst Kristy Morris and Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Find, based on the information contained in this report, competitive bidding would not produce any advantage and waive the competitive bidding requirement otherwise required; 2. Authorize the Acting Director of Public Works to execute a contract with United Storm Water for installation of connector pipe screens (CPS) on 123 catch basins for an amount not to exceed $58,855.50 in Phase 1, and additional CPS on 161 catch basins in Phase 2 if necessary for a not to exceed amount of $77,038.50; 3. Approve the transfer of $44,289 from CIP-417 in the Storm Drain Fund to the Capital Improvement Fund for Phase 2; and 4. Authorize the Acting Director of Public Works to approve changes within the approved budget amount. 1. RWQCB Review Letter and direction to implement trash monitoring and reporting plan.pdf 2. Map of City Storm Drains, Catch basins and Tributary Areas.pdf 3. City of Rancho Palos Verdes Bid Award.pdf 4. United Storm Water Quote.pdf 5. Draft Construction Agreement with United Stormwater.pdf Attachments: Page 9 City of Hermosa Beach Printed on 2/8/2019 February 12, 2019City Council Regular Meeting Agenda f)REPORT 19-0071 LEXIS NEXIS E-COMMERCE AND CROSSROADS AGREEMENT (Acting Police Chief Milton McKinnon) Recommendation:Staff recommends that the City Council accept the agreements with LexisNexis E-Commerce in partnership with Crossroads to provide Traffic Collision Report Writer and Database Analytics software. 1. Crossroads Software Cost Proposal 2. Hermosa Beach PD Agreement with Crossroads 3. LexisNexis Law Enforcement Agreement for E-Commerce only 4. LexisNexis E-Commerce Order 5. Accessing CA Collision Reports LexisNexis overview Attachments: 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a)19-0079 MAYOR ARMATO REPORTS ON HER ATTENDANCE AT THE 87TH WINTER MEETING OF THE UNITED STATES CONFERENCE OF MAYORS IN WASHINGTON D.C. FROM JANUARY 23-25, 2019 b)19-0067 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Councilmembers should consider the city's work plan when considering new items. a)19-0092 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda items. Tentative Future Agenda.pdfAttachments: ADJOURNMENT Page 10 City of Hermosa Beach Printed on 2/8/2019 February 12, 2019City Council Regular Meeting Agenda FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: February 26, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting March 6, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session March 9, 2019 - Saturday - Adjourned Regular Meeting: 9:00 AM - City Council Retreat March 12, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting March 18, 2019 - Monday - Adjourned Regular Meeting: 7:00 PM - Joint Meeting with School Board March 26, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting April 9, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting April 23, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting April 24, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - FY 2019-2020 Capital Improvement Program May 1, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session May 14, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting May 22, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Budget Workshop May 28, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting June 5, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session June 11, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting June 25, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting July 9, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting July 18, 2019 - Thursday - Adjourned Regular Meeting: 6:00 PM - Joint Meeting with All Boards and Commissions July 23, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting August 13, 2019 - Tuesday - No Meeting (Dark) August 27, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting September 4, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session September 10, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting Page 11 City of Hermosa Beach Printed on 2/8/2019 February 12, 2019City Council Regular Meeting Agenda CITY COUNCIL MEETINGS - CONTINUED: September 24, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting October 2, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session October 8, 2019 - Tuesday - No Meeting (Re-scheduled to Oct. 10) October 10, 2019 - Thursday - Adjourned Regular Meeting: 6:00 PM - Closed Session and 7:00 PM - City Council Meeting October 22, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting November 6, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session November 12, 2019 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting November 18, 2019 - Monday - Adjourned Regular Meeting: 6:00 PM - Closed Session and 7:00 PM - City Council Meeting November 21, 2019 - Thursday - Adjourned Regular Meeting: 6:00 PM - Mayor Rotation November 26, 2019 - Tuesday - No Meeting (Re-scheduled to Nov. 18) December 4, 2019 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Study Session December 10, 2019 - Tuesday - No Meeting (Re-scheduled to Dec. 12) December 12, 2019 - Thursday - Adjourned Regular Meeting: 6:00 PM - Closed Session and 7:00 PM - City Council Meeting December 24, 2019 - Tuesday - No Meeting (Dark) Page 12 City of Hermosa Beach Printed on 2/8/2019 February 12, 2019City Council Regular Meeting Agenda BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: February 19, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting March 4, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting March 5, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting March 19, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting March 20, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting April 2, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting April 16, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting May 6, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting May 7, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting May 15, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting May 21, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting June 4, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting June 18, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting July 2, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting July 8, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting July 16, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting July 17, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting August 6, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting August 20, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting September 3, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 9, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting September 17, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting September 18, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting October 1, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 15, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting November 4, 2019 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting November 5, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting November 19, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting November 20, 2019 - Wednesday - 7:00 PM - Public Works Commission Meeting December 3, 2019 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 9, 2019 - Tuesday - 7:00 PM - Planning Commission Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS: February 18, 2019 - Monday - President's Day May 27, 2019 - Monday - Memorial Day July 4, 2019 - Thursday - Independence Day September 2, 2019 - Monday - Labor Day November 11, 2019 - Monday - Veteran's Day November 28, 2019 - Thursday, Thanksgiving Day December 25, 2019 - Wednesday - Christmas Day January 1, 2020 - Wednesday - New Year's Day (2020) Page 13 City of Hermosa Beach Printed on 2/8/2019 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0080 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 RECOGNIZING HERMOSA BEACH GREEN BUSINESSES City of Hermosa Beach Printed on 2/8/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0095 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 HERMOSA AVENUE AND STRAND IMPROVEMENT PROJECT STATUS UPDATE AND TIMELINE City of Hermosa Beach Printed on 2/8/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0096 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 SUPER BOWL SUNDAY POWER OUTAGE, CAUSE, RESOLUTION AND NEXT STEPS City of Hermosa Beach Printed on 2/8/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0097 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 INFILTRATION PROJECT GENERAL STATUS UPDATE Attachment: Information Item Memorandum on Infiltration Project City of Hermosa Beach Printed on 2/8/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Information Item To:Mayor and City Council From: Nico De Anda-Scaia, Assistant to the City Manager CC: Suja Lowenthal, City Manager Date:February 12, 2019 Re:Update on Communications with the City Council Subcommittee regarding the Greenbelt Infiltration Project Introduction At the October 9, 2018 Hermosa Beach City Council meeting, Council considered alternative locations for the Greenbelt Infiltration Project. Following presentations from staff and consultants, public testimony, and deliberation by the City Council, unanimous direction was provided to: 1. Direct staff and the Redondo Beach Development Subcommittee, consisting of Mayor Armato and Councilmember Fangary, to jointly engage the City of Redondo and/or City of Torrance to discuss potential alternative site locations that include 1) relocating the infiltration project, at its current volume, outside of Hermosa Beach’s City boundaries or 2) dividing the infiltration project into multiple smaller projects totaling a similar stormwater capture volume, with an understanding that the division of projects may include one or more smaller scale projects in Hermosa Beach and/or the expansion of the Hermosa Beach Infiltration Trench Project currently in the Enhanced Watershed Management Plan. On November 6, 2018, the Redondo Beach City Council unanimously elected a Subcommittee comprised of Councilmember Christian Horvath and Councilmember Todd Loewenstein to meet with the City of Hermosa Beach Subcommittee. Discussion The Hermosa Beach and Redondo Beach Subcommittees, along with Redondo Beach Mayor Bill Brand, met on December 5, 2018 to discuss the scope of work 2 and current expenditures to date on the project, as well as the additional costs associated with further site assessments and developing an Environmental Impact Report in place of preparing a Mitigated Negative Declaration. Members of both subcommittees also discussed public and private parcels in Redondo Beach as potential alternative locations for the project. Following the discussion, Redondo Beach staff contacted SCE again to discuss the feasibility of their site for the infiltration project. SCE notified Redondo Beach staff that they would not allow this project on their parcel. Francisca Street was also discussed as a potential Redondo Beach site, however Redondo Beach staff expressed concern regarding the large number of utilities, potential soil contamination, and disruption to businesses during construction. On December 20, 2018, the State Water Resources Control Board (SWRCB) Prop 1 Grant Manager contacted City of Hermosa Beach staff to discuss concerns related to the progress of the project and outstanding project deliverables. On December 26, 2018, the Hermosa Beach Public Works Director received a Breach of Agreement notice that detailed deliverables and due dates. Staff immediately notified the City Manager and the Beach Cities Watershed Management Group. The City Manager notified City Council at their January 8, 2019 meeting. Staff submitted outstanding grant administration deliverables by the required deadlines and the SWRCB is requesting a deviation request form, revised time extension request form, new budget, revised schedule, and updates to all funding application attachments by February 28, 2019. Staff is currently preparing the requested materials to submit by the deadline. On February 4, 2019, staff met with staff from Redondo Beach, Manhattan Beach, and Torrance to discuss how to proceed expeditiously to retain the grant funding and achieve the permit requirements. At this meeting, the Manhattan Beach and Torrance Public Works Directors and Redondo Beach Assistant City Manager expressed that if the original memorandum of Understanding (MOU) for the project cannot be accomplished in Hermosa Beach, they would like the Hermosa Beach City Council to prepare a letter dissolving the MOU and forfeiting the grant because they are not confident that Hermosa Beach can site a project. This will require an amendment to EWMP and potentially a time scheduled order to meet the deadlines outlined in the permit. They also stated that they would like their funding contributions to be repaid, including those that have already been 3 expended on the project to date. Following this, each City discussed potentially addressing each portion of their run-off individually. Staff is requesting City Council receive and file this update and discuss this item at an upcoming City Council Meeting. From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Sunday, February 10, 2019 6:25 PM To: Ann Yang <anny@hermosabch.org> Subject: New eComment for City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) New eComment for City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) maria haase submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) City Manager Updates - Item: c) 19-0097 INFILTRATION PROJECT GENERAL STATUS UPDATE eComment: The attached document indicates: "Establish Financially Sustainable Storm Water Programs: This EWMP provides an overview of potentially available funding sources for programs proposed in the EWMP. The funding sources identified for consideration are grants, interagency partnerships, bonds, State Revolving Funds, local funding opportunities, and public private partnerships". Even though, as the Hermosa Beach City Manager's attachment states, "The project cannot be accomplished in Hermosa Beach", I believe that there are many funding sources that can be utilized to fund this project outside of Hermosa Beach. View and Analyze eComments 02/12/19 AGENDA, CITY MANAGER UPDATE - ITEM C: INFILTRATON PROJECT UPDATE SUPPLEMENTAL INFORMATION SUBMITTED BY THE CITY MANAGER'S OFFICE ON 02/11/19 AT 12:00 P.M. From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, February 12, 2019 2:29 PM To: Ann Yang <anny@hermosabch.org> Subject: New eComment for City Council Special Meeting (Closed Session - 5:30 P.M. and Open Session - 7:00 P.M.) New eComment for City Council Special Meeting (Closed Session - 5:30 P.M. and Open Session - 7:00 P.M.) Claudia Berman submitted a new eComment. Meeting: City Council Special Meeting (Closed Session - 5:30 P.M. and Open Session - 7:00 P.M.) City Manager Updates - Item: c) 19-0097 INFILTRATION PROJECT GENERAL STATUS UPDATE eComment: Can staff please start publishing the FAQ questions/answers on the city's website? It does not have to be complete. Just publish what is available and keep adding to it as more information is known. Thx! View and Analyze eComments C City Council Special Meeting Agenda February 12, 2019 Page 2 City of Hermosa Beach Printed on 2/11/2019 7:00 P.M. - REGULAR AGENDA CALL TO ORDER I call to order the February 12th Special Meeting of the City Council. PLEDGE OF ALLEGIANCE Will _____________ please lead us in the pledge of allegiance? ROLL CALL Roll call please. CLOSED SESSION REPORT Mr. City Attorney, will you deliver the closed session reports (for 1/31, 2/7 and 2/12)? ANNOUNCEMENTS Do any of my colleagues have announcements? [Mayor adds to City Attorney/Acting City Manager comments on North School Collaboration?] Tuesday, February 26th at 6:30pm: The Hermosa Beach and Manhattan Beach Police Officers Association are partnering with the Comedy & Magic Club to raise money for their first ever joint Baker to Vegas Challenge Cup Relay Team! Join them for a night of laughs and fun at the Comedy & Magic Club. For more information or to purchase tickets, please contact Sharon Stine at 310-318-0301 or sstine@hermosapolice.org APPROVAL OF AGENDA I would like to suggest moving item 6b (Julian Katz Bike Route) before item 6a (Fiesta Contract). City Council Special Meeting Agenda February 12, 2019 Page 2 City of Hermosa Beach Printed on 2/11/2019 PROCLAMATIONS / PRESENTATIONS a) 19-0080 RECOGNIZING HERMOSA BEACH GREEN BUSINESSES Last Spring the City Council accepted a grant to implement the California Green Business Network Certification Program for City of Hermosa Beach businesses. This nationally recognized program requires a business to implement green practices to consciously conserve resources through waste reduction, energy and water conservation, and pollution prevention. Tonight, we present our first group of 8 outstanding businesses to receive certification. This group represents our business leaders in sustainability and we congratulate them on meeting the rigorous certification criteria. [Kristy and Lisa Ryder to assist Mayor] Mayor presents City Certificates and Awards to: 1. The Cultured Slice 2. Cantelmo Architecture 3. Hi-Fi Espresso 4. Our Lady of Guadalupe 5. Fusion Academy 6. Green Store 7. Pilatesology 8. Spice Craze [Andrew Deblock presents certificates from Assemblymember Muratsuchi’s office to green businesses] [Photo opportunity for everyone] [Ask Andrew Deblock if he would like to present certificate from Assemblymember Muratsuchi’s office to Gila Katz now or wait until item 6b] City Council Special Meeting Agenda February 12, 2019 Page 2 City of Hermosa Beach Printed on 2/11/2019 MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) 19-0095 HERMOSA AVENUE AND STRAND IMPROVEMENT PROJECT STATUS UPDATE AND TIMELINE b) 19-0096 SUPER BOWL SUNDAY POWER OUTAGE, CAUSE, RESOLUTION AND NEXT STEPS c) 19-0097 INFILTRATION PROJECT GENERAL STATUS UPDATE Attachments: 1. Information Item Memorandum on Infiltration Project_021219 2. SUPPLEMENTAL eComment from Maria Haase (submitted 2-10-19 at 6:25pm).pdf 3. SUPPLEMENTAL MOU (added 2-11-19 at 12pm).pdf PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS: This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Miscellaneous Items and Reports – City Council and Other Matters), or to request the removal of an item from the consent calendar. Public comments on the agenda items called Miscellaneous Reports and Other Matters will only be heard at this time. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. Comments from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. City Council Special Meeting Agenda February 12, 2019 Page 2 City of Hermosa Beach Printed on 2/11/2019 a) REPORT CITY COUNCIL MEETING MINUTES 19-0090 (Deputy City Clerk Linda Abbott) Recommendation:Staff recommends that the City Council approve the following minutes: 1. Regular meeting of January 8, 2019 2. Adjourned Regular meeting of January 14, 2019 3. Regular meeting of January 22, 2019 Attachments: 1. 010819 draft min.docx 2. 011419 draft min.docx 3. 012219 draft min.docx b) REPORT CHECK REGISTERS 19-0074 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. Attachments: 1. 01-10-19 2. 01-17-19 3. 01-24-19 c) REPORT ACTION MINUTES OF THE PARKS, RECREATION AND 19-0093 COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 4, 2018 AND JANUARY 2, 2019 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 4, 2018 and January 2, 2019. Attachments: 1. PR Minutes 12.04.18.pdf 2. PR Minutes 1.2.2019.pdf d) REPORT ACTION MINUTES OF THE PUBLIC WORKS 19-0062 COMMISSION MEETINGS OF MAY 16, 2018, JULY 18, 2018, SEPTEMBER 19, 2018 AND NOVEMBER 28, 2018 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Public Works Commission meetings of May 16, 2018, July 18, 2018, September 19, 2018, and November 28, 2018. Attachments: 1. PWC action minutes 5-16-18 2. PWC action minutes 7-18-18 3. PWC action minutes 9-19-18 4. PWC action minutes 11-28-18 e) REPORT RECOMMENDATION TO REJECT CLAIM 19-0075 (Human Resources Manager Vanessa Godinez) Recommendation:Staff recommends that the City Council reject the following claim and refer it to the City's City Council Special Meeting Agenda February 12, 2019 Page 2 City of Hermosa Beach Printed on 2/11/2019 Liability Claims Administrator. Claimant: Nathan Carroll Date of Loss: 8/26/2018 Date Filed: 12/31/2018 Allegation: Claimant states a security guard working for Frontline Protection Services Inc. stole money and property from him while he was working as a photographer for the Hermosa Beach summer concert series. Attachments: Nathan Carroll_claim f) REPORT APPROVAL OF AGREEMENT BETWEEN 19-0087 THE CITY OF HERMOSA BEACH AND BURKE, WILLIAMS & SORENSEN, LLP FOR LEGAL SERVICES (Human Resources Manager Vanessa Godinez) Recommendation:Staff recommends that the City Council approve the contract with the law firm Burke, Williams & Sorensen, LLP to provide legal services in the area of labor negotiations to the City. Attachments: Legal Services Daphne Anneet Burke Williams 2019 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) REPORT APPROVAL OF 2019 IMPACT LEVEL III SPECIAL EVENT 19-0077 MARYMOUNT CALIFORNIA UNIVERSITY WOMEN’S VOLLEYBALL HOME BEACH GAMES (2/22, 3/15, 3/29 & 4/5); AND APPROVAL OF NEW IMPACT LEVEL II SPECIAL EVENTS: THE SOUTH BAY SURF SERIES (3/24); AND POR SANDY SAUTÉ (3/30); (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council hold a Public Hearing to approve the Parks, Recreation and Community Resources Advisory Commission's recommendation to approve the following 2019 special events: 1. Marymount California University Women's Volleyball Home Beach Games on Fridays, February 22, March 15 and 29, and April 5 on the volleyball courts north of the Pier (Impact Level III); 2. South Bay Surf Series on Sunday, March 24 on the beach south of the Pier (Impact Level II); and 3. POR Sandy Saut� on Saturday, March 30 on the beach north of the Pier (Impact Level II). City Council Special Meeting Agenda February 12, 2019 Page 2 City of Hermosa Beach Printed on 2/11/2019 Attachments: 1. 2019 Tentative Special Event Calendar 2. Marymount California University Women's Volleyball Home Beach Games Special Event Application 3. South Bay Surf Series Special Event Application 4. POR Sandy Saute Special Event Application 6. MUNICIPAL MATTERS a) REPORT APPROVAL OF THREE-YEAR AGREEMENT 19-0098 BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH CHAMBER OF COMMERCE FOR FIESTA HERMOSA EVENTS (Assistant to the City Manager Nico De Anda-Scaia) Recommendation:Staff recommends that the City Council: 1. Approve the attached three-year contract through 2021 between the City of Hermosa Beach and the Hermosa Beach Chamber of Commerce and Visitors Bureau for production of Fiesta Hermosa and other community events; 2. Approve and provide direction to staff regarding the re-allocation of all or a portion of Chamber funds donated to the City in FY 2014-2015 toward the purchase, installation and/or maintenance of citywide holiday decorations; and 3. Discuss and provide direction regarding the future/ongoing role of the City Council's ad-hoc Fiesta Subcommittee. Attachments: 1. 2019-2021 Fiesta Agreement Draft with Exhibits 2. 2019-2021 Fiesta Agreement Draft with Redline b) REPORT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 19-0064 HERMOSA BEACH, CALIFORNIA, DEDICATING THE SHARED ROADWAY "SHARROW LANE" IN THE NUMBER TWO LANE (OUTSIDE LANE) ON BOTH SIDES OF HERMOSA AVENUE FROM HERONDO STREET TO 24TH STREET AS THE “JULIAN KATZ BIKE ROUTE” (Environmental Analyst Kristy Morris) Recommendation:Staff recommends that the City Council: 1. Adopt a resolution dedicating the shared roadway "Sharrow Lane" in the number two lane (outside lane) on both sides of Hermosa Avenue from Herondo Street to 24th Street as the "Julian Katz Bike Route"; 2. Approve the installation of signage dedicating the "Julian Katz Bike Route"; and 3. Encourage staff to continue to implement the Bikeway Master Plan and Mini-Corral Plan. Attachments: 1. Resolution dedicating the “JULIAN KATZ BIKE ROUTE” 2. JK_Sign.pdf City Council Special Meeting Agenda February 12, 2019 Page 2 City of Hermosa Beach Printed on 2/11/2019 [Andrew Deblock presents certificate from Assemblymember Muratsuchi’s office to Gila Katz now if not presented during presentations] c) REPORT DOWNTOWN LIGHTING IMPROVEMENTS UPDATE 19-0081 (Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Approve the implementation of security lighting recommendations in the Crime Prevention Through Environmental Design (CPTED) Lighting Assessment Report; and 2. Approve the "Vintage Hermosa" lighting style for Pier Plaza and the downtown; and 3. Select Pier Plaza string lighting layout configuration and catenary lighting. Attachments: 1. CPTED LIghting Assessment Report.pdf 2. Lighting Design Concept Presenation.pdf 3. Parking Lot B Staff Alternative.pdf 4. String Lighting Options.pdf 5. Downtown Strategic Plan Implementation Budget Sheet d) REPORT AWARD OF CONSTRUCTION CONTRACT 19-0085 TO SHARIDEN DESIGN ASPHALT INC. TO INSTALL CROSSWALK TREATMENTS ON HERMOSA AVENUE BETWEEN 10TH AND 14TH STREETS AS PART OF CAPITAL IMPROVEMENT PROJECT (CIP) 16-174 STREET IMPROVEMENTS (Acting Public Works Director Lucho Rodriguez and Environmental Analyst Leeanne Singleton) Recommendation:Staff recommends that the City Council provide direction to staff to either: 1. Affirm previous Council Direction on the design, pattern, and colors of the crosswalks in Downtown and Hermosa Avenue by: a. Authorizing the award of a construction contract to Shariden Design Asphalt Inc. in the amount of $284,562 to install crosswalk treatments on Hermosa Avenue between 10th and 14th Streets as part of Capital Improvement Project 16-174, and b. Authorizing the Acting Public Works Director to set aside up to a 10% contingency of $28,456 to approve change orders that may occur due unforeseeable project conditions; or 2. Direct staff to implement an alternative design/installation for the crosswalks at five downtown intersections on Hermosa Avenue between 10th and 14th Streets, which would consist of: a. Rejecting the current bids to install Duratherm/Decomark crosswalk treatments on Hermosa Avenue between 10th and 14th Streets as part of Capital Improvement Project 16-174, and b. Preparing new construction documents, issuing a new request for bids, and returning to Council with a new recommendation for award of a construction contract. The alternative implementation methods and estimated costs (based on similar or past projects) are described in further detail in the Discussion section of this report. City Council Special Meeting Agenda February 12, 2019 Page 2 City of Hermosa Beach Printed on 2/11/2019 Attachments: 1. NOTICE INVITING BIDS Duratherm .pdf 2. Bid Opening Log Sheet.pdf 3. Low Bid Documents.pdf 4. DRAFT CONSTRUCTION AGREEMENT - Shariden Design Asphalt.pdf 5. Final Pier Hermosa Concept.jpg e) REPORT APPROVE CONTRACT WITH UNITED STORM WATER INC TO 19-0066 PURCHASE AND INSTALL STORM DRAIN CATCH BASIN SCREEN DEVICES ON CITY AND COUNTY-OWNED STORM DRAINS (Environmental Analyst Kristy Morris and Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Find, based on the information contained in this report, competitive bidding would not produce any advantage and waive the competitive bidding requirement otherwise required; 2. Authorize the Acting Director of Public Works to execute a contract with United Storm Water for installation of connector pipe screens (CPS) on 123 catch basins for an amount not to exceed $58,855.50 in Phase 1, and additional CPS on 161 catch basins in Phase 2 if necessary for a not to exceed amount of $77,038.50; 3. Approve the transfer of $44,289 from CIP-417 in the Storm Drain Fund to the Capital Improvement Fund for Phase 2; and 4. Authorize the Acting Director of Public Works to approve changes within the approved budget amount. Attachments: 1. RWQCB Review Letter and direction to implement trash monitoring and reporting plan.pdf 2. Map of City Storm Drains, Catch basins and Tributary Areas.pdf 3. City of Rancho Palos Verdes Bid Award.pdf 4. United Storm Water Quote.pdf 5. Draft Construction Agreement with United Stormwater.pdf f) REPORT LEXIS NEXIS E-COMMERCE AND CROSSROADS AGREEMENT 19-0071 (Acting Police Chief Milton McKinnon) Recommendation:Staff recommends that the City Council accept the agreements with LexisNexis E-Commerce in partnership with Crossroads to provide Traffic Collision Report Writer and Database Analytics software. Attachments: 1. Crossroads Software Cost Proposal 2. Hermosa Beach PD Agreement with Crossroads 3. LexisNexis Law Enforcement Agreement for E-Commerce only 4. LexisNexis E-Commerce Order 5. Accessing CA Collision Reports LexisNexis overview City Council Special Meeting Agenda February 12, 2019 Page 2 City of Hermosa Beach Printed on 2/11/2019 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) 19-0079 MAYOR ARMATO REPORTS ON HER ATTENDANCE AT THE 87TH WINTER MEETING OF THE UNITED STATES CONFERENCE OF MAYORS IN WASHINGTON D.C. FROM JANUARY 23-25, 2019 b) 19-0067 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Councilmembers should consider the city's work plan when considering new items. a) 19-0092 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda items. Attachments: Tentative Future Agenda.pdf ADJOURNMENT This meeting is adjourned. The next regular Council meeting is Tuesday, February 26th with Closed Session at 6pm followed by the Regular meeting at 7pm in the Council Chambers. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0090 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 CITY COUNCIL MEETING MINUTES (Deputy City Clerk Linda Abbott) Recommended Action: Staff recommends that the City Council approve the following minutes: 1.Regular meeting of January 8, 2019 2.Adjourned Regular meeting of January 14, 2019 3.Regular meeting of January 22, 2019 Attachments: The three sets of minutes listed above Submitted by: Linda Abbott, Deputy City Clerk Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 2/8/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Regular Meeting Minutes - draft Tuesday, January 8, 2019 6:00 PM Closed Session - 6:00 PM and Regular Meeting - 7:00 PM Councilmember Hany Fangary Teleconference Location: The Citizen Hotel, 926 J Street Sacramento California 95814 Meeting Location: City Hall Council Chambers City Council Mayor Stacey Armato Mayor Pro Tem Mary Campbell Councilmembers Hany S. Fangary Justin Massey Jeff Duclos City Council Meeting Minutes January 8, 2019 Page 2 of 11 City of Hermosa Beach Approved on 2/12/2019 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS 6:00 p.m. ROLL CALL Present:3 - Mayor Armato, Mayor Pro Tempore Campbell, and Councilmember Duclos Absent:2 - Councilmember Fangary, and Councilmember Massey* *Councilmember Massey arrived at 6:15 p.m. PUBLIC COMMENT None At this time, City Attorney Jenkins said Councilmember Fangary will not participate in the Closed Session (remotely) as he has recused himself from discussion on the Pier Avenue property item. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:02 p.m. 1.19-0026 MINUTES: Approval of minutes of Closed Session held on December 11, 2018. 2.19-0027 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: Airspace at 51 Pier Avenue (Loreto Plaza) City Negotiator: City Manager Negotiating Party: Pierside Properties, LLC Under Negotiation: Price and Terms of Payment for Lease of Airspace ADJOURNMENT OF CLOSED SESSION 6:50 p.m. City Council Meeting Minutes January 8, 2019 Page 3 of 11 City of Hermosa Beach Approved on 2/12/2019 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:04 p.m. PLEDGE OF ALLEGIANCE Scott Davey ROLL CALL Present:5 - Mayor Armato, Mayor Pro Tempore Campbell, Councilmember Fangary*, Councilmember Massey, and Councilmember Duclos Absent:0 *Councilmember Fangary was present via teleconference. CLOSED SESSION REPORT City Attorney Jenkins said no public comment was received prior to Closed Session, nothing was added to the agenda, and there were no reportable actions. ANNOUNCEMENTS Mayor pro tem Campbell spoke of her recent attendance at a Los Angeles County Sanitation District meeting, and said that in Mayor Armato's stead she will represent Hermosa at the groundbreaking ceremony for the new Skechers building at 1 p.m. Friday, January 11. Mayor Armato announced the following: *On November 29, 2018, the South Bay Cities Council of Governments presented the City of Hermosa Beach with the 2018 Energy Efficiency Award for continued excellence in municipal energy savings achievements; *Between January 8 and February 6, Metro is conducting a countywide NextGen Bus Study and will hold 10 public workshops. For more information, please visit www.metro.net/Nextgen; *Friday, January 11 through Sunday, January 13, 11 a.m.-6 p.m.: the downtown winter sidewalk sale, with special promotions and sales, discounted items and in-store activities for families throughout downtown Hermosa, and live music Saturday and Sunday at Java Man and Stars Antique Market; *Saturday, January 19, 8 a.m.-1 p.m.: a free document shredding event for Hermosa residents at the Community Center Parking Lot. There is no limit on how much you can bring but please remove all binder clips; and *Saturday, January. 19, 9 a.m.-3 p.m.: a free countywide household hazardous and e-waste roundup at Clark Stadium, Please check the City website for a list of items that will be accepted. APPROVAL OF AGENDA It was Council consensus to approve the agenda. City Council Meeting Minutes January 8, 2019 Page 4 of 11 City of Hermosa Beach Approved on 2/12/2019 PROCLAMATIONS / PRESENTATIONS a)19-0011 RECOGNIZING MIKE HEDRICK AND HOMAYOUN BEHBOODI FOR THEIR SERVICE TO THE CITY OF HERMOSA BEACH Public Works Director Kau shared their backgrounds and accomplishments and wished them happy retirement. Mayor Armato presented each retiree with a Certificate of Commendation. b)19-0024 PROCLAMATION RETRO-ACTIVELY RECOGNIZING NOVEMBER 16, 2018 AS THE DAY OF TOLERANCE IN HERMOSA BEACH Mayor Armato read aloud the Proclamation to Rabbi Yossi Mintz, who spoke of the importance of such recognition. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)19-0012 UPDATES TO THE CITY OF HERMOSA BEACH AGENDA PREPRATION PROCESS City Manager Lowenthal presented the update on streamlining the agenda process, and said speaker comment cards were introduced this evening. b)19-0023 INFILTRATION PROJECT UPDATE City Manager Lowenthal presented the update. City Manager Lowenthal also gave an update on the North School Project Environmental Impact Report. City Clerk Doerfling then thanked Deputy City Clerk Linda Abbott for her work in getting the minutes up-to-date. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Jake Ridout, Assemblymember Al Muratsuchi's Office Sarah Harper, Hermosa Library Manager Miyo Prassas City Council Meeting Minutes January 8, 2019 Page 5 of 11 City of Hermosa Beach Approved on 2/12/2019 Chris Miller Scott Davey Jim Lissner Pete Tucker, Beach Cities Toy Drive Mark Warshaw Blair Smith a)19-0030 SUPPLEMENTAL WRITTEN COMMUNICATION Attachments:1. SUPPLEMENTAL Written Communication from Chris Miller regarding North School EIR (added 1-7-19 at 5pm).pdf 2. SUPPLEMENTAL Information regarding Toy Drive Gift Wrapping Party submitted by Pete Tucker at meeting.pdf Motion Massey, seconded by Duclos to receive and file the written communication. Aye:4 - Mayor Armato, Campbell, Massey, and Duclos Absent:1 - Fangary (did not vote due to technical difficulties) 2. CONSENT CALENDAR: At this time (7:57 p.m)., Councilmember Fangary left the meeting due to technical difficulties. Motion Massey, seconded by Duclos to approve the Consent Calendar. Aye:4 - Mayor Armato, Campbell, Massey, and Duclos Absent:1 - Fangary a)REPORT CITY COUNCIL MEETING MINUTES 19-0004 (Deputy City Clerk Linda Abbott) Attachments:1. 072516 draft min.docx 2. 082716 Retreat draft minutes.docx 3. 120417 draft.docx 4. 120717 draft.docx 5. 042518 Budget Workshop draft.docx b)REPORT CHECK REGISTERS 19-0013 (Finance Director Viki Copeland) Attachments:1. 12-06-18 2. 12-13-18 City Council Meeting Minutes January 8, 2019 Page 6 of 11 City of Hermosa Beach Approved on 2/12/2019 c)REPORT REVENUE REPORT, EXPENDITURE REPORT, 19-0003 AND CIP REPORT BY PROJECT FOR NOVEMBER 2018 (Finance Director Viki Copeland) Attachments:1. Nov 2018 Revenue Report 2. Nov 2018 Expenditure Report 3. CIP Report by Project- Nov 2018 d)REPORT CITY TREASURER’S REPORT AND CASH BALANCE REPORT 19-0002 (City Treasurer Karen Nowicki) Attachments:1. November 2018 Treasurer's Report 2. November 2018 Cash Balance Report e)REPORT RECOMMENDATION TO REJECT CLAIM 19-0001 (Human Resources Manager Vanessa Godinez) Attachments:Brian Anstey claim_date of loss 6-26-18 3. CONSENT ORDINANCES a)REPORT ORDINANCE NO. 18-1389 - “AN ORDINANCE OF THE CITY OF 19-0005 HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 5.78 TO THE HERMOSA BEACH MUNICIPAL CODE (TOBACCO RETAILERS) REQUIRING LICENSURE OF TOBACCO RETAILERS AND LIMITING SALE OF ELECTRONIC SMOKING DEVICES AND FLAVORED TOBACCO PRODUCTS TO REDUCE THE ILLEGAL SALE OF TOBACCO TO YOUTH AND AMENDING SECTION 1.10.040 TO MAKE VIOLATIONS OF CHAPTER 5.78 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES” (City Clerk Elaine Doerfling) Attachments:18-1389 Tobacco Retailer Licensure-Limit Sales.docx Coming forward to address the Council on this item were: Paul Mance, Mickey's Deli owner Jacqueline Sun, Beach Cities Health District Policy Analyst Motion Duclos, seconded by Campbell to waive full reading and adopt by title Ordinance No. 18-1389. Aye:3 - Campbell, Massey, and Duclos City Council Meeting Minutes January 8, 2019 Page 7 of 11 City of Hermosa Beach Approved on 2/12/2019 No:1 - Mayor Armato Absent:1 - Fangary Motion Massey, seconded by Armato to direct staff to return with an amendment to the Ordinance to remove the exception of flavored tobacco product sales for tobacco retailers who prohibit patrons under 21 years of age into their establishments. Aye:3 - Campbell, Massey, and Duclos No:1 - Mayor Armato Absent:1 - Fangary 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION None 5. PUBLIC HEARINGS a)REPORT CONSIDERATION OF AN ORDINANCE TO ALLOW AND REGULATE 19-0015 WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY AND CORRESPONDING DESIGN STANDARDS, AND UPDATE ON AT&T’S PROPOSAL FOR MULTIPLE INSTALLATIONS OF SMALLER WIRELESS COMMUNICATION FACILITIES TO PROVIDE REPLACEMENT COVERAGE TO EXISTING SITES LOCATED AT 20TH AND 29TH COURT (Continued from meeting of September 25, 2018) (Assistant City Attorney Lauren Langer, Community Development Director Ken Robertson, and Public Works Director Glen Kau) Attachments:1. Draft Ordinance (Exhibit A) 2. Draft Design Standards (Exhibit B) 3. Photos of Sample Wireless Facility Designs- Prohibited and Allowed 4. Link to November 28, 2017, City Council staff report and attachments (Page 8 of Agenda, Municipal Matters Item c) 5. Link to January 26, 2016, City Council staff report and attachments (Page 11 of Agenda, Municipal Matters Item d) 6. Link to October 20, 2015, Planning Commission staff report and attachments (Section II Public Hearing Item 6) City Council Meeting Minutes January 8, 2019 Page 8 of 11 City of Hermosa Beach Approved on 2/12/2019 7. Link to July 21, 2015, Planning Commission staff report and attachments (Section II Public Hearing Item 6) 8. Link to January 27, 2015, City Council staff report 9. SUPPLEMENTAL eComment from Jim Sullivan (submitted 1-4-19 at 12:49pm).pdf 10. SUPPLEMENTAL Email from Pam Tatreau (added 1-7-19 at 3pm).pdf 11. SUPPLEMENTAL Email from David Grethen (added 1-8-19 at 2pm).pdf 12. SUPPLEMENTAL Letter from AT&T (added 1-8-19 at 4pm).pdf 13. SUPPLEMENTAL Letter from Verizon Wireless (added 1-8-19 at 4:30pm).pdf 14. SUPPLEMENTAL Letter from Crown Castle (added 1-8-19 at 4:30pm).pdf 15. SUPPLEMENTAL PowerPoint Presentation (added 1-8-19 at 8pm).pdf 16. SUPPLEMENTAL Information submitted by Joe Imbriano at meeting.pdf Assistant City Attorney Lauren Langer gave a PowerPoint presentation and responded to Council questions. Planning Manager Kim Chafin addressed the Council regarding the Ordinance. Gail Karish, Best Best & Krieger, responded to Council questions. The Public Hearing opened at 8:37 p.m. Coming forward to address the Council were: Joe Imbriano, 56dangers.com Gary Gileno Emily Murray, on behalf of AT&T Michael Cintron, Crown Castle Government Relations David Grethen Michelle Brower, Verizon Wireless Jim Lissner Bethany Guajardo Daniel Kordich The Public Hearing closed at 9:04 p.m. Motion Massey, seconded by Duclos: 1. To introduce for first reading the attached ordinance (Exhibit A) to amend the City Council Meeting Minutes January 8, 2019 Page 9 of 11 City of Hermosa Beach Approved on 2/12/2019 Municipal Code, Title 12 to regulate wireless telecommunication facilities in the public right of way, and determine the project is not subject to the California Environmental Quality Act, with the following revisions: *Clarify that facilities are permitted in the right of way adjacent to all zoning districts; *Clarify the application requirement for proof of owner’s authorization to use that pole or structure; *Clarify the application requirement that proprietary information can be redacted from private leases that are submitted with the application to show authorization to attach to a certain pole/structure; *Clarify the process for determining an application is incomplete; and *Require permittees to remove nonoperational equipment from the pole or structure where they attach equipment; 2. To direct staff bring to return (in the form of a resolution) with design standards for wireless telecommunication facilities in the public right of way; 3. To direct staff to bring back a master license agreement with a standard lease rate for use of any public property for these facilities; and 4. To direct Public Works staff to bring back an amendment to the master fee schedule to establish application fees and penalty fees. Aye:4 - Mayor Armato, Campbell, Massey, and Duclos Absent:1 - Fangary b)REPORT ADOPTION OF RESOLUTION APPROVING 19-0009 THE ALLOCATION OF APPROXIMATELY $71,298 OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SIDEWALK CURB RAMPS, AUTHORIZING USE OF CDBG FUNDS FOR CONTRACTORS, AND GRANTING THE PUBLIC WORKS DIRECTOR AUTHORITY TO SUBMIT A NOTICE OF COMPLETION (Community Development Director Ken Robertson) Attachments:1. Resolution Approving FY 2019-20 Budget 2. CIP-33 - 18-691 ADA Improvements - Various Locations Coming forward to address the Council on this item: David Grethen Motion Campbell and seconded by Duclos to adopt the FY 2019-20 budget resolution which: 1. Approves the FY 2019-2020 CDBG allocation of approximately $71,298; 2. Approves the allocation of approximately $71,298 of Federal CDBG funds in FY 2019-20 for the Americans with Disabilities Act (ADA) sidewalk ramp project; 3. Authorizes the use of CDBG funds in FY 2019-20 for a construction contractor and a Contract/Labor Compliance Officer to provide direct project related services, including, but not limited to, construction management and inspections; and 4. Grants the Public Works Director authority to submit a notice of completion once work is complete. City Council Meeting Minutes January 8, 2019 Page 10 of 11 City of Hermosa Beach Approved on 2/12/2019 Aye:4 - Mayor Armato, Campbell, Massey, and Duclos Absent:1 - Fangary 6. MUNICIPAL MATTERS a)REPORT APPROVAL TO IMPLEMENT THE VENDINI ONLINE 19-0006 TICKETING SERVICE FOR THE COMMUNITY THEATER AND 2ND STORY THEATER; AND RESOLUTION ESTABLISHING A PER TICKET SERVICE FEE AND A SETUP FEE FOR ITS USE BY RENTERS OF THE COMMUNITY THEATER AND 2ND STORY THEATER FACILITIES (Community Resources Manager Kelly Orta) Attachments:1. Vendini Member Services Agreement 2. Resolution 19-xxx Establishing Per Ticket and Set-up Fees 3. SUPPLEMENTAL Memo from Community Resources Manager Kelly Orta (added 1-8-19 at 4pm).pdf Motion by Campbell and seconded by Duclos to: 1. Approve the implementation of the Vendini online ticketing service for the Community Theater and 2nd Story Theater; and 2. Adopt Resolution No. 19-7159 establishing a per ticket service fee; and a setup fee for Vendini's use by renters of the Community Theater and 2nd Story Theater facilities. Aye:4 - Mayor Armato, Campbell, Massey, and Duclos Absent:1 - Fangary 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a)REPORT APPOINTMENT OF CITY REPRESENTATIVE 19-0008 TO THE LOS ANGELES COUNTY WEST VECTOR AND VECTOR-BORNE CONTROL DISTRICT BOARD (City Clerk Elaine Doerfling) Attachments:1. Trustee Info Sheet 2. SUPPLEMENTAL Memorandum and Attachment from Deputy City Clerk Linda Abbott (added 1-8-19 at 2pm).pdf Motion Campbell and seconded by Duclos to appoint James Fasola as Hermosa Beach representative to the Los Angeles County West Vector and Vector-Borne Control District Board for the January 1, 2019 through December 31, 2020 two-year term. City Council Meeting Minutes January 8, 2019 Page 11 of 11 City of Hermosa Beach Approved on 2/12/2019 Aye:4 - Mayor Armato, Campbell, Massey, and Duclos Absent:1 - Fangary b)REPORT CONSIDERATION OF APPOINTING A 19-0028 CITY COUNCIL REPRESENTATIVE TO SERVE ON THE NEW KHHR COMMUNITIES NETWORK COMMITTEE - A STANDING COMMITTEE CREATED BY THE CITY OF HAWTHORNE TO ADDRESS AIRPORT NOISE IMPACTS (City Manager Suja Lowenthal) Attachments:1. City of Hawthorne Resolution No. 8038 and 12-11-18 Staff Report.pdf 2. Link to City of Hawthorne 12-11-18 Meeting Video-Agenda Item No.13 3. Email from Guido Fernandez 12-14-18.pdf 4. Draft City of Hermosa Beach Appointment Letter.docx Motion Massey and seconded by Duclos to: 1. Appoint Mayor Armato as Council representative (with Mayor pro tem Campbell as alternate) to serve on the new KHHR Communities Network Committee; and 2. Authorize the City Manager to sign an official letter of appointment addressed to City of Hawthorne Interim City Manager, Arnold Shadbehr. Aye:4 - Mayor Armato, Campbell, Massey, and Duclos Absent:1 - Fangary 8. OTHER MATTERS - CITY COUNCIL None a)REPORT TENTATIVE FUTURE AGENDA ITEMS 19-0007 Attachments:Tentative Future Agenda.pdf It was Council consensus to receive and file the Tentative Future Agenda Items. ADJOURNMENT 10:33 p.m., in memory of Naoma Valdes, to the Monday, January 14, 2019 Adjourned Regular meeting (a joint study session of the Council and the Emergency Preparedness Advisory Commission) at 6 p.m. City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes – draft Monday, January 14, 2019 6:00 PM JOINT STUDY SESSION OF THE CITY COUNCIL AND EMERGENCY PREPAREDNESS ADVISORY COMMISSION (EPAC) Council Chambers City Council and EPAC Mayor Stacey Armato Mayor Pro Tem Mary Campbell Councilmembers: Hany S. Fangary, Justin Massey, Jeff Duclos Chair Gila Katz Vice Chair Dave Buckland Commissioners: Alan Benson, William Hallet, Nadine Skye-Davis, Michael Detoy City Council and EPAC Meeting Minutes January 14, 2019 Page 2 of 3 City of Hermosa Beach Approved on 2/12/2019 6:00 P.M. – STUDY SESSION CALL TO ORDER 6:07 p.m. PLEDGE OF ALLEGIANCE George Barks CITY COUNCIL ROLL CALL Present:5 - Mayor Armato, Mayor Pro Tempore Campbell, Councilmember Fangary, Councilmember Massey, and Councilmember Duclos Absent:0 EPAC ROLL CALL Present:6 - Chair Gila Katz, Vice Chair Dave Buckland, Commissioner Benson, Commissioner Hallet, Commissioner Skye-Davis, and Commissioner Detoy Absent:0 ANNOUNCEMENTS Mayor Armato invited everyone to a free event at 6:30 p.m., Wednesday, January 16 by Families Connected, “Grit, Resilience & a Growth Mindset” at the Redondo Union High School Auditorium. APPROVAL OF AGENDA It was Council consensus to approve the agenda. PUBLIC COMMENT Coming forward to address the Council/EPAC at this time were: Ken Hartley Jr. Laura Pizer Mains 1.REPORT 19-0010 DISCUSSION REGARDING THE ROLE OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION (EPAC) (City Manager Suja Lowenthal) Attachments:1. March 13, 2018 City Council Discussion - Item 7a 2. Hermosa Beach Ordinance 07-1277 Establishing EPAC 3. Municipal Code Chapter 2.38 Emergency Preparedness Advisory Commission City Council and EPAC Meeting Minutes January 14, 2019 Page 3 of 3 City of Hermosa Beach Approved on 2/12/2019 4. Hermosa Beach Ordinance 07-1283 EPAC/Increase Members 5. EPAC July 19, 2010 Discussion regarding meeting schedule 6. EPAC November 5, 2007 Goals and Objectives approval 7. EPAC Janaury 8, 2018 Goals and Objectives 8. Emergency Management Coordinator Job Description 9. Hermosa Beach Municipal Code Chapter 2.56 Emergency Services 10. City of Rancho Palos Verdes, Emergency Preparedness Committee Resolution 2008-61 11. City of Downey, Emergency Preparedness Committee disband memo 12. FEMA National Preparedness Goal 13. July 20, 2017 Joint City Council and EPAC meeting (audio only) 14. EPAC May 1, 2017 meeting regarding the disbanding of the commission 15. SUPPLEMENTAL eComment from Suz Moore (submitted 1-13-19 at 3pm)pdf.pdf 16. SUPPLEMENTAL email from Al Benson (added 1-14-19 at 4pm)pdf.pdf 17. SUPPLEMENTAL PowerPoint Presentation (added 1-14-19 at 6pm)pdf.pdf A QUESTIONS/COMMENTS FROM EPAC QUESTIONS/COMMENTS FROM CITY COUNCIL PUBLIC COMMENT Coming forward to address the Council/EPAC at this time were: George Barks Janice Brittain Jeffrey Smith Alice Villalobos Ken Hartley Jr. Jeff Robinson, Executive Director, Area G Disaster Management Staff was directed to return to Council with recommendations regarding the future roles and responsibilities of the Commission. ADJOURNMENT 9:50 p.m. City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Regular Meeting Minutes - draft Tuesday, January 22, 2019 6:00 PM Closed Session - 6:00 P.M. Regular Meeting - 7:00 P.M. Council Chambers City Council Mayor Stacey Armato Mayor Pro Tem Mary Campbell Councilmembers Hany S. Fangary Justin Massey Jeff Duclos City Council Meeting Minutes January 22, 2019 Page 2 of 10 City of Hermosa Beach Approved on 2/12/2019 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS 6:00 p.m. ROLL CALL Present:4 - Mayor Pro Tempore Campbell, Councilmember Fangary, Councilmember Massey, and Councilmember Duclos Absent:1 - Mayor Armato* *Mayor Armato arrived at 6:07 p.m. PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:01 p.m. 1.19-0052 MINUTES: Approval of minutes of Closed Session held on January 8, 2019. 2.19-0061 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation Government Code Section 54956.9(d)(2) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Workers Compensation Claim AdminSure Claim Number: 18-138433 3.19-0054 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Hermosa Fitness LLC v. City of Hermosa Beach Los Angeles County Superior Court, Case Number:18STCP02840 4.19-0055 CONFERENCE WITH LEGAL COUNSEL: Initiation of Litigation Government Code Section 54956.9(d)(4) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. City Council Meeting Minutes January 22, 2019 Page 3 of 10 City of Hermosa Beach Approved on 2/12/2019 Number of Potential Cases: 1 ADJOURNMENT OF CLOSED SESSION 7:05 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:13 p.m. PLEDGE OF ALLEGIANCE Chief Scott Hale, Los Angeles County Fire Department ROLL CALL Present:5 - Mayor Armato, Mayor Pro Tempore Campbell, Councilmember Fangary, Councilmember Massey, and Councilmember Duclos Absent:0 CLOSED SESSION REPORT Assistant City Attorney Christi Hogin said nothing was added to the agenda, there were no reportable actions, and there was no public comment received prior to Closed Session. ANNOUNCEMENTS Mayor pro tem Campbell spoke of her attendance at the following; *January 9 South Bay Cities Council of Governments (SBCCOG) Homeless Task Force meeting; *January 9 L.A. Noise roundtable meeting at LAX; *January 10 SBCCOG legislative breakfast meeting; *January 11 groundbreaking ceremony at Skechers, along with Councilmember Fangary and Planning Manager Kim Chafin; and *January 16 L.A. County Sanitation Districts Board of Directors meeting; and invited everyone to the annual SBCCOG assembly Thursday, February 28, 9 a.m.-3 p.m. Councilmember Fangary said he will report later this evening on his attendance at the January 6-9 California Contract Cities legislative tour in Sacramento. Councilmember Duclos thanked Kinetka for their donation to the recent LaLa Land event; and spoke of his attendance last week at the Beach Cities Partnership for Youth Coalition at City Council Meeting Minutes January 22, 2019 Page 4 of 10 City of Hermosa Beach Approved on 2/12/2019 American Martyrs Church in Manhattan Beach. Mayor Armato said she attended a recent meeting regarding Hawthorne Airport noise; thanked residents who signed up to participate in tomorrow evening’s Homeless Count; and invited participation at the January 26 “Put Your Guns Down” event at 7 p.m. at Manhattan Beach Community Church, in affiliation with Congregation Tikvat Jacob Beth Torah and Pacifica Institute. APPROVAL OF AGENDA Motion Massey, seconded by Armato to approve the agenda, with the exception of 6d, which was continued. Aye:4 - Mayor Armato, Campbell, Fangary, and Massey No: 1 - Duclos PROCLAMATIONS / PRESENTATIONS a)REPORT LOS ANGELES COUNTY FIRE SERVICES AND 19-0035 MCCORMICK AMBULANCE QUARTERLY UPDATE AND ANNUAL REVIEW (Emergency Management Coordinator Brandy Villanueva) Attachments:1. 2018 LACoFD Incident and McCormick Transports 2. Copy of 2018 AUTO AID - SOUTHBAY 3. LA County Fire Photos_2018 4. 2018 Annual Business Fire Inspection Program 5. 2018 Film Permits Chief Scott Hale presented the update and responded to Council questions. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Manager Lowenthal said Public Works Director Glen Kau has resigned and Lucho Rodriguez, Deputy City Engineer, has been named Acting Director. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time: City Council Meeting Minutes January 22, 2019 Page 5 of 10 City of Hermosa Beach Approved on 2/12/2019 Evon Gibson Jake Ridout, Assemblymember Al Muratsuchi's Office Sarah Harper, Hermosa Library Manager Jim Lissner Jim Rosenberger Susan Chatman, Los Angeles County Sanitation Districts a)19-0059 WRITTEN COMMUNICATION Attachments:Letter from Anthony Higgins regarding 2017 Plan-Hermosa failure to include CEQA truck-route environment impact analysis Anthony Higgins spoke to his letter. Motion Campbell, second Duclos to receive and file the written communication. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 2. CONSENT CALENDAR: Motion Duclos, second Armato to approve the Consent Calendar. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 a)REPORT CITY COUNCIL MEETING MINUTES 19-0044 (Deputy City Clerk Linda Abbott) Attachments:1. 060515-060615 draft min.docx 2. 010916 draft min.docx 3. 022316 draft min.docx 4. 030216 draft min.docx 5. 031716 draft min.docx 6. 031916-032016 draft min.docx 7. 041716 draft min.docx 8. 060116 draft min.docx 9. 070616 draft min.docx 10. 082416 draft min.docx 11. 091716 draft min.docx 12. 110216 draft min.docx 13. 042418 draft min.docx City Council Meeting Minutes January 22, 2019 Page 6 of 10 City of Hermosa Beach Approved on 2/12/2019 14. 121118 draft min.docx 15. 102918 draft Tri-Cities-BCHD Living Streets Design Manual min.pdf b)REPORT CHECK REGISTERS 19-0034 (Finance Director Viki Copeland) Attachments:1. 12-20-18 2. 12-27-18 3. 12-31-18 4. 01-03-19 c)REPORT MEMORANDUM REGARDING 19-0032 REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR DECEMBER 2018 (Finance Director Viki Copeland) d)REPORT CITY TREASURER’S REPORT AND CASH BALANCE REPORT 19-0056 (City Treasurer Karen Nowicki) Attachments:1. December 2018 Treasurer's Report 2. December 2018 Cash Balance Report e)REPORT CANCELLATION OF CERTAIN CHECKS 19-0039 (City Treasurer Karen Nowicki) f)REPORT ACCEPTANCE OF DONATIONS 19-0041 (Finance Director Viki Copeland) DATE DONOR AMOUNT PURPOSEDecember 5, 2018 KINECTA $20,000 La La Land Day 2018 g)REPORT PROJECT STATUS REPORT AS OF DECEMBER 31, 2018 19-0046 (Public Works Director Glen W.C. Kau) Attachments:December FY2018-19 - CIP Status h)REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 19-0033 (Community Development Director Ken Robertson) Attachments:Planning Commission Tentative Agenda for 2-19-19 City Council Meeting Minutes January 22, 2019 Page 7 of 10 City of Hermosa Beach Approved on 2/12/2019 i)REPORT ACTION SHEET OF THE PLANNING COMMISSION MEETING OF 19-0037 JANUARY 15, 2019 Attachments:Draft Minutes_011519 pdf j)REPORT ACTION MINUTES OF THE EMERGENCY PREPAREDNESS 19-0036 ADVISORY COMMISSION MEETING OF NOVEMBER 5, 2018 Attachments:Minutes - 110518 - November Meeting_FINAL k)REPORT REQUEST FOR APPROVAL OF SPONSORSHIP DONATION TO 19-0047 MIRA COSTA HIGH SCHOOL GRAD NITE 2019 (City Manager Suja Lowenthal) Attachments:2019 Mira Costa Grad Nite Donation Request and Sponsorship Form.pdf l)REPORT 2017-18 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 19-0038 (Including Report from Independent Auditor) (Finance Director Viki Copeland) Attachments:2017-18 Comprehensive Annual Financial Report_FINAL (secured) m)REPORT APPROVE CHANGES TO THE ASSOCIATE ENGINEER 19-0060 JOB DESCRIPTION (Human Resources Manager Vanessa Godinez) Attachments:Associate Engineer Job Description - Redlined 3. CONSENT ORDINANCES a)REPORT ORDINANCE NO. 19-1390 19-0048 “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 12, TO ADD CHAPTER 12.18, ‘WIRELESS FACILITIES IN PUBLIC RIGHTS OF WAY’ TO REGULATE WIRELESS FACILITIES IN THE PUBLIC RIGHT OF WAY” (City Clerk Elaine Doerfling) Attachments:1. 19-1390 Wireless-Right of Way 2. SUPPLEMENTAL Letter from Jim Lissner (added 1-22-19 at 1pm).pdf City Council Meeting Minutes January 22, 2019 Page 8 of 10 City of Hermosa Beach Approved on 2/12/2019 Motion Massey, seconded by Duclos to: 1. Waive full reading and adopt by title Ordinance No. 19-1390; 2. Direct staff to return with an amendment to the Ordinance section 1218.090.a28 to include the following language: "which removal shall include excess wiring and associated equipment (such as ‘snow shoes’)”; and 3. Direct staff to make any conforming changes necessary to the balance of the Ordinance to effectuate that change in the amendment. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION None 5. PUBLIC HEARINGS None 6. MUNICIPAL MATTERS a)REPORT RESOLUTION AUTHORIZING CITY CLERK SALARY ADJUSTMENT 19-0049 AND CONSIDERATION OF NOVEMBER 2019 BALLOT MEASURE FOR APPOINTED CITY CLERK (Assistant to the City Manager Nico De Anda-Scaia) Attachments:1. Draft Resolution #19-xxxx 2. Resolution 15-6967 - June 9, 2015 3. Resolution 15-6989 - July 28, 2015 4. California City Clerks List - Elected and Appointive Comparison Data 5. SUPPLEMENTAL Letter from Howard Longacre (added 1-22-19 at 6pm).pdf City Clerk Doerfling spoke to this item. Motion Duclos, seconded by Campbell to: 1.Adopt Resolution No. 19-7160 adjusting the compensation of the elected City Clerk back to its previous base salary rate as of June 9, 2015; and 2. Direct the City Attorney to bring back to the City Council the resolution required for placing a ballot question on the November 2019 General Municipal Election, asking voters to change the elected City Clerk position to an appointed office. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 City Council Meeting Minutes January 22, 2019 Page 9 of 10 City of Hermosa Beach Approved on 2/12/2019 b)REPORT APPROVAL OF FOURTH AMENDMENT TO 18-0749 THE CHAMBER OF COMMERCE WEDNESDAY FARMERS’ MARKET AGREEMENT INCLUDING TERM EXTENSION AND LANGUAGE UPDATES REGARDING MARKET VENDORS (Continued from meeting of December 11, 2018) (Community Resources Manager Kelly Orta) Attachments:1. Current Wednesday Farmers Market Agreement and Extension Letters 2. Fourth Amendment to Wednesday Farmers Market Agreement 3. Mark Anderson Presentation Farmer Mark gave a PowerPoint presentation and responded to Council questions. Maureen Hunt, Hermosa Chamber of Commerce President & CEO, responded to Council questions. Motion Campbell, seconded by Massey to: 1. Approve the fourth amendment to the Chamber of Commerce Wednesday Farmers' Market agreement, including the following changes: 1. Term extension to June 16, 2020; and 2. Updated vendor language to include clear guidelines on the composition of permitted vendors. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 c)REPORT APPROVAL TO IMPLEMENT AN ANNUAL SKATE 19-0043 PARK MEMBERSHIP PROGRAM AND RESOLUTION ESTABLISHING AN ANNUAL SKATE PARK MEMBERSHIP FEE AND MEMBERSHIP CARD REPLACEMENT FEE (Community Resources Manager Kelly Orta) Attachments:Resolution 19-xxx Establishing a Skate Park Membership Fee & Membership Card Replacement Fee Motion Duclos, seconded by Campbell to: 1. Approve the implementation of an annual Skate Park Membership program; and 2. Adopt Resolution No. 19-7161 establishing an annual Skate Park Membership fee and a Skate Park Membership Card Replacement fee. Aye:5 - Mayor Armato, Campbell, Fangary, Massey, and Duclos Absent:0 City Council Meeting Minutes January 22, 2019 Page 10 of 10 City of Hermosa Beach Approved on 2/12/2019 d)REPORT 19-0045 PURCHASE OF POLICE DEPARTMENT VEHICLES (Acting Police Chief Milton McKinnon) Attachments:1. National Auto Fleet Toyota Tacoma 2. DriveClean.ca.gov-vehicle rating 3. 911vehicle Command Vehicle outfitting quote 4. Pictures of Buena Park command vehicle 5. Long Beach BMW motorcycle quote This item was continued. 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a)19-0051 COUNCILMEMBER FANGARY REPORTS ON HIS ATTENDANCE AT THE CALIFORNIA CONTRACT CITIES ASSOCIATION LEGISLATIVE TOUR IN SACRAMENTO FROM JANUARY 7-9, 2019 Attachments:CCCA President's Message on Legislative Tour Mayor Armato left the meeting at 9:11 p.m. b)19-0050 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL a)19-0057 COUNCILMEMBER DUCLOS REQUESTS THAT THE CITY COUNCIL CONSIDER HOLDING A JOINT STUDY SESSION WITH THE BEACH CITIES HEALTH DISTRICT TO DISCUSS YOUTH HEALTH ISSUES Councilmember Duclos spoke to his request, garnering support from Fangary and Massey. b)19-0058 TENTATIVE FUTURE AGENDA ITEMS Attachments:Tentative Future Agenda.pdf It was Council consensus to receive and file the Tentative Future Agenda Items. ADJOURNMENT 9:27 p.m. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0074 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: Staff recommends that the City Council ratify the following check registers. Attachments: 1.Check Register 1/10/19 2.Check Register 1/17/19 3.Check Register 1/24/19 Approved: Viki Copeland, Finance Director City of Hermosa Beach Printed on 2/8/2019Page 1 of 1 powered by Legistar™ 01/10/2019 Check Register CITY OF HERMOSA BEACH 1 2:08:05PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90936 1/10/2019 AT&T 000012339282 PD COMPUTER CIRCUITS 11/13/18-12/12/1800321 001-2101-4304 138.54 Total : 138.5400321 90937 1/10/2019 CRITERION PICTURES USA P16288 COMMUNITY MOVIE NIGHT/LICENSING/HOME ALO20053 001-4601-4308 275.00 Total : 275.0020053 90938 1/10/2019 DUDEK 20188073 (PO 12424) CITY YARD REMEDIATION/NOV1820611 001-8615-4201 450.00 Total : 450.0020611 90939 1/10/2019 EASY READER Statement No. 4661 MAT REQ 973738/LEGAL ADS/DEC1800181 001-1121-4323 876.38 Total : 876.3800181 90940 1/10/2019 FEDERAL EXPRESS CORP 6-420-67557 MAT REQ 773751/OVERNIGHT TO IRS01962 001-1202-4305 44.03 Total : 44.0301962 90941 1/10/2019 FRONTIER 310-318-0113-1203155 EOC ANALOG LINES/JAN1919884 715-1206-4201 1,763.77 Total : 1,763.7719884 90942 1/10/2019 HARRIS & ASSOCIATES 39668 (PO 7144)8TH STREET IMPROVEMENTS/NOV1802102 122-8173-4201 736.25 Total : 736.2502102 90943 1/10/2019 HERMOSA ANIMAL HOSPITAL Mat Req 863265 EMERGENCY VET SERVICES/AUG18-NOV1800322 001-3302-4201 180.00 Total : 180.0000322 90944 1/10/2019 HOPE CHAPEL Receipt 1001790.002 REFUND/GYM SECURITY DEPOSIT/CLASS 349519728 001-2111 107.00 Total : 107.0019728 90945 1/10/2019 INGLEWOOD WHOLESALE ELECTRIC 259200-00 ELECTRICAL SUPP/ NOV 18, MAT REQ 87336702458 001-6101-4309 613.20 2b (1) 01/10/2019 Check Register CITY OF HERMOSA BEACH 2 2:08:05PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 613.20 90945 1/10/2019 INGLEWOOD WHOLESALE ELECTRIC02458 90946 1/10/2019 KALTSAS, DEMETRIOS Receipt 10018333.002 REFUND/GYM SECURITY DEPOSIT/CLASS 356416632 001-2111 107.00 Total : 107.0016632 90947 1/10/2019 LEARNED LUMBER B647150 & B647279 MAT REQ 669841/673903/MAINT SUPPLIES00167 001-4204-4309 500.49 Total : 500.4900167 90948 1/10/2019 LOPATA, CALEN Receipt 002-00027536 REFUND/WITHDRAWN PERMIT NO. B18-0026718727 001-3204 122.24 Total : 122.2418727 90949 1/10/2019 OSORIO, JAMES PO 32793 TRAINING: CANINE ENCOUNTERS FOR LAW ENFO21179 001-2101-4317 19.95 Total : 19.9521179 90950 1/10/2019 PACIFIC FLOOR CO 5992 (PO 14866)COMMUNITY CENTER GYM FLOOR RESURFACING18714 001-4601-4201 2,436.00 Total : 2,436.0018714 90951 1/10/2019 PETTY CASH PO 32837 PETTY CASH REPLENISHMENT/DEC 1818547 001-1121-4317 15.00 001-1201-4305 9.85 001-1201-4315 40.00 001-1202-4305 24.08 001-1204-4305 24.62 001-2101-4305 81.08 001-3302-4201 74.89 001-3302-4305 86.44 001-4101-4305 21.86 001-4101-4317 24.00 001-4201-4315 95.00 001-4202-4317 79.46 001-4601-4201 58.52 001-4601-4308 89.30 715-2101-5403 70.76 001-4601-4317 47.71 01/10/2019 Check Register CITY OF HERMOSA BEACH 3 2:08:05PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 842.57 90951 1/10/2019 PETTY CASH18547 90952 1/10/2019 PITNEY BOWES INC 1010525130/PO 14540 POSTAGE METER SCALE RENTAL/JUL1-DEC1813838 715-1208-4201 57.00 POSTAGE METER RENTAL/OCT18-DEC183102653416/PO 14540 715-1208-4201 644.18 Total : 701.1813838 90953 1/10/2019 PROSUM TECHNOLOGY SERVICES SIN018180/PO 14229 MARK 43 IMPLEMENTATION 10/29/18-11/11/1811539 715-2101-5405 1,760.00 Total : 1,760.0011539 90954 1/10/2019 PROVIDENCE MEDICAL INSTITUTE Mat Req 549599 EMPLOYEE FIRST AID/OCT1701911 001-1203-4320 478.00 Total : 478.0001911 90955 1/10/2019 PVP COMMUNICATIONS INC 124989 (PO 14648)RADIO EQUIPMENT FOR MOTORCYLES & HELMETS08364 715-2101-5405 5,229.33 Total : 5,229.3308364 90956 1/10/2019 SCHOOL OF SKILLS Receipt 1001963.002 REFUND/GYM SECURITY DEPOSIT/CLASS 368121207 001-2111 107.00 Total : 107.0021207 90957 1/10/2019 SITEONE LANDSCAPE SUPPLY 88248513 to 88383667 LANDSCAPING SUPPLIES/DEC1819829 001-6101-4309 1,414.26 Total : 1,414.2619829 90958 1/10/2019 SOUTH BAY REGIONAL PUBLIC COMM 03509 (PO 14175)DISPATCH SERVICES/JAN19-MAR1908812 001-2101-4251 186,398.60 001-3302-4251 20,711.03 Total : 207,109.6308812 90959 1/10/2019 STANLEY SECURITY SOLUTIONS 16134722 (PO 14706)PROPERTY/EVIDENCE ROOM/2 CAMERAS16806 715-2101-5405 4,005.64 Total : 4,005.6416806 90960 1/10/2019 STAPLES ADVANTAGE 8052223957 EVIDENCE SUPPLIES/WALL CALENDAR09532 001-2101-4305 171.72 001-1202-4305 16.41 01/10/2019 Check Register CITY OF HERMOSA BEACH 4 2:08:05PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 188.13 90960 1/10/2019 STAPLES ADVANTAGE09532 90961 1/10/2019 TORRANCE AUTO PARTS 206241 to 207142 AUTO REPAIR/MAINTENANCE PARTS/DEC1816735 715-2101-4311 60.60 715-4206-4309 27.89 715-6101-4311 82.71 Total : 171.2016735 90962 1/10/2019 UPS 000023R146528 MAT REQ 873446/CITATION WRITER REPAIR14148 001-3302-4309 16.72 Total : 16.7214148 90963 1/10/2019 UPTIME COMPUTER SERVICE 31248 PRINTER MAINTENANCE/FEB1904768 715-1206-4201 943.00 Total : 943.0004768 90964 1/10/2019 VERIZON BUSINESS SERVICES 71002628 VOIP PHONES/BARD/NOV1818666 001-3302-4304 69.29 VOIP PHONES/BASE 3/NOV1871002736 001-3302-4304 108.08 VOIP PHONES/EOC GYM/NOV1871003040 001-1201-4304 61.38 Total : 238.7518666 90965 1/10/2019 WESTERN GRAPHIX 51265 MAT REQ 549598/EMPLOYEE ID CARDS02873 001-1203-4305 53.78 Total : 53.7802873 90966 1/10/2019 WOMEN LEADERS IN LAW ENFORCEME PO 32813 PAPA/ANNUAL MEMBERSHIP RENEWAL20847 001-2101-4315 50.00 Total : 50.0020847 Bank total : 231,679.04 31 Vouchers for bank code :boa 231,679.04Total vouchers :Vouchers in this report 31 01/10/2019 Check Register CITY OF HERMOSA BEACH 5 2:08:05PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 5 inclusive, of the check register for 1/10/19 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 1/29/19 Charlotte Newkirk for 01/17/2019 Check Register CITY OF HERMOSA BEACH 1 5:13:29PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90967 1/17/2019 ANDRADE, CECELIA PO 32820 DISMISSED CITATION NO. 4000076821202 001-3302 78.00 Total : 78.0021202 90968 1/17/2019 AT&T 248 134-9454 462 8 PD WHITE PAGE LISTING/JAN1900321 001-2101-4304 13.98 PD COMPUTER CIRCUITS/JAN19960-461-1985 555 7 001-2101-4304 108.62 Total : 122.6000321 90969 1/17/2019 BARROWS, PATRICK PO 32846 INSTRUCTOR PAYMENT/CLASS NOS. 7915/791717271 001-4601-4221 1,249.50 Total : 1,249.5017271 90970 1/17/2019 BEAN, SHIHO Parcel 4188-012-082 STREET LIGHT & SEWER TAX REBATE17196 001-6871 121.69 105-3105 24.61 Total : 146.3017196 90971 1/17/2019 BRAUN LINEN SERVICE 1507664 to 1512162 PRISONER LAUNDRY/DEC1800163 001-2101-4306 228.60 Total : 228.6000163 90972 1/17/2019 BRITTON, BRYN Receipt 1003042.002 SECURITY DEPOSIT REFUND/CLASS NO. 448721215 001-2111 111.00 Total : 111.0021215 90973 1/17/2019 BURT, ADAM PO 32847 INSTRUCTOR PAYMENT/PERMIT 324007109 001-4601-4221 1,925.88 Total : 1,925.8807109 90974 1/17/2019 CALIFORNIA MARKING DEVICE 6167/Mat Req 773267 4 OUT OF SERVICE MAGNETS FOR PD VEHICLES00262 715-2101-4311 109.50 Total : 109.5000262 90975 1/17/2019 CALIFORNIA WATER SERVICE Account 4286211111 WATER USAGE/NOV1800016 105-2601-4303 5,425.92 001-6101-4303 19,449.39 001-4204-4303 1,318.712b (2) 01/17/2019 Check Register CITY OF HERMOSA BEACH 2 5:13:29PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90975 1/17/2019 (Continued)CALIFORNIA WATER SERVICE00016 001-3304-4303 258.31 Total : 26,452.3300016 90976 1/17/2019 CDWG QNQ0055 MAT REQ 649684/PRINTER INK/TONER09632 715-1206-4305 2,260.22 Total : 2,260.2209632 90977 1/17/2019 CHARM-TEX 0180041-IN PO 14959/REPLACEMENT MATTRESS FOR JAIL19277 001-2101-4306 106.90 Total : 106.9019277 90978 1/17/2019 CORDOVA, JOHN PO 32828 SPRING 2019 TUITION REIMBURSEMENT14850 001-4202-4317 3,375.00 Total : 3,375.0014850 90979 1/17/2019 COUNTY OF LOS ANGELES PO 32800 ANNUAL BACKFLOW PREVENTION TEST/CERTIFY12964 001-6101-4251 222.00 Total : 222.0012964 90980 1/17/2019 COUNTY OF LOS ANGELES PO 32849 CEQA EXEMPTION/220-222 27TH ST.20834 001-4101-4201 75.00 Total : 75.0020834 90981 1/17/2019 COUNTY OF LOS ANGELES PO 32848 CEQA EXEMPTION/320 MASSEY ST.20834 001-4101-4201 75.00 Total : 75.0020834 90982 1/17/2019 DAVEY RESOURCE GROUP, INC.77327 (PO 14546)TREEKEEPER SUBSCRIP/NOV19-NOV2421085 301-4202-4201 11,000.00 Total : 11,000.0021085 90983 1/17/2019 DEPARTMENT OF CONSERVATION PO 32859 STRONG MOTION MAPPING FEES JUL18-DEC1800049 001-3204 3,354.07 Total : 3,354.0700049 90984 1/17/2019 DIPANE, VINCENT J.18-020-A CPR/AED TRAINING FOR 8 STAFF MEMBERS16829 001-1201-4317 480.00 Total : 480.0016829 01/17/2019 Check Register CITY OF HERMOSA BEACH 3 5:13:29PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90985 1/17/2019 DISPENSING TECHNOLOGY CORP 11797 PALLET OF ASPHALT13766 001-3104-4309 783.00 001-3104-4309 65.84 Total : 848.8413766 90986 1/17/2019 FRONTIER 310-318-8751-0128095 CASHIER TAPS LINE/JAN1919884 001-1204-4304 51.76 EOC CABLE & INTERNET/JAN19323-159-2268-0924145 001-1201-4304 289.20 Total : 340.9619884 90987 1/17/2019 GALLS LLC BC0720983 MAT REQ 773253/CSO MALIA/UNIFORM/EQUIP01320 001-3302-4314 555.25 Total : 555.2501320 90988 1/17/2019 GENERAL ELECTRIC COMPANY 1170226379/PO 13494 CITYWIDE STREET LIGHT SYS/SALES TAX DUE20945 105-2601-4201 438.90 CITYWIDE STREET LIGHT SYSTEM/JAN18-DEC181170431708 105-2601-4201 4,620.00 105-2601-4201 438.90 Total : 5,497.8020945 90989 1/17/2019 GRAINGER 9036422476 MAT REQ 773406/FUSES10836 715-4206-4309 32.32 Total : 32.3210836 90990 1/17/2019 HALL, KEVIN PO 32816 DISMISSED CITATION NO. 3100648821197 001-3302 48.00 Total : 48.0021197 90991 1/17/2019 HEENAN, JIM PO 32850 MILEAGE/BUILDING CODE CLASS20832 001-4201-4317 133.84 Total : 133.8420832 90992 1/17/2019 HODGES, ALBERT Parcel 4161-027-039 STREET LIGHT & SEWER TAX REBATE07027 001-6871 121.69 105-3105 24.61 Total : 146.3007027 90993 1/17/2019 LEONARD CALVO, GERALDINE MARCHARD ORPO 32821 DISMISSED CITATION NO. 3600099621200 01/17/2019 Check Register CITY OF HERMOSA BEACH 4 5:13:29PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90993 1/17/2019 (Continued)LEONARD CALVO, GERALDINE MARCHARD OR21200 001-3302 53.00 Total : 53.0021200 90994 1/17/2019 LEXISNEXIS RISK DATA MGMT INC 1114400-20181231 PD/INFORMATION SERVICES/DEC1812482 001-2101-4201 74.25 Total : 74.2512482 90995 1/17/2019 LIEBERT CASSIDY WHITMORE 1470100 LEGAL SERVICES/PERSONNEL/NOV1802175 001-1203-4201 4,292.70 LEGAL SERVICES/PERSONNEL/NOV181470101 001-1203-4201 8,507.70 LEGAL SERVICES/PERSONNEL/NOV181470102 001-1203-4201 196.50 LEGAL SERVICES/PERSONNEL/NOV181470103 001-1203-4201 56.00 Total : 13,052.9002175 90996 1/17/2019 MCGOWAN CONSULTING LLC HB-MS4-1819-03 PO 14766/STORM WATER MGMT/OCT18-NOV1814041 161-3109-4201 8,662.70 Total : 8,662.7014041 90997 1/17/2019 OFFICE DEPOT 247166844001 MAT REQ 863061/WATER PITCHER FILTERS13114 001-4101-4305 48.38 MAT REQ 863061/OFFICE/KITCHEN SUPPLIES247168748001 001-4201-4305 51.90 MAT REQ 973736/OFFICE SUPPLIES248276828001 001-1121-4305 62.59 MAT REQ 863445/LAMINATION SHEETS248645004001 001-4601-4305 71.74 MAT REQ 863445/LAMINATION SHEETS248645140001 001-4601-4305 21.92 MAT REQ 549858/OFFICE SUPPLIES249616547001 001-4202-4305 57.67 MAT REQ 773901/OFFICE SUPPLIES249888933001 001-4601-4305 69.07 NEW OFFICE CHAIR FOR CITY YARD251524477001 001-4202-4305 152.99 001-4202-4305 14.53 01/17/2019 Check Register CITY OF HERMOSA BEACH 5 5:13:29PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90997 1/17/2019 (Continued)OFFICE DEPOT13114 MAT REQ 773268/DESK CALENDAR/BLUE PAPER252070041001 001-2101-4305 25.16 MAT REQ 773268/BLACK PELICAN CASE W/FOAM252070589001 001-2101-4305 62.35 MAT REQ 549600/DATE STAMP253164295001 001-1203-4305 64.05 MAT REQ 773269/OFFICE SUPPLIES253586555001 001-2101-4305 80.29 MAT REQ 873369/AIR FRESHENER/CALENDAR253649619001 001-4202-4305 66.63 MAT REQ 649762/FILE FOLDERS/POST-ITS256540224001 001-4101-4305 39.99 MAT REQ 549860/COFFEE257405077001 001-4202-4305 9.18 Total : 898.4413114 90998 1/17/2019 PARKPACIFIC, INC.PO 13182 25 TREE GRATES/HERMOSA AVE/50% DEPOSIT21213 301-8670-4201 16,151.57 Total : 16,151.5721213 90999 1/17/2019 PAZ, ALEJANDRO J PO 32818 COMM CTR FOUNTAIN MAINT/JAN19-JUN1919611 001-4204-4201 700.00 Total : 700.0019611 91000 1/17/2019 PETRESKY, SHARI Parcel 4184-004-025 STREET LIGHT TAX REBATE17407 105-3105 24.61 Total : 24.6117407 91001 1/17/2019 PFEIFER, EDITH Parcel 4187-013-004 STREET LIGHT & SEWER TAX REBATE09791 001-6871 121.69 105-3105 24.61 Total : 146.3009791 91002 1/17/2019 POSTMASTER PO 32802 BULK MAIL PERMIT NO. 460 REPLENISHMENT18447 001-1204-4305 5,000.00 Total : 5,000.0018447 91003 1/17/2019 PRAVEEN, NARAYANA PO 32840 DISMISSED CITATION NO. 3100693821205 001-3302 53.00 01/17/2019 Check Register CITY OF HERMOSA BEACH 6 5:13:29PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 53.00 91003 1/17/2019 PRAVEEN, NARAYANA21205 91004 1/17/2019 PRUDENTIAL OVERALL SUPPLY 42355062 to 42364378 YARD UNIFORMS, TOWELS, &/OR MATS/DEC1817676 001-2101-4309 99.24 001-3104-4309 72.54 001-3302-4309 89.34 001-4204-4309 239.88 715-4206-4309 59.04 001-4202-4314 604.16 Total : 1,164.2017676 91005 1/17/2019 RED SECURITY GROUP, LLC 55075 MAT REQ 773411/DUPLICATE KEYS13255 715-2101-4311 11.77 MAT REQ 773405/DUPLICATE KEYS55078 715-2101-5403 9.86 Total : 21.6313255 91006 1/17/2019 ROBERTSON, KEN PO 32852 REIMB/PARKING/ARBITRATION HEARING14934 001-4101-4201 35.20 Total : 35.2014934 91007 1/17/2019 SEIBERT, ILONA Parcel 4187-017-009 STREET LIGHT & SEWER TAX REBATE20581 001-6871 121.69 105-3105 24.61 Total : 146.3020581 91008 1/17/2019 SIRCHIE FINGER PRINT LABS 0375716-IN PO 14951/SYRINGE COLLECTION TUBES02186 001-2101-4305 150.77 Total : 150.7702186 91009 1/17/2019 SMART AND FINAL IRIS COMPANY 3220630015626 REQ 863262/COFFEE/CUPS/CREAMER FOR JAIL00114 001-2101-4305 79.27 REQ 863263/CUPS/CREAM FOR BRIEFING ROOM3220630016480 001-2101-4305 26.87 MAT REQ 863371/EXCURSION GOODY BAGS3220630017118 001-4601-4308 63.47 MAT REQ 863443/PLATES/CUPS/PAPER TOWELS3220630024646 001-4601-4305 38.62 REQ 863442/LINT ROLLER FOR YOGA EQUIP3220630024647 001-4601-4328 7.65 01/17/2019 Check Register CITY OF HERMOSA BEACH 7 5:13:29PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91009 1/17/2019 (Continued)SMART AND FINAL IRIS COMPANY00114 REQ 863374/COMM MOVIE NIGHT REFRESHMENTS3220630026963 001-4601-4308 30.96 MAT REQ 863450/COFFEE/CLEANING SUPPLIES3220630045869 001-4601-4305 57.41 MAT REQ 863449/SENIOR CENTER SUPPLIES3220630045870 001-4601-4328 70.29 MAT REQ 873445/BASE 3 CLEANING SUPPLIES3220630058303 001-3302-4309 87.39 Total : 461.9300114 91010 1/17/2019 SOUTHERN CALIFORNIA EDISON CO 2-00-989-6911 ELECTRICITY/DEC1800159 105-2601-4303 141.92 ELECTRICITY/DEC182-00-989-7315 105-2601-4303 10,903.78 001-4204-4303 1,143.21 105-2601-4303 2,912.86 001-4204-4303 1,568.47 ELECTRICITY/DEC182-01-836-7458 105-2601-4303 16.00 ELECTRICITY/DEC182-02-274-0542 001-6101-4303 26.36 ELECTRICITY/DEC182-08-629-3669 001-4204-4303 66.65 ELECTRICITY/DEC182-09-076-5850 105-2601-4303 78.58 ELECTRICITY/DEC182-19-024-1604 001-4204-4303 1,338.04 ELECTRICITY/DEC182-20-128-5475 001-4204-4303 209.65 ELECTRICITY/DEC182-20-984-6369 105-2601-4303 59.73 ELECTRICITY/DEC182-21-400-7684 105-2601-4303 36.87 ELECTRICITY/DEC182-23-687-8021 001-3104-4303 49.06 ELECTRICITY/DEC182-23-725-4420 001-4204-4303 3,434.49 ELECTRICITY/DEC182-26-686-5930 01/17/2019 Check Register CITY OF HERMOSA BEACH 8 5:13:29PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91010 1/17/2019 (Continued)SOUTHERN CALIFORNIA EDISON CO00159 105-2601-4303 302.60 ELECTRICITY/DEC182-31-250-3303 001-4204-4303 53.83 ELECTRICITY/DEC182-36-722-1322 105-2601-4303 42.32 ELECTRICITY/DEC182-37-909-1838 001-4204-4303 412.56 ELECTRICITY/DEC182-41-090-1755 001-4204-4303 50.87 Total : 22,847.8500159 91011 1/17/2019 SPECTRUM BUSINESS 0049969010119 PD/CABLE/JAN1920236 001-2101-4201 72.09 PW YARD/CABLE/FEB190088884010419 001-4202-4201 114.06 CITY HALL/BACKUP INTERNET/FEB190241699010819 715-1206-4201 84.98 Total : 271.1320236 91012 1/17/2019 SPICERS PAPER INC 2080761 8.5X11" COPIER/PRINTER PAPER10232 001-2021 14.46 001-1208-4305 1,446.40 001-1208-4305 122.95 001-2022 -14.46 Total : 1,569.3510232 91013 1/17/2019 SPRINT 269424317-205 PD TRUNK MODEM/DEC1810098 153-2106-4201 35.00 COMM RES/CELL PHONES/DEC18551834312-205 001-4601-4304 161.90 Total : 196.9010098 91014 1/17/2019 SUNSTATE EQUIPMENT COMPANY 7817273-001 MAT REQ 873375/LIGHT TOWER/NEW YEARS EVE14019 001-3301-4201 500.04 MAT REQ 873373/LIGHT TOWER/NEW YEARS EVE7817275-001 001-3301-4201 200.04 MAT REQ 873374/LIGHT TOWER/NEW YEARS EVE7817276-001 001-3301-4201 200.04 01/17/2019 Check Register CITY OF HERMOSA BEACH 9 5:13:29PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 900.12 91014 1/17/2019 SUNSTATE EQUIPMENT COMPANY14019 91015 1/17/2019 SZOT, JOHN A.Parcel 4188-020-049 STREET LIGHT TAX REBATE21216 105-3105 24.61 Total : 24.6121216 91016 1/17/2019 TAMAYO, VIVIAN PO 32824 DISMISSED CITATION NO. 3800107421201 001-3302 53.00 Total : 53.0021201 91017 1/17/2019 THAYER'S DIST. & ELECTRICAL 6782 BARD ST. GATE OPERATIONS INSPECTION21075 301-8673-4201 195.00 Total : 195.0021075 91018 1/17/2019 THE RULES GUYS LLC AM19107 FIRE STATISTICAL DATA ACCESS/JAN19-DEC1918450 001-1201-4201 281.25 Total : 281.2518450 91019 1/17/2019 T-MOBILE Account 946625962 PD/CSOS/CELL PHONES/DEC1819082 001-2101-4304 214.88 001-3302-4304 40.29 YARD/CELL PHONES/DEC18Account 954297746 001-4202-4304 340.95 Total : 596.1219082 91020 1/17/2019 TORRANCE, CITY OF PO 32786 DISASTER MGMT AREA G SRVCS FY 18/1901860 001-1201-4251 3,502.00 Total : 3,502.0001860 91021 1/17/2019 UNITED STATES POSTAL SERVICE PO 32825 PO BOX 728 YRLY FEE (FOR CITATION PMTS)20388 001-1204-4305 296.00 Total : 296.0020388 91022 1/17/2019 UPS 000023R146029 MAT REQ 863268/SHIP TO AXON (VENDOR)14148 001-2101-4306 13.10 Total : 13.1014148 91023 1/17/2019 VELTMEYER, HENRY PO 32841 DISMISSED CITATION NO. 4000214621206 001-3302 48.00 01/17/2019 Check Register CITY OF HERMOSA BEACH 10 5:13:29PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 48.00 91023 1/17/2019 VELTMEYER, HENRY21206 91024 1/17/2019 VENDINI, INC.50660 BOX OFFICE SOFTWARE FOR TICKET SALES21212 001-4601-4201 1,500.11 Total : 1,500.1121212 91025 1/17/2019 VIRCO, INC.91850544 (PO 14666)TABLES & CHAIRS FOR SOUTH PARK ROOM 421175 001-4601-4308 1,049.59 Total : 1,049.5921175 90217953 1/10/2019 PITNEY BOWES INC 1/17/19 Check Run POSTAGE METER REFILL/JAN1913838 001-1208-4305 1,000.00 Total : 1,000.0013838 140096849 1/14/2019 PITNEY BOWES INC 1/17/19 Check Run POSTAGE METER REFILL/JAN1913838 001-1208-4305 1,000.00 Total : 1,000.0013838 1001242856 1/16/2019 CALPERS FISCAL SERVICES DIV 100000015530445 REPLACEMENT BENEFIT CONTRIBUTION 201915230 001-2101-4184 11,972.52 Total : 11,972.5215230 1914823090 1/17/2019 ADMINSURE AS AGENT FOR THE 1/17/19 Check Run WORK COMP CLAIMS REIMB/JAN1914691 705-1217-4324 10,178.74 Total : 10,178.7414691 1918027058 1/8/2019 ADMINSURE AS AGENT FOR THE 1/17/19 Check Run WORK COMP CLAIMS REIMB/DEC18-JAN1914691 705-1217-4324 14,872.17 Total : 14,872.1714691 1918051880 1/8/2019 ADMINSURE AS AGENT FOR THE 1/17/19 Check Run LIABILITY CLAIMS REIMB/DEC1814691 705-1209-4324 112.00 Total : 112.0014691 1918425598 1/8/2019 ADMINSURE AS AGENT FOR THE 1/17/19 Check Run WORK COMP CLAIMS REIMB/DEC1814691 705-1217-4324 10,136.78 Total : 10,136.7814691 Bank total : 188,388.35 66 Vouchers for bank code :boa 01/17/2019 Check Register CITY OF HERMOSA BEACH 11 5:13:29PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 188,388.35Total vouchers :Vouchers in this report 66 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 11 inclusive, of the check register for 1/17/10 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 1/29/19 Charlotte Newkirk for 01/24/2019 Check Register CITY OF HERMOSA BEACH 1 5:42:14PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91026 1/24/2019 3V SIGNS AND GRAPHICS LLC 9711 (PO 14758)CHRISTMAS DECOR INSTALL ON PCH & PIER17339 001-1101-4201 5,976.50 Total : 5,976.5017339 91027 1/24/2019 ARTIANO & ASSOCIATES, APC 41519 AUDIT RESPONSE LETTERS19811 001-1202-4201 90.40 Total : 90.4019811 91028 1/24/2019 ASCAP 100005152788 ANNUAL MUSIC LICENSE FEE JAN19-DEC1913900 001-4601-4315 357.00 Total : 357.0013900 91029 1/24/2019 BMI 33709069 MUSIC LICENSE RENEWAL 1/01/19-12/31/1916693 001-4601-4315 358.00 Total : 358.0016693 91030 1/24/2019 BRANDSETH, MATT PO 32878 PARKING PERMIT CONTEST WINNER PRIZE21219 001-1204-4305 40.00 Total : 40.0021219 91031 1/24/2019 BRUBAKER, ISABEL Parcel 4183-005-062 STREET LIGHT & SEWER TAX REBATE15010 001-6871 121.69 105-3105 24.61 Total : 146.3015010 91032 1/24/2019 BUCKNAM INFRASTRUCTURE GROUP 332-02.03 (PO 14462) PROJ MGMT/INFRASTRUCTURE GIS DATA/DEC1819090 160-3102-4201 8,825.00 Total : 8,825.0019090 91033 1/24/2019 CLEAN ENERGY CE12153928 COMPRESSED NATURAL GAS/VEHICLES/DEC1809694 715-3104-4310 153.92 715-2601-4310 119.45 715-6101-4310 148.70 715-3109-4310 130.85 Total : 552.9209694 91034 1/24/2019 COMMLINE, INC.0121148-IN/PO 14828 RADIO EQUIP UPGRADE/2 NEW ROOF ANTENNAS20786 715-2101-5405 15,014.40 2b (3) 01/24/2019 Check Register CITY OF HERMOSA BEACH 2 5:42:14PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 15,014.40 91034 1/24/2019 COMMLINE, INC.20786 91035 1/24/2019 COUNTY OF LOS ANGELES C0008798 (PO 14098)FIRE PROTECTION SERVICES/FEB1920781 001-2202-4251 395,244.77 180-2202-4251 3,306.56 001-2202-5601 37,882.50 001-2202-4111 10,629.60 Total : 447,063.4320781 91036 1/24/2019 DEPARTMENT OF JUSTICE 347242 MAT REQ 768254/FINGERPRINTING/DEC1800364 001-1203-4251 226.00 Total : 226.0000364 91037 1/24/2019 FRONTIER 209-188-4669-0714985 LANDLINES/COMPUTER LINKS/JAN1919884 001-2101-4304 793.39 001-4204-4321 205.02 001-4202-4304 52.12 001-4201-4304 150.58 001-3304-4304 57.14 001-1204-4304 49.41 001-3302-4304 67.91 PD COMPUTER CIRCUITS/JAN19209-190-0013-1206175 001-2101-4304 879.16 DUI BREATH TESTER/JAN19310-318-9210-0827185 001-2101-4304 62.92 CHAMBERS EOC ANALOG LINES/JAN19310-318-9800-1204155 715-1206-4304 1,410.62 PERSONNEL/FAX LINE/JAN19310-372-6373-0311045 001-1203-4304 49.51 Total : 3,777.7819884 91038 1/24/2019 GERBER, ALLEN S.Parcel 4169-032-021 STREET LIGHT TAX REBATE11732 105-3105 24.61 Total : 24.6111732 91039 1/24/2019 HOLDEN, DAVID N.Parcel 4181-006-021 STREET LIGHT & SEWER TAX REBATE20548 001-6871 119.30 105-3105 24.61 Total : 143.9120548 01/24/2019 Check Register CITY OF HERMOSA BEACH 3 5:42:14PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91040 1/24/2019 IAPMO PO 32851 ROLLINS/3-YEAR MEMBERSHIP00679 001-4201-4315 510.00 Total : 510.0000679 91041 1/24/2019 MACKAY METERS, INC.1051143 (PO 13940)PARKING METER PART/YOKE ASSEMBLY21210 001-3302-4309 92.96 Total : 92.9621210 91042 1/24/2019 MADANI, MIKE Mat Req 863275 PD/CSOS/CAR WASHES/OCT18-DEC1818595 715-2101-4311 232.00 715-3302-4311 112.00 Total : 344.0018595 91043 1/24/2019 MAIN STREET TOURS 41548/Mat Req 863376 LA ZOO LIGHTS EXCURSION COST PER PERSON10045 001-4601-4201 3,915.00 LA ZOO LIGHTS EXCURSION TRANSPORTATION41549/Mat Req 863375 145-3409-4201 895.00 Total : 4,810.0010045 91044 1/24/2019 MAKAI SOLUTIONS 2406 (PO 14939)VEHICLE LIFTS/REPLACE HYDRAULIC CYLINDER21059 715-2101-4311 5,669.04 VEHICLE HOISTS/REPLACE EQUILIZER CABLES2440 (PO 14939) 715-2101-4311 294.86 Total : 5,963.9021059 91045 1/24/2019 MARCHESE, SONDRA Receipt 1005088.003 COMM THEATRE DAMAGE DEPOSIT RETURN15643 001-2111 250.00 Total : 250.0015643 91046 1/24/2019 NATIONAL AUTO FLEET GROUP PO 4202-14734 PW/2019 TOYOTA TACOMA 2WD18048 715-4202-5403 25,849.92 Total : 25,849.9218048 91047 1/24/2019 OFFICE DEPOT 212645148001 MAT REQ 549647/OFFICE SUPPLIES13114 001-2101-4305 87.87 BATTERIES FOR SANTA SLEIGH/2 CALENDARS239034537001 001-3302-4305 40.02 001-2101-4305 53.06 MAT REQ 768252/OFFICE SUPPLIES252079403001 001-1203-4305 57.38 01/24/2019 Check Register CITY OF HERMOSA BEACH 4 5:42:14PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 238.33 91047 1/24/2019 OFFICE DEPOT13114 91048 1/24/2019 PARS 42028 PARS ARS FEES/NOV1814693 001-1101-4185 15.08 001-1204-4185 1.42 001-3302-4185 6.99 001-4204-4185 13.09 001-4101-4185 14.61 001-4201-4185 14.61 001-4601-4185 234.20 Total : 300.0014693 91049 1/24/2019 PEP BOYS December Statement VEHICLE MAINT/REPAIR PARTS/SEP18-DEC1800608 715-2101-4311 150.19 715-3302-4311 60.95 715-4206-4309 71.89 715-2101-4310 65.70 715-4204-4311 37.78 715-4206-4310 65.46 VEHICLE MAINT/REPAIR PARTS/OCT18December Statement 715-3104-4311 -15.59 Total : 436.3800608 91050 1/24/2019 PROVIDENCE MEDICAL INSTITUTE Guarantor 600000285 PRE-EMPLOYMENT PHYSICALS/DEC1801911 001-1203-4320 1,366.00 Total : 1,366.0001911 91051 1/24/2019 SAFEWAY INC VONS 726641-121218-2110 MAT REQ 863372/STAFF MEETING SUPPLIES16425 001-4601-4317 21.04 SENIOR CTR HOLIDAY PARTY RAFFLE BASKETS727527-121318-2110 001-4601-4328 73.46 REQ 863448/SENIOR CTR HOLIDAY PARTY/ICE800715-121818-2110 001-4601-4328 5.46 SENIOR CENTER HOLIDAY PARTY SUPPLIES805820-121818-2110 001-4601-4328 43.52 MAT REQ 863370/STAFF MEETING SUPPLIES805951-121118-2110 001-4601-4317 26.97 Total : 170.4516425 01/24/2019 Check Register CITY OF HERMOSA BEACH 5 5:42:14PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91052 1/24/2019 SBCU VISA 08L0034513168 CC PD WATER DELIVERY 11/13/18-12/12/1803353 001-2101-4305 240.35 COMM MOVIE NIGHT SANTA FOR PICTURES13638591-351 CC 001-4601-4308 221.52 SENIOR CENTER MOVIES/MUSIC/DEC18-JAN19Emails CC 001-4601-4328 13.98 FINANCE CHARGE ON LATE PAYMENTFinance Charge CC 001-1202-4305 1.43 DINNER FOR STAFF MEETING/TRAININGHbHermosa2018 CC 001-4601-4317 295.80 PO 14338/CONFERENCE LINE/NOV18IC30411-1118 CC 001-1201-4304 46.97 VIP JOE BAHM/UNIFORM JACKET & PANTSMat Req 773261 CC 001-3302-4201 130.29 MANAGEMENT MEET & GREET LUNCHMemo CC 001-1201-4305 180.45 SINGLETON/SUMMIT SPEAKER REGISTRATIONPO 14773 CC 001-1201-4317 290.00 2 COUNTRYMAN MICROPHONES FOR THEATREPO 14778 CC 001-4601-4201 310.80 YARD/EOC/COMM CTR DEFIBS/BATTERIES/PADSPO 14891 CC 001-1201-4201 1,088.44 STATE AND FEDERAL LABOR LAW POSTERSPO 14897 CC 001-1203-4305 167.28 REFUND/ERGONIMIC KEYBOARD FOR VILLANUEVAPO 14918 CC 001-1203-4305 -134.61 RECORDS DESK/CUBICLE MONITOR MOUNTPO 14948 CC 001-2101-4305 32.84 2 BARD ST. GATE MOTOR BACKUP BATTERIESPO 14952 CC 301-8673-4201 126.99 COMM DEV/TEAMBUILDING BOOKSPO 14957 CC 001-4201-4317 122.44 CITY E-NEWSLETTER/12-MONTH SUBSCRIPTIONPO 14974 CC 001-1201-4201 618.75 HIGH VISIBILITY JACKET FOR CSO MALOUPO 14982 CC 001-3302-4314 68.60 MEMBERSHIP/JACKSON/BURGOS/TANABE/AHLSTROPO 14986 CC 001-3302-4315 250.00 REMOTE FOR SENIOR CENTER FIREPLACEPO 32749 CC 01/24/2019 Check Register CITY OF HERMOSA BEACH 6 5:42:14PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91052 1/24/2019 (Continued)SBCU VISA03353 001-4601-4328 60.73 001-4601-4328 5.77 SCHEID/IPHONE 6 BATTERY REPLACEMENTPO 32750 CC 001-2101-4305 29.00 001-2101-4305 2.25 COMM CTR INFO SIGN HOLDERS/WEIGHTSPO 32759 CC 001-4601-4305 117.97 001-4601-4305 6.00 SENIOR CENTER HOLIDAY PARTY DINNERPO 32766 CC 001-4601-4328 138.00 001-4601-4328 13.11 COMM MOVIE NIGHT/DECOR/GOODY BAGSPO 32768 CC 001-4601-4308 100.87 001-4601-4308 32.49 TOOLS USED FOR CONCRETE JOBSPO 32769 CC 001-3104-4309 88.42 DRY CLEAN SANTA SUIT AFTER SLEIGH EVENTPO 32778 CC 001-3302-4305 26.62 COMM MOVIE NIGHT/PIZZA FOR STAFFPO 32785 CC 001-4601-4317 41.86 001-4601-4317 3.18 5 IPHONE CHARGING CABLESPO 32790 CC 001-4202-4305 47.97 001-4202-4305 4.56 RODRIGUEZ/MEMBERSHIP TO ATTEND TRAININGPO 32791 CC 001-4202-4317 188.00 RAMOS/CORDOVA/SUPERVISOR TRAININGPO 32794 CC 001-4202-4317 300.00 CITY HOLIDAY CARDS 2018PO 32833 CC 001-1101-4319 270.29 001-1101-4319 23.36 HOLIDAY PARTY/GIFT CARDS/RIBBONReceipt CC 001-1101-4319 115.77 HOLIDAY PARTY/COOKIES/GIFT CARDSReceipt CC 001-1101-4319 68.07 HOILDAY PARTY/GIFT CARDReceipt CC 001-1101-4319 50.00 FOOD FOR RB/HB/ARCHITECT TESLA MEETINGReceipt CC 01/24/2019 Check Register CITY OF HERMOSA BEACH 7 5:42:14PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91052 1/24/2019 (Continued)SBCU VISA03353 001-4101-4305 86.16 COUNCIL MEETING DINNERReceipt CC 001-1101-4305 177.39 ORAL BOARD/ALL HANDS MTG/FOOD/DRINKSReceipts CC 001-1203-4201 104.60 EVENT SAFETY/MISC CHARGE TO BE REFUNDEDTR 719 & 720 CC 001-4601-4317 4.31 NICHOLS/SPECIAL EVENT SAFETY/ROOM/PRKNGTR 719 CC 001-4601-4317 575.99 VINT/SPECIAL EVENT SAFETY/ROOM/PARKINGTR 720 CC 001-4601-4317 575.99 PHILLIPS/SPECIAL EVENT MGMT/ROOM/PARKINGTR 737 CC 001-2101-4317 660.99 SCHEID/POST MGMT COURSE 3/ROOM/PARKINGTR 764 CC 001-2101-4312 580.96 CITY-RELATED EVENT ADS 11/11/18-12/12/18TransIDEnding5142 CC 001-1201-4201 49.13 Total : 8,622.1303353 91053 1/24/2019 SPARKLETTS 4472788 010319 COMM RES/DRINKING WATER/DEC1800146 001-4601-4305 201.02 Total : 201.0200146 91054 1/24/2019 SPECTRUM BUSINESS 0350359011119 1301 HERMOSA/RCC CONNECTION/FEB1920236 001-2101-4304 139.99 Total : 139.9920236 91055 1/24/2019 SRK PROMOTIONAL ADVERTISING 4182 CUSTOM PAPER ROLLS FOR PARKING METERS15398 001-3302-4309 865.00 001-3302-4309 76.00 Total : 941.0015398 91056 1/24/2019 SUNSTATE EQUIPMENT COMPANY 7821185-001 MAT REQ 773412/LOADER RENTAL14019 161-3109-4309 1,589.02 Total : 1,589.0214019 91057 1/24/2019 THE BANK OF NEW YORK MELLON 252-2167048 INVESTMENT SAFEKEEPING SRVCS/2ND QTR13270 001-1141-4201 875.00 01/24/2019 Check Register CITY OF HERMOSA BEACH 8 5:42:14PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 875.00 91057 1/24/2019 THE BANK OF NEW YORK MELLON13270 91058 1/24/2019 THOMSON REUTERS 6125632629 PO 14538/CA PENAL CODE BOOKS (13)09361 001-2101-4305 604.44 Total : 604.4409361 91059 1/24/2019 TL VETERANS CONSTRUCTION, INC.228 (PO 14994)COMMUNITY CENTER PAINTING/DEC18-JAN1921199 001-8650-4201 51,471.00 Total : 51,471.0021199 91060 1/24/2019 TRAVERS TREE SERVICE 27699 (PO 14960)CLARK FIELD/REMOVE 7 TREES/GRIND STUMPS14958 125-8546-4201 1,200.00 Total : 1,200.0014958 91061 1/24/2019 UNDERGROUND SERVICE ALERT 1220180311 UNDERGROUND SERVICE ALERTS/DEC1808207 160-3102-4201 76.00 Total : 76.0008207 91062 1/24/2019 VERIZON BUSINESS SERVICES 70970183 VOIP PHONES/OCT1818666 001-1101-4304 38.20 001-1121-4304 60.15 001-1132-4304 17.97 001-1141-4304 35.96 001-1201-4304 147.47 001-1202-4304 89.95 001-1203-4304 71.89 001-1204-4304 107.93 001-1208-4304 6.73 001-2101-4304 820.90 001-2201-4304 69.28 001-4101-4304 134.62 001-4201-4304 144.97 001-4202-4304 204.63 001-4204-4321 17.97 160-3102-4201 17.98 715-1206-4304 17.99 VOIP PHONES/NOV1871002680 001-1101-4304 38.19 001-1121-4304 60.15 01/24/2019 Check Register CITY OF HERMOSA BEACH 9 5:42:14PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91062 1/24/2019 (Continued)VERIZON BUSINESS SERVICES18666 001-1132-4304 17.96 001-1141-4304 35.99 001-1201-4304 147.43 001-1202-4304 89.89 001-1203-4304 71.98 001-1204-4304 107.83 001-1208-4304 6.71 001-2101-4304 821.07 001-2201-4304 69.31 001-4101-4304 132.09 001-4201-4304 145.03 001-4202-4304 204.59 001-4204-4321 17.98 160-3102-4201 17.99 715-1206-4304 17.97 001-2101-4305 298.51 Total : 4,305.2618666 1915105124 1/23/2019 ADMINSURE AS AGENT FOR THE 1/24/19 Check Run WORK COMP CLAIMS REIMB/JAN1914691 705-1217-4324 14,927.78 Total : 14,927.7814691 Bank total : 607,880.83 38 Vouchers for bank code :boa 607,880.83Total vouchers :Vouchers in this report 38 01/24/2019 Check Register CITY OF HERMOSA BEACH 10 5:42:14PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 10 inclusive, of the check register for 1/29/19 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 1/29/19 Charlotte Newkirk for City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0093 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 4, 2018 AND JANUARY 2, 2019 Recommended Action: Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 4, 2018 and January 2, 2019. Attachments: 1.Minutes of December 4, 2018 2.Minutes of January 2, 2019 Approved: Kelly Orta, Community Resources Manager City of Hermosa Beach Printed on 2/8/2019Page 1 of 1 powered by Legistar™ MINUTES REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION Tuesday, December 4, 2018 – Council Chambers, City Hall 1315 Valley Drive – 7:00 P.M. Parks, Recreation and Community Resources Advisory Commission Robert Rosenfeld Jani Lange Lauren Pizer Mains Jessica Guheen Barbara Ellman Parks, Recreation and Community Resources Advisory Commission agendas and staff reports are available for review on the City’s web site at www.hermosabch.org Written materials distributed to the Parks, Recreation and Community Resources Advisory Commission within 72 hours of the meeting are available for public inspection immediately upon distribution in the Community Resources Department during normal business hours from Monday through Thursday, 7:00 a.m. - 6:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Present: Commissioner Rosenfeld, Lange, Pizer Mains and Ellman, Community Resources Manager Kelly Orta Absent: Commissioner Guheen 4. An nouncements 5. Presentations A. None 6. Public Comment Anyone wishing to address the Commission on items pertaining to parks and recreation that are not listed on the agenda may do so at this time. The Brown Act generally prohibits the Commission from taking action on any matter not listed on the posted agenda. Comments from the public are limited to three minutes per speaker. Please sign your name on the sign-in sheet at the conclusion of your comments. Coming forward to address the Commission at this time: (00:05:01) Jan Brittian, Hermosa Beach resident 7. Correspondence A. None 8. Consent Calendar A. Approval of the Regular Meeting Action Minutes of November 6, 2018 9. Items Removed from the Consent Calendar for Separate Discussion Motion by Commissioner Lange to approve Item A on the Consent Calendar. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. 10. Public Hearings A. None 11. Matters for Commission Consideration A. Approval of the 2019 Impact Level II Special Events Recommendation: Staff recommends that: 1. The Commission approves the addition of the following Impact Level II Special Events onto the 2019 Special Event Calendar: a. AAU Southern Pacific Beach Volleyball Series on the volleyball courts on the north side of the Pier on Monday, January 21; Saturday, February 2; Sunday, February 24; Sunday, March 17; Sunday, April 7; Sunday, April 28; Sunday, May 5; Sunday, May 19; Sunday, June 6; Tuesday, July 2; Saturday & Sunday, August 10-11; Sunday, August 25; Saturday, August 12; Saturday, October 12; Saturday, November 23; and Saturday & Sunday, December 7-8: b. Beach Tennis Tournaments on the beach tennis courts on the following Saturdays and Sundays: March 2-3; April 6-7; June 1-2; August 17-18; September 14-15; October 26-27; and November 2-3; c. Best Day Foundation Beach Day on the beach south of the Pier on the following Saturday and Sundays: June 15-16 and September 14- 15; d. CBVA Tournaments on the volleyball courts on the north side of the Pier on Saturday, January 12; Sunday, March 24; Saturday, April 13; Saturday, May 4; Saturday & Sunday, May 25-26; Saturday & Sunday, August 3-4 and 17-18; Saturday, August 24; Saturday & Sunday, August 31 – September 1; e. Community Menorah Lighting on Pier Plaza Sunday, December 22; f. Easter Sunrise Mass on the beach south of the Pier on Sunday, April 21; g. Endless Summer Classic Car Show on Pier Plaza on Saturday, May 4; h. Fine Arts Festival on the Community Center’s north and east lawn on Saturday, June 8 - Sunday, June 9; i. GWPOP Peace Talks on the beach south of the Pier on Saturday, May 18; j. Hearts of Hermosa at the Community Center from Friday, March 22 – Sunday, March 24; k. Hope Chapel Family Picnic at Valley Park on Sunday, September 15; l. Hope Chapel Hermosa Beach Annual Easter Egg Hunt at Valley Park on Saturday, April 20; m. Hope Chapel Hermosa Beach Sunrise Service on the Community Center east lawn on Sunday, April 21; n. Hermosa Beach Junior Novice and Satellite Tennis Tournament at the Community Center Tennis Courts on Saturday & Sunday, November 9-10; o. New Year’s Eve Celebration on Pier Plaza on Tuesday, December 31; p. Richstone Pier to Pier Walk (passthrough) on the Strand on Saturday, April 27; q. Run as One – 5K Run/Walk on Pier Plaza and the Strand north of the Pier on Saturday, April 13; r. Samburu Project Walk for Water on Pier Plaza and the Strand north of the Pier on Sunday, April 14; s. Sandpipers Stroll the Strand on the Strand north of the Pier on Sunday, March 24; t. Shakespeare by the Sea at Valley Park on Tuesday & Wednesday, July 10-11; u. Sidewalk Festivals at various locations downtown on the following Fridays – Sundays: January 18-20; August 2-4; and November 22- 24; v. Smackfest on the volleyball courts south of the Pier on Saturday, June 15; w. South Bay Paddle on the beach south of the Pier on Saturday, June 8; x. St.’s Patrick’s Day Community Parade in the downtown area on Saturday, March 16; y. Tree Lighting Ceremony on Pier Plaza on Saturday, December 7; z. USAV NBT Junior events on the volleyball courts north of the Pier on the following Saturdays: January 5; January 26; February 9; March 23; and Saturday & Sunday, September 28-29; and aa. Walk to End Alzheimer’s on Pier Plaza and the Strand north of the Pier on Saturday, September 28. 2. Affirm staff’s administrative approval of SK8 for Schools at the skatepark on Thursday, April 25 as an Impact Level I event. Coming forward to address the Commission at this time: (00:37:03) Dency Nelson, Hermosa Beach resident and Shakespeare by the Sea representative Motion by Commissioner Lange to approve the following events:  Best Day Foundation Beach Day on the beach south of the Pier on the following Saturday and Sundays: June 15-16 and September 14-15;  Community Menorah Lighting on Pier Plaza Sunday, December 22;  GWPOP Peace Talks on the beach south of the Pier on Saturday, May 18;  Hearts of Hermosa at the Community Center from Friday, March 22 – Sunday, March 24;  Hope Chapel Family Picnic at Valley Park on Sunday, September 15;  Hope Chapel Hermosa Beach Annual Easter Egg Hunt at Valley Park on Saturday, April 20;  New Year’s Eve Celebration on Pier Plaza on Tuesday, December 31;  Richstone Pier to Pier Walk (passthrough) on the Strand on Saturday, April 27;  Run as One – 5K Run/Walk on Pier Plaza and the Strand north of the Pier on Saturday, April 13;  Samburu Project Walk for Water on Pier Plaza and the Strand north of the Pier on Sunday, April 14;  Sandpipers Stroll the Strand on the Strand north of the Pier on Sunday, March 24;  Shakespeare by the Sea at Valley Park on Tuesday & Wednesday, July 10-11;  Sidewalk Festivals at various locations downto wn on the following Fridays – Sundays: January 18-20; August 2-4; and November 22-24;  South Bay Paddle on the beach south of the Pier on Saturday, June 8;  Tree Lighting Ceremony on Pier Plaza on Saturday, December 7; and  Walk to End Alzheimer’s on Pier Plaza and the Strand north of the Pier on Saturday, September 28. Commissioner Pizer Mains seconded the motion. Motion passed with a 4-0 vote. Coming forward to address the Commission at this time: (00:56:12) Donny and Ginger Young, Hermosa Beach residents and Beach Tennis representatives Motion by Commissioner Lange to approve the Beach Tennis Tournaments on the beach tennis courts on the following Saturdays and Sundays: March 2-3; April 6-7; June 1-2; August 17-18; September 14-15; October 26-27; and November 2-3. Commissioner Pizer Mains seconded the motion. Motion passed with a 4-0 vote. Coming forward to address the Commission at this time: (01:04:37) Chris Brown, Hermosa Beach resident and CBVA representative Motion by Commissioner Lange to approve the CBVA Tournaments on the volleyball courts on the north side of the Pier on Saturday, January 12; Sunday, March 24; Saturday, April 13; Saturday, May 4; Saturday & Sunday, May 25-26; Saturday & Sunday, August 3-4 and 17-18; Saturday, August 24; Saturday & Sunday, and August 31 – September 1. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. Coming forward to address the Commission at this time: (01:14:12) Father Paul Gawlowski, Hermosa Beach resident and Easter Sunrise Mass representative Motion by Commissioner Lange to approve the Easter Sunrise Mass on the beach south of the Pier on Sunday, April 21. Commissioner Pizer Mains seconded the motion. Motion passed with a 3 -0 vote. Commissioner Rosenfeld abstained. Motion by Commissioner Lange to approve the Endless Summer Classic Car Show on Pier Plaza on Saturday, May 4. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. Coming forward to address the Commission at this time: (01:26:56) Jan Brittain and Sam Perrotti, Hermosa Beach residents and Fine Arts Festival representative Motion by Commissioner Lange to approve the Fine Arts Festival on the Community Center’s north and east lawn on Saturday, June 8 - Sunday, June 9. Commissioner Pizer Mains seconded the motion. Motion passed with a 4-0 vote. Motion by Commissioner Lange to delay consideration of the Hope Chapel Hermosa Beach Sunrise Service on the Community Center east lawn on Sunday, April 21 to the regular meeting in January with required presence of the event producer. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. Motion by Commissioner Lange to delay consideration of the Hermosa Beach Junior Novice and Satellite Tennis Tournament at the Community Center Tennis Courts on Saturday & Sunday, November 9-10 to the regular meeting in January with required presence of the event producer. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. Coming forward to address the Commission at this time: (01:45:30) Bill Sigler, Hermosa Beach resident and Smackfest representative Motion by Commissioner Lange to approve Smackfest on the volleyball courts south of the Pier on Saturday, June 15. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. Motion by Commissioner Lange to approve St.’s Patrick’s Day Community Parade in the downtown area on Saturday, March 16. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. Coming forward to address the Commission at this time: (01:59:24) Mark Paaluhi, Hermosa Beach resident and USAV representative Motion by Commissioner Lange to approve the USAV NBT Junior events on the volleyball courts north of the Pier on the following Saturdays: January 5; January 26; February 9; March 23; and Saturda y & Sunday, September 28-29. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. Coming forward to address the Commission at this time: (02:05:32) Gino Grajeda, AAU representative Motion by Commissioner Lange to approve the AAU Southern Pacific Beach Volleyball Series on the volleyball courts on the north side of the Pier on Monday, January 21; Saturday, February 2; Sunday, February 24; Sunday, March 17; Sunday, April 7; Sunday, April 28; Sunday, May 5; Sunday, May 19; Sunday, June 6; Tuesday, July 2; Saturday & Sunday, August 10-11; Sunday, August 25; Saturday, August 12; Saturday, October 12; Saturday, November 23; and Saturday & Sunday, December 7 -8:. Commissioner Pizer Mains seconded the motion. Motion passed with a 4-0 vote. Motion by Commissioner Lange to affirm staff’s administrative approval of SK8 for Schools at the skatepark on Thursday, April 25 as an Impact Level I event. Commissioner Pizer-Mains seconded the motion. Motion passed with a 4-0 vote. 12. Commissioner’s Reports A. City Council Directed Subcommittees i. Special Event (Guheen and Lange) ii. Community Theatre (Lange) iii. Municipal Leases (Rosenfeld and Pizer Mains) iv. Community Resources Department Use Policies (Ellman and Guheen) B. Commission Liaison Roles i. Surfers Walk of Fame ii. Access Hermosa 13. Items Requested by Commissioners 14. Other Matters A. CIP Project Status Report (P&R Commission-related items) B. January 2, 2019 Commission Meeting Reminder Commissioner Ellman asked for a revised fee worksheet for the Special Event Application with the requirement that event producers complete the worksheet with the application in its entirety in order for their event to be considered. Commissioner Lange asked that the Special Event Application note a requirement for event producers to be present at Commission and City Council meetings when their event is being considered. 15. Adjournment Motion by Commissioner Ellman to adjourn the meeting. Commissioner Lange seconded the motion. Motion passed with a 4-0 vote. MINUTES (Due to technical difficulties, there is no video available for this meeting) REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION Wednesday, January 2, 2019 – Council Chambers, City Hall 1315 Valley Drive – 7:00 P.M. Parks, Recreation and Community Resources Advisory Commission Robert Rosenfeld Jani Lange Lauren Pizer Mains Jessica Guheen Barbara Ellman Parks, Recreation and Community Resources Advisory Commission agendas and staff reports are available for review on the City’s web site at www.hermosabch.org Written materials distributed to the Parks, Recreation and Community Resources Advisory Commission within 72 hours of the meeting are available for public inspection immediately upon distribution in the Community Resources Department during normal business hours from Monday through Thursday, 7:00 a.m. - 6:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Present: Commissioners Rosenfeld, Guheen and Ellman. Community Resources Manager Kelly Orta and Recreation Coordinator Lisa Nichols. Absent: Commissioners Lange and Pizer Mains 4. Announcements 5. Presentations A. None 6. Public Comment Anyone wishing to address the Commission on items pertaining to parks and recreat ion that are not listed on the agenda may do so at this time. The Brown Act generally prohibits the Commission from taking action on any matter not listed on the posted agenda. Comments from the public are limited to three minutes per speaker. Please sign your name on the sign-in sheet at the conclusion of your comments. None 7. Correspondence A. None 8. Consent Calendar A. Approval of the Regular Meeting Action Minutes of December 4, 2018 B. Approval of the November 2018 Activity Report Items A and B were continued to a subsequent meeting. 9. Items Removed from the Consent Calendar for Separate Discussion None 10. Public Hearings A. Public Hearing for Consideration of the Following Impact Level III Events to the 2019 Special Event Calendar: Marymount California University Women’s Volleyball Home Beach Games on 2/22, 3/15, 3/22, 3/29 & 4/5; POR Sandy Sauté on 3/23; and the South Bay Surf Series on 3/24. Recommendation: That the Commission holds a Public Hearing to review the following 2019 Impact Level III Special Events; and recommend for City Council approval & inclusion on the 2019 Special Event Calendar: a. Marymount California University Women’s Volleyball Home Beach Games on Fridays, February 22, March 15, 22, 29, and April 5 on the volleyball courts north of the Pier; b. South Bay Surf Series on Sunday, March 24 on the beach south of the Pier; and c. POR Sandy Sauté on Saturday, March 30 on the beach north of the Pier. Coming forward to address the Commission at this time: Chrissie Courtney, Marymount California University Women’s Volleyball representative Matt Walls, South Bay Surf Series representative Pat Amato, Nancy Amato and Kelly Amato, Pants Off Racing representatives Motion by Commissioner Guheen to approve the addition of the Marymount California University Women’s Volleyball Home Beach Games on 2/22, 3/15, 3/22, 3/29 & 4/5; POR Sandy Sauté on 3/23; and the South Bay Surf Series on 3/24 as proposed to the 2019 Special Event Calendar. Commissioner Rosenfeld seconded the motion. Motion passed with a 3-0 vote. 11. Matters for Commission Consideration A. Approval of 2019 Impact Level II Special Events Including the Hope Chapel Easter Sunrise Service on Sunday, April 21 and the Sypder Surf Fest on Saturday, April 27 Recommendation: Staff recommends that The Commission approves the addition of the following Impact Level II Special Events onto the 2019 Special Event Calendar: a. Hope Chapel Hermosa Beach Sunrise Service on the Community Center east lawn on Sunday, April 21; and b. Spyder Surf Fest on Pier Plaza on Saturday, April 27 Coming forward to address the Commission at this time: Alan Kisaka, Hope Chapel representative Darryl Dickie, Spyder Surf Fest representative Motion by Commissioner Guheen to deny the request for the Hope Chapel Easter Sunrise Service on Sunday, April 21 on the Community Center’s east lawn. Commissioner Ellman seconded the motion. Motion passed with a 3-0 vote. Motion by Commissioner Guheen to approve the Sypder Surf Fest on Saturday, April 27. Commissioner Ellman seconded the motion. Motion passed with a 3-0 vote. B. Approval of AVP’s Request to Use the Volleyball Courts on the South Side of the Pier on Saturday, July 27 as part of their Previously Approved Special Event Permit Recommendation: Staff recommends that the Commission approve AVP’s request to use the volleyball courts on the South Side of the Pier on Saturday, July 27, and to include the following requirements: a. Eight (8) courts, built and maintained by AVP, will remain available for use by the community for recreational purposes only; b. Clearly post these recreational courts, visible from the Strand, designating them for recreational play only; and c. Provide an AVP staff member assigned to the south side volleyball courts to ensure: 1. Catch netting surrounding the AVP tournament courts are not disturbed so as not to impact recreational courts; 2. That Junior or Professional players do not use the recreational courts for warm up or official match purposes; and 3. To serve an oversight role on the courts to ensure they are used for their intended purposes. Coming forward to address the Commission at this time: Al Lau, AVP representative Motion by Commission Ellman to approve AVP’s Request to Use the Volleyball Courts on the South Side of the Pier on Saturday, July 27 as part of their previously approved special event permit. Commissioner Guheen seconded the motion. Motion passed with a 3-0 vote. 12. Commissioner’s Reports A. City Council Directed Subcommittees i. Special Event (Guheen and Lange) ii. Community Theatre (Lange) iii. Municipal Leases (Rosenfeld and Pizer Mains) iv. Community Resources Department Use Policies (Ellman and Guheen) B. Commission Liaison Roles i. Surfers Walk of Fame ii. Access Hermosa 13. Items Requested by Commissioners 14. Other Matters A. Staff Items i. CIP Project Status Report (P&R Commission-related items) ii. South Park Ongoing Maintenance B. Commissioner Items 15. Adjournment Motion by Commissioner Guheen to adjourn the meeting. Commissioner Ellman seconded the motion. Motion passed with a 3-0 vote. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0062 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETINGS OF MAY 16, 2018, JULY 18, 2018, SEPTEMBER 19, 2018 AND NOVEMBER 28, 2018 Recommended Action: Staff recommends that the City Council receive and file the action minutes of the Public Works Commission meetings of May 16, 2018, July 18, 2018, September 19, 2018, and November 28, 2018. Attachments: 1.Action Minutes of May 16, 2018 2.Action Minutes of July 18, 2018 3.Action Minutes of September 19, 2018 4.Action Minutes of November 28, 2018 Approved: Lucho Rodriguez, P.E., Acting Public Works Director City of Hermosa Beach Printed on 2/8/2019Page 1 of 1 powered by Legistar™ ACTION MINUTES PUBLIC WORKS COMMISSION REGULAR MEETING OF WEDNESDAY, May 16, 2018 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE 7:00 P.M. COMMISSIONERS David Grethen Andrea Giancoli Kathy Dunbabin Janice Brittain Kent F. Brown 1. Call to Order 7:02 pm 2. Flag Salute 3. Roll Call Present: Commissioner Brown, Commissioner Giancoli, Commissioner Grethen, and Chairwoman Dunbabin. Absent: Commissioner Brittain *Commissioner Brittain arrived and joined the Commission at 7:06 pm. Staff present: Glen W.C. Kau, Public Works Director/City Engineer and Liz Ziegler, Management Analyst. 4. Approval of Action Minutes ACTION: Motion was made by Commissioner Grethen to approve the action minutes from March 21, 2018. Commissioner Brown seconded and the motion passed. AYES: Comms. Brown, Dunbabin, and Grethen NOES: None ABSTAIN: Comm. Giancoli ABSENT: Comm. Brittain 5. Public Comment on Non-Agenda Items: Chairperson Dunbabin Announcement: The Commission will not be considering “Item 8a” the removal of the Pedestrian Crossing Signal located at Pacific Coast Highway (PCH) and 3rd Street. The Public Works Director provided an explanation that there is not enough information to proceed with Caltrans’ request for the removal of the aforementioned Signal Light. Dir. Glen Kau states that his department with a traffic engineer consultant shall do further review of the matter with Caltrans, and may or may not submit the matter for consideration depending on the results of the review. • Nicole Robinson, 819 3rd Street, Resident for almost 30 years, expressed that PCH has almost turned into a freeway; taking away slowing down the traffic is a bad idea. • Taya Boughton, 2nd Street and Ardmore, shares that she considers the light at PCH and 3rd Street as the safest crosswalk on PCH between 5th and 190th Street. She mentions that the light is not synchronized between the southernmost light on 2nd and the northern 2nd Street light. She is proposing that if the light on 3rd Street is removed, get rid of the crosswalks on 3rd and 4th altogether and get rid of the southern 2nd Street light and add a crosswalk on the northern 2nd Street light. 2 • Marylou Puckett, 832 4th Street, expressed that the light on 3rd Street added to the safety of the neighborhood by slowing down the traffic and making the area more walk-able. • Laura Borcich, 223 24th Street, Resident and Business Owner of Miss Bee’s Tutoring suggested placing a bike rack at the intersection of Pier and Valley Drive to accommodate an area poorly served by bike racks. The existing racks at the Library are messy and too small. • Jeff Prugh, co-owner of Hi-Fi Espresso at 227 PCH, states that if the crosswalk on 3rd Street and PCH were eliminated, his business would be affected. He votes to keep it. • Barbara Ellman, Loma Drive, encourages Commissioners to go to the corners of 2nd Street and PCH and try to cross the streets. She expressed that it is very confusing. Also, the crosswalk light on 3rd Street changes quite quickly but the lights that are flashing is visible to oncoming traffic. • Ira Ellman, Loma Drive, thanked Public Works for the improvement in Bi-Centennial Park and reiterated that it’s public safety versus speed of traffic and also helping businesses in regards to the consideration to remove Pedestrian Crossing Signal on PCH and 3rd Street. He hopes this request remains tabled. Comm. Brown requested that the conversation between Public Works Director and Caltrans review safety for the crosswalks on 2nd, 3rd and 4th streets. Comm. Giancoli requested that if Pedestrian Crossing Signal located on PCH and 3rd Street go back to Commission, staff report should include the statistics of accident history for pedestrian and bike traffic prior to and after crosswalk was put in, why the crosswalk was put in, as well as pedestrian crossing volumes during peak hours (like weekends), and other options explored (i.e. adding signs that will help avoid confusion of drivers) to address the issues mentioned. Comm. Grethen added to what fellow Comm. Giancoli has said by requesting that Public Works distinguish between the Pedestrian hybrid beacon signals versus the existence of a crosswalk itself. 6. Correspondence: Parker Herriott Letter It was stated that letter of Parker Herriott addressed to the Commission was a public information request that the Public Works Department can provide. Hence, the Public Works Department will respond. 7. Presentations: None 8. Items for Consideration b. Request to Review the Preliminary Design Report for Lot D project (CIP 16-682 Electric Vehicle and Bicycle Transportation Infrastructure Expansion) and discuss the preferred alternative to City Council. Public Comment: • Matt Hill, 1401 Manhattan Avenue, expressed that the Preliminary Design for Lot D is a fantastic design and would be excited for it to move forward. ACTION: Motion was made by Commissioner Grethen that the Public Works Commission recommend to the City Council that Option 1 be used as the Baseline Design for Lot D. Commissioner Brown seconded the motion and the motion passed unanimously. AYES: Comms. Brittain, Brown, Dunbabin, Giancoli, Grethen NOES: None ABSTAIN: None ABSENT: None ACTION: Motion was made by Commissioner Brittain to confirm that current residential parking be maintained and to increase the amount of bike racks for bike parking. Commissioner Brown seconded the motion and the motion passed unanimously. AYES: Comms. Brittain, Brown, Dunbabin, Giancoli, Grethen 3 NOES: None ABSTAIN: None ABSENT: None ACTION: Motion was made by Commissioner Brittain to explore adding a golf cart parking without decreasing the existing parking spots in Option 1. Commissioner Brown seconded the motion and the motion passed unanimously. AYES: Comms. Brittain, Brown, Dunbabin, Giancoli, Grethen NOES: None ABSTAIN: None ABSENT: None c. Request that the Public Works Commission 1) Review, provide comment and recommendations and 2) Receive and file the proposed FY 2018-19 Capital Improvement Program. PW Commission Comments and Recommendations: 1. Giancoli: Add project for ADA ramp on the south west side by the parking lot to the unfunded capital needs schedule. 2. Grethen and Brown: Please have Kristy obtain preliminary itemized construction budget for restroom projects at parks. 3. Giancoli: Requested completion of CIP 14-168 Bike Friendly Improvements. Director indicated scope will be included in CIP 17-186 Street Improvement Project scope to obtain better bid. 4. Brown: Requested that staff look at feasibility of doing sewer cleaning (hydroflushing) in house. 5. Grethen: Recommended to increase funding for pavement for street maintenance. 6. Grethen: Recommended that staff discuss with the County the needed repairs to County infrastructure in the sewer/storm drain system recommended in the master plan. 7. Brown and Grethen: Requested the budget reports show difference between annual funding for sewer, street, and storm drain projects and recommended annual improvements per the updated master plans. Requested note be added to the Unfunded Capital Needs report. 8. Brittain: Comment that there is concern some major projects are underfunded such as the Pavement, Sewer, and Storm Drain. 9. Grethen: Requested total funding by project listed at the bottom of the department expenditure detail sheets. 10. Grethen: Requested that staff show total funding to total expended for the projects. ACTION: Motion was made by Commissioner Brittain to acknowledge receipt and file FY 2018-19 Capital Improvement Program and to send Public Works Commission’s recommendations and comments to the Finance Department. Commissioner Brown seconded, and the motion passed unanimously. AYES: Comms. Brittain, Brown, Dunbabin, Giancoli, Grethen NOES: None ABSTAIN: None ABSENT: None 9. Commissioners’ Reports – No Action 10. Monthly Reports – No Action 11. Commissioners’ Announcements – No Action 12. Adjournment ACTION: Motion to adjourn at 10:30pm to the next meeting on July 18, 2018 was made by Commissioner Brown. Commissioner Giancoli seconded and the motion passed unanimously. AYES: Comms. Brittain, Brown, Dunbabin, Giancoli, Grethen NOES: None ABSTAIN: None ABSENT: None ACTION MINUTES PUBLIC WORKS COMMISSION REGULAR MEETING OF WEDNESDAY, July 18, 2018 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE 7:00 P.M. COMMISSIONERS David Grethen Andrea Giancoli Kathy Dunbabin Janice Brittain Kent F. Brown The regularly scheduled meeting of the Public Works Commission on July 18, 2018 at 7pm was cancelled due to lack of business. ACTION MINUTES PUBLIC WORKS COMMISSION REGULAR MEETING OF WEDNESDAY, September 19, 2018 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE 7:00 P.M. COMMISSIONERS David Grethen Andrea Giancoli Kathy Dunbabin Janice Brittain Kent F. Brown 1.Call to Order 7:02 pm 2.Flag Salute 3.Roll Call Present: Commissioner Brittain, Commissioner Brown, Commissioner Giancoli, Commissioner Grethen, and Chairwoman Dunbabin. Staff present: Glen W.C. Kau, Public Works Director/City Engineer; Reed Salan, Associate Engineer; and Fabio Macias, Assistant Engineer. 4.Approval of Action Minutes – Not available at this time. 5.Public Comment on Non-Agenda Items– No Action 6. Correspondence – No Action 7. Presentations – No Action 8.Items for Consideration a.Request to Install Swing Gates at Four Strand Entrance Locations – No Action. Item is being pulled from the Agenda due to some changes in participants. The goal is to bring this item back for discussion in the next Public Works Commission meeting after consultation with all participants. b.Request to Remove Two Trees from the Public Right of Way at 1010 Monterey Blvd and accept the installation of a total of four new trees, two replacement trees and two additional trees at the same location from the City’s approved tree list. PUBLIC COMMENT: •Howard Crabtree, Architect and Agent for the developer, 5430 West 142nd Place, Hawthorne, provided information on the actual location/position of the palm trees to be removed. He explains that in reality the root ball of the palm tree is 3 feet higher in elevation than where the side walk would be. He further explained the proposed design using his site plan as reference. ACTION: Motion was made by Commissioner Brittain to accept the proposal to remove two trees and replace them with the four new trees from the city’s approved tree list: two (2) replacement trees and two (2) additional trees at the same location. Comm. Grethen seconded the motion. The motion passed unanimously. AYES: Brittain, Brown, Dunbabin, Giancoli, Grethen 2 NOES: None ABSTAIN: None ABSENT: None 9.Commissioners’ Reports a.July 18, 2018 Meeting Cancellation – Chair Dunbabin On July 10, the PWC liaison, Liz Zeigler, emailed Chair Kathy Dunbabin that “there are no agenda items and Glen Kau, the PW Director will be on vacation, for the July 18, 2018 meeting". The email was forwarded to all Commissioners. One Commissioner had Policy and Procedure questions which Dunbabin thought should be answered by Glen Kau. Rather than spend funds for Staff, Camera Operator and use of City Council Chambers, Dunbabin as the PWC Chairperson decided to cancel the July 18, 2018 meeting because there were 1) no agenda items 2) Glen Kau would not be present to answer Policy and Procedure questions and 3) the next day, July 19, 2018 there was a Joint Meeting of the City Council and Commissioners. In an email Dunbabin was informed by Liz Zeigler that "we simply post a notice that the meeting has been cancelled for lack of quorum." Dunbabin stated in a subsequent email to City officials that the PWC is a dedicated group and the members do due diligence in researching agenda items and making informed decisions. Attendance at meetings and interest in agenda items have been exemplary. After enquiries about the use of "lack of a quorum" as the reason for the cancellation of the PWC meeting, Dunbabin received the following email from Mike Jenkins, Hermosa Beach City Attorney. On Jul 30, 2018, at 2:58 PM, Michael Jenkins <Michael.Jenkins@bbklaw.com> wrote: “It is standard practice when cancelling a regular meeting to explain that the cancellation is due to lack of a quorum. It is not meant to be pejorative, or to suggest that the body is lazy or otherwise unwilling to do its work. Since the body has a regular meeting that would ordinarily occur on a date certain, it is the commonly used way to describe why the meeting is not going forward. I suppose we could instead say that the meeting is cancelled for lack of business; though, consider whether some might argue with that explanation. In any event, we can't change what happened in the past, but if you want to propose a more palatable phrase going forward, let me know and we can consider using it.” In her email of July 31, 2018, Chair Dunbabin responded to Mike Jenkins: “Moving forward, 'lack of business' should certainly be an option regarding a meeting's cancellation if the criteria are met." I apologize to all my commissioners for not having said "no" to "lack of quorum" as the reason for the cancellation and then held a meeting at which no business would be conducted and at taxpayers' expense. In the future I hope all commissions will use "lack of business" if that is the true reason for their meeting cancellations, not "lack of quorum". b.Joint Meeting of HB Council and Commissions, July 19, 2018 – No Action c.Parks Restrooms – Commissioner Brown and Commissioner Grethen – No Action d.Access Hermosa – Commissioner Giancoli – No Action e.Aviation Living Streets – Commissioner Grethen – No Action f.National Night Out Hermosa Beach Neighborhood Watch, August 7, 2018 – No Action 10.Monthly Reports – No Action 11.Commissioner Items (Other Matters) – No Action 12.Commissioners’ Announcements – No Action 3 13. Adjournment Chair Dunbabin stated that she was not in the meeting in the prior year when the November meeting was changed. The regular proposed meeting for November 21, 2018 was moved to November 28, 2018. She requested confirmation from the Public Works Director that this date works with the Public Works Department. Director Kau stated he would confirm and notify the Commissioners within a week. The Regular Meeting of the Public Works Commission for September 19, 2018 was adjourned at 9:38 pm to the next Meeting of the Public Works Commission November 21st or 28th, to be determined. ACTION MINUTES PUBLIC WORKS COMMISSION REGULAR MEETING OF WEDNESDAY, November 28, 2018 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE 7:00 P.M. COMMISSIONERS David Grethen Andrea Giancoli Kathy Dunbabin Janice Brittain Kent F. Brown 1. Call to Order 7:02 pm 2. Flag Salute 3. Roll Call Present: Commissioner Brittain, Commissioner Brown, Commissioner Giancoli, Commissioner Grethen, and Chairwoman Dunbabin. Staff present: Glen W.C. Kau, Public Works Director/City Engineer; Fabio Macias, Assistant Engineer; and Bea Chan, Management Analyst. 4. Approval of Action Minutes – Not available at this time. 5. Public Comment on Non-Agenda Items– None, No Action 6. Correspondence – No Action 7. Presentations – No Action 8. Items for Consideration a. Request to approve the staff recommendations to Clark Building upgrades: electrical power, HVAC, and kitchen equipment. ACTION: Motion was made by Commissioner Brittain that the Public Works Commission recommend moving forward with the building electrical supply upgrades, seconded by Commissioner Brown, and the motion passed unanimously. AYES: Brittain, Brown, Dunbabin, Giancoli, Grethen NOES: None ABSTAIN: None ABSENT: None ACTION: Motion was made by Commissioner Brittain that the Public Works Commission recommend moving forward with the heating/ventilation and air conditioning (HVAC) upgrades for the Kitchen and Main Activity Area, seconded by Commissioner Brown, and the motion passed unanimously. AYES: Brittain, Brown, Dunbabin, Giancoli, Grethen NOES: None ABSTAIN: None ABSENT: None 2 ACTION: Motion was made by Commissioner Brown that the Public Works Commission approve the staff recommendation for all the kitchen equipment, seconded by Commissioner Brittain, and the motion passed unanimously. AYES: Brittain, Brown, Dunbabin, Giancoli, Grethen NOES: None ABSTAIN: None ABSENT: None b. Request to remove two trees fronting 122 1st Street and accept the installation of two new Queen Palm trees at approximately the same location. PUBLIC COMMENT: • Scott Hayes, property owner at 122 1st Street for 2.5 years, shared that when moved in, the home insurance company requested trees be trimmed since they are brushing up against the house and since that time, the trees are brushing up against the house again. He expressed that the trees are of a nuisance to residents in his home and next-door neighbor due to trimmings and droppings. He conveyed that in application for tree removal it’s stated that sidewalk is being lifted and voiced concern that with rain season coming, they would need to be on the roof every other week to clear gutters. • Rachel Hayes, 122 1st Street, shared that the first year they lived in the house the Pine tree had no cone droppings but in the 2nd year there were cone droppings. She expanded on the nuisance factor; by sharing it takes approximately 4 weeks to clear a year’s droppings. She states that the insurance company sees the Pepper Tree as a hazard since it is so close to the house and also shared that the root is seen coming out of curb and going in sidewalk again. The Queen Palm tree was chosen for replacement because generally it is easiest in terms of maintenance with fewer droppings. ACTION: Motion was made by Commissioner Brown that the Public Works Commission approve the tree removal request of the Star Pine, seconded by Commissioner Grethen, and the motion passed with 4 votes in favor and 1 abstention. AYES: Brittain, Brown, Dunbabin, Grethen NOES: None ABSTAIN: Giancoli ABSENT: None ACTION: Motion was made by Commissioner Brittain that the Public Works Commission approve the tree removal request of the Brazilian pepper tree and seconded by Chairperson Dunbabin. The motion failed with 2 votes in favor and 3 against. AYES: Brittain, Dunbabin NOES: Brown, Giancoli, Grethen ABSTAIN: None ABSENT: None It was agreed that the Public Works Director would work with the Resident, with consideration of the Arborist’s recommendation and affecting the power lines, in the choice of replacement for the Star Pine tree. c. Request that the Public Works Commission review the staff recommendation for The Strand Gates, acquire Traffic Engineer review for the proposed installation of bollards on The Strand at 11th Street, and provide direction to staff. ACTION: Motion was made by Commissioner Brittain that the Public Works Commission approve The Strand Gates for 10th Street, 13th Street and 14th Street and seconded by Commissioner Grethen. The motion failed with 2 votes in favor and 3 against. AYES: Brittain, Grethen NOES: Brown, Giancoli, Dunbabin ABSTAIN: None ABSENT: None 3 ACTION: Motion was made by Commissioner Brittain that the Public Works Commission request the Public Works to acquire a Traffic Engineer to consider bollards for 11th Street on The Strand based on the Lifeguard’s recommendation, seconded by Commissioner Brown, and the motion passed with 3 votes in favor and 2 against. AYES: Brittain, Brown, Giancoli NOES: Grethen, Dunbabin ABSTAIN: None ABSENT: None ACTION: Motion was made by Chairperson Dunbabin that the Public Works Commission recommends the examination of bollards for 10th, 11th, 13th, and 14th Street in place of The Strand Gates, seconded by Commissioner Giancoli, and the motion passed with 3 votes in favor and 2 against. AYES: Giancoli, Grethen, Dunbabin NOES: Brittain, Brown ABSTAIN: None ABSENT: None ACTION: Motion was made by Commissioner Grethen that the Public Works Commission requests that when the staff comes back with the bollard study, it includes in the report a brief trade study showing the relative pros and cons of bollards versus swing gates, a cost comparison, and input from Police and Fire, seconded by Commissioner Giancoli, and the motion passed with 3 votes in favor and 2 against. AYES: Giancoli, Grethen, Brittain NOES: Brown, Dunbabin ABSTAIN: None ABSENT: None d. Appointment of the Public Works Commission Chairperson for 2019 and receive and file the proposed Public Works Commission 2019 Meeting Schedule. ACTION: Motion was made by Commissioner Giancoli that the Public Works Commission appoint Commissioner Brittain as the PWC Chairperson for 2019, seconded by Commissioner Brown, and the motion passed unanimously. AYES: Brittain, Brown, Dunbabin, Giancoli, Grethen NOES: None ABSTAIN: None ABSENT: None ACTION: Motion was made by Commissioner Giancoli that the Public Works Commission accept the PWC 2019 Meeting Schedule, seconded by Commissioner Brown, and the motion passed unanimously. AYES: Brittain, Brown, Dunbabin, Giancoli, Grethen NOES: None ABSTAIN: None ABSENT: None 9. Commissioners’ Reports – No Action 10. Monthly Reports – No Action 11. Commissioners’ Item s (Other Matters) – No Action 12. Commissioner’s Announcements – No Action 13. Adjournment - The Regular Meeting of the Public Works Commission for November 28, 2018 was adjourned at 10:39 p.m. to the Regular Meeting of the Public Works Commission on Wednesday, January 16, 2019 at 7 pm. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0075 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 RECOMMENDATION TO REJECT CLAIM (Human Resources Manager Vanessa Godinez) Recommended Action: Staff recommends that the City Council reject the following claim and refer it to the City’s Liability Claims Administrator. Claimant: Nathan Carroll Date of Loss: 8/26/2018 Date Filed: 12/31/2018 Allegation: Claimant states a security guard working for Frontline Protection Services Inc. stole money and property from him while he was working as a photographer for the Hermosa Beach summer concert series. Attachments: 1.Claim Report for Nathan Carroll Respectfully Submitted: Vanessa Godinez, Human Resources Manager Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 2/7/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0087 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 APPROVAL OF AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND BURKE, WILLIAMS & SORENSEN, LLP FOR LEGAL SERVICES (Human Resources Manager Vanessa Godinez) Recommended Action: Staff recommends that the City Council approve the contract with the law firm Burke, Williams & Sorensen, LLP to provide legal services in the area of labor negotiations to the City. Summary: In 2016, Daphne Anneet of the law firm of Burke, Williams & Sorensen, LLP assisted the City with labor negotiations that led to the execution of Memoranda of Understanding (MOU) with seven labor groups. The MOUs executed in 2016 are set to expire on June 30, 2019. Staff recommends retaining Ms. Anneet to continue representing the City as Lead Negotiator and to provide legal services in the area of labor negotiations. Therefore, staff requests Council approval of a new agreement with Burke, Williams & Sorensen. General Plan Consistency: This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant policies are listed below: Governance Element: 1.4 Consensus Oriented. Strive to utilize a consensus-oriented decision making process. 1.6 Long-term Considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities. Fiscal Impact: Burke, Williams & Sorensen projects fees associated with preparation for labor negotiations, meetings with City Council, and meeting and conferring with the labor groups to be $70,000. The FY 2018-19 budget includes $30,000 for legal services specifically for labor negotiations. The City City of Hermosa Beach Printed on 2/5/2019Page 1 of 2 powered by Legistar™ Staff Report REPORT 19-0087 Manager can approve a transfer of funds of $40,000 from Prospective Expenditures to the Human Resources Department budget, should Council approve the Burke, Williams & Sorensen agreement. Attachments: 1.2019 Burke, Williams & Sorensen, LLP Agreement Respectfully Submitted by: Vanessa Godinez, Human Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 2/5/2019Page 2 of 2 powered by Legistar™ 65270.00001\31792213.1 1 AGREEMENT FOR LEGAL SERVICES FOR THE CITY OF HERMOSA BEACH This Agreement is made and entered into by and between the law firm of Burke, Williams & Sorensen, LLP (hereinafter "the Firm") and the City of Hermosa Beach (hereinafter "the City") as of February 12, 2019. R E C I T A L S: A.The City desires to retain the Firm to provide special legal services in the area of labor negotiations to the City. B.The attorneys of the Firm are duly licensed under the laws of the State of California and are fully qualified to provide the services contemplated by this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1.Scope of Services. The Firm shall perform special legal services at the direction of the City Council and the City Council and shall use its best efforts to provide those services in a competent and professional manner. The legal services to be provided by the Firm shall consist of those set forth in Exhibit "A" attached hereto and shall be billed at the rates set forth therein or as otherwise agreed by the parties. 2.Designation of Responsible Attorney. Daphne M. Anneet is designated as the Firm’s representative and lead attorney for the Firm in connection with the services; Ms. Anneet will be assisted by Janae Novotny. The parties understand and agree that the Firm may, from time to time, utilize other attorneys within the Firm to assist in the performance of this Agreement subject to advance approval of the City Council. 3.Billing Procedures and Monthly Statements. 3.1 Payment for all services set forth in Exhibit A shall be made on or before the last day of each month for services rendered during the preceding month. The Firm shall submit to the City, within 15 days after the end of each calendar month, a general statement of professional services provided. 3.2 The Firm will not bill the City for routine copying, telephone, mileage, facsimile, word processing, electronic research within the Firm’s contract plan or travel costs (transportation and lodging) between the Firm’s offices and the City. The 65270.00001\31792213.1 2 Firm will bill the City, without any mark-up, actual expenses for out-of-contract electronic legal research, parking, filing fees, transcripts, delivery charges, extraordinary copying and similar out-of-pocket expenses. These items will be separately designated on the Firm's monthly statements as "disbursements" and will be billed in addition to the fees for professional services. 4.Term of the Agreement. This Agreement shall commence as of February 13, 2019 and shall be and remain in full force and effect until terminated in accordance with the provisions of Section 6 hereof. 5.Resolution of Fee Disputes. The City is entitled to require that any fee dispute be resolved by binding arbitration in Los Angeles pursuant to the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. In the event that City chooses not to utilize the Los Angeles County Bar Association's arbitration procedures, City agrees that all disputes regarding the professional services rendered or fees charged by the Firm shall be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules. 6.Termination of the Agreement. Either party may terminate this Agreement, with or without cause, upon written notice to the other. Notwithstanding the termination of the Firm’s services, City will remain obligated to pay to the Firm all fees and costs incurred prior to termination. 7.Conflict of Interest. The Firm represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any legal representation which is in conflict with the legal services to be provided the City under this Agreement. The Firm represents that no City employee or official has a material financial interest in the Firm. During the term of this Agreement and/or as a result of being awarded this contract, the Firm shall not offer, encourage or accept any financial interest in the Firm’s business from any City employee or official. 8.Files. 65270.00001\31792213.1 3 All legal files of the Firm pertaining to the City shall be and remain the property of City. The Firm shall control the physical location of such legal files in a secure and accessible location during the term of this Agreement and be entitled to retain copies of such files, at the Firm’s expense, upon termination of this Agreement. 9.Modifications to the Agreement. Unless otherwise provided for in this Agreement, modifications relating to the nature, extent or duration of the Firm's professional services to be rendered hereunder shall require the written approval of the parties. Any such written approval shall be deemed to be a supplement to this Agreement and shall specify any changes in the Scope of Services and the agreed-upon billing rate to be charged by the Firm and paid by the City. 10.Nondiscrimination. In the performance of this Agreement, the Firm shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, sexual orientation or medical condition. The Firm shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national origin, sexual orientation or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training. 11.Assignment and Delegation. This Agreement contemplates the personal professional services of the Firm and it shall not be assigned or delegated without the prior written consent of the City. The Firm shall supervise delegated work, except where precluded from doing so by virtue of a conflict of interest and where otherwise agreed to by the parties hereto. 12.Insurance. 12.1 The Firm shall obtain and maintain in full force and effect a professional liability insurance policy which provides coverage in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate. Said insurance policy shall provide coverage to the City for any damages or losses suffered by the City as a result of any error or omission or neglect by the Firm which arises out of the professional services required by this Agreement. Such insurance may be subject to a self-insured retention or deductible to be borne entirely by the Firm. 65270.00001\31792213.1 4 12.2 The Firm shall, if and as prescribed by law, obtain and maintain Workers' Compensation insurance in accordance with Section 3700 of the California Labor Code. 12.3 The Firm agrees to notify City in the event the limits of its insurance should fall below the coverage stated in this paragraph or if the insurance policies noted here are allowed to lapse and substitute insurance is not obtained. 13.Indemnification. 13.1 The Firm agrees to indemnify, hold harmless and defend City and City Council, its officers, employees, agents and volunteers, from any and all liability or financial loss including legal expenses and costs of expert witnesses and consultants resulting from any suits, claims, losses or actions brought by any person or persons, by reasons of personal injury and injury to personal and real property arising directly or indirectly from the negligent or wrongful activities and operations of the Firm, including its officers, agents, employees, or subcontractors in the performance of this Agreement. 13.2 The provisions of this Paragraph 13 shall survive the termination of this Agreement. 14. Legal construction. 14.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. 14.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. 14.3 The article and section, captions and headings herein have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. 14.4 Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural. 15. Notices. 65270.00001\31792213.1 5 Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows: TO CITY:Michael Jenkins City Attorney Best Best & Krieger 1230 Rosecrans Avenue, Ste. 110 Manhattan Beach, CA 90266 TO FIRM:Daphne M. Anneet Burke, Williams, & Sorensen, LLP 444 South Flower Street, Suite 2400 Los Angeles, CA 90071 16. Warranty of Authorized Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. 17.Entire Agreement. This Agreement, together with any written modification pursuant to Paragraph 9 above, shall constitute the full and complete agreement and understanding of the parties and shall be deemed to supersede all other written or oral statements of either party relating to the subject matter hereof. The Agreement for legal services between the parties dated June 15, 2017 is hereby concluded and superseded in its entirety by this Agreement. IN WITNESS WHEREOF, the duly authorized representatives of the parties have caused this Agreement to be executed as of the dates indicated below. Dated:____________________ CITY OF HERMOSA BEACH By_____________________________ 65270.00001\31792213.1 6 CITY MANAGER ATTEST: _________________________ CITY CLERK (Seal) Dated:____________________Burke, Williams & Sorenson A Limited Liability Partnership By_____________________________ DAPHNE M. ANNEET Attachments: Exhibit A Scope of services and applicable billing rates 65270.00001\31792213.1 EXHIBIT "A" SCOPE OF SERVICES AND APPLICABLE BILLING RATES Scope of Services: The City hires the Firm to provide legal services in connection with labor negotiations with the City’s employee associations. Ms. Anneet of the firm shall serve as the City’s lead negotiator. No representation outside of the matters set forth in this Attachment “A” shall be provided by the Firm to the City. No representation of any elected officials, employees, or any other persons or entities affiliated with the City shall be provided unless such representation is expressly included in this Attachment “A” to this Agreement. The Firm will provide those legal services reasonably required to represent the City. The Firm will take reasonable steps to keep the City informed of progress and to respond to the City’s inquiries. Services in any matter not described above will require a separate written agreement or a written modification to this Agreement. Payment Terms: City will be billed at the hourly rate of $295 per hour for partners, $275 per hour for senior associate attorneys, $260 per hour for associate attorneys, and $135 per hour for paralegals. Time will be billed in tenth of an hour increments. Firm will not bill City for travel time between the Firm’s offices and the City. Cost of legal services shall not exceed $70,000 absent City approval in writing. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0077 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 APPROVAL OF 2019 IMPACT LEVEL III SPECIAL EVENT MARYMOUNT CALIFORNIA UNIVERSITY WOMEN’S VOLLEYBALL HOME BEACH GAMES (2/22, 3/15, 3/29 & 4/5); AND APPROVAL OF NEW IMPACT LEVEL II SPECIAL EVENTS: THE SOUTH BAY SURF SERIES (3/24); AND POR SANDY SAUTÉ (3/30); (Community Resources Manager Kelly Orta) Recommended Action: Staff recommends that the City Council hold a Public Hearing to approve the Parks, Recreation and Community Resources Advisory Commission’s recommendation to approve the following 2019 special events: 1.Marymount California University Women’s Volleyball Home Beach Games on Fridays, February 22, March 15 and 29, and April 5 on the volleyball courts north of the Pier (Impact Level III); 2.South Bay Surf Series on Sunday, March 24 on the beach south of the Pier (Impact Level II); and 3.POR Sandy Sauté on Saturday, March 30 on the beach north of the Pier (Impact Level II). Executive Summary: The City of Hermosa Beach is a highly sought-after destination for special events,especially those taking place on the beach.The Community Resources Department is tasked with overseeing these event and permit requests following an extensive review and approval process that includes both the Parks,Recreation and Community Resources Advisory Commission (Commission)and the City Council,depending on the Impact Level of each event.Impact Level III events,which are the largest in overall impact to the City and new events to the City,require a public hearing by the Commission and City Council for formal approval. At the its regular meeting on January 2,2019,the Commission recommended for approval the Marymount California University Women’s Volleyball Home Beach Games on February 22,March 15, March 29 and April 5; the South Bay Surf Series on March 24; and POR Sandy Sauté on March 30. City of Hermosa Beach Printed on 2/8/2019Page 1 of 5 powered by Legistar™ Staff Report REPORT 19-0077 Background: In 2017,the revised Special Event Policy Guide was implemented,which outlined an updated approval process for special events consistent with each event’s categorized impact levels.Impact Level III events,which are events with the largest impact to the City,and new events to Hermosa Beach require review and approval by City Council.Initial review and approval of returning 2019 Impact Level III events were completed by the Commission on September 4,2018 and were subsequently approved by City Council on October 23,2018.These events are included on the 2019 Tentative Special Event Calendar (Attachment 1).Additionally,Attachment 1 contains approved 2019 Impact Level I and II events,which require staff or Commission approval.Impact Level I events require an administrative approval and Impact Level II events require approval by the Commission, which took place on December 4, 2018. The Parks,Recreation and Community Resources Advisory Commission reviewed and made its recommendation for approval of the above-listed events at its regular meeting on January 2, 2019. Analysis: Staff received a total of one (1)Impact Level III event application and two (2)Impact Level II event applications that are both new to Hermosa Beach.A brief summary of each event is detailed below. Please note that often,staff works with event producers prior to presentation of their application to the Commission or Council if requested event dates conflict with previously approved activities. Therefore,the date(s)listed on the first page of the application,and in related sections throughout, may not be consistent with what is listed and discussed in the staff report.The information included in this staff report should be considered the most updated and accurate information and is reflective of event dates mutually agreed upon by staff and event producers for the Commission and City Council consideration. Marymount California University Women’s Volleyball Home Beach Games The Marymount California University Women’s Volleyball Team request to hold its home volleyball matches on the volleyball courts on the north side of the Pier on the following Fridays:February 22, March 15 and 29,and April 5.Each day includes collegiate volleyball matches between two schools, each with five (5)teams of two (2)players.Spectator estimates include approximately 50-100 people,totaling a combined estimated attendance of 100 to 150 people.Approval of this event does not conflict with other event requests or holidays.Some of the event dates are concurrent with other events scheduled within the City;however,staff has no concerns as the events are planned for different locations and/or different times.Attachment 2 includes additional event details as part of their special event application.Estimated event and permit fees for all four requested event days, payable to the City, are included in Table 1 below: City of Hermosa Beach Printed on 2/8/2019Page 2 of 5 powered by Legistar™ Staff Report REPORT 19-0077 Table 1: Marymount CA University Women’s Volleyball - Estimated Event Fees Fee Calculation Estimated Total Application Fee $544 --- $544 Event Fees Non -Profit $2 per participant $2 x 80 $160 Parking $1.25 per space per hour 5 spaces x 8 hours x 4 days $200 South Bay Surf Series The South Bay Boardriders Club request to hold an event for its 2019 South Bay Surf Series on the south side of the Pier on Sunday,March 24.The South Bay Surf Series provides local amateur surf contests for the South Bay community.The Hermosa Beach contest date would be one of several throughout the area in 2019.This event is categorized as an Impact Level II event and requires a public hearing by the Commission and City Council because it is new to Hermosa Beach. The South Bay Surf Series anticipates 100 participants and 30 spectators,totaling an estimated attendance of 130 for this family-friendly event for ages 8 to 60.Approval of this event does not conflict with other event requests or holidays.The event date is concurrent with other events scheduled within the City;however,staff has no concerns as the events are planned for different locations and/or different times and should not impact one another.Additionally,approval of this event would allow the south side volleyball courts to remain available for recreational play,consistent with the Special Event Policy.Attachment 3 includes additional event details as part of their special event application. Estimated event and permit fees payable to the City are included in Table 2 below: Table 2: South Bay Surf Series - Estimated Event Fees Fee Calculation Estimated Total Application Fee $544 --- $544 Event Fees Non -Profit $2 per participant $2 x 100 $200 Amplified Sound Permit $160 --- $160 POR Sandy Sauté Pants Off Racing would like to hold a beach event north of the Pier on Saturday, March 30. This run/walk event will fundraise for various services to support families impacted by pancreatic cancer. This event is categorized as an Impact Level II event and requires a Public Hearing by the Commission and City Council because it is new to Hermosa Beach. City of Hermosa Beach Printed on 2/8/2019Page 3 of 5 powered by Legistar™ Staff Report REPORT 19-0077 This event anticipates 100 participants, 50 spectators, and a total estimated attendance of 100 for this family event attended by all ages. Approval of this event does not conflict with other event requests or holidays and is not concurrent with other events scheduled within the City.Attachment 4 includes additional event details as part of their special event application. Estimated event and permit fees payable to the City are included in Table 3 below: Table 3: POR Sandy Sauté - Estimated Event Fees Fee Calculation Estimated Total Application Fee $544 --- $544 Event Fees Non -Profit $2 per participant $2 x 100 $200 Amplified Sound Permit $160 --- $160 General Plan Consistency: This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant policies are listed below: ·Governance Goal 5. Small beach town character is reflected throughout Hermosa Beach. o 5.7 -Visitor and resident balance.Recognizing the desire and need to balance visitor- serving and local-serving uses as a key to preserving character and the economic vitality of the community. ·Parks &Open Space Goal 3.Community parks and facilities encourage social activity and interaction. o 3.1 -Community-friendly events.Encourage,permit,and support community group, nonprofit,or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions. o 3.2 -Social and cultural events.Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction. o 3.4 -Balance space needs.Balance the space needs and demand on public resources of formal and informal events. ·Parks &Open Space Goal 7.The beach offers high quality recreational opportunities and amenities desired by the community. o 7.3 -Recreational asset.Consider and treat the beach as a recreational asset andCity of Hermosa Beach Printed on 2/8/2019Page 4 of 5 powered by Legistar™ Staff Report REPORT 19-0077 o 7.3 -Recreational asset.Consider and treat the beach as a recreational asset and never as a commercial enterprise. o 7.5.Designated recreational uses.Continually evaluate and explore devoting certain portions of the beach to different preferred recreational uses while providing access for all users and meeting the recreation needs of visitors and residents. Fiscal Impact: If approved, estimated event revenue would be approximately $2,712. Attachments: 1.2019 Tentative Special Event Calendar 2.Marymount California University Women’s Volleyball Home Beach Games Event Application 3.South Bay Surf Series Event Application 4.POR Sandy Sauté Event Application Respectfully Submitted by: Kelly Orta, Community Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 2/8/2019Page 5 of 5 powered by Legistar™ Sun Mon Tue Wed Thu Fri Sat 1 New Year’s Day (City offices are CLOSED) 2 3 4 5 USAV NBT Junior (N. of Pier VB Cts.) 6 7 8 9 10 11 Sidewalk Festival (various locations) 12 Sidewalk Festival (various locations) CBVA (N. of Pier VB Cts.) 13 Sidewalk Festival (various locations) 14 15 16 17 18 19 20 21 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 22 23 24 25 26 USAV NBT Junior (N. of Pier VB Cts.) 27 28 29 30 31 JANUARY 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org # of Event Days: 7/15 Sun Mon Tue Wed Thu Fri Sat 1 2 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 3 4 5 6 7 8 9 USAV NBT Junior (N. of Pier VB Cts.) 10 11 12 13 14 15 16 17 18 19 20 21 22 Marymount Volleyball (N. of Pier VB Cts.) TENTATIVE 23 24 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 25 26 27 28 FEBRUARY 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org # of Event Days: 4/15 Sun Mon Tue Wed Thu Fri Sat 1 2 Beach Tennis (Beach Tennis courts) 3 Beach Tennis (Beach Tennis courts) 4 5 6 7 8 9 10 11 12 13 14 15 Marymount Volleyball (N. of Pier VB Cts.) TENTATIVE 16 St. Patrick’s Day Community Parade 17 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 18 19 20 21 22 Hearts of Hermosa Beach (Community Center) SETUP 23 Hearts of Hermosa Beach (Community Center) USAV NBT Junior (N. of Pier VB Cts.) 24 Hearts of Hermosa Beach (Community Center) CLEANUP CBVA (N. of Pier VB Cts.) Sandpipers Stroll the Strand (N. of Pier on Strand) South Bay Surf Ser. (beach south of Pier) TENTATIVE 25 26 27 28 29 Marymount Volleyball (N. of Pier VB Cts.) TENTATIVE 30 POR Sandy Sauté (beach north of Pier) TENTATIVE 31 MARCH 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org # of Event Days: 10/15 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 Marymount Volleyball (N. of Pier VB Cts.) TENTATIVE 6 Beach Tennis (Beach Tennis courts) 7 Beach Tennis (Beach Tennis courts) AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 8 9 10 11 12 13 Run As One 5K Run/Walk (Plaza and Strand) CBVA (N. of Pier VB Cts.) 14 Samburu Walk (N. of Pier on Strand) 15 16 17 18 19 20 Hope Chapel Easter Egg Hunt (Valley Park) 21 Hope Chapel Sunrise Service (HBCC East Lawn) TENTATIVE Easter Sunrise Mass (Beach South of Pier) 22 23 24 25 Skate for Schools (Skate Park) 26 27 Surfers Walk of Fame Induction Ceremony (Pier Plaza) Richstone Pier to Pier Walk (N. of Pier on Strand) Spyder Surf Fest (Pier Plaza) 28 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 29 30 APRIL 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org # of Event Days: 10/15 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 Endless Summer Classic Car Show (Pier Plaza) CBVA (N. of Pier VB Cts.) 5 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 6 USAV Collegiate Beach (N. of Pier VB Cts.) SETUP 7 USAV Collegiate Beach (N. of Pier VB Cts.) SETUP 8 USAV Collegiate Beach (N. of Pier VB Cts.) SETUP 9 USAV Collegiate Beach (N. of Pier VB Cts.) 10 USAV Collegiate Beach (N. of Pier VB Cts.) 11 USAV Collegiate Beach (N. of Pier VB Cts.) EVENT & CLEANUP 12 USAV Collegiate Beach (N. of Pier VB Cts.) CLEANUP 13 14 15 16 17 18 GW POP Peace Talks (Beach South of Pier) 19 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 20 21 22 23 24 25 FIESTA HERMOSA CBVA (N. of Pier VB Cts.) 26 FIESTA HERMOSA CBVA (N. of Pier VB Cts.) 27 FIESTA HERMOSA 28 29 30 31 MAY 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org # of Event Days: 11/15 (through 5/24) Sun Mon Tue Wed Thu Fri Sat 1 Beach Tennis (Beach Tennis courts) 2 Beach Tennis (Beach Tennis courts) 3 4 5 6 Fine Arts Festival (Community Center) SETUP 7 Fine Arts Festival (Community Center) SETUP 8 South Bay Paddle (Beach South of Pier) Fine Arts Festival (Community Center) 9 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) Fine Arts Festival (Community Center) EVENT & CLEANUP 10 11 12 13 14 15 Best Day Foundation (Beach S. of Pier) 16 Best Day Foundation (Beach S. of Pier) 17 18 19 20 21 HB Triathlon (Beach N. of Pier) SETUP 22 HB Triathlon (Beach N. of Pier & Plaza) SETUP 23 HB Triathlon (Beach N. of Pier, Plaza & Downtown) EVENT & CLEANUP 24 25 26 27 28 29 30 JUNE 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org Sun Mon Tue Wed Thu Fri Sat 1 2 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 3 4 4th of July Holiday (City offices are CLOSED) 5 6 7 8 AAU Jr. Nat. Champ. (N. & S. of Pier VB Courts) SETUP 9 AAU Jr. Nat. Champ. (N. & S. of Pier VB Courts) 10 AAU Jr. Nat. Champ. (N. & S. of Pier VB Courts) Shakespeare By the Sea (Valley Park) 11 AAU Jr. Nat. Champ. (N. & S. of Pier VB Courts) Shakespeare By the Sea (Valley Park 12 AAU Jr. Nat. Champ. (N. & S. of Pier VB Courts) 13 AAU Jr. Nat. Champ. (N. of Pier VB Cts.) EVENT & CLEANUP JVA & BVCA (N. of Pier VB Cts.) SETUP Smackfest (S. of Pier VB Cts.) 14 JVA & BVCA (N. of Pier VB Cts.) 15 JVA & BVCA (N. & S. of Pier VB Cts.) 16 JVA & BVCA (N. & S. of Pier VB Cts.) 17 JVA & BVCA (N. & S. of Pier VB Cts.) 18 JVA & BVCA (N. & S. of Pier VB Cts.) EVENT & CLEANUP 19 AVP (N. of Pier VB Cts.) SETUP 20 AVP (N. of Pier VB Cts.) SETUP 21 AVP (N. of Pier VB Cts.) SETUP 22 AVP (N. of Pier VB Cts.) SETUP 23 AVP (N. of Pier VB Cts.) SETUP 24 AVP (N. of Pier VB Cts.) 25 AVP (N. of Pier VB Cts.) 26 AVP (N. of Pier VB Cts.) 27 AVP (N. & S. of Pier VB Cts.) 28 AVP (N. of Pier VB Cts.) EVENT & CLEANUP 29 AVP (N. of Pier VB Cts.) CLEANUP 30 AVP (N. of Pier VB Cts.) CLEANUP 31 AVP (N. of Pier VB Cts.) CLEANUP JULY 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org Sun Mon Tue Wed Thu Fri Sat 1 2 Sidewalk Festival (various locations) 3 Sidewalk Festival (various locations) CBVA (N. of Pier VB Cts.) 4 Sidewalk Festival (various locations) CBVA (N. of Pier VB Cts.) Sunset Concert (tent.) 5 6 7 8 9 10 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 11 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) Sunset Concert (tent.) 12 13 14 15 16 17 CBVA (N. of Pier VB Cts.) Beach Tennis (Beach Tennis courts) 18 CBVA (N. of Pier VB Cts.) Beach Tennis (Beach Tennis courts) Sunset Concert (tent.) 19 20 21 22 23 24 CBVA (N. of Pier VB Cts.) 25 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) Sunset Concert (tent.) 26 27 28 29 30 FIESTA HERMOSA SETUP 31 FIESTA HERMOSA CBVA (N. of Pier VB Cts.) AUGUST 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org Sun Mon Tue Wed Thu Fri Sat 1 FIESTA HERMOSA CBVA (N. of Pier VB Cts.) 2 FIESTA HERMOSA 3 4 5 6 7 8 9 10 11 12 13 14 Best Day Foundation (Beach S. of Pier) Beach Tennis (Beach Tennis courts) 15 Best Day Foundation (Beach S. of Pier) Beach Tennis (Beach Tennis courts) Hope Chapel Family Picnic (Valley Park) 16 17 18 19 20 21 Alzheimer’s Walk (Pier Plaza & Strand) 22 23 24 25 26 27 28 USAV NBT Junior (N. of Pier VB Cts.) 29 USAV NBT Junior (N. of Pier VB Cts.) 30 SEPTEMBER 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org # of Event Days: 5/15 (Starting 9/2) Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 Beach Tennis (Beach Tennis courts) 6 Beach Tennis (Beach Tennis courts) 7 8 9 10 11 12 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Beach Tennis (Beach Tennis courts) 27 Beach Tennis (Beach Tennis courts) 28 29 30 31 OCTOBER 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org # of Event Days: 5/15 Sun Mon Tue Wed Thu Fri Sat 1 2 Beach Tennis (Beach Tennis courts) 3 Beach Tennis (Beach Tennis courts) 4 5 6 7 8 9 Jr. Novice & Satellite Tournament (CC Tennis Courts) TENTATIVE 10 Jr. Novice & Satellite Tournament (CC Tennis Courts) TENTATIVE 11 12 13 14 15 16 17 18 19 20 21 22 Sidewalk Festival (various locations) 23 Sidewalk Festival (various locations) AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 24 Sidewalk Festival (various locations) 25 26 27 28 Thanksgiving Holiday (City offices are CLOSED) 29 30 NOVEMBER 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org # of Event Days: 7/15 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) Tree Lighting Ceremony 8 AAU (N. of Pier VB Cts. & Beach Tennis Cts.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Community Menorah Lighting (Pier Plaza) 23 24 25 Christmas Holiday (City offices are CLOSED) 26 27 28 29 30 31 New Year’s Eve Celebration DECEMBER 2019 Impact Level I Impact Level II Impact Level III City of Hermosa Beach ● Community Resources Department 310.318.0280 ● hbconnect@hermosabch.org # of Event Days: 4/15 Off-Season Monthly Events (Labor Day – Memorial Day) # of Special Event Days # of Days Available (out of 15) January 7 8 February 4 11 March 10 5 April 10 5 May (through May 24) 11 4 September (from September 2) 5 10 October 5 10 November 7 8 December 4 9 Peak Season (Memorial Day – Labor Day; approx. 100 days) Level I & II Event Days (max. of 40) Level III Event Days (max of 30) City Sponsored/ Contracted Total # of Event Days (out of 70 total) 23 27 11 50 Page 1 of 14 Revised 7/19/2018 2019 City of Hermosa Beach Special Event Application Rules and Regulations Applications and other required documents must be submitted to: City of Hermosa Beach Community Resources Department 710 Pier Avenue, Hermosa Beach, CA 90254 Office Phone: 310.318.0280 ● Email: hbconnect@hermosabch.org ● Fax: 310.372.4333 Please refer to the Special Event Policy Guide on the City website for a complete listing of all policies and procedures related to special events in the City of Hermosa Beach. Application, application fee and all required documents must be submitted to the Department of Community Resources to be considered. Please note:  Applications MUST be completed electronically – handwritten applications will not be accepted. (Instructions for completing applications electronically can be found on the City website.)  ALL sections and pages of the application MUST be completed (or marked N/A) to be eligible for review. You will be notified by City staff if your application was not accepted due to it being incomplete. Approval Process Event Level Approval Group Event Review Schedule Impact Level I Approved by Community Resources Staff As received Impact Level II Approved by the Parks, Recreation and Community Resources Advisory Commission Meets monthly (first Tuesday of each month) Impact Level III & New Events Approved by public hearing at the Parks, Recreation and Community Resources Advisory Commission and City Council Meets monthly (Commission) (first Tuesday of each month) Meets bi-monthly (Council) (second and fourth Tuesday of each month) Multiple Events If you are applying for multiple event days and ALL characteristics of each day are the SAME (set-up, parking requests, etc.), you are welcome to submit one application and one application fee that includes all dates. Once an event has any details that differ between event dates, you are required to submit a SEPARATE application and application fee for each. Example: A youth volleyball organization is holding a variety of tournaments, including:  May – youth tournament (80 participants, 10 volleyball courts)  June – youth tournament (80 participants, 10 volleyball courts)  July – adult tournament (100 participants, 16 volleyball courts) The May and June events will be accepted on one application; the July event is required to be submitted on a separate application outlining that event’s details. Page 2 of 14 Revised 7/19/2018 YOU MUST SUBMIT THE FOLLOWING: To avoid processing delays of your application, do not leave any sections blank. Indicate items that do not apply with an N/A. Attach additional sheets to the application if more space is required.  Completed Application (ALL pages – blank pages marked NA)  Application Fee  Submit non-refundable $816 application fee ($544 for nonprofits or $272 for pass-throughs) payable to the City of Hermosa Beach. Applications received without the application fee will not be reviewed and will be returned as incomplete.  Site Plan  Include location of stages, tents, portable toilets, dumpsters, registration areas, fencing, barricades, bleachers, generators and all other items for your event. Facilities, equipment placement, parking needs, ingress and egress routes and street closure requests must also be included. The City may require a certified Traffic Control Plan (TCP) should your event be approved. Please note that completion of the Beach Usage Map (p. 14) does not qualify as a site plan.  Proof of Non-Profit Status Pending status does not qualify. Non-profit organizations must apply under their own name and not borrow the non-profit status of another entity.  Non-Profit Designation Letter  Current Copy of Form 990 AGREEMENT AND SIGNATURE: I, the undersigned representative, have read the rules and regulations with reference to this application and am duly authorized by the organization to submit this application on its behalf. The information contained herein is complete and accurate. Signature of Applicant Date POTENTIAL POLICY UPDATES FOR 2019 Please note that as part of the Parks, Recreation and Community Resources Advisory Commission’s ongoing efforts to streamline and strengthen the effectiveness of the Special Event Policy, the following high-priority topics will be under review by the Commission and Council, which may result in policy changes for 2019, including, but not limited to:  Review and Approval Procedures  Fee Waiver Policy and Procedures  Accessibility Requirements Please be mindful of these potential changes. Staff will keep all approved event producers updated. Page 3 of 14 Revised 7/19/2018 2019 City of Hermosa Beach Community Resources Department COMMERCIAL AND NON-PROFIT SPECIAL EVENT PERMIT APPLICATION 710 Pier Avenue ● Hermosa Beach, CA 90254 ● 310.318.0280 ● Fax: 310.372.4333  $816 Non-Refundable Application FEE required with application.  $544 Non-Refundable Application FEE, for VERIFIABLE non-profits (SEE INSTRUCTIONS) ORGANIZATION & EVENT INFORMATION EVENT TITLE: Applicant Name: Birthdate: Organization Name: Non-Profit? ☐No ☐Yes Non-Profit I.D. or Tax Exempt #: If non-profit, please describe who will benefit from funds raised from your event: Address: City State Zip Phone: Cell: Email Address: Fax: **1st CHOICE EVENT DATE(S): Set-Up Date(s): Event Date(s): Clean-Up Date(s): If applicable, please provide a brief explanation detailing a necessity for holding your event during the date(s) listed above: **2nd CHOICE EVENT DATE(S): Set-Up Date(s): Event Date(s): Clean-Up Date(s): If applicable, please provide a brief explanation detailing a necessity for holding your event during the date(s) listed above: **PLEASE NOTE: Date choice is not guaranteed until final calendar has been determined by City staff. EVENT DATE: PERMIT NUMBER: DATE STAMP STAFF INITIALS South Bay Surf Series Event #5 Matt Walls 10-23-1967 South Bay Boardriders Club 27-2207900 The South Bay Boardriders Club Scholarship Fund, PS I Love You Organization, LA County Lifeguards... 55 16th Street Hermosa Beach CA 90254 310-666-1756 310-666-1756 mattwalls16@gmail.com n/a March 23rd, 2019 March 23rd, 2019 March 23rd, 2019 March 24th , 2019 March 24th, 2019 March 24th, 2019 This contest is contest #5 is a series of 7 contests and needs to happen this weekend so that it works with the other Contests dates. This contest is contest #5 in a series of 7 contests and needs to happen this weekend so that it works with the other contest dates n Page 4 of 14 Revised 7/19/2018 Please describe your organization’s experience producing similar events to the one described on this application: Please describe you and/or your organization’s affiliation with the City of Hermosa Beach: REQUIRED: CONTACT PERSON ON THE DAY OF THE EVENT: Name: Cell: PRE-EVENT CONTACT PERSON’S INFORMATION (IF DIFFERENT FROM CONTACT INFORMATION ON PREVIOUS PAGE) Name: Birthdate: Address: City State Zip Phone: Cell: Email Address: Fax : Please describe your personal experience producing similar events: EVENT INFORMATION Is this a NEW or RETURNING special event to Hermosa Beach? ☐ NEW ☐ RETURNING -If this is a returning event, please indicate the number of years held in Hermosa Beach: Please indicate your event level (please mark all that apply) ☐ Local ☐ Regional ☐ National ☐ Championship ☐ Qualifier Event Type (please select all that apply): ☐ Race (run, walk, bike, etc.) ☐ Tournament Type: ☐ Parade ☐ Pass-Through ☐ Street Fair/Festival ☐ Fundraiser Benefitting: ☐ Concert ☐ Swim Event ☐ Other PLEASE COMPLETE A DAILY BREAKDOWN OF EVENT-RELATED ACTIVITIES. PLEASE USE MULTIPLE LINES TO DISTINGUISH BETWEEN DIFFERENT DAILY ACTIVITIES. PLEASE ATTACH ADDITIONAL SHEETS, IF NECESSARY. Date(s) Daily Activity Start Time End Time □ Load-in/set-up □ Event day □ Load-out/Clean-up □ Load-in/set-up □ Event day □ Load-out/Clean-up □ Load-in/set-up □ Event day □ Load-out/Clean-up □ Load-in/set-up □ Event day □ Load-out/Clean-up The South Bay Boardriders Club has been putting on 6-7 surf contests a year for the past 8 years. We normally always have our events in Manhattan Beach but this year we want to have an event in Hermosa Beach. I was born and raised in Hermosa Beach and am a home owner here. Most of the board members of the South bay Boardriders club are residents and home owners of Hermosa Beach. Matt Walls 310-666-1756 Same as Above X X X SURF CONTEST March 23, 2019 x x x 7:00am 3:00pm Page 5 of 14 Revised 7/19/2018 Event Location: If your event is on the beach, do you plan to remove any volleyball or beach tennis courts? ☐ YES ☐ NO If YES, please indicate which courts will be removed on the Beach Usage Map (p. 14) Estimated # of Participants: Age of Participants: Estimated # of Spectators (daily): Total Estimated Attendance: Marketing & Advertisement Plan Please list how you plan to advertise & promote your event for participants: Please list how you plan to advertise & promote your event for spectators: Overall Event Description - Briefly explain event and activities: Street Closure Information – For Parades, Races, Walk/Runs, etc.taking place on City streets. Names of Streets to be closed (please include additional sheets if necessary): between and am/pm to am/pm between and am/pm to am/pm between and am/pm to am/pm between and am/pm to am/pm between and am/pm to am/pm Description of Event Route (official map must be submitted with application) Assembly Area/Event Start: Disbanding Area/Event End: Sponsors List ALL proposed/anticipated Co-Sponsors. Each Co-sponsor is a $260 each and must be approved by the Community Resources Department. Co-sponsors may sample only, not sell. South Side of the Hermosa Pier X 100 8 to 60 years old 30 130 The event will be marketed through the club website and email blasts Same as above. The only real spectators we get are the parents of the kids in the surf contest. The South Bay Surf Series is a series of local amateur surf contests for our local residents. It is like little league for surfing. We get about 100 athletes for each event and they range in age from 8 years old all the way up to guys in their 60's. It is a fun family friendly day at the beach. N/A N/A N/A N/A South Side of the Hermosa Beach Pier South Side of the Hermosa Beach Pier N/A Page 6 of 14 Revised 7/19/2018 Parking ($1.25 per hour or $30 per space per day) Will you need reserved parking spaces? ☐ Yes ☐ No If YES, please list requested parking times for each day of request (attach additional sheets if necessary): # of Spaces Date from to # of Spaces Date from to # of Spaces Date from to Will official event merchandise be sold at the event (Business License required)? ☐ Yes ☐ No Does your event involve the sale or consumption of alcoholic beverages? Alcohol is prohibited on the beach per HBMC 12.26.300 ☐ Yes ☐ No Will the event have amplified sound? ☐ Yes ☐ No -If YES, please describe (live music, PA, number and size of speakers, microphone, bullhorn, etc): Is this a fundraising event? ☐ Yes ☐ No -If YES, please describe the fundraising activities: Will there be any fenced areas? ☐ Yes ☐ No -If YES, please describe: Will there be construction of stages or structures, including any tents or awnings? ☐ Yes ☐ No -If YES, please describe: What is your clean-up plan post event? Will you be requesting street banners? ☐ Yes ☐ No Will you be requesting light pole banners? ☐ Yes ☐ No Will you be filming or having television coverage? ☐ Yes ☐ No X X X X We use a small PA system to notify the athletes of their upcoming heats. We use 2 small speakers and they are pointed out towards the water. X X X There will be multiple 10 x 10 pop up tents for the judges, beach marshals, and the contest officials. As always, we will leave the beach cleaner then we found it X X X Page 7 of 14 Revised 7/19/2018 Entrance or Registration Fee: Methods of Registration (please check all that apply): ☐ Website ☐ Mail ☐ Active.com ☐ Other Prizes (including anticipated cash prizes): SAFETY/SECURITY/VOLUNTEERS Have you hired a security company to handle security arrangements for this event? ☐ Yes ☐ No -If YES, please include the following information: Company Name: Phone: # of Guards: Guard Schedule: Do you plan on utilizing volunteers? ☐ Yes ☐ No -If YES, please describe: Please describe your procedures for both crowd control and internal security: EVENT PROMOTION INFORMATION Please describe marketing and promotional efforts for this event. Include event website, social networking sites, radio play, etc. $45.00 X We give trophies to the finalists X X Since the South Bay Boardriders Club is a 501c3 non profit we utilize a lot of volunteers for a lot of our positions. N/A We promote our events pretty much solely on our website and though social media. Our website is Southbayboardridersclub.com Page 8 of 14 Revised 7/19/2018 EQUIPMENT INFORMATION (ATTACH SITE PLAN) A DIAGRAM OF YOUR SITE PLAN THAT INCLUDES ALL FACILITIES, EXACT PLACEMENT OF ALL EQUIPMENT, STREET CLOSURES, INGRESS AND EGRESS ROUTES, SHUTTLE ROUTES, FENCING, ACCESSIBILITY PLAN, AND PARKING MUST BE ATTACHED TO THE APPLICATION. YOUR APPLICATION WILL NOT BE PROCESSED WITHOUT A SITE PLAN (PLEASE NOTE: THE COMPLETION OF THE BEACH USAGE MAP, PAGE 14, DOES NOT QUALIFY AS A SITE PLAN) Please check all the boxes that apply to the equipment that will be on site for your event and specify the number and size of each (if applicable). ☐ Cars ☐ Porta Potties ☐ Semi-Trucks ☐ Motor Homes ☐ Generator Size: Size/Type: ☐ Trailer ☐ Vans Size: Size: ☐ Stage ☐ Sound Equipment Measurements: ☐ Enclosed Tents ☐ Canopies ☐ Other (please attach list with description of each item) ACCESSIBILITY PLAN It is the applicant’s responsibility to comply with all City, County, State and Federal disabilit y access requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and outdoor sites, activities and programs must be accessible to persons with disabilities. Please describe your accessibility plan: INSURANCE Unless greater or lesser coverage is requested, applicant agrees to furnish the City of Hermosa Beach evidence of $2 million comprehensive general liability insurance in the form of a certificate, including endorsement, covering the entire period of this permit, naming the City of Hermosa Beach, its officers, agents and employees as additionally insured. Permittee waives claims against the City of Hermosa Beach, its officers, agents and employees, for fees or damages caused, arising out of or in any way connected with the exercise of this permit. APPLICANT AGREES TO COMPLY WITH ALL APPLICANT’S LAWS AND AGREES TO MAINTAIN PREMISES IN GOOD CONDITION AND RETURN IN THE SAME CONDITION AS BEFORE SAID USE. I certify that the information contained herein is true and correct to the best of my knowledge. I have read and agree to comply with the City of Hermosa Beach Sustainability Measures. All fees, charges and other material will be paid and or furnished to the Department of Community Resources as mutually agreed to by both parties. Name/Company Representative Signature Date X small pa X 6 10' x 10' pop up tents Our event will work within the guidelines of the Americans with disabilities Act to make sure any participant with a disability will be accommodated so they will be able to participate or spectate the event. Matt Walls 9-17-2018 Page 9 of 14 Revised 7/19/2018 Event Name: Event Date(s): 3+ Years SMALL 100-500 PARKS OR BEACH WINTER WEEKDAY LESS THAN 2 DAYS 1-2 EVENTS/Y EAR NONE MEDIUM 500-2,000 ONCE BEFORE PIER PLAZA SPRING OR FALL WEEKEND 2-4 DAYS 3-4 EVENTS/Y EAR 1-2 LARGE 2,000+ NEW EVENT STREETS/PU BLIC RIGHT OF WAY/STRAND SUMMER HOLIDAY MORE THAN 5 DAYS MORE THAN 5 EVENTS/YE AR 2 OR MORE Select one characteristic in each ROW as it relates to your event(s). Please be sure to mark (i.e. “x”, circle, checkmark, etc.) each selection. Failure to do so will deem the worksheet and application incomplete. NUMBER OF EXPECTED PARTICIPANTS REOCCURANCE LOCATION TIME OF YEAR DAY(S) OF THE WEEK NUMBER OF CONSECUTIVE DAYS NUMBER OF EVENTS IN ONE YEAR ADDITIONAL REQUESTS NEEDED i.e. filming, reserved parking, fencing, stage or seating construction, road closures, amplified sound, etc. TOTALS Calculate the total number of each color/column selected. IMPACT LEVEL I At least 5 blue IMPACT LEVEL II At least 2 red IMPACT LEVEL III At least 2 green Determine Impact Level by selecting the HIGHEST your event qualifies for. IMPACT LEVEL IMPACT CHARACTERISTIC WORKSHEET (REQUIRED FOR ALL EVENTS) Please consider details of your event and use this worksheet to determine its impact level. If you are applying for multiple events, please complete a different page for each if the event details are different. Event Name: Event Date(s): South Bay Surf Series event #5 March 23rd 6 1 1 1 Page 10 of 14 Revised 7/19/2018 COMMUNITY BENEFIT Please provide a brief description of the benefit your event(s) add to the community. The Community Decision-Making Tool may be used as a guide and can be found on the City website at the following link : http://www.hermosabch.org/Modules/ShowDocument.aspx?documentid=5226 Event Name: Event Date(s): PUBLIC RELATIONS INFORMATION Please provide the following information to be given out to the general public, if requested: Name of Event: Name of Organization: Event Dates and Times: Date Times Event Information can be found online at: Public Relations Contact: Day Phone: Evening Phone: Email: Please provide a brief description of your event that can be used on the online City calendar. Please include details that would be helpful for someone looking for more information specific to your event. South Bay Surf Series event #5 March 23rd 2019 The South Bay Surf Series event #5 The South Bay Boardriders Club March 23rd, 2019 7:00am - 3:00pm southbayboardridersclub.com Matt Walls 310-666-1756 310-666-1756 mattwalls16@gmail.com The South Bay Surf Series adds to the long heritage the city of Hermosa Beach has with the sport of surfing. The goal of the South Bay Surf Series is to provide a family friendly entry level platform to teach the kids in our local community the fundamentals of competitive surfing. We also provide a platform for the local kids with advanced surfing skills to practice their competitive skill in our local waters before heading out to compete in regional or national surf contests. The South Bay has a long history of producing surfers that compete at a professional level and the South Bay Boardriders Club wants to ensure that continues for years to come. The South Bay Surf Series is a local family friendly amateur surf contest series. The surf contests are hosted by the South Bay Boardriders Club (a 501c3 nonprofit) with the goal of introducing and providing a platform where are local residents can enjoy the fun and challenges of competitive surfing. The competitors only surf against kids in their own age group. There are 11 different age groups and there are even age groups for female surfers as well. For more information please visit southbayboardriders.com Page 11 of 14 Revised 7/19/2018 PRELIMINARY FEE WORKSHEET Please complete, to the best of your ability, all event-related fees as it pertains to your proposed event, even if you are requesting fee waivers. REMINDER: ONLY VALID NON-PROFIT ENTITIES ARE ELIGIBLE FOR FEE WAIVER CONSIDERATION. A final total of charges will be determined thirty da ys prior to your event once approval is granted; additional fees may apply when deemed necessary through the approval process . Please use this worksheet as a preliminary guide for planning purposes of city fees. Please note that fees may be updated at an y time. EVENT CATEGORY FEES PRICE (subject to change) MY EVENT FEES Category I  <500 people 70/30% of registration fees Category II  Impacts public areas for no longer than one (1) day including set-up & tear-down  Is conducted in the off-season (not between Memorial Day and Labor Day or on any holiday)  Participant plus Spectator crowd above 500 but does not exceed 3,000 people.  Has no television coverage (except news).  A non-profit entity is the beneficiary of the net revenues (100%).  Does not meet any of the identifying criteria for a Category III or IV event. $2596 per day Category III  Impacts public areas for more than one (1) day including set up.  Participant plus Spectator crowd does not exceed 5,000 people.  Has no television coverage (except news).  Has more than $3,000 and less than $50,000 in prize money.  Does not meet any of the identifying criteria for a Category IV event. $2856 per day Category IV  Meets Category III Criteria and has one or more of the following:  Has network television coverage or  Estimated participant/spectator crowds exceeds 5,000 people or  Prize money in excess of $50,000 or  Charges admission to spectator Gross revenues in excess of $50,000. $5192 per day MISCELLANEOUS FEES PRICE (subject to change) MY EVENT FEES Commercial Application Fee - non-refundable $816 Non-Profit Application Fee - non-refundable $544 Pass-Thru Application Fee - non-refundable $272 Amplified Sound Permit $160 Street Banner Fees $570 Event Co-Sponsor $273 each Event Set-Up/Tear-Down $217 per location, per day Community Resources Staff (Required Cat. II-IV) $326 per day Paramedic $131 per hour Fire Inspection $157 per hour Police $112 per hour Parking Meter Space Fee $30 per space, per day Preliminary TOTAL $1,350.00 $544.00 $1894.00 Page 12 of 14 Revised 7/19/2018 GREEN MATRIX (Environmental Protection Plan) (Required for all event applications) Events in Hermosa Beach are expected to implement measures to reduce impacts and costs to the environment, the city, and the community. Specify how you will comply with applicable measures (or mark not applicable). If you have a multi-year contract for your event, please show how you will increase compliance in subsequent years. Event Name: Expected Attendance: MEASURE CHECK IF APPLICABLE HOW WILL YOU COMPLY? (use additional sheets if needed) Recycling and Waste Reduction 1. Reduce waste and single-use items  Limit single-use paper, plastics, packaging, and décor items ☐  Reduce size/bulk of plates, containers, cups ☐  Use products with high recycled content ☐  Avoid sale or give-away of single-use plastic drinking water bottles. *A mobile water cart ('Mother-Lode Wide') is available for use and reusable water bottles are encouraged ☐  Provide free drinking water in large dispensers (people can refill their own bottles, or use paper cups) *Large drink dispensers are available for use and reusable water bottles are encouraged ☐  At 'beer or drink gardens' use recycled or compostable cups (provide dump station for liquids) ☐  Recycle fry-grease for bio-diesel fuels ☐  Limit and reduce size of handouts, flyers and give-aways (print several per page, double-side, do not use dark color inks) ☐ 2. Recycling containers:  Place well-marked recycle containers adjacent to every trash container ☐  Provide onsite 'monitors' directing people to recycling at prime locations, or provide secondary trash sorters. ☐  Scavenging is prohibited from waste containers. Prevent and report scavenging ☐ 3. Staging  Recycle or reuse event construction materials ☐  Use ‘no emission/no VOC’ paints/sealants ☐ South Bay Surf Series 130 X We provide water to our athletes if their provide their own multi-use canteen. X We do this X We provide recycle trash bins Page 13 of 14 Revised 7/19/2018 3. Transportation  No-idling policy for all vehicles ☐  Sponsor free shuttle or low cost bus passes ☐  Use electric, hydrogen, hybrid or CNG vehicles ☐ 4. Energy  Use energy-efficient lighting ☐  Turn lighting and devices off when not in use ☐  Turn off generators when not in use for significant period of time ☐  Using alternative energy (solar, wind, fuel cell) to supply some power ☐  Use alternative fuel generators (CNG, fuel cell, biodiesel) (biodiesel- minimum B20 (20% blend); B99 is preferred) ☐ 5. Marine environment  NO single-use plastic bags starting October 1, 2016. ☐  including take-out cups or containers. ☐  No hosing of surfaces. Consult Public Works regarding clean-up procedures for large events ☐  Full containment of all wastes ☐  Full containment of all six-pack plastic rings. Cut rings prior to disposal. ☐ If Beach and street cleaning required consult Public Works regarding clean-up procedures ☐ 6. Education Event and vendors to make reducing waste and recycling a prominent theme ☐  Provide one booth, kiosk or space for green education sponsored by city or designee ☐  Advertise green measures and rules in all event advertising and on website ☐  Demonstrate that vendors and service providers will comply with green measures ☐ 7. Monitoring Report on compliance with above applicable measures ☐ X this year we will power our PA with solar energy Page 14 of 14 Revised 7/19/2018 BEACH USAGE MAP (required for all BEACH events) Please circle the courts that you will be using for your event. If you are applying for multiple events, please complete a different page for each, noting the event title and date below. Additionally, if you will be using different courts each day for multi-day events, please complete a separate form for each day. Completion of this map does not take the place of the required Site Plan. Event Name: Event Date(s): South Bay Surf Series event #5 March 23rd, 2019 HERMOSA BEACH PIER LIFE GUARD HEADQUARTERS Judges Tent Beach Marshal Admin Registation Beach MarshalTHE PACIFIC OCEAN Judges Tent Page 1 of 14 Revised 7/19/2018 2019 City of Hermosa Beach Special Event Application Rules and Regulations Applications and other required documents must be submitted to: City of Hermosa Beach Community Resources Department 710 Pier Avenue, Hermosa Beach, CA 90254 Office Phone: 310.318.0280 ● Email: hbconnect@hermosabch.org ● Fax: 310.372.4333 Please refer to the Special Event Policy Guide on the City website for a complete listing of all policies and procedures related to special events in the City of Hermosa Beach. Application, application fee and all required documents must be submitted to the Department of Community Resources to be considered. Please note:  Applications MUST be completed electronically – handwritten applications will not be accepted. (Instructions for completing applications electronically can be found on the City website.)  ALL sections and pages of the application MUST be completed (or marked N/A) to be eligible for review. You will be notified by City staff if your application was not accepted due to it being incomplete. Approval Process Event Level Approval Group Event Review Schedule Impact Level I Approved by Community Resources Staff As received Impact Level II Approved by the Parks, Recreation and Community Resources Advisory Commission Meets monthly (first Tuesday of each month) Impact Level III & New Events Approved by public hearing at the Parks, Recreation and Community Resources Advisory Commission and City Council Meets monthly (Commission) (first Tuesday of each month) Meets bi-monthly (Council) (second and fourth Tuesday of each month) Multiple Events If you are applying for multiple event days and ALL characteristics of each day are the SAME (set-up, parking requests, etc.), you are welcome to submit one application and one application fee that includes all dates. Once an event has any details that differ between event dates, you are required to submit a SEPARATE application and application fee for each. Example: A youth volleyball organization is holding a variety of tournaments, including:  May – youth tournament (80 participants, 10 volleyball courts)  June – youth tournament (80 participants, 10 volleyball courts)  July – adult tournament (100 participants, 16 volleyball courts) The May and June events will be accepted on one application; the July event is required to be submitted on a separate application outlining that event’s details. Page 2 of 14 Revised 7/19/2018 YOU MUST SUBMIT THE FOLLOWING: To avoid processing delays of your application, do not leave any sections blank. Indicate items that do not apply with an N/A. Attach additional sheets to the application if more space is required.  Completed Application (ALL pages – blank pages marked NA)  Application Fee  Submit non-refundable $816 application fee ($544 for nonprofits or $272 for pass-throughs) payable to the City of Hermosa Beach. Applications received without the application fee will not be reviewed and will be returned as incomplete.  Site Plan  Include location of stages, tents, portable toilets, dumpsters, registration areas, fencing, barricades, bleachers, generators and all other items for your event. Facilities, equipment placement, parking needs, ingress and egress routes and street closure requests must also be included. The City may require a certified Traffic Control Plan (TCP) should your event be approved. Please note that completion of the Beach Usage Map (p. 14) does not qualify as a site plan.  Proof of Non-Profit Status Pending status does not qualify. Non-profit organizations must apply under their own name and not borrow the non-profit status of another entity.  Non-Profit Designation Letter  Current Copy of Form 990 AGREEMENT AND SIGNATURE: I, the undersigned representative, have read the rules and regulations with reference to this application and am duly authorized by the organization to submit this application on its behalf. The information contained herein is complete and accurate. Signature of Applicant Date POTENTIAL POLICY UPDATES FOR 2019 Please note that as part of the Parks, Recreation and Community Resources Advisory Commission’s ongoing efforts to streamline and strengthen the effectiveness of the Special Event Policy, the following high-priority topics will be under review by the Commission and Council, which may result in policy changes for 2019, including, but not limited to:  Review and Approval Procedures  Fee Waiver Policy and Procedures  Accessibility Requirements Please be mindful of these potential changes. Staff will keep all approved event producers updated. x x x x x 8/9/18 Page 3 of 14 Revised 7/19/2018 2019 City of Hermosa Beach Community Resources Department COMMERCIAL AND NON-PROFIT SPECIAL EVENT PERMIT APPLICATION 710 Pier Avenue ● Hermosa Beach, CA 90254 ● 310.318.0280 ● Fax: 310.372.4333  $816 Non-Refundable Application FEE required with application.  $544 Non-Refundable Application FEE, for VERIFIABLE non-profits (SEE INSTRUCTIONS) ORGANIZATION & EVENT INFORMATION EVENT TITLE: Applicant Name: Birthdate: Organization Name: Non-Profit? ☐No ☐Yes Non-Profit I.D. or Tax Exempt #: If non-profit, please describe who will benefit from funds raised from your event: Address: City State Zip Phone: Cell: Email Address: Fax: **1st CHOICE EVENT DATE(S): Set-Up Date(s): Event Date(s): Clean-Up Date(s): If applicable, please provide a brief explanation detailing a necessity for holding your event during the date(s) listed above: **2nd CHOICE EVENT DATE(S): Set-Up Date(s): Event Date(s): Clean-Up Date(s): If applicable, please provide a brief explanation detailing a necessity for holding your event during the date(s) listed above: **PLEASE NOTE: Date choice is not guaranteed until final calendar has been determined by City staff. EVENT DATE: PERMIT NUMBER: DATE STAMP STAFF INITIALS POR SANDY SAUTE PATRICK AMATO 10/23/1980 PANTS OFF RACING, INC. X 45-3623583 FAMILIES IMPACTED BY PANCREATIC CANCER 624 24TH STREET HERMOSA BEACH, CA 90254 310-903-1523 310-903-1523 PANTSOFFRACING@GMAIL.COM 3/23/19 3/23/19 3/23/19 4/13/19 4/13/19 4/13/19 Page 4 of 14 Revised 7/19/2018 Please describe your organization’s experience producing similar events to the one described on this application: Please describe you and/or your organization’s affiliation with the City of Hermosa Beach: REQUIRED: CONTACT PERSON ON THE DAY OF THE EVENT: Name: Cell: PRE-EVENT CONTACT PERSON’S INFORMATION (IF DIFFERENT FROM CONTACT INFORMATION ON PREVIOUS PAGE) Name: Birthdate: Address: City State Zip Phone: Cell: Email Address: Fax : Please describe your personal experience producing similar events: EVENT INFORMATION Is this a NEW or RETURNING special event to Hermosa Beach? ☐ NEW ☐ RETURNING -If this is a returning event, please indicate the number of years held in Hermosa Beach: Please indicate your event level (please mark all that apply) ☐ Local ☐ Regional ☐ National ☐ Championship ☐ Qualifier Event Type (please select all that apply): ☐ Race (run, walk, bike, etc.) ☐ Tournament Type: ☐ Parade ☐ Pass-Through ☐ Street Fair/Festival ☐ Fundraiser Benefitting: ☐ Concert ☐ Swim Event ☐ Other PLEASE COMPLETE A DAILY BREAKDOWN OF EVENT-RELATED ACTIVITIES. PLEASE USE MULTIPLE LINES TO DISTINGUISH BETWEEN DIFFERENT DAILY ACTIVITIES. PLEASE ATTACH ADDITIONAL SHEETS, IF NECESSARY. Date(s) Daily Activity Start Time End Time □ Load-in/set-up □ Event day □ Load-out/Clean-up □ Load-in/set-up □ Event day □ Load-out/Clean-up □ Load-in/set-up □ Event day □ Load-out/Clean-up □ Load-in/set-up □ Event day □ Load-out/Clean-up X X WE HAVE THROWN RACES IN THE PAST. THIS YEAR WE ARE HAVING OUR 6TH ANNUAL 5/10K AT MALIBU CREEK STATE PARK. THIS IS OUR MAIN FUNDRAISER FOR THE NON PROFIT. WE ARE HOPING TO ADD A RACE LOCALLY AND HAVE IT IN HERMOSA. WE ARE RESIDENTS OF SOUTH BAY, KELLY & NANCY AMATO HAVE LIVED IN HERMOSA FOR 19+ YEARS. BOTH KELLY & NANCY ARE PART OF THE ORGANIZATION & THE REASON WE ARE REQUESTING PERMISSION. PATRICK AMATO 310-903-1523 PATRICK AMATO X 1PM 3PM3/23/19 3/23/19 3/23/19 X X X 3PM 5PM 5PM 6PM Page 5 of 14 Revised 7/19/2018 Event Location: If your event is on the beach, do you plan to remove any volleyball or beach tennis courts? ☐ YES ☐ NO If YES, please indicate which courts will be removed on the Beach Usage Map (p. 14) Estimated # of Participants: Age of Participants: Estimated # of Spectators (daily): Total Estimated Attendance: Marketing & Advertisement Plan Please list how you plan to advertise & promote your event for participants: Please list how you plan to advertise & promote your event for spectators: Overall Event Description - Briefly explain event and activities: Street Closure Information – For Parades, Races, Walk/Runs, etc.taking place on City streets. Names of Streets to be closed (please include additional sheets if necessary): between and am/pm to am/pm between and am/pm to am/pm between and am/pm to am/pm between and am/pm to am/pm between and am/pm to am/pm Description of Event Route (official map must be submitted with application) Assembly Area/Event Start: Disbanding Area/Event End: Sponsors List ALL proposed/anticipated Co-Sponsors. Each Co-sponsor is a $260 each and must be approved by the Community Resources Department. Co-sponsors may sample only, not sell. ON THE BEACH FROM THE PIER TO LONGFELLOW (SEE MAPS) X 100 12 - 70 50 150 SOCIAL MEDIA & OUR MAILING LIST N/A BEACH FUN RUN N/A SEE ATTACHED MAP. 1PM 6PM N/A Page 6 of 14 Revised 7/19/2018 Parking ($1.25 per hour or $30 per space per day) Will you need reserved parking spaces? ☐ Yes ☐ No If YES, please list requested parking times for each day of request (attach additional sheets if necessary): # of Spaces Date from to # of Spaces Date from to # of Spaces Date from to Will official event merchandise be sold at the event (Business License required)? ☐ Yes ☐ No Does your event involve the sale or consumption of alcoholic beverages? Alcohol is prohibited on the beach per HBMC 12.26.300 ☐ Yes ☐ No Will the event have amplified sound? ☐ Yes ☐ No -If YES, please describe (live music, PA, number and size of speakers, microphone, bullhorn, etc): Is this a fundraising event? ☐ Yes ☐ No -If YES, please describe the fundraising activities: Will there be any fenced areas? ☐ Yes ☐ No -If YES, please describe: Will there be construction of stages or structures, including any tents or awnings? ☐ Yes ☐ No -If YES, please describe: What is your clean-up plan post event? Will you be requesting street banners? ☐ Yes ☐ No Will you be requesting light pole banners? ☐ Yes ☐ No Will you be filming or having television coverage? ☐ Yes ☐ No X X X X PA, SELF POWERED W/GENERATOR X ENTRY FEES & DONATIONS X X WE WILL BRING A COUPLE POP UP TENTS FOR SHADE, MEDICS, REST, ETC. VOLUNTEERS WILL SWEEP COURSE AND START/FINISH AREA FOR TRASH PICK UP X X X Page 7 of 14 Revised 7/19/2018 Entrance or Registration Fee: Methods of Registration (please check all that apply): ☐ Website ☐ Mail ☐ Active.com ☐ Other Prizes (including anticipated cash prizes): SAFETY/SECURITY/VOLUNTEERS Have you hired a security company to handle security arrangements for this event? ☐ Yes ☐ No -If YES, please include the following information: Company Name: Phone: # of Guards: Guard Schedule: Do you plan on utilizing volunteers? ☐ Yes ☐ No -If YES, please describe: Please describe your procedures for both crowd control and internal security: EVENT PROMOTION INFORMATION Please describe marketing and promotional efforts for this event. Include event website, social networking sites, radio play, etc. x x possibly product prizes, not sure yet. $35 approx. X TBD - IF REQUIRED X FOR SPOTTING RACERS, AND FOR CLEAN UP AND SET UP WE WILL UTILIZE OUR VOLUNTEERS FOR THIS, ALSO WE WILL CONE AREAS FOR THE RACE, ETC. WE WILL MARKET USING SOCIAL MEDIA AND CONTACT LIST HELD INTERNALLY. FLYERS AND OTHER RACE MATERIAL MAY BE USED. Page 8 of 14 Revised 7/19/2018 EQUIPMENT INFORMATION (ATTACH SITE PLAN) A DIAGRAM OF YOUR SITE PLAN THAT INCLUDES ALL FACILITIES, EXACT PLACEMENT OF ALL EQUIPMENT, STREET CLOSURES, INGRESS AND EGRESS ROUTES, SHUTTLE ROUTES, FENCING, ACCESSIBILITY PLAN, AND PARKING MUST BE ATTACHED TO THE APPLICATION. YOUR APPLICATION WILL NOT BE PROCESSED WITHOUT A SITE PLAN (PLEASE NOTE: THE COMPLETION OF THE BEACH USAGE MAP, PAGE 14, DOES NOT QUALIFY AS A SITE PLAN) Please check all the boxes that apply to the equipment that will be on site for your event and specify the number and size of each (if applicable). ☐ Cars ☐ Porta Potties ☐ Semi-Trucks ☐ Motor Homes ☐ Generator Size: Size/Type: ☐ Trailer ☐ Vans Size: Size: ☐ Stage ☐ Sound Equipment Measurements: ☐ Enclosed Tents ☐ Canopies ☐ Other (please attach list with description of each item) ACCESSIBILITY PLAN It is the applicant’s responsibility to comply with all City, County, State and Federal disabilit y access requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and outdoor sites, activities and programs must be accessible to persons with disabilities. Please describe your accessibility plan: INSURANCE Unless greater or lesser coverage is requested, applicant agrees to furnish the City of Hermosa Beach evidence of $2 million comprehensive general liability insurance in the form of a certificate, including endorsement, covering the entire period of this permit, naming the City of Hermosa Beach, its officers, agents and employees as additionally insured. Permittee waives claims against the City of Hermosa Beach, its officers, agents and employees, for fees or damages caused, arising out of or in any way connected with the exercise of this permit. APPLICANT AGREES TO COMPLY WITH ALL APPLICANT’S LAWS AND AGREES TO MAINTAIN PREMISES IN GOOD CONDITION AND RETURN IN THE SAME CONDITION AS BEFORE SAID USE. I certify that the information contained herein is true and correct to the best of my knowledge. I have read and agree to comply with the City of Hermosa Beach Sustainability Measures. All fees, charges and other material will be paid and or furnished to the Department of Community Resources as mutually agreed to by both parties. Name/Company Representative Signature Date X X PUTT-PUTT 2000W PA SPEAKER WE CAN LAY PLYWOOD FOR WHEELCHAIRS TO ACCESS ZONE. ALSO, RACE CAN BE VIEWED FROM THE PIER. PATRICK AMATO 8/9/18 Page 9 of 14 Revised 7/19/2018 Event Name: Event Date(s): 3+ Years SMALL 100-500 PARKS OR BEACH WINTER WEEKDAY LESS THAN 2 DAYS 1-2 EVENTS/Y EAR NONE MEDIUM 500-2,000 ONCE BEFORE PIER PLAZA SPRING OR FALL WEEKEND 2-4 DAYS 3-4 EVENTS/Y EAR 1-2 LARGE 2,000+ NEW EVENT STREETS/PU BLIC RIGHT OF WAY/STRAND SUMMER HOLIDAY MORE THAN 5 DAYS MORE THAN 5 EVENTS/YE AR 2 OR MORE Select one characteristic in each ROW as it relates to your event(s). Please be sure to mark (i.e. “x”, circle, checkmark, etc.) each selection. Failure to do so will deem the worksheet and application incomplete. NUMBER OF EXPECTED PARTICIPANTS REOCCURANCE LOCATION TIME OF YEAR DAY(S) OF THE WEEK NUMBER OF CONSECUTIVE DAYS NUMBER OF EVENTS IN ONE YEAR ADDITIONAL REQUESTS NEEDED i.e. filming, reserved parking, fencing, stage or seating construction, road closures, amplified sound, etc. TOTALS Calculate the total number of each color/column selected. IMPACT LEVEL I At least 5 blue IMPACT LEVEL II At least 2 red IMPACT LEVEL III At least 2 green Determine Impact Level by selecting the HIGHEST your event qualifies for. IMPACT LEVEL IMPACT CHARACTERISTIC WORKSHEET (REQUIRED FOR ALL EVENTS) Please consider details of your event and use this worksheet to determine its impact level. If you are applying for multiple events, please complete a different page for each if the event details are different. Event Name: Event Date(s): POR SANDY SAUTE 3/23/19 X X X X X X X 5 X 2 1 1 Page 10 of 14 Revised 7/19/2018 COMMUNITY BENEFIT Please provide a brief description of the benefit your event(s) add to the community. The Community Decision-Making Tool may be used as a guide and can be found on the City website at the following link : http://www.hermosabch.org/Modules/ShowDocument.aspx?documentid=5226 Event Name: Event Date(s): PUBLIC RELATIONS INFORMATION Please provide the following information to be given out to the general public, if requested: Name of Event: Name of Organization: Event Dates and Times: Date Times Event Information can be found online at: Public Relations Contact: Day Phone: Evening Phone: Email: Please provide a brief description of your event that can be used on the online City calendar. Please include details that would be helpful for someone looking for more information specific to your event. ENCOURAGES HEALTHY/ACTIVE LIFESTYLE. PROMOTE POST RACE CELEBRATION AT LOCAL RESTAURANTS AND BARS ON THE PIER. POR SANDY SAUTE 3/23/19 POR SANDY SAUTE PANTS OFF RACING, INC. 3/23/19 4/13/19 1 - 6PM 1 - 6PM PATRICK AMATO 310-903-1523 PANTSOFFRACING.COM PANTSOFFRACING@GMAIL.COM PLEASE JOIN US FOR THE 1ST ANNUAL POR SANDY SAUTE! THE RACE BENEFITS FAMILIES IMPACTED BY PACNREATIC CANCER. YOUR DONATIONS AND PARTICIPATION DIRECTLY ASSIST THE FAMILIES WE HELP. FOLLOWING THE RUN/WALK WE WILL BE CELEBRATING WITH THE POR COMMUNITY ON THE HERMOSA PIER. LOCAL RESTAURANTS AND BARS ARE CONVENIENTLY LOCATED JUST BEYOND THE BEACH. Page 11 of 14 Revised 7/19/2018 PRELIMINARY FEE WORKSHEET Please complete, to the best of your ability, all event-related fees as it pertains to your proposed event, even if you are requesting fee waivers. REMINDER: ONLY VALID NON-PROFIT ENTITIES ARE ELIGIBLE FOR FEE WAIVER CONSIDERATION. A final total of charges will be determined thirty days prior to your event once approval is granted; additional fees may apply when deemed necessary through the approval process. Please use this worksheet as a preliminary guide for planning purposes of city fees. Please note that fees may be updated at any time. EVENT CATEGORY FEES PRICE (subject to change) MY EVENT FEES Category I  <500 people 70/30% of registration fees Category II  Impacts public areas for no longer than one (1) day including set-up & tear-down  Is conducted in the off-season (not between Memorial Day and Labor Day or on any holiday)  Participant plus Spectator crowd above 500 but does not exceed 3,000 people.  Has no television coverage (except news).  A non-profit entity is the beneficiary of the net revenues (100%).  Does not meet any of the identifying criteria for a Category III or IV event. $2596 per day Category III  Impacts public areas for more than one (1) day including set up.  Participant plus Spectator crowd does not exceed 5,000 people.  Has no television coverage (except news).  Has more than $3,000 and less than $50,000 in prize money.  Does not meet any of the identifying criteria for a Category IV event. $2856 per day Category IV  Meets Category III Criteria and has one or more of the following:  Has network television coverage or  Estimated participant/spectator crowds exceeds 5,000 people or  Prize money in excess of $50,000 or  Charges admission to spectator Gross revenues in excess of $50,000. $5192 per day MISCELLANEOUS FEES PRICE (subject to change) MY EVENT FEES Commercial Application Fee - non-refundable $816 Non-Profit Application Fee - non-refundable $544 Pass-Thru Application Fee - non-refundable $272 Amplified Sound Permit $160 Street Banner Fees $570 Event Co-Sponsor $273 each Event Set-Up/Tear-Down $217 per location, per day Community Resources Staff (Required Cat. II-IV) $326 per day Paramedic $131 per hour Fire Inspection $157 per hour Police $112 per hour Parking Meter Space Fee $30 per space, per day Preliminary TOTAL $544 $160 $704 Page 12 of 14 Revised 7/19/2018 GREEN MATRIX (Environmental Protection Plan) (Required for all event applications) Events in Hermosa Beach are expected to implement measures to reduce impacts and costs to the environment, the city, and the community. Specify how you will comply with applicable measures (or mark not applicable). If you have a multi-year contract for your event, please show how you will increase compliance in subsequent years. Event Name: Expected Attendance: MEASURE CHECK IF APPLICABLE HOW WILL YOU COMPLY? (use additional sheets if needed) Recycling and Waste Reduction 1. Reduce waste and single-use items  Limit single-use paper, plastics, packaging, and décor items ☐  Reduce size/bulk of plates, containers, cups ☐  Use products with high recycled content ☐  Avoid sale or give-away of single-use plastic drinking water bottles. *A mobile water cart ('Mother-Lode Wide') is available for use and reusable water bottles are encouraged ☐  Provide free drinking water in large dispensers (people can refill their own bottles, or use paper cups) *Large drink dispensers are available for use and reusable water bottles are encouraged ☐  At 'beer or drink gardens' use recycled or compostable cups (provide dump station for liquids) ☐  Recycle fry-grease for bio-diesel fuels ☐  Limit and reduce size of handouts, flyers and give-aways (print several per page, double-side, do not use dark color inks) ☐ 2. Recycling containers:  Place well-marked recycle containers adjacent to every trash container ☐  Provide onsite 'monitors' directing people to recycling at prime locations, or provide secondary trash sorters. ☐  Scavenging is prohibited from waste containers. Prevent and report scavenging ☐ 3. Staging  Recycle or reuse event construction materials ☐  Use ‘no emission/no VOC’ paints/sealants ☐ POR SANDY SAUTE 100 X Page 13 of 14 Revised 7/19/2018 3. Transportation  No-idling policy for all vehicles ☐  Sponsor free shuttle or low cost bus passes ☐  Use electric, hydrogen, hybrid or CNG vehicles ☐ 4. Energy  Use energy-efficient lighting ☐  Turn lighting and devices off when not in use ☐  Turn off generators when not in use for significant period of time ☐  Using alternative energy (solar, wind, fuel cell) to supply some power ☐  Use alternative fuel generators (CNG, fuel cell, biodiesel) (biodiesel- minimum B20 (20% blend); B99 is preferred) ☐ 5. Marine environment  NO single-use plastic bags starting October 1, 2016. ☐  including take-out cups or containers. ☐  No hosing of surfaces. Consult Public Works regarding clean-up procedures for large events ☐  Full containment of all wastes ☐  Full containment of all six-pack plastic rings. Cut rings prior to disposal. ☐ If Beach and street cleaning required consult Public Works regarding clean-up procedures ☐ 6. Education Event and vendors to make reducing waste and recycling a prominent theme ☐  Provide one booth, kiosk or space for green education sponsored by city or designee ☐  Advertise green measures and rules in all event advertising and on website ☐  Demonstrate that vendors and service providers will comply with green measures ☐ 7. Monitoring Report on compliance with above applicable measures ☐ X X X X X X Page 14 of 14 Revised 7/19/2018 BEACH USAGE MAP (required for all BEACH events) Please circle the courts that you will be using for your event. If you are applying for multiple events, please complete a different page for each, noting the event title and date below. Additionally, if you will be using different courts each day for multi-day events, please complete a separate form for each day. Completion of this map does not take the place of the required Site Plan. Event Name: Event Date(s): SEE ATTACHED MAP. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0098 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 APPROVAL OF THREE-YEAR AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH CHAMBER OF COMMERCE FOR FIESTA HERMOSA EVENTS (Assistant to the City Manager Nico De Anda-Scaia) Recommended Action: Staff recommends that the City Council: 1.Approve the attached three-year contract through 2021 between the City of Hermosa Beach and the Hermosa Beach Chamber of Commerce and Visitors Bureau for production of Fiesta Hermosa and other community events; 2.Approve and provide direction to staff regarding the re-allocation of all or a portion of Chamber funds donated to the City in FY 2014-2015 toward the purchase, installation and/or maintenance of citywide holiday decorations; and 3.Discuss and provide direction regarding the future/ongoing role of the City Council’s ad-hoc Fiesta Subcommittee. Staff recommends that the City Council: Executive Summary: At its regular meeting on October 23, 2018, City Council authorized and directed the City Manager to engage the Hermosa Beach Chamber of Commerce and Visitors’ Bureau in negotiating a new Fiesta Hermosa agreement, and to return to the full Council with a contract for formal approval. The agreement up for Council’s approval this evening is a result of these efforts over the past several months. Both the Chamber of Commerce and City Manager’s Department fully endorse the proposed agreement. Background: In July 2017, the City Council established a subcommittee to work in a coordinated effort with staff and the Chamber of Commerce (Chamber) in assessing public input regarding the overall impacts/benefits of Fiesta Hermosa events. Over the coming year, the subcommittee and Chamber identified various areas for potential future improvements to the Fiestas through a comprehensive City of Hermosa Beach Printed on 2/8/2019Page 1 of 4 powered by Legistar™ Staff Report REPORT 19-0098 community and stakeholder engagement process. These recommended future improvements were presented to the City Council for endorsement in February 2018. At that meeting, the City Council also approved a one-year contract extension with the Chamber to produce Fiestas through 2018, with direction to continue the efforts of the Council subcommittee in assessing the progress of these improvements over the 2018 Fiestas. City staff provided regular updates to the City Council on the progress of these efforts. At its October 23, 2018 meeting, City Council reaffirmed the Subcommittee’s initial recommendations from February 2018, provided staff direction regarding parameters for negotiation of a new Fiesta Hermosa agreement with the Chamber, and authorized and directed the City Manager to engage the Chamber in negotiating a new multi-year Fiesta Hermosa agreement as the previous agreement expired at the end of 2018. Beginning in November 2018, the City Manager and a committee of representatives from the Chamber commenced negotiations, including a full review of the Chamber’s financials associated with Fiesta Hermosa and community event programming. The proposed three-year agreement for Council’s consideration and adoption is the result of these efforts and is endorsed by both the Chamber and City Manager’s Department. Analysis: With input from City departments and the City Attorney’s Office,Attachment 1 of this report includes a final draft of the negotiated 2019-2021 Fiesta Agreement, along with Council’s recommendations and past analysis as Exhibit A.Attachment 2 to this report lists all modifications to the Agreement in red-line for the public’s easy reference. Key changes to the Fiesta agreement include the following: ·A three-year contract term for twice annual Fiesta events commencing in 2019 and expiring at the end of 2021; ·Tie-in of Council affirmed recommendations for ongoing improvements to Fiesta event programming; ·An increase in Business In-Lieu Fees to the City to amount of $45 per vendor for year one, with an annual adjustment based on the percentage increase in the cost of living; ·Requirements concerning free booth space for valid nonprofits; ·Improved measures for promoting responsible alcohol consumption and alternative transportation methods; ·Requirements for an annual review process of Chamber programming, and an annual report to the City Manager on Fiesta event operations, including financial records; ·The Chamber shall continue producing the annual St. Patrick’s Day Parade, Holiday Celebration/Tree Lighting Event, and New Year’s Eve Celebration, while the City would take City of Hermosa Beach Printed on 2/8/2019Page 2 of 4 powered by Legistar™ Staff Report REPORT 19-0098 over the State of the City Address and coordination of citywide holiday decorations with partial funding from the Chamber’s donation to the City in FY 2014-2015*; ·Enhancements to the Fiesta’s free bus/shuttle program, including intended mitigation of impacts to residents with an increase in City Proposition A funding to the Chamber; ·Greater collaboration between the Chamber, Hermosa Beach Police Department and other City Departments for continued private security standards and streamlined logistical planning; ·Early communication between the City and Chamber concerning anticipated reimbursement amounts of event-related direct City costs; ·Expectations for a clearer allocation of Fiesta net profits toward marketing and business recruitment, retention and development; ·Establishment of a formal process for receiving public feedback on Fiesta events and ongoing programming changes; * In FY 2014-2015, the City accepted a donation of $110,000 from the Chamber for refurbishment of the Challenger Shuttle/Greg Jarvis Memorial ($10,000), PCH/Aviation Improvement Project ($50,000), and replacement of the PCH/Pier Marquee with an electronic sign ($50,000). Currently, $100,000 of that donation remains in the City’s General Fund. As part of the proposed agreement, the Chamber has agreed that all or a portion of those funds donated to the City be applied toward the purchase, installation and/or maintenance of citywide holiday decorations (at the sole discretion of the City Council). As part of previous Fiesta Agreements, the Chamber bore responsibility of citywide holiday decorations. As proposed in the 2019-2021 Fiesta Agreement, the City would take on the coordination and funding of these efforts, including replacement of decorations which have reached their end-of-life. Staff therefore recommends that Council provide direction on the amount to be re- allocated toward these efforts. General Plan Consistency: This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant policies are listed below: Governance Element: 1.6 Long-term Considerations.Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities. 2.6 Responsive to Community Needs.Continue to be responsive to community inquiries, providing public information and recording feedback from community interactions. 5.1 Residential and Commercial Compatibility.Provide a balance between residential and commercial uses and strive to ensure their compatibility. 5.7 Visitor and Resident Balance.Recognize the desire and need to balance visitor-serving and local -serving uses as a key to preserving character and the economic vitality of the community. 5.8 Public Private Partnerships.Pursue the use of public-private partnerships to implement projects City of Hermosa Beach Printed on 2/8/2019Page 3 of 4 powered by Legistar™ Staff Report REPORT 19-0098 and efforts that maintain the character and benefit the community. 6.4 Business Support. Support the Chamber of Commerce, retailers, tourist service businesses, artists, and other agencies to develop an aggressive marketing strategy with implementation procedures. Fiscal Implications: Since 2017,the City has collected a flat $40 fee per vendor in lieu of individual vendors obtaining business licenses.This amount varies depending upon the number of vendors that participate in each Fiesta.In 2018,the City collected $6,720 in total vendor-related fees (these fees are collected in addition to the reimbursement from the Chamber for direct City costs).Direct costs include,but are not limited to,lost parking revenue,city staff inspection activity,provision of police and public works services,and street and sidewalk cleaning.The total direct cost reimbursements to the City averaged approximately $43,500 per event in 2018.Included in this amount is a City credit to the Chamber of $3,000 per event for transportation services using Proposition A funds. The proposed Agreement for 2019-2021 Fiesta events includes the following fiscal implications to the City: ·An increase in Business License In Lieu fees for participating vendors to $45 for year one,with an annual adjustment based on the percentage increase in the cost of living,not to exceed three percent (3%); ·City shall take over planning and production of the annual State of the City Address at an approximate cost of between $1,500 -$3,000.Currently,$3,500 is budgeted in FY 2018-2019 in City Council’s Special Event Fund for this purpose. ·City shall coordinate the maintenance,upkeep and installation of citywide holiday decorations at an estimated annual cost of $15,000,which would be requested as part of the upcoming budget process. ·Additionally,the City shall increase its contribution to the Chamber for funding of Fiesta bus/shuttle program improvements.This cost may vary per year depending on level of enhancements but is available using Proposition A transportation-related funds. Attachments: 1. Draft 2019-2021 Fiesta Agreement with Exhibit(s) 2. Draft 2019-2021 Fiesta Agreement (Redlined Revisions) Respectfully Submitted by: Nico De Anda-Scaia, Assistant to the City Manager Concur: Kelly Orta, Community Resources Manager Financial Analysis:Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 2/8/2019Page 4 of 4 powered by Legistar™ 1 AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH CHAMBER OF COMMERCE TO PROVIDE FIESTAS HERMOSA THIS AGREEMENT is made this ________ day of _________________, 2019, by and between the City of Hermosa Beach (hereinafter called “CITY”), and the Hermosa Beach Chamber of Commerce (hereinafter called “CHAMBER”). RECITALS A. CHAMBER desires to organize, coordinate, produce and oversee a twice annual Fiesta Hermosa (“Fiestas”) in the City on City-owned property and rights-of-way for the term of this Agreement. B. CHAMBER represents that it is qualified and able to do so in a manner that benefits CITY and its resident and business community. C. CHAMBER desires a commitment from CITY to fix the Fiesta event schedule for the next three years, subject to the availability of the City property used for the event. NOW, THEREFORE, the parties agree as follows: Section 1. CHAMBER’s Duties: a. Fiestas. CHAMBER shall organize, coordinate, produce and oversee the Fiestas, open to the public, during the Saturday, Sunday and Monday of each Memorial Day and Labor Day Weekend in 2019, 2020, and 2021. The Fiestas shall be held in a location as mutually agreed upon between the CITY and CHAMBER. b. Event Permits and Agreements. CHAMBER shall obtain permits from CITY for each Fiesta and shall enter into and comply with all agreements for such permits as required by CITY, including but not limited to the provision of adequate insurance and indemnification of CITY, its officers, agents, volunteers, employees, and attorneys. c. Fee to CITY. CHAMBER shall pay CITY an event fee within 30 days after each Fiesta during the first year of this Agreement of $45 per vendor participating in the Fiesta. At the commencement of the second year of this Agreement, the per vendor fee shall be adjusted on an annual basis using the percentage increase in the cost of living (CPI), not to exceed three percent (3%) as calculated by the United States Bureau of Statistics for the Los Angeles – Riverside – Orange County Standard Metropolitan Statistical Area for All Urban Consumers. CHAMBER shall collect the fee from each vendor but shall not be required to collect the fee from any vendor who provides CHAMBER written proof of its non-profit status or which holds a valid City business license. In addition, CHAMBER shall pay CITY all direct and indirect costs associated with each Fiesta in accordance with the event permit and event agreement as 2 may be required by CITY. Such costs shall include but not be limited to sidewalk and street cleaning, parking meter fees, and provision of police and public works services. d. Booth Fees. (i) CHAMBER shall offer booth space free of charge to community nonprofit organizations not selected for Beer Garden Charity Volunteer Service. This free booth space shall be provided on a first-come-first-serve basis not to exceed 10 spaces. Additional approvals may be considered based on availability. (ii) CHAMBER shall offer a discount of 25% for booth space to businesses with a Hermosa Beach location that hold a valid business license and are currently Chamber members. Hermosa businesses that are not Chamber members will be offered the option to join the Chamber at the time of application to receive the discount for both Fiestas within the year of their membership. e. Free Expression Zone. The Free Expression Zone shall be located in a prominent area in the path of pedestrian traffic or towards the center of the venue, determined by prior mutual agreement between the City Manager and CHAMBER. Space in the zone shall be provided at no charge to participants. f. Limitation on Use of Fiesta Revenue. Revenue derived by the CHAMBER from the Fiestas shall not be used for political campaigning or sectarian religious purposes or activities. g. Promotion of Responsible Alcohol Consumption. CHAMBER shall encourage and promote responsible consumption of alcohol, appropriate taxi and ride share options for event patrons, and City designated taxi and ride share pick-up and drop-off locations in event signage, marketing, and throughout the Fiesta Beer Garden area. CHAMBER shall exercise best efforts to facilitate responsible beverage service education and training for Beer Garden volunteers, which is available at no cost through the Beach Cities Health District and/or California Department of Alcohol Beverage Control. h. Memorial Day Acknowledgement. CHAMBER shall acknowledge Memorial Day at the Memorial Day weekend Fiesta in a suitable manner acceptable to the City Manager. i. Annual Review. Within 90 days after the Labor Day Fiesta, CHAMBER shall provide an annual overview to the City Council in the form of an agendized presentation highlighting the Chamber’s programs and activities for the year. On an annual basis as mutually agreed upon between CHAMBER and CITY, CHAMBER shall provide the City Manager or her/his designee with a complete Annual Report on Fiesta event operations, including appropriate financial accounting and profit and loss statements. This report shall contain all records of both Fiestas, including proposed and implemented changes or enhancements to the events. 3 j. Funding Specified Events. CHAMBER agrees for the duration of this Agreement to fund and produce the following events in a manner consistent with high standards: St. Patrick's Day Parade Holiday Celebration/Tree Lighting Event New Year's Eve Celebration k. Environmental Sustainable Measures. CHAMBER shall continue to implement the environmental sustainability measures that it has incorporated into the Fiestas, including but not limited to: (i) Trash Recycling Program Recyclable items shall be separated from refuse/trash. CHAMBER shall coordinate with CITY’s franchisee refuse hauler to add more recycling containers in more convenient locations to ensure capacity and reduce litter. (ii) Electric and Bio-diesel Generators Generators on the venue shall be electric or operated with a 50% blend of bio-diesel fuel, or equivalent or lower emissions sources. (iii) Clean Buses/Shuttles CHAMBER shall provide a free shuttle service from remote parking to/from the event. Designated shuttle routes shall seek to mitigate impacts to residents and shall be mutually agreed upon between the CITY and CHAMBER. All buses and shuttles shall be electric, hybrid or use CNG, or equivalent or cleaner emission fuels, and fully comply with all regulations. (iv) Free Bicycle Parking Lot CHAMBER will provide a valet bicycle parking lot for a minimum of 3,000 bicycles at no charge to cyclists. CHAMBER will provide bicycle education and bike check services at the valet lot. Bicycle parking lot is contingent upon CITY providing a location. CHAMBER and CITY shall work collaboratively to ensure this event component reflects the needs of visitors while remaining economically viable to the CHAMBER. (v) Food Service Containers CHAMBER has read, understands and accepts responsibility for ensuring implementation of the City’s food packaging prohibitions in Section 8.64.030 of the Municipal Code, which reads as follows: 4 8.64.030(C). No Person shall use or distribute Polystyrene Food Service Ware at City- sponsored events, City-managed concessions and City meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, City Contractors, Food Providers and any other Person that enters into an agreement with one or more of the function sponsors to sell or distribute Prepared Food or otherwise provide a service related to the function. Biodegradable food service containers shall be used by vendors in the food court and beer garden. (vi) Plastic Bags Vendors shall be prohibited from using plastic bags to deliver, provide or hand merchandise to customers. (vii) CHAMBER shall additionally implement all sustainability measures in City’s Green Matrix through its conduct of the Fiestas, and shall ensure vendor compliance. (viii) CHAMBER shall: (1) Incorporate sustainability requirements into vendor agreements, and advertise green measures and rules in event advertising and online; (2) limit single-use paper, plastics, packaging, and décor items; use appropriately sized plates, containers and cups; and limit use of handouts, flyers and give-aways; (3) provide free drinking water in large dispensers at a minimum of two prominent locations (people can refill their own bottles, or provide paper cups), and avoid sale or give-away of single- use plastic bottled drinking water; (4) enact a no-idling requirement for vehicles; (5) provide onsite personnel to ensure that litter and trash are minimized, and recycling is maximized; and (6) provide a list of the functions for which vehicles are used in connection with the event, and a plan increasing the use of hybrid, electric or CNG vehicles over the term of the agreement. (ix) CHAMBER agrees to implement sustainability/green measures that may be required of other large events in the City prior to the term of the Agreement, notwithstanding non- inclusion in this agreement. (x) CHAMBER shall participate in pre-event and post-event reviews of compliance with sustainability measures. l. Sales Tax Forms. CHAMBER shall provide sales tax distribution forms to all Fiesta contractors and vendors. m. City Booth Space. CHAMBER shall assign two booths to the CITY at no cost, as needed, in a prominent location within the event footprint as determined by the CHAMBER. The CITY or its assignee may utilize these booths to distribute public information and/or promote community programs and services to attendees. 5 n. Private Security Standards. CHAMBER shall work in concert with the Hermosa Beach Police Department to determine private security standards that are appropriate for Fiesta and community event operations. CHAMBER shall seek to employ CITY’s preferred private security firm provided its costs are competitive. The private security standards will be in addition to the minimum police services, which will be determined by the Hermosa Beach Police Department, as noted in Section 1(c) of this Agreement. o. Logistical Meetings. CHAMBER is required to participate in logistical and planning meetings with relevant CITY departments as requested by the City. p. Holiday Decoration Funding. CHAMBER agrees that all or a portion of funds donated to the CITY in FY2014-2015 shall be applied toward the purchase, installation and/or maintenance of citywide holiday decorations at the CITY’s sole discretion. q. Fiesta Net Profit Allocation. CHAMBER shall exercise best efforts toward a commitment of 70% of net profits invested into marketing and business recruitment, retention and development, with the remaining 30% applied to CHAMBER reserves by the commencement of the second year of this Agreement. r. Ongoing Event Improvements. CHAMBER shall exercise best efforts to implement the measures set forth in Exhibit A (February 13, 2018 and October 23, 2018 staff reports and recommendations), attached hereto and incorporated by reference, for Fiesta events. Through the process outlined in Section 1(i) of this Agreement the CHAMBER and CITY shall work collaboratively to ensure event improvements are sustainable and reflective of the measures set forth in Exhibit A. s. Community Feedback. CHAMBER shall provide and facilitate an annual process, in collaboration with the CITY, for receiving public feedback on Fiesta events including implemented, ongoing, and proposed changes or enhancements. Section 2. CITY’s Duties. a. Event Permits. CITY shall provide event permits to CHAMBER for each Fiesta unless CITY determines in its sole discretion that it would not be in the public interest or that it would be adverse to the public health, safety, or welfare. b. Waiver of Business License Fees and Taxes. For each Fiesta provided in accordance with this Agreement, the fees required by Section 1(c) of this Agreement shall be in lieu of that portion of CITY business license fees and CITY business license taxes attributable to the Fiesta and owed by CHAMBER pursuant to the Hermosa Beach Municipal Code. This Section shall not constitute a waiver of any other type of fees or taxes or of that portion of CITY business license fees or City business license taxes owed by CHAMBER attributable to activities other than the provision of the Fiestas. Nor shall it constitute a waiver of any fees or taxes owed by any person or entity other than CHAMBER, including but not limited to those owed by vendors participating in the Fiestas. 6 c. Cooperation with CHAMBER. CITY shall provide CHAMBER the results of CITY’s annual review and may make suggestions for the improvement of the Fiestas. CITY shall not unreasonably withhold consent to CHAMBER’s requests for flexibility in the location of the Fiestas in the event minor relocation is necessary due to construction activities nearby or an act of God. d. Allocation of Proposition A Funds. CITY shall allocate Proposition A funds for full reimbursement of CHAMBER costs associated with adequate implementation of the shuttle bus program as set forth in Section 1(k)(iii) of this Agreement. e. Event Fee Invoicing. CITY shall provide CHAMBER with initial estimates for direct and indirect CITY costs associated with Fiesta events 90 days in advance of each event. Such costs shall include but not be limited to sidewalk and street cleaning, parking meter fees, and provision of police and public works services. These amounts are intended as estimations, as final costs billed to the CHAMBER may change due to public safety staffing availability and various other factors. Section 3. Assignment. This agreement may not be assigned in whole or in part by either party, without the prior written consent of the other party. Section 4. Independent Contractor. CHAMBER will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CHAMBER as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CHAMBER. Section 5. Personnel. CHAMBER represents that it has, or shall secure at its own expense, all personnel required to perform CHAMBER’s duties under this Agreement. CHAMBER may associate with or employ associates or subconsultants in the performance of its duties under this Agreement, but at all times shall be responsible for their performance. Section 6. Termination. CITY may terminate this Agreement upon 30 days written notice to CHAMBER if CITY determines in its sole discretion that continuation of this Agreement would not be in the public interest, that it would be adverse to the public health, safety, or welfare, for failure of the CHAMBER to adequately incorporate measures outlined in Exhibit A, or that a substantial portion of CITY’s property is unavailable due to construction activity. Prior to termination on the ground that a substantial portion of CITY’s property is unavailable due to construction activity, CITY shall provide CHAMBER an opportunity to propose adjustments to the venue or an alternative location for the event. CHAMBER’s proposed adjustments or alternative shall be provided within 30 days of written notice from CITY and is subject to approval of the City Council, in its sole discretion, in a public meeting. Upon termination of the Agreement, any events subsequent to the termination will no longer be the responsibility of the CHAMBER. Section 7. Notice. Any notice required to be given shall be deemed duly and properly given upon delivery, if sent postage prepaid or if personally delivered as follows: 7 For CHAMBER: Hermosa Beach Chamber of Commerce 1007 Hermosa Avenue Hermosa Beach, California 90254 (310) 376-0951 Attention: President/CEO For CITY: City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 (310) 318-0216 Attention: Suja Lowenthal, City Manager Section 8. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CHAMBER, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. The parties anticipate that, in addition to this Agreement, they will enter into an event agreement for each Fiesta setting forth precise terms and conditions applicable to that Fiesta. EXECUTED the day and year first above stated. CITY OF HERMOSA BEACH By:___________________________________ Stacey Armato, Mayor ATTEST: _______________________________________ Elaine Doerfling, City Clerk HERMOSA BEACH CHAMBER OF COMMERCE By:____________________________________ President/CEO City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 13, 2018 FIESTA HERMOSA COUNCIL SUBCOMMITTEE UPDATE AND RECOMMENDATIONS; AND APPROVAL OF AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH CHAMBER OF COMMERCE TO PROVIDE 2018 FIESTA HERMOSA EVENTS (Assistant to the City Manager Nico De Anda-Scaia) Recommended Action: Staff recommends that the City Council: 1. Consider and accept the subcommittee’s update and proposed recommendations to the Chamber of Commerce regarding future improvements to Fiesta Hermosa; 2. Approve the attached one-year contract through 2018 between the City of Hermosa Beach and the Chamber of Commerce to provide Fiesta Hermosa and community events; and 3. Approve the Council subcommittee’s efforts to be continued as a standing committee, with the intent of partnering with the Chamber of Commerce and other stakeholders in assessing the progress of these improvements over the next two Fiestas. Background: Fiesta de las Artes began in 1968 as a one-day Labor Day event on what is now Pier Plaza. This event has expanded significantly over the last 50 years, evolving from what was once a quaint event with a focus on local crafts and music to a major tourist-attraction, taking up a major downtown footprint on two 3-day holiday weekends. Since 1972, the City has had successive agreements with the Chamber of Commerce to produce Fiesta Hermosa. The most recent City contract with the Chamber of Commerce for Fiesta Hermosa expired after Labor Day 2017. Following growing impacts to local residents and businesses, and concerns among City Council members related to the benefits and future sustainability of this event, in July, 2017, the City Council established a subcommittee to work in a coordinated effort with staff and the Chamber of Commerce in assessing public input regarding the overall impacts/benefits of these events. The subcommittee would also work to identify areas for potential improvements to the Fiestas through various methods of public engagement - as no formal process for evaluation had been spearheaded at this level until now. The following sections provide a summary of these efforts, along with an analysis of public feedback received by the subcommittee during their work over the past several months. File #:REPORT 18-0108,Version:1 City of Hermosa Beach Printed on 2/8/2018Page 1 of 8 powered by Legistar™ EXHIBIT A File #:REPORT 18-0108,Version:1 Analysis: Through feedback obtained from our local residents, business community, event merchants and participants, the City Council’s Fiesta Subcommittee feels confident that Fiesta Hermosa plays an important role in our community, local culture and the city’s history. With that in mind, there are clear and consistent improvements that the Subcommittee is recommending be made to ensure this legacy community event remains both a public benefit and sustainable endeavor for years to come. The following recommendations reflect a synthesis of the feedback obtained over the course of multiple stakeholder meetings, a community town hall event, and a month-long online public comment campaign, as well as the Subcommittee’s independent outreach to various stakeholder groups. The subcommittee has identified the following key issues and recommendations for Council’s consideration and concurrence: I. A CLEARER SENSE OF WHAT WE ARE CELEBRATING Fiesta Hermosa began in the 1960’s as ‘Fiesta de las Artes’, a one-day event held on what is now Pier Plaza, with a primary focus on local artisans, crafts and music. Over the past 50 years this event has doubled into two events and evolved into the self-proclaimed ”largest arts & crafts fair in Southern California,” an attraction relying upon a broad commercial base. An increased focus on monetizing Fiesta components in order to fund other Chamber needs has veered this community event from what was its original intent as a celebration of Hermosa Beach. A consistent question raised during our information gathering process: What is its purpose? Recommendations: 1. The events should seek to tie in more closely, and be in sync with, the community and the holidays they occupy. 2. That the events be more thematic and celebratory of Memorial and Labor Days through enhanced programming elements, decorations and commemorations that are inclusive of community and City participation. II. ENHANCE LOCAL CRAFTS AND CULTURE In its current form, the event is a significant departure from its original intent of serving and spotlighting our diverse and unique local assets - such as our many talented artists, musicians, businesses and community organizations. The subcommittee feels strongly that more effort needs to be made to highlight those things that truly make Hermosa, Hermosa. Recommendations: City of Hermosa Beach Printed on 2/8/2018Page 2 of 8 powered by Legistar™ EXHIBIT A File #:REPORT 18-0108,Version:1 1. Incorporate more local musicians and more diversity of music forms as a key component to Fiesta Hermosa. Suggested changes: a. Inclusion of acoustic stage for local musicians at intersection of Manhattan and Pier Avenues; b. Adjustment of acoustic sets at Manhattan/Pier Avenue to be for 90min periods with 30min changeover to accommodate more local acts; that the Chamber consider making this the standard for all musical act bookings. 2. Refocus the vendor mix with more emphasis on local arts & crafts and a gradual reduction of non-city commercial vendors. 3. Establish a designated fine arts area for “locals only” where participants can ‘wall display’ and sell their fine art. 4. Continued and increased opportunities for involvement of community non-profit organizations. 5. Creation of an event schedule/map for distribution to the public. III. MORE ATTENTION TO ELEVATING THE EVENT EXPERIENCE FOR ATTENDEES, LOCAL BUSINESS OPERATORS AND EXHIBITORS Hosting Fiesta Hermosa events on two major 3-day holiday weekends presents a significant impact to residents and downtown businesses. The subcommittee contends that additional measures be taken to mitigate the burdens on our residents, while also facilitating the enjoyment and patronage of our local businesses. Recommendations: 1. Less impactful footprint/layout. The vendor tent layout should be arranged in a manner that allows adequate access to all businesses, regardless of Chamber membership (via pathways or wider booth spaces). 2. Improved way-finding signage throughout the event for public restrooms, vehicular and bicycle parking, and event elements. 3. Additional measures to ensure improved cleanliness throughout the Fiesta, particularly the Carnival and Food Court areas. This must be an immediate and major focus. 4. Increased collaboration with local transit agencies and the SBCCOG to ensure adequate shuttling services. Better marketing of current shuttle program. 5. Continued exploration of the viability of hosting one Fiesta event on a non-holiday weekend. The Fiesta Council Subcommittee therefore recommends that the City Council approve a contract with the Chamber of Commerce and Visitors’ Bureau for both 2018 Fiestas, with consideration and expectations for implementation of the improvements listed above - some of which have already been mutually agreed upon - to ensure these events are both a community benefit as well as a sustainable endeavor moving forward. The Subcommittee further recommends that the work of this committee be continued as a standing committee, with the intent of partnering with the Chamber of Commerce - as well as other stakeholders moving forward in assessing the progress of these City of Hermosa Beach Printed on 2/8/2018Page 3 of 8 powered by Legistar™ EXHIBIT A File #:REPORT 18-0108,Version:1 improvements over the next two Fiestas. This would include periodic reports to the City Council during public meetings. Fiscal Implications: The City currently collects a flat $40 fee per vendor in lieu of individual vendors obtaining business licenses. This amount varies depending upon the number of vendors that participate in each Fiesta. In 2017 the City collected $16,680 in total vendor-related fees (these fees are collected in addition to the reimbursement from the Chamber for direct costs). Direct costs include lost parking revenue, city staff inspection activity, police and fire staff time, event clean-up and other items. The total direct cost reimbursements to the City averaged about $34,000 per event. Included in this amount is a City credit to the Chamber of $3,000 per event for transportation services using Prop A funds. Attachments: 1. Fiesta Town Hall Comment Summary & Online Campaign Public E-comments 2. Draft Fiesta Agreement Respectfully Submitted by: Nico De Anda-Scaia, Assistant to the City Manager Financial Analysis:Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Sergio Gonzalez, City Manager City of Hermosa Beach Printed on 2/8/2018Page 4 of 8 powered by Legistar™ EXHIBIT A City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0664 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of October 23, 2018 FIESTA HERMOSA COUNCIL SUBCOMMITTEE UPDATE (Assistant to the City Manager Nico De Anda-Scaia) Recommended Action: Staff recommends that the City Council: 1. Reaffirm the Subcommittee’s recommendations for improvements to future Fiesta Hermosa events; 2. Discuss and provide direction regarding parameters for negotiation of a new Fiesta Hermosa agreement; and 3. Authorize and direct the City Manager to engage the Hermosa Beach Chamber of Commerce and Visitors’ Bureau in negotiating a new Fiesta Hermosa agreement, and to return to the full Council with an update on those efforts. Background: In July 2017, the City Council established an ad-hoc Subcommittee (comprised of Mayor Duclos and Mayor Pro-tem Armato) to work in a coordinated effort with staff and the Chamber of Commerce in assessing public input regarding the overall impacts/benefits of Fiesta Hermosa events. Over the coming year, the Subcommittee and Chamber identified various areas for potential future improvements to the Fiestas through a comprehensive community and stakeholder engagement process. These recommended future improvements were presented to the City Council for endorsement in February 2018 and are included as Attachment 1 to this report. At that meeting, the City Council also approved a one-year contract extension with the Chamber to produce events through 2018, with direction to continue the efforts of the Council Subcommittee in assessing the progress of these improvements over the 2018 Fiestas. The City’s 2018 Fiesta Hermosa agreement is included as Attachment 2 to this report. Following the Memorial Day 2018 Fiesta, the Council Subcommittee and Chamber of Commerce provided an update to the full City Council, including planned next steps for incorporating additional improvements to the Labor Day 2018 Fiesta. In order to facilitate these various changes, the City City of Hermosa Beach Printed on 10/18/2018Page 5 of 8 powered by Legistar™ EXHIBIT A Staff Report REPORT 18-0664 Council approved reconfiguring the footprint of Fiesta Hermosa along Pier Avenue to Monterrey Boulevard for the 2018 Labor Day weekend. Since this time, the Council Subcommittee has continued to meet with staff on a regular basis. As part of this agenda item, staff is recommending that the City Council consider the efforts of the Subcommittee and Chamber of Commerce over the past year related to Fiesta Hermosa events, and provide direction regarding the City’s existing agreement that expires at the end of the 2018 calendar year. Analysis: With input from local residents, businesses, Fiesta Hermosa merchants and the non-profit community (Attachment 3), the City Council unanimously endorsed a set of recommendations for improvements to Fiesta Hermosa events earlier this year. These recommendations are listed in detail as part of Attachment 1, and are generally categorized under the following key areas: ·A clearer sense of what we are celebrating, including closer tie-in with the community and holidays these events occupy; ·Enhanced local crafts and culture highlighting our diverse and unique local assets; and ·Elevating the event experience for attendees, local businesses operators and exhibitors. Toward this end, in 2018 the Chamber of Commerce implemented the following new program elements (these are further described in Attachment 4): ·Reconfiguration of vendors along Hermosa Avenue to provide better pedestrian access while mitigating impacts to brick and mortar businesses. ·Expansion of the Fiesta art zone to include additional local artists and live presentations. ·Additions to the acoustic stage section along Pier Avenue, including a stage and public seating on Pier Avenue. ·Improved event signage and a digital campaign aimed at promoting shopping local. ·Expanded community booth area. ·More food/beverage options throughout the event footprint. In addition to these changes, and in-line with the recommended improvements that were endorsed by the full City Council in February 2018, the Subcommittee is requesting that City Council consider the following conditions as potential elements of future contracts: ·Reduced event footprint with a cap on the number of total booths overall. ·Refocused vendor mix with more emphasis on local arts & crafts and a reduction of non-city commercial vendors. ·Chamber to provide transparent financial records related to Fiesta Hermosa events. ·Integration of cashless-payment methods for Fiesta carnival and beer garden transactions. City staff are therefore requesting Council consideration and direction regarding these elements, City of Hermosa Beach Printed on 10/18/2018Page 6 of 8 powered by Legistar™ EXHIBIT A Staff Report REPORT 18-0664 including expectations and appropriate parameters for negotiation of future Fiesta Hermosa agreements with the Chamber. The current agreement is slated to expire at the end of the 2018 calendar year. As a condition of the agreement, the Chamber of Commerce has agreed to fund and coordinate specified annual community events including the St. Patrick’s Day Parade, New Year’s Eve Celebration, State of the City Address, Holiday Decorations and Tree Lighting Event. For over a year, the Chamber of Commerce has expressed their concern over growing costs associated with putting on these annual events. A letter from the Chamber dated May 15, 2017 is included with this report as Attachment 5. In response, the City has contributed toward recent holiday-related expenses, including $15,000 toward a new Christmas tree and approximately $12,000 for 2018 holiday decorations and installation. General Plan Consistency: This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant policies are listed below: Governance Element: 1.6 Long-term Considerations.Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities. 2.6 Responsive to Community Needs.Continue to be responsive to community inquiries, providing public information and recording feedback from community interactions. 5.1 Residential and Commercial Compatibility.Provide a balance between residential and commercial uses and strive to ensure their compatibility. 5.7 Visitor and Resident Balance.Recognize the desire and need to balance visitor-serving and local -serving uses as a key to preserving character and the economic vitality of the community. 5.8 Public Private Partnerships.Pursue the use of public-private partnerships to implement projects and efforts that maintain the character and benefit the community. 6.4 Business Support. Support the Chamber of Commerce, retailers, tourist service businesses, artists, and other agencies to develop an aggressive marketing strategy with implementation procedures. Fiscal Impact: There is no direct fiscal impact associated with this Council action. Future financial implications may be realized upon negotiations of a new Fiesta Hermosa agreement with the Chamber of Commerce. Attachments: 1. Fiesta Subcommittee Council Report (February 2018) 2. 2018 Fiesta Hermosa Agreement 3. Fiesta Town Hall Public Comment Summary & Online Campaign E-comments City of Hermosa Beach Printed on 10/18/2018Page 7 of 8 powered by Legistar™ EXHIBIT A Staff Report REPORT 18-0664 4. Chamber of Commerce ‘Mid-year Fiesta Update’ Presentation (July 2018) 5. Chamber of Commerce Request for Holiday Season Cost-Sharing (May 2017) Respectfully Submitted by: Nico De Anda-Scaia, Assistant to the City Manager Concur: Kelly Orta, Community Resources Manager Noted for Fiscal Impact:Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, Interim City Manager City of Hermosa Beach Printed on 10/18/2018Page 8 of 8 powered by Legistar™ EXHIBIT A 1 AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH CHAMBER OF COMMERCE TO PROVIDE FIESTAS HERMOSA THIS AGREEMENT is made this ________ day of _________________, 2019, by and between the City of Hermosa Beach (hereinafter called “CITY”), and the Hermosa Beach Chamber of Commerce (hereinafter called “CHAMBER”). RECITALS A. CHAMBER desires to organize, coordinate, produce and oversee a twice annual Fiesta Hermosa (“Fiestas”) in the City on City-owned property and rights-of-way for the term of this Agreement. B. CHAMBER represents that it is qualified and able to do so in a manner that benefits CITY and its resident and business community. C. CHAMBER desires a commitment from CITY to fix the Fiesta event schedule for the next three years, subject to the availability of the City property used for the event. NOW, THEREFORE, the parties agree as follows: Section 1. CHAMBER’s Duties: a. Fiestas. CHAMBER shall organize, coordinate, produce and oversee the Fiestas, open to the public, during the Saturday, Sunday and Monday of each Memorial Day and Labor Day Weekend in 2019, 2020, and 2021. The Fiestas shall be held in a location as mutually agreed upon between the CITY and CHAMBER. b. Event Permits and Agreements. CHAMBER shall obtain permits from CITY for each Fiesta and shall enter into and comply with all agreements for such permits as required by CITY, including but not limited to the provision of adequate insurance and indemnification of CITY, its officers, agents, volunteers, employees, and attorneys. c. Fee to CITY. CHAMBER shall pay CITY an event fee within 30 days after each Fiesta during the first year of this Agreement of $45 per vendor participating in the Fiesta. At the commencement of the second year of this Agreement, the per vendor fee shall be adjusted on an annual basis using the percentage increase in the cost of living (CPI), not to exceed three percent (3%) as calculated by the United States Bureau of Statistics for the Los Angeles – Riverside – Orange County Standard Metropolitan Statistical Area for All Urban Consumers. CHAMBER shall collect the fee from each vendor but shall not be required to collect the fee from any vendor who provides CHAMBER written proof of its non-profit status or which holds a valid City business license. In addition, CHAMBER shall pay CITY all direct and indirect costs associated with each Fiesta in accordance with the event permit and event agreement as 2 may be required by CITY. Such costs shall include but not be limited to sidewalk and street cleaning, parking meter fees, and provision of police and public works services. d. Booth Fees. (i) CHAMBER shall offer booth space free of charge to community nonprofit organizations not selected for Beer Garden Charity Volunteer Service. This free booth space shall be provided on a first-come-first-serve basis not to exceed 10 spaces. Additional approvals may be considered based on availability. (ii) CHAMBER shall offer a discount of 25% for booth space to businesses with a Hermosa Beach location that hold a valid business license and are currently Chamber members. Hermosa businesses that are not Chamber members will be offered the option to join the Chamber at the time of application to receive the discount for both Fiestas within the year of their membership. e. Free Expression Zone. The Free Expression Zone shall be located in a prominent area in the path of pedestrian traffic or towards the center of the venue, determined by prior mutual agreement between the City Manager and CHAMBER. Space in the zone shall be provided at no charge to participants. f. Limitation on Use of Fiesta Revenue. Revenue derived by the CHAMBER from the Fiestas shall not be used for political campaigning or sectarian religious purposes or activities. g. Promotion of Responsible Alcohol Consumption. CHAMBER shall encourage and promote responsible consumption of alcohol, appropriate taxi and ride share options for event patrons, and City designated taxi and ride share pick-up and drop-off locations in event signage, marketing, and throughout the Fiesta Beer Garden area. CHAMBER shall exercise best efforts to facilitate responsible beverage service education and training for Beer Garden volunteers, which is available at no cost through the Beach Cities Health District and/or California Department of Alcohol Beverage Control. h. Memorial Day Acknowledgement. CHAMBER shall acknowledge Memorial Day at the Memorial Day weekend Fiesta in a suitable manner acceptable to the City Manager. i. Annual Review. Within 90 days after the Labor Day Fiesta, CHAMBER shall provide an annual overview to the City Council in the form of an agendized presentation highlighting the Chamber’s programs and activities for the year. On an annual basis as mutually agreed upon between CHAMBER and CITY, CHAMBER shall provide the City Manager or her/his designee with a complete Annual Report on Fiesta event operations, including appropriate financial accounting and profit and loss statements. This report shall contain all records of both Fiestas, including proposed and implemented changes or enhancements to the events. 3 j. Funding Specified Events. CHAMBER agrees for the duration of this Agreement to fund and produce the following events in a manner consistent with high standards: St. Patrick's Day Parade Holiday Celebration/Tree Lighting Event New Year's Eve Celebration k. Environmental Sustainable Measures. CHAMBER shall continue to implement the environmental sustainability measures that it has incorporated into the Fiestas, including but not limited to: (i) Trash Recycling Program Recyclable items shall be separated from refuse/trash. CHAMBER shall coordinate with CITY’s franchisee refuse hauler to add more recycling containers in more convenient locations to ensure capacity and reduce litter. (ii) Electric and Bio-diesel Generators Generators on the venue shall be electric or operated with a 50% blend of bio-diesel fuel, or equivalent or lower emissions sources. (iii) Clean Buses/Shuttles CHAMBER shall provide a free shuttle service from remote parking to/from the event. Designated shuttle routes shall seek to mitigate impacts to residents and shall be mutually agreed upon between the CITY and CHAMBER. All buses and shuttles shall be electric, hybrid or use CNG, or equivalent or cleaner emission fuels, and fully comply with all regulations. (iv) Free Bicycle Parking Lot CHAMBER will provide a valet bicycle parking lot for a minimum of 3,000 bicycles at no charge to cyclists. CHAMBER will provide bicycle education and bike check services at the valet lot. Bicycle parking lot is contingent upon CITY providing a location. CHAMBER and CITY shall work collaboratively to ensure this event component reflects the needs of visitors while remaining economically viable to the CHAMBER. (v) Food Service Containers CHAMBER has read, understands and accepts responsibility for ensuring implementation of the City’s food packaging prohibitions in Section 8.64.030 of the Municipal Code, which reads as follows: 4 8.64.030(C). No Person shall use or distribute Polystyrene Food Service Ware at City- sponsored events, City-managed concessions and City meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, City Contractors, Food Providers and any other Person that enters into an agreement with one or more of the function sponsors to sell or distribute Prepared Food or otherwise provide a service related to the function. Biodegradable food service containers shall be used by vendors in the food court and beer garden. (vi) Plastic Bags Vendors shall be prohibited from using plastic bags to deliver, provide or hand merchandise to customers. (vii) CHAMBER shall additionally implement all sustainability measures in City’s Green Matrix through its conduct of the Fiestas, and shall ensure vendor compliance. (viii) CHAMBER shall: (1) Incorporate sustainability requirements into vendor agreements, and advertise green measures and rules in event advertising and online; (2) limit single-use paper, plastics, packaging, and décor items; use appropriately sized plates, containers and cups; and limit use of handouts, flyers and give-aways; (3) provide free drinking water in large dispensers at a minimum of two prominent locations (people can refill their own bottles, or provide paper cups), and avoid sale or give-away of single- use plastic bottled drinking water; (4) enact a no-idling requirement for vehicles; (5) provide onsite personnel to ensure that litter and trash are minimized, and recycling is maximized; and (6) provide a list of the functions for which vehicles are used in connection with the event, and a plan increasing the use of hybrid, electric or CNG vehicles over the term of the agreement. (ix) CHAMBER agrees to implement sustainability/green measures that may be required of other large events in the City prior to the term of the Agreement, notwithstanding non- inclusion in this agreement. (x) CHAMBER shall participate in pre-event and post-event reviews of compliance with sustainability measures. l. Sales Tax Forms. CHAMBER shall provide sales tax distribution forms to all Fiesta contractors and vendors. m. City Booth Space. CHAMBER shall assign two booths to the CITY at no cost, as needed, in a prominent location within the event footprint as determined by the CHAMBER. The CITY or its assignee may utilize these booths to distribute public information and/or promote community programs and services to attendees. 5 n. Private Security Standards. CHAMBER shall work in concert with the Hermosa Beach Police Department to determine private security standards that are appropriate for Fiesta and community event operations. CHAMBER shall seek to employ CITY’s preferred private security firm provided its costs are competitive. The private security standards will be in addition to the minimum police services, which will be determined by the Hermosa Beach Police Department, as noted in Section 1(c) of this Agreement. o. Logistical Meetings. CHAMBER is required to participate in logistical and planning meetings with relevant CITY departments as requested by the City. p. Holiday Decoration Funding. CHAMBER agrees that all or a portion of funds donated to the CITY in FY2014-2015 shall be applied toward the purchase, installation and/or maintenance of citywide holiday decorations at the CITY’s sole discretion. q. Fiesta Net Profit Allocation. CHAMBER shall exercise best efforts toward a commitment of 70% of net profits invested into marketing and business recruitment, retention and development, with the remaining 30% applied to CHAMBER reserves by the commencement of the second year of this Agreement. r. Ongoing Event Improvements. CHAMBER shall exercise best efforts to implement the measures set forth in Exhibit A (February 13, 2018 and October 23, 2018 staff reports and recommendations), attached hereto and incorporated by reference, for Fiesta events. Through the process outlined in Section 1(i) of this Agreement the CHAMBER and CITY shall work collaboratively to ensure event improvements are sustainable and reflective of the measures set forth in Exhibit A. s. Community Feedback. CHAMBER shall provide and facilitate an annual process, in collaboration with the CITY, for receiving public feedback on Fiesta events including implemented, ongoing, and proposed changes or enhancements. Section 2. CITY’s Duties. a. Event Permits. CITY shall provide event permits to CHAMBER for each Fiesta unless CITY determines in its sole discretion that it would not be in the public interest or that it would be adverse to the public health, safety, or welfare. b. Waiver of Business License Fees and Taxes. For each Fiesta provided in accordance with this Agreement, the fees required by Section 1(c) of this Agreement shall be in lieu of that portion of CITY business license fees and CITY business license taxes attributable to the Fiesta and owed by CHAMBER pursuant to the Hermosa Beach Municipal Code. This Section shall not constitute a waiver of any other type of fees or taxes or of that portion of CITY business license fees or City business license taxes owed by CHAMBER attributable to activities other than the provision of the Fiestas. Nor shall it constitute a waiver of any fees or taxes owed by any person or entity other than CHAMBER, including but not limited to those owed by vendors participating in the Fiestas. 6 c. Cooperation with CHAMBER. CITY shall provide CHAMBER the results of CITY’s annual review and may make suggestions for the improvement of the Fiestas. CITY shall not unreasonably withhold consent to CHAMBER’s requests for flexibility in the location of the Fiestas in the event minor relocation is necessary due to construction activities nearby or an act of God. d. Allocation of Proposition A Funds. CITY shall allocate Proposition A funds for full reimbursement of CHAMBER costs associated with adequate implementation of the shuttle bus program as set forth in Section 1(k)(iii) of this Agreement. e. Event Fee Invoicing. CITY shall provide CHAMBER with initial estimates for direct and indirect CITY costs associated with Fiesta events 90 days in advance of each event. Such costs shall include but not be limited to sidewalk and street cleaning, parking meter fees, and provision of police and public works services. These amounts are intended as estimations, as final costs billed to the CHAMBER may change due to public safety staffing availability and various other factors. Section 3. Assignment. This agreement may not be assigned in whole or in part by either party, without the prior written consent of the other party. Section 4. Independent Contractor. CHAMBER will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CHAMBER as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CHAMBER. Section 5. Personnel. CHAMBER represents that it has, or shall secure at its own expense, all personnel required to perform CHAMBER’s duties under this Agreement. CHAMBER may associate with or employ associates or subconsultants in the performance of its duties under this Agreement, but at all times shall be responsible for their performance. Section 6. Termination. CITY may terminate this Agreement upon 30 days written notice to CHAMBER if CITY determines in its sole discretion that continuation of this Agreement would not be in the public interest, that it would be adverse to the public health, safety, or welfare, for failure of the CHAMBER to adequately incorporate measures outlined in Exhibit A, or that a substantial portion of CITY’s property is unavailable due to construction activity. Prior to termination on the ground that a substantial portion of CITY’s property is unavailable due to construction activity, CITY shall provide CHAMBER an opportunity to propose adjustments to the venue or an alternative location for the event. CHAMBER’s proposed adjustments or alternative shall be provided within 30 days of written notice from CITY and is subject to approval of the City Council, in its sole discretion, in a public meeting. Upon termination of the Agreement, any events subsequent to the termination will no longer be the responsibility of the CHAMBER. Section 7. Notice. Any notice required to be given shall be deemed duly and properly given upon delivery, if sent postage prepaid or if personally delivered as follows: 7 For CHAMBER: Hermosa Beach Chamber of Commerce 1007 Hermosa Avenue Hermosa Beach, California 90254 (310) 376-0951 Attention: President/CEO For CITY: City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 (310) 318-0216 Attention: Suja Lowenthal, City Manager Section 8. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CHAMBER, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. The parties anticipate that, in addition to this Agreement, they will enter into an event agreement for each Fiesta setting forth precise terms and conditions applicable to that Fiesta. EXECUTED the day and year first above stated. CITY OF HERMOSA BEACH By:___________________________________ Stacey Armato, Mayor ATTEST: _______________________________________ Elaine Doerfling, City Clerk HERMOSA BEACH CHAMBER OF COMMERCE By:____________________________________ President/CEO City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0064 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DEDICATING THE SHARED ROADWAY "SHARROW LANE" IN THE NUMBER TWO LANE (OUTSIDE LANE) ON BOTH SIDES OF HERMOSA AVENUE FROM HERONDO STREET TO 24TH STREET AS THE “JULIAN KATZ BIKE ROUTE” (Environmental Analyst Kristy Morris) Recommended Action: Staff recommends that the City Council: 1.Adopt a resolution dedicating the shared roadway "Sharrow Lane" in the number two lane (outside lane) on both sides of Hermosa Avenue from Herondo Street to 24th Street as the “Julian Katz Bike Route”; 2.Approve the installation of signage dedicating the “Julian Katz Bike Route”; and 3.Encourage staff to continue to implement the Bikeway Master Plan and Mini-Corral Plan. Executive Summary: Mr. Julian Katz, a Hermosa Beach resident since 1989, was instrumental in developing the South Bay Bikeway Master Plan, which introduced the first sharrow lane on Hermosa Avenue. Mr. Katz passed in June 2018 leaving an indelible mark and legacy in the City through his commitment to bicycle mobility. By adopting this resolution, the City Council would recognize Mr. Katz’ bicycle safety advocacy by dedicating the shared roadway "Sharrow Lane" on both sides of Hermosa Avenue as the “Julian Katz Bike Route” and approving installation of the respective signage. Background: On July 28, 2009, the City Council approved the Bikeway Master Plan establishing recommended Bike Routes throughout the City. The primary recommendation of the Bikeway Master Plan was the installation of "Sharrow Lanes". These are vehicle travel lanes with painted pavement markings designating where a bicycle may ride within that travel lane. Sharrow lanes are recommended only on streets with speed limits of 35 mph or less and are typically placed adjacent to street parking where it can be unsafe for bicyclists to ride immediately adjacent to parked cars. City of Hermosa Beach Printed on 2/6/2019Page 1 of 3 powered by Legistar™ Staff Report REPORT 19-0064 On September 22, 2009, following the adoption of the Bikeway Master Plan, the City Council approved a pilot project for the installation of pavement markings and signage to establish a Shared Roadway "Sharrow Lane" in the number two lane (outside lane) on both sides of Hermosa Avenue from Herondo Street to 24th Street, which were completed in January 2010. Staff held a public forum on October 20, 2010 in order to receive public feedback regarding the pilot project and inform a recommendation to City Council regarding the future of the sharrow bike lane program. Results from this pilot project demonstrated an improvement in rider and driver awareness and bicyclist safety. Discussion: Mr. Julian Katz and his wife, Mrs. Gila Katz, moved to Hermosa Beach in 1989 where he became an advocate for safer streets for bicyclists in the South Bay. He became the founding member and past president of the South Bay Bicycle Coalition, a vice president of the Beach Cities Cycling Club, as well as a past president of the Hermosa Beach Lawn Blowing Club. He also spent eight years on the Hermosa Beach Public Works Commission, from 2006 to 2014. Mr. Katz was also instrumental in developing the South Bay Bikeway Master Plan, which introduced the first sharrow lane on Hermosa Avenue. He helped unify the cities of El Segundo, Hermosa Beach, Manhattan Beach, Redondo Beach, Torrance, Lawndale and Gardena to develop that plan, which led to a $250,000 grant from the Los Angeles County Department of Public Health. As a result of the Hermosa Avenue sharrows demonstration project, over 13.8 miles of sharrows and 40 miles of the bikeways have been installed throughout the South Bay as part of the Bikeway Master Plan. Mr. Katz passed in June 2018. The City Council, at its January 8, 2019 meeting, requested staff to proceed with dedicating a roadway in his memory. Staff recommends Council dedicate the shared roadway "Sharrow Lane" on Hermosa Avenue from Herondo Street to 24th Street as the “Julian Katz Bike Route” and adopt the corresponding resolution (Attachment 1), which includes the installation of signage dedicating the “Julian Katz Bike Route”at the entrance to Hermosa Avenue from Herondo Street and 24th Street (Attachment 2), and at the mini-corrals along Hermosa Avenue in front of Starbucks and 10th Street and Hermosa Avenue. Staff will continue to implement the Bikeway Master Plan and Mini-Corral Plan, and projects contained therein. General Plan Consistency: The staff recommendations presented in this report are consistent with the following General Plan policies: 2.1 Complete neighborhoods. Neighborhoods are complete and well-structured by encouraging, where appropriate, the following characteristics: • Contain a high level of connectivity for pedestrians, bicycles and vehicles. City of Hermosa Beach Printed on 2/6/2019Page 2 of 3 powered by Legistar™ Staff Report REPORT 19-0064 2.3 Directional signage. Provide directional signage that helps travelers navigate to transit facilities, local and regional bicycle routes, civic and cultural amenities, parking infrastructures and visitor and recreation destinations. 3.4 Access opportunities. Provide enhanced mobility and access opportunities for local transportation and transit services in areas of the city with sufficient density and intensity of uses, mix of appropriate uses, and supportive bicycle and pedestrian network connections that can reduce vehicle trips within the city’s busiest corridors. 3.6 Complete bicycle network. Provide a complete bicycle network along all designated roadways while creating connections to other modes of travel including walking and transit. 7.2 Manage speeds. Monitor vehicle speeds through traffic controls, speed limits, and design features with the intended purpose of minimizing vehicle accidents, creating a pedestrian and bicycle environment, and discouraging cut-through traffic. 7.8 Active transportation education and safety. Promote the participation in pedestrian, bicycle, and skateboard safety and education programs to facilitate safe and confident use of alternative modes of transportation. Fiscal Impact: The recommended improvements would be completed by Public Works staff with an estimated cost of $200 for signage. The signs would be purchased using funds available in the City Manager’s Contract Services account. Attachments: 1. Resolution dedicating the “JULIAN KATZ BIKE ROUTE” 2. Sample Signage Respectfully Submitted by: Kristy Morris, Environmental Analyst Concur: Lucho Rodriguez, Acting Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 2/6/2019Page 3 of 3 powered by Legistar™ RESOLUTION NO. 19-xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DEDICATING THE SHARED ROADWAY "SHARROW LANE" IN THE NUMBER TWO LANE (OUTSIDE LANE) ON BOTH SIDES OF HERMOSA AVENUE FROM HERONDO AVENUE TO 24TH STREET AS THE “JULIAN KATZ BIKE WAY” WHEREAS, On July 28, 2009, the City Council approved the Bikeway Master Plan establishing recommended Bike Routes throughout the City; WHEREAS, On September 22, 2009, the City Council approved a pilot project for the installation of pavement markings and signage to establish a Shared Roadway "Sharrow Lane" in the number two lane (outside lane) on both sides of Hermosa Avenue from Herondo Avenue to 24th Street which were completed in January 2010; WHEREAS, On October 20, 2010, a public forum was conducted to receive public comment and make a recommendation to City Council regarding the sharrow bike lane project. Results from the pilot project demonstrated an improvement for both cyclist safety and for rider and driver awareness; WHEREAS, in 2019, over 13.8 miles of sharrows and 40 miles of bike lanes have been installed throughout the South Bay as part of the Bikeway Master Plan as a result of the Hermosa Avenue pilot demonstration project; WHEREAS, Julian Katz was a Hermosa Beach resident since 1989, Public Works Commissioner from November 2006 to October 2014, and was instrumental in creating the Bikeway Master Plan, and WHEREAS, Julian Katz was a founding member and President of the South Bay Bicycle Coalition, vice- president of the Beach Cities Cycling Club, past president of the Beach Cities Lawn Bowls Club; WHEREAS, Julian Katz Julian was an Advocate, Leader and a Hero, he did everything within his power to insure bicyclists of all ages, and all other road users’ safety. Most importantly Julian was highly respected for his passion and civil conversations, a true gentleman; NOW THEREFORE, BE IT RESOLVED that the Council of the City of Hermosa Beach dedicate the shared roadway "sharrow lane" in the number two lane (outside lane) on both sides of Hermosa Avenue from Herondo Avenue to 24th Street as the “Julian Katz Bike Route” as recognition to this amazing man and his tireless effort to add sharrows and bike routes throughout the South Bay, yet Hermosa Beach was his home and the city he was most passionate about. BE IT FURTHER RESOLVED that the Council of the City of Hermosa Beach continue the legacy of Julian Katz through further implementing the Bikeway Master Plan and projects and programs that improve bicyclists’ safety. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Hermosa Beach on this 12 day of February 2019. ___________________________ Stacey Armato Mayor ATTEST: __________________________ Elaine Doerfling City Clerk JULIAN KATZ BIKE ROUTE JULIAN KATZ BIKE ROUTE City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0081 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 DOWNTOWN LIGHTING IMPROVEMENTS UPDATE (Acting Public Works Director Lucho Rodriguez) Recommended Action: Staff recommends that the City Council: 1.Approve the implementation of security lighting recommendations in the Crime Prevention Through Environmental Design (CPTED) Lighting Assessment Report; and 2.Approve the “Vintage Hermosa” lighting style for Pier Plaza and the downtown; and 3.Select Pier Plaza string lighting layout configuration and catenary lighting. Executive Summary: In 2017, the City awarded a contract to Environ Architecture, Inc. (Environ) to conduct a condition assessment of lighting in the downtown area and to provide recommendations to increase safety and security, placemaking, and to decrease maintenance requirements. Staff requests City Council authorize the implementation of security lighting recommendations and approve the “Vintage Hermosa” lighting style for the Pier Plaza and the downtown. Staff also requests City Council preference for the string lighting layout configuration on Pier Plaza. Background: As part of the downtown strategic plan, staff identified the need for new lighting in the downtown area to increase safety and security, as well as to enhance the ambiance to stimulate economic growth. Public Works staff collaborated with the Police Department to refine the scope of work to prepare a compressive Request for Proposals (RFP) for the downtown lighting assessment and design. On August 22, 2017, the City awarded a contract to Environ Architecture, Inc. (Environ) to prepare a Crime Prevention Through Environmental Design (CPTED) Lighting Assessment Report for the downtown lighting and to provide design recommendations to fulfill the project goals which include enhancing security and safety while providing an inviting lighting scheme that is appealing and corrects the current deficiencies by illuminating dark alleys where people congregate, adding lighting to the parking lots, Pier Plaza, the Municipal Pier and The Strand, as well as installing string lighting across Hermosa Avenue. City of Hermosa Beach Printed on 2/8/2019Page 1 of 4 powered by Legistar™ Staff Report REPORT 19-0081 Discussion: Environ conducted site surveys on September 19, 2017 during the hours of 5:30 PM and 8:00 PM and September 28, 2017 during the hours of 1:45 AM and 2:30 AM and presented their observations in the Hermosa Beach Downtown: Lighting Site Conditions report dated October 12, 2017 ( Attachment 1). The goal of this report is to identify the locations within the downtown area with lighting deficiencies in order to determine how to provide public safety lighting and unite the various lighting designs and themes throughout the downtown area. On January 30, 2018, Environ presented the Lighting Design Concepts & Security Solutions recommendations to staff (Attachment 2). The following design considerations were addressed in the recommendations: •Security - new lighting will illuminate dark areas and create uniform lighting levels. •Placemaking - express unique identity of Hermosa Beach and distinguish it from neighboring beach cities. •Maintenance - a combination of long-lasting lamp sources like LEDs, and appropriately located fixtures to lower the long-term maintenance costs. High security concern areas were identified that should be prioritized as a first step of action, including: 13th Court Alleyway, 13th Street Alleyway, Beach Drive Alleyways, Parking Lot A, Parking Lot B, and the Pier Plaza. City Council’s Downtown Subcommittee, comprised of Mayor Armato and Councilmember Massey, along with City staff reviewed the recommendations to increase light levels and suggested that the Police Department initiate coordinating with building owners to install wall packs and to have all unused fixtures illuminated at night. Public Works Staff and the Police Department have been working with the property owners to obtain written authorization to install lighting on buildings as recommended by Environ. Environ presented lighting style options to address the placemaking lighting goals of: ·Creating a unique lighting design that expresses the character of Hermosa Beach in a cohesive experience that begins on Pier Avenue near Pacific Coast Highway and continues all the way to the Pier; ·Adding decorative lighting to signal the approach of Hermosa Beach Downtown and make it more pedestrian friendly and inviting; ·Providing consistent lighting standards and light levels to make the parking lots feel safe, secure and comfortable; and ·Providing individual solutions that complement the character of each area. The Downtown Subcommittee considered the Modern and Vintage Hermosa style options and expressed concern at the approximate $120,000 pole equipment cost of the European-manufactured City of Hermosa Beach Printed on 2/8/2019Page 2 of 4 powered by Legistar™ Staff Report REPORT 19-0081 Modern fixtures presented in Environ’s report. The Downtown Subcommittee preferred the approximate $60,000 cost for the Vintage Hermosa lighting approach, as shown in pages 22 through 27 of Attachment 2 that complements the current aesthetics of the downtown area. Environ recommended the installation of new light poles to address the lighting deficiencies for Parking Lot B. However, following input from the Downtown Subcommittee and considering potential future construction in that immediate area related to a hotel development, staff will upgrade the existing pole to include a fourth mast arm and light to the north and add new wall packs across 13th Street as shown in Attachment 3. City Public Works staff will install these fixtures. In addition to replacing the light poles on Pier Plaza, Environ recommended replacing the existing security lights mounted on the top of south Pier Plaza buildings with catenary lighting suspended from string lighting for the purposeful illumination of the center of the plaza while maintaining placemaking standards (Attachment 4). If the existing string lighting between palm trees is replaced, it could be reconfigured from the current crisscross configuration to linear, and ring lighting can be installed on the trunks of the palm trees with up and downlights to illuminate palm fronds and the trunk. Staff is requesting City Council direction regarding the Pier Plaza string lighting layout configuration and catenary lighting. Should City Council approve the security lighting recommendations, the “Vintage Hermosa” lighting style for Pier Plaza and the downtown, and select the Pier Plaza string lighting layout configuration, the next step would be staff preparing the plans and construction documents for the project. General Plan Consistency: The staff recommendations presented in this report are consistent with the following General Plan policies: 1.7 Aesthetic and urban form. Require infrastructure and infrastructure improvements that are aesthetically pleasing and consistent with the scenic character of the surrounding area. 6.2 Streetscaping. Proactively beautify existing streetscapes with street trees, landscaping and pedestrian-scaled lighting. 6.4 Street lighting for safety. Improve street lighting for public safety and prioritize areas near parks and schools for lighting improvements. 7.3 Provide street lighting. Provide pedestrian-oriented specific street lighting for enhanced pedestrian and bicycling safety on all minor and major arterial streets. Fiscal Impact: City of Hermosa Beach Printed on 2/8/2019Page 3 of 4 powered by Legistar™ Staff Report REPORT 19-0081 There is $71,922 budgeted in FY18-19 for CIP 16-675 for the replacement of the lamp posts on Pier Plaza. There is $673,000 budgeted in FY 18-19 CIP 12-609 Downtown Strategic Plan to fund the improvements for the downtown area. Security lighting fixtures have been purchased in the amount of $13,374 to enhance safety in the downtown area on Beach Drive, 13th Court and 13th Street as part of CIP 12-609 Downtown Strategic Plan Implementation. The purchase and installation of these lights is in line with Council’s approved Downtown Enhancement Plan and CPTED strategies. Attachments: 1. CPTED Lighting Assessment Report 2. Lighting Design Concepts Presentation 3. Parking Lot B Staff Alternative 4. Plaza String Lighting Options 5. Downtown Strategic Plan Implementation Budget Sheet Respectfully submitted by: Fabio M. Macias, E.I.T, Assistant Engineer Respectfully submitted by: Kristy Morris, Environmental Analyst Concur:Lucho Rodriguez, P.E. Acting Director of Public Works Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 2/8/2019Page 4 of 4 powered by Legistar™ Michael Niola Senior Project Manager, Team Leader Guidepost Solutions 533 West Fifth Street, Suite 2600 213.598.1205 | mniola@guidepostsolutions.com October 16, 2017 Hermosa Beach Downtown CPTED Concepts Security Assessment Report Presented To | Prepared By | Date | City of Hermosa Beach Downtown CPTED Concepts Page 1 Final Report – Security Assessment 10/16/2017 Executive Summary The site survey was conducted on September 19th during the hours of 17:30pm and 20:00 and September 28thduring the hours of 01:45 and 02:30. The area outlined in the site map in Attachment A was walked and observed. Existing conditions were document in areas where security concerns were discovered and recommendations for adjustments have been established. During our assessment, several areas of inadequate or nonuniform lighting have been discovered, which can create security risks or unsafe areas. The objective of this report is to establish recommendations to address the areas with identified security lighting issues in order to assist the lighting designer with the creation of a new lighting design implementing Crime Prevention Through Environmental Design principles for safety and security. Introduction & Methodology The City of Hermosa Beach has encountered security concerns in undesired behaviors of the patrons of their Downtown bars and restaurants upon leaving the establishments late at night. To address these concerns the local police department proactively patrols the downtown area. Naturally, there are typically not enough officers deployed to be in every single area during this time as this would not be an efficient use of resources. To augment the presence of officers the City has implemented flood lights along Pier Plaza, which are turned on strategically after hours. However, the City is still experiencing issues with unwanted and illega l behavior in areas of poor lighting. The City has contracted the Environ design team to fully evaluate and design a complete overhaul of the downtown lighting, utilizing Crime Prevention through Environmental Design concepts, to improve security in dark alleys, park ing lots, Pier Plaza, The Municipal Pier, The Strand, and other areas that allow the congregation of people. Crime Prevention through Environmental Design (CPTED) is a design perspective which leverages physical and environmental aspe cts to incorporate security measures. The four principles of CPTED include Natural Surveillance, Natural Access Control, Territorial Reinforcement, and Maintenance and Management. For this project, the focus is on security lighting and how it can enhance the se principles. Natural Surveillance would include ensuring that sight lines are open and environmental aspects such as lighting, trees and bushes aren’t obstructing but enhancing views in strategic areas that could otherwise encourage crime or vandalism. The intent of na tural surveillance is to increase the perception of observation, which can affect and alter the decision-making process regarding inappropriate and unauthorized behavior. For this endeavor, the City requires us to use our expertise to design a lighting pl an that will allow for not only better patrolling by the police department but an increased sense of natural surveillance, deterring potential unwanted behaviors after hours. Natural Access Control would be the thoughtful application of environmental designs used to “control” or “funnel” access to certain areas. Lighting can be strategically placed to psychologically encourage travel in a specific direction or discourage travel in other directions. Territorial Reinforcement as well as Maintenance and Management are related to invok ing a sense of pride and investment within the area so people feel the city is their own, which naturally encourages them to protect the space. This is known to be rela ted to reduction in opportunities for aberrant or criminal behavior such as vandalism and public urination. Uniform security lighting that is well thought out, aesthetically pleasing, and standard can serve to increase territorial reinforcement and invoke a feeling o f pride and ownership to those walking the streets of Hermosa Beach. The lighting element can highlight the fact that the city is cared for, well maintained, and managed with its people in mind. City of Hermosa Beach Downtown CPTED Concepts Page 2 Final Report – Security Assessment 10/16/2017 Image 1: Map of Downtown Hermosa Beach with security categories. A larger map is shown in Attachment A. As part of the effort to overhaul the existing lighting system, Guidepost has been contracted by Environ to assess the existing li ghting systems and provide recommendations for changes that will impact the security of the City. Guidepost has surveyed the site dur ing the day as well as night during peak hours. For purposes of this report, the Downtown Hermosa Beach areas surveyed are categorized into three categories from a security lighting perspective: A. Critical Areas: (Areas shown in blue in Image 1) Areas identified as high priority for security lighting which are lacking proper uniform lighting, natural surveillance, or any lighting at all. These areas require better lighting to be designed to deter unwanted behavior. B. Lower Priority Areas: (Areas shown in purple in Image 1) Areas identified as having lower security lighting issues that may contribute to th e overall problem of loitering and public urination after hours. These areas, if addressed, would contribute to the overall security enhancement of the downtown area only if the critical areas are also addressed. Critical areas should be addressed first. I f lower priority areas are addressed without the critical areas, the critical areas have the potential of becoming a larger problem as unwanted behavior is funneled from the lower priority areas and into the critical areas. C. Typical Residential Streets: (Areas shown in green in Image 1) Residential streets with no major security lighting concerns. The layout constitutes a street lined with residential properti es on both sides and city lighting poles. Security concerns have not been identified via our survey, nor have they been brought up by the City. Should concerns be brought up by the City, the only opportunity for increased lighting are by upgrading the existing lighting fixtures, as mounting to existing residential structures will not be possible. These areas are not further described in this report as they have not been identified as areas with security concerns by the City or via our assessment. City of Hermosa Beach Downtown CPTED Concepts Page 3 Final Report – Security Assessment 10/16/2017 Discoveries & Recommendations Critical Areas A. 13th Street & Lot B This is a high traffic area due to the location of Lot B and the Municipal Parking Structure. There is minimal lighting on this street, consisting of landscape lighting along the Municipal Parking Structure, spot lighting at the corner bike shop entrance, and spot lighting for the parking payment kiosks. Foot traffic observed is of those walking to Lot B, the municipal lot, and those just looking to exit the downtown area onto Hermosa Ave. and beyond. Lot B contains its own light pole with two fixtures. These fixtures are bright and create an imbalance and dark spot once on 13th Street. Recommendations: Adequate lighting shall be considered to create uniformity as one walks under Tower 12, through Lot B and onto 13th St. An existing light pole and fixture is on the corner of Beach Dr. and 13th St, which may be considered for an upgrade to a newer fixture. Additionally, lighting may be considered to be mounted on the Municipal Parking Lot to eliminate blind spots. City of Hermosa Beach Downtown CPTED Concepts Page 4 Final Report – Security Assessment 10/16/2017 B. Pier Plaza & Beach Drive Both entries from Pier Plaza onto Beach Drive are major areas that funnel individuals into dark alleys. Foot traffic observed are of individuals heading to Lot A, Lot B and the Municipal Lot. Since these entrances give a clear indication of dimly lit Beach Drive, they can become areas of access for individuals seeking to publicly urinate, vandalize, or conduct other unwanted activities. On the side of Waterman’s Safe House, on Beach Dr., there is an existing row of lights on only the second half of the building. This creates a light imbalance and a dark spot right off one of the critical entry areas. On the side of Playa Hermosa Restaurant, on Beach Dr., there is no light fixture until the light pole on 13th St. Recommendations: On the side of Waterman’s Safe House, we recommend extending the existing row of lights to reach pier plaza and eliminate the blind spot. On the side of Playa Hermosa Restaurant, we recommend considering the addition of lighting on the existing power pole on Beach Dr. or assessing the feasibility of adding additional fixtures to the buildings along Beach Dr. City of Hermosa Beach Downtown CPTED Concepts Page 5 Final Report – Security Assessment 10/16/2017 C. Under Tower 12 and Onto 13th Court Under Tower 12 – This area leads from Pier Plaza and onto Lot B, which creates a lot of foot traffic. This foot traffic attracts both those heading to their vehicles and those looking for an exit from the main area. The lack of uniformity of lighting from pier plaza, under Tower 12 and towards lot B creates a lack of perceived natural surveillance. A person heading to their vehicle, or simply following the crowd exiting in that direction, may not be traveling with the intent to engage in any unwanted behavior but may be persuaded by the feeling of not being adequately watched. As they flow from Pier Plaza, under Tower 12, and onto 13th Court, each area has different lighting and feels as if a new barrier was crossed, making you feel less visible as you pass each area. Pedestrians may feel as if they are getting further away from where they were once able to be watched, increasing the likelihood of unwanted behavior. 13th Court – This area lacks uniform lighting and is the main path towards Hermosa Ave, where individuals travel to exit. On this path, they encounter the corner behind Citibank that has been identified as a problem area. The only lighting in this area is what is overflowing from the street lights on Hermosa Ave. Furthermore, the lighting color and brightness from Lot B differs enough from the fixtures on 13th Court that it creates an imbalance. Recommendations: Adequate lighting shall be considered to create uniformity as one walks under Tower 12 and onto 13th Court towards Hermosa Ave. This lighting design should take into consideration the type of light being created from the fixtures in Lot B. Lighting should also be added to specifically to cover the corner behind Citibank and feel uniform in pattern from the lighting on 13th Ct. City of Hermosa Beach Downtown CPTED Concepts Page 6 Final Report – Security Assessment 10/16/2017 D. Corner of Manhattan Ave and Pier Ave This corner is a high traffic area. Many individuals loiter in front of Abigaile’s and there is little lighting in this area. Tenant lighting and city street lighting does not complement one another causing blind spots. No existing lighting fixture are close enough to the front of Abigaile’s to directly support the area. The City has also identified this as a problem area. Recommendations: From a security standpoint, the lighting needs to be augments to create a better sense of natura l surveillance. The existing faulty landscape fixtures may be replaced to be operational, however additional lighting will still be needed to bring clarity and uniformity. Design team to investigate street lighting upgrade possibilities. City of Hermosa Beach Downtown CPTED Concepts Page 7 Final Report – Security Assessment 10/16/2017 Lower Priority Areas A. 14th Court The area on 14th Court between Hermosa Ave. and Beach Dr. has no major security lighting. This area is only lit by down lights at the parking entrance and landscape lighting alone the side. This is a high traffic area given that it is the main road to the hotel and is easily accessible off Pier Plaza through a n also dimly lit pathway on Beach Dr. Recommendation: Though no major concerns have been brought up by the City for this area, this is a high traffic area in which we recommend the addition of better security lighting. There are two existing power poles down this street that can potentially be utilized to pole mount lighting fixtures. Any lighting added to this area should have a continuous flow with the lighting on the connecting streets and not cause high jumps or drops in luminance as you transition in our out of this road. City of Hermosa Beach Downtown CPTED Concepts Page 8 Final Report – Security Assessment 10/16/2017 B. Palm Drive and Lot D Palm Dr., behind Abigail and Lot D, seems like a prime area for foot traffic. This area has several existing light poles that were not working at the time of the survey. The working lights were dim and many blind spots were present. This street leads to the entrance of the bar, Underground, and could be expected to see a lot of activity. There is also ample residential parking on this street without any barriers which may invite property crimes. However, the City has not mentioned a concern with this area. Recommendations: Requirements should be verified with the city. If within budget, we recommend providing better lighting but this may be low priority depending on the City’s input. City of Hermosa Beach Downtown CPTED Concepts Page 9 Final Report – Security Assessment 10/16/2017 ATTACHMENT A Hermosa Beach LIGHTING DESIGN CONCEPTS & SECURITY SOLUTIONS 01/30/2018 ENVIRON GUIDEPOST ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 2 DESIGN CONSIDERATIONS SECURITY - PLACEMAKING - MAINTENANCE - New lighting will illuminate dark areas of downtown Hermosa Beach, creating uniform lighting and allowing light levels to be raised and lowered as required for security. Additionally, the creation of uniform lighting levels allows for proper operating conditions for video surveillance cameras to be added now or in the future. Express unique identity of Hermosa Beach and distinguish it from neighboring beach cities. A combination of long-lasting lamp sources like LEDs, and appropriately located fixtures means lowering the long-term maintenance costs. Low energy sources will be utilized throughout the site, which, together with a control system, will reduce energy use on an ongoing basis. The light sources will also be reduced to a few standard fixtures to ensure consistent color temperature and quality. ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 3 SECURITY LIGHTING GOALS Pier/ Pier Ave: Add lights to dark areas along Pier Avenue and provide a permanent security lighting solution at Pier Plaza. Hermosa Ave: Dim the existing pole tops to allow the placemaking lighting to have more effect earlier in the evening. Later in the night increase light levels to security lighting standard. Mixed Area: Brighten the dark areas of concern with a standard series light fixture with consistent color and quality to achieve proper security measures and lighting conditions. Parking Lots: Provide consistent lighting standards and light level to make the parking lots feel safe, secure and comfortable. 1 2 3 4 ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 4 SECURITY PRIORITY AREAS Immediate Action: High security concern areas that should be prioritized as first step of action. Secondary Action: Areas are in need of updated fixtures but current lighting solution provides sufficient light. Long Term: A lighting design that is aesthetically pleasing can highlight the fact thtat the city is cared for, well maintained and managed with it’s people in mind. the long term lighting goal is establish a sense of place unique to Hermosa Beach that helps the people felel that the city is thier own. 1 2 3 ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 5 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN Maintenance and management are related to invoking a sense of pride and investment within the area so people feel the city is their own, which naturally encourages them to protect the space. This is known to be related to the reduction in opportunities for aberrant or criminal behavior such as vandalism and public urination. A lighting design that is aesthetically pleasing can highlight the fact that the city is cared for, well maintained and managed with its people in mind. ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 6     PIER AVENUE Existing Lighting Layout Roadway Centerline: 0.07 fc Pole Height: 18' Very dark Keep current pole locations but update fixtures. New fixtures have a higher lumen output and are available in a variety of pole mounting options. New Lighting Layout Roadway Centerline: 0.5 fc Pole Height: 25' Increased even light levels EXISTING POLE LOCATIONS WITH NEW FIXTURE HEAD Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 7     CORNER OF PIER AND MANHATTAN New pole fixture can house multiple light sources, each light source can illuminate a 12' diameter circular area. This fixtures can be placed at crosswalks and pocket gardens to provide Hermosa visual identity and improve pedestrian lighting. NEW POLES We shall retain full intellectual property to designs and documentation created for this specific pr writing. Legal action will be taken in the event of any r our pr We shall retain full intellectual property to designs and documentation created for this specific pr writing. Legal action will be taken in the event of any r our pr Existing Lighting Layout Pocket Garden: 0.01-0.04 fc Pole Height: N/A Dark, with spots of light New Lighting Layout Pocket Garden: 2+ fc Pole Height: 10' Increased light levels Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 8 ALLEYWAYS 13TH CT     Pier Ave 13th ct 14th ct 13th st NEW FIXTURES MURAL SPECIFIC FIXTURE Fixture locations are approximations. Use pre-exsisting fixture where possible through coordination with owners. Where there are no pre-exsisting fixtures use Hermosa standard wall pack. Fixtures to illuminate mural and alleyway. ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 9     ALLEYWAYS 13TH ST NEW FIXTURES EXISTING UNUSED POLE FIXTURES Wall pack solution can be used here to increase light levels. There is also the opportunity to coordinate with building owner to have all unused fixtures illuminated at night. Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 10     ALLEYWAY BEACH DR. Existing Lighting Layout Max: 3 fc Avg: N/A Height: 8' Very dark Lighting calculations developed from AGI 32. Existing site lighting conditions taken from footcandle readings on site. New fixtures will be mounted with even spacing to ensure homogenous lighting. New Lighting Layout Max: 9.4 fc Avg: 5.06 fc Height: 15' Even lighting throughout NEW FIXTURES Use pre-exsisting fixture where possible through coordination with owners. Where there are no pre-exsisting fixtures use Hermosa standard wall pack. Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 11     ALLEYWAYS BEACH DR. Fixture locations are approximations. Use pre-exsisting fixture where possible through coordination with owners. Where there are no pre-exsisting fixtures use Hermosa standard wall pack. Fixtures to illuminate mural and alleyway. HERMOSA STANDARD WALL PACK Pier Ave 13th ct 14th ct 13th st MURAL SPECIFIC FIXTURE ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 12     ALLEYWAYS PALM DR. Fixture locations are approximations. Use pre-exsisting fixture where possible through coordination with owners. Where there are no pre-exsisting fixtures use Hermosa standard wall pack. NEW FIXTURES Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 13     THE STRAND Update existing pole fixtures to Hermosa standard to create a single cohesive Strand experience. This diagram is representive of the 12 pole fixtures that extend six North and six South of Pier Plaza. EXISTING POLE LOCATIONS Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 14 HERMOSA PIER Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Underlit pier during early evening hours/ photo hours. DLC Bollard option.14-B 14-A 14-A 14-C 14-A 14-B 14-C Bega Bollard option. ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 15     PARKING A Existing Lighting Layout Max: 15 fc Avg: N/A Pole Height: 32' Spots of light Lighting calculations developed from AGI 32. Existing site lighting conditions taken from footcandle readings on site. In addition to the new poles, the existing pole layout will be kept but fixture heads should updated. New Lighting Layout Max: 10.7 fc Avg: 5.25 fc Pole Height: 20' Even lighting throughout NEW POLES EXISTING POLE LOCATIONS WITH NEW FIXTURE HEAD Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 16     PARKING B Existing Lighting Layout Max: 3 fc Avg: N/A Pole Height: 32' Spots of light New Lighting Layout Max: 7.7 fc Avg: 2.29 fc Pole Height: 15' Even lighting throughout NEW POLES EXISTING POLE LOCATIONS WITH NEW FIXTURE HEAD Lighting calculations developed from AGI 32. Existing site lighting conditions taken from footcandle readings on site. In addition to the new poles, the existing pole layout will be kept but fixture heads should updated. Ne Lighti Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 17 Pier/ Pier Ave: Create a unique lighting design that expresses the character of Hermosa Beach in a cohesive experience that begins on Pier Avenue near PCH and continues all the way to the Pier. Hermosa Ave: Add decorative lighting to signal the approach of Hermosa Beach Downtown and make it more pedestrian friendly and inviting. Mixed Area: Provide individual solutions that compliment the character of each area. Parking Lots: Provide consistent lighting standards and light levels to make the parking lots feel safe, secure and comfortable. 1 2 3 4 PLACEMAKING LIGHTING GOALS ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 18 NEIGHBORING PIER LIGHTING ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 19 NEIGHBORING IONIC SIGNAGE ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 20 NEIGHBORING STRING LIGHT INSTALLATIONS ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 21 VINTAGE HERMOSA BEACH IDENTITY ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 22 OPTION 1: VINTAGE HERMOSA ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 23 VINTAGE HERMOSA PLAZA LIGHTING Acorn fixtures provide decorative lighting for pedestrians and soft light to dining terraces. Metal ring with up and downlights will illuminate palm fronds and trunk. String lights attached to the metal ring are same as the existing string lights. 23-A 23-A 23-B 23-B 23-C 23-C 23-A 23-B 23-C ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 24 VINTAGE HERMOSA PLAZA SECURITY 24-A 24-B.3 24-B.1 24-A 24-B String lights will provide low level ambient lighting. Dimmable catenary fixture will provide additional lighting for security and surveillance. Multiple options available for fixture shape and size. 24-B 24-A 24-B.2 ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 25 VINTAGE HERMOSA ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 26 Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű Ű VINTAGE HERMOSA PIER LIGHTING Bollard option 1 - Hubbell Kick Bollard Bollard option 2 - Bega 99 55826-B 26-A 26-C 26-B26-A Acorn lights for temporary event lighting.26-C ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 27 MODERN HERMOSA BEACH IDENTITY ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 28 OPTION 2: MODERN HERMOSA ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 29 OPTION 2: MODERN HERMOSA ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 30 OPTION 2: MODERN HERMOSA ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 31 OPTION 2: MODERN HERMOSA ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 32 MODERN HERMOSA CUSTOM POLE 12' 12' 20' 24' 30' Adjustable recessed spotlights to uplight palms Connection for string/ catenary lights to hang Security lighting Glow to illuminate water cut pattern Glow to illuminate water cut pattern Adjustable recessed spotlights ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 33 MODERN HERMOSA CUSTOM POLE 12' 12' 20' 24' 30' Adjustable recessed spotlights to uplight palms Connection for string/ catenary lights to hang Security lighting Glow to illuminate water cut pattern Glow to illuminate water cut pattern Adjustable recessed spotlights ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 34 MODERN HERMOSA CUSTOM POLE 12' 12' 20' 24' 30' Adjustable recessed spotlights to uplight palms Connection for string/ catenary lights to hang Security lighting Glow to illuminate water cut pattern Glow to illuminate water cut pattern Adjustable recessed spotlights ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 35 MODERN HERMOSA CUSTOM POLE 12' 12' 20' 24' 30' Adjustable recessed spotlights to uplight palms Connection for string/ catenary lights to hang Security lighting Glow to illuminate water cut pattern Glow to illuminate water cut pattern Adjustable recessed spotlights ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 36 MODERN HERMOSA CUSTOM POLE 1 to 6m Pier Plaza, Hermosa Beach Mikado GM 1 to 6m Pier Plaza, Hermosa Beach Mikado GM 1 to 6m Pier Plaza, Hermosa Beach Treille 1 to 6m Pier Plaza, Hermosa Beach Treille ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 37 MODERN HERMOSA CUSTOM POLE ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 38 MODERN HERMOSA STRING LIGHTS AND GOBOS Color-changing programmable string lights will hang at varying heights which will give the visitors a sense of walking under a wave. Catenary gobo projector will continue ocean theme and project a wave pattern on the ground giving visitors a full sense of immersion. 38-B 38-A 38-A 38-B 38-B 38-A 38-B ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 39 2m 3m20 1.0 fc 50 fc 100 fc MODERN HERMOSA SECURITY LIGHTING Existing Lighting Layout Max: 100 fc Avg: N/A Pole Height: 32' Intense spot, dark surrounding New Lighting Layout Max: 5.8 fc Avg: 3.8 fc Pole Height: 30' Even lighting throughout space Note: Light levels could be increased by the addition of Current lighting solution provides bright spots of light that illuminate small areas and create glare for surveillance team. New lighting solution will provide even and glareless lighting that can be raise and lowered as needed. Previous Lighting Solution ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 40     CORNER OF PIER AND MANHATTAN New pole fixture, unique to HB, can act as an placemaker while also illuminating crosswalks. NEW POLES We shall retain full intellectual property to designs and documentation created for this specific project ; this data shall not be disclosed nor used without our express consent in writing. Legal action will be taken in the event of any reproduction or other violation of our property rights. We shall retain full intellectual property to designs and documentation created for this specific project ; this data shall not be disclosed nor used without our express consent in writing. Legal action will be taken in the event of any reproduction or other violation of our property rights. Pier Plaza, Hermosa Beach Treille Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 41     HERMOSA AVENUE New poles will be added to allow for string lights to hang across the street to signal start of downtown area. The existing pole fixtures will be dimmed during the early hours of the evening to allow for the string lights to carry a stronger presence. Diagramed above is a portion of the design, this layout will continue a couple blocks up and down from the Pier Avenue intersection. NEW POLES EXISTING POLE LOCATIONS Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 42 SURFER PLAZA EXISTING POLE LOCATIONS WITH NEW FIXTURE HEAD Add spotlight to existing pole to highlight surfer statue. Add gobo projectors to existing pole to project pattern on plaza ground. 42-B 42-A 42-A 42-B 42-B 42-B 42-A 42-B ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 43 ALLEYWAY MURALS     Many of the Hermosa murals are coincidentally located in areas marked with high security concerns. Illuminating these murals will highlight the art while also increasing the light levels in the alleyways of concern. The typical alleyway lighting solution should be used in addition to a mural specific fixture. These murals have been selected to be illuminated based on their proximity to the direct downtown and distance from residential areas. Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 44 ART ALLEY     Art alley created behind plaza restaurants and bars. This is another opportunity to attract visitors. The art alley could be shadow art, murals, lighting or a combination of the three. Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 45 NEON WALL     Neon signs added to the preexisting neon signs will create an attraction point while still illuminating parking area. This can become a “selfie” zone for Hermosa Beach visitors. Pier Ave 13th ct 14th ct 13th st ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 46 ALTERNATE OPTIONS ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 47 HERMOSA ALTERNATIVE ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 48 THANK YOU HERMOSA! Do Not IncludeInstall new wall packInstall new wall packInstall new wall packAdd new fixture northboundWall Pack:Public Work Staff ModificationsInstall new wall pack ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 22 OPTION 1: VINTAGE HERMOSA ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 23 VINTAGE HERMOSA PLAZA LIGHTING Acorn fixtures provide decorative lighting for pedestrians and soft light to dining terraces. Metal ring with up and downlights will illuminate palm fronds and trunk. String lights attached to the metal ring are same as the existing string lights. 23-A 23-A 23-B 23-B 23-C 23-C 23-A 23-B 23-C ENVIRON with OCULUS LIGHT STUDIO & GUIDEPOST SECURITY & TECHNOLOGY CONSULTING Project: Hermosa Beach Pier & Downtown Area, Hermosa Beach, CA 90254 | ENVIRON 2017-53 24 VINTAGE HERMOSA PLAZA SECURITY 24-A 24-B.3 24-B.1 24-A 24-B String lights will provide low level ambient lighting. Dimmable catenary fixture will provide additional lighting for security and surveillance. Multiple options available for fixture shape and size. 24-B 24-A 24-B.2 CITY OF HERMOSA BEACH CAPITAL IMPROVEMENT PROJECT REQUEST FISCAL YEAR 2018-19 DEPARTMENT: PUBLIC WORKS PRIORITY NO.: ACCOUNT NO.: & COMMUNITY DEVELOPMENT 001-8609-4201 CATEGORY: Public Building and Ground Improvements 301-8609-4201 PROJECT NO./TITLE: CIP 12-609 Downtown Strategic Plan Implementation PROJECT DESCRIPTION: The purpose of this project is to develop a strategic plan for the Downtown and Plaza areas to assess the lighting elements, mitigate safety concerns and develop those improvements for the City’s downtown area. The Downtown Core Revitalization Strategy (Roma Design Group, 2014) provided a conceptual plan. Concepts from this strategy will be reviewed for potential application into future phases as they develop. This project is to be programmed/budgeted as follows: Assessment of lighting needs and improvements in the Downtown area and includes Parking Lots A, B, Pier Plaza and Beach Drive (between 11th and 13th Streets). • Lot A – estimated costs of $45,300 • Lot B – estimated costs of $15,000 • Pier Plaza- estimated costs of $49,000 • Beach Drive (alleyways) – estimated costs of $65,000 • Estimated project total costs are $60,000 and include the above material costs, contingency, design and construction. Potential Future Phase(s) • Downtown parking solutions; parking needs assessment & financial options. Assessment recommendations would utilize General Plan Update in regards to parking studies & appraisals • Conceptual parking improvements/layout and preliminary engineering could follow. JUSTIFICATION: This project’s intent will address safety concerns through improved lighting levels. STATUS: Lighting assessment complete FY17-18. Lighting/fixture recommendations to be reviewed FY17-18 & FY18-19. Initiate design for lighting improvements. MAINTENANCE: Additional lighting will increase electricity costs, estimated at $1,042 annually. COST TO COMPLETE PROJECT REMAINING PRIOR YEAR FUNDS Lighting assessment/needs $73,000 001 General Fund $113,945 Lighting upgrades $200,000 Design $160,000 Construction $200,000 CURRENT REQUEST Contingency $40,000 301 Capital Improvement Fund $559,055 PROJECT TOTAL: $673,000 TOTAL FY 18-19 CIP FUNDING: $673,000 332 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Monday, February 11, 2019 4:35 PM To: Ann Yang <anny@hermosabch.org> Subject: New eComment for City Council Special Meeting (Closed Session - 5:30 P.M. and Open Session - 7:00 P.M.) New eComment for City Council Special Meeting (Closed Session - 5:30 P.M. and Open Session - 7:00 P.M.) Claudia Berman submitted a new eComment. Meeting: City Council Special Meeting (Closed Session - 5:30 P.M. and Open Session - 7:00 P.M.) Item: 6c) REPORT 19-0081 DOWNTOWN LIGHTING IMPROVEMENTS UPDATE (Acting Public Works Director Lucho Rodriguez) eComment: Please approve the staff recommendations. I think the vintage style would fit in well with the existing look, and I do like that it costs less. When I saw the catenary lighting design it remined me of the man who went missing, Mike VanZandt. I had watched his episode on the TV show, "Disappeared". The show talked about how Mike's phone battery looked empty, and that he and friends were trying to find each other on the plaza. Police footage showed that Mike and friends had just missed each other on the plaza. It makes me wonder… If we had the catenary lighting, perhaps they would have seen each other. View and Analyze eComments 02/12/19 AGENDA, ITEM 6c - DOWNTOWN LIGHTING IMPROVEMENTS UPDATE SUPPLEMENTAL RENDERINGS SUBMITTED BY THE CITY MANAGER'S OFFICE ON 2/11/19 AT 5:20 P.M. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0085 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 AWARD OF CONSTRUCTION CONTRACT TO SHARIDEN DESIGN ASPHALT INC. TO INSTALL CROSSWALK TREATMENTS ON HERMOSA AVENUE BETWEEN 10TH AND 14TH STREETS AS PART OF CAPITAL IMPROVEMENT PROJECT (CIP) 16-174 STREET IMPROVEMENTS (Acting Public Works Director Lucho Rodriguez and Environmental Analyst Leeanne Singleton) Recommended Action: Staff recommends that the City Council provide direction to staff to either: 1.Affirm previous Council Direction on the design, pattern, and colors of the crosswalks in Downtown and Hermosa Avenue by: a.Authorizing the award of a construction contract to Shariden Design Asphalt Inc. in the amount of $284,562 to install crosswalk treatments on Hermosa Avenue between 10th and 14th Streets as part of Capital Improvement Project 16-174, and b.Authorizing the Acting Public Works Director to set aside up to a 10% contingency of $28,456 to approve change orders that may occur due unforeseeable project conditions; or 2.Direct staff to implement an alternative design/installation for the crosswalks at five downtown intersections on Hermosa Avenue between 10th and 14th Streets, which would consist of: a.Rejecting the current bids to install Duratherm/Decomark crosswalk treatments on Hermosa Avenue between 10th and 14th Streets as part of Capital Improvement Project 16-174, and b.Preparing new construction documents, issuing a new request for bids, and returning to Council with a new recommendation for award of a construction contract. The alternative implementation methods and estimated costs (based on similar or past projects) are described in further detail in the Discussion section of this report. Executive Summary: In November 2018,Council approved the deletion of downtown crosswalk treatment installation from the contract with All American Asphalt for the Hermosa Avenue Pavement Project and to re-issue these items as a separate bid,creating a competitive bid environment that would reduce installation costs from the quote provided by All American Asphalt of approximately $360,300.On December 20, City of Hermosa Beach Printed on 2/8/2019Page 1 of 7 powered by Legistar™ Staff Report REPORT 19-0085 costs from the quote provided by All American Asphalt of approximately $360,300.On December 20, 2018 Public Works Staff issued a notice inviting bids (Attachment 1)for the installation of Duratherm and Decomark crosswalk and by the bid closing date of January 16,2019,three bids were received. Bidders were required to provide costs for both daytime and nighttime installation and the bids submitted ranged in cost from a low of $284,562 to a high cost of $409,900,both for daytime installation work. After reviewing the bids,staff further evaluated alternative implementation methods and have identified two sets of options for Council consideration.The first option is consistent with previous Council direction and would include the City Council awarding a construction contract to the lowest responsible bidder,Shariden Design Asphalt Inc.in the amount of $284,562 and authorizing the Acting Public Works Director to set aside a 10%contingency ($28,456)to approve change orders that may occur due to unforeseeable project conditions.The second set of options presented is a series of alternative implementation methods and estimated costs,based on similar or past projects that Council may provide direction to staff to pursue further.Selection of one of these alternative implementation methods would require Council action to reject the current bids received to install Duratherm/Decomark crosswalk treatments on Hermosa Avenue between 10th and 14th Streets as part of Capital Improvement Project 16-174,and direct staff to prepare new construction documents, issue a new request for bids,and return to Council with a new recommendation for award of a construction contract. Background: The discussion of enhancing crosswalks and improving pedestrian visibility/safety along Hermosa Avenue through downtown started with a February 2018 City Council discussion of the all-way walk/diagonal crossing at Pier and Hermosa Avenue.Staff recommendation and Council direction at that time was to: ·retain the all-way walk/diagonal crossing at the Pier and Hermosa Avenue intersection,add a creative/artistic design to the intersection pavement that also marks the all-way walk/diagonal crossing, and apply a similar design to other downtown intersections; ·install loop detectors for the left turn lane from Pier to Hermosa Avenue allowing the signal to be skipped when no vehicles are present; and ·add signage to better articulate the all-way walk or diagonal crossing okay. This suite of enhancements was incorporated into the Hermosa Avenue pavement project as measures to warn drivers to proceed with caution as they move through downtown and to reduce instances of pedestrians crossing out of turn by reducing pedestrian wait times and providing clear signage.Staff recommended the use of thermoplastic materials (Decomark and Duratherm)due to the durability of this material with an estimated life of 10 or more years,when compared to standard paint materials which would need to be repainted approximately every three years. City of Hermosa Beach Printed on 2/8/2019Page 2 of 7 powered by Legistar™ Staff Report REPORT 19-0085 On May 22,2018,staff recommended that Council select standard patterns and colors for the Duratherm crosswalks from options presented at the meeting.Council opted to continue this item to a later date in order to receive additional designs for consideration.At the same meeting,Council awarded the construction agreement to All American Asphalt for the construction of CIP 16-174 - Street Improvements for Hermosa Avenue. At the June 12,2018 Council meeting,Council selected the “Winds of Change”design option for the Hermosa and Pier Avenue intersection,which incorporates a modified version of the current Hb logo across the entire intersection in the Ashlar pattern in a sand and yellow color palette.The decorative crosswalks at 10th,11th,Pier,13th,and 14th would also have the same pattern to create a cohesive design along Hermosa Avenue through downtown. In November 2018,Council approved staff recommendation to delete the crosswalk treatment bid items from the contract with All American Asphalt for the Hermosa Avenue Pavement Project and to re-issue these items as a separate bid item for supply and installation.The recommendation came after changes to the design were approved by Council in June 2018 and staff subsequently received a quote of approximately $360,300 from the current contractor to implement the preferred design, under a non-competitive bid scenario,that was significantly higher than originally anticipated.Since the work was to be performed by a sub-contractor,staff sought Council approval to delete the downtown crosswalk treatment installation from the contract with All American Asphalt for the Hermosa Avenue Pavement Project and re-issue these items as a separate bid item,creating a competitive bid environment intended to reduce installation costs. Discussion: On December 20,2018,Public Works staff issued a notice inviting bids (Attachment 1)for the installation of Duratherm and Decomark crosswalks and by the bid closing date of January 16,2019, three bids were received from Asphalt Impressions,Cal Stripe Inc,and Shariden Design Asphalt Inc. The bid opening log sheet is provided as Attachment 3.Bidders were required to provide costs for both daytime and nighttime installation and the bids submitted ranged in cost from a low of $284,562 to a high cost of $409,900, both for daytime installation work, as shown in Table 1. Table 1. Bids Received Bidder Bid Amount Day Work Bid Amount Night Work Sha riden Design Asphalt Inc. $284,562.00 $297,325.00 Asphalt Impressions $336,538.00 $341,290.00 Cal Stripe Inc. $409,900.00 $404,900.00 Staff reviewed the low bid and found Shariden Design Asphalt Inc.to be a responsible and City of Hermosa Beach Printed on 2/8/2019Page 3 of 7 powered by Legistar™ Staff Report REPORT 19-0085 Staff reviewed the low bid and found Shariden Design Asphalt Inc.to be a responsible and responsive bidder.Furthermore,staff confirmed that the low bidder contractor’s license is active and in good standing with the Contractor’s State License Board,and the references provided by the lowest bidder confirmed that Shariden Design Asphalt Inc.successfully completed and demonstrated competency through projects similar in magnitude and character over the last three (3) years. Recommended Bid Construction Details: The bid specifications identify a twelve (12)day construction period,and construction could occur shortly after paving of Hermosa Avenue is complete,slated for the end of February.If the construction contract is approved on February 12,this work would likely occur in mid-March as the materials require about a four-week lead time from the date in which they are ordered.Based on the submitted costs, staff recommends work to take place during the daytime. Alternative Implementation Methods: Council may alternatively direct staff to implement an alternative design/installation for the crosswalks at five downtown intersections on Hermosa Avenue,which would consist of preparing new construction documents,issuing a new request for bids,and returning to Council with a recommendation for award of a construction contract.These alternatives are presented in order of lowest to highest expected cost,with a note that until formal bids are issued,and quotes are received,all costs presented below are estimated based on past similar projects.The alternative implementation methods and estimated costs are provided below: ·Alternative 1: Continental Crosswalks in Thermoplastic Material - “Continental”style crosswalks,found in other locations throughout the City could be implemented at these downtown intersections in a standard white color using thermoplastic material.Based on the average bid amounts provided for the 2017 Hermosa Avenue ADA Curb Ramp project involving the same material,bids would be estimated to return with a cost in the range of $55,000,not including the cost of any temporary striping that would need to be installed for these crosswalks as staff awaits the results of a new bid process.Pursuit of this option would also require additional staff/consultant time to prepare new bid documents, release the bid specifications,and review and recommend submitted bids.While the current contract with All-American Asphalt includes this type of work at other intersections outside of downtown,the striping work was included as a lump sum line item and adding additional crosswalks may be quoted at a much higher price than average installation costs.While this installation could be completed at a lower cost than the Duratherm/Decomark product in a City of Hermosa Beach Printed on 2/8/2019Page 4 of 7 powered by Legistar™ Staff Report REPORT 19-0085 installation could be completed at a lower cost than the Duratherm/Decomark product in a sunburst design and provide similar durability with an expected lifespan of 10 years,it would not add the unique streetscape and placemaking amenity along Hermosa Avenue that is desired by Council. ·Alternative 2:Painted Decorative/Designed Crosswalks -The use of paint,rather than thermoplastic,to replicate the Council-preferred design could be implemented at these five intersections.This alternative would still require the use of thermoplastic borders for each crosswalk segment (approximately $20,000),the cost of custom design stencils (estimated cost of $15,000 to $20,000),and the labor/materials to paint ($40,000).Additionally,since the paint has a lower durability than thermoplastic,staff estimates that the re-painting would need to re-occur approximately every three years,resulting in additional staff maintenance,more frequent inconvenience to businesses and the community,and costs that would ultimately reach or exceed the bid received to install the Duratherm and Decomark products.A potential benefit of this alternative is that it provides the City flexibility of branding and design style, should the City wish to revise or update streetscape and placemaking designs within a shorter period. ·Alternative 3: Duratherm Patterned Crosswalks without Sunburst Design - Duratherm materials in the same colors and pattern,as approved by Council could be installed,with the sunburst design removed and replaced with a more traditional ‘X’crosswalk at the Pier and Hermosa Avenue intersection.This design,similar to the original design included in the contract awarded to All-American Asphalt,would be estimated to return with bids in the range of $200,000,not including the cost of any temporary striping that would need to be installed for these crosswalks as staff awaits the results of a new bid process.Pursuit of this option would also require additional staff/consultant time to prepare new bid documents, release the bid specifications,and review and recommend submitted bids.While this installation could be completed at a lower cost than the Duratherm/Decomark product in a City of Hermosa Beach Printed on 2/8/2019Page 5 of 7 powered by Legistar™ Staff Report REPORT 19-0085 installation could be completed at a lower cost than the Duratherm/Decomark product in a sunburst design,and provide similar durability with an expected life of ten years,similar versions of this design were previously presented to City Council and were not selected for implementation. ·Alternative 4:Glue-On Application -Shariden Design Asphalt Inc.also previously provided an alternate option for the Duratherm/Decomark for an approximate cost of $208,030,not including the estimated prime contractor 15%markup for providing traffic control,which is approximately $31,200 for a total approximate cost of $239,000.This option includes a solid color for the sun rays that are a glue-on application at the intersection of Hermosa Avenue and Pier Avenue.Since this option lacks the Council-selected pattern,staff is not familiar with the method or durability of installation,and unsure that it would achieve the final product as originally presented. Staff does not recommend pursuit of this option at this time. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.PLAN Hermosa was divided into seven elements,each with multiple goals.The implementation of unique crosswalks along Hermosa Avenue through Downtown Hermosa Beach would help accomplish several goals of the Land Use + Design and Mobility Elements. Land Use and Design Element: Downtown District Character Strategy -The “pedestrian scramble”at the intersection of Hermosa Avenue and Pier Avenue is a unique pedestrian amenity that reinforces the pedestrian-oriented nature of Downtown.The pedestrian orientation of Downtown streetscapes should be improved through provision of:Special paving or signage at the Pier Ave/Hermosa Avenue intersection.Traffic speeds along Hermosa Avenue should be managed through traffic calming,signalization,and streetscape enhancements. . 4.9 Streetscape Enhancements.Facilitate streetscape improvements,add pedestrian amenities that attract new uses, and revitalize the corridors. 5.4 Unique Brand and Identity.Promote city-wide identity with the addition of gateway signs, monuments,or other features to key entrances (especially to the east and north)that display the City’s name and identifies the area as a distinct place. Mobility Element: 2.1 Prioritize Public Right-of-ways.Prioritize improvements of public right-of-ways that provide heightened levels of safe,comfortable and attractive public spaces for all non-motorized travelers while balancing the needs of efficient vehicular circulation. Fiscal Impact: At the time Council awarded a construction contract to All-American Asphalt in May 2018,the overall Capital Improvement Project had a project budget of $2,999,325.46 from restricted funding sources City of Hermosa Beach Printed on 2/8/2019Page 6 of 7 powered by Legistar™ Staff Report REPORT 19-0085 Capital Improvement Project had a project budget of $2,999,325.46 from restricted funding sources including:Prop A,Prop C,State Gas Tax,Measure R,and Measure M funds.These funding sources are time-,location-,and use-restricted to certain eligible projects,with much of the funding expiring at the end of the 2018/19 Fiscal Year. Staff proposes to use Measure R funds to cover this element of the overall project as bikeway and pedestrian improvements are identified as an eligible project under the Measure R Local Return Guidelines.The total cost for the Duratherm/Decomark installation is $284,562.00.Currently,there are sufficient funds in the overall Capital Improvement Project budget for the Hermosa Avenue Resurfacing Project to cover this cost,both from the original deletion of the Duratherm line item in the amount of $175,727.50 and $108,834.50 from the project’s contingency of $324,130. The 10%contingency in the amount of $28,456 requested to be set aside for this item is also available from the remaining contingency of $215,295.50 for the Hermosa Avenue Resurfacing project. Attachments: 1. Notice Inviting Bids - Duratherm and Decomark for Downtown Crosswalks 2. Bid Opening Log Sheet - January 16, 2019. 3. Low Bidder’s Bid Documents 4. Construction Draft Agreement 5. Council Approved Design for Duratherm Crosswalks Respectfully Submitted by: Leeanne Singleton, Environmental Analyst Concur: Lucho Rodriguez, Acting Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 2/8/2019Page 7 of 7 powered by Legistar™ City of Hermosa Beach NOTICE INVITING BIDS Notice is hereby given that the City of Hermosa Beach will receive sealed bids at the Office of the City Clerk, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254, until 3:00 P.M. on Wednesday, January 16, 2019, for DURATHERM – DECOMARK (Pier Avenue /Hermosa Avenue intersection and Downtown Crosswalks) The Engineer’s estimate is $246,000. The duration of the project is 10 Working days. All bids must be submitted in writing, on standard forms found in the Project’s Contract Documents and Specifications book which can be obtained from the City’s website as directed below. All bids must be sealed and must be plainly marked in the lower left-hand corner: DURATHERM - DECOMARK (Pier Avenue /Hermosa Avenue intersection and Downtown Crosswalks) Each proposal must be accompanied by a cash deposit, a certified or cashier's check, or a bidder's bond, made payable to the City of Hermosa Beach, in an amount not less than 10 percent of the total bid submitted. The successful bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the contract price, and a payment bond in the amount of 100 percent of the contract price, both in a form satisfactory to the City Attorney. The successful bidder will also be required to pay the State of California prevailing wage scale as determined by the Department of Industrial Relations, available at: http://www.dir.ca.gov/dlse/dlsePublicWorks.html The Contractor must be registered with the Department of Industrial Relations at the time of bid. Contractor’s registration available at: https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm The contractor shall possess an “A” contractor’s license at the time of bidding. Contractor shall also have the appropriate certification for the product they are using for the Traffic Scape. The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsible bidder. Plans and Specifications will be available for review at City Hall. Plans and Specifications must be downloaded from the City’s website (http://www.hermosabch.org/) under the “CITY DEPARTMENTS” tab, “City Clerk” subtab, “Bids and Proposals”. All questions regarding this bid must be submitted in writing on or before 4:00 PM on Wednesday January 9, 2019 to Lucho Rodriguez at lrodriguez@hermosabch.org. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 1 of 8 This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between Shariden Design Asphalt, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A. Pursuant to the Notice Inviting Sealed Bids for CIP Project No. 16-174 Duratherm – Decomark (Pier Ave / Hermosa Ave intersection and Downtown crosswalks), bids were received, publicly opened, and declared on the date specified in the notice; and B. On January 16, 2019, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the CIP Project No. 16-174 Duratherm – Decomark (Pier Ave / Hermosa Ave intersection and Downtown crosswalks), in the City of Hermosa Beach. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP Project No. 16-174 Install crosswalk treatments on Hermosa Ave between 10th and 14th streets in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated November, 2018, (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, Exhibit A and Exhibit B, and all referenced specifications, details, standard drawings, and appendices; together with this 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. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 2 of 8 losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof 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. 4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 12 calendar days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5. PREVAILING WAGES. A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 3 of 8 iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 8. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 4 of 8 materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 5 of 8 It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California . This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract. 11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions. 12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 6 of 8 manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 17. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that an y other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 17. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 18. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 7 of 8 provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices 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. CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: ________________________ Project Supervisor CONTRACTOR: __________________________________________ __________________________________________ Attention: __________________________________ 19 DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents. 20 NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 21 NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 22 TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 23 ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 24 GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 8 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California CONTRACTOR'S License No. __ CONTRACTOR _________________ By: ____________________________________________ Date TITLE CITY OF HERMOSA BEACH, CALIFORNIA _________________ By: ____________________________________________ Date MAYOR ATTEST: By: ____________________________________________ Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM: _______________________________________________________________ CITY ATTORNEY __________________ Date City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0066 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 APPROVE CONTRACT WITH UNITED STORM WATER INC TO PURCHASE AND INSTALL STORM DRAIN CATCH BASIN SCREEN DEVICES ON CITY AND COUNTY-OWNED STORM DRAINS (Environmental Analyst Kristy Morris and Acting Public Works Director Lucho Rodriguez) Recommended Action: Staff recommends that the City Council: 1.Find, based on the information contained in this report, competitive bidding would not produce any advantage and waive the competitive bidding requirement otherwise required; 2.Authorize the Acting Director of Public Works to execute a contract with United Storm Water for installation of connector pipe screens (CPS) on 123 catch basins for an amount not to exceed $58,855.50 in Phase 1, and additional CPS on 161 catch basins in Phase 2 if necessary for a not to exceed amount of $77,038.50; 3.Approve the transfer of $44,289 from CIP-417 in the Storm Drain Fund to the Capital Improvement Fund for Phase 2; and 4. Authorize the Acting Director of Public Works to approve changes within the approved budget amount. Executive Summary: To comply with the interim and final deadlines outlined in the Santa Monica Bay Nearshore and Offshore Debris Total Maximum Daily Load (SMB Debris TMDL), the City of Hermosa Beach will need to install certified full trash capture devices in City and County-owned catch basins by March 2019 and March 2020, respectively. Specifically, the City will need to install CPS on 123 catch basins by March 2019 and address the remaining 161 catch basins by installing CPS or other certified full capture devices by March 2020. In October 2018, the City of Rancho Palos Verdes, with its partnering cities of Palos Verdes Estates and Rolling Hills Estates awarded a contract to United Storm Water to install CPS in catch basins throughout their cities. United Storm Water was selected through a competitive bidding process and has extended the same pricing to the cities of Hermosa Beach and Redondo Beach. Staff requests City of Hermosa Beach Printed on 2/8/2019Page 1 of 7 powered by Legistar™ Staff Report REPORT 19-0066 that City Council waive the competitive bidding requirement and authorize the Acting Director of Public Works to execute a contract with United Storm Water for installation of 284 CPS with optional cleaning and 10% contingency for an amount not to exceed $58,855.50 in Phase 1, and not to exceed $77,038.50 in Phase 2. Background: The City of Hermosa Beach (City) lies wholly within the Santa Monica Bay Watershed and is subject to the Santa Monica Bay Nearshore and Offshore Debris Total Maximum Daily Load (SMB Debris TMDL). As outlined in the City’s approved Trash Monitoring and Reporting Plan (TMRP), the initial implementation strategy to meet the interim and final compliance milestones in the SMB Debris TMDL was through the installation of certified full capture catch basin inserts along a phased schedule. The Regional Board approved the City’s TMRP and directed the City to begin implementation of the TMRP in its Review of the Beach Cities Letter dated May 22, 2015 (Attachment 1). The City began this phased implementation in 2012 by retrofitting 28 catch basins with certified full capture connector pipe screens (CPS) and automatic retractable screens (ARS) tributary to the Hermosa Strand Infiltration Trench project located within the high-priority commercial area of the City. Additionally, prior to the adoption of the SMB Debris TMDL, 21 catch basins in high trash generating areas were retrofitted with ARS units providing partial capture of trash from high trash generating areas. Since the approval of the City’s initial TMRP, the Statewide Trash Amendments were established providing for a broader range of choices in full capture systems than those previously certified by the Los Angeles Regional Water Quality Control Board (Regional Board). Several of the State Board certified high flow capacity devices achieve multiple benefits by removing sediment and floating hydrocarbons and can address other pollutants in the Santa Monica Bay besides trash, such as Dichlorodiphenyltrichloroethane (DDT) and polychlorinated biphenyls (PCBs). In addition, the Trash Amendments provided for the incorporation of full capture trash systems into planned multi-benefit regional and distributed green street projects. These additional options provide the City an opportunity to meet the SMB Debris TMDL in a more cost-effective manner while achieving multiple benefits and prompted the City to request modifications of the interim milestones proposed in the initial TMRP and Beach Cities Enhanced Watershed Management Program (EWMP). On February 6, 2018, the Regional Board approved these modifications. The approved interim and final milestones applicable to the City for implementing the SMB Debris TMDL are shown in Table 1. Table 1 Santa Monica Bay Debris TMDL Interim and Final Compliance Milestones Milestone Date Determine compliance strategy for installing full capture trash systems, taking into account planned regional projects. August 20, 2018 Report compliance strategy to the Regional Board. December 17, 2018 Complete installation of full capture trash systems serving 50% of the MS4 drainage area not tributary to planned regional or green street projects. March 20, 2019 Complete installation of full capture trash systems serving the remainder of the City to achieve 100% retrofit of the City’s MS4 system. March 20, 2020 City of Hermosa Beach Printed on 2/8/2019Page 2 of 7 powered by Legistar™ Staff Report REPORT 19-0066 Table 1 Santa Monica Bay Debris TMDL Interim and Final Compliance Milestones Milestone Date Determine compliance strategy for installing full capture trash systems, taking into account planned regional projects. August 20, 2018 Report compliance strategy to the Regional Board. December 17, 2018 Complete installation of full capture trash systems serving 50% of the MS4 drainage area not tributary to planned regional or green street projects. March 20, 2019 Complete installation of full capture trash systems serving the remainder of the City to achieve 100% retrofit of the City’s MS4 system. March 20, 2020 Analysis: During the 2017-18 reporting year the City undertook a major update and modernization of its Storm Drain Master Plan to create a multipurpose GIS-based storm drain system resource guide. This study included hydraulic modeling of the system to identify needed improvements and a prioritized capital improvement program for the system. The SMB Debris TMDL Implementation Strategy was revised to leverage the work conducted to update the Storm Drain Master Plan, utilizing key data and findings to determine the most cost-effective approach. The Storm Drain Master Plan evaluated opportunities for incorporating centralized high flow capacity trash capture devices into the storm drain system based on drainage area, system depth, right-of- way ownership, maintenance access, hydraulics and upstream flooding, and constructability. Two optimal locations for siting a centralized high-flow capacity device were identified, with three additional alternative locations identified if the first two are deemed infeasible. One of the optimal locations identified was within the County-owned 16th Street Storm Drain system where it crosses the Hermosa Valley School site. The second location identified was within the Herondo Storm Drain tributary area of the City along Valley Drive (Attachment 2). The City has revised its strategy for addressing the SMB Debris TMDL using State Board-approved full capture devices or systems according to the approach outlined in Table 2 to achieve 100% reduction of trash from the MS4 by March 20, 2020. The City has a total area of 915.2 acres and 312 storm drain inlets tributary to the Santa Monica Bay. Since the Hermosa Strand Infiltration Trench Project retrofitted 28 inlets addressing approximately 50 acres as shown in Year 0 of Table 2, that City of Hermosa Beach Printed on 2/8/2019Page 3 of 7 powered by Legistar™ Staff Report REPORT 19-0066 area reduces the City’s total remaining area to be retrofit with full capture devices or systems, leaving 865.2 acres. The Beach Cities Watershed Management Group is in the planning stages of a large regional project along the Herondo storm drain which is anticipated to address a 283-acre tributary area from the City that includes 73 catch basins. This leaves 582.2 acres and 211 inlets outside of the Herondo Storm Drain Regional Project and Hermosa Strand Infiltration Trench Projects’ tributary areas that will need to be retrofit with full capture devices by March 20, 2020. Table 2 City's 2 -year TMDL Compliance Strategy Year Milestone Completion Date Strategy Catch Basins Addressed Approx. Acres Addressed 0 Completed  Install full capture connector pipe screens in catch basins located in the City’s high -priority commercial corridor within Hermosa Strand Infiltration project area. 28 (9%) 50 1 March 20, 2019  Install full capture catch basin inserts throughout City, with the exception of the catch basins along the 16 th Street storm drain line upstream of Hermosa Valley School and the catch basins within the tributary area of the planned Herondo Storm Drain Regional Project. 123 (39.5%) 291.2 2 March 20, 2020  Install a central ized trash capture system at Hermosa Valley School which was identified by the City’s Storm Drain Master Plan (June 2018) as an optimal location for siting a high flow capacity trash system.  Complete the Herondo Storm Drain Regional Project 88 (28%) 73 (23.5%) 291 283 Total 312 (100%) 915.2 As shown in Table 2 above, 50% of this area (291.1 acres or 106 inlets) must be addressed in Year 1, by March 20, 2019. To achieve the Year 1 milestone, the City would install certified full capture catch basin inserts in all areas of the City except the areas tributary to the 16th Street Storm Drain upstream of Hermosa Valley School and the areas tributary to the Herondo Storm Drain Regional Project. In Year 2, the City would install a certified centralized full capture trash system on the 16th City of Hermosa Beach Printed on 2/8/2019Page 4 of 7 powered by Legistar™ Staff Report REPORT 19-0066 Street Storm Drain at Hermosa Valley School which was one of the optimal locations identified by the Storm Drain Master Plan. If the Herondo Storm Drain Regional Project is completed in Year 2, the City would determine whether the additional centralized high flow capacity system within that tributary area is needed, or whether additional individual CPS are required to treat any small areas not addressed by the regional project as Phase 2.Attachment 2 displays a map of the City’s storm drain system and identifies the portion of the system tributary to the Hermosa Strand Infiltration Trench project, the planned Herondo Regional Storm Drain Project and the planned Hermosa Valley School centralized trash capture system along the 16th Street Storm Drain. To furnish and install CPS on 123 catch basins by March 2019 (Phase 1), the City would need to expedite the award of a construction contract. In October 2018, the City of Rancho Palos Verdes, with its partnering cities of Palos Verdes Estates and Rolling Hills Estates awarded a contract to United Storm Water to install CPS in catch basins for the Santa Monica Bay Catch Basin Insert Project. United Storm Water was determined to be the lowest responsible bidder through a competitive bidding process (Attachment 3). Upon request, United Storm Water has extended the same pricing to the cities of Hermosa Beach and Redondo Beach (Attachment 4). Staff reviewed and summarized bids and awards from other cities comparing recent pricing on CPS (Table 3) Table 3. Summary of recent bid awards for CPS devices Project Date Contractor Cost (per unit) RPV Santa Monica Bay Catch Basin Insert Project October 2018 United Storm Water, Inc. $367 San Gabriel River Catch Basin Retrofit - Phase 11, et al. May 2018 Yakar $575 Ocean Blue Environmental Services $523 United Storm Water, Inc. $475 City of Buena Park-Orange County Transportation Authority (OCTA) through (MA 080-1511198) February 2018 G2 Construction Inc. $550 Ordinarily, the City would need to comply with the competitive bidding requirements set forth in the California Public Contracts Code for this type of project. The purpose of such bidding requirements is to guard against favoritism, improvidence, extravagance, fraud and corruption, to prevent waste of public funds, and to obtain the best economic result for the public. City of Hermosa Beach Printed on 2/8/2019Page 5 of 7 powered by Legistar™ Staff Report REPORT 19-0066 The facts and circumstances of this project, however, demonstrate that competitive bids would not produce an advantage, and the advertisement for competitive bid would thus be undesirable and impractical for the following reasons; 1) City is assured of having the best unit prices, which are being made available through the Santa Monica Bay Catch Basin Insert Project, which was a competitively bid; 2) City is getting the units without general contractor markup; 3) United Storm Water is a responsible contactor, as they previously performed the City's storm drain maintenance; and 4) City will compromise its ability to meet the interim deadlines for the SMB Debris TMDL due to the time delays associated with the competitive bidding process. Therefore, there is no advantage to the City in bidding out this specific project at this time. Staff is requesting that City Council waive the competitive bidding requirement and authorize the Acting Director of Public Works to execute a contract with United Storm Water (Attachment 5) for installation of 284 CPS with optional cleaning and 10% contingency for an amount not to exceed $58,855.50 in Phase 1, and not to exceed $77,038.50 in Phase 2. Catch Basin cleaning would be conducted by the city’s current catch basin cleaning contractor and catch basin measurements are included as an optional task. General Plan Consistency: The staff recommendations presented in this report are consistent with the following General Plan policies: 4.3 Collaboration with adjacent jurisdictions.Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern. 5.7 Stormwater permits. Strictly implement, enforce, and monitor MS4 National Pollutant Discharge Elimination Systems (NPDES) Permit requirements through stormwater ordinances. 5.9 Evaluate and retrofit. Evaluate existing systems and retrofit to meet current standards and infiltration best practices. 7.1 Beach maintenance. Maintain the beach and ocean as natural recreational resources, not only for the city but also for the Southern California region. Fiscal Impact: The recommended action will result in a total authorized expenditure of $135,894, not to exceed $58,855.50 in Phase 1, and not to exceed $77,038.50 in Phase 2. This amount includes optional catch basin cleaning and 10% contingency. $80,000 is budgeted in the Storm Drain Division’s Contract Services account in the Capital City of Hermosa Beach Printed on 2/8/2019Page 6 of 7 powered by Legistar™ Staff Report REPORT 19-0066 Improvement Fund, account number 301-3109-4201, for the implementation of Phase 1. Used Oil Block grant funds in the Sewer Fund, account number 160-3105-4201, in the amount of $11,605.33, can be applied to catch basin maintenance activities in Phase 1. In Phase 2, $44,289 would be transferred from CIP 17-417 Storm Drain Improvements from various locations in the Storm Drain Fund, account number 161-8417-4201 to the Storm Drain Division’s Contact Services account in the Capital Improvement Fund, account number 301-3109-4201. Attachments: 1.Direction to Implement Trash Monitoring and Reporting Plan 2.Map of City Storm Drains, Catch basins and Tributary Areas 3.City of Rancho Palos Verdes Bid Award 4.United Storm Water Quote 5.Draft Construction Agreement with United Stormwater Respectfully Submitted by: Kristy Morris, Environmental Analyst Concur: Lucho Rodriguez, Acting Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 2/8/2019Page 7 of 7 powered by Legistar™ Water Boards Los Angeles Regional Water Quality Control Board May 22, 2015 Beach Cities Watershed Management Group (See Distribution List) . EDMUND G . BROWN JR . GOVERNO R N,..~ M ATTHEW ROORIOU EZ l ............... ~ SEC RETARV f OR ~ ENVI RONMENTAl PROTEC110N REVIEW O F TH E B E ACH CIT IES WAT ERSH ED MANAG E M ENT GROUP COORDINATED IN TE G RATE D MO NI T ORING PRO GR AM, PUR SUAN T TO ATTACHM E NT E, PART IV.B OF THE LOS ANGEL ES COUNTY MUNIC I PA L SEPARATE STORM SEWER SYS TEM (MS4) PERMIT (NPD ES PERM IT NO. CAS 00 4 001; ORDER NO. R4-2 012-0175) Dear Permittees of the Beach Cities Watershed Management Group : The Regional Water Board has reviewed the draft monitoring program submitted on June 26, 2014 by the Beach Cities Watershed Management Group (Group). This monitoring program was submitted pursuant to the provisions of NPDES Permit No . CAS004001 (Order No. R4-2012- 0175), which authorizes discharges from the municipal separate storm sewer system (MS4) operated by 86 municipal Permittees within Los Angeles County (hereafter, LA County MS4 Permit). The LA County MS4 Permit allows Permittees the option to develop and implement a coordinated integ rated mon it oring program (CI MP) that ach ieves the five Primary Obj ect ives set forth in Part II. A of Attachment E and includes the elements set forth in Part II. E of Attachment E. These programs must be approved by the Executive Officer of the Regional Water Board . The Regional Water Board has reviewed the Group's draft CIM P and has determined that, for the most part, the CIMP includes the elements set forth in Part II.E of Attachment E and will achieve the Primary Objectives set forth in Part II.A of Attachment E of the LA County MS4 Permit. However, some additions and revisions to the CIMP are necessary. The Regional Water Board's comments on the draft CIMP , including detailed information concerning necessary additions and revisions to the CIMP, are found in Enclosure 1 and Enclosure 2 . Please make the necessary additions and revisions to the CI MP , as ident ified in the enclosures to this letter, and submit the revised CIMP as soon as possible and no later than July 6, 2015. The revised CIMP must be submitted to losangeles@waterboards .ca .gov w it h the subj ect li ne "LA County MS4 Permit -Revised Beach Cit ies Waters hed Mana g ement Gro up CIM P" w it h a copy to lvar.Ridgeway@waterboards .ca .gov and Erum .Razzak@waterboards .ca .gov . Upon approval of the revised CIM P by th e Executive Office r, the Group must prepare to commence its monitorin g prog ram w ith in 90 days. If the necessary revisions are not made, the Group mus t com ply with t he Mo nit or in g and Reporting Program and future revisions thereto, in Attachment E of the LA County MS4 Permi t. Until the Group 's CIMP is app ro ved by the Executive Officer, the monitoring requirements pursuant to Order No . 01-18 2 an d Monitoring and Reporting Program Cl 6948, and pursuant to approved TMDL monitoring plan s shall remain in effect. CllAAL[S STAl NG [R , CHAIR I S AMUEL U NGER, EXECUTIVE OFFICER 320 West 4th St ., Swte 200. Los Angeles, CA 90013 I www.wat erboards.ca.gov/losangeles c, Ht:C YC U :U PAt>I::U Beach Cities Watershed Management Group Draft CIM P Review May 22, 2015 Page 2 of 2 If you have any questions, please contact Ms . Erum Razzak of the Storm Water Permitti ng Unit by electronic mail at Erum .Razzak@waterboards.ca.gov .or by phone at (213) 620-2095. Alternatively, you may also contact Mr. lvar Ridgeway, Chief of the Storm Water Permitting Unit, by electronic mail at lvar.Ridgeway@waterboards.ca .gov or by phone at (213) 620-2150 . Sincerely, ~~ u~.(?/\ Samuel Unger, P.E. Executive Officer Enclosures: Enclosure 1 -Summary of Comments and Required Revisions Enclosure 2 -Comments on Aquatic Toxicity Testing Beach Cities Watershed Management Group Distribution List Water Boards . E DMUND G B ROWN J R GOVEAN OA ~ M ATTH EW R ODRIQUEZ "-.............._~ S ECAEIARY r OR ~ [tlVIROt.IUENIAI. PA O I£C TION Los Angeles Regional Water Quality Control Board Enclosure 1 -Summary of Comments and Necessary Revisions to Draft CIMP Beach Cities Wate rshed Management Group MRP Element/ CJMP Reference Reference Comment and Necessary Revision (Attachment E) General Table 1 Provide a further breakdown of jurisdictional land use within each of the three HUC-12 areas in addition to the land use percentages by jurisdiction for the entire EWMP area . Table 2 Attachment N Please make the following corrections to Table 2 of the draft CIMP: PartE • Update table note 'a' with the effective date of July 2, 2014. Also, note that the compliance date of November 1, 2009 for attaining the winter dry weather WLAs was not altered in the revised TMDL. • Delete table note 'b' as the timeframes referenced in the note are not appli cable to the WLAs assigned to MS4 discharges, since those WLAs are based on existing MS4 discharge conditions. Therefore, the need for time to achieve pollutant load reductions is not anticipated . • Dominguez Channel (including Torrance Lateral): Correct Toxicity, Total Copper, Total Lead, and Total Zinc interim wet weath er compliance deadline from 3/23/2012 to 12/28/2012 (the effective date of the Order). • Dominguez Channel (including Torrance Lateral): Correct Total Lead effluent limitation (final wet weather) from 35.8 11g/L to 42 .7 11g/L per Table in Section E.3.b.i. • The City of Torrance is subject to TMD Ls for Dominguez Channel Estuary as per Attachment K, Table K-13 of the LA County MS4 Permit. As such, add Dominguez Channel Estuary and associated pollutants and compliance deadlines as set forth in Sections E.2 .b, E.3.c and E.3.d to the Category 1 Highest Priority pollutants. • Dominguez Channel (including Torrance Lateral): Add Total Cop per, Total Lead, and Total Zinc during dry weather conditions to Category 3 Medium Priority Pollu tan ts per footnotes 6 and 7 on p. N-6. • Change "N/A" in the Compliance Deadline column for Category 2 and Category 3 pollutants to "TBD in EWMP," Summary of Comments and Necessary Revisions - 2 - Beach Cities Watershed Management Group Draft CIMP May 22, 2015 MRP Element / CIMP Reference Reference Comment and Necessary Revision (Attachm ent E) since the EWMP must specify interim milestones and final deadlines for achieving any necessary reductions in these pollutants in MS4 discharges. Table 4 Attachment N Note that In addition to Tables K-2 and K-4, Table K-13 also PartE (page identifies the specific waterbodies for which each MS4 Permittee N-5) within the Dominguez Channel and Greater LA and Long Beach Harbor Waters Watershed Management Area is assigned WLAs and associated monitoring requirements per the Taxies TMDL. Please make the following corrections to Table 4 ofthe draft CIMP: • Add Zinc for Torrance Carson Channel (Torrance Lateral) • Add Dominguez Channel Estuary (unlined portion below Vermont Ave.) and associated pollutants as in comment on Table 2, above. Section 11.1.1 Section 11.1.1 of the draft CIMP states that monitoring data will be submitted to MS4stormwaterRB4@waterboards.ca.gov. Please note that the aforementioned email address is no longer active. Instead, all monitoring data and/or other submissions should be sent to losangeles@waterboards.ca.gov with t he subject line "LA County MS4 Permit -Beach Cities WMG Monitoring Data." Sections 11.1.1 Attachment G The semi-annual analytical data submittal and the Integrated and 11.2 Part VIII (page Monitoring Compliance Report (IMCR) mentioned in the draft G-17 to G-18) CIMP must also include a summary of exceedances of municipal action levels (MAL) for stormwater outfall samples . Section 11.2 Attachment G Note that the IMCRs may serve as MAL Assessment Reports Part VIII provided that the IMCRs include an assessment of the stormwater outfall data as compared to MALs . Additionally, the IMCRs in conjunction with the EWMP may meet the requirement for a MAL Action Plan if the EWMP addresses the waterbody-pollutant combination(s) for which the MAL(s) was exceeded, or where the Group requests modifications to its EWMP to address the MAL exceed anc es . Appendix D Part VIII.C Appendix D Section D.2.1.4 of the draft CIMP states that grab Section D.2.1.4, (page E-23) samples will be collected during dry weather and compo site Sections 4.2 and samples will be collected during wet weather. Include the specific 12 procedure that will be used to collect composite samples during wet weather (i.e., number of aliquots, frequency of aliquot collection, and duration of sample collect ion ). Sections 4 .2 and 12 st ate that gra b sampling will be used for stormwater outfall sampli ng; this is inconsistent with Appendix D, Section D.2.1.4. Revise Sections 4.2 and 12, and other sections of Summary of Comments and Necessary Revi sions -3- Beach Cities Watershed Management Group Draft CIMP May 22,2015 MRP Element/ CIMP Reference Reference Comment and Necessary Revision (Attachment E) the draft CIMP as necessary, to state that composite sampling will be conducted at stormwater outfall locations. Clarify that composite sampling will also be used at the existing receiving water mass emission station, S28, in Dominguez Channel. If composite sampling will not be used at the two SMB receiving water monitoring sites, provide justification for the use of grab samples at these two locations. Receiving Water Monitoring Section 2.3.1 In th is sec tion, the draft CIMP references a SMB Taxies TMDL, while elsewhere the TMDL is referenced as the SMB DOTs and PCBs TMDL. The latter title is the correct one and should be used throughout the CIMP for accuracy and consistency. Part VI.A.l.b.ii The revised CIMP must provide an explanation of how monitoring (page E-14) at the proposed receiving water stations RW-BCEG-1 and RW- BCEG-2 will provide representative measurement of the effects of the Group's MS4 discharges on Santa Monica Bay, given the proposed distance of the sites offshore. The Regional Water Board recommends that the Group considers locating these two receiving water sites closer to the shore where the impacts from the MS4 discharges if any, would be more detectable. Section 2.2.3 The draft CIMP in Section 2.2.3 states that to satisfy receiving water monitoring requirements for the SMBBB TMDL, eleven existing monitoring sites will continue to be monitored. Include in the revised CIMP, a presentation and evaluation of observational data from sites 0-06, 0 -07 and 0-08, shown in Figure· 7. On this basis of this evaluation, include weekly bacteriological monitoring at these sites, if the evaluation indicates significant non- stormwater discharges at any of these locations. Section 2.3.1 The draft CIMP proposes weekly monitoring at shoreline sites, SMB-6-3 and SMB-6 -4, and justifies this frequency on the basis of a year-round low flow diversion at SMB-6-3 and no MS4 discharge at SMB -6-4. This is acceptable. However, should conditions change at either of these sites such that there is a significant non-stormwater discharge from a MS4 then the sampling frequency must be re - evaluated. Section 2.2.3 The draft CIMP in Section 2.2.3 states that attainment of the Santa Monica Bay DOTs and PCBs TMDL (SMB DDT & PCB TMDL) will be addressed through the stormwater outfall monitoring to assess the sediment borne loading of DDT and PCBs from the MS4 to SMB. This is an appropriate approach. However, as indicated in Section 4.2 and Table 8, the Group proposes to monitor the four Summary of Comments and Necessary Rev isions -4- Beach Cities Watershed Management Group Draft CIMP May 22, 201 5 MRP Elem e nt/ CIMP Reference Reference Comment and Necessary Revision (Attac hment E) stormwater outfall sites in the SM B Watershed Man agement Area (WMA} in alternating years such tha t no one ou t f all site will be monitored every year within the SMB WMA. Given that compliance with the WLAs for DDT and PCBs is determined based on a three-year average, describe how the data from alternating sites will be adequate to assess compliance with these WLAs. The draft CIMP also states in Section 2.3.1 that the two SMB receiving water sites have been selected as the monitoring sites for the SMB DDT and PCBs TMDL and that three wet-weather sampling events will be conducted to evaluate the annual WLA of DDT and PCB for the Group. This sampling is not necessary. The TMDL monitoring requirements can be adequately fulfilled by stormwater outfall monitori ng . Section 2.3.2 The draft CIMP establishes the thresholds for wet weather sampling of the two SMB receiving water sites in Section 2.3.2. In this section, however, there is a caveat that the monitoring event will qualify as a wet weather event, "provided that sufficient sample volume is collected to do all required laboratory analysis." Since samples are being collected from Santa Monica Bay, collecting an adequate sample volume should not be problematic. Please delete this caveat. Part VI (page The revised CIMP should include receiving water monitoring at the E-13 to E-17} Torrance Lateral. Alternatively, the revised CIMP must include justification for not monitoring in Torrance Lateral. A receiving water station in the same location as outfall OF -BCEG -7 seems appropriate . The revised CIMP should indicate ifthe City ofTorrance is participating in the Coordinated Compliance & Reporting Plan for Greater Harbor Waters Regional Monitoring Coalition, dated February 26, 2014 for the Dominguez Channel Estuary as per the Dominguez Channel and Greater Harbors Los Angeles and Long Beach Harbor Waters Toxic Poll utants TMDL (Harbor Taxies TMDL). Table 6 Part VI.C.l.d The following is missing from Table 6 ofthe draft CIMP. Please (page E-15 to include the following: E-16} & • Mass Emissions station {S28}, all parameters that are VI.D.l.c (page applicable to S28 (e.g. field parameters, pollutants E-17} addressed by an applicable TMDL, 303(d) listed pollutants, toxicity, etc.), and monitoring frequency of 3 wet weather and 2 d ry wea th er events. • Total Suspended Solids (TSS} and Suspended-Sediment Concentration {SSC} for Dominguez Channel (b ec ause Summary of Comments and Necessary Revisions -5- Beach Cities Watershed Management Group Draft CIMP May 22, 2015 MRP Element/ CIMP Reference Reference Comment and Necessary Revision (Attachment E) turbidity is on the 303(d) list for Dominguez Channel). Table 6 Part VI.C.1.e Table 6 of the revised CIMP should specify that Table E-2 (page E-16) parameters will be monitored during the first significant rain event of the storm year and during the critical dry weather event where dry weather sampling is conducted (i.e., S28) (preferably using a footnote). Table 6 Correct table note '1', which states "3/0 signifies three wet weather and two dry weather events per year." Fill in the field parameters that will be collected at ocean receiving water sites in table note '2'. Clarify table note '4', which states that future monitoring will be conducted at the frequency specified in the MRP (i.e., ... 3/2). The Regi ona l Water Board assumes that the Group proposes a sampling frequency of 3/0 for the two SMB receiving water sites and 3/2 for the Dominguez Channel receiving water site (S28). Section 2.3.3 Part VI.D The draft CIMP in Section 2.3.3 states that Low Flow Diversions (page E-16 to (LFDs) divert all dry-weather flows from the storm drains to the E-17) sanitary sewer system keeping dry-weather flows from reaching Santa Monica Bay . Therefore, no dry weather conditions are specified. However, the CIMP should specify dry weather conditions for other receiving water sites (e.g., S28) as per Attachment E Part VI.D of the LA County MS4 Permit. Appendix A In Appendix A Section 3.7, the draft CIMP states, "[a]s recognized Section 3.7 by the footnote in Attachment K-4 of the Permit, the County of Los Angeles, the Los Angeles County Flood Control District, and the cities of Redondo Beach, Torrance, and Manhattan Beach have entered into an Amended Consent Decree with the United States and the State of California, including the Regional Board, pursuant to which the Regional Board has released the County of Los Angeles, the Los Angeles County Flood Control District, and the cities of Redond o Beach , Torrance, and Manhattan Beach from responsibility for toxic pollutants in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbors." This statement misinterprets the Regional Water Board's findings. Footnote 1 to Table K-4 of the LA County MS4 Permit states, "[t]he requirements of this Order to implement the ob li gations of this TMDL do not apply to a Permittee to the extent that it is determined that th e Permi t t ee has been released from that obligation pursuant to the Amended Consent Decree entered in Summary of Comments and Necessary Revisions -6- Beach Cities Watershed Management Group Draft CIMP May 22, 2015 MRP Element/ CIMP Reference Reference Comment and Necessary Revision (Attachment E) United States v. Montrose Chemical Corp ., Case No. 90-3122 AAH (JRx)." As stated in the responses to comments received on the Dominguez Channel and Greater Harbor Waters Toxic Pollutants TMDL, " ... primarily one pollutant, DDT, is associated with the Superfund site and also addressed by the TMDL. The TMDL addresses numerous pollutants and utilizes a different process than Superfund . The other pollutants -heavy metals, PAHs, PCBs and other legacy pesticides are not within Superfund's focus at the Montrose OU2 Site ... II Furthermore, the WQBELs in Attachment N, Part E of the LA County MS4 Permit are for ongoing discharges from the MS4, not for the historic contamination of the bed sediments . Therefore, the statement in the draft CIMP incorrectly concludes that the aforementioned Consent Decree releases MS4 Permittees from any obligation to implement the WQBELs in the MS4 permits. This statement in the CIMP must be revised consistent with the comment above. Appendix A In Appendix A Section A.1, the draft CIMP implies that the Group Section A.1 will provide monitoring support for the Harbor Toxics TMDL. However, the draft CIMP does not address the compliance method or the monitoring requirements such as water column, sediment, and fish tissue monitoring. As per the Harbor Toxics TMDL, the CIMP must include and/or incorporate all the elements of a technically appropriate Monitoring and Reporting Plan (MRP) and Quality Assurance Project Plan (QAPP). The CIMP must state that the Group will report compliance and non-compliance with waste load allocations (WLAs) as part of annual reports submitted to the Regional Water Board. In addition, the CIMP must include and/or incorporate elements of a QAPP which are protocols for sample collection, standard analytical procedures, and laboratory certification. All samples shall be collected in accordance with SWAMP protocols . For detailed requirements, refer to Basin Plan, Chapter 7, Section 7-40.1, "Monitoring Plan" (pages 22-24 of Attachment A of Resolution No. 11-008) Water and TSS samples shall be collected at the outlet of the storm drains discharging to Dominguez Channel, Dominguez Channel Estuary, and Torrance Lateral. Fish tissue and sediment samples should be collected in the receiving waters of the Dominguez Channel Estuary. Summary of Comments and Necessary Revisions -7- Beach Cities Watershed Management Group Draft CIMP May 22,2015 MRP Element/ CIMP Reference Reference Comment and Necessary Revision (Attachme nt E) The cities of Manhattan Beach, Redondo Beach, and Torrance and the LACFCD are responsible for conducting water column monitoring, and the City ofTorrance and LACFCD are additionally responsible for conducting sediment and fish tissue monitoring in Dominguez Channel Estuary. However, the Regional Water Board encourages the Group to consider collaborating or coordinating their efforts with other responsible parties as identified in the Harbor Taxies TMDL and/or WMP/EWMP Groups such as the Dominguez Channel Watershed Mahagement Area Group to avoid duplication and reduce associated costs. Appendix A Attachment M Appendix A Table A-1 and Table A-2 ofthe CIMP are redundant. Table A-1 & A-2 Part A.3 (page Please remove one of the tables and reference the revised Santa M-1) Monica Bay Beaches Bacteria TMDL (July 2, 2014). Appendix A Attachment M Appendix A Table A-4 of the draft CIMP gives maximum allowable Table M -2 exceedance days during wet weather which are specified in (page M-8) Attachment M Table M-1 of the LA County MS4 Permit. Note that Attachment M Table M-2 and not Table M -1 of the LA County MS4 Permit is currently in effect. Therefore, as per the revised Santa Monica Bay Beaches Bacteria TMDL (July, 2, 2014), please include the maximum exceedance days beyond those allowed during wet weather as specified in Attachment M Table M - 2 of the LA County MS4 Permit. Appendix A Instead of listing all the effluent limitations for all the waterbodies Table A-16, A-19, covered by the Harbors Taxies TMDL, Appendix A Table A-16, A-19, &A-20 and A-20 should list only those effluent limitations for the waterbody that is applicable to the Group. Only Dominguez Channel Estuary in these tables is applicable to the Beach Cities Group. Appendix A Please make the following corrections to Appendix A Table A-5 and Table A-5 & A-6 A-6 of the draft CIMP: • Footnote 1 revision: Values in parentheses apply upon the effective date of the revised Santa Monica Bay Beaches Bacteria TMDL (July 2, 2014). Appendix A Attachment N In addition to the effluent limitations in Table A-15 of the draft Table A-15 Part E.3.a.ii, CIMP, note that samples collected from outfalls during flow footnote 6 conditions less than the 90th percentile of annual flow rates must (page N-6) demonstrate that the acute and chronic hardness dependent wate r quality cr iteria (for copper, lead and zinc) provid ed in the California Taxies Rule (CTR) are achieved (see Attachment N Part E.3.a.ii, footnotes 6 and 7 of the LA County M S4 Permit). Summary of Comments and Necessary Revisions -8- Beach Cities Watershed Management Group Draft CIMP May 22,2015 MR P Element/ CIMP Reference Referenc e Comment and Necessary Revision (Attachm ent E) Appendix A Append ix A Table A-18 of the draft CIMP lists the sediment effluent Tab le A-18 limitation for Lead as 35.6 mg/kg. It should be corrected to 35.8 mg/kg. Appendix A Requirements for the Santa Monica Bay Nearshore and Offshore Section A.l.3 Debris TMDL (SMB Debris TMDL) can be satisfied through the submittal of the Trash Monitoring and Reporting Plan (TMRP) and Plastic Pellet Monitoring and Reporting Plan (PMRP) or via the CIMP. Appendix A Section A.l.3 notes which cities have submitted a TMRP, PMRP, and/or a demonstration that a PMRP is not required. Based on a preliminary review by Regional Board staff, please see comments below: Redondo Beach : • On page 12 of the TMRP, the Methodology proposes a 40- ft swath . However, on page 13 under Specific Procedures, the Site Definition section states that a 20 -foot section of the shoreline will be analyzed. The SWAMP Rapid Trash Assessment protocol calls for a 100-ft transect to be assessed. Please revise the TMRP to be consistent with the Rapid Trash Assessment protocol, and provide clarity. • In the PMRP, the map in Attachment B is unclear on the types of business/industries in the City. Please submit a list of corresponding SIC codes for these businesses. Torrance: • The SMB Debris TMDL lists an 80% reduction milestone in Year 7 (2019). However, the TMRP specifies that 77% of the WLA will be met for Year 7. The City of Torrance should implement additional and/or enhanced institutional controls to meet the 80% reduction in Year 7. • The City of Torrance submitted a request to the Regional Water Board to be exempt from the SMB Debris TMDL requirement to submit and implement a PMRP . The Regional Water Board has reviewed the documentation submitted, which included a spill response plan, and has determined that the City of Torrance does not have industrial facilities or activities related to the manufacturing, handling, or transportation of plastic pellets. Therefore, the City of Torrance is not required to monitor for plastic pellets, but will implement their spill response pl an if necessary. Summary of Comments and Necessary Revisions -9- Beach Cities Watershed Management Group Draft CIMP May 22,2015 MRP Element/ CIMP Reference Reference Comment and Necessary Revision (Attachment E) Hermosa Beach: • As stated in the SMB Debris TMDL, if within three {3) years of Regional Board adoption date {November 4, 2010) of this TMDL, a city or county voluntarily adopts local ordinances to ban plastic bags, smoking in public places and single use expanded polystyrene food packaging, it shall receive a three-year extension of the final compliance date. As per the TMRP submitted, the City of Hermosa Beach adopted and implemented bans on smoking in public places and polystyrene food service ware prior to November 4, 2013. Since there was no plastic bag ban implemented prior to November 4, 2013, the City of Hermosa Beach does not qualify for a three-year extension of the final compliance date. Therefore, the final compliance date for the City of Hermosa Beach is March 20, 2020 {8 years from the effective date of the TMDL). • The Regional Board has reviewed the TMRP and directs the City of Hermosa Beach to begin the implementation of the TMRP immediately. • The City of Hermosa Beach submitted a request to the Regional Water Board to be exempt from the SMB Debris TMDL requirement to submit and implement a PMRP. The Regional Water Board has reviewed the documentation submitted, which included a spill response plan, and has determined that the City of Hermosa Beach does not have industrial facilities or activities related to the manufacturing, handling, or transportation of plastic pellets . Therefore, the City of Hermosa Beach is not required to monitor for plastic pellets, but will implement their spill response plan if necessary. Manhattan Beach: • As stated in the SMB Debris TMDL, if within three {3) years of Regional Board adoption date {November 4, 2010) of this TM DL, a city or county voluntarily adopts local ordinances to ban plastic bags, smoking in public places and single use expanded polystyrene food packaging, it shall receive a three-year extension of the final compliance date. Th e Ci t y of Manhattan Beach ad op te d and implemented bans on plastic bags, smoking in public pl aces, and poly styr ene f oo d serv ice ware prior to November 4, 2013, and therefore a three-year extension Summary of Comments and Necessary Revisions -10- Beach Cities Watershed Management Group Draft CIMP May 22, 2015 MRP El e ment / CIMP Reference Reference Comment and Necessary Revision (Attachment E) of the final compliance date is appropriate. The new final compliance date for the City of Manhattan Beach is March 20,2023 (11 years f rom the effective date of the TMDL). Please revise the TMRP to include the polystyrene food service ban implementation. • The Regional Board has reviewed the TMRP and directs the City of Manhattan Beach to begin the implementation of the TMRP immediately. • The City of Manhattan Beach submitted a request to the Regional Water Board to be exempt from the SMB Debris TMDL requirement to submit and implement a PMRP. The Regional Water Board has reviewed the documentation submitted, which included a spill response plan, and has determined that the City of Manhattan Beach does not have industrial facilities or activities related to the manufacturing, handling, or transportation of plastic pellets. Therefore, the City of Manhattan Beach is not required to monitor for plastic pellets, but will implement their spill response plan if necessary. Storm Water Outfall Based Monitoring Section 4.2, Part VIII (page Section 4.2 of the draft CIMP states that the "default Permit Table 8, & E-21 to E-23) approach" of one site per HUC-12 per jurisdiction was chosen for Figures 7 and 8 the stormwater outfall-based monitoring. However, as per Section 4.2 and Table 8 of the draft CIMP, no outfall monitoring site has been selected within the Long Beach Harbor HUC-12 area (see Figure 4 and Table 8). Includ e justification for not including an outfall monitoring site for this HUC -12 area . Section 4 .2.6 Stormwater outfall monitoring site OF-BCEG-6, within the City of Redondo Beach, does not appear representative of either the land use distribution of the City of Redondo Beach or of the entire EWMP Group within the Lower Dominguez Channel HUC -12 area. Provide additional justification for the selection of this outfall location in the revised CIMP. Table 17 Part Table 17 ofthe revised CIMP should include monitoring for sse and VIII.B .l.c.iv monitoring for pollutants with WLAs assigned to discharges to (page E-23) Dominguez Channel Estuary . Section 3.0 Part VILA Section 3.0 of the draft CIMP references a GIS database that was submitted. However, the Regional Board has not received any GIS files from the Group. Please submit the referenced GIS files with the revised CIMP. Non-Storm Water Outfall Based Monitoring Section 5.2 Include a presentation and evaluation of observational data Summary of Comments and Necessary Revisions -11- Beach Cities Watershed Management Group Draft CIMP May 22, 2015 MRP Element/ CIMP Reference Reference Comment and Necessary Revision (Attachment E) collected at shoreline sites under the SMB Bea ches Bacteria TMDL Coordinated Shoreline Monitoring Plan when identifying outfalls with significant non-stormwater d is charge. Observational sites within the Beach Cities EWMP area include 0 -06, 0-07, and 0-08, as shown in Figure 7. Section 2.3.3 & Part IX.H Sections 2.3.3 and 5.0 of the revised CIMP should specify the dry . 5.0 (Page E-28) weather conditions for non-stormwater outfall monitoring, where such monitoring is required. Furthermore, the revised CIMP must provide justification for use of grab samples instead of composite samples during dry weather. Section 5.2 Part IX.C.1 For the Dominguez Channel watershed, clarify in the revised CIMP (page E-24 to that the Machado Lake subwatershed will also be included as part E-25) of the non-stormwater outfall-based screening and monitoring program. Section 5.4 Part IX.E .1 & Section 5.4 of the draft CIMP notes that there is no prioritized IX.E.3 (page E-source identification at this point and that the Group will submit an 26) outfall prioritization process to the Regional Board at a later date. The revised CIMP should include a prioritized source identification process. Aquatic Toxicity Appendix D Part XII.G The draft CIMP is unclear on the method for toxicity testing . The Section D.1.3.2 .1 (page E-31 to revised CIMP should clearly specify that chronic toxicity testing will & D.1.3.2.2 E-32) be used for freshwater and saltwater species. Los Angeles Regional Water Quality Control Board Enclosure 2 -Comments on Aquatic Toxicity Testing Beach Cities Watershed Management Group . EDMUND G BROWN JR GOVERNOR ~ MATHH:.w RooR1 ouez "'-""-...._~ S~CR£.1ARY lOA ~ ENVIAON~ftlfAL PAOT(C l !Otl We note the CIMP is proposing to follow the toxicity testing procedures as described in the MRP and in order to assess compliance with the freshwater chronic toxicity numeric target in the Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters Toxics TMDL. Part Xll.l.1. (Page E-33) of the Monitoring and Reporting Program states that a toxicity test sample is immediately subject to TIE procedures if either survival or sublethal endpoints demonstrate a Percent Effect value equal to or greater than 50% at the lnstream Waste Concentration. The draft CIMP does not propose to perform a TIE when at least a 50% sublethal effect is seen but instead proposes to first collect a confirmatory sample two weeks later. This is not an acceptable approach . The CIMP seems to be implying that chronic toxicity has some inherent non -persistent quality to it that makes the results unreliable. It also implies that chronic toxicity is of lesser importance. Although it would be hard to generalize to all possible situations, the fact that a large number of invertebrates (or fish) living in a receiving water can survive an ambient pollutant concentration but are impacted in terms of growth or reproduction means that the population as a whole will be impacted, and could eventually collapse. Some species living in the receiving water have very short lifespans and during critical times of the year may be prey for other organisms that will in turn be impacted by their population decline . Sugg es t ed Spe cial Study: The 2013 study released by the California Stormwater Quality Association (CASQA) entitled "Review of Pyrethroid, Fipronil and Toxicity Monitoring Data from California Urban Watersheds" reviewed stormwater data from studies conducted during 2005-2012 and highlighted the toxicity impacts from use of pesticides not currently required to be monitored for by the MRP. We suggest the group begin monitoring for these chemicals in the receiving water and, in addition, assess toxicity using the 2002 acute toxicity testing protocol (EPA-821-R-02-012) with the amphipod Hyalella azteca as the test organism. H. azteca is known to be much more sensitive to pyrethroids than is Ceriod aphnia dubio while the latter is useful for its sensitivity to OP pesticides. The two species together may also prove to be more useful in detecting toxicity from fipronil. And, should 50% or greater effect be detected in the toxicity test, we suggest a procedure to incorporate pyrethroids into the subsequent TIE be documented (three possible treatments have been identified by researchers, see http://www.pubfacts.com/detaii/20018342/Focused -toxicity-identification -evaluations -to-rapidly - identify-the -cause -of-toxicity-in-environment ). W hil e fipron i l does not have a TIE procedure identified currently, chemical testing for th e parameter (and degradates ) and comparison to U.S. EPA Office of Pes ticid e Program 's aquatic li fe benc hmarks at http ://www.epa .gov/oppefedl/ecorisk ders/aquatic life benchmark .htm will aid in determining the Comments on Aquatic Toxicity Testing -2 -March 27, 2015 Beach Cities Watershed Management Group Draft CIMP cause(s) of toxicity in order to follow up with outfall testing of the parameter(s) with the ultimate goal of removing the source. This approach will also help minimize inconclusive TIE results which would lead to required toxicity testing in the representative upstream outfall(s). Beach Citi es Watershed Management Group -----.1 Name City Email Address Wisam Altowaiji Andrew Brozyna Raul Saenz John C. 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FISCAL IMPACT: The recommended action will result in a total authorized expenditure of $1,046,118. Amount Budgeted: $1,012,200 Additional Appropriation: $33,918 Account Number(s): See table above ORIGINATED BY: Charles Eder, PE, Senior Engineer REVIEWED BY: Elias Sassoon, PE, Director of Public Works APPROVED BY: Doug Willmore, City Manager Contracts Amount United Storm Contract 744,943$ 10% Contingency 74,495$ Psomas Contract 226,680$ Total Contracts 1,046,118$ FY18-19 Budget Amount Account # Local Match - RPV, RHE, PVE 412,200$ 330-400-8709-8004 & 8807 Prop 84 600,000$ 332-400-8709-8807 Total Budget 1,012,200$ Additional Appropriation 33,918$ 330-400-8709-8807 1 ATTACHED SUPPORTING DOCUMENTS: A. Construction agreement for United Storm Water, Inc. (page A-1) B. Professional Services Agreement for PSOMAS (page B-1) C. Memorandum of Understanding (page C-1) BACKGROUND AND DISCUSSION: The City, with its partnering cities of Palos Verdes Estates (PVE) and Rolling Hills Estates (RHE), applied for and was awarded a Proposition 84 Grant from the State Water Resources Control Board (State Board) for the Catch Basin Insert Project (Project) on December 19, 2016. The grant award is $600,000 with a combined estimated local match of $412,200 for total estimated project costs of $1,012,200. However, based on the proposed bid award the total project costs including the 10% contingency now totals $1,046,018. The additional appropriation of $33,918 will come from the Capital Improvement Fund reserves. Since 818 of the 1,368 catch basins covered by the project are located in the City, the City is responsible for 60% of the local match. The cities of PVE and RHE are responsible for the remaining 40%. PVE and RHE have agreed to contribute these additional matching funds under the terms of a Memorandum of Understanding (MOU) between the cities (Attachment C). The agreed-upon proportionate share of project costs stated in the MOU (Attachment C Table 2) were estimates and will be adjusted based on actual costs. Therefore, the City will recover 40% of the additional budget appropriation, if expended. The proposed Project involves installing 1,368 connector pipe screen (CPS) units in existing catch basins draining into Santa Monica Bay to implement the requirements for the 2012 Municipal Separate Storm Sewer System (MS4) Permit. The CPS units capture debris and trash and prevent both from ending up in the bay. Construction Contract Competitive bids were opened for the project on September 13, 2018. After careful review of the bid documents, the apparent low bid by United Storm Water, Inc. was found to be a responsible bid. Santa Monica Bay Catch Basin Insert Project Contractor Base Bid Amount Additive Amount Total G2 Construction, Inc. 750,821.00 49,005.00 $799,826 Ocean Blue Environmental Services 799,331.50 60,086.50 $859,418 United Storm Water, Inc. 690,493.00 54,450.00 $744,943 2 Staff recommends awarding the construction contract to United Storm Water, Inc., in the amount of $744,943 plus 10% contingency for a total contract amount of $819,438. The construction agreement (Attachment A) has been reviewed by the City Attorney’s office. Construction Management and Inspection Contract Staff separately requested a proposal from a qualified consulting firm to conduct construction management and inspection oversight for the project. PSOMAS submitted the best-qualified proposal from a pool of consultants previously reviewed by the City. The consulting firm exhibited experience with very similar projects, for which they have provided professional, efficient and effective services. Their availability and variety of well-qualified staff was also key in their selection. Staff therefore recommends awarding the professional service agreement (Attachment B) to PSOMAS in the amount of $226,680. ALTERNATIVES: In addition to the Staff recommendations, the following alternative actions are available for the City Council’s consideration: 1. Reject all bids and direct Public Works to re-advertise the construction project. 3 01203.0006/507842.2 PUBLIC WORKS AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and UNITED STORM WATER, INC. A-1 -1- 01203.0006/507842.2 AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND UNITED STORM WATER, INC. THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 2nd day of October, 2018 by and between the City of Rancho Palos Verdes, a California municipal corporation (“City”) and United Storm Water, Inc. (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. WORK OF CONTRACTOR 1.1 Scope of Work. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest A-2 -2- 01203.0006/507842.2 professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Bid Documents. The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Santa Monica Bay Catch Basin Insert Project, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Compliance with California Labor Law. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in A-3 -3- 01203.0006/507842.2 Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Contractor’s Authorized Initials ________ (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including A-4 -4- 01203.0006/507842.2 without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. (a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. (b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder. (c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement. (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. (e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement. A-5 -5- 01203.0006/507842.2 1.7 Protection and Care of Work and Materials. The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. 1.8 Warranty. Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 1.9 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, A-6 -6- 01203.0006/507842.2 prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.10 Additional Work and Change Orders. (a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows: (i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of A-7 -7- 01203.0006/507842.2 Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seven Hundred Forty-Four Thousand Nine Hundred Forty-Three Dollars ($744,943) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. A-8 -8- 01203.0006/507842.2 2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person. City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. A-9 -9- 01203.0006/507842.2 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively. 3.5 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: ________________________ ________________________ Eduardo Perry, Jr. President ________________________ ________________________ Daniel C. Perry Chief Financial Officer A-10 -10- 01203.0006/507842.2 ________________________ ________________________ Robert S. Pina Secretary It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Elias Sassoon, Director of Public Works, and Ron Dragoo, Principal Engineer, or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent A-11 -11- 01203.0006/507842.2 contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance Coverages. Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this A-12 -12- 01203.0006/507842.2 Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. (a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event 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. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. A-13 -13- 01203.0006/507842.2 (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees 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. (g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. A-14 -14- 01203.0006/507842.2 Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims A-15 -15- 01203.0006/507842.2 arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same. Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. 5.4 Notification of Third-Party Claims. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification. 5.5 Performance and Labor Bonds. Concurrently with execution of this Agreement Contractor shall deliver to the City, the following: (a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement. Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor A-16 -16- 01203.0006/507842.2 promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement. 5.6 Sufficiency of Insurer or Surety. Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager. 5.7 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor. 5.8 Release of Securities. City shall release the Performance and Labor Bonds when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in A-17 -17- 01203.0006/507842.2 accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. A-18 -18- 01203.0006/507842.2 6.4 Confidentiality and Release of Information. (a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes. (a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to A-19 -19- 01203.0006/507842.2 Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. A-20 -20- 01203.0006/507842.2 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Five Thousand Dollars ($5,000) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the A-21 -21- 01203.0006/507842.2 terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 7.11 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this A-22 -22- 01203.0006/507842.2 Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Ranchos Palos Verdes, California 90275 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively. A-23 -23- 01203.0006/507842.2 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, A-24 -24- 01203.0006/507842.2 as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Contractor’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] A-25 -25- 01203.0006/507842.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ____________________________________ Mayor ATTEST: City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP City Attorney CONTRACTOR: ____________________________________ By: _______________________________ Name: Title: By: _________________________________ Name: Title: Address: Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. A-26 01203.0006/507842.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE 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. A-27 01203.0006/507842.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE 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. A-28 01203.0006/507842.2 A-1 EXHIBIT “A” SCOPE OF WORK I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Santa Monica Bay Catch Basin Insert Project, including any documents or exhibits referenced therein. II. Brief description of the work to be performed: In general, the work comprises but is not limited to furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary to install 1,337 connector pipe screen (CPS) units in existing catch basins draining into Santa Monica Bay, at various locations throughout the City, as more clearly described in the Contract Documents. This work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of work to be performed and materials to be furnished are approximate only, being given as a basis for the comparison of Bids. Actual quantities of work to be performed may vary at the discretion of the City’s Contract Officer. III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports: A. Daily Reports B. Certified Payroll IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. A-29 01203.0006/507842.2 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) A-30 01203.0006/507842.2 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below: BID SCHEDULE CITY OF RANCHO PALOS VERDES Item Number DESCRIPTION Estimated Quantity Unit Unit Price Extended Amount 1 Pre-Construction Cleaning of Catch Basin and Legal Disposal of Debris 818 Each $68.00 $55,624.00 2 Furnish and Install Certified Full Capture Connector Pipe Screen in Existing Catch Basin 818 Lump Sum $367.00 $300,206.00 3 Repair Catch Basin (Allowance of $20,000) 1 Allowa nce $20,000.00 $20,000.00 4 Provide Warranty Bond as required 1 Lump Sum $7,600.00 $7,600.00 5 Make Application and Obtain LACFCD Flood Permit 30 Each $150.00 $37,500.00 TOTAL BID – RANCHO PALOS VERDES $420,930 CITY OF ROLLING HILLS ESTATES Item Number DESCRIPTION Estimated Quantity Unit Unit Price Extended Amount 1 Pre-Construction Cleaning of Catch Basin and Legal Disposal of Debris 42 Each $68.00 $2,856.00 2 Furnish and Install Certified Full Capture Connector Pipe Screen in Existing Catch Basin 42 Lump Sum $367.00 $15,414.00 3 Repair Catch Basin (Allowance of $20,000) 1 Allowa nce $20,000.00 $20,000.00 4 Provide Warranty Bond as required 1 Lump Sum $2,000.00 $2,000.00 5 Make Application and Obtain LACFCD Flood Permit 30 Each $150.00 $4,500.00 TOTAL BID – ROLLING HILLS ESTATES $44,770 A-31 01203.0006/507842.2 C-2 CITY OF PALOS VERDES ESTATES Item Number DESCRIPTION Estimated Quantity Unit Unit Price Extended Amount 1 Cleanout Existing Catch Basins 477 Each $68.00 $32,436.00 2 Furnish and Install Certified Full Capture Connector Pipe Screen in Existing Catch Basin 477 Each $367.00 $175,059.00 3 Photographic Documentation of the Work 1 Lump Sum $1,500.00 $1,500.00 4 Repair Catch Basin (Allowance of $20,000) 1 Allowa nce $20,000.00 $20,000.00 5 Provide Warranty Bond as required 1 Lump Sum $2,500.00 $2,500.00 6 Stencil “NO DUMPING” 477 Each $74.00 $35,298.00 7 Make Application and Obtain LACFCD Flood Permit 83 Each $150.00 $12,450.00 TOTAL BID – PALOS VERDES ESTATES $279,243 Note: Some items may be adjusted or deleted. Any changes to the quantities for these items shall not classify as a substantial change as stipulated in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual amount (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities, and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. The Contract shall be awarded to the lowest responsible Bidder based on the total Bid price. TOTAL BID SCHEDULE IN NUMBERS: $744,943 (Seven Hundred Forty Four Thousand Nine Hundred Forty Three Dollars) II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10. IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. A-32 01203.0006/507842.2 C-3 B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $744,943 as provided in Section 2.1 of this Agreement. A-33 01203.0006/507842.2 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Contractor shall perform all work timely in accordance with the following schedule: Prior to the Notice to Proceed, the Contractor must submit a project schedule for approval. Days to Perform Deadline Date A. Installation of CPS Units 220 Days November 2019 II. Contractor shall deliver the following tangible work products to the City by the following dates. A. Daily Reports will be delivered to the City weekly. Daily Reports must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for. B. Certified payroll will be delivered to the City biweekly. Certified payroll must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. A-34 01203.0006/507842.2 D-1 PERFORMANCE BOND WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows:__________________________________________________; WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder. Executed on 20___. PRINCIPAL (Seal if Corporation) By Title (Attach Acknowledgment of Authorized Representative of Principal) A-35 01203.0006/507842.2 D-2 Any claims under this bond may be addressed to: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED: (Attorney for CITY) NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. A-36 01203.0006/507842.2 PAYMENT BOND (Labor and Material Bond) WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows:__________________________________________________; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder. A-37 01203.0006/507842.2 Executed on , 20____. PRINCIPAL (Seal if Corporation) By Title (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED: (Attorney for CITY) NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. A-38 01203.0006/507842.2 WORKERS COMPENSATION INSURANCE CERTIFICATE Description of Contract: City of Rancho Palos Verdes Project: _____________________________________________ Type of Insurance: Workers' Compensation and Employers' Liability Insurance THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner. The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy. POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY Workers' Compensation: Statutory Limits Under the Laws of the State of California Employers' Liability: $_________________ Each Accident $_________________ Disease - Policy Limit $_________________ Disease - Each Employee Named Insured (Contractor) Insurance Company Street Number Street Number City and State City and State By (Company Representative) (SEE NOTICE ON NEXT PAGE) A-39 01203.0006/507842.2 Insurance Company Agent for Service of Process in California: Name Agency Street Number City and State Telephone Number This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein. This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy. NOTICE: No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company. A-40 01203.0006/507842.2 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. A-41 01203.0006/507842.2 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275. 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Contractual Liability □ Explosion Hazard □ Owners/Landlords/Tenants □ Collapse Hazard □ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability □ Extended Bodily Injury □ □ Broad Form Comprehensive □ General Liability Endorsement □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page) A-42 01203.0006/507842.2 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) A-43 01203.0006/507842.2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. A-44 01203.0006/507842.2 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Any Automobiles □ Truckers Coverage □ All Owned Automobiles □ Motor Carrier Act □ Non-owned Automobiles □ Bus Regulatory Reform Act □ Hired Automobiles □ Public Livery Coverage □ Scheduled Automobiles □ □ Garage Coverage □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page) A-45 01203.0006/507842.2 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) A-46 01203.0006/507842.2 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. A-47 01203.0006/507842.2 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY □ Following Form □ Umbrella Liability □ 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 14. This is an □ occurrence or □ claims made policy (check one). 15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page) A-48 01203.0006/507842.2 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) A-49 01203.0006/507841.1 1 CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and PSOMAS B-1 01203.0006/507841.1 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND PSOMAS THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 2nd day of October 2018 by and between the City of Rancho Palos Verdes, a California municipal corporation (“City”) and PSOMAS, (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes’ Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those B-2 01203.0006/507841.1 2 standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements: (a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar B-3 01203.0006/507841.1 3 day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” B-4 01203.0006/507841.1 4 Contractor’s Authorized Initials ________ (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.7 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. B-5 01203.0006/507841.1 5 1.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Twenty-Six Thousand Six Hundred Eighty Dollars ($226,680) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. B-6 01203.0006/507841.1 6 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. B-7 01203.0006/507841.1 7 ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for one additional one-year term. ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: B-8 01203.0006/507841.1 8 Reuben Tolentino Principal/Vice President (Name) (Title) Chris McNary Construction Manager (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. B-9 01203.0006/507841.1 9 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any su rety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury B-10 01203.0006/507841.1 10 and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. (a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. B-11 01203.0006/507841.1 11 (d) City’s rights of enforcement. In the event 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. B-12 01203.0006/507841.1 12 (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or B-13 01203.0006/507841.1 13 entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make B-14 01203.0006/507841.1 14 records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such B-15 01203.0006/507841.1 15 information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the B-16 01203.0006/507841.1 16 invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary B-17 01203.0006/507841.1 17 provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ____________________________________ ($___________) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days ’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. B-18 01203.0006/507841.1 18 7.10 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, B-19 01203.0006/507841.1 19 religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. B-20 01203.0006/507841.1 20 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] B-21 01203.0006/507841.1 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Mayor ATTEST: City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP City Attorney CONSULTANT: PSOMAS By: Name: Reuben Tolentino Title: Principal/Vice President By: Name: Title: Address: 555 S. Flower St. Los Angeles, CA 90071 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. B-22 01203.0006/507841.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE 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. B-23 01203.0006/507841.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On __________, 2018 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE 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. B-24 01203.0006/507841.1 A-1 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following services: (a) Oversee adherence to the requirements of the bid documents and normal construction practices through Construction Management and Inspection. (b) Communicate with the City’s Contract Officer on a daily basis to give job statuses (c) Prepare Daily Inspection Reports (d) Assure the job moves forward with the City’s and residents’ best interest in mind (e) Provide safety oversight, especially in regards to the general public (f) Attend and facilitate progress meetings every two weeks. (g) Attend and facilitate pre-construction meeting (h) Serve as liaison between City Staff, the designers, construction contractor, and construction manager (i) Respond to resident concerns in a timely fashion (j) Assist staff with public relations during construction (k) Work with the project manager to develop a final punch list (l) Collaborate with the project manager to aid with the inspection once the final punch list is completed III. As part of the Services, Consultant shall prepare and deliver the following tangible work products to the City: A. Meeting minutes and a revised project schedule B. Monthly project status report C. Project status updates D. Daily Inspection Reports E. RFI Logs F. Submittals and Shop Drawing Logs G. Final Punch List IV. In addition to the requirements of Section 6.2, during performance of the Services, Consultant shall keep the City appraised of the status of performance by delivering the following status reports: A. Consultant will provide a weekly activity report. V. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. B-25 01203.0006/507841.1 A-2 VI. Consultant shall utilize the following personnel to accomplish the Services: A. Reuben Tolentino, Project Director B. Chris McNary, Construction Manager/Inspector B-26 01203.0006/507841.1 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) I. Section 7.7, Liquidated Damages, is deleted in its entirety. B-27 01203.0006/507841.1 D-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. NOT APPLICABLE B-28 01203.0006/507841.1 D-2 III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Monthly invoices will be provided with a cover letter summarizing services completed during the prior billing cycle and a forecast of anticipated services to be completed in the next billing cycle. B. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. C. Line items for all materials and equipment properly charged to the Services. D. Line items for all other approved reimbursable expenses claimed, with supporting documentation. E. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. NOT APPLICABLE B-29 01203.0006/507841.1 D-3 B-30 01203.0006/507841.1 D-4 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Contractor shall perform all work timely in accordance with the following schedule: A. Execution of Agreement – Contractor shall execute the Agreement, and return to the City for execution by the City, accompanied by the bonds and evidence of insurance required by the bid documents, within fifteen (15) calendar days from the date of mailing of the written notice to Contractor of award of the project. B. Pre-Construction Meeting – The Contractor shall attend a pre-construction meeting with the Director of Public Works or his authorized representative, within fifteen (15) calendar days of the Agreement’s execution. C. Work Schedule and Notice To Proceed – Within seven (7) days after the preconstruction meeting, Contractor shall supply the City with all project submittals setting forth a schedule for Contractor’s performance of the work. City shall issue the Notice to Proceed at any time after. City shall not issue a Notice to Proceed until it has received a work schedule to the satisfaction of the City. The work schedule approved by the City shall be incorporated into this Agreement as though set forth in full herein. D. Completion of Work– All work shall be completed by the Contractor within two hundred twenty (220) working days following the date indicated on the Notice to Proceed. II. Contractor shall deliver the following tangible work products to the City by the following dates. A. Daily Inspection Reports B. RFI Logs - 220 Days from Notice To Proceed C. Submittals and Shop Drawing Logs - 220 Days from Notice To Proceed D. Final Punch List - 220 Days from Notice To Proceed III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. B-31 C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-12 C-13 Bill To: CITY OF HERMOSA BEACH CIVIC CENTER 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254 Customer ID SalesPerson Job Site Location: SALES ESTIMATE CITY OF HERMOSA BEACH CIVIC CENTER 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254 Sales Quote Number: Sales Quote Date: CIHE10000 Ramon Menjivar 626-890-7104 Page: SWQ59584 01/09/19 1 Ship Via Terms City of Industry CA 91746 14000 E. Valley Blvd. United Storm Water, Inc. Project Name (626) 961-9326 Contractor License No.:768583 Tel No.: Minority Business Enterprise (MBE) DIR Registration No.: 1000012438 Goods No.UnitDescriptionQuantity Unit Price Total Price No. of Units C0000 EACH284 68.00 19,312.00Catch Basin Cleaning (optional )1 C0000 EACH284 367.00 104,228.00Furnish and Install Certified Full Capture CPS units 1 0.00 123,540.00 123,540.00 0.00 0.00 123,540.00 Subtotal: Invoice Discount: Total: Amount Subject to Sales Tax Amount Exempt from Sales Tax Total Sales Tax: CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 1 of 8 This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between United Storm Water, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A. CONTRACTOR submitted the lowest responsible bid and was awarded a contract by the City of Ranchos Palos Verdes for the installation of connector pipe screen (CPS) units city-wide; and B. CONTRACTOR has agreed to extend the same unit pricing to Hermosa Beach for the same work; and C. On February 12, 2019, City’s City Council determined that formal bidding of the project was not in the public interest because it would not yield a better price than the price being proposed by CONTRACTOR following its recent award of contract in Rancho Palos Verdes, because CONTRACTOR has a proven track record having performed identical work for Hermosa Beach in 2012, and because no other purpose served by formal bidding would be advanced by engaging in the formal bid process; D. The City Council determined to waive the formal bidding process and authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the project: update 284 catch basins to install CPS Units, and require the installation of CPS units on 106 inlets by March 20, 2019 in the City of Hermosa Beach NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the installation of connector pipe screen (CPS) units City-wide in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated November, 2018, (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, Exhibit A and Exhibit B, and all referenced specifications, details, standard drawings, and appendices; together with this 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. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 2 of 8 the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal/ quote and work scope estimate ($104, 228.00) 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 the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof 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. 4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 45 calendar days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5. PREVAILING WAGES. A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 3 of 8 ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 4 of 8 8. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 5 of 8 So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract. 11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions. 12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 6 of 8 13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 17. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 17. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 7 of 8 Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 18. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices 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. CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: ________________________ Project Supervisor CONTRACTOR: __________________________________________ __________________________________________ Attention: __________________________________ 19 DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents. 20 NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 21 NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 22 TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 23 ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 8 of 8 delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 24 GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California CONTRACTOR'S License No. __ CONTRACTOR _________________ By: ____________________________________________ Date TITLE CITY OF HERMOSA BEACH, CALIFORNIA _________________ By: ____________________________________________ Date MAYOR ATTEST: By: ____________________________________________ Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM: _______________________________________________________________ CITY ATTORNEY __________________ Date CITY OF HERMOSA BEACH PUBLIC WORKS DEPARTMENT MEMORANDUM Date: February 11, 2019 To: Honorable Mayor and Members of the Hermosa Beach City Council From: Lucho Rodriguez, Acting Public Works Director Kristy Morris, Environmental Analyst Subject: SUPPLEMENTAL- ITEM 6e: APPROVE CONTRACT WITH UNITED STORM WATER INC TO PURCHASE AND INSTALL STORM DRAIN CATCH BASIN SCREEN DEVICES ON CITY AND COUNTY-OWNED STORM DRAINS The purpose of this Supplemental is to 1) replace the Draft Construction Agreement submitted as Attachment 5 for this item with a revised version and 2) revise the phased implementation approach for the project and request that the Mayor execute a contract with United Storm to implement Phase 1 only. Following the completion of Phase 1, staff will develop a strategy to address the remaining storm drains in Phase 2 to present to City Council for approval at a future meeting. The staff recommendations have been revised to support this approach The Staff recommends that the City Council: 1. Find, based on the information contained in this report, competitive bidding would not produce any advantage and waive the competitive bidding requirement otherwise required; and 2. Authorize the Mayor to execute a contract with United Storm Water for installation of connector pipe screens (CPS) on 123 catch basins for an amount not to exceed $58,855.50 in Phase 1, The revised Draft Construction Agreement correctly reflects the cost and project scope for phase1. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 1 of 8 This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between United Storm Water, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A. CONTRACTOR submitted the lowest responsible bid and was awarded a contract by the City of Ranchos Palos Verdes for the installation of connector pipe screen (CPS) units city- wide; and B. CONTRACTOR has agreed to extend the same unit pricing to Hermosa Beach for the same work; and C. On February 12, 2019, City’s City Council determined that formal bidding of the project was not in the public interest because it would not yield a better price than the price being proposed by CONTRACTOR following its recent award of contract in Rancho Palos Verdes, because CONTRACTOR has a proven track record having performed identical work for Hermosa Beach in 2012, and because no other purpose served by formal bidding would be advanced by engaging in the formal bid process; D. The City Council determined to waive the formal bidding process and authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the project to clean and to install connector pipe screens (CPS) on 123 catch basins in the City of Hermosa Beach. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for cleaning and for the installation of connector pipe screen (CPS) on 123 catch basins in the City of Hermosa Beach. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: NONE. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal/ quote and work scope estimate ($53,505) 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 the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof 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. 4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 45 calendar days from the date of the notice to proceed. By signing this Agreement, CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 2 of 8 CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5. PREVAILING WAGES. A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 3 of 8 contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 8. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 4 of 8 employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California . This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 5 of 8 CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract. 11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions. 12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 6 of 8 15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 17. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 17. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 18. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices 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. CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 7 of 8 CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: ________________________ Project Supervisor CONTRACTOR: __________________________________________ __________________________________________ Attention: __________________________________ 19 DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents. 20 NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 21 NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 22 TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 23 ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 24 GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California CONTRACTOR'S License No. __ CONTRACTOR CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT Page 8 of 8 _________________ By: ____________________________________________ Date TITLE CITY OF HERMOSA BEACH, CALIFORNIA _________________ By: ____________________________________________ Date MAYOR ATTEST: By: ____________________________________________ Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM: _______________________________________________________________ CITY ATTORNEY __________________ Date City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0071 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 LEXIS NEXIS E-COMMERCE AND CROSSROADS AGREEMENT (Acting Police Chief Milton McKinnon) Recommended Action: Staff recommends that the City Council accept the agreements with LexisNexis E-Commerce in partnership with Crossroads to provide Traffic Collision Report Writer and Database Analytics software. Executive Summary: The Hermosa Beach Police Department recently upgraded its Records Management System (RMS) to Mark 43 along with other agencies of the South Bay Consortium,which consists of Gardena PD, Hawthorne PD,Manhattan Beach PD,El Segundo PD,Culver City PD.Mark 43 is a data driven system which automates much of the data entry time required by staff.Unfortunately,Mark 43 does not provide a module for traffic collision reports requiring the reports to be entered manually by the Records Division.During the contract and implementation discussions between the South Bay Consortium and Mark 43,staff learned that Crossroads Software Inc.provides traffic collision report writing and database analytics software which could be integrated into Mark 43,filling the need for a traffic collision reports module.With the Crossroads software,officers could write traffic collision reports electronically and all of the necessary data would be populated in Mark 43 without the current secondary step of Records personnel entering data manually,resulting in a duplication of effort.The cost to purchase the Crossroads software is $26,800.00 for the first year and $1,500.00 fee per year for maintenance and support for the second year and beyond. Crossroads has a partnership with LexisNexis to provide its software to agencies for no charge if the agency is willing to accept an agreement for the LexisNexis E-Commerce.E-Commerce is a service where LexisNexis can distribute accident reports to any authorized person(s)via web-based portals. LexisNexis would have the ability to make limited information from the agency’s accident reports available online to authorized requestors (see limitations below),and to distribute necessary information extracted from those reports as appropriate.LexisNexis would charge the agency’s fee plus a $10 convenience fee to any authorized requestor for an electronic copy of a collision report. The Hermosa Beach Police Department does not currently charge for collision reports and if accepted,authorized requestors would pay $10 to LexisNexis.The Hermosa Beach Police City of Hermosa Beach Printed on 2/8/2019Page 1 of 6 powered by Legistar™ Staff Report REPORT 19-0071 accepted,authorized requestors would pay $10 to LexisNexis.The Hermosa Beach Police Department would continue to provide collision reports to authorized requestors at no charge if they were to contact the Department directly.E-Commerce would not distribute any traffic collision information related to fatal collisions,on-duty emergency vehicles,criminal investigations,or juveniles.The following is a partial list of local agencies who are currently using Crossroads along with an agreement with LexisNexis:Culver City PD,Gardena PD,Hawthorne PD,Inglewood PD, Torrance PD, Huntington Beach PD, and San Diego PD. Background: In California,all law enforcement agencies are required to document traffic collision reports on a standardized form (CHP 555).The CHP 555 requires particular data to be included in each report such as the number of passengers,where each passenger was seated in the vehicle,if each passenger was wearing a seatbelt,if the airbags deployed,the primary collision factor(s),etc.The data from all traffic collision reports are later incorporated into the annual Statewide Integrated Traffic Records System (SWITRS)report that is used by police departments,traffic engineers and planners to identify areas of concern and evaluate the effectiveness of changes in roadway design. Currently,the Hermosa Beach Police Department completes the CHP 555 by either handwriting a report out in the field or by writing the report on the California Automated Reporting System (CARS) program.The CARS program was last updated in 2010 and it is a very basic fill-in-the-blank program which helps officers write reports in the proper CHP 555 format.CARS is a stand-alone program which is not connected to any networks or servers.CARS does not provide any analytical tools which could be used to inform policy decisions on traffic engineering and enforcement.When officers complete their report in CARS,they are required to print a copy and forward it to the supervisor for approval.When either type of report (555 or CARS)has been approved by the supervisor,the physical copy is forwarded to the Records Division to be entered into the Department’s Records Management System (RMS).After the data has been entered into the RMS,a physical copy is mailed to the California Highway Patrol so the data can be copied to the SWITRS report.The requirement for the Records Division to enter data into the RMS is overly redundant and time- consuming.Annual SWITRS data-sets/reports are typically published at least one year after all of the data is collected by the CHP.This delayed reporting hinders local agencies’ability to analyze traffic collision data when making roadway engineering decisions.Upgrading to the Crossroads system would allow the department to maintain a digital data set here locally to conduct more timely evaluations of collision patterns and factors,rather than having to wait on the SWITRS data to be published. Discussion: The City of Hermosa Beach Police Department (HBPD)recently upgraded its RMS with a vendor, Mark 43.Hawthorne Police Department hosts the RMS on its own server.The HBPD has access to this server and stores its records on this server.Mark 43 does not have a traffic module.Therefore, HBPD is in need of new software provider that allows HBPD to draft traffic collision reports and runCity of Hermosa Beach Printed on 2/8/2019Page 2 of 6 powered by Legistar™ Staff Report REPORT 19-0071 HBPD is in need of new software provider that allows HBPD to draft traffic collision reports and run analytics on its reports.Over the course of the last year,HBPD has been in discussions with Crossroads, regarding the services it may be capable of providing to HBPD. Crossroads offers a Report Writer and Analytics System,which would allow HBPD to write traffic collision reports and run analytics on its data derived from traffic collision reports.Crossroads has successfully integrated with Mark 43 to allow traffic collision data to be pulled in to the RMS which would eliminate the need to re-enter data that was previously documented by a Police Officer. Crossroads is currently working with the CHP to establish an upload mechanism to transfer reports electronically.Crossroads is testing the electronic transfer with Inglewood PD and Bakersfield PD and when it is ready to go “live”,it would eliminate the need to print and mail copies to the CHP for the purposes of the SWITRS report.Crossroads would also provide ongoing maintenance and support for the Report Writer and Analytics System,including updates to the most current versions as they become available.These reports are stored on HBPD’s servers and then are released to Crossroads.If purchased,the cost of the Report Writer and Analytics System software is $26,800 for the first year and $1,500.00 fee per year for maintenance and support for year 2 and beyond. Enclosed with this staff report is the Crossroads Cost Proposal and the proposed contract with Crossroads. By law,HBPD must release traffic collision reports to authorized requestors upon request.Authorized requestors are limited to any person who may have a proper interest therein,including but not limited to,the driver or drivers involved,or the guardian or conservator thereof;the parent of a minor driver; the authorized representative of a driver;any named person injured therein;the owners of vehicles or property damaged thereby;persons who may incur civil liability,including liability based upon a breach of warranty arising out of the accident;and any attorney who declares under penalty of perjury that he or she represents any of the above (“Authorized Requestors”)and the California Department of the California Highway Patrol and California Department of Motor Vehicles (“Authorized Enforcement Requestors”)pursuant to California Vehicle Code Section 20000,et seq. (“e-commerce”). Crossroads is willing to provide its Report Writer and Analytics System at no cost to HBPD,if HBPD agrees to share certain reports with LexisNexis.LexisNexis would provide electronic reports to Authorized Requestors on behalf of HBPD.LexisNexis would charge the Department’s fee,plus a $10 convenience fee,for each report sold online.The Hermosa Beach Police Department currently does not currently charge to provide copies of collision reports.If the agreement with LexisNexis and Crossroads is accepted,authorized requestors would pay $10 to obtain traffic collision reports online. LexisNexis would also provide analytics software to HBPD based on the shared report.LexisNexis would not charge HBPD for the analytics software it provides.Enclosed with this staff report is a copy of the contract and e-commerce order with LexisNexis for traffic collision report dissemination. In order to control the reports that are shared with LexisNexis,HBPD is able to create disseminationCity of Hermosa Beach Printed on 2/8/2019Page 3 of 6 powered by Legistar™ Staff Report REPORT 19-0071 In order to control the reports that are shared with LexisNexis,HBPD is able to create dissemination rules for Crossroads to follow.For example,as proposed by HBPD in the contract,Crossroads would not upload traffic collision reports that involve the following facts:(1)fatal collision;(2)on-duty emergency vehicle to transport or attend to an injured person;(3)primary cause of collision is driving under the influence; (4) hit and run or failure to stop; and (5) juvenile. These traffic collision reports may contain protected health information and criminal investigation information.The purpose of these limitations is to prevent HBPD from sharing reports that include health or criminal information with LexisNexis.Generally,HBPD does not include health or criminal information in the narrative of the traffic collision report.This information would be contained in an incident report,which is not shared with LexisNexis or Crossroads.In the event an officer unintentionally provided that information in their reports,the imposed limitations would screen for that user error. If an authorized requestor asks LexisNexis for a report involving a fatality,for example,it would be unable to produce this report.The authorized requestor would need to contact HBPD directly for this traffic collision report.HBPD would then review the traffic collision report and confirm that it does not involve medical or criminal investigation material in the narrative before releasing it. To further protect any non-authorized requestors from obtaining traffic collision reports,LexisNexis utilizes various forms of multi-factor authentication.The Department has the option to choose one of the following options for requestors to locate a report: Option 1 -State,Jurisdiction and one of the following is required:Report number,or First Name, Last Name & Date of Incident or First Name, Last name and Street. Option 2 -State,Jurisdiction and two of the following three is required:First Name and Last Name or Date of Incident or Street. Option 3 -State,Jurisdiction,Report Number and one of the following is required:First Name, Last Name and Date of Incident or First Name, Last Name and Street. Staff’s preference is Option #3 as the listed requirements would provide a secure,yet user friendly, process for retrieving reports. Third party requestors,such as insurance companies,would be required to include company information and billing information.An additional security check is required to ensure that requests are not made by a robot.The Department has an option to enable an additional security feature.If enabled,the system would require two of the three following:date of birth of involved listed party, driver’s license number of involved listed party,or license plate number of involved listed party.If the requestor does not have the required information,they would need to contact the DepartmentCity of Hermosa Beach Printed on 2/8/2019Page 4 of 6 powered by Legistar™ Staff Report REPORT 19-0071 requestor does not have the required information,they would need to contact the Department directly.California Vehicle Code 20012 is also included on every receipt obtained by the purchasers and that information is available to the Department Administrator(s). Staff recommends that the City Council accept the agreements with LexisNexis E-Commerce in partnership with Crossroads to provide Traffic Collision Report Writer and Database Analytics software at no cost to the City. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.PLAN Hermosa was divided into seven elements,each with multiple goals.The acceptance of the agreements with LexisNexis and Crossroads would help accomplish several goals of the Governance Element,Mobility Element and Public Safety Element.The agreements would utilize modern technology to digitize a process which is currently using more time and physical resources than necessary.The agreements would not reduce any of the current services available to authorized requestors but it would give them the option of increased access to those services.The agreements would reduce staff time needed to make redundant data entries and automate an antiquated process. Lastly,the agreements would provide timely analytical tools of traffic collision data for administrators to make more informed decisions about highway design, engineering and enforcement. Governance Element Goal 1 - A high degree of transparency and integrity in the decision-making process ·1.10 Record systems and technology.Maintain record systems and utilize technology that promotes public access. Goal 2 - The community is active and engaged in decision-making processes. ·2.7 Major planning efforts.Require major planning efforts,policies,or projects to include a public engagement effort. Goal 3 - Excellent customer service through the use of emerging technologies. ·3.1 Increased access to services.Strive to provide access to facilities,programs,and services at times and locations that are convenient for residents and businesses. ·3.4 Virtual public counter.As feasible,establish a “virtual”public counter through an online permitting system. Goal 8 - A performance-based management and benchmarking program. ·8.1 Community Indicators.Utilize performance metrics,standards,and data collection procedures to evaluate progress towards goals. Mobility Element Goal 7 -A transportation system that results in zero transportation-related fatalities and which minimizes injuries. ·7.2 Manage speeds.Monitor vehicle speeds through traffic controls,speed limits,and design City of Hermosa Beach Printed on 2/8/2019Page 5 of 6 powered by Legistar™ Staff Report REPORT 19-0071 ·7.2 Manage speeds.Monitor vehicle speeds through traffic controls,speed limits,and design features with the intended purpose of minimizing vehicle accidents,creating a pedestrian and bicycle environment, and discouraging cut-through traffic. ·7.6 Pro-active traffic enforcement.Conduct pro-active traffic enforcement along streets where high collision rates, high speeds, and other unsafe behaviors are reported. ·7.7 Formalize City procedures.Encourage formalizing City procedures for analysis and evaluation of crosswalks and crossing locations citywide and adopt state-of-practice pedestrian improvement guidance aimed at increasing pedestrian safety. Public Safety Element Goal 5 - High quality police and fire protection services provided to residents and visitors. ·5.2 High level of response.Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community. ·5.3 Use of technology.Provide and use smart surveillance technology and communication systems to improve crime prevention and inform the community regarding actions to take in case of emergency. Fiscal Impact: If the City Council concurs with the recommendation to accept the agreements with LexisNexis there would be a small positive fiscal impact as a result of reduced staff time for data entry and materials to send reports to the CHP. There is no available funding in the current fiscal year to purchase the Crossroads software for $26,800. If the City Council decides not to accept the agreements, staff would request funding for this purchase in the 2019-2020 fiscal year. Attachments: 1. Crossroads Software Cost Proposal 2. Hermosa Beach PD Agreement with Crossroads 3. LexisNexis Law Enforcement Agreement for E-Commerce Only 4. LexisNexis E-Commerce Order 5. Accessing CA Collision Reports LexisNexis Overview Respectfully Submitted by: Landon Phillips, Lieutenant Concur: Milton McKinnon, Acting Chief of Police Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 2/8/2019Page 6 of 6 powered by Legistar™ Cost Proposal CP 18-62 Crossroads Software 210 W. Birch Street, Suite 207 Brea, CA 92821 Number: Hermosa Beach For: Item No Item Description Quantity Price AmountTaxable 1 Crossroads Collision Database Analytics Program 1 $13,800.00 $13,800.00No 2 Review and edit a GIS centerline map of the City 1 $1,200.00 $1,200.00No 3 Produce Street Model (Labor)1 $900.00 $900.00No 4 Electronic Input and Verification of SWITRS traffic collision data for five years 1 $1,200.00 $1,200.00No 5 Crossroads Report Writer for Collision Reporting 1 $9,400.00 $9,400.00No 6 Training and Installation (One training session - three hours) 1 $300.00 $300.00No $26,800.00Sub Total $0.00Sales Tax $26,800.00Total 9.50%$0.00on Friday, August 31, 2018 Page 1 of 1 HBPD HERMOSA BEACH AGREEMENT WITH CROSSROADS Page 1 of 24 This Agreement is made on this __th day of __________, ____, at _________, California, by and between CITY OF HERMOSA BEACH POLICE DEPARTMENT, a department in a municipal corporation, (hereinafter referred to as the “HBPD”), located at 540 Pier Ave, Hermosa Beach, CA 90254, and CROSSROADS SOFTWARE, INC. located at 210 West Birch Street, Unit 207, Brea, California 92821 (hereinafter referred to as the “CONTRACTOR”). RECITALS A. HBPD proposes to contract for professional services from CONTRACTOR to provide ongoing maintenance and support for its Crossroads Report Writer and Analytics System; B. CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide such services; C. NOW, THEREFORE, HBPD and CONTRACTOR, mutually agree as follows: 1. SERVICES. 1.1. CONTRACTOR shall provide a license to HBPD for the Crossroads Report Writer System and Crossroads Report Analytics System, which will allow the HBPD to write traffic collision reports and run analytics on its data derived from traffic collision reports on its own servers. 1.2. CONTRACTOR will provide ongoing maintenance and support for the Crossroads Report Writer and Crossroads Report Analytics System, including updates to the most current versions as they become available. 1.3. On a daily basis, HBPD will upload traffic collision reports to CONTRACTOR’S server. CONTRACTOR will then apply a set of restrictive rules on the traffic collision reports and upload the approved traffic collision reports to Lexis Nexis. CONTRACTOR will not upload to LexisNexis traffic collision reports that contain the following facts: (1) fatal collision; (2) on duty emergency vehicle to transport or attend to an injured person; (3) primary cause of collision is driving under the influence; (4) hit and run or failure to stop; and (5) juvenile. These traffic collision reports may contain protected health information and criminal investigation information. CONTRACTOR will immediately delete the traffic collision reports from its server following its upload to Lexis Nexis. 1.4. Lexis Nexis will store those traffic collision reports on its own server. LexisNexis will then disseminate the reports to authorized persons, which are limited to any person who may have a proper interest therein, including but not limited to, the driver or drivers involved, or the guardian or conservator thereof; the parent of a minor driver; the authorized representative of a driver; any name person injured therein; the owners of vehicles or property damaged thereby; persons who may incur civil liability, including liability based upon a breach of warranty arising out of the accident; and any attorney who declares under penalty of perjury that he or she represents any of the above (“Authorized Requestors”) and the California Department of the California Highway Patrol and California Department of Motor Vehicles (“Authorized HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 2 of 24 Enforcement Requestors”) pursuant to California Vehicle Code Section 20000, et seq. (“e-commerce”). 2. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall automatically renew each year unless terminated by either party in accordance with Section 13 of this Agreement. 3. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon full execution of this Agreement by all parties. Should any changes be needed to complete the services, the parties shall execute an amendment to this Agreement, which must be approved in writing by both parties. 4. PAYMENT FOR SERVICES. CONTRACTOR shall receive no money for services provided pursuant to this Agreement in consideration of the fact that HBPD has agreed to share its traffic collision reports with Lexis Nexis for e-commerce purposes. Compensation shall under no circumstances be increased except by written amendment of this Agreement. 5. DEFINITIONS. 5.1. HBPD DATA: The data includes, without limitation, all collected, used, maintained, processed, stored, or generated by or on behalf of the HBPD in the Crossroads Report Writer System and Crossroads Report Analytics System. HBPD DATA includes without limitation CONFIDENTIAL INFORMATION. 5.2. CONFIDENTIAL INFORMATION: Confidential HBPD Information including, but not limited to, personally-identifiable information, protected health information, or individual financial information (collectively, “Proprietary of CONFIDENTIAL INFORMATION”) that is subject to local, state, or federal laws restricting the use and disclosure of such information, including, but not limited to Article 1, Section 1 of the California Constitution; the California Information Practices Act (Civil Code Section 1798 et seq.); the California Confidentiality of Medical Information Act (Civil Code Section 56 et seq.); the federal Gramm-Leach-Bliley Act (15 U.S.C. Sections 6801(b) and 6805(b)(2)); the privacy and information security aspects of the Administrative Simplification provisions of the federal Health Insurance Portability and Accountability Act (45 CFR Part 160 and Subparts A, C, and E of part 164). 5.3. DATA BREACH: Any access, destruction, loss, theft, use modification or disclosure of HBPD DATA by an unauthorized party of that is in violation of the Agreement terms and/or applicable local, state, or federal law. 6. CONTRACT ADMINISTRATION. 6.1. HBPD’s Representative. Unless otherwise designated in writing, Lt. Landon Phillips, shall serve as HBPD’s representative for the administration of the project. All activities performed by CONTRACTOR shall be coordinated with this person. HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 3 of 24 6.2. Manager-in-Charge. For CONTRACTOR, Jeff Cullen shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on CONTRACTOR. The Manager- in-Charge shall not be replaced without the written consent of HBPD. 6.3. Personnel. CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified and competent to perform such services. CONTRACTOR will comply with HBPD’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at HBPD’s request, must be supervised by CONTRACTOR. 6.3.1. Subcontractor Disclosure: CONTRACTOR shall identify all of its strategic business partners related to SERVICES provided under this Agreement, including but not limited to entities who shall be involved in any application development and/or operations. 6.3.2. Assignment and Subcontracting. The parties recognize that a substantial inducement to HBPD for entering into this Agreement is the professional reputation, experience, and competence of CONTRACTOR. Assignments of any or all rights, duties, or obligations of CONTRACTOR under this Agreement will be permitted only with the express consent of HBPD. CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of HBPD. If HBPD consents to such subcontract, CONTRACTOR shall be fully responsible to HBPD for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between HBPD and subcontractor nor shall it create any obligation on the part of HBPD to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 6.3.3. Background Checks: CONTRACTOR shall conduct criminal background checks and not utilize any staff, including subcontractors, to fulfill the obligations of the contract who have been convicted of any crime of dishonesty, including but not limited to criminal fraud, or otherwise convicted of any felony or misdemeanor offense for which incarceration for up to 1 year is an authorized penalty. CONTRACTOR shall promote and maintain an awareness of the importance of securing HBPD DATA among CONTRACTOR’s employees and agents. 6.4. Responsibility for Equipment. HBPD shall not be responsible for any damages to persons or property as a result of the use, misuse, or failure of any equipment used by CONTRACTOR, or by any of its employees, even though such equipment be furnished, rented, or loaned to CONTRACTOR by HBPD. The acceptance or use of such equipment by CONTRACTOR or any of its employees means that CONTRACTOR accept full responsibility for and HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 4 of 24 agrees to exonerate, indemnify, defend, and save harmless HBPD from and against any and all claims for damages or injury of any type arising from the use, misuse, or failure of such equipment, whether such damage be to CONTRACTOR, its employees, HBPD employees, or third parties, or to property belonging to any of the above. 7. HBPD DATA. 7.1. Type of Data. HBPD DATA includes: (a) the HBPD’s data that is collected, used, processed, stored, or generated as a result of the use of CONTRACTOR’s Services; and (b) personally identifiable information (PII) collected, used, processed, stored, or generated as the result of the use of CONTRACTOR’s Services, including without limitation, any information that identifies an individual, such as the individual’s social security number or other government-issued identification number, date of birth, address, telephone number, biometric data, mother’s maiden name, email address, credit card information, or an individual’s name in combination with any other of the elements listed herein. 7.2. Data Ownership: HBPD will own all rights, including all intellectual property rights, in and to HBPD DATA to the extent allowable by law and any derivative works of HBPD DATA will remain the exclusive property of HBPD. 7.3. Data Protection: Protection of personal privacy and Data shall be an integral part of the business activities of CONTRACTOR to ensure there is no inappropriate or unauthorized access or use of HBPD DATA at any time. To this end, CONTRACTOR shall safeguard the confidentiality, integrity, and availability of HBPD DATA and comply with the following conditions: 7.3.1. CONTRACTOR shall implement and maintain appropriate administrative, technical, and organizational security measures to safeguard against unauthorized access, disclosure, or theft of HBPD DATA. Such security measures shall be in accordance with recognized industry practice. 7.3.2. All Data obtained by CONTRACTOR in the performance of this Agreement shall become and remain property of HBPD. 7.3.3. CONTRACTOR shall not use any information collected in connection with the service issued from this proposal for any purpose other than fulfilling the service without HBPD’s express written consent. 7.4. Use of HBPD DATA: CONTRACTOR is provided a limited non-exclusive license to use HBPD DATA solely for performing its obligations under the Agreement and not for CONTRACTOR’s own purposes or later use. CONTRACTOR shall not access HBPD DATA, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of this Agreement, or (4) at HBPD’s written request. Unauthorized use of HBPD DATA by CONTRACTOR or third parties is prohibited. For purposes of this requirement, the phrase “unauthorized use” means the data mining or processing of data, stored, or transmitted by the HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 5 of 24 Service for unrelated commercial purposes, advertising or advertising-related purposes, or for any other purpose other than security or service delivery analysis that is no explicitly authorized. 7.5. Access to and Extraction of HBPD DATA: HBPD shall have access to HBPD DATA twenty-four (24) hours a day, seven (7) days a week. CONTRACTOR shall create a digital, reusable copy of HBPD DATA, in whole and in parts, as a platform independent and machine-readable file. Such file formats include, without limitation, plain text files such as comma-delimited tables, extensible markup language, and javascript object notation. HBPD DATA which is stored in binary formats, including without limitation portable document format, JPEG, and portable network graphics files, shall instead be reproducible in the same format in which it was provided to CONTRACTOR. CONTRACTOR warrants that HBPD shall be able to extract HBPD DATA from CONTRACTOR’s Services on demand, but no later than twenty-four (24) hours of HBPD’s request, without charge and without any conditions or contingencies whatsoever (including but not limited to the payment of any fees to CONTRACTOR). 8. Data Security Incident or DATA BREACH: In the event of any Data security incident, DATA BREACH, act, error, omission, negligence, or misconduct that compromises or is suspected to compromise security, confidentiality, or integrity of HBPD DATA or the physical, technical, administrative, or organizational safeguards put in place by CONTRACTOR that relate to the protection of the security, confidentiality, or integrity of HBPD DATA, CONTRACTOR shall, as applicable: 8.1. Notify the appropriate HBPD identified person in this Agreement as soon as practicable, but no later than twenty-four (24) hours of becoming aware of such occurrence or suspected occurrence. CONTRACTOR shall also provide the following information: 8.1.1. The nature of the unauthorized access, use, or disclosure; 8.1.2. The information accessed, used, or disclosed; 8.1.3. The person(s) who accessed, used, and disclosed and/or received protected information, if known; 8.1.4. The efforts and steps CONTRACTOR has taken or will take to mitigate any deleterious effect of unauthorized access, use, or disclosure; and 8.1.5. The corrective action CONTRACTOR has taken or will take to prevent future unauthorized access, use, or disclosure. 8.2. In the event of a suspected DATA BREACH, CONTRACTOR shall keep HBPD informed regularly of the progress of its investigation until the uncertainty is resolved. 8.3. In the event of a DATA BREACH, CONTRACTOR shall coordinate with HBPD in CONTRACTOR’s following DATA BREACH responsibilities: HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 6 of 24 8.3.1. Immediately preserve any potential forensic evidence relating to the DATA BREACH, and remedy the DATA BREACH as quickly as circumstances permit; 8.3.2. Promptly (within two (2) business days) designate a contact person to whom HBPD will direct inquiries, and who will communicate CONTRACTOR’s responses to HBPD’s inquires; 8.3.3. As rapidly as circumstances permit, apply appropriate resources to remedy the DATA BREACH condition, investigate, document, restore SERVICES as directed by HBPD, and undertake appropriate response activities; 8.3.4. Provide status reports to HBPD on DATA BREACH response activities, either on a daily basis or a frequency approved by HBPD; 8.3.5. Make all reasonable efforts to assist and cooperate with HBPD in its DATA BREACH response efforts; 8.3.6. Ensure that knowledgeable staff members of CONTRACTOR are available on short notice, if needed, to participate in HBPD-initiated meetings and/or conference calls regarding the DATA BREACH; and 8.3.7. Cooperate with HBPD in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by HBPD. 8.3.8. In the case of personally identifiable information (PII) or protected health information (PHI), at HBPD’s sole election: (a) notify the affected individuals as soon as practicable, but no later than is required to comply with applicable law, or in the absence of any legally required notification period, within five (5) calendar days of the occurrence; or, (b) reimburse HBPD for any costs in notifying the affected individuals 8.3.9. In the case of PII, provide third-party credit and identity monitoring services to each of the affected individuals who comprise the PII for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no fewer than eighteen (18) months following the date of notification to such individuals. 8.3.10. In the case of PII provide a website or a toll-free number and call center for affected individuals who comprise the PII as required by applicable law. 8.3.11. Perform or take any other actions required to comply with applicable law as a result of the DATA BREACH. HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 7 of 24 8.3.12. Without limiting CONTRACTOR’s obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless HBPD for any and all claims, including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from HBPD in connection with the occurrence. 8.3.13. Recreate lost HBPD DATA in the manner and on the schedule set by HBPD without charge to HBPD. 8.3.14. Provide HBPD with a detailed plan within ten (10) calendar days of the DATA BREACH describing the measures CONTRACTOR will undertake to prevent a future DATA BREACH. 8.3.15. The Notification to affected individuals, as described above, shall comply with applicable law, be written in plain language, and contain (at HBPD’s election) information that may include: (a) name and contact information of CONTRACTOR’s (or HBPD’s) representative; (b) a description of the nature of the loss; (c) how such loss may affect the individual; (d) what steps the affected individual can take to protect himself or herself; (e) contact information for major credit card reporting agencies; and (f) information regarding the credit and identity monitoring services to be provided by CONTRACTOR. 8.3.16. CONTRACTOR shall bear the costs associated with (1) the investigation and resolution of the DATA BREACH; (2) notifications to individuals, regulators, or others required by state law; (3) a credit monitoring service required by state (or federal) law; (4) a website or a toll-free number and call center for affected individuals required by state law; and (5) complete all corrective actions as reasonably determined by CONTRACTOR based on root cause. 8.3.17. CONTRACTOR shall retain and preserve HBPD DATA in accordance with HBPD’s instruction and requests, including without limitation any retention schedules and/or litigation hold orders provided by HBPD to CONTRACTOR independent of where HBPD DATA is stored. 8.3.18. CONTRACTOR shall contact HBPD upon receipt of any electronic discovery, litigation holds, discovery searches, and expert testimonies related to HBPD DATA under this Agreement. CONTRACTOR shall not respond to subpoenas, service of process, and other legal requests related to HBPD without first notifying HBPD, unless prohibited by law from providing such notice. 8.3.19. HBPD shall conduct all media communications related to such a DATA BREACH unless at its sole discretion it directs CONTRACTOR to do so. HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 8 of 24 9. PROPRIETARY OR CONFIDENTIAL INFORMATION. 9.1. Proprietary or CONFIDENTIAL INFORMATION of HBPD. CONTRACTOR understands and agrees that, in the performance of the work under this Agreement or in contemplation thereof, CONTRACTOR may have access to private or CONFIDENTIAL INFORMATION which may be owned or controlled by HBPD and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to HBPD. CONTRACTOR agrees that all information disclosed by HBPD to CONTRACTOR shall be held in confidence and used only in performance of the Agreement. CONTRACTOR shall exercise the same standard of care to protect such information as a reasonably prudent CONTRACTOR would use to protect its own proprietary data. 9.2. Obligation of Confidentiality. The parties agree to hold all CONFIDENTIAL INFORMATION in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such CONFIDENTIAL INFORMATION to third parties other than employees, agents, or subcontractors except as authorized pursuant to this Agreement or to use such CONFIDENTIAL INFORMATION for any purposes whatsoever other than the performance of this Agreement. The parties agree to advise and require their respective employees, agents, and subcontractors of their obligations to keep all CONFIDENTIAL INFORMATION confidential. 9.3. Nondisclosure. The receiving party of proprietary or CONFIDENTIAL INFORMATION agrees and acknowledges that it shall have no proprietary interest in the CONFIDENTIAL INFORMATION and will not disclose, communicate, nor publish the nature or content of such information to any person or entity, nor use, except in connection with the performance of its obligations under this Agreement or as otherwise authorized in writing by the disclosing party, any of the CONFIDENTIAL INFORMATION it produces, receives, acquires or obtains from the disclosing party. The receiving party shall take all necessary steps to ensure that the CONFIDENTIAL INFORMATION is securely maintained. The receiving party's obligations set forth herein shall survive the termination or expiration of this Agreement. In the event the receiving party becomes legally compelled to disclose any of the CONFIDENTIAL INFORMATION, it shall provide the disclosing party with prompt notice thereof and shall not divulge any information until the disclosing party has had the opportunity to seek a protective order or other appropriate remedy to curtail such disclosure. If such actions by the disclosing party are unsuccessful, or the disclosing party otherwise waives its right to seek such remedies, the receiving party shall disclose only that portion of the CONFIDENTIAL INFORMATION which it is legally required to disclose. 9.4. Cooperation to Prevent Disclosure of CONFIDENTIAL INFORMATION. Each party shall use its best efforts to assist the other party in identifying and preventing any unauthorized use or disclosure of any CONFIDENTIAL INFORMATION. Without limiting the foregoing, each party shall advise the other party immediately in the event either party learns or has reason to believe that any person who has had access to CONFIDENTIAL INFORMATION has violated or intends to violate the terms of this Agreement HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 9 of 24 and each party will cooperate with the other party in seeking injunctive or other equitable relief against any such person. 9.5. Remedies for DATA BREACH of Obligation of Confidentiality. Each party acknowledges that DATA BREACH of its obligation of confidentiality may give rise to irreparable damages. Accordingly, a party may seek and obtain injunctive relief against the DATA BREACH or threatened DATA BREACH of the foregoing undertakings, in addition to any other legal remedies which may be available, to include, in the case of HBPD, at the sole election of HBPD, the immediate termination, without liability to HBPD, of this Agreement. 9.6. Data Security. CONTRACTOR shall at all time during this Agreement provide and maintain up-to-date security with respect to the following, (a) the SERVICES; (b) CONTRACTOR’s website; (c) CONTRACTOR’s physical facilities; and (d) CONTRACTOR’s networks, to prevent unauthorized access or “hacking” of HBPD DATA. 9.6.1. CONTRACTOR shall provide security for its networks and all internet connections consistent with best practices observed by well- managed companies working in the financial services industry, and will promptly install all patches, fixes, upgrade, update, and new versions of any security software it employs. 9.6.2. CONTRACTOR will maintain appropriate safeguards to restrict access to HBPD DATA to those employees, agents, or service providers of CONTRACTOR who need the information to carry out the purposes for which it was disclosed to CONTRACTOR. 9.6.3. For information disclosed in electronic form, CONTRACTOR agrees that appropriate safeguards include electronic barriers (e.g., “firewalls”; Transportation Layer Security (TLS); Secure Socket Layer [SSL] encryption, or most current industry standard encryption, intrusion prevention/detection or similar barriers) and secure authentication (e.g. password protected) access to HBPD’s CONFIDENTIAL INFORMATION and hosted HBPD DATA. 9.6.4. For information disclosed in written form, CONTRACTOR agrees that appropriate safeguards include secured storage of HBPD DATA. HBPD DATA shall be encrypted at rest and in transit with controlled access. 9.6.5. CONTRACTOR also will establish and maintain any additional physical, electronic, administrative, technical, and procedural controls, and safeguards to protect HBPD DATA that are no less rigorous than accepted industry practices (including, as periodically amended or updated, the International Organization for Standardization’s standards: ISO/IEC 27001:2005 – Information Security Management Systems – Requirements and ISO-IEC 27001:2005 – Information Security Management Systems – Requirements and ISO-IEC 27002:2005 – Code of Practice for International Security Management, NIST Special Publication 800-53 HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 10 of 24 Revision 4 or its successor, the Information Technology Library (ITIL) Standards, the Control Objectives for Information and related Technology (COBIT) Standards or other applicable industry standards for information security), and shall ensure that all such controls and safeguards, including the manner in which CONFIDENTIAL INFORMATION is collected, accessed, used, stored, proceeded, disposed of and disclosed, comply with applicable data protection and privacy laws, as well as the terms and conditions of this Agreement. 9.6.6. CONTRACTOR warrants to HBPD compliance with the following (as periodically amended or updated) as applicable and required: 9.6.6.1. Federal Driver’s Privacy Protection Act (18 U.S.C. Section 2721, et seq.) and data analogues; 9.6.6.2. The California Information Practices Act (Civil Code Section 1798, et seq.); 9.6.6.3. The Federal Risk and Authorization Management Program (FedRAMP) certification, where federal funding is involved, and show evidence of having an active compliance program; 9.6.6.4. Based upon HBPD’s classification of Data, as applicable: (a) relevant security provisions of the Social Security Administration (SSA) Document Electronic Information Exchange Security Requirement and Procedures for State and Local Agencies Exchanging Electronic Information with the Social Security Administration; (b) relevant security provisions of the Criminal Justice Services (CJIS) Security policy; (c) relevant security provisions of the Medi-Cal Privacy and Security Agreement between the California Department of Health Care Services and the County of Los Angeles. 9.7. Data Transmission. CONTRACTOR shall ensure that all electronic transmission or exchange of system data with HBPD and/or any other parties expressly designated by HBPD shall take place via encrypted secure means (using HTTPS or SFTP or most current electronic encryption methods). CONTRACTOR shall also ensure that all data exchanged shall be used expressly and solely for the purposes enumerate in the Agreement. Data shall not be distributed, repurposed, or shared across other applications, environments, or business units of CONTRACTOR. CONTRACTOR shall ensure that no HBPD DATA of any kind shall be copied, modified, destroyed, deleted, transmitted, exchanged, or otherwise passed to other vendors or interested parties except on case-by-case basis as specifically agreed to in writing by HBPD. Access to HBPD DATA by CONTRACTOR from outside the continental United States is prohibited. 10. PROTECTED HEALTH INFORMATION. CONTRACTOR, all subcontractors, agents, and employees of CONTRACTOR, and any other subcontractor shall comply with all HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 11 of 24 federal and state laws regarding the transmission, storage, and protection of all private health information disclosed to CONTRACTOR by HBPD in the performance of this Agreement. CONTRACTOR agrees that any failure of CONTRACTOR to comply with the requirements of federal and/or state and/or local privacy laws shall be a material DATA BREACH of the Agreement. In the event that HBPD pays a regulatory fine, and/or is assessed civil penalties or damages through private rights of action, based on impermissible use or disclosure of protected health information given to CONTRACTOR or its subcontractors or agents by HBPD, CONTRACTOR shall indemnify HBPD for the amount of such fine or penalties or damages, including costs of notification and remedy. In such an event, in addition to any other remedies available to it under equity or law, HBPD may terminate the Agreement. 11. PAYMENT CARD INDUSTRY COMPLIANCE. CONTRACTORS providing SERVICES and products that handle, transmit, or store cardholder data, are subject to the following requirements: 11.1. Applications shall be compliant with the Payment Application Data Security Standards (PA-DSS) and validated by a Payment Application Qualified Security Assessor (PA-QSA). A CONTRACTOR whose application has achieved PA-DSS certification must then be listed on PCI Security Standards Council’s list of PA-DSS approved and validated payment applications. 11.2. Gateway providers shall have appropriate PCI-DSS certification as service providers. Compliance with PCI DSS shall be achieved through a third party audit process. CONTRACTOR shall comply with Visa Cardholder Information Security Program (CISP) and MasterCard Site Data Protection programs. 11.3. For any CONTRACTOR that processes PIN Debit Cards, payment card devices supplied by CONTRACTOR shall be validated against the PCI Council Pin Transaction Security (PTS) program. 11.4. CONTRACTOR shall provide a letter from their qualified security assessor (QSA) affirming their compliance and current PCI or PTS compliance certificate. 11.5. CONTRACTOR shall be responsible for furnishing HBPD with an updated PCI compliance certificate 30 days prior to its expiration. 11.6. Collections that represent funds belonging to the HBPD shall be deposited, without detour to a third party’s bank account, into a HBPD bank account designated by the Office of the Treasurer and Tax Collector. 12. TERMINATION. 12.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party one hundred and twenty (120) calendar days' written notice of such termination. In the event of such termination, CONTRACTOR shall cease SERVICES as of the date of termination and shall be compensated for SERVICES performed to HBPD's satisfaction up to the date of termination. HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 12 of 24 12.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a DATA BREACH of this Agreement. Should the Agreement be breached in any manner, HBPD may, at its option, terminate the Agreement not less than five (5) calendar days after written notification is received by CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, CONTRACTOR shall be responsible for any additional costs incurred by HBPD in securing the SERVICES from another contractor. 12.3. Bankruptcy. In the event that either party shall cease conducting business in the normal course, become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or assets or shall avail itself of, or become subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of rights of creditors, then at the option of the other party this Agreement shall terminate and be of no further force and effect. Upon termination of this Agreement pursuant to this Section, CONTRACTOR shall within forty-eight (48) hours return HBPD DATA in an agreed-upon machine readable format. Once CONTRACTOR has received written confirmation from HBPD that HBPD DATA has been successfully transferred to HBPD, CONTRACTOR shall within thirty (30) calendar days purge all HBPD DATA from its hosted servers and provide HBPD with written certification that such purge occurred. Such Data transfer shall be done at no cost to HBPD 12.4. Termination and Suspension of Service: 12.4.1. In the event of a termination of the contract, CONTRACTOR shall implement an orderly return of HBPD DATA in a format as described in this Agreement at a time agreed to by the parties and the subsequently secure disposal of HBPD DATA. 12.4.2. During any period of service suspension, CONTRACTOR shall not take any action to intentionally erase or otherwise prevent access to any of HBPD DATA. 12.4.3. In the event of termination of any SERVICES or agreement in entirety, CONTRACTOR shall not take any action to intentionally erase any of HBPD DATA for a period of:  30 calendar days after the effective date of termination, if the termination is in accordance with the contract period.  60 calendar days after the effective date of termination, if the termination is for cause.  90 calendar days after the effective date of termination, if the termination is for convenience. HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 13 of 24 After such period, CONTRACTOR shall, unless legally prohibited, delete all of HBPD DATA in its systems or otherwise in its possession or under its control. 12.4.4. HBPD shall be entitled to any post-termination assistance generally made available with respect to the SERVICES, including assistance to decrypt otherwise encrypted HBPD DATA. 12.4.5. CONTRACTOR shall securely dispose of all of HBPD DATA in all of its forms, such as disk, CD/DVD, backup tape, and paper, when requested by HBPD. Data shall be permanently deleted and shall not be recoverable, according to NIST-approved methods. Certificates of destruction shall be provided to HBPD. 13. INDEMNIFICATION. 13.1. General Indemnification. 13.1.1. Liability. CONTRACTOR shall indemnify and hold harmless HBPD and its officers, agents, and employees from, and, if requested, shall defend it against any and all loss, cost, damage, injury, liability, and claims thereof for injury to or death of a person, including employees of CONTRACTOR or loss of or damage to property, arising directly or indirectly from CONTRACTOR’s performance of this AGREEMENT, including, but not limited to, CONTRACTOR’s use of facilities or equipment provided by HBPD or others, regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on HBPD, except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect or validly retroactive to the date of this AGREEMENT. 13.1.2. Fees and Costs. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and HBPD’s costs of investigating any claims against HBPD. In addition to CONTRACTOR’s obligation to indemnify HBPD, CONTRACTOR specifically acknowledges and agrees that it has an immediate and independent obligation to defend HBPD from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to CONTRACTOR by HBPD and continues at all times thereafter. 13.1.3. Exception. This indemnity obligation will exclude such loss or damage which is determined to be caused by the sole negligence or willful misconduct of HBPD and is not contributed to by any act, or by any omission to perform some duty imposed by law or agreement on CONTRACTOR, its subcontractors or either’s agent or employee. HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 14 of 24 13.2. Infringement Indemnification. 13.2.1. Judicial Action. If notified promptly in writing of any judicial action brought against HBPD based on an allegation that HBPD’s use of the SERVICES infringes a patent, copyright, or any right of a third party or constitutes misuse or misappropriation of a trade secret or any other right in intellectual property (Infringement), CONTRACTOR will hold HBPD harmless and defend such action at its own expense. CONTRACTOR will pay the costs and damages awarded in any such action or the cost of settling such action, provided that CONTRACTOR shall have sole control of the defense of any such action and all negotiations or its settlement or compromise. 13.2.2. Informal Claim. If notified promptly in writing of any informal claim (other than a judicial action brought against HBPD) based on an allegation that HBPD’s use of the SERVICES constitutes Infringement, CONTRACTOR will pay the costs associated with resolving such claim and will pay the settlement amount (if any), provided that CONTRACTOR shall have sole control of the resolution of any such claim and all negotiation for its settlement. 13.2.3. Final Injunction. In the event a final injunction is obtained against HBPD’s use of the SERVICES by reason of Infringement, or in CONTRACTOR’s opinion HBPD’s use of SERVICES is likely to become the subject of Infringement, CONTRACTOR may at its option and expense: (a) procure for HBPD the right to continue to use the SERVICES as contemplated hereunder; (b) replace the SERVICES with a non-infringing, functionally equivalent substitute SERVICES; or (c) suitability modify the SERVICES to make its use hereunder non-infringing while retaining functional equivalency to the unmodified version of the SERVICES. If none of these options is reasonably available to CONTRACTOR, then the Agreement or relevant part of such Agreement may be terminated at the option of either party hereto and CONTRACTOR shall refund to HBPD all amounts paid under this Agreement for the use of such SERVICES. Any unauthorized modification or attempted modification of SERVICES by HBPD shall void this indemnity unless HBPD has obtained prior written authorization from CONTRACTOR permitting such modification or attempted modification. 13.2.4. Exception. CONTRACTOR shall have no liability for any claims of Infringement based on HBPD’s use or combination of the SERVICES with products or data of the type for which the SERVICES was neither designed nor intended to be used. 13.3. For purposes of this paragraph, HBPD means the HBPD of Hermosa Beach’s HBPD Council and its subordinate bodies, elected and appointed HBPD officials and officers, HBPD employees and authorized agents and volunteers of HBPD. HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 15 of 24 13.4. Survival. The obligations established by this paragraph will survive termination of this Agreement. 14. INSURANCE REQUIREMENTS. 14.1. Without in any way limiting CONTRACTOR’s liability pursuant to the “Indemnification” section of this Agreement, CONTRACTOR, at CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 14.1.1. Workers’ Compensation Coverage. CONTRACTOR shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, CONTRACTOR shall require any and every subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by HBPD at least thirty calendar (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against HBPD, its officers, agents, employees, and volunteers for losses arising from work performed by CONTRACTOR for HBPD. This provision shall not apply if CONTRACTOR has no employees performing work under this Agreement. If CONTRACTOR has no employees for the purposes of this Agreement, CONTRACTOR shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto and incorporated herein by reference as “Exhibit A.” 14.1.2. General Liability Coverage. CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including contractual liability and products and completed operations liability. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.1.3. Automobile Liability Coverage. CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than three hundred thousand dollars ($300,000) combined single limit for each occurrence. If CONTRACTOR or CONTRACTOR’s employees will use personal automobiles in any HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 16 of 24 way on this project, CONTRACTOR shall obtain evidence of personal automobile liability coverage for each such person. 14.1.4. Cyber Security Insurance Coverage. CONTRACTOR shall maintain Cyber and Privacy Insurance with limits of not less than $1,000,000 per occurrence. Such insurance shall include coverage for liability arising from theft, dissemination, and/or use of CONFIDENTIAL INFORMATION, including but not limited to, bank and credit card account information or personal information, such as name, address, social security numbers, protected health information or other personally identifying information, stored or transmitted in electronic form. 14.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best’s rating of no less than A-: VII. Each general liability and automobile liability insurance policy shall be endorsed with the language of Sections 9.2.1-9.2.6 below. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise. 14.2.1. Additional Insured Clause. “HBPD, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.” 14.2.2. Primary Insurance Clause. This policy shall be considered primary insurance as respect to HBPD, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by HBPD, including any self-insured retention HBPD may have, shall be considered excess insurance only and shall not contribute with this policy. 14.2.3. Separation of Insured Clause. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 14.2.4. Failure to Report to Insurer. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to HBPD, its elected or appointed officers, officials, employees, agents, or volunteers. 14.2.5. Waiver of Right to Subrogation Clause. CONTRACTOR, and its insurer through endorsement, waives all rights of subrogation against HBPD, its elected or appointed officers, officials, employees, or agents regardless of the applicability of any insurance proceeds, and agrees to have all subcontractors, and subcontractors’ insurers through endorsement, to do likewise. HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 17 of 24 14.2.6. Notice of Change in Insurance. The insurance provided by this policy shall not be suspended, voided or reduced in coverage or in limits except after thirty (30) calendar days’ written notice has been submitted to HBPD and approved of in writing, except in the case of cancellation, for which ten (10) calendar days’ written notice shall be provided. 14.3. Notice to HBPD. CONTRACTOR agrees to provide immediate notice to HBPD of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. HBPD assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve HBPD. CONTRACTOR also agrees to provide immediate written notice to HBPD if any insurance policy listed above is suspended, voided, or reduced in coverage or limits. CONTRACTOR agrees to have all subcontractors to do likewise. 14.4. Claims-made policies. Should any of the required insurance be provided under a claims-made form, CONTRACTOR shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that should occurrences during the contract term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies. 14.5. Defense costs. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall double the occurrence or claims limits specified above. 14.6. Acknowledgment of the Minimum Amount of Coverage. Notwithstanding the provisions included in any of the ISO Additional Insured Endorsement forms, CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amounts of coverage required. Any insurance proceeds available to HBPD in excess of the limits and coverage required in this agreement and which is applicable to a given loss will be available to HBPD. 14.7. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow HBPD, as additional insured, to satisfy the self-insured retention (SIR) and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of HBPD Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material DATA BREACH of this Agreement. Should HBPD pay the SIR or deductible on Owner’s behalf upon the Owner’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, HBPD may include such amounts as damages in any action against Owner for DATA BREACH of this Agreement HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 18 of 24 in addition to any other damages incurred by HBPD due to the DATA BREACH. 14.8. Certificates of Insurance. CONTRACTOR shall provide certificates of insurance with original endorsements to HBPD as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with HBPD on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with HBPD at all times during the term of this Agreement. CONTRACTOR shall provide written evidence of current automobile coverage to comply with the automobile insurance requirement. 14.9. Failure to Procure Insurance. Failure on the part of CONTRACTOR to procure or maintain required insurance shall constitute a material DATA BREACH of contract under which HBPD may terminate this Agreement pursuant to Section 6.2 above (Termination for Cause). 15. NON-DISCLOSURE AND SEPARATION OF DUTIES: CONTRACTOR shall enforce separation of job duties, require commercially reasonable non-disclosure agreements, and limit staff knowledge of HBPD DATA to that which is absolutely necessary to perform job duties. 16. FORCE MAJEURE. 16.1. Liability. No party shall be liable for any default or delay in the performance of its obligations under this Agreement if: (a) the default or delay is caused, directly or indirectly, by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, or any other cause beyond the reasonable control of either Party; and (b) the non-performing party is without fault in causing reasonable. 16.2. Duration. In such an event, the non-performing party shall be excused from further performance or observation of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance. Any party so delayed in its performance shall immediately notify the party to whom performance is due by telephone (to be confirmed in writing within two (2) days of inception of such delay) and describe at a reasonable level of detail the circumstances causing such delay. 16.3. Effect. If such an event delays or prevents performance for more than fifteen (15) consecutive, calendar days, then at HBPD’s option: (a) HBPD may terminate any portion of this Agreement so affected and the charges payable hereunder shall be equitably adjusted to reflect those terminated SERVICES; or (b) HBPD may terminate this Agreement without liability to HBPD or CONTRACTOR as of the date specified in HBPD’s written notice of termination to CONTRACTOR. CONTRACTOR shall not have the right to any additional payments from HBPD for costs or expenses incurred by CONTRACTOR as a result of any force majeure condition that lasts longer than three (3) calendar days. HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 19 of 24 17. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. 17.1. Taxes. CONTRACTOR agrees to pay all required taxes on amounts paid to CONTRACTOR under this Agreement, and to indemnify and hold HBPD harmless from any and all taxes, assessments, penalties, and interest asserted against HBPD by reason of the independent contractor relationship created by this Agreement. In the event that HBPD is audited by any Federal or State agency regarding the independent contractor status of CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between HBPD and CONTRACTOR, then CONTRACTOR agrees to reimburse HBPD for all costs, including accounting and attorneys’ fees, arising out of such audit and any appeals relating thereto. 17.2. Workers’ Compensation Law. CONTRACTOR shall fully comply with the workers’ compensation law regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold HBPD harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. HBPD shall have the right to offset against the amount of any compensation due to CONTRACTOR under this Agreement any amount due to HBPD from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to HBPD any reimbursement or indemnification arising under this Section. 17.3. Licenses. CONTRACTOR represents and warrants to HBPD that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to HBPD that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a HBPD of Hermosa Beach business license, if required under HBPD ordinance. 18. CONFLICT OF INTEREST. CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation. 19. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 20 of 24 condition, or pregnancy or pregnancy-related condition. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to include in all solicitations or advertisements for employment and to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 20. AUDITS. 20.1. Statement on Standards for Attestation Engagements (SSAE) 16, Service Organization Control (SOC) SOC 2/SOC 3 and/or SOC 1 Audit Report. During the duration of the Agreement, CONTRACTOR will provide, on a semi- annual basis, the SSAE 16, SOC 2/SOC 3 and/or SOC 1 Audit reports (Audit Reports) it receives from its hosting service provider as follows: (a) the Audit Reports will include a 180 day (six month) testing period; and (b) the Audit Reports will be available to HBPD no later than thirty calendar (30) days after they are received by CONTRACTOR. Upon HBPD’s written request, CONTRACTOR will provide a so-called “negative assurance opinion” to HBPD as soon as said opinion is received from CONTRACTOR’s hosting service provider. CONTRACTOR shall on a semi-annual basis, and otherwise as reasonably requested by HBPD: (i) provide the foregoing Audit Reports to HBPD and (ii) request such “negative assurance opinions” on HBPD’s behalf. CONTRACTOR shall implement reasonably required safeguards as identified by HBPD or by any audit of CONTRACTOR’s data privacy and information security program. 20.2. Audit and Inspection of Records. CONTRACTOR agrees to maintain and make available to HBPD, during regular business hours, accurate books and accounting records relating to its work under this Agreement. CONTRACTOR will permit HBPD to audit, examine, and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records, or personnel and other data related to all other matters covered by this Agreement, whether funded in whole or in part under this Agreement. CONTRACTOR shall maintain such data and records in an accessible location and condition for a period of not fewer than five years after this Agreement terminates or until after final audit has been resolved, whichever is later. The State of California or any federal agency having an interest in the subject matter of this Agreement shall have the same rights conferred upon HBPD by this Section. 20.3. Audit of CONTRACTOR’s Policies. CONTRACTOR agrees to make available to HBPD its policies, procedures, and practices regarding data security, and agrees that HBPD reserves the rights, including but not limited to a site visit, scanning for malicious codes, and hiring a third party to perform a security audit if the SSAE Audit Report is not satisfactory. 20.4. Information Security Audits. CONTRACTOR must contract with a third-party to perform yearly information security audits of their primary and backup data centers. All findings must be remedied. Included must be an outside HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 21 of 24 penetration/vulnerability test as well as putting the third-party directly on the internal network for the third-party to provide internal penetration and vulnerability tests. The summary results of the audits must be shared with HBPD. A SSAE 16 SOC 1 audit report or approved equivalent sets the minimum level of a third-party audit 20.5. Access to Security Logs and Reports: CONTRACTOR shall provide reports to HBPD that shall include latency statistics, user access, user access IP address, user access history and audit or security logs for all changes made to data fields and tables related to this Agreement. 21. OWNERSHIP OF DOCUMENTS. It is understood and agreed that HBPD shall own all documents and other work product that CONTRACTOR developed for the SERVICES, except CONTRACTOR’s notes, which pertain to the work performed under this Agreement. HBPD shall have the sole right to use such materials in its discretion and without further compensation to CONTRACTOR, but any re-use of such documents by HBPD on any other project without prior written consent of CONTRACTOR shall be at the sole risk of HBPD. CONTRACTOR shall at its sole expense provide all such documents to HBPD upon request. 22. INDEPENDENT CONTRACTOR. CONTRACTOR is and shall at all times remain as to HBPD a wholly independent CONTRACTOR. Neither HBPD nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of HBPD. CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of HBPD or otherwise act on behalf of HBPD as an agent. 23. NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices 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. HBPD of Hermosa Beach Hermosa Beach Police Department 540 Pier Avenue Hermosa Beach, California 90254 Attention: Lt. Landon Phillips HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 22 of 24 Contractor: Crossroads Software, Inc. 210 West Birch Street, Unit 207 Brea, California 92821 Attention: Jeff Cullen 24. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 25. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties. 26. WAIVER. Waiver of a DATA BREACH or default under this Agreement shall not constitute a continuing waiver of a subsequent DATA BREACH of the same or any other provision under this agreement. Payment of any invoice by HBPD shall not constitute a waiver of HBPD’s right to obtain correction or replacement of any defective or noncompliant work product. 27. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 28. AUTHORITY TO ENTER AGREEMENT. CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. HBPD OF HERMOSA BEACH AGREEMENT FOR INFORMATION TECHNOLOGY HOSTED SERVICES Page 23 of 24 IN WITNESS WHEREOF, the parties have executed this Agreement the ___ day of _______________, 2018. CONTRACTOR: _____________________________________ Corporate Counsel CITY OF HERMOSA BEACH: HBPD Manager ATTEST: HBPD Clerk CITY OF HERMOSA BEACH AGREEMENT FOR SERVICES Exhibit A Page 24 of 24 Certificate of Exemption from Workers’ Compensation Insurance TO: City of Hermosa Beach SUBJECT: Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify City of Hermosa Beach that I am a sole proprietor partnership nonprofit organization closely held corporation and do not have any employees whose employment requires me to carry workers’ compensation insurance. Therefore, I do not carry worker’s compensation insurance coverage. Contractor Signature ____________________________ Printed Name of Contractor ____________________________ Date LAW ENFORCEMENT AGREEMENT FOR eCommerce Only This Law Enforcement Agreement (“Agreement”) is dated _________________ (“Effective Date”) by and between LexisNexis Coplogic Solutions Inc., on behalf of itself and its Affiliates with its principal place of business at 1000 Alderman Drive, Alpharetta, Georgia 30005 (“Provider”), and City of Hermosa Beach, with its principal place of operations at __________________________________________ (“Agency”). Provider and Agency may be referred to herein individually as a “Party” and collectively referred to as “Parties”. “Affiliate” means any corporation, firm, partnership or other entity that directly or indirectly controls, or is controlled by, or is under common control with Provider. For purposes of this definition only, “control” means ownership of more than fifty percent (50%) of the voting stock (on an “as-converted” basis) or other voting ownership interest in an entity. 1. SCOPE. Provider as part of its business has developed several comprehensive products and services for law enforcement. Subject to the terms and conditions of this Agreement, Agency desires to order and Provider agrees to provide products and services to disseminate accident reports on behalf of Agency (collectively referred to as the “Services”) as described in an applicable order to this Agreement (“Order 1”). The Parties acknowledge that pursuant to California Vehicle Code Section 20000, et seq., Agency is a law enforcement entity with responsibility for the documentation, retention, and management and reporting of information related to traffic collisions or accidents occurring within its jurisdiction (as used within this Agreement, each documented event is an “Accident Report”). “Accident Report” shall also include any associated or supplemental information provided with the Accident Report including Agency name, images and upload date, as applicable. 2. LICENSE AND RESTRICTIONS. 2.1 License Grant and License Restrictions. Upon execution of Order 1, Contractor hereby grants to Agency a restricted, limited, revocable license to use the Services only as set forth in this Agreement and Order 1, and for no other purposes, subject to the restrictions and limitations set forth below: a. Agency shall not use the Services for marketing or commercial solicitation purposes, resell, or broker the Services to any third-party or otherwise use the Services for any personal (non-law enforcement) purposes; and b. Agency shall not access or use Services from outside the United States without Contractor’s prior written approval; and c. Agency shall not use the Services to create a competing product or provide data processing services to third parties; and d. Agency’s use of the Services hereunder will not knowingly violate any agreements to which Agency is bound; and e. Agency shall not harvest, post, transmit, copy, modify, create derivative works from, tamper with, or distribute the Services, or in any way circumvent the navigational structure of the Services, by uploading or transmitting any computer viruses, Trojan Horses, worms or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of Services; and f. Agency may not use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights or otherwise infringe on the rights of others; and g. Agency shall not reveal any user accounts or passwords for the Services to any third parties (third parties shall not include Agency’s employees who use the Services for business related purposes); and h. Agency shall not permit any third party (third parties shall not include Agency’s employees who use the Services for business related purposes) to view or use the Services. even if such third party is under contract to provide services to Agency; and i. Agency shall comply with all laws, regulations, and rules which govern the use of the Services. 2.2 Other Restrictions. In addition Provider may at any time, impose restrictions and/or prohibitions on the Agency’s use of the Services, or certain data or no longer offer certain functionalities or features based on the result of a modification in Provider’s policy, a modification of third-party agreements, a modification in industry standards, a Security Event (defined below), a change in law or regulation, or the interpretation thereof. Upon written notification by Provider of such restrictions, Agency agrees to comply with such restrictions or, in the event that Agency is unable to comply, it shall notify Provider in writing of its inability to comply within ten (10) days after receipt of Provider’s written notification. Under these circumstances, either Party may immediately terminate this Agreement by providing written notice thereof to the other Party without such termination constituting a breach of this Agreement. Violation of License Terms and / or Restrictions. Agency agrees that, if Provider determines or reasonably suspects that: (i) Agency is violating any license terms, restrictions, or other material provision of the Agreement; or (ii) Agency has experienced a Security Event (as herein defined in Exhibit B), Provider may, at its sole option, take immediate action up to and including, without further obligation or liability of any kind, terminate Agency’s account and the license to use the Services. 3. RETENTION / DISTRIBUTION. For all Services provided hereunder that involve Accident Reports, Provider will maintain a copy of each Accident Report for a period of no less than seven (7) years from the date of the Accident Report. Provider will distribute Accident Reports and/or specific data extracted from the Accident Report to individuals or legal entities (“Authorized Requestors”), which are defined as “any person who may have a proper interest therein, including but not limited to, the driver or drivers involved, or the guardian or conservator thereof; the parent of a minor driver; the authorized representative of a driver; any name person injured therein; the owners of vehicles or property damaged thereby; persons who may incur civil liability, including liability based upon a breach of warranty arising out of the accident; and any attorney who declares under penalty of perjury that he or she represents any of the above” in accordance with an applicable Order and all applicable laws and regulations. (California Vehicle Code Section 20000, et seq.) 4. SUPPORT AND MAINTENANCE. 4.1 Ongoing Maintenance. Provider will, from time-to-time issue and/or provide maintenance including bug fixes, enhancements, new features, or new functionality that are generally made available to customers along with any corresponding changes to documentation (“Maintenance”). Maintenance does not include work to custom code, customized configurations, or to unauthorized modifications of the Services. Any Provider assistance beyond standard Maintenance will be billed at Provider’s then current pricing schedule, as agreed upon in advance by the Parties. Additionally, upon Agency’s written notice of new or revised legislation, statutes, or ordinances requiring any Services to be updated, Provider shall update or modify the Services or particular form consistent with such new regulation within a reasonable time. 4.2 Support Services. Provider will provide ongoing support services for problems, queries or requests for assistance (“Support”) provided that all requests for Support must be made to Provider Monday through Friday from 8:00 AM ET to 8:00 PM ET at 1-888-949-3835. Provider will also provide limited after hours Support including the ability to leave a message and receive a call back the following business day or sooner, if critical. In order to provide Support, Agency will provide all information reasonably required by Provider to identify the issue, including: an Agency point of contact (familiar with the Services and issue), description of issue, screenshots, the impact, and assist in Provider’s efforts to reproduce the problem (as applicable). Provider will work to resolve problem with reasonable promptness for issues that are application or Services related (Provider is not responsible for resolving issues caused by Agency hardware). While providing Support, the Agency agrees to provide Provider with data transfers, as requested, remote access to the Services system, and with sufficient test time on the Agency's computer system to duplicate the problem, to certify that the problem is a result of the Services, and to certify that the problem has been corrected. If the problem cannot readily be resolved, Provider will attempt to identify a work around. Upon resolution of any issue, Provider shall notify the Agency of such resolution via email. The Parties agree that Provider is not obligated to ensure that its Services are compatible with outdated (exceeding 4 years from date of initial release) hardware, computer operating services or database engines. 4.3 On Site Support. In response to written Agency requests for Provider to provide on-site routine non-emergency support, Provider shall produce a written estimate of the time required to provide the requested support and state any requirements, such as the presence of Agency staff or other resources or materials. Any on-site support provided by Provider shall only be invoiced by Provider or paid by Agency if the problem arose due to something other than a defect in the Services. The Agency shall reimburse Provider at the rate of two thousand five hundred ($2,500.00) dollars per day for each Provider employee who provides any on-site support, and such fees will not include any reimbursement for Provider travel time or travel expenses. 5. FEES. 5.1 Fees due to Provider. Any fees due to Provider for Services hereunder shall be specified in an Order (“Fees”). For any Order where Fees are specified, Provider will issue an invoice to Agency pursuant to the terms in the Order. Invoices shall be paid in full by Agency within thirty (30) days from invoice date. Provider may increase or decrease the Fee following the Initial Term (as defined in an applicable Order) in an Order by providing Agency no less than sixty (60) days written notice prior to the effective date of such pricing change. In the event Agency has a good faith dispute on all or a portion of an unpaid invoice (“Dispute”), Agency shall notify Provider in writing and follow the procedures set forth below. To the extent an interface or other technological development is required to enable an Agency designated third party (i.e., RMS Vendor) to receive Accident Reports from Provider at Agency’s request or to enable Provider to intake Agency Data, such cost shall not be borne by Provider. If any invoice (or undisputed portion thereof) remains unpaid and not subject to a Dispute after sixty (60) days from the invoice date, Provider shall have the right to terminate this Agreement (including all Services) or the right to discontinue the applicable Service immediately, without such action constituting a breach or incurring any liability herein. All Fees not properly disputed or paid shall accrue interest at the rate of eighteen percent (18%) per annum. All Fees are calculated for payment made via ACH, Wire, or Agency check. Agency agrees that Fees exclude taxes (if applicable) or other cost incurred by Agency’s RMS Vendor or other third parties and agrees such costs shall be passed on to Agency . Provider shall not be required to enter into a third-party relationship to obtain payment for the Service provided to Agency; however, should Provider elect to do so, Provider reserves the right to charge Agency additional fees for such accommodation. 5.2 Fees due to Agency. All Accident Reports requested by Agency Requestors shall be provided free of charge. Provider will collect a fee as set forth in an applicable Order 1 (“Agency Fee(s)”) on behalf of Agency for Accident Report requests by an Authorized Requestor provided that such fee does not exceed the actual cost of providing the copy. (Cal. Veh. Code § 20012.) Provider will remit any Agency Fees to Agency using the process as herein defined. For clarity, if a fee is not charged to an Agency Requestor for the Accident Report, no Agency Fee shall be collected or paid to Agency. In connection with this Section, on a monthly basis, Provider will electronically transfer to Agency’s designated account, the total amount of applicable Agency Fees collected by Provider during the previous month. Provider will provide a monthly report to Agency identifying the number of Reports provided on its behalf. 6. TERMS AND TERMINATION. 6.1 Term. This Agreement shall commence upon the Effective Date and shall continue until terminated in accordance with this Agreement. Each Order shall set forth the specified term for the particular Service. 6.2 Termination. 6.2.1 Either Party may terminate this Agreement or any Order for cause if the other Party breaches a material obligation under the terms of this Agreement and fails to cure such breach within thirty (30) days of receiving written notice thereof from the non-breaching Party, provided, however, that if such material breach is of a nature that it cannot be cured, immediate termination shall be allowed. Failure to pay by either Party shall be considered a material breach. 6.2.2 Either Party may elect to terminate this Agreement or any Order by providing written notice to the other of such intent, at least one hundred and twenty (120) days prior to the end of the applicable Order term. 6.2.3 Provider may, upon six (6) months written notice to Agency, terminate any Service that will no longer be supported or offered by Provider. Provider will make reasonable efforts to transition Agency to a similar Service, if available. Further, Provider may at any time cease to provide Agency access to any portions of features of the Services thereof which Provider is no longer legally or contractually permitted to provide. 6.3 Effect of Termination. Upon termination of this Agreement, each Party shall be liable for payment to the other Party of all amounts due and payable for Services and obligations set forth in this Agreement provided through the effective date of such termination. Upon receipt of Agency’s written request after termination, Provider shall provide Agency with access to Accident Reports provided by Agency under this Agreement and/or data provided through provision of the Services by Agency under an applicable Order so Agency may download and/or copy such information. Upon Agency’s written request after termination, Provider shall be obligated to delete from its databases (and from other storage media), Accident Reports already provided to Provider by Agency. 7. RELEVANT LAWS. Each Party shall comply with all applicable federal, state, and local laws and regulations related to its performance hereunder, including: 7.1 Driver’s Privacy Protection Act. Agency acknowledges that certain Services provided under this Agreement may include the provision of certain personal information from a motor vehicle record obtained by Provider from state Departments of Motor Vehicles as those terms are defined by the Federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721 et seq., (“DPPA”) and its state analogues (“DMV Data”), and that Agency is required to comply with the DPPA or its state analogues, as applicable. Agency agrees that it may be required to certify its permissible use of DPPA or DMV Data at the time it requests information in connection with certain Services and will recertify upon request by Provider 7.2 Fair Credit Reporting Act. The Services provided pursuant to this Agreement are not provided by “consumer reporting agencies” as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) (“FCRA”) and do not constitute “consumer reports” as that term is defined in the FCRA. Agency certifies that it will not use any of the information it receives through the Services in whole or in part as a factor in determining eligibility for credit, insurance, or employment or for any other eligibility purpose that would qualify the information in as a consumer report 7.3 Protected Health Information. Unless otherwise contemplated by an applicable Business Associate Agreement executed by the Parties, Agency will not provide Provider with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a separate agreement between the Parties. 7.4 Social Security Numbers. Social Security Numbers may be available hereunder as part of Accident Reports and/or related data provided from certain states. However, Agency shall not provide Social Security Numbers to Provider under any circumstance under this Agreement. Should Agency require more information on Social Security Numbers or its obligations in relation thereto, Agency should contact Provider Agency Service at 1-866-215-2771 for assistance. 7.5 Privacy Principles. Agency shall comply with the “Provider Data Privacy Principles” available at http://www.lexisnexis.com/privacy/data-privacy-principles.aspx, as updated from time to time. Provider shall notify Agency in writing in the event that material changes are made to the Provider Data Privacy Principles. 7.6 Security. Agency and Contractor agree to protect against the misuse and/or unauthorized access of the Services provided to Agency in accordance with this Agreement and as set forth in Exhibit A, attached hereto. 8. CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY OWNERSHIP. 8.1 Definition. “Confidential Information” means all non-public information provided by the disclosing Party to the receiving Party hereunder, including, without limitation, the terms of this Agreement, all information related to technical, financial, strategies and related information, business information, computer programs, algorithms, know-how, processes, databases, systems, ideas, inventions (whether patentable or not), schematics, Trade Secrets (as defined by applicable law) and other information (whether written or oral). Confidential Information includes the data, or the Accident Reports, provided by Agency or Crossroads to Provider. Confidential Information does not include information that was, at the time of the disclosure: (a) or becomes (through no improper action or inaction by the recipient) generally known to the public; (b) lawfully disclosed to recipient by a third-party and received in good faith and without any duty of confidentiality by the recipient or the third-party; (c) in recipient’s possession or known to it prior to receipt from discloser; or (d) independently developed by recipient; provided in each case that such forgoing information was not delivered to or obtained by recipient as a result of any breach of this Agreement. 8.2 Treatment of Confidential Information. Each Party agrees to protect the Confidential Information with the same degree of care it uses to protect its own confidential information of a similar nature, but not less than a reasonable standard of care and not to use the other Party’s Confidential Information other than as necessary to perform its obligations or as permitted under this Agreement. A Party shall not remove or destroy any proprietary or confidential legends or markings placed upon or contained within any Confidential Information. 8.3 Intellectual Property Ownership. Each Party retains all right, title, and interest under applicable contractual, copyright and related laws to their respective Confidential Information, including the right to use such information for all purposes permissible by applicable laws, rules, and regulations. Provider retains all rights (other than the limited license granted herein), title, interest, ownership and all intellectual property rights in the Services including any improvements or modifications thereto, and Agency shall use such information consistent with such right, title and interest and notify Provider of any threatened or actual infringement thereof. Agency shall not remove or obscure any copyright or other notices from the Services or materials provided hereunder. 8.4 Exception for Subpoenas and Court Orders. A Party may disclose Confidential Information solely to the extent required by subpoena, court order or other governmental authority, provided that the receiving Party provides the disclosing Party prompt written notice of such subpoena, court order or other governmental authority so as to allow the disclosing Party an opportunity to obtain a protective order to prohibit or limit such disclosure at its sole cost and expense. Confidential Information disclosed pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. 8.5 Duration. Each Party’s obligations with respect to Confidential Information shall continue for the term of this Agreement and for a period of five (5) years after termination of this Agreement, provided however, that. With respect to Trade Secrets, each Party’s obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret. As it relates to Accident Reports, each Party’s obligation as to confidentiality shall continue for so long as the Accident Reports continue to constitute Confidential Information. 8.6 Return of Confidential Information. Upon the written request of a Party (and except as otherwise specifically set forth in an applicable Order), each Party shall return or destroy all remaining copies (and certify such destruction in a signed writing) any of the other Party’s Confidential Information unless retention of such information is required by law, regulation, court order, or other similar mandate. 8.7 Injunctive Relief. In the event of a breach or a threatened breach of the confidentiality or privacy provisions of this Agreement, the non-breaching Party may have no adequate remedy in monetary damages and, accordingly, may seek an injunction against the breaching Party. 8.8 California Public Records Act. Notwithstanding the above, to the extent that Provider discloses its Confidential Information to Agency, Provider acknowledges that Agency is subjection to California’s Public Records Act. Provider understands that the public shall have access to public records, unless the records are exempt and/or confidential under applicable law. Prior to any disclosure requested under California’s Public Records Act, Agency shall give Provider prompt written notice of such request. Provider shall have five (5) days from the date it receives such notice to provide evidence of a statutory exemption under applicable law sufficient to protect the information or obtain a protective order or equivalent from a court of competent jurisdiction. If information is disclosed pursuant to a request under California’s Public Records Act, Agency will take reasonable steps to limit any such provisions of Confidential Information to the specific information requested. The parties understand and agree that the failure by Provider to timely respond to the notice provided by Agency may result in the disclosure of the requested information pursuant to California’s Public Records Act. 9. PROVIDER AUDIT RIGHTS. Agency understands and agrees that, in order to ensure Agency’s compliance with the Agreement, as well as with applicable laws, regulations and rules, Provider’s obligations under its contracts with its data providers, and Provider’s internal policies, Provider may conduct periodic reviews of Agency’s use of the Services and may, upon reasonable notice, audit Agency’s records, processes and procedures related to Agency’s use, storage and disposal of the Services and information received therefrom. Agency agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by Provider will be subject to immediate action including, but not limited to, invoicing for any applicable Fees (if Services are based on number of users and Agency’s use exceeds licenses granted), suspension or termination of the license to use the Services, legal action, and/or referral to federal or state regulatory agencies. 10. REPRESENTATIONS AND WARRANTIES. AGENCY REPRESENTS AND WARRANTS TO PROVIDER THAT AGENCY IS FULLY AUTHORIZED TO DISCLOSE REPORTS, INFORMATION, AND RELATED DATA OR IMAGES TO PROVIDER IN ACCORDANCE WITH THIS AGREEMENT AND TO GRANT PROVIDER THE RIGHTS TO PROVIDE THE SERVICES AS DESCRIBED HEREIN. WHERE REDACTION OF REPORTS IS REQUIRED PRIOR TO PROVISION TO PROVIDER, AGENCY REPRESENTS THAT IT HAS IMPLEMENTED APPROPRIATE SAFEGUARDS TO AVOID DISCLOSURE OF INFORMATION CONTAINED IN ACCIDENT REPORTS THAT MAY REQUIRE REDACTION AND WARRANTS IT WILL REDACT APPLICABLE REPORTS CONSISTENT WITH ALL LAWS AND REGULATIONS. IN PERFORMING THEIR RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT, EACH PARTY AGREES TO USE ANY DATA AND PROVIDE ANY SERVICES, IN STRICT CONFORMANCE WITH APPLICABLE LAWS AND REGULATIONS, AND FURTHER, TO COMPLY WITH ALL APPLICABLE BINDING ORDERS OF ANY COURT OR REGULATORY ENTITY AND CONSISTENT WITH THE TERMS OF THIS AGREEMENT. 11. LIMITATION OF WARRANTY. For purposes of this section, “Provider” includes Provider and its Affiliates, subsidiaries, parent companies, and data providers. THE SERVICES PROVIDED BY PROVIDER ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, REGARDING ITS ACCURACY OR PERFORMANCE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ORIGINALITY, OR OTHERWISE, OF ANY SERVICES, SYSTEMS, EQUIPMENT OR MATERIALS PROVIDED HEREUNDER. 12. LIMITATION OF LIABILITY. To the extent permitted by applicable law, Provider’s entire liability for any claims(s) resulting from its acts or omissions, including, but not limited to negligence claims under this Agreement shall not exceed the total amount of Fees actually received by Provider from Agency (excluding pass through or out of pocket expenses) for the specific Services from which liability arises during the twelve (12) month period immediately preceding the event first giving rise to such liability, and if not yet in the twelfth (12th) month of this Agreement, for the period leading up to such event. To the extent the relevant Services are made available at no cost to Agency, than in no event shall Provider’s liability to Agency under this Agreement exceed One Hundred dollars ($100.00) in the aggregate. This limitation of liability will not apply to any claims, actions, damages, liabilities or fines relating to or arising from Provider’s gross negligence or willful misconduct. In no event shall Provider be liable for any indirect, special, incidental, or consequential damages in connection with this Agreement or the performance or failure to perform hereunder, even if advised of the possibility of such damages. 13. INDEMNIFICATION. To the extent permitted under applicable law, each Party shall defend, indemnify, and hold harmless the other Party, its Affiliates, and their officers, directors, employees, and Agent (the “Indemnified Parties”) against and from any and all losses, liabilities, damages, actions, claims, demands, settlements, judgments, and any other expenses (including reasonable attorneys' fees), which are asserted against the Indemnified Parties by a third party, but only to the extent caused by (i) violation of law in the performance of its obligations under this Agreement by the indemnifying party, its Affiliates, or the officers, Agents or employees of such party (the “Indemnifying Parties”); (ii) the gross negligence or willful misconduct of the Indemnifying Parties during the term of this Agreement; (iii) violation, infringement or misappropriation of any U.S. patent, copyright, trade secret or other intellectual property right; or (iv) with respect to Agency, violation of any of the license terms or restrictions contained in this Agreement. The indemnities in this section are subject to the Indemnified Parties promptly notifying the Indemnifying Parties in writing of any claims or suits. 14. INSURANCE REQUIREMENTS 14.1 Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 14.1.1 Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, Contractor shall require any and every subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. The insurer shall agree to waive all rights of subrogation against Agency, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for Agency. This provision shall not apply if Contractor has no employees performing work under this Agreement. If Contractor has no employees for the purposes of this Agreement, Contractor shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto and incorporated herein by reference as “Exhibit A.” 14.1.2 General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including contractual liability and products and completed operations liability. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.1.3 Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than three hundred thousand dollars ($300,000) combined single limit for each occurrence. If Contractor or Contractor’s employees will use personal automobiles in any way on this project, Contractor shall obtain evidence of personal automobile liability coverage for each such person. 14.1.4 Cyber Security Insurance Coverage. Contractor shall maintain Cyber and Privacy Insurance with limits of not less than $2,000,000 per occurrence and $4,000,000 general aggregate. Such insurance shall include coverage for liability arising from theft, dissemination, and/or use of Confidential Information, including but not limited to, bank and credit card account information or personal information, such as name, address, social security numbers, protected health information or other personally identifying information, stored or transmitted in electronic form. 14.1.5 Technology Errors and Omissions Liability Coverage. Contractor shall procure a policy that at a minimum covers professional misconduct or lack of the requisite skill required for the performance of Services defined in this Agreement in an amount of not less than one million dollars ($1,000,000) per occurrence and two millions dollars ($2,000,000) in the aggregate. The policy shall also provide coverage for the following risks: 14.1.5.1 Dissemination of Confidential Information. Liability arising from theft, dissemination, and/or use of Confidential Information, including but not limited to, bank and credit card account information or personal information, such as name, address, social security numbers, protected health information, or other personally identifying information, stored or transmitted in electronic form; 14.1.5.2 Unauthorized Access. Network security liability arising from the unauthorized access to, use of, or tampering with computers or computer systems, including hacker attacks; and 14.1.5.3 Malicious Software. Liability arising from the introduction of any form of malicious software including computer viruses into, or otherwise causing damage to Agency’s or third person’s computer, computer system, network, or similar computer related property and the data, software, and programs thereon. 14.2 Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best’s rating of no less than A-: VII. Each general liability and automobile liability insurance policy shall be endorsed with the language of Sections 12.2.1-12.2.6 below. Contractor also agrees to require all contractors, and subcontractors to do likewise. 14.2.1 Additional Insured Clause. “City of Hermosa Beach, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of Contractor , including materials, parts, or equipment furnished in connection with such work or operations.” 14.2.2 Primary Insurance Clause. This policy shall be considered primary insurance as respect to Agency, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by Agency, including any self-insured retention Agency may have, shall be considered excess insurance only and shall not contribute with this policy. 14.2.3 Separation of Insured Clause. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 14.2.4 Failure to Report to Insurer. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Agency, its elected or appointed officers, officials, employees, agents, or volunteers. 14.2.5 Waiver of Right to Subrogation Clause. Contractor , and its insurer through endorsement, waives all rights of subrogation against Agency, its elected or appointed officers, officials, employees, or agents regardless of the applicability of any insurance proceeds, and agrees to have all subcontractors, and subcontractors’ insurers through endorsement, to do likewise. 14.2.6 Notice of Change in Insurance. The insurance provided by this policy shall not be suspended, voided or reduced in coverage or in limits except after thirty (30) calendar days’ written notice has been submitted to Agency and approved of in writing, except in the case of cancellation, for which ten (10) calendar days’ written notice shall be provided. 14.3 Notice to Agency. Contractor agrees to provide immediate notice to Agency of any claim or loss against Contractor arising out of the work performed under this agreement. Agency assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve Agency. Contractor also agrees to provide immediate written notice to Agency if any insurance policy listed above is suspended, voided, or reduced in coverage or limits. Contractor agrees to have all subcontractors to do likewise. 14.4 Claims-made policies. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that should occurrences during the contract term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies. 14.5 Defense costs. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall double the occurrence or claims limits specified above. 14.6 Acknowledgment of the Minimum Amount of Coverage. Notwithstanding the provisions included in any of the ISO Additional Insured Endorsement forms, Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amounts of coverage required. 14.7 Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow Agency, as additional insured, to satisfy the self-insured retention (SIR) and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of Agency Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material Data Breach of this Agreement. Should Agency pay the SIR or deductible on Owner’s behalf upon the Owner’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, Agency may include such amounts as damages in any action against Owner for Data Breach of this Agreement in addition to any other damages incurred by Agency due to the Data Breach. 14.8 Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to Agency as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with Agency on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with Agency at all times during the term of this Agreement. Contractor shall provide written evidence of current automobile coverage to comply with the automobile insurance requirement. 14.9 Failure to Procure Insurance. Failure on the part of Contractor to procure or maintain required insurance shall constitute a material Data Breach of contract under which Agency may terminate this Agreement pursuant to Section 6.2 above (Termination for Cause). 15. FORCE MAJEURE. Neither Party will be liable for any delay or failure to perform its obligations hereunder due to causes beyond its reasonable control, including but not limited to natural disaster, pandemic, casualty, act of God or public enemy, riot, terrorism, or governmental act; provided, however, that such Party will not have contributed in any way to such event. If the delay or failure continues beyond thirty (30) calendar days, either Party may terminate this Agreement or any impacted Order with no further liability, except that Agency will be obligated to pay Provider for the Services provided under this Agreement prior to the effective date of such termination. 16. NOTICES. All notices, requests, demands or other communications under this Agreement shall be in writing to the address set forth in the opening paragraph and shall be deemed to have been duly given: (i) on the date of service if served personally on the Party to whom notice is to be given; (ii) on the day after delivery to a commercial or postal overnight carrier service; or (iii) on the fifth day after mailing, if mailed to the Party to whom such notice is to be given, by first class mail, registered or certified, postage prepaid and properly addressed. Any Party hereto may change its address for the purpose of this section by giving the other Party timely, written notice of its new address in the manner set forth above. 17. MISCELLANEOUS. 17.1 Affiliates. Agency understands and agrees that certain Services furnished under this Agreement may actually be provided by one or more of Provider’ Affiliates. Affiliates are obligated to abide by the same terms on this Agreement as if the Affiliates were the same entity as Provider. 17.2 Independent Contractor/No Agency. Each Party acknowledges that it has no authority to bind or otherwise obligate the other Party. 17.3 Assignment. Neither Party shall assign this Agreement in whole or in part without the prior written consent of the other Party, and any such attempted assignment contrary to the foregoing shall be void. Notwithstanding the foregoing, an assignment by operation of law, as a result of a merger or consolidation of a Party, does not require the consent of the other Party. This Agreement will be binding upon the Parties’ respective successors and assigns. 17.4 Headings, Interpretation, and Severability. The headings in this Agreement are inserted for reference only and are not intended to affect the meaning or interpretation of this Agreement. The language of this Agreement shall not be construed against either Party. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 17.5 Waiver; Remedies Non-Exclusive. No failure or delay on the part of any Party in exercising any right or remedy provided in this Agreement will operate as a waiver thereof. Unless otherwise provided herein, any remedy will be cumulative to any other right or remedy available at law or in equity. 17.6 Survival. Sections 2 through 4, 7 through 11, and 15 shall survive the termination or rescission of this Agreement. 17.7 Provider Shared Facilities. Provider may utilize facilities located outside the United States in Manila, Philippines to provide support or the Services under this Agreement, and if such centers are utilized they shall be under the control of Provider and subject to all Provider policies that govern data access, protection and transport in the United States. 17.8 Entire Agreement. This Agreement represents the entire agreement of the Parties and supersedes all previous and contemporaneous communications or agreements regarding the subject matter hereto. Agency by its signature below hereby certifies that Agency agrees to be bound by the terms and conditions of this Agreement including those terms and conditions posted on web pages specifically set forth herein or contained with any software provided under this Agreement, as may be updated from time to time. Any additional terms or conditions contained in purchase orders or other forms are expressly rejected by Provider and shall not be binding. Acceptance or non-rejection of purchase orders or other forms containing such terms; Provider’s continuation of providing Products or Services; or any other inaction by Provider shall not constitute Provider’s consent to or acceptance of any additional or different terms from that stated in this Agreement. This Agreement may only be modified by a written document signed by both Parties. 17.9 Governing Law. The Agreement will be governed by and construed under the laws of the State of California excluding its conflict of law rules. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective authorized representatives as of the Effective Date. Provider: LexisNexis Coplogic Solutions Inc. Agency: City of Hermosa Beach Signature:__________________________ Signature:___________________________ Printed Name:______________________ Printed Name:________________________ Title:______________________________ Title:________________________________ Date:______________________________ Date:_______________________________ EXHIBIT A - CERTIFICATE OF EXEMPTION FROM WORKERS’ COMPENSATION INSURANCE Certificate of Exemption from Workers’ Compensation Insurance TO: City of Hermosa Beach SUBJECT: Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify City of Hermosa Beach that I am a sole proprietor partnership nonprofit organization closely held corporation and do not have any employees whose employment requires me to carry workers’ compensation insurance. Therefore, I do not carry worker’s compensation insurance coverage. Contractor Signature ____________________________ Printed Name of Contractor ____________________________ Date EXHIBIT B - SECURITY AND NOTIFICATION REQUIREMENTS 1. Protection of Provider’s Data. (i) Type of Data Agency shall take appropriate measures to protect against the misuse and unauthorized access through or to Agency’s (i) credentials (“Account IDs”) used to access the Services; or (ii) corresponding passwords, whether by Agency or any third party; or (iii) the Services and/or information derived therefrom. Agency shall manage identification, use, and access control to all Account IDs in an appropriately secure manner and shall promptly deactivate any Account IDs when no longer needed or where access presen ts a security risk. Agency shall implement its own appropriate program for Account ID management and shall use commercially reasonable efforts to follow the policies and procedures for account maintenance as may be communicated to Agency by Provider from time to time in writing. (ii) Agency’s Information Security Program. Agency shall implement and document appropriate policies and procedures covering the administrative, physical and technical safeguards in place and relevant to the access, use, storage, destruction, and control of information which are measured against objective standards and controls (“Agency’s Information Security Program”). Agency’s Information Security Program shall: (1) account for known and reasonably anticipated threats and Agenc y shall monitor for new threats on an ongoing basis; and (2) meet or exceed industry best practices. Agency will promptly remediate any deficiencies identified in Agency’s Information Security Program. Agency shall not allow the transfer of any personal ly identifiable information received from Provider across any national borders outside the United States without the prior written consent of Provider. (iii) Agency Security Event. In the event Agency learns or has reason to believe that Account IDs, the Services, or any information related thereto have been misused, disclosed, or accessed in an unauthorized manner or by an unauthorized person (an “Agency Security Event”) Agency shall: a) provide immediate written notice to: 1) the Information Security and Compliance Organization at 1000 Alderman Drive, Alpharetta, Georgia 30005; or 2) via email to (security.investigations@lexisnexis.com); or 3) by phone at (1-888-872-5375) with a written notification to follow within twenty four (24) hours; and b) promptly investigate the situation; and c) obtain written consent from Provider, not to be unreasonably withheld, prior to disclosing Provider or the Services to any third party in connection with the Agency Security Event; and d) if required by law, or in Provider’ discretion, Agency shall: 1) notify the individuals whose information was disclosed that an Agency Security Event has occurred; and 2) be responsible for all legal and regulatory obligations including any associated costs which may arise in connection with the Agency Security Event; and e) remain solely liable for all costs and claims that may arise from the Agency Security Event, including, but not limited to: litigation (including attorney’s fees); reimbursement sought by individuals (including costs for credit monitoring and other losses alleged to be in connection with such Agency Security Event); and f) provide all proposed third party notification materials to Provider for review and approval prior to distribution. In the event of an Agency Security Event, Provider may, in its sole discretion, take immediate action, including suspension or termination of Agency’s account, without further obligation or liability of any kind. 2. Protection of Agency’s Data. (i) Type of Data. Agency Data includes: (a) the Agency data that is collected, used, processed, stored, or generated as a result of the use of Provider’s Services. (ii) Data Ownership: Agency will own all rights, including all intellectual property rights, in and to the Accident Reports. Accident Reports will remain the exclusive property of Agency. (iii) Data Protection: Protection of personal privacy and data shall be an integral part of the business activities of Provider to ensure there is no inappropriate or unauthorized access or use of Agency Data at any time. To this end, Provider shall safeguard the confidentiality, integrity, and availability of Agency Data and comply with the following conditions: a) Provider shall implement and maintain documented policies and procedures, which shall be reviewed, and if appropriate, tested and updated, as appropriate, covering the administrative, technical, and organizational security measures to safeguard against unauthorized access, disclosure, or theft of Agency Data which are measured against objective standards and controls. Such security measures shall comply with all applicable laws and be in accordance with recognized industry practice. b) All data obtained by Provider in the performance of this Agreement shall become and remain property of Agency. (iv) Use of Agency Data: Provider is permitted to use Agency Data solely for performing its obligations under the Agreement Provider shall not access Agency Data, except as required by the express terms of this Agreement. Unauthorized use of Agency Data by Provider or third parties is prohibited. (v) Provider Security Event: In the event Provider confirms that Customer Data has been disclosed to an unauthorized party (“Compromise of Customer Data”) Provider shall, if required by applicable law, and without disclosing information that is protected by the attorney-client privilege or otherwise confidential: a) Notify the appropriate Agency identified person in this Agreement promptly after becoming aware of such occurrence. b) Provider shall also provide the following: 1) Upon request, provide a reasonable summary of the circumstances surrounding such Security Event to the Agency; 2) Cooperate reasonably with Agency’s request for information regarding such Security Event;3) The person(s) who accessed, used, and disclosed and/or received protected information, if known; 3) Promptly preserve any potential forensic evidence relating to the Security Event, and remedy the Security Event promptly; 4) Promptly designate a contact person to whom Agency will direct inquiries, and who will communicate Provider’s responses to Agency’s inquires; 5) Notify the impacted individuals and any other third parties as may be required by law; 6) Provide status reports to Agency on Security Event response activities; 7) bear all costs associated with complying with its legal and regulatory obligations in connection therewith. c) Provider shall bear the costs associated with (1) the investigation and resolution of the Security Event; (2) notifications to individuals, regulators, or others required by state law; (3) a credit monitoring service required by state (or federal) law; (4) a website or a toll-free number and call center for affected individuals required by state law; (5) complete all corrective actions as reasonably determined by Provider based on root cause; and (6) be responsible for the legal obligations and any associated costs which may arise under applicable law in connection with such a Compromise of Customer Data, including, but not limited to: litigation (including attorney’s fees). vi) Data Security. Provider shall at all time during this Agreement provide and maintain up-to-date security with respect to the following, (a) the Services; (b) Provider’s website; (c) Provider’s physical facilities; and (d) Provider’s networks, to prevent unauthorized access or “hacking” of Agency Data. a) Provider shall provide security for its networks and all internet connections consistent with best practices observed by well-managed hosting companies working in the financial services industry, and will promptly install all patches, fixes, upgrade, update, and new versions of any security software it employs. b) Provider will maintain appropriate safeguards to restrict access to Agency Data to those employees, agents, or service providers of Provider who need the information to carry out the purposes for which it was disclosed to Provider. c) For information disclosed in electronic form while under Provider’s control, Provider agrees that appropriate safeguards include electronic barriers (e.g., “firewalls”; Transportation Layer Security (TLS); Secure Socket Layer [SSL] encryption, or most current industry standard encryption, intrusion prevention/detection or similar barriers) and secure authentication (e.g. password protected) access to Agency’s Confidential Information and hosted Agency Data . d) For information disclosed in written form, Provider agrees that appropriate safeguards include secured storage of Agency Data. Agency Data shall be encrypted at rest and in transit with controlled access. vii) Data Transmission. Provider shall ensure that all electronic transmission or exchange of system data with Agency and/or any other parties expressly designated by Agency shall take place via encrypted secure means (using HTTPS or SFTP or most current electronic encryption methods). Confidential – eCommerce Order Q4.V1.1 7 (ast_100917) Page 1 of 1 Order No. 1 eCommerce Services This Order No. 1 (“Order”) is entered into this ________ day of ___________, 20 18 (“Order Effective Date”) between City of Hermosa Beach ("Agency") and LexisNexis Coplogic Solutions Inc. ("Provider"), on behalf of itself and its Affiliatesand subject to the terms and conditions of the Law Enforcement Agreement effective ___________(“Agreement”) between the Parties. 1. TERMS AND CONDITIONS. All of the terms and conditions contained in the Agreement shal l remain in full force and effect and shall apply to the extent applicable to this Order except as expressly modified herein. To the extent that the terms and conditions of this Order are in conflict with the terms and conditions of the Agreement, or any other incorporated item, this Order shall control. Capitalized terms used herein but not defined shall have the same meaning as set forth in the Agreement. 2. DESCRIPTION OF SERVICES. Provider, as part of its business, has developed web based portal(s) to distribute Accident Reports to any Authorized Person. In exchange for the Services provided to Agency, Agency agrees that Provider shall have the right to sell the Agency’s Accident Reports online to Authorized Requestors and to distribute data extracted from the Accident Reports in accordance with the terms of the Agreement. Agency retains the rights to fulfill requests for an Accident Report made pursuant to state freedom of information laws. 3. SCOPE OF SERVICES. Provider agrees to provide the following Services to Agency subject to the provisions of this Order. Any change to the Services as set forth in this Order that occur after the Order Effective Date must be made by amendment to this Order, signed by both Parties. Provider will provide the following Services subject to Agency’s technology capabilities, processes, and work-flow functionality: 3.1 Access to an online agency administration portal to view Accident Reports, generate analytics, and obtain information related to Agency’s Accident Reports; 3.2 Establish a communication protocol to electronically or manually transfer Accident Reports in a timely manner from Agency to Provider; and 3.3 Provide Accident Report retention and distribution services as set forth in in Section 3 of the Agreement 3.4 Other Services: Agency uses Crossroads Software Inc. (“Crossroads”) and hereby authorizes Provider to receive Accident Reports from Crossroads and to distribute such Accident Reports in accordance with the terms of the Agreement. For any Accident Reports for which Provider does not receive electronic data elements from Crossroads, Agency acknowledges and agrees that Provider shall (i) manually key certain data fields f rom such Accident Reports and upload such Accident Reports and related data into Provider’s systems and (ii) transfer such keyed data back to Crossroads for use in accordance with Crossroads’ separate agreement with Agency. Agency assumes any and all respo nsibility for the actions or inactions of such transfers to or from Crossroads and indemnifies Provider from any and all claims Crossroads or other third parties may have arising from or relating to Provider’s compliance with this Agreement. 4. TERM AND TERMINATION. This Order shall commence upon the Order Effective Date and shall continue for an initial term of one year (“Initial Term”), whereupon this Order shall automatically renew for additional twelve (12) month period s (“Renewal Term”) unless either Party provides written notice to the other Party, at least one hundred and twenty (120) days prior to the expiration of the Renewal Term. 5. FEES. Pursuant to Section 5 of the Agreement, the Agency Fee shall be ___________ ($ ), the amount allowed pursuant to California Vehicle Code Section 20012. Agency shall pay no fee for the Services unless otherwise agreed to by written amendment to this Agreement or a subsequent order. Confidential – eCrash Order Q4.V1.15 Page 2 of 2 IN WITNESS WHEREOF, the Parties have caused this Order to be executed by their respective authorized representatives as of the Effective Date. Provider: LexisNexis Coplogic Solutions Inc. Agency: City of Hermosa Beach Signature:__________________________ Signature:___________________________ Printed Name:______________________ Printed Name:________________________ Title:______________________________ Title:________________________________ Date:______________________________ Date:_______________________________ Accessing Collision Reports LexisNexis Police Reports (2019) Website: https://policereports.lexisnexis.com/ Any requestor looking to locate and purchase a report online via our portal, would be required to have information your agency requires. Your agency can elect to require option 1, 2, o3 3 below: We embed the California Vehicle Code on our website for all California purchases. The requestor would be binding themselves and agreeing to this code for each purchase. For enhanced customer service, we also include an automatic email notification if the report is not searchable when a requestor initially searches. New customers will have to include company information (if 3rd party) and billing information. We also look for verification they are not a robot by requiring a security check. For agencies looking for additional security, we can require an additional step that requires a combination of data listed on a report. *This feature cannot be enabled, however, if your agency redacts this information* Every purchaser must elect what their permissible use is. We capture this and it will be reflected in the agency accounting details for auditing purposes. The California Vehicle Code is also included on every receipt obtained by purchaser and these details are also always included in the agency accounting details within Command Center. Your agency POCs always has immediate access to purchase details. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0079 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 MAYOR ARMATO REPORTS ON HER ATTENDANCE AT THE 87TH WINTER MEETING OF THE UNITED STATES CONFERENCE OF MAYORS IN WASHINGTON D.C. FROM JANUARY 23-25, 2019 City of Hermosa Beach Printed on 2/8/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0067 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES City of Hermosa Beach Printed on 2/8/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0092 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 12, 2019 TENTATIVE FUTURE AGENDA ITEMS Recommended Action: Staff recommends that the City Council receive and file the tentative future agenda items. Attachments: Tentative Future Agenda City of Hermosa Beach Printed on 2/8/2019Page 1 of 1 powered by Legistar™ February 7, 2019 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council February 12, 2019 TENTATIVE FUTURE AGENDA ITEMS FEBRUARY 26, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION: 1) WORKERS COMP 2) LITIGATION QUARTELRY UPDATE FEBRUARY 26, 2019 @ 7:00 PM PRESENTATIONS PRESENTATION FROM SOUTH BAY ASSOCIATION OF SCHOOL PSYCHOLOGISTS ON OUT OF THE DARKNESS CAMPUS WALK TO BRING AWARENESS TO SUICIDE PREVENTION UPDATE ON BEACH CITIES HEALTH DISTRICT AND REDEVELOPMENT OF THE HEALTHY LIVING CAMPUS MISCELLANEOUS ITEMS AND REPORTS – CITY MANAGER Update on Fire Station Remodel Emergency Management Coordinator/LA County Fire CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue Report, Expenditure Report and CIP Report by Project Finance Director Ongoing City Treasurer’s Report and Cash Balance Report City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing Public Works Project Status Report Acting Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of February 19, 2019 Community Development Director Ongoing South Bay Workforce Investment Board Quarterly Summary City Manager Quarterly Approval of Final Parcel Map No. 74179 at 226 2nd Street Community Development Director New Item PUBLIC HEARINGS – 7:30 PM Public Hearing Appeal of the Parks, Recreation and Community Resources Advisory Commission’s Denial of Hope Chapel’s Easter Sunrise Service on the Community Center’s East Lawn on Sunday, April 21 Community Resources Manager Staff Request Jan 17, 2019 MUNICIPAL MATTERS Midyear Budget Review 2018-19 Finance Director Annual Review of Municipal Lease Policy Subcommittee’s Recommended Policy Guidelines Community Resources Manager Staff Request Dec 3, 2018 Consideration of a One-Year Extension to the Rotary Club Lease Agreement for Use of the Rotary Club Facility Community Resources Manager Staff Request Dec 3, 2018 Update on South Bay Guidelines for a Shared Mobility (bikeshare and e - scooters) Pilot Program Environmental Analyst Council Direction Aug 28, 2018 Amendment to Contract with File Keepers Assistant to the City Manager Staff Request Jan. 30, 2019 A Resolution Establishing Design and Development Standards for Wireless Facilities in the Public Right of Way, As Auth orized by HBMC Chapter 12.18, and a Resolution Amending the Master Fee Schedule to Establish Application Fees for Wireless Facilities in the Public Right of Way Community Development Director Staff Request Jan. 31, 2019 MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing 2 WEDNESDAY , MARCH 6, 2019 @ 6:00 PM STUDY SESSION: BUDGET REVENUE STRATEGY SATURDAY, MARCH 9, 2019 @ 9:00 AM CITY COUNCIL RETREAT MARCH 12, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION MARCH 12, 2019 @ 7:00 PM CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 5, 2019 Community Resources Manager Ongoing Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 7, 2019 Emergency Management Coordinator Ongoing Approval of Final Parcel Map No. 74236 at 959 5th Street Community Development Director New Item Approval of Final Parcel Map No. 74237 at 961 5th Street Community Development Director New Item CONSENT ORDINANCES Second Reading of Ordinance regulating Sidewalk Vending in compliance with Senate Bill 946 City Clerk Council Direction Dec 11, 2018 PUBLIC HEARINGS – 7:30 PM Consideration of an Ordinance regulating Sidewalk Vending in compliance with Senate Bill 946 Community Development Director Staff Request Nov. 2018 MUNICIPAL MATTERS Document Retention Policy City Clerk Staff Request Nov 28, 2018 Purchase and installation of Pier Avenue Bus Stop Shelters & Furniture Environmental Analyst Staff Request Aug 2018 Purchase of Police Department Vehicles (Continued from meeting of January 22, 2019) Acting Police Chief Council Direction Jan. 22, 2018 Role of Emergency Preparedness Advisory Commission (EPAC) City Manager Council Direction Nov. 13, 2018 MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Commi ttee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing MONDAY, MARCH 18, 2019 @ 7:00 PM JOINT MEETING WITH SCHOOL BOARD 3 MARCH 26, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION MARCH 26, 2019 @ 7:00 PM CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue Report, Expenditure Report and CIP Report by Project Finance Director Ongoing City Treasurer’s Report and Cash Balance Report City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing Public Works Project Status Report Acting Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of March 19, 2019 Community Development Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of January 16, 2019. Acting Public Works Director Ongoing PUBLIC HEARINGS – 7:30 PM Consideration of Ordinance for Alcohol Consumption on Beach for City Sponsored Special Event Community Resources Manager Staff Request Jan. 28, 2019 MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing WEDNESDAY, APRIL 3, 2019 @ 6:00 PM NO STUDY SESSION DUE TO SPRING BREAK APRIL 9, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION APRIL 9, 2019 @ 7:00 PM PRESENTATIONS RECOGNIZING NATIONAL VOLUNTEER WEEK AND CITY VOLUNTEERS CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of March 5, 2019 Community Resources Manager Ongoing MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing 4 PENDING STRATEGIC PLAN ITEMS INITIAL COMPLETION DATE Update Personnel Policies Human Resources Manager Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager Sept-2016 Alternative Fuel Transportation Report Environmental Analyst Nov-2016 Encroachment Direction City Attorney Nov-2016 CCA Direction Environmental Analyst Dec-2016 Information Item – Phase 3 Parking Meter Purchase Acting Police Chief / Assistant to the City Manager Jul-2017 PENDING NEW ITEMS INITIAL REQUEST Initial Report on Options and Strategies for Installing a Permanent Carousel or other Family Friendly Features at the Entry Point to Pier Plaza. In Cooperation with the Chamber of Commerce, this would include a Preliminary Cost Benefit Analysis and Implementation of the City Decision Making Tool (supported by Duclos and Fangary) Acting Public Works Director Other Matters Tree ordinance with respect to tree removal Acting Public Works Director Staff Request Consideration of re-establishing, on an as needed basis, both funding and discretion for the director of Public Works to contract services to pump major beach storm outfalls drains prior to anticipated major storm events (supported by Duclos, Armato and Petty) Acting Public Works Director Other Matters Policy discussion regarding city responsibilities and expectations when donations are made to city Finance Director Council Direction Consideration of a position letter on federal gun control legislation (supported by Fangary, Armato and Massey) Assistant to the City Manager Other Matters Report on Phase II of Library Assessment including Location Alternatives Community Resources Manager Staff Request Award of Contract for On-Call Traffic Engineering Services Acting Public Works Director Staff Request Update on bicycle infrastructure implementation & Next Steps Environmental Analyst Council Direction Special Event Policy Update and Subcommittee Direction Community Resources Manager Parking Lot D (Manhattan Ave and 14th Street) Final Designs Environmental Analyst Staff Request Consideration of proposed changes to the city right of way and public facilities in the area of the proposed North School Project Environmental Analyst Staff Request Ordinance on plastic serviceware (supported by Duclos, Campbell and Armato) Environmental Analyst Other Matters Adoption of Athens Organic Rates Environmental Analyst Staff Request Measure H Grant Acceptance Assistant to the City Manager Staff Request Consent for use of “Lot B” for construction staging area for Pier/Strand project Community Development Director Staff Request Establishment of Permanent Downtown Rideshare Zones Environmental Analyst Staff Request Amendment to Tobacco Retailers License to include Flavored Tobacco ban across all Retailers Community Development Director Staff Request Short Term Vacation Rentals in Commercial Zones Community Development Director Staff Request November 2019 Ballot Measure asking voters to change the elected City Clerk position to an appointed office City Attorney Council Direction Discussion item concerning changing City Clerk salary to ceremonial salary rate beyond November 2019 Assistant to the City Manager Council Direction Consideration of holding a joint Study Session with the Beach Cities Health District to discuss Youth Health Issues (Duclos, Fangary, Massey) City Manager Other Matters