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Home My WebLink About06-11-19 - Agenda Pkg - Regular CC MtgTuesday, June 11, 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 Lucho Rodriguez, Acting 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 June 11, 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 1.19-0374 MINUTES: Approval of minutes of Closed Session held on May 28, 2019. 2.19-0375 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: 1 3.19-0381 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator:City Manager Employee Organizations:Hermosa Beach Police Officers’ Association Police Management Bargaining Group Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Unrepresented Employees 4.19-0335 CONFERENCE WITH LEGAL COUNSEL: Litigation Quarterly Update Existing 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. a) Name of Case: BKK Working Group et al. v. City of Hermosa Beach et al. United States District Court, Case Number: 2:18-cv-5810 b) Name of Case: Arlene Buschbach v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 19STCV11390 c) Name of Case: Kerry Cartwright v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCV05692 Page 2 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda d) Name of Case: Hermosa Fitness LLC v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCP02840 e) Name of Case: Mark Roth v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: YC072628 f) Name of Case: City of Hermosa Beach v. Edward P. Zappia, The Zappia Law Firm Los Angeles County Superior Court, Case Number: BC709770 5.19-0336 CONFERENCE WITH LEGAL COUNSEL: Non-Litigated Claims Update Existing Litigation - Government Code Section 54956.9(d)(2) and (e)(3) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a) Claimant: Brian Anstey, Claim Number: 18-138992 Date of Loss: 6/26/2018, Date Filed: 11/19/2018 Allegation: Suspect in Redondo Police Department Chase damaged Claimant’s fence b) Claimant: Dona Bauer, Claim Number: 19-140994 Date of Loss: 10/22/2018, Date Filed: 3/18/2019 Allegation: Fracture to right foot from fall on brick sidewalk at 6th Street c) Claimant: Nathan Carroll, Claim Number: 19-139480 Date of Loss: 8/26/2018, Date Filed: 12/31/2018 Allegation: Money and property stolen by security guard hired by City d) Claimant: Jason Clark, Claim Number: 19-139872 Date of Loss: 7/2018, Date Filed: 1/23/2019 Allegation: Car accident was result of a blind spot that was reported to City e) Claimant: Carissa De Blasi, Claim Number: 18-138649 Date of Loss: 6/18/2018, Date Filed: 11/6/2018 Allegation: Damage to Claimant’s vehicle caused by an asphalt company truck f) Claimant: Stephen Allan Diamond, Claim Number: 19-139484 Date of Loss: 8/22/2018, Date Filed: 12/31/2018, Revised Claim: 1/28/2019 Allegation: Broken ankle due to hole in walkway g) Claimant: Brandi Duroncelay, Claim Number: 19-141000 Date of Loss: 2007, Date Filed: 3/18/2019 Allegation: Neglect; Loss occurred at a Domestic Violence Shelter h) Claimant: Jeannette Eckford, Claim Number: 19-141035 Date of Loss: 3/12/2019, Date Filed: 3/20/2019 Allegation: Gate knocked down during HBPD pursuit of a suspect i) Claimant: Rosie Johnson, Claim Number: 16-127310 Date of Loss: 8/15/2016, Date Filed: 8/16/2016, Date of Amended Claim: 2/14/2017 Allegation: Property damage and bodily injury from car accident involving city vehicle j) Claimant: Valerie Rhodes, Claim Number: 19-140423 Date of Loss: 9/1/2018, Date Filed: 2/25/2019 Allegation: Fractured foot and ankle due to trip/fall in park ADJOURNMENT OF CLOSED SESSION Page 3 City of Hermosa Beach Printed on 6/7/2019 June 11, 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 City Clerk's office. 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 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. Oral and Written Communication Persons who wish to have written materials included in the agenda packet at the time the agenda is published on the City's website must submit the written materials to the City Manager's office by email (anny@hermosabch.org) or in person by noon of the Tuesday, one week before the meeting date. Written materials pertaining to matters listed on the posted agenda received after the agenda has been posted will be added as supplemental materials under the relevant agenda item on the City's website at the same time as they are distributed to the City Council by email. Supplemental materials may be submitted via eComment (instructions below) or emailed to anny@hermosabch.org. Supplemental materials must be received before 4:00 p.m. on the date of the meeting to ensure Council and staff have the ability to review materials prior to the meeting. Supplemental materials submitted after 4:00 p.m. on the date of the meeting or submitted during the meeting will be posted online the next day. Submit Supplemental eComments 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. Public Participation Speaker Cards: If you wish to speak during Public Participation, please fill out a speaker card at the meeting. The purpose of the speaker card is to streamline and better organize our public comment process to ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide contact information for staff follow-up. Page 4 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS APPROVAL OF AGENDA PROCLAMATIONS / PRESENTATIONS a)19-0384 RECOGNIZING MIRA COSTA HIGH SCHOOL GREEN TEAM FOR BEING SELECTED AS A FINALIST IN GRADES OF GREEN’S GLOBAL WASTE REDUCTION COMPETITION b)19-0385 PROCLAMATION DECLARING JUNE TO BE GUN VIOLENCE AWARENESS MONTH c)19-0386 RECOGNIZING HERMOSA BEACH GREEN BUSINESSES d)19-0387 SOUTH BAY BICYCLE DIVERSION PROGRAM MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 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: If you wish to provide public comment, please fill out a speaker card to ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide contact information for staff follow-up. 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: Page 5 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda 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. a)REPORT 19-0383 WRITTEN COMMUNICATION Recommendation:Staff recommends that the City Council receive and file the written communication. 1. Email and Attachments from Anthony Higgins regarding Public Records Request.pdf 2. Email from Dean Francois regarding bike sharrows on Pier Ave at double 4-way stop.pdf Attachments: 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 19-0369 CITY COUNCIL MEETING MINUTES (Interim Deputy City Clerk Carol Cowley) Recommendation:Staff recommends that the City Council approve the following minutes: 1. Adjourned Regular Meeting of May 22, 2019 2. Regular Meeting of May 28, 2019 3. Special Meeting of May 31, 2019 1. 05-22-2019 Adj Reg Min 2. 05-28-2019 CC Reg Min 3. 05-31-19 CC Spc Min Attachments: b)REPORT 19-0359 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. 1. 05-16-19a 2. 05-16-19b 3. 05-22-19 4. 05-23-19 Attachments: c)REPORT 19-0305 ADOPTION OF THE 2019-20 APPROPRIATIONS LIMIT (Finance Director Viki Copeland) Page 6 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda Recommendation:Staff recommends that the City Council adopt Resolution 19-xxxx setting $41,849,570 as the Fiscal Year 2019-20 Appropriations Limit. 1. Reso 19-xxxx, Appropriations Limit 2018-19 GANN Limit 2. 2019-20 Calculation of Appropriations Limit Attachments: d)REPORT 19-0366 HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2019-2020 ADOPTION OF RESOLUTIONS REGARDING THE ENGINEER'S REPORT AND SETTING JULY 9, 2019 FOR A PUBLIC HEARING (Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Adopt the attached Resolution approving the Engineer's Report for Hermosa Beach Landscaping & Street Lighting District 2019-2020 ("District") made pursuant to the requirements of Resolution No. 19-7177; and 2. Adopt the attached Resolution declaring the City Council's intention to order certain improvements and to levy and collect assessments within the District for the fiscal year beginning July 1, 2019 through June 30, 2020; and setting July 9, 2019 to accept public input on the matter of the proposed assessment. 1. Resolution approving the District, with Engineer's Report attached 2. Resolution appointing a time and place for the public hearing Attachments: e)REPORT 19-0389 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: Gandhi, Aanchal Date of Loss: April 19, 2019 Date Filed: May 2, 2019 Allegation: Property damage to claimant's exterior wall, landscaping light fixtures, and landscaping caused by City staff. Gandhi, Aanchal DOL 4-19-2019Attachments: f)REPORT 19-0358 SUBJECT: FINAL MAP NO. 74917 (C.U.P. CON NO. 17-3, PDP NO. 17-2) LOCATION: 1100 LOMA DRIVE APPLICANT/PROPERTY OWNER: WHITE SAND COASTAL DEVELOPMENT REQUEST: APPROVE FINAL PARCEL MAP 74917 FOR A THREE-UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Adopt the attached resolution approving Final Parcel Map No. 74917, which is consistent with the approved Vesting Tentative Parcel Map; and 2. Request the City Clerk to endorse the certificate for said map. Page 7 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda 1. Proposed Resolution 2. Final Map No. 74917 Attachments: g)REPORT 19-0347 SUBJECT: FINAL MAP NO. 77101 (C.U.P. CON NO. 18-1, PDP NO. 18-1) LOCATION: 913 5TH STREET APPLICANT(S): 913 5TH STREET, LLC., C/O DAN LEMIEUX REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A TWO-UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Approve Final Parcel Map No. 77101, which is consistent with the approved Vesting Tentative Parcel Map; and 2. Request the City Clerk to endorse the certificate for said map. 1. Proposed Resolution 2. Final Map No. 77101 Attachments: h)REPORT 19-0367 RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019 (City Clerk Elaine Doerfling) Recommendation:The City Clerk recommends that the City Council adopt the attached resolution, which, consistent with past policy, establishes a 200-word limit and requires candidates to pay all associated costs with regard to candidate statements for the November 5, 2019 General Municipal Election. #19-xxxx - Candidate RegulationsAttachments: 3. CONSENT ORDINANCES a)REPORT 19-0360 ORDINANCE NO. 19-1393 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 2.38 OF TITLE 2 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING THE EMERGENGY PREPAREDNESS ADVISORY COMMISSION (City Clerk Elaine Doerfling) Recommendation:The City Clerk recommends that the City Council adopt by title only, Ordinance No. 19-1393, Repealing Chapter 2.38 of Title 2 of the Hermosa Beach Municipal Code regarding the Emergency Preparedness Advisory Commission. Ord 19-1393 Repealing EPACAttachments: 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. Page 8 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a)REPORT 19-0357 ADOPTION OF FISCAL YEAR 2019-20 BUDGET, INCLUDING THE AWARD OF CONTRACT FOR ONGOING TECHNOLOGY SUPPORT TO PROSUM, INC. AND CONSIDERATION OF AN INCREASE TO THE TRANSIENT OCCUPANCY TAX RATE (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council: 1. Hear public testimony regarding the 2019-20 Budget; 2. Review the answers to Questions and Requests from the May 22, 2019 Budget Workshop (Attachments 1 through 3); 3. Approve the revisions to the Preliminary Budget as shown on page 3; 4. Approve contracts for services contained in the table herein; 5. Approve a contract with the firm of Prosum, Inc. for the ongoing technology support of the City's computer and networking technology systems for a one-year term commencing July 1, 2019 through June 30, 2020 and continuing on a month to month basis unless another agreement is put in place; 6. Consider directing staff to return with the documents necessary to place a measure on the ballot for the November 2019 election to ask voters if the Transient Occupancy Tax rate shall be increased from 12% to 14%; and 7. Adopt Resolution 19-xxxx, approving the 2019-20 Budget as presented in Exhibit A (attached to the resolution). 1. Salary Ranges and Total Cost of Position Requests 2. Organizational Improvements - Summary 3. Revenue Study Session Draft List of Items 4. Salary Survey with Averages.pdf 5. Reso No. 19-xxxx - Budget Adoption with Exhibit A 6. On-Going Technology Support PSA with Proposal 7. 2019 TOT Rate Survey Attachments: 6. MUNICIPAL MATTERS a)REPORT 19-0377 APPROVAL OF A FIRST AMENDMENT TO THE ROTARY CLUB FARMERS’ MARKET AGREEMENT INCLUDING TERM EXTENSION AND LANGUAGE UPDATES REGARDING MARKET VENDORS (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council approve the first amendment to the Rotary Club Farmers' Market agreement, including the following changes: 1. Term extension to June 24, 2022; and 2. Updated vendor language to include clear guidelines on the composition of permitted vendors. Page 9 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda 1. Rotary Club Friday Farmers' Market Agreement 2. Extension Letter 3. First Amendment to the Rotary Club Farmers' Market Agreement Attachments: b)REPORT 19-0370 APPROVAL OF THE FOURTH AMENDMENT TO THE ROTARY CLUB LEASE AGREEMENT FOR USE OF THE ROTARY FACILITY (2521 VALLEY DRIVE) INCLUDING A THREE-MONTH EXTENSION; AND CREATION OF A CITY COUNCIL MUNICIPAL LEASE SUBCOMMITTEE TO BEGIN NEGOTIATING WITH THE ROTARY CLUB FOR FUTURE LEASE AGREEMENTS (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council approve the fourth amendment to the Rotary Club lease agreement including a three-month extension, to expire October 31, 2019. 1. Rotary Club Lease Agreement 2. First Amendment to the Rotary Club Lease Agreement 3. Second Amendment to the Rotary Club Lease Agreement 4. Third Amendment to the Rotary Club Lease Agreement 5. Fourth Amendment to the Rotary Club Lease Agreement (draft) Attachments: c)REPORT 19-0382 REVIEW OF ORGANIC WASTE RECYCLING PROGRAM OPTIONS FOR THE CITY OF HERMOSA BEACH (Environmental Analyst Kristy Morris) Recommendation:Staff recommends that the City Council: 1. Review organic waste recycling program options for the City of Hermosa Beach commercial and residential accounts; and 2. Request staff to return with a resolution approving an organic waste recycling program to comply with State mandates and authorizing the collection of additional fees related to commercial and recycling organic waste recycling services. 1. Athens Services Franchise Agreement 2. Monthly Commercial Organic Recycling Unit Costs 3. HF&H Hermosa Beach Organic Rates Analysis Memo 4. FY 2018-19 Refuse Rate Survey_South Bay Cities 5. FY 2018-19 Refuse Rate Survey_Orange County Cities 6. HBCSD Food Waste Audit Attachments: d)REPORT 19-0376 NORTH SCHOOL PROJECT NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN AWARD OF CONTRACT (Environmental Analyst Leeanne Singleton) Page 10 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda Recommendation:Staff recommends that the City Council: 1. Authorize staff to jointly award with the Hermosa Beach City School District Board, a contract for the development of the Neighborhood Traffic Management Plan (NTMP) for North School to Fehr & Peers in an amount not to exceed $124,200. 2. Transfer $12,100 from the City's 2018-19 Prospective Expenditures into the City Manager's contract services account. 1. North School Neigborhood Traffic Management Plan RFP.pdf 2. Neighborhood Traffic Management Plan Evaluation Criteria.pdf 3. Fehr and Peers Originally Submitted Proposal.pdf 4. Fehr and Peers Revised Scope of Work and Budget.pdf Attachments: e)REPORT 19-0365 LOCAL COASTAL PROGRAM UPDATE AND NEW/AMENDED CONTRACTS TO FULFILL GRANT DELIVERABLES (Environmental Analyst Leeanne Singleton) Recommendation:Staff recommends that the City Council receive an update on the City's Local Coastal Program (LCP) Grant and authorize the Mayor to sign the following amendments and contracts to support the deliverables of the LCP grant: * An amendment to the contract with IBI group to extend the contract through December 31, 2019; * A new contract with Climate Access in the amount of $30,000 to prepare sea level rise visualizations and conduct community engagement; and * A new contract with Wood Environment & Infrastructure Solutions (previously AMEC Foster Wheeler) in the amount of $46,990 to provide staff augmentation support on LCP preparation, coordination with Coastal Commission staff, and preparation of affordable accommodations technical memorandum. 1. City of Hermosa Beach Signed Grant Agreement with California Coastal Commission 2. Proposed Contract Amendment with IBI Group 3. Professional Services Agreement - Climate Access.pdf 4. Proposed Contract with Wood Environment and Infrastructure Solutions .pdf Attachments: f)REPORT 19-0373 HERMOSA AVENUE LANDSCAPING AND IRRIGATION, AND VALLEY PARK RESTROOM RENOVATIONS (Acting Public Works Director Lucho Rodriguez and Environmental Analyst Kristy Morris) Recommendation:Staff recommends that the City Council: 1. Approve the appropriation of $30,000 in the Capital Improvement Fund to update the landscaping on Hermosa Avenue Medians; and 2. Approve the appropriation of $35,000 in the Capital Improvement Fund for the renovations of the restrooms at Valley Park. g)REPORT 19-0368 CALLING, REQUESTING CONSOLIDATION, AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR HOLDING THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2019 (City Clerk Elaine Doerfling) Page 11 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda Recommendation:The City Clerk recommends that the City Council adopt the five resolutions pertaining to the November 5, 2019 General Municipal Election to: 1. Call and give notice of the election for certain officers and one measure; 2. Request consolidation with the County of Los Angeles; 3. Provide for a special runoff election for elective officers in the event of a tie vote; 4. Set priorities for the filing of direct arguments and direct the City Attorney to prepare an impartial analysis of the measure; and 5. Provide for the filing of rebuttal arguments for the measure. 1. Election Calendar 2. #19-xxxx - Call Election (officers & measures) 3. #19-xxxx - County Consolidation 4. #19-xxxx - Tie Vote 5. #19-xxxx - Analysis & Arguments 6. #19-xxxx - Rebuttals Attachments: 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a)REPORT 19-0388 EVALUATION OF THE CITY’S CALIFORNIA CONTRACT CITIES ASSOCIATION MEMBERSHIP AND CONSIDERATION OF MEMBERSHIP WITH INDEPENDENT CITIES ASSOCIATON (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council: 1. Evaluate and provide direction on the City's membership with California Contract Cities Association (CCCA); and 2. Consider and provide direction on membership with Independent Cities Association (ICA) for FY 2019-20. 1. Link to 05-28-19 City Council meeting discussion (item 8) 2. Link to 09-13-16 City Council Meeting discussion (item 7b) Attachments: b)REPORT 19-0378 ESTABLISHMENT OF A CITY COUNCIL SUBCOMMITTEE FOCUSED ON THE FIRE STATION REMODEL (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council provide direction regarding the establishment of a City Council subcommittee focused on the fire station remodel project. 1. Los Angeles County Fire Department Agreement for Service Schedule4 2018 2. Link to May 8, 2018 City Council Meeting 3. Link to September 25, 2018 City Council Meeting 4. Link to Febraury 27, 2019 Update on Fire Station Construction Information Item Attachments: c)19-0379 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 8. OTHER MATTERS - CITY COUNCIL Page 12 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda 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)19-0380 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 13 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: June 25, 2019 - Tuesday - Meeting Cancelled 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 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 14 City of Hermosa Beach Printed on 6/7/2019 June 11, 2019City Council Regular Meeting Agenda BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: 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: 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 15 City of Hermosa Beach Printed on 6/7/2019 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0384 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 RECOGNIZING MIRA COSTA HIGH SCHOOL GREEN TEAM FOR BEING SELECTED AS A FINALIST IN GRADES OF GREEN’S GLOBAL WASTE REDUCTION COMPETITION City of Hermosa Beach Printed on 6/7/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0385 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 PROCLAMATION DECLARING JUNE TO BE GUN VIOLENCE AWARENESS MONTH City of Hermosa Beach Printed on 6/7/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0386 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 RECOGNIZING HERMOSA BEACH GREEN BUSINESSES City of Hermosa Beach Printed on 6/7/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0387 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 SOUTH BAY BICYCLE DIVERSION PROGRAM City of Hermosa Beach Printed on 6/7/2019Page 1 of 1 powered by Legistar™ Bicycle Diversion Program (Traffic School for Bicyclists) South Bay Pilot Program SBBC SBBC •01.01.2016:AB 902 was passed giving each city in California the option to adopt a Bicycle Diversion Program. •2017: South Bay Bicycle Coalition (SBBC) began promoting a Bicycle Diversion Program in the fourteen cities in the South Bay. •01.01.2018: The South Bay Superior Traffic Court launched a Pilot Bicycle Diversion Program SBBC Background Why We Need a Bicycle Diversion Program •Bicyclists receiving a traffic citation should be able to attend traffic school, just like motorists have been able to for decades. •There are limited education opportunities for bicyclists, unlike motorists. •Newer bicyclists often learn bad habits from more experienced bicyclists. •Better educated bicyclists will make smarter and safer decisions on the roadways. SBBC How will a Police Officer’s role change? •When issuing a traffic citation, they will provide the bicyclist with a card showing the NEW “Traffic School” option. SBBC Traffic School for Bicyclists •A three hour+ class taught by Certified Bicycle Instructors. •Local law enforcement officers have participated in the development of class material. •The class covers the rules of the road as well as safety tips for bicyclists. •Attendees will receive a Certificate of Completion to provide to the Traffic Court so their citation can be dismissed. SBBC SBBC Current Status Since Bicycle Safety Classes were implemented 15 months ago: •Over 200 bicyclists have attended a Bicycle Safety Class. •Comments from RB Police & Mayor: fewer complaints from the public and safer behavior by bicyclists. •The Court is currently evaluating whether to expand the South Bay Pilot Program. •01.01.2019, AB 3011: Diversion Program for children given a citation for not wearing a helmet on a bike, scooter, skateboard, or skates. •Q&A…… City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0383 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 WRITTEN COMMUNICATION Recommended Action: Staff recommends that the City Council receive and file the written communication. Attachments: 1.Email and Attachments from Anthony Higgins dated June 2, 2019 2.Email from Dean Francois dated June 4, 2019 City of Hermosa Beach Printed on 6/7/2019Page 1 of 1 powered by Legistar™ From: tony <tony.higgins123@gmail.com> Subject: Re: Public Records Request - PRR-19-00031-Higgins,Tony-04-08-19 (attached at end of this email) Date: June 2, 2019 at 10:14:22 PM PDT To: Michael Jenkins <Michael.Jenkins@bbklaw.com>, City Council <citycouncil@hermosabch.org>, city Clerk <cityclerk@hermosabch.org> Cc: Tony Higgins <tony.higgins123@gmail.com>, Records Request <recordsrequest@hermosabch.org>, Suja Lowenthal <suja@hermosabch.org>, Robert Smith <wrdzmith@aol.com>, Gary Mammet <garyhb@verizon.net>, Walter Booty <walterbooty@outlook.com>, "krobertson@hermosabch.org" <krobertson@hermosabch.org> June 2, 2019 Dear City Attorney, Dear City Council: Re: Public Records Request - PRR-19-00031-Higgins,Tony-04-08-19 I received the logfiles and only 7 responsive-records from the city related to my PRR-19-00031- Higgins,Tony-04-08-19 this past Thursday afternoon. I am writing to ensure that the actual search-results from this PRR are not deleted while you consider that I have a compelling case that the city is inappropriately withholding records in clear violation of our states Public Records statutes. In short, the log files revealed the city withheld 99.8% of the 2,211 records my PRR search yielded. It gave me only 7 emails It is simply not credible that approximately 2,200 records were withheld properly, given the limitations placed on withholding records in the Public Records statutes. This email enumerates my concerns. See my PRR_request.doc below for details of my Public Records Request at the end of this email. Please note this email is by no means an exhaustive analysis of the log file data. But I felt I compelled to reply immediately to make sure the records from my search query are not destroyed. Please also, note that even though 2,211 records were found based on my search parameters (see PRR 19-00031.doc attached); only ~ 1 record per each THOUSAND records examined by the cities search- utility software were actually selected. That lends credence to the fact that my PRR was a well targeted search. Following is a abbreviated-list of data sources (Custodians) and the number of records that matched my search criteria; but were withheld: Note: For the purposes of this list an item counts as 1 email. Custodians Withheld Items/Total gkau@hermosabch.org 289/289 mmckinnon@hermosapolice.org 167/167 jmassey@hermosabch.org 148/148 jduclos@hermosabch.org 146/146 sarmato@hermosabch.org 137/137 mcampbell@hermosabch.org 136/137 krobertson@hermosabch.org 100/100 anny@hermosabch.org 94/94 hfangary@hermosabch.org 89/89 spapa@hermosapolice.org 82/82 ndeanda@hermosabch.org 80/80 suja@hermosabch.org 79/79 brollins@hermosabch.org 47/47 korta@hermosabch.org 32/32 lzeigler@hermosabch.org 31/31 lsingleton@hermosabch.org 31/31 cityclerk@hermosabch.org 29/29 efreeman@hermosabch.org 23/23 kmorris@hermosabch.org 23/23 recordsrequest@hermosabch.org 18/18 lphillips@hermosapolice.org 16/16 labbott@hermosabch.org 15/15 MSteele@hermosabch.org 12/12 Note 1: See Logfile_summary.xls and Logfile_Detail.xls included at the end of this email for additional information. Note 2: The Logfile_Summary.xls contains a pivot table summarizing the 3 log files the city. -Click on the name of the person to see underlying detail. -Doubleclick to collapse pivot table. Once again, it is simply not credible that for the above listed users, 100% of the above listed records matched a Public Records Exclusion Criteria and were therefore not released to me. This clearly indicates an arbitrary standard was applied. I challenge the City Council Members to ask the City Attorney's Office to provide the withheld records from each of their accounts (listed above in bold text) and determine for themselves if the City Attorneys office is following the appropriate Public Records Statutes and Exclusion Policies enumerated below: COMPLIANCE WITH THE PUBLIC RECORDS ACT: The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny. CAL. CONST. ART. I, § 3(B). In enacting this, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. GOV’T CODE § 6250. California’s Public Records Act is a key part of the philosophy that government at all levels in this State must be open and accessible to all. [1] The requirements of the Public Records Act are the minimum standards which must be met by local agencies. The Public Records Act specifically provides that agencies may adopt procedures to allow greater access to records, except where the law otherwise prohibits access. [11] The Public Records Act does NOT permit public agencies to withhold an entire document that contains both exempt and nonexempt information. On this point, the Supreme Court ruled that agencies must use “the equivalent of a surgical scalpel to separate those portions of a record subject to disclosure from privileged portions” unless records are not “reasonably segregable. [85] Further, the Court stressed that any ambiguity must be construed in “whichever way will further the people’s right of access. [86] Note: I’m sure that many of the records that were withheld included exempt and non- exempt information yet I did not receive a single redacted record. This flies in the face of common- sense and points to the fact that the city did not diligently apply the Public Records exclusion laws but rather just made a blanket denial. The motive of the requester seeking public records is immaterial; an individual already in possession of requested documents may seek the documents so he or she may publicly disseminate them without fear of liability for doing so. Caldecott v. Superior Court, 243 Cal. App. 4th 212, 219 (4 Dist. 2015). There are numerous cases examining a “balancing test” that make it clear that the burden is on the local agency to show that the public interest in confidentiality outweighs the public interest in disclosure. In fact, given the public policy involved, courts demand a demonstration of “clear overbalance” to justify non- disclosure. [95] In practice, very few local agencies have been able to convince reviewing courts that the public interest in confidentiality outweighs the interest in disclosure. Please also consider the General public interest exemption.Gov’t Code § 6255. In practice, very few local agencies have been able to convince reviewing courts that the public interest in confidentiality outweighs the interest in disclosure. In the absence of a specific statutory exemption, this “catch-all” distinction rarely has been successfully relied upon to justify nondisclosure. Thus, local agencies must in good faith find a relatively rare “clear overbalance” to justify confidentiality on this ground.96 In the absence of a specific statutory exemption, this “catch-all” distinction rarely has been successfully relied upon to justify nondisclosure. Thus, local agencies must in good faith find a relatively rare “clear overbalance” to justify confidentiality on this ground. [96] I have listed below, the additional exemptions I believe might have been used by the City Attorney in denying the above listed records, as well as considerations that I believe apply to my Public Records Request. Once again I ask that the City Council Members request the records that were withheld from their accounts to determine how they comport with the actual intent and the PRR statutes and process enumerated below: SUMMARY OF EXEMPTIONS: (1)Preliminary drafts, notes, or interagency or intra-agency memoranda. Gov’t Code § 6254(a). Public officials should be aware that preliminary drafts and notes, along with interagency and intra- agency memoranda, are exempt from disclosure as public records if those documents are not customarily retained by the local agency in the ordinary course of business AND THE PUBLIC INTEREST IN WITHHOLDING THOSE RECORDS CLEARLY OUTWEIGHS THE PUBLIC INTEREST IN DISCLOSURE. [53] The Public Records Act DOES NOT PERMIT public agencies to WITHHOLD an ENTIRE DOCUMENT that CONTAINS BOTH EXEMPT and NONEXEMPT INFORMATION. On this point, the Supreme Court ruled that agencies must use “the equivalent of a surgical scalpel to separate those portions of a record subject to disclosure from privileged portions” unless records are not “reasonably segregable.”85 (2)Records pertaining to pending litigation to which the agency is a party. Gov’t Code § 6254(b). This is not applicable because there is no pending litigation. (3)Arrest records, complaint reports, investigatory and security files. Gov’t Code § 6254(f). Investigatory or security files compiled by a local agency for law enforcement or licensing purposes are also covered by the exemption, PROVIDED “there is a CONCRETE and DEFINITE PROSPECT of CRIMINAL LAW ENFORCEMENT PROCEEDINGS.”75, This applies to all hermosa police.org search results (4)General Exclusions. Under the Public Records Act, a local government agency must disclose virtually any public document; only a statutory exemption or a need for confidentiality that clearly outweighs the public’s right to access will legally justify withholding a public document. Under the Public Records Act, every person has the right to inspect and to obtain a copy of any identifiable public record. [4] It is irrelevant whether the person making the Public Records Act request already has possession of the public records requested. [5] Note: This means that the city must provide all records that matched my search criteria including copies of emails I originated that were sent to city officials. This was not done. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT? First and foremost, at this point at this point I am not anticipating legal action. The case for the release of records is so compelling that I believe the City will act immediately and take action to release inappropriately withheld records in deference to City Government Transparency and Accountability goals it ascribes too in 2017 Plan Hermosa. I believe the city will release these records because a failure to release these records will simply be seen as a thinly-veiled attempt to block CEQA safety and health related due processes afforded to the residents of 27th street related to the creation of a new truck-route and arterial roadway. But unlike other open government laws, the Public Records Act does not criminally penalize a local agency for its failure to comply with the Act. Nor does it subject a local agency to money damages for a violation.136 However, if a person requesting public records believes records have been improperly withheld, he or she may ask a court to compel a local agency to disclose the records.137 Any person who prevails in enforcing his or her rights under the Act in court is entitled to receive court costs and reasonable attorney fees.138 Courts have deemed a person to be the “prevailing party” for purposes of awarding costs and fees if filing of the lawsuit motivated the local agency to produce ANY documents.139 The production of just one document can be sufficient to trigger an award of costs and fees.140 Along the lines I believe the overwhelming evidence is that the city has withheld hundreds if not thousands of records inappropriately. CONCLUSION AND NEXT STEPS: The obstruction of the Public Records Act is not a trivial matter. A failure to diligently follow these statutes undermines public-trust in the City Administration and the Cities elected officials. The City Council is charged with oversight on these matters. First, I demand the city not delete records related to my PRR and conduct an immediate review of the documents that have been withheld consistent with the above standards. Second, I ask that an independent non-affiliated lawyer be brought in by the City Council to determine if substantial violations of the due process afforded by the Public Records Act have occurred related to my PRR and the cities failure to turn over records from my Public Records request Third, I ask that if its found that the City Attorney’s office demonstrated a pattern of disregard to the proper methods of excluding Public Records Documents related to my PRR, then the City Attorney and BBK.law be excluded from all future Public Records act involvement and serious consideration be given to replacing the City Attorney or BBKLaw as a matter of restoring public trust. Thank you, Anthony Higgins CITATIONS: [3] CAL. CONST. art. I, § 3(b). [4] Gov’t Code § 6253(a), (b). [5] The motive of the requester seeking public records is immaterial; an individual already in possession of requested documents may seek the documents so he or she may publicly disseminate them without fear of liability for doing so. Caldecott v. Superior Court, 243 Cal. App. 4th 212, 219 (4 Dist. 2015). [6] Both cities and City attorneys have been deemed “persons” under the Act. Los Angeles Unified School Dist. v. Superior Court (City of Long Beach), 151 Cal. App. 4th 759 (2 Dist. 2007) (holding that City, as well as the City attorney, were entitled to obtain records of school district relating to school construction project). [7] Gov’t Code § 6252(c); Connell v. Superior Court (Intersource, Inc.), 56 Cal. App. 4th 601 (3 Dist. 1997). [8] Gov’t Code § 6253(b). [9] See Rosenthal v. Hansen, 34 Cal. App. 3d 754 (3 Dist. 1973) (holding that under the former Section 6256, an agency need not provide exact copies if doing so would be impracticable, but that this does not excuse a public entity from producing the records at all). [10] Gov’t Code § 6253(a). 11 Gov’t Code § 6253(e). [53] Gov’t Code § 6254(a). [75] Dixon v. Superior Court (Neves), 170 Cal. App. 4th 1271, 1277 (3 Dist. 2009) (internal quotation omitted). [85] Id., at *3. [86] Id. (citing Ardon v. City of Los Angeles, 62 Cal. 4th 1176, 1190 (2016), and Cal. Const., art. I, § 3, subd. (b)([87] Citizens for Ceres v. Superior Court (City of Ceres), 217 Cal. App. 4th 889, 922 (5 Dist. 2013). [88] Id. at 914-921. [89] Stats. 1997, c. 620 (S.B. 143 – Kopp). [90] City of Richmond v. Superior Court (San Francisco Bay Guardian), 32 Cal. App. 4th 1430 (1 Dist. 1995); City of Hemet, 37 Cal. App. 4th 1411 (4 Dist. 1995); see also, Copley Press, Inc. v. Superior Court (County of San Diego), 39 Cal. 4th 1272 (2006) (holding that records of a civil service commission, relating to a peace officer’s administrative appeal of a disciplinary matter, were not subject to disclosure pursuant to the Public Records Act and Penal Code Section 832.7). [94] Gov’t Code § 6255. [95] City of Hemet, 37 Cal. App. 4th at 1421; see also Black Panther Party, 42 Cal. App. 3d at 657. [140] Los Angeles Times, 88 Cal. App. 4th at 1392. ATTACHED RECORDS A. Original Public Records Request B. PRR log-file Summary Spreadsheet C. PRR log-file Detail Spreadsheet D. PRR 19-00031Responsive Records END WRITTEN COMMUNICATION City of Hermosa Beach 1315 Valley Drive, Hermosa Beach, CA 90254 310.318-0203 -Fax 310.372-6186 Email: records r equest@hermosabch .org eivedB;!MrjN H. ferred To: . G ~ .leReferred: =m~ Public Records Request The City of Hermosa Beach encourages public participation in the governing process and provides reasonable accessibility to all public records except those documents which are exempt from disclosure by express provisions of law or considered confidential or privileged under the law. The City is under no obligation to respond to requests which are not focused or specific . The City may withhold documents which are exempt from disclosure under state or federal law, including the attorney-client privilege or any other applicable privilege. The City, in accordance with Government Code Section 6253(b), has ten (10) days to respond to any request for public documents by indicating whether or not the documents exist and will be made available. Actual production of the documents may take somewhat longer depending upon their ease of availability and staff workload. To assist us in providing a timely response to your request, please fill out the form below and indicate the specific record/document you wish to review. , Ge-l NS City: Fax: Record or Document Requested: To assist the City with your request, please identify each requested record/document separately. Please be as specific as possible. Non specific inquiries may cause responses to be delayed or may prove to be burdensome and therefore the City may not be able to respond. (Additional sheets ma be used) Subm 't all re uests to the Cit Clerk's Office. \ Photocopies are $0.20 per page (Mailing fee, if applicable is $3.00 plus postage). Fees must be paid before rJco rds are released. I agree to pay all applicable fees and charges per the City Council Resolution of Fees for any copies I request of the above mentioned document. Accepted method of payment: Cash or check. Credit card accepted in person only. Signature For Departmental Use Only: Action Requested: __ Review Only __ Copies Requested For City Clerk's Use Only: Date Requestor Notified Action Taken: __ Document Reviewed __ Copies Provided Date By ___________ Date __________ _ __ Non-Existent Document __ Other (Please Explain) ___ RefusaVReason ________________________________________ __ Notified By: Date Picked Up or Mailed Attachment 1 - PRA Request April 8, 2019 To: Ms. Linda Abbott Deputy City Clerk, Hermosa Beach From: Anthony Higgins 2705 Morningside Drive, Hermosa Beach, CA., 90254-2121 tony.higginsI23@gmail.com Subj: Public Records Request -Anthony Higgins -Public Records Request 4/8/2019 Dear Ms. Abbott I apologize for the delay in getting back to you with the search parameters for Item 1 of my 12/3/2018 PRR below, as we had agreed. Item 1: 1. Any emailsl documents or meeting notes that explain why Herondo truck-route pictured below was selected for the Hermosa Avenue pavement project. Note: JIm specifically interested in information & documentation on safety, and/or quality of life factors that were considered in the selection of the Herondo-Route; not just the logistical factors. (i.e. the availability of a convenient staging areal etc.). CITY RESPONSE TO MY12/3/2018 PRR: No responsive documents found. The IT Department is doing an in-depth search for related emails .... End Ms. Abbott, as we discussed, since the truck-route for the Hermosa Av Surfacing Project was determined by HB Public Works and it was NOT the most direct-route so it follows that the reasons for selecting this route must have been identified, discussed & documented. However, Item 1 of my 12/3/2018 PRR yielded no search results other than emails I had sent. This issue has still greater significance when one considers the construction truck route plan for the much larger Plaza Hotel project where up to 7500 heavy truck trips may be required. Rather than going back and requesting the city provide the log-files for previous PRR EMAIL search-requests and working back, below I have provided specific search parameters that I believe will yield the records I am looking for. Accordingly, if the City prefers, this request may be treated as a new PRR. While the keyword-search parameters I provide below may seem somewhat exhaustive, the city is using Microsoft 0365 client and the City has access to the Office 365 Security and Compliance Center on the Microsoft Office 365 US Government Community Cloud; so the actual keyword search should be relatively simple and straightforward: Office 365 Security and Compliance Center allows multiple keyword-searches to be concatenated into a single query. NEW SEARCH PARAMETERS: Search Window or Timeframe: Two years from today's date. Domains ALL city-managed or city-owned domains including but not limited to @hermosabch.org and @hermosapolice.org Accounts: All user-accounts in ALL city domains including but not limited to city employees, contractors and consultants whose accounts were active anytime during the past two years, including all accounts that may have been inactivated OR deleted & archived during the two-year search window time-frame Keywords Parameters [1]: Document Type: ALL (see footnote 2) All keyword searches are case insensitive using the NEAR keyword search operator: I NOTE: NEAR operator returns Items with words that are near each other, where n equals J the number of words apart. For example, best NEAR(5) worst returns any item where the word "worst" is within five words of "best" NEAR (syntax) keywordl NEAR(15) keyword2 Example: "Truck Route" NEAR (15) safety Option: Truck AND Route NEAR (15) safety Note: quotation marks are meant to signify the Boolean AND operator. I am not searching for strings that include quotation marks. The keyword-search-list below is meant to define the functional characteristics of the keyword- search, not the actual syntax of the search query. START KEYWORD LIST: "truck route" NEAR(15) safety "truck route" N EAR( 15) noise "truck route" NEAR(15) vibration "truck route" NEAR(15) hazard "truck route" NEAR(15) pollution "truck route" NEAR(15) EIR "truck route" NEAR(15) FEIR "truck route" NEAR(15) DEIR "truck route" N EAR( 15) safety "truck route" NEAR(15) sidewalk "truck route" NEAR(15) Higgins truck-route NEAR(15) safety truck-route NEAR(15) noise truck-route NEAR(15) vibration truck-route NEAR(15) hazard truck-route NEAR(15) pollution truck-route NEAR(15) EIR truck-route NEAR(15) FEIR truck-route NEAR(15) DEIR truck-route NEAR(15) safety truck-route NEAR(15) sidewalk truck-route NEAR (15) higgins 27th NEAR(15) safety 27th NEAR(15 ) noise 27th NEAR(15) vibration 27th NEAR(15) hazard 27th NEAR(15) pollution 27th NEAR(15) EIR 27th NEAR(15) FEIR 27th NEAR(15) DEIR 27th NEAR(15) Plan Hermosa 27th NEAR(15) Plan-Hermosa 27th NEAR(15) safety 27th NEAR(15) sidewalk 27th NEAR(15) higgins 27th NEAR(15) 35703 27th NEAR15) 10.12.120 27th NEAR(15) All American Asphalt AVP NEAR(15) 27th fiesta NEAR(15) Gould fiesta NEAR(15) 27th truck route NEAR(15) Plan Hermosa truck-route NEAR(15) Plan-Hermosa enforcement NEAR(15) direct-route enforcement NEAR(15) "direct route" END Request for Specific Inactive User Accounts: Glen Kau -former Public Works Director Sergio Gonzalez -former City Manager John Jalili -former City Manager These 3 individuals were in key leadership positions and their user accounts are likely to contain records related to how the city made its decisions related to Truck routes and truck-route safety, quality of life, health and property-rights decisions over the past two years. I trust that given these were key personnel in senior positions their email has been archived and not deleted. Please note that as part of this PRR I specifically request the log-files [1] from this search that show the actual search-parameters used and the summary-results listing the number of search "hits" BY user account, in an unredacted file, as a means to audit the search-results I obtain under this PRR. I trust that the city maintains and keeps records of all PRR initiated Email searches as a means of proving compliance with the State's Public Records laws anyway. In general, there should not be any confidentiality concerns related to these log-files since they only show the number of "matches" to a specific search-term associated to a specific user account, but the logs do not contain user-data beyond that. Log-files are a standard feature of the cities Office 365 Security & Compliance Center record search utility. Note: The City's IT analyst should be able to concatenate these searches into 1 or 2 queries, reducing the labor and run-times. Also, please note that the above keyword-searches are for message-text. That is, this search is not a "subject" line search. It is a search of the body or text of documents or emails. Finally, as part of this PRR, please provide me with the system-privilege level of the IT analyst(s) performing these searches to confirm that the analyst has the necessary system privileges to search all documents. Inadequate system privileges can result in incomplete search results. Thank You, Anthony Higgins ATTACHMENT A FOOTNOTES Footnotes [1] [2] KIND operator I The type of email message to search for. Possible values: contacts docs email externaldata faxes im journals meetings microsoftteams (returns items from chats, meetings, and calls in Microsoft Teams) notes posts rssfeeds tasks voicemai https://docs.microsoft.com/en-us/office365/securitycompli a nce/keyword-gueries-and- search-conditions Attachments B MESSAGE FROM CITY CLERKS OFFICE RELATED TO Item 1 of my 12/3/2018 PRR: On Mar 6, 2019, at 4:28 PM, Records Request <recordsreguest@hermosabch .org > wrote: Hello Mr. Higgins, I apologize for this taking so long. Please provide the following information: IT email search terms/keywords IT email addresses IT emails date range I just received results of our IT search for your 12/24/18 Public Records Request but they are all emailsfrom you, so I know that is not right. I will find out what information IT used previously. In the meantime, if you have lingering questions about the Project, or anything else, I suggest you send them to Lucho Rodriguez, Acting Public Works Director, who is Cc'd above, or that you call him at 310.318.0210, as back and forth/question and answer is not a Public Records Request. I will work on getting this done for you ASAP. My sincere apologies, Linda Abbott Deputy City Clerk Attachment C Correspondence to CITY OUTLINING THE REASONS I QUESTIONED THAT ITEM 1 of my 12/3/2018 PRR YIELDED NO RECORDS: It's simply hard to believe no records are available on the purpose behind why the route pictured above and provided to me by the city was selected for the Hermosa Ave pavement project. It is a circuitous route and there simply must have been justifications for it that were discussed and documented. My sense is at least a portion of the justifications were safety and quality of life related. Speaking frankly, the city may not want the reasons this route was selected in the public domain because it could influence future actions, but government transparency on how decisions are made is a central purpose of the California Public Records Act • Did the city ask Mr. Rodriguez for any documents or notes that may shed light on this question? • Have the email searches I requested pursuant to the 12/3/2018 related to the above request been completed? • Was safety discussed as a justification for the Herondo route that bypasses 27th Street? Given 27th streets narrow roadway where large trucks can run inches from a narrow- obstructed telephone pole obstructed sidewalk; I believe this would make sense • Was excessive noise discussed as a justification for the Herondo route? Given 27th streets extremely close proximity to homes on the westbound side; I believe this would make sense. • Was excessive vibration to nearby homes discussed as a justification for the Herondo truck-route for the Hermosa Ave project? I believe this makes sense because of the failing roadway. Please consider the 71 potholes that were recently patched and the 40 or so 2-4- inch-wide transverse curb to curb cracks that Public Works was aware of at the time the route was selected and still exist today. I choose to believe that public works competently considered all of these factors when they choose to bypass 27th Street and use the rather circuitous Herondo route for the Hermosa Ave project. Yet almost 2 1/2 months after my California Public Records Act (CPRA) request the city has been unable to find any records of why the route pictured above was selected. END MSG Sum of Items Custodians Logfile# Location name Total agiancoli@hermosabch.org 1 anny@hermosabch.org 94 brollins@hermosabch.org 47 bvillanueva@hermosabch.org 6 cityclerk@hermosabch.org 29 cnewkirk@hermosabch.org 5 dpedersen@hermosabch.org 2 dscheid@hermosapolice.org 4 edoerfling@hermosabch.org 7 efreeman@hermosabch.org 23 FMacias@hermosabch.org 6 frances@hermosabch.org 1 gkau@hermosabch.org 289 gkonrad@hermosabch.org 11 gmoe@hermosapolice.org 3 hbehboodi@hermosabch.org 1 hfangary@hermosabch.org 89 hotelEIR@hermosabch.org 2 jbrittain@hermosabch.org 1 jduclos@hermosabch.org 146 jmassey@hermosabch.org 148 kbrown@hermosabch.org 1 kchafin@hermosabch.org 5 kmorris@hermosabch.org 23 knguyen@hermosabch.org 6 korta@hermosabch.org 32 krobertson@hermosabch.org 100 kswindell@hermosabch.org 4 labbott@hermosabch.org 15 lcastillo@hermosabch.org 49 lnichols@hermosabch.org 4 lphillips@hermosapolice.org 16 lrodriguez@hermosabch.org 207 lsingleton@hermosabch.org 31 lzeigler@hermosabch.org 31 mcampbell@hermosabch.org 136 mmckinnon@hermosapolice.org 167 mrice@hermosabch.org 2 MSteele@hermosabch.org 12 ndeanda@hermosabch.org 80 npino@hermosabch.org 6 Attachment 2 - Logfile Summary phoffman@hermosabch.org 2 rcarpenter@hermosabch.org 7 recordsrequest@hermosabch.org 18 rhiggins@hermosapolice.org 11 rsaemann@hermosabch.org 2 RSalan@hermosabch.org 6 sarmato@hermosabch.org 137 sonalit@hermosabch.org 8 spapa@hermosapolice.org 82 ssmith@hermosapolice.org 5 sstine@hermosapolice.org 4 suja@hermosabch.org 79 tjohnson@hermosapolice.org 7 Vcopeland@hermosabch.org 1 Attachment 3 - Responsive Records From: Dean Francois <deanfrancois@gmail.com> Sent: Tuesday, June 4, 2019 1:03 PM To: Ann Yang <anny@hermosabch.org>; City Council <citycouncil@hermosabch.org> Subject: Problem with Bike Sharrows on Pier Ave at the double 4-way stop Problem with Bike Sharrows on Pier Ave at the double 4-way stop TO THE HERMOSA BEACH CITY COUNCIL: Please have this added to your agenda. I attended the last council meeting and a consent calendar item was discussed regarding proposed bicycle Sharrows on Pier Ave, Consent items should not be discussed unless they are pulled. It was not pulled for discussion so I did not have an opportunity to explain a problem I see with proposed sharrows on the small section of Pier Ave at the double 4 – way stops. I ride bicycles through these double stop signs at least 2 times a day. As any cyclist knows, stop signs are a challenge since drivers do not see you the same as cars, even though they should. Naturally cyclists have the right to the lane and be treated as a vehicle but it is a big problem at 4-way stops, and increasing dangerous at a double 4-way stop. Police and engineers have suggested that cyclists walk thru the 4 way stop at the crosswalk so we are treated as a pedestrian. This is legal and the safest way. As you may know drivers at these stop signs have trouble enough figuring out who goes next. To add sharrows and expect cyclists to be treated the same is delusional. In addition to that it will disturb drivers even more attempting to get through, and actually do nothing for PR on this issue. I believe that adding sharrows in this small section is more dangerous than the current condition. We should leave the lanes alone in this section. Please add this to this agenda before it is too late and the street has been marked with this dangerous re striping!! please call me to discuss: 310-938-2191. or email deanfrancois@gmail.com https://www.facebook.com/SaveHermosaPlaza -- Dean Francois 1-310-938-2191 http://www.geocities.ws/savethestrand/ 6/11/19 AGENDA, ITEM 1a - WRITTEN COMMUNICATIONSUPPLEMENTAL RESPONSE TO MR. HIGGINS' EMAIL SUBMITTED BY THE CITY ATTORNEY'S OFFICE ON 6/11/19 AT 2:41 P.M. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0369 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 CITY COUNCIL MEETING MINUTES (Interim Deputy City Clerk Carol Cowley) Recommended Action: Staff recommends that the City Council approve the following minutes: 1.Adjourned Regular Meeting of May 22, 2019 2.Regular Meeting of May 28, 2019 3.Special Meeting of May 31, 2019 Attachments: The three sets of minutes listed above Submitted by: Carol Cowley, Interim Deputy City Clerk Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes Wednesday, May 22, 2019 6:00 PM Study Session: Fiscal Year 2019-20 Budget Location: Council Chambers City Council Mayor Stacey Armato Mayor Pro Tem Mary Campbell Councilmembers Hany S. Fangary Justin Massey Jeff Duclos 6:00 P.M. – BUDGET STUDY SESSION CALL TO ORDER 6:07 pm PLEDGE OF ALLEGIANCE Led by David Grethen ROLL CALL Present: 5 Councilmembers Duclos, Fangary, Massey, Mayor Pro Tempore Campbell, Mayor Armato Absent: 0 Page 2 of 3 City of Hermosa Beach Approved on June 11, 2019 ANNOUNCEMENTS Mayor Pro Tempore Campbell announced that the SPCLA is giving Veterans the opportunity to adopt a rescue dog free over the Memorial Day Weekend. Mayor Armato announced that on Wednesday, May 29, 2019 from 6:00 pm to 9:00 pm, a fundraiser to support music in the schools, “Let the Music Play” will be performed at Tower 12 on Hermosa Pier; tickets are $30. Councilmember Duclos announced that Beach Cities Health District is holding a community event, “The Party Starts Long Before 21” on Thursday, May 23, 2019 from 6:00 pm to 8:00 pm. Councilmember Duclos also announced a date has been set to celebrate the 70 th anniversary of the Hermosa Lighthouse for Wednesday, June 26, 2019. PUBLIC PARTICIPATION: Coming forward: David Grethen Anthony Higgins Trent Larson 1a. OPENING REMARKS (City Manager Suja Lowenthal) 1b. OVERVIEW OF BUDGET: 19-0317 Overview of Budget How the Budget is Balanced Revenue Appropriations Highlights Capital Improvement Plan Five-Year Forecast Questions/Comments from Councilmembers After the presentation of the budget by City Manager Lowenthal and staff, the City Council received and filed the preliminary budget. Council asked questions related to specific aspects of the budget and requested follow up information on certain items, including parking technology and meter rates to consider in anticipation of a future budget revenue workshop. Page 3 of 3 City of Hermosa Beach Approved on June 11, 2019 PUBLIC PARTICIPATION Coming forward: Anthony Higgins David Grethen ADJOURNMENT The meeting was adjourned at 8:51 pm to the Regular meeting on Tuesday, May 28, 2019 beginning at 6:00 pm. ELAINE DOERFLING CITY CLERK City of Hermosa Beach City of Hermosa Beach Regular Meeting Minutes Tuesday, May 28, 2019 Council Chambers 1315 Valley Drive. Hermosa Beach, CA 90254 City Council Mayor Stacey Armato Mayor Pro Tem Mary Campbell Councilmembers Hany S. Fangary Justin Massey Jeff Duclos 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 6:01 pm ROLL CALL Present:4 Councilmembers: Campbell, Duclos, Massey, Mayor Armato Absent:1 Councilmember Fangary City Council Minutes May 22, 2019 City of Hermosa Beach Page 2 of 12 Approved on 6/11/2019 PUBLIC COMMENT Coming forward: Anthony Higgins RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:06 pm 1.19-0333 MINUTES:Approval of minutes of Closed Session held on May 14, 2019. 2.19-0334 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator:City Manager Employee Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Unrepresented Employees 3.19-0342 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: 1 4.19-0350 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 5.19-0351 CONFERENCE WITH LEGAL COUNSEL:Non-Litigated Claims Update Existing Litigation - Government Code Section 54956.9(d)(2) and (e)(3) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Claimant:Rosie Johnson, Claim Number:16-127310 Date of Loss:8/15/2016, Date Filed:8/16/2016, Date of Amended Claim:2/14/2017 City Council Minutes May 22, 2019 City of Hermosa Beach Page 3 of 12 Approved on 6/11/2019 Allegation:Property damage and bodily injury from car accident involving city vehicle ADJOURNMENT OF CLOSED SESSION The meeting was adjourned at 6:15 pm. ELAINE DOERFLING CITY CLERK City Council Minutes May 22, 2019 City of Hermosa Beach Page 4 of 12 Approved on 6/11/2019 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:17 pm PLEDGE OF ALLEGIANCE Led by Karen Klink ROLL CALL Present: 5 Councilmembers, Campbell, Duclos, Fangary (arrived at 7:28 pm), Massey, Mayor Armato Absent:0 CLOSED SESSION REPORT City Attorney Jenkins announced there was one person who spoke before Council adjourned to closed session that was not related to the Closed Session items on the agenda. There was no action to report. ANNOUNCEMENTS Councilmember Duclos announced there will be a celebratory event on Wednesday, June 26th for the 70th anniversary of the Lighthouse Café on the Plaza beginning at 7:00 pm Mayor Armato announced that on Wednesday, May 29th from 4:30 pm to 6:00 pm, South Bay residents ages 50 and over are invited to the Hermosa 50 Open House and celebration at the Community Center; on Saturday, June 1st, from 10:30 am to 1:30 pm is the annual Community Safety Fair at the Community Center and celebrate Fire Service Day; on Thursday, June 6th from 5:00 pm to 6:00 pm is the dedication of the Julian Katz Memorial Bikeway at the Bike Corral on Hermosa Avenue and 10th Street; on Saturday, June 8th and Sunday June 9th, the Hermosa Beach Fine Arts Festival will be held at the Community Center Lawn From 10:00 am to 5:00 pm each day. Mayor Pro Tem Campbell announced that she and Councilmember Duclos attended the Medal of Valor ceremony on Thursday and five Hermosa Beach Police Officers received the Life-Saving Award; Chief Sharon Papa; Acting Chief McKinnon; Officer Christopher Eslinger, Officer Nakamoto, and Officer Aurelio Lopez. APPROVAL OF AGENDA City Manager Lowenthal pulled Item 2(J) from the Consent Calendar for presentation of additional information. PROCLAMATIONS / PRESENTATIONS a)19-0339 RECOGNIZING THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION FOR THEIR SERVICE TO THE CITY OF HERMOSA BEACH City Council Minutes May 22, 2019 City of Hermosa Beach Page 5 of 12 Approved on 6/11/2019 Mayor Armato presented members of the Emergency Preparedness Advisory Commission with plaques for their years of service on the Commission. b)19-0340 UPDATE FROM JIM FASOLA - CITY DELEGATE TO THE LOS ANGELES COUNTY WEST VECTOR & VECTOR-BORNE DISEASE CONTROL DISTRICT BOARD OF TRUSTEES Jim Fasola presented an update on some of the issues the Los Angeles County West Vector and Vector-Borne Disease Control District Board is managing. c)19-0341 SOUTHERN CALIFORNIA EDISON PRESENTS 2019 CIRCUIT RELIABILITY REPORT FOR HERMOSA BEACH Ryan Robbins, District Manager of Operations from Southern California Edison presented the City Council with an update on the 2019 Circuit reliability report for the City of Hermosa Beach after which, he responded to questions from councilmembers. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)19-0356 INFILTRATION PROJECT UPDATE City Manager Lowenthal updated the City Council on the State Water Resources Control Board and the Infiltration Project. PUBLIC PARTICIPATION: Coming Forward: Jonathan Cuetko Dean Francois Karen Klink Sarah harper Trent Larson Quentin Nelson Hyram Wickland a)WRITTEN COMMUNICATION 19-0352 Recommendation:Staff recommends that the City Council receive and file the written communication. Moved by Councilmember Massey; and second by Councilmember Duclos to receive and file written Communications. The motion unanimously carried. 2. CONSENT CALENDAR: Item 2(f) was pulled from the consent Calendar for discussion and separate action. Items 2(j) and 2(k) remained on Consent; however, Council asked questions regarding Items 2(j) and 2(k) City Council Minutes May 22, 2019 City of Hermosa Beach Page 6 of 12 Approved on 6/11/2019 a) REPORT CITY COUNCIL MEETING MINUTES 19-0337 (Interim Deputy City Clerk Carol Cowley) Recommendation: Staff recommends that the City Council approve the following minutes: 1. Special Closed Session meeting of May 9, 2019 2. Regular meeting of May 14, 2019 b)REPORT CHECK REGISTERS 19-0319 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. c)REPORT REVENUE REPORT, EXPENDITURE REPORT, 19-0318 AND CIP REPORT BY PROJECT FOR APRIL 2019 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council receive and file the April 2019 Financial Reports. d) REPORT CITY TREASURER’S REPORT AND CASH BALANCE REPORT 19-0320 (City Treasurer Karen Nowicki) Recommendation:The City Treasurer recommends that the City Council receive and file the April 2019 City Treasurer's Report and Cash Balance Report. e) REPORT PROJECT STATUS REPORT AS OF APRIL 30, 2019 19-0321 (Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council receive and file the Project Status Report as of April 30, 2019. g) REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 19-0353 (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council receive and file the June 18, 2019 Planning Commission tentative future agenda items. h) REPORT ACTION MINUTES OF THE PUBLIC WORKS COMMISSION 19-0324 MEETING OF MARCH 20, 2019 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Public Works Commission meeting of March 20, 2019. i)REPORT APPROVAL OF A RESOLUTION AUTHORIZING THE PREPARATION 19-0330 OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FY 2019-2020 (Acting Public Works Director Lucho Rodriguez) City Council Minutes May 22, 2019 City of Hermosa Beach Page 7 of 12 Approved on 6/11/2019 Recommendation:Staff recommends that the City Council adopt Resolution 19-7177 authorizing the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during fiscal year 2019-2020. j)REPORT INSTALLATION OF BICYCLE INFRASTRUCTURE AS 19-0322 IDENTIFIED IN THE CITY’S ADOPTED GENERAL PLAN AND BICYCLE MASTER PLAN (Acting Director of Public Works Lucho Rodriguez) Recommendation:Staff recommends that the City Council accept the Public Works Commission recommendation to: 1. Approve the concept designs for the installation of bicycle infrastructure along Pier Avenue, Ardmore Avenue, and Manhattan Avenue based on the adopted Bicycle Master Plan and the General Plan; and 2. Prioritize the implementation of new bicycle facilities at this time based on the available funding for CIP Project 14-168 of $20,000. k) REPORT RECOMMENDATION TO APPROVE THE SECOND AMENDMENT 19-0338 TO THE PROFESSIONAL SERVICES AGREEMENT WITH M6 CONSULTING, INC. TO CONTINUE LAND DEVELOPMENT ENGINEERING SERVICES (Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Approve the Second Amendment to the existing Professional Services Agreement (PSA) with M6 Consulting, Inc. (M6) for land development engineering services, increasing the Professional Services Agreement by $60,000 to a new not to exceed amount of $310,000, and extending the term of the agreement by four months; and 2. Authorize the Mayor to execute and the City Clerk to attest the attached second amendment subject to approval by the City Attorney. l) REPORT SOUTH BAY WORKFORCE INVESTMENT BOARD 19-0332 QUARTERLY SUMMARY Recommendation:Staff recommends that the City Council receive and file the Quarterly Summary from the South Bay Workforce Investment Board (SBWIB). m) REPORT RESOLUTION APPOINTING DELEGATE AND ALTERNATE 19-0327 TO SERVE AS THE CITY’S REPRESENTATIVES ON THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) (City Clerk Elaine Doerfling) Recommendation:The City Clerk recommends that the City Council adopt Resolution 19-7178 appointing Councilmember Massey to serve as delegate and Mayor Pro Tem Campbell to serve as alternate on the South Bay Cities Council of Governments (SBCCOG). n) REPORT INTRODUCTION OF ORDINANCE MODIFYING THE 19-0346 HERMOSA BEACH MUNICIPAL CODE TO RETIRE THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION (City Manager Suja Lowenthal) City Council Minutes May 22, 2019 City of Hermosa Beach Page 8 of 12 Approved on 6/11/2019 Recommendation:Staff recommends that the City Council introduce on first reading an ordinance repealing Chapter 2.38 of the Hermosa Beach Municipal Code in its entirety. o) REPORT AWARD OF CONTRACT FOR INDEPENDENT AUDIT SERVICES 19-0304 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council: 1. Approve a contract with the firm, Gruber and Associates, for the audit of financial statements for 2018-19, 2019-20, and 2020-21 and preparation of the corresponding State Controller's Annual Report of Transactions and Annual Street Report at a cost of $88,138.96, with an option to extend for an additional two years; and 2. Transfer $5,933 from Prospective Expenditures in 2019-20 for year one services. p) REPORT APPROVAL OF HOLDING A TRI-AGENCY STUDY SESSION 19-0355 REGARDING YOUTH HEALTH ISSUES ON JUNE 5, 2019 (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council approve holding a Tri-Agency Study Session on Wednesday, June 5, 2019 at 6:00 P.M. in the Council Chambers with the Beach Cities Health District and the Hermosa Beach School District to discuss youth health issues. Councilmember Massey moved to approve the Consent Calendar excluding Item 2(f); second by Councilmember Fangary, the motion unanimously carried. 3. CONSENT ORDINANCES a) REPORT ORDINANCE NO. 19-1392 - “AN ORDINANCE OF 19-0326 THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 5.78.030 (DEFINITIONS) AND SECTION 5.78.100 (OPERATING REQUIREMENTS) IN CHAPTER 5.78 OF THE HERMOSA BEACH MUNICIPAL CODE (TOBACCO RETAIILERS) TO BAN TOBACCO RETAILERS FROM SELLING ALL FLAVORED TOBACCO PRODUCTS” (City Clerk Elaine Doerfling) Recommendation:The City Clerk recommends that the City Council waive full reading and adopt by title Ordinance No. 19-1392. Moved by mayor Pro Tem Campbell moved to waive reading and adopt Ordinance No. 19-1392 by title only; second by councilmember Duclos. The motion unanimously carried. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION f) REPORT ACTION SHEET OF THE PLANNING COMMISSION 19-0354 MEETING OF MAY 21, 2019 Recommendation: Staff recommends that the City Council receive and file the action sheet of the Planning Commission meeting of May 21, 2019. City Council Minutes May 22, 2019 City of Hermosa Beach Page 9 of 12 Approved on 6/11/2019 Coming Forward: Dean Francois After discussion, the City Council concurred to take jurisdiction over the Planning Commission’s action on Conditional Use Permit Amendment 18-3 and Parking Plan Amendment 18-2. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) REPORT PUBLIC HEARING ON THE ANNUAL LEVY FOR 19-0307 THE SEWER CHARGE AND ENGINEER’S REPORT (Acting Public Works Director Lucho Rodriguez) Recommendation:It is recommended that the City Council hold a public hearing, and: 1. Make a finding that there is no majority protest by property owners within the City of Hermosa Beach; and 2. Adopt Resolution No. 19-7179, with attached Engineer's Report, and place the sewer service charge on the annual County of Los Angeles Tax Roll. The public hearing was opened at 9:03 pm. Coming Forward: Trent Larson Dean Francois The public hearing was closed at 9:07 pm. Moved by Councilmember Massey to approve the Resolution and place the sewer service charge on the annual County of Los Angeles tax roll; second by Councilmember Duclos. The motion unanimously carried. 6. MUNICIPAL MATTERS a)REPORT CONSIDERATION OF SPECIAL EVENT FEE WAIVER 19-0328 REQUESTS FOR BEST DAY FOUNDATION BEACH DAY FROM SATURDAY, JUNE 15 - SUNDAY, JUNE 16; AND SATURDAY, SEPTEMBER 14 - SUNDAY, SEPTEMBER 15, 2019 (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council consider a special event fee waiver request totaling $140 from the Best Day Foundation for "Best Day Foundation Beach Day" on June 15-16 and September 14-15, 2019. Moved by Mayor Pro Tem Campbell to approve the Request for a 50% fee waiver total $140; second by Councilmember Fangary. The motion unanimously carried. b) REPORT PARTICIPATION IN BEACH CITIES TRANSIT (BCT) LINE 109 19-0315 AGREEMENT, WITH NO REQUIRED FINANCIAL CONTRIBUTION City Council Minutes May 22, 2019 City of Hermosa Beach Page 10 of 12 Approved on 6/11/2019 FROM THE CITY FOR FISCAL YEAR 2019-2020, WITH THE CITIES OF EL SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH, FUNDED FROM PROPOSITION A FUNDS (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Approve participation for one year along with the other beach cities, with no required financial contribution from the City for Fiscal Year 2019-2020; and 2. Direct the Mayor to sign the agreement on behalf of the City. Moved by Councilmember Massey to approve staff’s recommendation to participate for one year and direct the Mayor to sign the agreement on behalf of the City; second by Councilmember Fangary. The motion unanimously carried. c) REPORT RESOLUTION SETTING THE SALARY AND DUTIES FOR THE 19-0280 ELECTED CITY CLERK SHOULD THE NOVEMBER 5, 2019 BALLOT MEASURE FOR APPOINTED CITY CLERK FAIL (Assistant to the City Manager Nico De Anda-Scaia) Recommendation:Staff recommends that the City Council adopt Resolution No. 19-XXXX setting the salary and duties for the Elected City Clerk, should the November 5, 2019 ballot measure seeking approval of the electorate for an Appointed City Clerk fail. Moved by Mayor Pro Tem Campbell to adopt the resolution 19-7180 setting the salary and duties for the Elected City Clerk; second by Councilmember Fangary. The motion unanimously carried. 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) REPORT CONSIDERATION OF A LETTER OF SUPPORT 19-0329 FOR H.R. 1487 - SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT STUDY ACT (Assistant to the City Manager Nico De Anda-Scaia) Recommendation:Staff recommends that the City Council: 1. Approve, on behalf of the City, support for H.R. 1487, the Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act, introduced by Congressman Ted Lieu; and 2. Authorize the Mayor to sign a letter of support for H.R. 1487on behalf of the City. Moved by Mayor Pro Tem Campbell to authorize the Mayor to sign a letter of support for H.R. 1487on behalf of the City; second by Councilmember Fangary. The motion unanimously carried. b)19-0331 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES City Council Minutes May 22, 2019 City of Hermosa Beach Page 11 of 12 Approved on 6/11/2019 Mayor Armato provided an update on the Downtown Enhancement Sub-committee regarding the cost to replace existing landscaping from the median along Hermosa Avenue and to renovate the Valley Park restrooms. The Sub-committee requested funds be added to this year’s budget when it is brought back for consideration, or during the mid-year budget. Councilmember Massey added that the sub-committee walked with staff to look at the newly installed lights and provided input to staff. The downtown lighting improvements are a work in progress. A brief discussion among Council whether the landscaping along the Hermosa Avenue median would include the planting of trees or drought-tolerant landscaping. Councilmember Duclos suggested the Fiesta Sub-committee get together with staff for a post Fiesta meeting. City Manager Lowenthal indicated that once the Community Resources staff puts together an operational analysis and receives input from the Chamber a post Fiesta debriefing will be scheduled. Councilmember Fangary advised Council that the South Bay Cities COG had this very extensive conversation about cannabis and also that Senate Bill SB 50 has been changed to a new 2-year bill. 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. Councilmember Duclos requested the City Council consider Hermosa Beach withdrawing from the Contract Cities Association due to an Incident that occurred at the most recent conference. Council supported placing an item on a future agenda for discussion. Mayor Pro Tem Campbell suggested establishing a sub-committee to look into the Cannabis issues discussed by Mr. Cuetco, so the City will be prepared to address issues when they come up. Councilmember Massey invited Mayor Pro Tem Campbell to participate with him in conversations he has been having with the police chief. a) 19-0349 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda Items. Mayor Armato and Councilmember Massey asked when the matter of City Branding would be on the future agenda Items list. Assistant to the City Manager Nico De Anda-Scaia responded. City Council Minutes May 22, 2019 City of Hermosa Beach Page 12 of 12 Approved on 6/11/2019 ADJOURNMENT The meeting was adjourned at 10:35 pm to a Study Session on Wednesday, June 5, 2019 at 6:00 pm. ELAINE DOERFLING CITY CLERK City of Hermosa Beach Special Meeting Minutes Thursday, May 31, 2019 Council Chambers 1315 Valley Drive, Hermosa Beach, CA 90254 City Council Mayor Stacey Armato Mayor Pro Tem Mary Campbell Councilmembers Hany S. Fangary Justin Massey Jeff Duclos 6:00 P.M. Special Meeting CALL TO ORDER IN COUNCIL CHAMBERS 6.00 pm ROLL CALL Present: 5 Councilmember Duclos, Councilmember Massey, Mayor Pro Tempore Campbell and Mayor Armato Absent: 1 Councilmember Fangary PUBLIC COMMENT Coming forward: Dency Nelson Barbara Ellman Lauren Pizer Mains Sheryl Main 1.REPORT APPROVAL OF THE LOCATION AGREEMENT WITH BOB BAIN PRODUCTIONS, INC. FOR THE 20019 TEEN CHOICE AWARDS TO BE HELD ON THE BEACH SOUTH OF THE PEIR ON SUNDAY, AUGUST 11, 2019 (Community Resources Manager Kelly Orta) Recommendation: Staff recommends that the City Council approve the Location Agreement with Bob Bain Productions, Inc. for the 2019 Teen Choice Awards to be held on the beach south of the Pier on Sunday, August 11, 2019. Councilmember Duclos Moved to approve the Location Agreement with Bob Bain Productions, Inc.; second by Mayor Pro Tem Campbell. The motion carried. Ayes: 5 Campbell, Duclos, Massey, Mayor Armato Noes:0 Absent: 1 Fangary ADJOURNMENT The meeting was adjourned at 7:00 pm ELAINE DOERFLING CITY CLERK City of Hermosa Beach City of Hermosa Beach Regular Meeting Minutes Tuesday, May 28, 2019 Council Chambers 1315 Valley Drive. Hermosa Beach, CA 90254 City Council Mayor Stacey Armato Mayor Pro Tem Mary Campbell Councilmembers Hany S. Fangary Justin Massey Jeff Duclos 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 6:01 pm ROLL CALL Present: 4 Councilmembers: Campbell, Duclos, Massey (arrived during closed session) Mayor Armato Absent: 1 Councilmembers Fangary 6/11/19, ITEM 2a - CITY COUNCIL MINUTES SUPPLEMENTAL REVISED 5/28/19 MEETING MINUTES SUBMITTED BY DEPUTY CITY CLERK CAROL COWLEY ON 6/10/19 AT 6:15 P.M. City Council Minutes May 22, 2019 City of Hermosa Beach Page 2 of 12 Approved on 6/11/2019 PUBLIC COMMENT Coming Forward: Anthony Higgins RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:06 pm 1. 19-0333 MINUTES: Approval of minutes of Closed Session held on May 14, 2019. 2. 19-0334 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: City Manager Employee Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Unrepresented Employees 3. 19-0342 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: 1 4. 19-0350 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 5. 19-0351 CONFERENCE WITH LEGAL COUNSEL: Non-Litigated Claims Update Existing Litigation - Government Code Section 54956.9(d)(2) and (e)(3) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Claimant: Rosie Johnson, Claim Number: 16-127310 Date of Loss: 8/15/2016, Date Filed: 8/16/2016, City Council Minutes May 22, 2019 City of Hermosa Beach Page 3 of 12 Approved on 6/11/2019 Date of Amended Claim: 2/14/2017 Allegation: Property damage and bodily injury from car accident involving city vehicle ADJOURNMENT OF CLOSED SESSION The meeting was adjourned at 7:15 pm. ELAINE DOERFLING CITY CLERK City Council Minutes May 22, 2019 City of Hermosa Beach Page 4 of 12 Approved on 6/11/2019 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:17 pm PLEDGE OF ALLEGIANCE Led by Karen Klink ROLL CALL Present: 5 Councilmembers, Campbell, Duclos, Fangary (arrived at 7:28 pm), Massey, Mayor Armato Absent: 0 CLOSED SESSION REPORT City Attorney Jenkins announced there was one person who spoke before Council adjourned to closed session that was not related to the Closed Session items on the agenda. There was no action to report. ANNOUNCEMENTS Councilmember Duclos announced there will be a celebratory event on Wednesday, June 26th for the 70th anniversary of the Lighthouse Café on the Plaza beginning at 7:00 pm Mayor Armato announced that on Wednesday, May 29th from 4:30 pm to 6:00 pm, South Bay residents ages 50 and over are invited to the Hermosa 50 Open House and celebration at the Community Center; on Saturday, June 1st, from 10:30 am to 1:30 pm is the annual Community Safety Fair at the Community Center and celebrate Fire Service Day; on Thursday, June 6th from 5:00 pm to 6:00 pm is the dedication of the Julian Katz Memorial Bikeway at the Bike Corral on Hermosa Avenue and 10th Street; on Saturday, June 8th and Sunday June 9th, the Hermosa Beach Fine Arts Festival will be held at the Community Center Lawn From 10:00 am to 5:00 pm each day. Mayor Pro Tem Campbell announced that she and Councilmember Duclos attended the Medal of Valor ceremony on Thursday and five Hermosa Beach Police Officers received the Life-Saving Award; Chief Sharon Papa; Acting Chief McKinnon; Officer Christopher Eslinger, Officer Nakamoto, and Officer Aurelio Lopez. APPROVAL OF AGENDA City Manager Lowenthal pulled Item 2(J) from the Consent Calendar for presentation of additional information. PROCLAMATIONS / PRESENTATIONS a) 19-0339 RECOGNIZING THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION FOR THEIR SERVICE TO THE CITY OF HERMOSA BEACH City Council Minutes May 22, 2019 City of Hermosa Beach Page 5 of 12 Approved on 6/11/2019 Mayor Armato presented members of the Emergency Preparedness Advisory Commission with plaques for their years of service on the Commission. b) 19-0340 UPDATE FROM JIM FASOLA - CITY DELEGATE TO THE LOS ANGELES COUNTY WEST VECTOR & VECTOR-BORNE DISEASE CONTROL DISTRICT BOARD OF TRUSTEES Jim Fasola presented an update on some of the issues the Los Angeles County West Vector and Vector-Borne Disease Control District Board is managing. c) 19-0341 SOUTHERN CALIFORNIA EDISON PRESENTS 2019 CIRCUIT RELIABILITY REPORT FOR HERMOSA BEACH Ryan Robbins, District Manager of Operations from Southern California Edison presented the City Council with an update on the 2019 Circuit reliability report for the City of Hermosa Beach after which, he responded to questions from councilmembers. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a) 19-0356 INFILTRATION PROJECT UPDATE City Manager Lowenthal updated the City Council on the State Water Resources Control Board and the Infiltration Project. PUBLIC PARTICIPATION: Coming Forward: Jonathan Cvetko Dean Francois Karen Klink Sarah harper Trent Larson Quentin Nelson Hyram Wickland a) WRITTEN COMMUNICATION 19-0352 Recommendation: Staff recommends that the City Council receive and file the written communication. Moved by Councilmember Massey; and second by Councilmember Duclos to receive and file written Communications. The motion unanimously carried. 2. CONSENT CALENDAR: Item 2(f) was pulled from the consent Calendar for discussion and separate action. Items 2(j) and 2(k) remained on Consent; however, Council asked questions regarding Items 2(j) and 2(k) City Council Minutes May 22, 2019 City of Hermosa Beach Page 6 of 12 Approved on 6/11/2019 a) REPORT CITY COUNCIL MEETING MINUTES 19-0337 (Interim Deputy City Clerk Carol Cowley) Recommendation: Staff recommends that the City Council approve the following minutes: 1. Special Closed Session meeting of May 9, 2019 2. Regular meeting of May 14, 2019 b) REPORT CHECK REGISTERS 19-0319 (Finance Director Viki Copeland) Recommendation: Staff recommends that the City Council ratify the following check registers. c) REPORT REVENUE REPORT, EXPENDITURE REPORT, 19-0318 AND CIP REPORT BY PROJECT FOR APRIL 2019 (Finance Director Viki Copeland) Recommendation: Staff recommends that the City Council receive and file the April 2019 Financial Reports. d) REPORT CITY TREASURER’S REPORT AND CASH BALANCE REPORT 19-0320 (City Treasurer Karen Nowicki) Recommendation: The City Treasurer recommends that the City Council receive and file the April 2019 City Treasurer's Report and Cash Balance Report. e) REPORT PROJECT STATUS REPORT AS OF APRIL 30, 2019 19-0321 (Acting Public Works Director Lucho Rodriguez) Recommendation: Staff recommends that the City Council receive and file the Project Status Report as of April 30, 2019. g) REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 19-0353 (Community Development Director Ken Robertson) Recommendation: Staff recommends that the City Council receive and file the June 18, 2019 Planning Commission tentative future agenda items. h) REPORT ACTION MINUTES OF THE PUBLIC WORKS COMMISSION 19-0324 MEETING OF MARCH 20, 2019 Recommendation: Staff recommends that the City Council receive and file the action minutes of the Public Works Commission meeting of March 20, 2019. i) REPORT APPROVAL OF A RESOLUTION AUTHORIZING THE PREPARATION 19-0330 OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FY 2019-2020 (Acting Public Works Director Lucho Rodriguez) City Council Minutes May 22, 2019 City of Hermosa Beach Page 7 of 12 Approved on 6/11/2019 Recommendation: Staff recommends that the City Council adopt Resolution 19-7177 authorizing the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during fiscal year 2019-2020. j) REPORT INSTALLATION OF BICYCLE INFRASTRUCTURE AS 19-0322 IDENTIFIED IN THE CITY’S ADOPTED GENERAL PLAN AND BICYCLE MASTER PLAN (Acting Director of Public Works Lucho Rodriguez) Recommendation: Staff recommends that the City Council accept the Public Works Commission recommendation to: 1. Approve the concept designs for the installation of bicycle infrastructure along Pier Avenue, Ardmore Avenue, and Manhattan Avenue based on the adopted Bicycle Master Plan and the General Plan; and 2. Prioritize the implementation of new bicycle facilities at this time based on the available funding for CIP Project 14-168 of $20,000. k) REPORT RECOMMENDATION TO APPROVE THE SECOND AMENDMENT 19-0338 TO THE PROFESSIONAL SERVICES AGREEMENT WITH M6 CONSULTING, INC. TO CONTINUE LAND DEVELOPMENT ENGINEERING SERVICES (Acting Public Works Director Lucho Rodriguez) Recommendation: Staff recommends that the City Council: 1. Approve the Second Amendment to the existing Professional Services Agreement (PSA) with M6 Consulting, Inc. (M6) for land development engineering services, increasing the Professional Services Agreement by $60,000 to a new not to exceed amount of $310,000, and extending the term of the agreement by four months; and 2. Authorize the Mayor to execute and the City Clerk to attest the attached second amendment subject to approval by the City Attorney. l) REPORT SOUTH BAY WORKFORCE INVESTMENT BOARD 19-0332 QUARTERLY SUMMARY Recommendation: Staff recommends that the City Council receive and file the Quarterly Summary from the South Bay Workforce Investment Board (SBWIB). m) REPORT RESOLUTION APPOINTING DELEGATE AND ALTERNATE 19-0327 TO SERVE AS THE CITY’S REPRESENTATIVES ON THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) (City Clerk Elaine Doerfling) Recommendation: The City Clerk recommends that the City Council adopt Resolution 19-7178 appointing Councilmember Massey to serve as delegate and Mayor Pro Tem Campbell to serve as alternate on the South Bay Cities Council of Governments (SBCCOG). n) REPORT INTRODUCTION OF ORDINANCE MODIFYING THE 19-0346 HERMOSA BEACH MUNICIPAL CODE TO RETIRE THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION (City Manager Suja Lowenthal) City Council Minutes May 22, 2019 City of Hermosa Beach Page 8 of 12 Approved on 6/11/2019 Recommendation: Staff recommends that the City Council introduce on first reading an ordinance repealing Chapter 2.38 of the Hermosa Beach Municipal Code in its entirety. o) REPORT AWARD OF CONTRACT FOR INDEPENDENT AUDIT SERVICES 19-0304 (Finance Director Viki Copeland) Recommendation: Staff recommends that the City Council: 1. Approve a contract with the firm, Gruber and Associates, for the audit of financial statements for 2018-19, 2019-20, and 2020-21 and preparation of the corresponding State Controller's Annual Report of Transactions and Annual Street Report at a cost of $88,138.96, with an option to extend for an additional two years; and 2. Transfer $5,933 from Prospective Expenditures in 2019-20 for year one services. p) REPORT APPROVAL OF HOLDING A TRI-AGENCY STUDY SESSION 19-0355 REGARDING YOUTH HEALTH ISSUES ON JUNE 5, 2019 (City Manager Suja Lowenthal) Recommendation: Staff recommends that the City Council approve holding a Tri-Agency Study Session on Wednesday, June 5, 2019 at 6:00 P.M. in the Council Chambers with the Beach Cities Health District and the Hermosa Beach School District to discuss youth health issues. Councilmember Massey moved to approve the Consent Calendar excluding Item 2(f); second by Councilmember Fangary, the motion unanimously carried. 3. CONSENT ORDINANCES a) REPORT ORDINANCE NO. 19-1392 - “AN ORDINANCE OF 19-0326 THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 5.78.030 (DEFINITIONS) AND SECTION 5.78.100 (OPERATING REQUIREMENTS) IN CHAPTER 5.78 OF THE HERMOSA BEACH MUNICIPAL CODE (TOBACCO RETAIILERS) TO BAN TOBACCO RETAILERS FROM SELLING ALL FLAVORED TOBACCO PRODUCTS” (City Clerk Elaine Doerfling) Recommendation: The City Clerk recommends that the City Council waive full reading and adopt by title Ordinance No. 19-1392. Moved by mayor Pro Tem Campbell moved to waive reading and adopt Ordinance No. 19-1392 by title only; second by councilmember Duclos. The motion unanimously carried. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION f) REPORT ACTION SHEET OF THE PLANNING COMMISSION 19-0354 MEETING OF MAY 21, 2019 Recommendation: Staff recommends that the City Council receive and file the action sheet of the Planning City Council Minutes May 22, 2019 City of Hermosa Beach Page 9 of 12 Approved on 6/11/2019 Commission meeting of May 21, 2019. Coming Forward: Dean Francois After discussion, the City Council concurred to take jurisdiction over the Planning Commission’s action on Conditional Use Permit Amendment 18-3 and Parking Plan Amendment 18-2. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a) REPORT PUBLIC HEARING ON THE ANNUAL LEVY FOR 19-0307 THE SEWER CHARGE AND ENGINEER’S REPORT (Acting Public Works Director Lucho Rodriguez) Recommendation: It is recommended that the City Council hold a public hearing, and: 1. Make a finding that there is no majority protest by property owners within the City of Hermosa Beach; and 2. Adopt Resolution No. 19-7179, with attached Engineer's Report, and place the sewer service charge on the annual County of Los Angeles Tax Roll. The public hearing was opened at 9:03 pm. Coming Forward: Trent Larson Dean Francois The public hearing was closed at 9:07 pm. Moved by Councilmember Massey to approve the Resolution and place the sewer service charge on the annual County of Los Angeles tax roll; second by Councilmember Duclos. The motion unanimously carried. 6. MUNICIPAL MATTERS a) REPORT CONSIDERATION OF SPECIAL EVENT FEE WAIVER 19-0328 REQUESTS FOR BEST DAY FOUNDATION BEACH DAY FROM SATURDAY, JUNE 15 - SUNDAY, JUNE 16; AND SATURDAY, SEPTEMBER 14 - SUNDAY, SEPTEMBER 15, 2019 (Community Resources Manager Kelly Orta) Recommendation: Staff recommends that the City Council consider a special event fee waiver request totaling $140 from the Best Day Foundation for "Best Day Foundation Beach Day" on June 15-16 and September 14-15, 2019. Moved by Mayor Pro Tem Campbell to approve the Request for a 50% fee waiver total $140; second by Councilmember Fangary. The motion unanimously carried. City Council Minutes May 22, 2019 City of Hermosa Beach Page 10 of 12 Approved on 6/11/2019 b) REPORT PARTICIPATION IN BEACH CITIES TRANSIT (BCT) LINE 109 19-0315 AGREEMENT, WITH NO REQUIRED FINANCIAL CONTRIBUTION FROM THE CITY FOR FISCAL YEAR 2019-2020, WITH THE CITIES OF EL SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH, FUNDED FROM PROPOSITION A FUNDS (Community Development Director Ken Robertson) Recommendation: Staff recommends that the City Council: 1. Approve participation for one year along with the other beach cities, with no required financial contribution from the City for Fiscal Year 2019-2020; and 2. Direct the Mayor to sign the agreement on behalf of the City. Moved by Councilmember Massey to approve staff’s recommendation to participate for one year and direct the Mayor to sign the agreement on behalf of the City; second by Councilmember Fangary. The motion unanimously carried. c) REPORT RESOLUTION SETTING THE SALARY AND DUTIES FOR THE 19-0280 ELECTED CITY CLERK SHOULD THE NOVEMBER 5, 2019 BALLOT MEASURE FOR APPOINTED CITY CLERK FAIL (Assistant to the City Manager Nico De Anda-Scaia) Recommendation: Staff recommends that the City Council adopt Resolution No. 19-XXXX setting the salary and duties for the Elected City Clerk, should the November 5, 2019 ballot measure seeking approval of the electorate for an Appointed City Clerk fail. Moved by Mayor Pro Tem Campbell to adopt the resolution 19-7180 setting the salary and duties for the Elected City Clerk; second by Councilmember Fangary. The motion unanimously carried. 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) REPORT CONSIDERATION OF A LETTER OF SUPPORT 19-0329 FOR H.R. 1487 - SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT STUDY ACT (Assistant to the City Manager Nico De Anda-Scaia) Recommendation: Staff recommends that the City Council: 1. Approve, on behalf of the City, support for H.R. 1487, the Santa Monica Mountains National Recreation Area Boundary Adjustment Study Act, introduced by Congressman Ted Lieu; and 2. Authorize the Mayor to sign a letter of support for H.R. 1487on behalf of the City. Moved by Mayor Pro Tem Campbell to authorize the Mayor to sign a letter of support for H.R. 1487on behalf of the City; second by Councilmember Fangary. The motion unanimously carried. b) 19-0331 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES City Council Minutes May 22, 2019 City of Hermosa Beach Page 11 of 12 Approved on 6/11/2019 Mayor Armato provided an update on the Downtown Enhancement Sub-committee regarding the cost to replace existing landscaping from the median along Hermosa Avenue and to renovate the Valley Park restrooms. The Sub-committee requested funds be added to this year’s budget when it is brought back for consideration, or during the mid-year budget. Councilmember Massey added that the sub-committee walked with staff to look at the newly installed lights and provided input to staff. The downtown lighting improvements are a work in progress. A brief discussion among Council whether the landscaping along the Hermosa Avenue median would include the planting of trees or drought-tolerant landscaping. Councilmember Duclos suggested the Fiesta Sub-committee get together with staff for a post Fiesta meeting. City Manager Lowenthal indicated that once the Community Resources staff puts together an operational analysis and receives input from the Chamber a post Fiesta debriefing will be scheduled. Councilmember Fangary advised Council that the South Bay Cities COG had this very extensive conversation about cannabis and also that Senate Bill SB 50 has been changed to a new 2-year bill. 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. Councilmember Duclos requested the City Council consider Hermosa Beach withdrawing from the Contract Cities Association due to an Incident that occurred at the most recent conference. Council supported placing an item on a future agenda for discussion. Mayor Pro Tem Campbell suggested establishing a sub-committee to look into the Cannabis issues discussed by Mr. Cvetco, so the City will be prepared to address issues when they come up. Councilmember Massey invited Mayor Pro Tem Campbell to participate with him in conversations he has been having with the police chief. a) 19-0349 TENTATIVE FUTURE AGENDA ITEMS Recommendation: Staff recommends that the City Council receive and file the tentative future agenda Items. Mayor Armato and Councilmember Massey asked when the matter of City Branding would be on the future agenda Items list. Assistant to the City Manager Nico De Anda-Scaia responded. City Council Minutes May 22, 2019 City of Hermosa Beach Page 12 of 12 Approved on 6/11/2019 ADJOURNMENT The meeting was adjourned at 10:35 pm to a Study Session on Wednesday, June 5, 2019 at 6:00 pm. ELAINE DOERFLING CITY CLERK City of Hermosa Beach Special Meeting Minutes Friday, May 31, 2019 Council Chambers 1315 Valley Drive, Hermosa Beach, CA 90254 City Council Mayor Stacey Armato Mayor Pro Tem Mary Campbell Councilmembers Hany S. Fangary Justin Massey Jeff Duclos 6:00 P.M. Special Meeting CALL TO ORDER IN COUNCIL CHAMBERS 6.00 pm ROLL CALL Present: 4 Councilmember Duclos, Councilmember Massey, Mayor Pro Tempore Campbell and Mayor Armato Absent: 1 Councilmember Fangary PUBLIC COMMENT Coming Forward: Dency Nelson Barbara Ellman Lauren Pizer Mains Sheryl Main 1.REPORT APPROVAL OF THE LOCATION AGREEMENT WITH BOB BAIN PRODUCTIONS, INC. FOR THE 20019 TEEN 6/11/19, ITEM 2a - CITY COUNCIL MINUTES SUPPLEMENTAL REVISED 5/31/19 MEETING MINUTES SUBMITTED BY DEPUTY CITY CLERK CAROL COWLEY ON 6/10/19 AT 6:15 P.M. CHOICE AWARDS TO BE HELD ON THE BEACH SOUTH OF THE PEIR ON SUNDAY, AUGUST 11, 2019 (Community Resources Manager Kelly Orta) Recommendation: Staff recommends that the City Council approve the Location Agreement with Bob Bain Productions, Inc. for the 2019 Teen Choice Awards to be held on the beach south of the Pier on Sunday, August 11, 2019. Councilmember Duclos Moved to approve the Location Agreement with Bob Bain Productions, Inc.; second by Mayor Pro Tem Campbell. The motion carried. Ayes: 4 Campbell, Duclos, Massey, Mayor Armato Noes: 0 Absent: 1 Fangary ADJOURNMENT The meeting was adjourned at 7:00 pm ELAINE DOERFLING CITY CLERK City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0359 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: Staff recommends that the City Council ratify the following check registers. Attachments: 1.Check Register 5/16/19 a 2.Check Register 5/16/19 b 3.Check Register 5/22/19 4.Check Register 5/23/19 Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 1 of 1 powered by Legistar™ 05/16/2019 Check Register CITY OF HERMOSA BEACH 1 4:19:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91901 5/16/2019 AQUA FLO SD0472031 MAT REQ 668206/BACKFLOW PREVENTERS09366 125-8546-4201 893.17 Total : 893.1709366 91902 5/16/2019 ART TO GROW ON, INC PO 33323 INSTRUCTOR PAYMENT/CLASSES 8220/822215002 001-4601-4221 1,470.00 Total : 1,470.0015002 91903 5/16/2019 AT&T 248 134-9454 462 8 PD WHITE PAGES LISTING/MAY1900321 001-2101-4304 13.98 PD COMPUTER CIRCUITS/MAY19960 461-1985 555 7 001-2101-4304 108.64 Total : 122.6200321 91904 5/16/2019 AUTOMOTIVE TRAINING AUTHORITY 164576 HANAOKA/HYBRID/ELECTRIC CAR TRAINING15911 001-4202-4317 269.00 Total : 269.0015911 91905 5/16/2019 BEST BEST & KRIEGER LLP 848393 CITY ATTORNEY/GENERAL/APR1920942 001-1131-4201 25,318.10 CITY ATTORNEY/NORTH SCHOOL MOU/APR19848394 001-1131-4201 1,327.70 CITY ATTORNEY/GREENBELT INFILTRATE/APR19848395 001-1131-4201 1,795.20 CITY ATTORNEY SERVICES/LAND USE/APR19848396 001-1131-4201 878.90 CITY ATTORNEY SERVICES/CROSSFIT/APR19848397 001-1133-4201 6,384.60 CITY ATTORNEY SERVICES/ROTH V TRAN/APR19848398 001-1133-4201 273.63 CITY ATTORNEY/CITY V SANFORD/APR19848399 001-1133-4201 8,838.20 CITY ATTORNEY SERVICES/PITCHESS/APR19848400 001-1131-4201 211.83 CITY ATTORNEY SERVICES/RTI/APR19848401 001-2108 576.00 LEGAL SRVCS/PIER STRAND HOTEL EIR/APR19848402 001-2105 50.00 2b (1) 05/16/2019 Check Register CITY OF HERMOSA BEACH 2 4:19:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91905 5/16/2019 (Continued)BEST BEST & KRIEGER LLP20942 CITY ATTORNEY SERVICES/PERSONNEL/APR19848403 001-1203-4201 1,422.40 Total : 47,076.5620942 91906 5/16/2019 BRAUN LINEN SERVICE 1532439 thru 1538218 PRISONER LAUNDRY/APR1900163 001-2101-4306 267.26 Total : 267.2600163 91907 5/16/2019 BURKE, WILLIAMS & SORENESEN 240163 LEGAL SERVICES/LABOR NEGOTIATIONS/MAR1920054 001-1203-4201 3,333.50 Total : 3,333.5020054 91908 5/16/2019 CALIFORNIA BUILDING STANDARDS PO 33356 CA BLDG STANDARDS ADMIN FEES/JAN19-MAR1915663 001-3204 302.40 Total : 302.4015663 91909 5/16/2019 DEWEY PEST CONTROL Account 759408 PO 14430/PEST CONTROL/MAY1911449 001-4204-4201 694.00 Total : 694.0011449 91910 5/16/2019 DEWEY PEST CONTROL Account 1233239 PO 14430/SEWER RAT ABATEMENT/MAY1911449 160-3102-4201 262.00 Total : 262.0011449 91911 5/16/2019 DIV OF THE STATE ARCHITECT PO 33308 REVISED BUS LIC CASP FEES 2013-201818263 001-6851 -93.90 001-6851 1,096.10 BUS LIC CASP FEES/JAN19-MAR19PO 33309 001-6851 267.80 Total : 1,270.0018263 91912 5/16/2019 FELSING, RONALD Parcel 4181-023-017 SEWER & STREET LIGHT TAX REBATE19561 105-3105 24.61 001-6871 121.69 Total : 146.3019561 91913 5/16/2019 FIRST CALL STAFFING, INC.00709-164295 PW MGMT ANALYST TEMP W/E 4/28/1906344 001-4202-4112 1,664.00 05/16/2019 Check Register CITY OF HERMOSA BEACH 3 4:19:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 1,664.00 91913 5/16/2019 FIRST CALL STAFFING, INC.06344 91914 5/16/2019 FRONTIER 209-188-4669-0714985 LANDLINES/COMPUTER LINKS/MAY1919884 001-3302-4304 71.06 001-2101-4304 690.32 001-4204-4321 215.72 001-4202-4304 54.11 001-4201-4304 157.95 001-3304-4304 60.47 001-1204-4304 52.77 PD COMPUTER CIRCUITS/MAY19209-190-0013-1206175 001-2101-4304 885.89 CASHIER TAPS LINE/MAY19310-318-8751-0128095 001-1204-4304 55.09 DUI BREATHALYZER IN JAIL AREA/MAY19310-318-9210-0827185 001-2101-4304 66.14 PERSONNEL FAX LINE/MAY19310-372-6373-0311045 001-1203-4304 52.90 EOC CABLE & INTERNET/MAY19323-159-2268-0924145 715-1206-4304 291.19 Total : 2,653.6119884 91915 5/16/2019 GATES, GEORGE H Parcel 4188-012-089 STREET LIGHT TAX REBATE21346 105-3105 24.61 Total : 24.6121346 91916 5/16/2019 LA CO SHERIFFS DEPARTMENT 193272BL MAT REQ 768001/PRISONER MEALS/MAR1900151 001-2101-4306 145.05 Total : 145.0500151 91917 5/16/2019 LA SUPERIOR COURT - TORRANCE PO 33358 CITATION SURCHARGES/APR1900118 001-3302 66,681.40 Total : 66,681.4000118 91918 5/16/2019 LEWIS, ANNIE G.PO 33340 INSTRUCTOR PAYMENT/CLASSES 7990/799220732 001-4601-4221 1,197.00 Total : 1,197.0020732 91919 5/16/2019 MAGNUM VENTURE PARTNERS PO 33341 INSTRUCTOR PAYMENT/CLASS 797818274 001-4601-4221 2,037.00 05/16/2019 Check Register CITY OF HERMOSA BEACH 4 4:19:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91919 5/16/2019 (Continued)MAGNUM VENTURE PARTNERS18274 INSTRUCTOR PAYMENT/CLASSES 7961/7962PO 33342 001-4601-4221 2,105.30 Total : 4,142.3018274 91920 5/16/2019 MAIN STREET TOURS 41642/Mat Req 863390 DOWNTOWN LA EXCURSION/PER PERSON COST10045 001-4601-4201 2,132.00 DOWNTOWN LA EXCURSION/BUS TRANSPORTATION41643/Mat Req 863389 145-3409-4201 1,180.00 Total : 3,312.0010045 91921 5/16/2019 MAXIMOUS, MEDHAT F Parcel 4184-013-032 STREET LIGHT & SEWER TAX REBATE16451 001-6871 121.69 105-3105 24.61 Total : 146.3016451 91922 5/16/2019 MOTWANE, AMAN Parcel 4184-008-010 STREET LIGHT TAX REBATE18634 105-3105 24.61 Total : 24.6118634 91923 5/16/2019 OUR LADY OF GUADALUPE CHURCH Receipt 2001153.003 THEATRE DAMAGE DEPOSIT RETURN09326 001-2111 405.00 Total : 405.0009326 91924 5/16/2019 PINEDA, LUIS PO 33345 MILEAGE/BEHAVIORAL THREAT ASSESS/MGMT20016 001-2101-4317 47.10 Total : 47.1020016 91925 5/16/2019 PLATA, YUNUEN PO 33346 MILEAGE/LEADER STRATEGY/PROBLEM EMPLOYEE18411 001-2101-4317 16.70 Total : 16.7018411 91926 5/16/2019 POSTMASTER PO 33347 BULK MAIL PERMIT 460/REPLENISH POSTAGE00398 001-1204-4305 3,000.00 Total : 3,000.0000398 91927 5/16/2019 PROVIDENCE MEDICAL Guarantor ID 1010127 MAT REQ 768017/SART EXAM/MAR1901911 001-2101-4201 730.00 Total : 730.0001911 05/16/2019 Check Register CITY OF HERMOSA BEACH 5 4:19:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91928 5/16/2019 SBCU VISA 09D0034513168 CC PD WATER DELIVERY 3/13/19-4/12/1903353 001-2101-4305 232.89 FORD FUSION VEHICLE 37 REPAIR335910 CC 715-2101-4311 1,826.67 MCKINNON/FED AIR MARSHAL MEET/PARKINGMemo CC 001-2101-4317 8.00 DETECTIVE DOVE/BUSINESS CARDSOrder 456261273 CC 001-2101-4305 38.86 8 BLACK POSTER FRAMESOrder Ending 1442 CC 001-2101-4305 248.15 CASE FOR NALOXONE (NARCAN) KITSOrder Ending 2208 CC 001-2101-5402 575.64 GREY POLO SHIRT FOR VOLUNTEERPO 33133 CC 001-3302-4201 29.41 GREY POLO SHIRT FOR VOLUNTEER/REFUNDPO 33133 CC 001-3302-4201 -17.83 TEAM BUILDING WORKSHOP/ROOM DEPOSITPO 33206 Deposit CC 001-2101-4317 500.00 MCKINNON/LACPCA SPRING CONFERENCETR 770 CC 001-2101-4317 514.98 MCKINNON/POST EXEC DEVELOP PART 1TR 776 CC 001-2101-4312 47.00 MCKINNON/POST EXEC DEVELOP PART 1TR 776 CC 001-2101-4312 732.95 Total : 4,736.7203353 91929 5/16/2019 SOCAL GAS Account 17078132879 YARD CNG STATION/APR1900170 001-4204-4303 149.68 Total : 149.6800170 91930 5/16/2019 STRAIGHTLINE BACKFLOW, INC.001503 ANNUAL BACKFLOW TESTING21304 001-6101-4201 2,499.00 Total : 2,499.0021304 91931 5/16/2019 TARANGO, CHERYL Parcel 4184-019-027 SEWER & STREET LIGHT TAX REBATE11818 105-3105 24.61 001-6871 121.69 Total : 146.3011818 05/16/2019 Check Register CITY OF HERMOSA BEACH 6 4:19:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91932 5/16/2019 TURNINGWEST, INC.923 COMM DEV TEAM BUILDING CONSULT/TRAIN21252 001-1203-4317 2,000.00 Total : 2,000.0021252 91933 5/16/2019 UNDERGROUND SERVICE ALERT 18dsbfee2060 UNDERGROUND SRVC ALERTS/STATE FEES/MAY1908207 160-3102-4201 38.69 UNDERGROUND SERVICE ALERTS/APR19420190317 160-3102-4201 107.35 Total : 146.0408207 91934 5/16/2019 US ARMOR 22731 BULLETPROOF VEST/FRANCO/MCDERM/SARGENT09374 001-2101-4350 1,048.50 150-2111-4350 1,048.50 001-2101-4350 6.35 150-2111-4350 6.36 001-2101-4350 99.61 150-2111-4350 99.61 Total : 2,308.9309374 194355711 5/10/2019 ADMINSURE AS AGENT FOR THE 5/16/19 Check Run WORK COMP CLAIMS REIMB/APR1914691 705-1217-4324 9,807.51 Total : 9,807.5114691 195723081 5/10/2019 ADMINSURE AS AGENT FOR THE 5/16/19 Check Run WORK COMP CLAIMS REIMB/APR19-MAY1914691 705-1217-4324 13,453.67 Total : 13,453.6714691 1574317248 5/16/2019 EMPLOYMENT DEVELOPMENT DEPT LetterID L1054947680 UNEMPLOYMENT CLAIMS/JAN19-MAR1901397 705-1215-4186 1,346.94 Total : 1,346.9401397 1943003408 5/10/2019 ADMINSURE AS AGENT FOR THE 5/16/19 Check Run WORK COMP CLAIMS REIMB/APR1914691 705-1217-4324 9,693.92 Total : 9,693.9214691 Bank total : 186,585.20 38 Vouchers for bank code :boa 186,585.20Total vouchers :Vouchers in this report 38 05/16/2019 Check Register CITY OF HERMOSA BEACH 7 4:19:45PM 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 7 inclusive, of the check register for 5/16/19 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 5/29/19 05/16/2019 Check Register CITY OF HERMOSA BEACH 1 5:28:08PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91935 5/16/2019 GEORGE TOONS 6119 CARICATURE SERVICES FOR SAFETY FAIR21270 001-3302-4201 300.00 Total : 300.0021270 Bank total : 300.00 1 Vouchers for bank code :boa 300.00Total vouchers :Vouchers in this report 1 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 1 inclusive, of the check register for 5/16/19 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 5/29/19 2b (2) 05/22/2019 Check Register CITY OF HERMOSA BEACH 1 10:16:57AM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91937 5/22/2019 DREAM LIFE LOUD, LLC PO 33402 REIMB/TEAM BLDG GIFTCARD GIVEAWAYS21350 001-2101-4305 159.83 Total : 159.8321350 Bank total : 159.83 1 Vouchers for bank code :boa 159.83Total vouchers :Vouchers in this report 1 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 1 inclusive, of the check register for 5/22/19 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 5/29/19 2b (3) 05/23/2019 Check Register CITY OF HERMOSA BEACH 1 5:38:36PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91938 5/23/2019 AMERICAN GUARD SERVICES, INC. 208666 (PO 14206) CROSSING GUARD SERVICES/MAR1920685 001-2102-4201 13,396.96 Total : 13,396.9620685 91939 5/23/2019 ANAHEIM REGIONAL MED CENTER PO 33374 SART EXAM/CONTROL #81585719002CB816684 001-2101-4201 850.00 Total : 850.0016684 91940 5/23/2019 ASCENT ELEVATOR SERVICES, INC 15682 (PO 14268) ELEVATOR MAINTENANCE/MAY1918891 001-4204-4201 288.00 Total : 288.0018891 91941 5/23/2019 AT&T 310 796-6526 991 3 PD COMPUTER CIRCUITS/MAY1900321 001-2101-4304 122.27 Total : 122.2700321 91942 5/23/2019 AT&T MOBILITY 287016141723X0514201 PW ADMIN/COUNCIL/CELL PHONES/APR1913361 001-4202-4304 153.00 001-1101-4304 23.69 Total : 176.6913361 91943 5/23/2019 AUSTIN, WILLIAM A Parcel 4188-025-032 STREET LIGHT & SEWER TAX REBATE21353 105-3105 24.61 001-6871 121.69 Total : 146.3021353 91944 5/23/2019 BARTEL ASSOCIATES LLC 19-244 (PO 13559) CALPERS 6/30/17 ACTUARIAL REVIEW12387 001-1202-4201 1,590.00 Total : 1,590.0012387 91945 5/23/2019 BECKETT, PAUL J Parcel 4183-005-069 STREET LIGHT TAX REBATE21352 105-3105 24.61 Total : 24.6121352 91946 5/23/2019 BEEDY, JIM PO 33409 REIMB/DISPOSAL OF 79 TIRES FROM YARD21282 715-4206-4201 158.00 Total : 158.0021282 91947 5/23/2019 CALIFORNIA MARKING DEVICE 6278/Mat Req 868954 "DISTRIBUTION COPIES" CUSTOM STAMP00262 2b (4) 05/23/2019 Check Register CITY OF HERMOSA BEACH 2 5:38:36PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91947 5/23/2019 (Continued)CALIFORNIA MARKING DEVICE00262 001-1121-4305 41.61 Total : 41.6100262 91948 5/23/2019 CHARM-TEX 0190049-IN SANI-CLOTH WIPES FOR JAIL19277 001-2101-4306 154.90 JAIL SUPPLIES/INMATE TSHIRTS0190484-IN 001-2101-4306 27.54 Total : 182.4419277 91949 5/23/2019 CLEAN ENERGY CE12189706 COMPRESSED NATURAL GAS/VEHICLES/APR1909694 715-4601-4310 71.85 Total : 71.8509694 91950 5/23/2019 COLLINS, DENNIS PO 33376 INSTRUCTOR PAYMENT/CLASS NO. 801905970 001-4601-4221 427.70 Total : 427.7005970 91951 5/23/2019 DOOLEY ENTERPRISES INC 56554 MAT REQ 773300/SHOOTING RANGE AMMUNITION12735 001-2101-4201 1,583.93 Total : 1,583.9312735 91952 5/23/2019 EASY READER Statement No. 4723 MAT REQ 868959/LEGAL ADS/APR19-MAY1900181 001-1121-4323 371.25 Total : 371.2500181 91953 5/23/2019 ESCUTIA, XOCHITL PO 33379/TR 786 REIMB/CALPAC/BAGGAGE FEES/TAXI19988 001-2101-4317 138.35 Total : 138.3519988 91954 5/23/2019 EVANS, MARLIN K.PO 33380 INSTUCTOR PAYMENT/CLASS NO. 806515059 001-4601-4221 340.50 Total : 340.5015059 91955 5/23/2019 FAMILY THEATRE INC Receipt 2001154.003 THEATRE DAMAGE DEPOSIT RETURN16932 001-2111 500.00 Total : 500.0016932 91956 5/23/2019 FIRST CALL STAFFING, INC.00709-164362 PW MGMT ANALYST TEMP W/E 5/5/1906344 001-4202-4112 1,664.00 05/23/2019 Check Register CITY OF HERMOSA BEACH 3 5:38:36PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91956 5/23/2019 (Continued)FIRST CALL STAFFING, INC.06344 PW MGMT ANALYST TEMP W/E 5/12/1900709-164422 001-4202-4112 1,664.00 Total : 3,328.0006344 91957 5/23/2019 FRONTIER 310-318-9800-1204155 CHAMBERS EOC ANALOG LINES/MAY1919884 715-1206-4304 1,405.21 2ND FLOOR CITY HALL FAX 5/16-6/15/19310-372-6186-0831895 001-1121-4304 11.11 001-1141-4304 11.11 001-1201-4304 11.11 001-1203-4304 11.11 001-1202-4304 11.11 FAX LINE IN CHIEF PAPA'S OFFICE/MAY19310-406-2153-1018065 001-2101-4304 59.99 FIBER OPTIC LINE 5/13/19-6/12/19323-155-6779-0822065 715-1206-4201 215.98 Total : 1,736.7319884 91958 5/23/2019 GAVLICK, STEPHEN G.PO 33369 CITATION NO. 31013587 OVERPAYMENT21341 001-3302 2.00 Total : 2.0021341 91959 5/23/2019 GOLDEN TOUCH CLEANING, INC.66170 (PO 14468)JANITORIAL/CITY-OWNED BLDGS/APR1920627 001-4204-4201 9,111.00 Total : 9,111.0020627 91960 5/23/2019 GOODELL, STEPHEN B.Parcel 4187-011-055 SEWER & STREET LIGHT TAX REBATE20914 001-6871 121.69 105-3105 24.61 Total : 146.3020914 91961 5/23/2019 HARTZOG AND CRABILL INC 19-0116 ON-CALL TRAFFIC ENGINEERING/FEB1914204 001-3104-4201 5,569.00 Total : 5,569.0014204 91962 5/23/2019 HDL COREN & CONE 0026464-IN/PO 14491 PROPERTY TAX AUDIT SERVICES/APR19-JUN1903131 001-1202-4201 1,375.00 Total : 1,375.0003131 05/23/2019 Check Register CITY OF HERMOSA BEACH 4 5:38:36PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91963 5/23/2019 HRBOKA, DENNIS PO 33392 INSTRUCTOR PAYMENT/CLASS NO. 778809130 001-4601-4221 1,268.40 Total : 1,268.4009130 91964 5/23/2019 IBI GROUP 10006377/PO 12478 COASTAL ZONE PARKING STUDY/NOV17-FEB1805969 150-4107-4201 14,457.50 COASTAL ZONE PARKING STUDY/MAR18-JUN1810006940/PO 12478 150-4107-4201 6,586.00 Total : 21,043.5005969 91965 5/23/2019 IPS GROUP INC 41802 PARKING METER MAINTENANCE PARTS19314 001-3302-4309 420.00 001-3302-4309 48.90 PARKING METER WIRELESS/CC FEES/APR1942014 001-3305-4201 970.19 001-3304-4201 1,116.81 001-3302-4201 10,576.10 Total : 13,132.0019314 91966 5/23/2019 JOL DESIGN Mat Req 863341 420 VALLEY PARK CAMP PARTICIPANT SHIRTS12162 001-4601-4308 3,021.65 15 VALLEY PARK DAY CAMP HATS FOR STAFFMat Req 863342 001-4601-4201 122.64 Total : 3,144.2912162 91967 5/23/2019 JULIE WOLFE OR ALAN PHENIX PO 33372 CITATION NO. 40001243 OVERPAYMENT21339 001-3302 78.00 Total : 78.0021339 91968 5/23/2019 LOS ANGELES PHILHARMONIC ASSOC Account 596779 HOLLYWOOD BOWL EXCURSION/BAL DUE17288 001-4601-4201 1,439.00 Total : 1,439.0017288 91969 5/23/2019 M6 CONSULTING INC 1105-19 (PO 9142)LAND DEVELOP/ENCROACHMENT REVIEW/APR1919487 001-4202-4201 3,660.00 LAND DEVELOP REVIEW/SKECHERS/APR191106-19 (PO 9142) 001-2131 5,490.00 Total : 9,150.0019487 91970 5/23/2019 MAKAI EVENTS INC PO 33381 CITATIONS 37007500/32007201 OVERPAYMENT21343 05/23/2019 Check Register CITY OF HERMOSA BEACH 5 5:38:36PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91970 5/23/2019 (Continued)MAKAI EVENTS INC21343 001-3302 106.00 Total : 106.0021343 91971 5/23/2019 MANHATTAN BEACH, CITY OF 18-02702 COORDINATED WATERSHED MGMT 18/1900183 161-3109-4201 24,984.00 Total : 24,984.0000183 91972 5/23/2019 MANIACI INSURANCE SERVICES 919 (PO 14354)BENEFITS CONNECT ADMINISTRATION/APR1918312 001-1203-4201 578.34 Total : 578.3418312 91973 5/23/2019 MCGOVERN, KATHLEEN OR JEFFREY PO 33382 CITATION NO. 35008371 OVERPAYMENT21342 001-3302 30.00 Total : 30.0021342 91974 5/23/2019 MERCHANTS LANDSCAPE SERVICES 53924 (PO 14377)CITYWIDE LANDSCAPING SERVICES/APR1918071 001-6101-4201 19,200.00 CITYWIDE LANDSCAPING SERVICES/APR1953925 (PO 14377) 105-2601-4201 3,700.00 Total : 22,900.0018071 91975 5/23/2019 PALMA, ORLANDO OR LORIE PO 33384 CITATION NO. 40003826 OVERPAYMENT21345 001-3302 18.00 Total : 18.0021345 91976 5/23/2019 PARS 42886 PARS ARS FEES/MAR1914693 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 91977 5/23/2019 POMERANITZ, EFRAT G.PO 33385 INSTRUCTOR PAYMENT/CLASS NO. 816719853 001-4601-4221 350.00 Total : 350.0019853 05/23/2019 Check Register CITY OF HERMOSA BEACH 6 5:38:36PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91978 5/23/2019 PROSUM TECHNOLOGY SERVICES SIN019962 PO 14224/IT SUPPORT SERVICES/MAY1911539 715-1206-4201 14,830.42 Total : 14,830.4211539 91979 5/23/2019 PROVIDENCE MEDICAL Mat Req 768273 EMPLOYEE FIRST AID/MAY1901911 001-1203-4320 333.00 Total : 333.0001911 91980 5/23/2019 RAVEL, FRANCOISE Parcel 4169-037-018 STREET LIGHT & SEWER TAX REBATE11266 105-3105 24.61 001-6871 121.69 Total : 146.3011266 91981 5/23/2019 RYDER, LISA R PO 13910 GREEN BUSINESS PROGRAM/JAN19-MAR1916970 001-1201-4201 7,900.00 Total : 7,900.0016970 91982 5/23/2019 SIP PRINT GROUP, INC 1402 PD PHONE RECORDING 4/20/19-4/19/2118044 001-2101-4201 1,890.00 Total : 1,890.0018044 91983 5/23/2019 SMARTCOVER SYSTEMS 12559 SEWER LEVEL MONITORING JUL19-JUN2020282 160-3102-4201 1,526.00 Total : 1,526.0020282 91984 5/23/2019 SOUTHERN CALIFORNIA EDISON CO 2-00-989-6911 ELECTRICITY/APR1900159 105-2601-4303 70.16 ELECTRICITY/APR192-00-989-7315 105-2601-4303 14,918.31 001-4204-4303 1,568.47 ELECTRICITY/APR192-01-836-7458 105-2601-4303 13.02 ELECTRICITY/APR192-02-274-0542 001-6101-4303 10.73 ELECTRICITY/APR192-08-629-3669 001-4204-4303 61.20 ELECTRICITY/APR192-09-076-5850 105-2601-4303 38.45 ELECTRICITY/APR192-19-024-1604 001-4204-4303 1,206.87 05/23/2019 Check Register CITY OF HERMOSA BEACH 7 5:38:36PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91984 5/23/2019 (Continued)SOUTHERN CALIFORNIA EDISON CO00159 ELECTRICITY/APR192-20-128-4825 001-3304-4303 1,284.21 ELECTRICITY/APR192-20-128-5475 001-4204-4303 209.47 ELECTRICITY/APR192-20-984-6369 105-2601-4303 46.31 ELECTRICITY/APR192-21-400-7684 105-2601-4303 17.39 ELECTRICITY/APR192-26-686-5930 105-2601-4303 238.44 ELECTRICITY/APR192-31-250-3303 001-4204-4303 31.64 ELECTRICITY/APR192-36-722-1322 105-2601-4303 29.26 ELECTRICITY/APR192-37-909-1838 001-4204-4303 515.63 Total : 20,259.5600159 91985 5/23/2019 SOUTHLAND FIRE ALARM GROUP INC 3147211 PARKING STRUCTURE ELEVATOR STATE INSPECT16339 001-3304-4201 975.00 Total : 975.0016339 91986 5/23/2019 SPCALA 2019-0430 PO 14433/ANIMAL SERVICES/APR1918821 001-3302-4201 400.00 Total : 400.0018821 91987 5/23/2019 SPECTRUM BUSINESS 0049969051119 PD/CABLE/MAY1920236 001-2101-4201 72.09 PW YARD/CABLE 5/16/19-6/15/190088884051619 001-4204-4201 127.22 Total : 199.3120236 91988 5/23/2019 SPORTS CAMP MANAGEMENT PO 33386 INSTRUCTOR PAYMENT/CLASS NO. 827018036 001-4601-4221 420.00 Total : 420.0018036 91989 5/23/2019 SPRINT 269424317-209 PD TRUNK MODEM 11/APR1910098 153-2106-4201 35.00 05/23/2019 Check Register CITY OF HERMOSA BEACH 8 5:38:36PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91989 5/23/2019 (Continued)SPRINT10098 COMM RES/CELL PHONES/APR19551834312-209 001-4601-4304 161.84 Total : 196.8410098 91990 5/23/2019 STANLEY SECURITY SOLUTIONS 16422601 (PO 14126)CITY HALL PANIC BUTTONS/MAY19-APR2016806 715-2101-4201 2,814.96 Total : 2,814.9616806 91991 5/23/2019 STAPLES ADVANTAGE 8054319160 DIVIDERS FOR PRELIMINARY BUDGET BINDERS09532 001-1202-4201 109.74 001-1202-4201 10.43 Total : 120.1709532 91992 5/23/2019 STRAIGHTLINE BACKFLOW, INC.001505 BACKFLOW REPAIRS FOR COUNTY INSPECTION21304 001-6101-4201 1,130.35 Total : 1,130.3521304 91993 5/23/2019 STUNTZ, DOLORES Parcel 4185-011-025 STREET LIGHT & SEWER TAX REBATE07253 105-3105 24.61 001-6871 121.69 Total : 146.3007253 91994 5/23/2019 SUHLING, SUE Receipt 2001156.003 DAMAGE DEPOSIT REFUND/SOUTH PARK RM 421354 001-2111 57.00 Total : 57.0021354 91995 5/23/2019 THE PIN CENTER 0519089 500 CITY LAPEL PINS08879 001-1203-4201 677.00 Total : 677.0008879 91996 5/23/2019 TORRANCE AUTO PARTS 215946 thru 218231 AUTO REPAIR/MAINTENANCE PARTS/APR1916735 715-2101-4311 215.61 715-3302-4311 41.23 Total : 256.8416735 91997 5/23/2019 TURBODATA SYSTEMS, INC.30086 (PO 14431)TICKET WRITER WIRELESS FEES 4/25-5/24/1920670 001-3302-4201 1,250.00 Total : 1,250.0020670 05/23/2019 Check Register CITY OF HERMOSA BEACH 9 5:38:36PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 91998 5/23/2019 UPS 000023R146209 REQ 768018/SHIP BADGES TO V&V (VENDOR)14148 001-2101-4305 8.44 Total : 8.4414148 91999 5/23/2019 V AND V MANUFACTURING 48114 38 POLICE HAT BADGES01938 001-2101-4314 2,049.30 001-2101-4314 193.14 Total : 2,242.4401938 92000 5/23/2019 VERIZON WIRELESS LA 9829929577 CD/CELL PHONES/APR1903209 001-4201-4304 159.07 EMERGENCY MANAGER/CELL PHONE/APR199829976638 001-1201-4304 53.74 Total : 212.8103209 92001 5/23/2019 VRANA, JEFFREY OR LESLIE PO 33387 CITATION NO. 33000692 OVERPAYMENT21344 001-3302 30.00 Total : 30.0021344 92002 5/23/2019 WATERMANS Credit Memo 19469 ENCROACHMENT FEE OVERPAYMENT REFUND20268 001-3834 30.00 Total : 30.0020268 92003 5/23/2019 WITTMAN ENTERPRISES LLC 1903062 (PO 14587)AMBULANCE TRANSPORT BILLING/MAR1913359 001-1202-4201 4,301.78 Total : 4,301.7813359 92004 5/23/2019 YEOMANS, MELITTA Parcel 4160-024-015 STREET LIGHT & SEWER TAX REBATE18368 105-3105 24.61 001-6871 121.69 Total : 146.3018368 92005 5/23/2019 YOUNG, DONALD CURTIS PO 33388 INSTRUCTOR PAYMENT/CLASSES 7982/315815 001-4601-4221 728.00 Total : 728.0015815 3600958 4/30/2019 DEPT OF HEALTH CARE SRVS/GEMT PO 33367 MED TRANSPORT QUALITY ASSURANCE FEE/JUL121347 001-3840 5,449.68 Total : 5,449.6821347 05/23/2019 Check Register CITY OF HERMOSA BEACH 10 5:38:36PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 3642600 5/15/2019 DEPT OF HEALTH CARE SRVS/GEMT PO 33368 MED TRANSPORT QUALITY ASSURANCE FEE/JUL121347 001-3840 5,727.21 Total : 5,727.2121347 3642614 5/15/2019 DEPT OF HEALTH CARE SRVS/GEMT GEM0519K791 AMBULANCE/QUALITY ASSURANCE FEE/JAN-MAR121347 001-3840 5,071.23 Total : 5,071.2321347 1952216606 5/15/2019 ADMINSURE AS AGENT FOR THE 5/23/19 Check Run LIABILITY CLAIMS REIMB/APR1914691 705-1209-4324 504.95 Total : 504.9514691 1952329006 5/15/2019 ADMINSURE AS AGENT FOR THE 5/23/19 Check Run WORK COMP CLAIMS REIMB/MAY1914691 705-1217-4324 4,603.59 Total : 4,603.5914691 1952652014 5/22/2019 ADMINSURE AS AGENT FOR THE 5/23/19 Check Run WORK COMP CLAIMS REIMB/MAY1914691 705-1217-4324 5,811.21 Total : 5,811.2114691 Bank total : 230,596.71 74 Vouchers for bank code :boa 230,596.71Total vouchers :Vouchers in this report 74 05/23/2019 Check Register CITY OF HERMOSA BEACH 11 5:38:36PM 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 11 inclusive, of the check register for 5/23/19 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 5/29/19 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0305 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 ADOPTION OF THE 2019-20 APPROPRIATIONS LIMIT (Finance Director Viki Copeland) Recommended Action: Staff recommends that the City Council adopt Resolution 19-xxxx setting $41,849,570 as the Fiscal Year 2019-20 Appropriations Limit. Background: On November of 1979,Article XIII B of the California State Constitution was added by the voters through Proposition 4.This Article established limits,using a formula,on state and local governments for appropriation of revenue from tax proceeds. On June 5,1990,Proposition 111 modified the method of calculating the limit,beginning with Fiscal Year 1990-91,to allow the City to choose the most beneficial of two adjustment factors for inflation and population as follows: Inflation California Per Capita Personal Income Change or Increase in Non-Residential Assessed Valuation Due to New Construction. Population City Population Growth or County Population Growth. Proposition 111 also implemented a requirement that the City’s Appropriation Limit be reviewed annually by an independent auditor. Analysis: The law requires adoption of the 2019-20 limit by resolution and a recorded vote of the Council to select annual adjustment factors.The annual adjustment factors are set forth in the attached resolution,based on the Uniform Guidelines published by the League of California Cities in March 1991 to determine the limit and appropriations subject to the limit.The 2019-20 Appropriations Limit City of Hermosa Beach Printed on 6/6/2019Page 1 of 2 powered by Legistar™ Staff Report REPORT 19-0305 1991 to determine the limit and appropriations subject to the limit.The 2019-20 Appropriations Limit was calculated,per the League of California Cities Uniform Guidelines,by applying the population and inflation factors to the prior year limit.The City’s population change of .17%was used as the population growth factor since it is greater than the population increase of -.01%for the County of Los Angeles.The California Per Capita Personal Income Change of 3.85%was used,as the increase in Non-Residential Assessed Valuation Due to New Construction is .33%.The factor with the largest change is always chosen to give the City maximum discretion with regard to appropriations.The appropriations limit for the City of Hermosa Beach for Fiscal Year 2019-2020 is $41,849,570. The limit calculation will be reviewed by the City’s auditors during the annual financial audit. General Plan Consistency: PLAN Hermosa,the City’s long-range planning document,was adopted by the City Council in August 2017,and envisions a future where “Hermosa Beach is the small town others aspire to be;a place where our beach culture,strong sense of community,and commitment to sustainability intersect.” One of the guiding principles to achieve the vision is to make decisions and take actions that help contribute to the City’s economic and fiscal stability. Fiscal Impact: The City is significantly under the 2019-20 Appropriations Limit;therefore,the adoption of the limit has no fiscal impact. Attachments: 1. Resolution Adopting 2019-20 Appropriations Limit 2. 2019-20 Calculation of Appropriations Limit Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/6/2019Page 2 of 2 powered by Legistar™ Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 19-xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2019- 2020 WHEREAS, the voters of California, on November 6, 1979, added Article XIII B to the State Constitution, placing various limitations on appropriations of state and local governments; and WHEREAS, Article XIII B provides that the appropriations limit for the fiscal year 2019- 2020 is calculated by adjusting the base year appropriations of fiscal year 1978-79 and subsequent years for changes in the cost of living and population; and WHEREAS, Proposition 111 (Section 1.5 of Article XIII B), enacted by the voters on June 5, 1990, modified the method of calculating the limit, beginning with fiscal year 1990-91; and WHEREAS, the City of Hermosa Beach has complied with all of the provisions of Article XIII B in determining the appropriations limit for fiscal year 2019-2020; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the City of Hermosa Beach chooses to use the California Per Capita Personal Income Change as the inflation adjustment factor for fiscal year 2019-2020. SECTION 2. The City of Hermosa Beach chooses to use the Change in Population for the City of Hermosa Beach as the growth adjustment factor for fiscal year 2019-2020. SECTION 3. The City of Hermosa Beach uses the Uniform Guidelines published by the League of California Cities in March 1991 to determine the limit and appropriations subject to the limit. Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. Documentation for calculation of the limit is on file in the Finance Department and will be reviewed by the City’s auditors during the annual financial audit, as required by Proposition 111. SECTION 5. The appropriations limit for the City of Hermosa Beach for fiscal year 2019-2020 is $41,849,570. SECTION 6. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 11th day of June, 2019. ________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ________________________________ _______________________________ City Clerk City Attorney CITY OF HERMOSA BEACH 2019-20 CALCULATION OF APPROPRIATION LIMIT HISTORY OF LIMITATION Limitation for 1986-87 Fiscal Year $8,609,437 1987-88 Per Capita Income Change =3.47% >1.0544 County of Los Angeles Population Change = 1.91% Limitation $9,077,790 1988-89 Per Capita Income Change =4.66% >1.0655 County of Los Angeles Population Change = 1.81% Limitation $9,672,386 1989-90 Per Capita Income Change =5.19% >1.0638 County of Los Angeles Population Change = 1.14% Limitation $10,289,484 1990-91 Per Capita Income Change =4.21% >1.0562 County of Los Angeles Population Change = 1.36% Limitation $10,867,753 1991-92 Per Capita Income Change =4.14% >1.0594 County of Los Angeles Population Change = 1.73% Limitation $11,513,297 1992-93 Per Capita Income Change =-0.64% >1.0084 County of Los Angeles Population Change = 1.49% Limitation $11,610,009 1993-94 Per Capita Income Change =2.72% >1.0371 County of Los Angeles Population Change = 0.96% Limitation $12,040,740 1994-95 Per Capita Income Change =0.71% >1.0147 County of Los Angeles Population Change = 0.75% Limitation $12,217,739 1995-96 Per Capita Income Change =4.72% >1.0507 County of Los Angeles Population Change = 0.33% Limitation $12,837,178 1996-97 Per Capita Income Change =4.67% >1.0517 County of Los Angeles Population Change = 0.48% Limitation $13,500,860 CITY OF HERMOSA BEACH 2019-20 CALCULATION OF APPROPRIATION LIMIT HISTORY OF LIMITATION 1997-98 Per Capita Income Change =4.67% >1.0597 County of Los Angeles Population Change = 1.24% Limitation $14,306,861 1998-99 Per Capita Income Change =4.15% >1.0604 County of Los Angeles Population Change = 1.81% Limitation $15,170,995 1999-00 Per Capita Income Change =4.53% >1.0639 County of Los Angeles Population Change = 1.78% Limitation $16,140,422 2000-01 Per Capita Income Change =4.91% >1.0675 County of Los Angeles Population Change = 1.75% Limitation $17,229,900 2001-02 Per Capita Income Change =7.82% >1.0961 County of Los Angeles Population Change = 1.66% Limitation $18,885,693 2002-03 Increase in non-residential assessed valuation due to new construction =1.00% >1.0299 City of Hermosa Beach Population Change =1.97% Limitation $19,450,375 2003-04 Per Capita Income Change =2.31% >1.0401 County of Los Angeles Population Change = 1.66% Limitation $20,230,335 2004-05 Per Capita Income Change = 3.28% >1.0471 County of Los Angeles Population Change = 1.38% Limitation $21,183,184 2005-06 Per Capita Income Change =5.26% >1.0650 County of Los Angeles Population Change =1.18% Limitation $22,560,091 2006-07 Per Capita Income Change =3.96% >1.0477 County of Los Angeles Population Change =0.78% Limitation $23,636,207 CITY OF HERMOSA BEACH 2019-20 CALCULATION OF APPROPRIATION LIMIT HISTORY OF LIMITATION 2007-08 Per Capita Income Change =4.42% >1.0515 County of Los Angeles Population Change =0.72% Limitation $24,853,472 2008-09 Per Capita Income Change =4.29% >1.0519 County of Los Angeles Population Change =0.86% Limitation $26,143,367 2009-10 Increase in non-residential assessed valuation due to new construction =0.88% >1.0179 County of Los Angeles Population Change =0.90% Limitation $26,611,333 2010-11 Increase in non-residential assessed valuation due to new construction =1.01% >1.019 City of Hermosa Beach Population Change =0.94% Limitation $27,116,948 2011-12 Increase in non-residential assessed valuation due to new construction =2.75% >1.0314 County of Los Angeles Population Change =0.38% Limitation $27,968,420 2012-13 Increase in non-residential assessed valuation due to new construction =9.71% >1.101268 County of Los Angeles Population Change =0.38% Limitation $30,800,726 2013-14 Per Capita Income Change =5.12% >1.05845328 County of Los Angeles Population Change =0.69% Limitation $32,601,127 2014-15 Increase in non-residential assessed valuation due to new construction =1.31% >1.021002 County of Los Angeles Population Change =0.78% Limitation $33,285,816 2015-16 Per Capita Income Change 3.82% >1.046713 County of Los Angeles Population Change =0.82% Limitation 34,840,696$ 2016-17 Per Capita Income Change 5.37% >1.062656 County of Los Angeles Population Change =0.85% Limitation 37,023,675$ CITY OF HERMOSA BEACH 2019-20 CALCULATION OF APPROPRIATION LIMIT HISTORY OF LIMITATION 2017-18 Per Capita Income Change 3.69% >1.042810 County of Los Angeles Population Change =0.57% Limitation 38,608,659$ 2018-19 Per Capita Income Change 3.67% >1.041987 County of Los Angeles Population Change =0.51% Limitation 40,229,720$ 2019-20 Per Capita Income Change 3.85% >1.040265 City of Hermosa Beach Population Change =0.17% Limitation 41,849,570$ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0366 Honorable Mayor and Members of the Hermosa Beach City Council Adjourned Regular Meeting of June 11, 2019 HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2019-2020 ADOPTION OF RESOLUTIONS REGARDING THE ENGINEER'S REPORT AND SETTING JULY 9, 2019 FOR A PUBLIC HEARING (Acting Public Works Director Lucho Rodriguez) Recommended Action: Staff recommends that the City Council: 1.Adopt the attached Resolution approving the Engineer's Report for Hermosa Beach Landscaping &Street Lighting District 2019-2020 ("District")made pursuant to the requirements of Resolution No. 19-7177; and 2.Adopt the attached Resolution declaring the City Council’s intention to order certain improvements and to levy and collect assessments within the District for the fiscal year beginning July 1,2019 through June 30,2020;and setting July 9,2019 to accept public input on the matter of the proposed assessment. Executive Summary: The Hermosa Beach Street Lighting and Landscaping Assessment District was created in FY 1989- 90 for street lighting and median maintenance purposes pursuant to Street and Highway Code Sections 22500-22679. The Landscaping and Street Lighting District must be renewed annually. Background: The Landscaping and Street Lighting District provides for the maintenance and operation of the citywide street lighting program and landscaping within street medians and parkways.The Landscaping and Street Lighting District must be renewed annually. When the District was originally formed in FY 1989-90,the assessment amount was set at $16.84 per dwelling unit.In FY 1995-96 the assessment amount was increased to $54.82 with the exception of senior citizens,for whom the $16.84 amount was maintained through a rebate program.Due to a surplus of funds in FY 1997-98,the assessment amount was reduced to the present amount of $41.45.This surplus of District funds was able to cover the increasing costs of services up until FY 2003-04.Since this time,the District has been running a deficit,requiring supplemental revenue subsidy from the General Fund. City of Hermosa Beach Printed on 6/7/2019Page 1 of 3 powered by Legistar™ Staff Report REPORT 19-0366 Analysis: The Landscaping and Street Lighting District assesses all property owners in the City in order to provide funding for the maintenance and operation of the citywide street lighting program and landscaping within the street medians and parkways.The City Council must confirm the annual assessment each year to be placed on the tax rolls to be collected by the County Tax Assessor. This year’s assessment amount is set at $41.45 per dwelling unit,which has not increased since 1996.With the passage of Proposition 218 in 1996,this amount cannot be increased without the approval of the affected property owners through a ballot procedure under the majority protest rule. This means that the proposed assessment would be defeated if more than 50%of the ballots received are opposed to the increase. The adoption of the attached Resolutions is necessary at this time so that a public hearing can be held to take testimony on the assessments.The first Resolution approves the report prepared by the Acting Director of Public Works acting as the Assessment Engineer.Its adoption confirms that the report has been prepared prior to the public hearing.This report,enclosed in the resolution herein as Attachment No.1, covers matters relating to the District and is on file in the office of the City Clerk. The adoption of the second Resolution provides for the setting of a public hearing for July 9,2019 at 7:30 PM.At the conclusion of the public hearing,staff will provide Council with a Resolution it may adopt ordering the assessments. 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 relevant goals to the Hermosa Beach Landscaping and Street Lighting District are contained within the Mobility,Parks + Open Space, and Infrastructure Elements: Mobility: 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. 2.4 Sustainable landscape.Use consistent and sustainable landscape and streetscape designs that reflect the city’s community identity;showcase local assets and the community’s unique and vibrant culture. Parks + Open Space: 10.3 Green space co-benefits.Recognize the many positive qualities provided by landscaping,trees, and green space including reduced heat gain,controlled stormwater runoff,absorbed noise,reduced City of Hermosa Beach Printed on 6/7/2019Page 2 of 3 powered by Legistar™ Staff Report REPORT 19-0366 soil erosion, improved aesthetic character, and absorption of air pollution. Infrastructure: 1.1 Infrastructure systems plan.Establish and adopt an integrated,holistic systems approach to guide infrastructure development, improvement, maintenance, and resilience. 1.4 Fair share assessments.Require new development and redevelopment projects to pay their fair share of the cost of infrastructure improvements needed to serve the project,and ensure that needed infrastructure is available prior to or at the time of project completion. Fiscal Impact: The General Fund would contribute $175,932 to the Landscaping and Street Lighting Assessment District Fund to maintain the Landscaping and Street Lighting Assessment District for 2019-20. Attachments: 1.Resolution approving the District, with Engineer’s Report attached 2.Resolution appointing a time and place for the public hearing Respectfully Submitted by: Lucho Rodriguez, Acting Public Works Director Concur: Leeanne Singleton, AICP, Environmental Analyst Noted for Fiscal Impact: Charlotte Newkirk, Accounting Manager Legal Review:Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 3 of 3 powered by Legistar™ - 1 - ATTACHMENT 1 RESOLUTION NO. 19-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER’S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2019-2020. WHEREAS, the City Council of the City of Hermosa Beach, California, by its Resolution No. 19-7177, adopted May 28, 2019, ordered the Acting Director of Public Works to prepare and file a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California, in connection with the proposed maintenance and operation of streets and sidewalks within an e xisting assessment district to be designated as the “Hermosa Beach Landscaping and Street Lighting District 2019-2020”, including the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities located in and along such streets and sidewalks for the fiscal year commencing July 1, 2019 and ending June 30, 2020; and WHEREAS, the Acting Director of Public Works, acting as the Assessment Engineer, prepared and filed in the office of the City Clerk a written report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972; and WHEREAS, the City Clerk presented the report of the Acting Director of Public Works to the City Council, and the City Council carefully examined, inspected and considered the report and is satisfied with the report and with each and all of the items set forth therein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The report of the Acting Director of Public Works entitled “Engineer’s Report, Hermosa Beach Landscaping and Street Lighting District 2019- 2020,” which was prepared and filed pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California, is hereby approved as filed. SECTION 2. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the or iginal of the same to be entered among the original resolutions of the City Council, and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. - 2 - ATTACHMENT 1 PASSED, APPROVED and ADOPTED this 11th day of June, 2019. ____________________________________________________ MAYOR of the City of Hermosa Beach, California ATTEST: ____________________________________________________, CITY CLERK APPROVED AS TO FORM: ____________________________________________________, CITY ATTORNEY - 1 - ATTACHMENT 2 RESOLUTION NO. 19-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2019-2020 FOR THE FISCAL YEAR BEGINNING JULY 1, 2019 AND ENDING JUNE 30, 2020, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The public interest and convenience require, and it is the intention of the City Council of the City of Hermosa Beach, California, to order certain improvements within an existing citywide assessment district for the fiscal year beginning July 1, 2019 and ending June 30, 2020, and to levy and collect assessments against properties within the assessment district for that fiscal year. SECTION 2. The proposed improvements are the continued maintenance and operation of the streets and sidewalks within the assessment district including the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities that are located in and along such streets and sidewalks. SECTION 3. The assessment district is designated as the “Hermosa Beach Landscaping and Street Lighting District 2019-2020.” The assessment district is comprised of all of the City of Hermosa Beach, as shown in the Engineer’s Report and on the “MAP OF LANDSCAPING AND STREET LIGHTING DISTRICT 2019-2020” on file in the Office of the City Clerk. SECTION 4. The assessments to be levied and collected against the assessable lots and parcels of land within the assessment district for fiscal year 2019-2020 are not proposed to increase from those levied and collected in fiscal year 2018-2019. SECTION 5. Reference is hereby made to the report prepared by the Acting Director of Public Works, entitled “Engineer’s Report, for Hermosa Beach Landscaping and Street Lighting District 2019-2020,” on file in the Office of the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the assessment district. SECTION 6. The improvements shall be provided pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq.) of the Street and Highways Code of the State of California, and in accordance with plans and specifications on file in the office of the City Clerk. - 2 - ATTACHMENT 2 SECTION 7. The assessment shall be levied and collected at the same time and in the same manner and with the same interest and penalties as gene ral taxes of the City, which are collected for the City by the Los Angeles County Tax Collector. SECTION 8. Public property owned by any public agency and in use in the performance of a public function, which is included within the boundaries of the assessment district shall be omitted and exempt from the assessment to be made to cover the costs and expenses of the improvements. SECTION 9. To expedite the making of the improvements, the City Council may transfer into the “Hermosa Beach Landscaping and Street Lighting District 2019-2020 Fund,” out of any money in the General Fund, any sums as it shall deem necessary, and the sums so transferred shall be deemed a loan to such fund and shall be repaid in accordance with the Landscaping and Lighting Act of 1972. SECTION 10. NOTICE IS HEREBY GIVEN that Tuesday, July 09, 2019, at the hour of 7:30 PM in Civic Center Council Chambers, 1315 Valley Drive, Hermosa Beach, California, is appointed as the date, time and place for hearing protests to the question of approving and confirming the levy of the proposed assessment. SECTION 11. The City Clerk is hereby authorized, designated and directed to give notice of the public hearing in the time, form and manner required by law. SECTION 12. The EASY READER, a weekly newspaper of general circulation circulated within the City, is hereby designated as the newspaper in which said notice shall be published. SECTION 13. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to be entered among the original resolutions of the City Council and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. - 3 - ATTACHMENT 2 PASSED, APPROVED and ADOPTED this 11th day of June, 2019. ____________________________________________________ MAYOR of the City of Hermosa Beach, California ATTEST: ____________________________________________________, CITY CLERK APPROVED AS TO FORM: ____________________________________________________, CITY ATTORNEY City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0389 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 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: Gandhi, Aanchal Date of Loss: April 19, 2019 Date Filed: May 2, 2019 Allegation: Property damage to claimant’s exterior wall, landscaping light fixtures, and landscaping caused by City staff. Attachments: Claim Report for Gandhi, Aanchal Respectfully Submitted: Vanessa Godinez, Human Resources Manager Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/6/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0358 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 SUBJECT: FINAL MAP NO. 74917 (C.U.P. CON NO. 17-3, PDP NO. 17-2) LOCATION: 1100 LOMA DRIVE APPLICANT/PROPERTY OWNER: WHITE SAND COASTAL DEVELOPMENT REQUEST: APPROVE FINAL PARCEL MAP 74917 FOR A THREE-UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Recommended Action: Staff recommends that the City Council: 1.Adopt the attached resolution approving Final Parcel Map No. 74917, which is consistent with the approved Vesting Tentative Parcel Map; and 2.Request the City Clerk to endorse the certificate for said map. Executive Summary: White Sand Coastal Development,applicant and property owner at 1100 Loma Drive,possesses a Conditional Use Permit,approved at the June 20,2017 Planning Commission meeting.The applicant applied for a final map approval, which staff recommends for Council consideration and adoption. Background: The Planning Commission approved a Conditional Use Permit for a three-unit residential condominium project and Vesting Tentative Parcel Map No.74917 at its June 20,2017 meeting.The project is currently under construction. Discussion: Once a map has been tentatively approved by the Planning Commission,copies of the tentatively approved map must be submitted to the Los Angeles County Engineer,who is contracted by the City, to review the map for its technical correctness pursuant to Section 66442(a)(4)of the State Subdivision Map Act. An applicant has two years from the date of tentative map approval to submit for final map approval. Typically,applicants do not submit for final map approval until the project is near completion and City of Hermosa Beach Printed on 6/6/2019Page 1 of 2 powered by Legistar™ Staff Report REPORT 19-0358 ready to be sold. Final maps must be submitted to the City Council and must be approved by the City Council,“...if it conforms to all the requirements of [Subdivision Map Act]and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder....” pursuant to Section 66458(a) of the State Subdivision Map Act. Analysis: Staff reviewed the Final Parcel Map and found it substantially consistent with the Vesting Tentative Parcel Map approved by the Planning Commission and in conformance with the State Subdivision Map Act. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Land Use Element:Goal 2.Neighborhoods provide for diverse needs of residents of all ages and abilities, and are organized to support healthy and active lifestyles. ·2.3 Balanced neighborhoods.Promote a diverse range of housing unit types and sizes,within the allowed densities. ·2.5 Neighborhood preservation.Preserve and enhance the quality of residential neighborhoods by avoiding or abating the intrusion of disruptive,nonconforming buildings and uses. ·2.6 Diversity of building types and styles.Encourage a diversity of building types and styles in areas designated for multi-family housing ranging from duplex/triplex/fourplex to courtyard housing to multi-family housing projects. Fiscal Impact: There are no financial implications to the City resulting from this action. Attachments: 1.Proposed Resolution 2.Final Map No. 74917 Respectfully Submitted by:Nicole Ellis, Associate Planner Concur:Ken Robertson, Community Development Director Noted for Fiscal Impact:Viki Copeland, Finance Director Approved:Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/6/2019Page 2 of 2 powered by Legistar™ Page 1 of 2 RESOLUTION NO. 19-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 74917, FOR THREE NEW ATTACHED CONDOMINIUM UNITS, LOCATED AT 1100 LOMA DRIVE IN THE CITY OF HERMOSA BEACH, CALIFORNIA WHEREAS, on June 20, 2017, the Planning Commission of the City of Hermosa Beach conducted a duly noticed public hearing to consider the application of White Sand Coastal Development (the “Applicant” hereinafter) for approval of Vesting Tentative Parcel Map No. 74917 and, upon conclusion of said public hearing on June 20, 2017, the Planning Commission adopted its Resolution No. 17-18 approving Vesting Tentative Parcel Map No. 74917. WHEREAS, on May 16, 2019, the Applicant filed an application for approval of Final Parcel Map No. 74917 (the “Application” hereinafter), as described in the title of this Resolution. WHEREAS, pursuant to Municipal Code Section 16.08.040, the City Engineer has reviewed Final Parcel Map No. 74917 and determined that the map is technically correct, conforms to the approved Vesting Tentative Parcel Map and is in compliance with applicable provisions of Title 16 of the Municipal Code and of the Subdivision Map Act. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct. SECTION 2. Pursuant to Section 16.08.040 of the Hermosa Beach Municipal Code, the City Council finds the Final Parcel Map to be in substantial conformance with the Vesting Tentative Parcel Map, with Title 7, Division 2, Chapter 3 of the California Government Code and with the applicable provisions of Title 16 of the Municipal Code. Based on the foregoing finding, the Council hereby approves Final Parcel Map No. 74917 as presented. SECTION 3. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution; shall cause the original of the same to be entered among the original resolutions of the City Council; shall make a minute of the Page 2 of 2 passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted; and shall transmit a copy of this Resolution to the Applicant. PASSED, APPROVED and ADOPTED this 11th day of June, 2019. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0347 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 SUBJECT: FINAL MAP NO. 77101 (C.U.P. CON NO. 18-1, PDP NO. 18-1) LOCATION: 913 5TH STREET APPLICANT(S): 913 5TH STREET, LLC., C/O DAN LEMIEUX REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A TWO-UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Recommended Action: Staff recommends that the City Council: 1.Approve Final Parcel Map No. 77101, which is consistent with the approved Vesting Tentative Parcel Map; and 2.Request the City Clerk to endorse the certificate for said map. Executive Summary: The applicant at 913 5th Street,possesses a Conditional Use Permit,approved at the February 20, 2018 Planning Commission meeting.The applicant applied for a final map approval,which staff recommends for Council consideration and adoption. Background: The Planning Commission approved a Conditional Use Permit for a two-unit residential condominium project and Vesting Tentative Parcel Map No.77101 at its February 20,2018 meeting.The project is currently under construction. Discussion: Once a map has been tentatively approved by the Planning Commission,copies of the tentatively approved map must be submitted to the Los Angeles County Engineer,who is contracted by the City, to review the map for its technical correctness,pursuant to Section 66442(a)(4)of the State Subdivision Map Act. An applicant has two years from the date of tentative map approval to submit for final map approval. Typically,applicants do not submit for final map approval until the project is near completion and City of Hermosa Beach Printed on 6/6/2019Page 1 of 2 powered by Legistar™ Staff Report REPORT 19-0347 ready to be sold. Final maps must be submitted to the City Council and must be approved by the City Council,“...if it conforms to all the requirements of [Subdivision Map Act]and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder....” pursuant to Section 66458(a) of the State Subdivision Map Act. Analysis: Staff reviewed the Final Parcel Map and found it substantially consistent with the Vesting Tentative Parcel Map approved by the Planning Commission and in conformance with the State Subdivision Map Act. General Plan Consistency: Approval of the final map is the final procedural step in the process to build and occupy this new development.It allows for the division of ownership of the units for this project that has already been evaluated for its consistency with PLAN Hermosa by the Planning Commission.Relevant Policies that continue to relate this project and its final ownership and occupancy are listed below: Land Use Element:Goal 2.Neighborhoods provide for diverse needs of residents of all ages and abilities, and are organized to support healthy and active lifestyles. ·2.3 Balanced neighborhoods.Promote a diverse range of housing unit types and sizes,within the allowed densities. ·2.5 Neighborhood preservation.Preserve and enhance the quality of residential neighborhoods by avoiding or abating the intrusion of disruptive,nonconforming buildings and uses. ·2.6 Diversity of building types and styles.Encourage a diversity of building types and styles in areas designated for multi-family housing ranging from duplex/triplex/fourplex to courtyard housing to multi-family housing projects. Fiscal Impact: There are no financial implications to the City resulting from this action. Attachments: 1.Proposed Resolution 2.Final Map No. 77101 Respectfully Submitted by:Kathy Khang, Assistant Planner Concur:Ken Robertson, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/6/2019Page 2 of 2 powered by Legistar™ Page 1 of 2 RESOLUTION NO. 19-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 77101, FOR TWO NEW DETACHED CONDOMINIUM UNITS, LOCATED AT 913 5TH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA WHEREAS, on February 20, 2018, the Planning Commission of the City of Hermosa Beach conducted a duly noticed public hearing to consider the application of 913 5th Street, LLC., C/O Dan Lemieux (the “Applicant” hereinafter) for approval of Vesting Tentative Parcel Map No. 77101 and, upon conclusion of said public hearing on February 20, 2018, the Planning Commission adopted its Resolution No. 18-8 approving Vesting Tentative Parcel Map No. 77101. WHEREAS, on May 9, 2019, the Applicant filed an application for approval of Final Parcel Map No. 77101 (the “Application” hereinafter), as described in the title of this Resolution. WHEREAS, pursuant to Municipal Code Section 16.08.040, the City Engineer has reviewed Final Parcel Map No. 77101 and determined that the map is technically correct, conforms to the approved Vesting Tentative Parcel Map and is in compliance with applicable provisions of Title 16 of the Municipal Code and of the Subdivision Map Act. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct. SECTION 2. Pursuant to Section 16.08.040 of the Hermosa Beach Municipal Code, the City Council finds the Final Parcel Map to be in substantial conformance with the Vesting Tentative Parcel Map, with Title 7, Division 2, Chapter 3 of the California Government Code and with the applicable provisions of Title 16 of the Municipal Code. Based on the foregoing finding, the Council hereby approves Final Parcel Map No. 77101 as presented. SECTION 3. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution; shall cause the original of the same to be entered among the original resolutions of the City Council; shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and Page 2 of 2 adopted; and shall transmit a copy of this Resolution to the Applicant. PASSED, APPROVED and ADOPTED this 11th day of June, 2019. ____________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ___________________________________ _____________________________ City Clerk City Attorney City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0367 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019 (City Clerk Elaine Doerfling) Recommended Action: The City Clerk recommends that the City Council adopt the attached resolution,which,consistent with past policy,establishes a 200-word limit and requires candidates to pay all associated costs with regard to candidate statements for the November 5, 2019 General Municipal Election. Background: California Elections Code Section 13307 allows each candidate for a nonpartisan city elective office to prepare a statement to be included with the voter information guide and mailed to each registered voter.No later than seven days before the opening of the nomination period,State law requires the City Council to adopt a policy regarding the candidates’obligation for payment for candidate statements and other related matters.The filing period for nomination papers is July 15 through August 9,unless extended,for the upcoming November election.Attached is a draft resolution outlining the candidate statement regulations. Traditionally,it has been Council policy to require the candidates to cover all costs associated with their statements,and the attached resolution has been prepared assuming that policy would remain unchanged.The City Clerk is required to set the estimated cost of candidate statements prior to the nomination-filing period.The County has indicated it will provide the City Clerk with a cost estimate by the first week in July. State law permits the Council to authorize an increase of the word limitation for the statement from 200 to 400 words.Past policy has restricted the statements to 200 words,and the attached resolution has been prepared assuming that policy would remain unchanged.The 200-word limit has seemed adequate in the past. Increasing the word limit would increase the cost. The resolution also accommodates any required translation of statements into one or more foreign City of Hermosa Beach Printed on 6/7/2019Page 1 of 2 powered by Legistar™ Staff Report REPORT 19-0367 The resolution also accommodates any required translation of statements into one or more foreign languages,pursuant to the federal Voting Rights Act.Hermosa Beach has not been required to do any translations into foreign languages in past elections and it appears the same would hold true for this election.However,since the County has not provided its written confirmation yet,the Clerk has included a provision in the resolution stating that translation and printing “may be required.” Fiscal Impact: There is no fiscal impact to the City as candidates pay for their statements. Attachments: Resolution Submitted by: Elaine Doerfling, City Clerk Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 2 of 2 powered by Legistar™ Page 1 of 4 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 19-xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS TO BE SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Hermosa Beach on Tuesday, November 5, 2019, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Los Angeles. The County may be required to translate Hermosa Beach candidates’ statements into one or more of the following languages: Spanish, Chinese, Japanese, Korean, Tagalog, Vietnamese and/or others. Page 2 of 4 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The County will print and mail voter information guides and candidate statements to all voters in English, and will mail separate voter information guides and candidate statements in other qualified languages to only those voters who are on the County voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidate statements in the required languages available at all of the City’s polling places, on the County’s website, and in the City Clerk’s office. SECTION 3. PAYMENT. A. Translations. 1. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign languages as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State law. 2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in (A) and (B) of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate. B. Printing. 1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required in (A) of Section 2 above in the main voter pamphlet. 3. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet. 4. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required by (A) of Section 2 above in the facsimile voter pamphlet. // Page 3 of 4 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and shall require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and shall, on a pro rata basis, bill the candidates for additional actual expense or refund any excess paid, depending on the final actual cost. In the event of underpayment, the City Clerk shall require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 4. MISCELLANEOUS. A. All translations shall be provided by professionally-certified translators. B. The City Clerk shall allow bold type, underlining, capitalization, indentations, bullets, and leading hyphens in the statement, to the same extent and manner as allowed in previous consolidated City elections. Words/acronyms to be printed in boldface type, underscored and/or CAPITALIZED must be clearly indicated and shall not exceed 25 words. C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide. SECTION 6. The City Clerk shall provide to each candidate or the candidate’s representative a copy of this Resolution at the time the nominating petitions are issued. Page 4 of 4 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7. All previous Resolutions establishing Council policy on payment for candidates' statements are repealed. SECTION 8. This Resolution shall apply only to the election to be held on Tuesday, November 5, 2019, and shall then be repealed. SECTION 9. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter it into the book of original Resolutions of said City, and shall make a minute of passage and adoption thereof in the minutes of the meeting at which the Resolution is adopted. PASSED, APPROVED and ADOPTED on this 11th day of June, 2019. _________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach ATTEST:APPROVED AS TO FORM: _______________________________________________________________ City Clerk City Attorney City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0360 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 ORDINANCE NO. 19-1393 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 2.38 OF TITLE 2 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING THE EMERGENGY PREPAREDNESS ADVISORY COMMISSION (City Clerk Elaine Doerfling) Recommended Action: The City Clerk recommends that the City Council adopt by title only,Ordinance No.19-1393, Repealing Chapter 2.38 of Title 2 of the Hermosa Beach Municipal Code regarding the Emergency Preparedness Advisory Commission. Attachments: Ordinance No. 19-1393 Submitted by: Elaine Doerfling, City Clerk Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 1 of 1 powered by Legistar™ Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 19-1393 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 2.38 OF TITLE 2 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.38 (Emergency Preparedness Advisory Commission) of Title 2 (Administration and Personnel) of the Hermosa Beach Municipal Code is hereby repealed in its entirety. SECTION 2. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED this 11th day of June, 2019 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:APPROVED AS TO FORM: ________________________________________________________________________City Clerk City Attorney City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0357 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 ADOPTION OF FISCAL YEAR 2019-20 BUDGET, INCLUDING THE AWARD OF CONTRACT FOR ONGOING TECHNOLOGY SUPPORT TO PROSUM, INC. AND CONSIDERATION OF AN INCREASE TO THE TRANSIENT OCCUPANCY TAX RATE (Finance Director Viki Copeland) Recommended Action: Staff recommends that the City Council: 1.Hear public testimony regarding the 2019-20 Budget; 2.Review the answers to Questions and Requests from the May 22, 2019 Budget Workshop (Attachments 1 through 3); 3.Approve the revisions to the Preliminary Budget as shown on page 3; 4.Approve contracts for services contained in the table herein; 5.Approve a contract with the firm of Prosum, Inc. for the ongoing technology support of the City’s computer and networking technology systems for a one-year term commencing July 1, 2019 through June 30, 2020 and continuing on a month to month basis unless another agreement is put in place; 6.Consider directing staff to return with the documents necessary to place a measure on the ballot for the November 2019 election to ask voters if the Transient Occupancy Tax rate shall be increased from 12% to 14%; and 7.Adopt Resolution 19-xxxx, approving the 2019-20 Budget as presented in Exhibit A (attached to the resolution). Executive Summary: The 2019-20 Budget presents a balanced budget that includes a Contingency (Rainy Day Fund)of $6,271,557,some added personnel,additional vehicles and capital projects that would move the City forward towards its goals.Two study sessions were held on April 30,2019 and May 22,2019 to present the Capital Improvement Program and 2019-20 Preliminary Budget,respectively.Changes requested by Council to the Capital Improvement Program at the Capital Improvement Program Study Session were incorporated into the Preliminary Budget. City of Hermosa Beach Printed on 6/7/2019Page 1 of 8 powered by Legistar™ Staff Report REPORT 19-0357 Staff recommends two changes to the personnel requests originally presented in the Preliminary Budget:changing the request to add an Assistant City Manager to a Deputy City Manager and adding a request to change the remaining Environmental Analyst to a Senior Management Analyst. The change to Deputy City Manager would reduce the total cost of the position request by $26,418 and the change to Senior Management Analyst is cost neutral. The 2019-20 Budget contains contracts for ongoing services,including ongoing IT support.A table of recommended contracts is shown below.In addition,in April 2019,the City requested proposals from a list of 17 qualified firms providing technology support in the South Bay area and received six proposals.After reviewing all submitted proposals,it was determined that Prosum,Inc.is still the best value for the City and it is recommended that the contract with Prosum,Inc.should be approved for a one-year term commencing July 1,2019 and continuing on a month-to-month basis unless another agreement is put in place. Prosum, Inc. submitted the lowest cost proposal of all firms. Background: The Capital Improvement Program Study Session was held on April 30,2019 and the 2019-20 Budget Study Session was held on May 22,2019.Slide shows overviewing the Capital Improvement Plan,operating budget,and Five Year Forecast were presented.Councilmembers reviewed the budget,commented and asked questions of the City Manager,Finance Director and department heads. (Link to City Budget Page:<http://www.hermosabch.org/index.aspx?page=211>) The slides from the Budget Workshop Presentation may also be viewed on the City Budget Page at the link above. Discussion: Answers to Questions and Requests from the May 22, 2019 Budget Workshop The following items are provided as follow-up to questions or requests at the Budget Workshop on May 22, 2019: ·Cost of new positions recommended in the budget o A spreadsheet entitled “Salary Ranges and Total Cost of Position Requests”is attached as Attachment 1,that shows the cost of the new positions to the General Fund and the net cost of the other recommended changes,which is the number mentioned at the workshop.The salary range information was added to this spreadsheet since the workshop. City of Hermosa Beach Printed on 6/7/2019Page 2 of 8 powered by Legistar™ Staff Report REPORT 19-0357 ·More information on the requested new positions and other changes o A document entitled “Organizational Improvements -Summary”is attached as Attachment 2,which has an introduction from the City Manager and a listing of each position with more detailed information from the department requesting the new or changed position. ·A draft list of the items to be included at the Revenue Study Session is attached as Attachment 3. Staff is in the process of determining a date for this study session. ·Transient Occupancy Tax (TOT)-additional information below under TOT heading about considering an increase to the TOT at the upcoming November 2019 election. Revisions to Preliminary Budget The following revisions to the Preliminary Budget are recommended and reflected in the budget summary included with the budget resolution attachment.Other formatting and grammatical corrections will be made in the Adopted Budget that do not affect the amounts in the budget summary. General Fund ·Change the recommended Assistant City Manager position to a Deputy City Manager position. The new salary range is $123,312 to $142,764.This would reduce the total cost of the position request by $26,418.The difference would be placed in Prospective Expenditures,increasing the balance to $94,971. ·Reclassify the one remaining Environmental Analyst position to a newly recommended Senior Management Analyst position.The salary range would be the same as the Environmental Analyst position. Contracts for Services The following contracts,budgeted in various departments,are for outsourced services or services where particular expertise is required.Rather than submitting them individually on future agendas, they are included here en masse.Comments regarding staff’s satisfaction with the current providers are included. The contracts are on file for review in the Finance Department. City of Hermosa Beach Printed on 6/7/2019Page 3 of 8 powered by Legistar™ Staff Report REPORT 19-0357 DEPARTMENT/CONTRACTOR SERVICE PROVIDED TERM/AMOUNT Community Development Accela, Inc. Accela, Inc. provides the permit software annual subscription for Community Development. Thi s contract is for a term of five years (6/30/19 to 6/29/2024) with a 3% increase each year of the contact for a total of $165,646 . 6/30/19-6/29/2024 - $31,200 for year 1. Police Department Absolute International Security Security Guard Services – Absolute International Security provides trained personnel to perform security guard services for weekends and special events on Pier Plaza throughout the year. Contractor is responsible for providing personnel with training, equipment, and adequate supervision for successful performance of their security guard duties. The City entered into a one -year agreement with American Guard Services during the 18 -19 fiscal year. An extension for the 19 -20 fiscal year is a result of satisfactory performance by the contractor . 7/1/19-6/30/20 - $109,252 American Guard Services, Inc. Crossing Guard Services – American Guard provides trained personnel to perform crossing guard duties throughout the City at designated hours and locations during the academic school year. Contractor is responsible for providing personnel with training, equipment, and adequate supervision for successful performance of their crossing guard duties. The City entered into a one -year agreement with American Guard Services during the 17 -18 fiscal year and a one year extension for the 18 -19 fiscal year. An extension for the 19-20 fiscal year is a result of satisfactory performance by the contractor. 7/1/2019-6/30/20 - $130,248 City of Hermosa Beach Printed on 6/7/2019Page 4 of 8 powered by Legistar™ Staff Report REPORT 19-0357 Contract for Ongoing Technology Support The City hired Dennis Vlasich of Sirius Technology Strategies to assist with the development, release,and evaluation of an RFP to determine if the City is getting the best value for its technology support,currently under contract with Prosum,Inc.who has been the City’s provider for over 10 years.Mr.Vlasich interviewed all the department heads prior to issuance of the RFP to hear about priorities,concerns and feedback regarding Prosum,Inc.’s current service.The consensus was that the incumbent vendor,Prosum,Inc.was providing good service and support.The only comment was that some felt that one more additional day onsite would assist with staying on top of projects and would help the departments be more productive. An RFP was developed using the existing contract deliverables in the current Prosum,Inc. agreement and consolidating the added security and network monitoring services that were added this year to the original agreement.Backup services were also combined into the contract.The deliverables were expanded somewhat to include changes in the technology industry,particularly the support of cloud services,which are becoming more prevalent for municipal software services.The RFP was released on April 16, 2019 and responses were received on May 9, 2019 Six proposals were received on May 9,2019 with annual costs ranging in price from $199,063 to $242,760. Proposals submitted: Vendor Proposed Pricing Status Notes Prosum , Inc . $199,063 Qualified respondent Incumbent vendor Interwest $200,820 Qualified respondent CBE $215,136 Non -responsive Incomplete response Saalex $227,451 Unqualified (not responsible) respondent No local references, staff or facilities DivergeIT $242,760 Non -responsive Incomplete response Amicus Unavailable Non -responsive Did not send response forms in proper format City of Hermosa Beach Printed on 6/7/2019Page 5 of 8 powered by Legistar™ Staff Report REPORT 19-0357 As shown above,CBE and DivergeIT were determined to be non-responsive since their responses were incomplete.Saalex was determined to be unqualified since they had no local references,staff or facilities.Amicus was determined to be non-responsive since the response forms were not sent in the proper format. References were contacted for the only other fully qualified firm,Interwest.References came back positive and the company represents a viable option for the City,however,since the price was slightly higher,staff concludes that the disruption,cost and risk of changing vendors at this point is not warranted.City staff is satisfied with the service from Prosum,Inc.and they are still the best value for the services provided. They submitted the lowest proposal among all vendors. The annual cost of the new contract for technology support including network monitoring,security, remote support and backup services is $199,063.The budget amount for 2019-20 is $202,653, therefore no additional appropriation is necessary. Consideration of Adding an Increase to the TOT Rate to the November 2019 Ballot At the budget workshop,it was mentioned that the idea of increasing the TOT would be discussed at the Revenue Study Session with the understanding that it could be placed on the November 2020 election.The City Attorney has advised,however,that a general tax measure must go on a general municipal ballot.This would mean that the next time that the tax could be increased would be either November 2019 or 2022. Given this information,it is recommended that the City Council consider directing staff to return with the documents necessary to place a measure on the ballot for November 2019 to ask voters if the TOT tax rate shall increase from 12%to 14%.The Council would not be taking an action to increase the tax with this recommendation;just deciding whether to place this measure on the ballot in order to let the voters decide. Under Proposition 218, a tax may be increased only by voter action. A 2/3 vote of the City Council (4 Councilmembers)is required to place a general tax increase on the ballot. A majority vote of the electorate is required for the measure to pass. The TOT or "hotel tax"is the tax imposed on persons staying in hotels in the City,for periods of 30 days or less.The transient occupancy tax rate of 10%had been in effect since 1990,until it was changed by voter initiative to 12%in November 2015.This ballot measure had a passage rate of 84.93%.As reported in the 2019-20 Preliminary Budget,TOT receipts are at the highest level at approximately $3.3 million from the existing eight (8)hotels,including the youth hostel.Occupancy is 80%for the first seven months compared to 80.4%for the same period last year.Los Angeles County hotel occupancy is 81.8%and South Bay is 82.2%for the same period.The TOT is an increasingly important source of revenue for the City,generating almost 8%of General FundCity of Hermosa Beach Printed on 6/7/2019Page 6 of 8 powered by Legistar™ Staff Report REPORT 19-0357 increasingly important source of revenue for the City,generating almost 8%of General Fund revenue. Attached is a 2019 TOT Rate Survey (Attachment 7)of rates charged in nearby Southern California cities which shows that the average TOT is 12.2 or 12% in round numbers. If the measure is approved,the 2%increase would generate an estimated additional $550,000 in revenue from existing hotel rooms.For the hotel occupant with a room rate of $100,an additional tax of 2% would be $2; with a room rate of $250, the additional tax would be $5. In order to continue providing the level and quality of services that residents and businesses have come to expect,staff recommends looking at revenue enhancements to provide the funding necessary for City operations.Increasing the TOT tax rate for visitors to the City assists with continuing to offer a high level of services for residents. Should the City Council approve this item,staff would return with a resolution placing the proposal on the ballot for November 2019. General Plan Consistency: PLAN Hermosa,the City’s long-range planning document,was adopted by the City Council in August 2017,and envisions a future where “Hermosa Beach is the small town others aspire to be;a place where our beach culture,strong sense of community,and commitment to sustainability intersect.” One of the guiding principles to achieve the vision is to make decisions and take actions that help contribute to the City’s economic and fiscal stability. Other relevant General Plan policies are listed below: Governance ·1.2 Strategic planning.Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs. ·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. Parks and Open Space ·1.1 Facility upgrades. Improve and update park and open space facilities on a regular basis. ·2.6 Investment and maintenance.Prioritize the investment and maintenance of existing facilities prior to development and expansion of new facilities. City of Hermosa Beach Printed on 6/7/2019Page 7 of 8 powered by Legistar™ Staff Report REPORT 19-0357 Infrastructure ·1.2 Priority investments.Use City Council established priorities and the Capital Improvement Program (CIP) to identify and allocate funding for projects identified in the infrastructure plan. Public Safety ·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. Fiscal Impact: The 2019-20 Budget,including all funds,estimates revenue of $56,286,712 and appropriations of $66,765,030,of which $12,653,963 is carryforward from prior year Capital Improvement Projects. These amounts incorporate all City Council directed changes identified through the Capital Improvement Program study session and the revisions to the position requests noted on page 2 of the staff report. The General Fund is balanced with revenues and transfers in of $42,490,723;appropriations and transfers out of $41,688,055;and changes to fund balance of $802,668.The General Fund includes a Contingency (Rainy Day Fund)of $6,271,557,which is equal to 16%of the General Fund’s operating budget. Attachments: 1. Salary Ranges and Total Cost of Position Requests 2. Organizational Improvements - Summary 3. Revenue Study Session Draft List of Items 4. Salary Survey with Averages 5. Resolution 19-xxxx 2019-20 Budget Adoption, with Exhibit A- Budget Summary 6. On-Going Technology Support Professional Services Agreement with Proposal 7. 2019 TOT Rate Survey Respectfully Submitted by: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 8 of 8 powered by Legistar™ Department New Positions- Full-Time Permanent Step 1 Step 5 Total Salary and Benefits City Manager Assistant City Manager $157,872 $182,760 $219,846 * City Manager Deputy City Manager $123,312 $142,764 $193,428 * Police Police Service Officer $55,104 $67,032 $82,833 Public Works Engineer- Prop A Funds $73,992 $89,928 $120,806 Public Works Engineer- CIP Funds $73,992 $89,928 $120,806 Total Cost of New Positions $517,873 Non-General Fund Funding Sources Public Works Sale of Prop A Funds- Engineer -$120,806 Public Works Sewer/CIP Funds- Engineer -$120,806 -$241,612 New Positions Funded by General Fund $276,261 New Positions- Part Time Temporary Public Works Public Works Intern, 20hrs/week $12/hr $12/hr $12,661 Reclassifications City Manager Environmental Analyst to Environmental Programs Manager $106,140 $129,014 $6,158 City Manager Environmental Analyst to Senior Management Analyst $81,624 $99,228 $0 * Community Resources Recreation Coordinator to Senior Recreation Supervisor $69,708 $84,720 $21,598 Community Resources Youth Coordinator to Recreation Coordinator $58,524 $71,136 $8,073 Community Resources Office Assistant to Recreation Coordinator $58,524 $71,136 $8,073 Public Works Management Analyst to Administrative Assistant $63,828 $77,616 -$11,804 Public Works Maintenance I to Maintenance II $49,020 $59,592 $3,697 Public Works Maintenance I to Maintenance II $49,020 $59,592 $3,697 Public Works Office Assistant to Senior Office Assistant $48,420 $58,776 $2,901 $42,393 Other Changes City Clerk Appointed City Clerk- 6 months $91,344 $111,036 $72,563 City Clerk Remove Elected City Clerk after Nov Elections $38,808 $38,808 -$41,070 Human Resources Remove Secretary $53,964 $65,616 -$91,042 -$59,549 Net Cost of Additions/Reclassifications/Other Changes $271,766 Continuing Part-Time Temporary Positions City Manager Environmental Services Intern, 20hrs/week $12/hr $12/hr $12,661 Finance Cashier Account Clerk, 30hrs/week $23.56/hr $28.65/hr $49,069 Finance Cashier Hearing Officer $25.16/hr $35/hr $1,838 Finance Administration Senior Account Clerk, 20hrs/week $25.95/hr $31.54/hr $29,257 Public Works Public Works Intern, 20hrs/week $12/hr $12/hr $12,661 Police Reserve Police Officer $28.08/hr $29.48/hr $14,814 Police Seasonal Community Service Officers July-September $23.56/hr $28.65/hr $18,644 Police Seasonal Community Service Officers March-June $23.56/hr $28.65/hr $18,644 Community Development Office Assistant, 20hrs/week $21.16/hr $25.70/hr $25,839 Total Continuing Part-time Positions $183,427 * Changes to the positions originally recommended in the 2019-20 Preliminary Budget. Salary Ranges and Total Cost of Position Requests 2019-20 Budget Salary Range Organizational Improvements – Summary Fiscal Year 2019-20 marks a year of transition as we strive to responsibly and creatively improve the level of service that the City provides our community. While the economy may ebb and flow, demands for many of our services have continued to grow. Over the past several years, in response to our community’s needs, the City has added positions ranging from Emergency Management Coordinator and Management Analyst, to Community Services Officers and Public Works Inspector. Growing demands have come to require a fresh look at the way in which we have customarily provided services to our residents. This has resulted in a need for reflection as a local government, and a review of the organization to determine more efficient and effective methods of service delivery. Toward this end, in this Preliminary Budget, we are recommending additional staff resources in the areas of city administration, public works and public safety, to reflect Council’s goals and help address growing federal, state and regional demands placed on local governments. Additionally, there are other recommended changes and modifications to personnel within the City through reclassifications of personnel to new positions. And in November of this year, voters will consider a local ballot measure seeking to bring professional support to the role of City Clerk by making this an appointed position with accountability to the City Council and City Manager’s Department. These organizational changes are critical as we seek to evolve as a professional organization while providing outstanding services sustainably into the future. These changes are further summarized in the Budget Overview and the Personnel Allocation Summary. Assistant City Manager In order to continue providing services that residents have grown to expect of their City government, there is a need to expand the capacity and oversight of operations at the City Manager's Department-level. Establishing the Assistant City Manager classification would provide critical support to the City in reaching its ambitious goals toward its strategic vision, while improving the function of management services by allowing the City Manager to focus on bigger picture initiatives, partnerships and capacity building. The Assistant City Manager will report to the City Manager and will provide support on a broad range of activities including: •Providing oversight of assigned personnel and operations; •Evaluating and advising the City Manager on various administrative and operational activities and future needs of the City; and •Implementing and monitoring success of strategic initiatives. This position will handle many of the operational and day-to-day issues, while the City Manager will carry the duties of a Chief Executive Officer, providing key strategic planning, leadership, and direction. The ACM will provide direct supervision over major Attachment 2 1 intradepartmental efforts, lead citywide programs and projects that have City Council and community visibility, and will act as the City Manager in the City Manager's absence. Police Service Officer This position would provide administrative support in the property management, crime analysis and criminal intelligence, court processing, and planning functions of the property/evidence unit. A 2013 ICMA assessment of PD property/evidence operations and subsequent report supports this request. Since 2013, there has also been a significant increase in the amount of discovery and Public Records Requests at the Department. Research associated with this work, crime scene evidence collection, and compliance measures associated with items previously listed will be key duties of this position. Assistant Engineers (2) Demands on the Public Works Department have increased due to the City’s various capital improvement projects, resident requests, private development, and increased demands for supervision and coordination with external agencies and utility companies. With new policies and permitting procedures, there is also a growing need to improve and update the City’s systems and protocols. (1) Assistant Engineer to be funded by the sale of Proposition A Funds (1) Assistant Engineer to be funded with Sewer Funds and Non-General Fund CIP accounts. Public Works Intern (Part-time Temp) Additional Public Works intern to perform admin duties as assigned @ 20hr/week, including counter, permitting and customer service. Environmental Programs Manager This position will replace one of our existing Environmental Analyst positions. Over the years, the scope of reach and level of expertise demanded of this position has grown. The Environmental Programs Manager classification more closely resembles similar roles in other cities, and is appropriate for the increasing level of complexity across the City’s various Environmental projects and initiatives. The position would continue the City Council’s goals and vision of providing leadership to Environmental Sustainability and ensuring a more livable, sustainable beach city. Sample duties: • Manage specific Capital Improvement Projects to ensure consistency w/ the City’s Environmental/Sustainability goals; • Negotiate and administer contracts with public and private entities; • Grant procurement and administration; and • Serve as liaison to external agencies. 2 Senior Recreation Coordinator This position will reclassify the current Recreation Coordinator who has been performing various duties of the Senior Recreation Coordinator position since December 16, 2015. The current staff member has been receiving a 10% premium for performing these duties. When the premium expired in the fall of 2016, the former City Manager Tom Bakaly, approved the renewal and advised staff to request a reclassification of the position with the 2017-18 budget since there is a necessity to continue fulfilling these responsibilities. This request has not been approved each year since; therefore, we return at this budget cycle with the duplicate request. Recreation Coordinator (2) The first request would reclassify the current Youth Program Coordinator to Recreation Coordinator. The Youth Programs Coordinator job description is too narrowly focused and does not offer the flexibility that would benefit the Department. Reclassifying the position greatly increases the flexibility of assigning job responsibilities to this position, which will allow for effective distribution of the Department’s workload. The second request would reclassify the current Office Assistant to Recreation Coordinator as the current staff person has increasingly taken on additional responsibilities to accommodate the growing workload of the Department as well as the trickle-down effects of the reclassification of various positions as a result of eliminated positions. This position, as currently defined in its job description, is no longer essential in the Department as it was previously and reclassifying it as a Recreation Coordinator would allow the Department to be more strategic and effective while still maintaining the responsibilities of this position. Public Works Admin Assistant (Reclassification from Management Analyst) The recent vacancy in the Management Analyst classification in the Public Works department has provided an opportunity to assess current and future needs of the department. Upon further review of the current duties of this position and evolving department needs, the City Manager has requested to revert this position to its previous classification. The Administrative Assistant position will provide staff assistance of a generalized nature, in addition to a focus in areas of specialty such as budget preparation, grants management, and public services. This position will perform general research and data compilation, permit processing, report preparation, and will provide counter assistance and general professional administrative support as assigned. These duties are in line with the Administrative Assistant classification and are performed by staff in this position across City departments. Having a qualified Administrative Assistant on staff would help relieve the Director and his/her small team of engineers from personally performing some of these important tasks, therefore allowing for greater efficiencies within the department. Maintenance II (2) Promotional opportunity for City Yard staff for two Maintenance II positions from Maintenance I. The Department currently has four staff in the Maintenance I position. 3 Public Works has previously been budgeted for the Maintenance II positions but the positions were replaced with Maintenance I positions after one crewmember retired. The second position was filled after a Maintenance II crewmember was promoted to Crew Supervisor. Several Maintenance I crewmembers have skill levels that far exceed the Maintenance I criteria. In the past, these position would be filled internally through a performance test and oral interview board comprised of neighboring city supervisors. There has been very little turn over in the operations division of the Department and these promotional opportunities are valued incentive for our entry-level maintenance personnel. Both positions are in the Building Maintenance Division. Senior Office Assistant (Public Works Yard) Reclassify current Office Assistant position at the City Yard due to increased duties and responsibilities. The current Office Assistant is an invaluable asset to the Department. She works with current yard staff, training them in the use of office equipment and software, prepares purchase orders including placing orders once the purchase order has been approved. She works with residents and business owners to resolve complaints and problems, prepares payroll for the City Yard staff, and assists the Superintendent with letters and time sensitive emails. The current staff member also maintains the filing system as well as performing other duties that are crucial to the daily operation and workload of the Department. The current Office Assistant position will be vacated after the new position is filled. Appointed City Clerk Executive Salary and Benefits beginning 1/1/20 (to be budgeted regardless of ballot measure outcome). Due to the evolving nature of federal, State and local requirements and increasing complexities within the field of city clerkship, the vast majority of cities have transitioned from an elected clerk to an appointed professional serving as their city clerk. Establishing an appointed professional position would ensure critical accountability and help facilitate more straightforward and effective management. At its regular meeting of January 22, 2019, City Council further directed staff to prepare a 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 position. This budget request positions the City to recruit and hire a professional City Clerk in accordance with State law upon expiration of the current elected City Clerk’s term (budgeted regardless of ballot measure outcome). Removal of Elected City Clerk after November Elections The Elected City Clerk position is on the November 2019 General Election to convert the position to an Appointed City Clerk position to better meet the evolving federal, State, and local requirements and increasing complexities within the field of city 4 clerkship. If approved by voters, the Elected City Clerk will complete her term and the Appointed City Clerk will begin in January 2020. Removal of Secretary from General Appropriations Division As part of the budget process, the City Manager’s Office evaluated current staffing needs of the front office, including areas of opportunity for ensuring efficiency and effectiveness across our small team. With emerging technologies (website, phone systems, etc.) and the improved efficiencies and reorganization at the Department levels, the Secretary role has been relied on less and less. Unfortunately, in light of the decreased demand for secretarial services, the City can no longer justify a full-time secretarial staff person. Current duties associated with this position will be distributed to existing positions within Human Resources and the City Manager’s Office. 5 REVENUE STUDY SESSION TAXES Sales Tax Increase. Sales tax consultant, HdL, will be at the meeting for educational purposes about a “district” tax as the local tax is called. UUT erosion. Avenu (formerly Muniservices) will be at the meeting to discuss UUT erosion, tax of internet, etc. Result of TOT audits, online companies Increase TOT Business License PARKING Parking Meter Rates Demand Based Pricing Zeroing of Meters, Sensor Technology Mobile App mentioned at budget workshop Parking Permit Rates, Residential and Lots Parking Citations, Council direction to review all ENCROACHMENTS Restaurant encroachments increases POTENTIAL NEW FEES OR REVENUE GENERATORS Underutilized sites Land Rover Storage Property Property Next to Fort Lots of Fun REVIEW OF CURRENT GREEN FEES AND SCHEDULE ENHANCEMENT OF CURRENT REVENUE Citations for Dog Waste Review of fines other than parking Issue citations for flashing red lights on the Strand Holiday parking – amount of foregone revenue Lighting Landscaping Fund Deficit Attachment 3 1 $210,000 2018-19, $87,000 2017-18, $178,000 2016-17 Storm Water Fee ITEMS TO COME BACK TO COUNCIL SEPARATELY Short Term Vacation Rentals, Commercials Electric Vehicle Charging Fee Tax on plastics Special Event Fees and Fee Waivers, currently being reviewed by Community Resources Special Events Committee Facility Rental Fees Film Permit Review, Council subcommittee appointed to make recommendations Appeal fee (to applicant) for City Council’s consideration of a Parks and Rec. Commission Decision Recreational Equipment on the Beach Application Fee 2 2019 Population Deputy City Manager Assistant City Manager Assistant to the City Manager Agoura Hills 20,330 Min 10,770.00$ 13,450.00$ 7,813.00$ Max 13,122.00$ 16,387.00$ 9,519.00$ Calabasas 23,058 Min n/a n/a n/a Max El Segundo 16,654 Min 10,641.00$ 13,519.00$ n/a Max 13,187.00$ 16,200.00$ Gardena 58,829 Min n/a n/a 9,549.00$ Max 12,186.00$ Hawthorne 84,293 Min n/a n/a 5,239.00$ Max 7,759.00$ La Canada Flintridge 20,246 Min n/a n/a n/a Max La Verne 31,063 Min n/a 11,087.00$ 8,669.00$ Max 13,477.00$ 10,573.00$ Laguna Beach 22,723 Min n/a 11,492.00$ 9,861.00$ Max 17,638.00$ 15,134.00$ Lawndale 32,769 Min n/a n/a 8,987.00$ Max 10,924.00$ Lomita 220,256 Min n/a 13,543.00$ n/a Max Manhattan Beach 35,135 Min n/a 14,388.00$ n/a Max 18,639.00$ Palos Verdes Estates 13,438 Min n/a n/a 7,562.00$ Max 9,695.00$ Rancho Palos Verdes 41,643 Min 9,417.00$ n/a 7,765.00$ Max 15,999.00$ 10,083.00$ Redondo Beach 66,748 Min n/a 12,176.00$ 6,907.00$ Max 17,018.00$ 8,925.00$ Santa Fe Springs 16,223 Min n/a 11,840.00$ n/a Max 14,667.00$ Seal Beach 24,168 Min n/a 13,810.00$ n/a Max 16,786.00$ South Pasadena 25,619 Min n/a 9,335.00$ 7,654.00$ Max 12,510.00$ 10,258.00$ Torrance 145,438 Min n/a 20,074.00$ n/a Max Hermosa Beach 19,506 Min n/a n/a 9,038.00$ Max 10,486.00$ Deputy City Manager Assistant City Manager Assistant to the City Manager Average Monthly Salary Min 10,276.00$ 13,155.82$ 8,094.91$ Average Monthly Salary Max 14,102.67$ 16,085.36$ 10,303.08$ Average Annual Salary Min 123,312.00$ 157,869.82$ 97,138.91$ Average Annual Salary Max 169,232.00$ 193,024.36$ 123,636.91$ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 19-xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ADOPTING THE BUDGET FOR THE FISCAL YEAR 2019-2020 WHEREAS, a budget for the fiscal year 2019-20 has been prepared by the City Manager, and; WHEREAS, said budget incorporates expenditures for operating purposes, capital outlay and capital improvement projects, and; WHEREAS, said final budget will include the appropriations limit and total annual appropriations subject to limitation as required by Section 37200 of the Government Code, and; WHEREAS, the City Council has examined said budget and, after due deliberation and consideration, has made such amendments to the budget as it deems advisable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby approve and adopt the revised budget for the 2019-20 Fiscal Year as presented in the documents entitled “City of Hermosa Beach Budget Summary 2019-20”, and attached as “Exhibit A.” SECTION 2. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 11th day of June 2019. ________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ________________________________ _______________________________ City Clerk City Attorney Attachment 6 Major Fund LIGHTING GENERAL LANDSCAPING STATE GAS FUND FUND TAX FUND 001 105 115 ESTIMATED REVENUE Taxes $29,954,027 $457,800 $0 Licenses/Permits $1,215,677 $0 $0 Fines/Forfeitures $2,135,049 $0 $0 Use of Money/Property $1,129,368 $476 $6,091 Intergovernmental/State $147,641 $0 $856,067 Intergovernmental/County $0 $0 $0 Intergovernmental/Federal $0 $0 $0 Current Service Charges $7,381,847 $0 $0 Other Revenue $124,192 $0 $0 TOTAL ESTIMATED REVENUE $42,087,801 $458,276 $862,158 INTERFUND TRANSFERS IN $402,922 $175,932 $0 ESTIMATED FUNDS AVAILABLE $42,490,723 $634,208 $862,158 FUND BALANCE 7/1/19 $8,537,773 $83,319 $421,465 CIP Carry Forward $398,559 TOTAL FUNDS AVAILABLE $51,427,055 $717,527 $1,283,623 APPROPRIATIONS Operating Budget $39,197,229 $706,403 $13,893 Capital Outlay $426,472 $0 $0 Capital Improvements- Prior Year $398,559 $0 $418,250 Capital Improvements $0 $0 $461,293 TOTAL APPROPRIATIONS $40,022,260 $706,403 $893,436 INTERFUND TRANSFERS OUT $1,865,795 $11,054 $360,763 TOTAL APPROPRIATIONS/TRANSFERS OUT $41,888,055 $717,457 $1,254,199 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS ESTIMATED FUND BALANCE 6/30/20 $9,539,000 (a)$70 $29,424 (a) CLASSIFICATIONS OF FUND BALANCE: Restricted Previous Balance Current Balance General Plan Maintenance Fee $870 $60,854 Verizon PEG Grant $26,314 $46,314 Chamber Donation- Christmas Decorations $50,000 $0 Marquee Donation $50,000 $50,000 Committed In Lieu Fee/ Parking Facility $202,300 $202,300 Assigned Contingencies $6,252,584 $6,271,557 Unspecified Contingencies $0 $550,769 Retirement Rate Stabilization $1,021,575 $1,021,575 Retirement Trust- Continue to fund at 73%$0 $829,060 Future Capital Improvement Projects 18-19 $200,000 $0 Transferred to Capital Improvement Fund $267,712 $267,712 $236,387 $0 $280,031 $152,746 2020-21 Payments 19-26 of 60 Reserve for Future Facility Costs (PERS Savings)$0 $86,113 2020-21 Payments 19-26 of 60 $8,587,773 $9,539,000 Available Fund Balance 6/30/20 $0 $70 $29,424 Compensated Absences Fire Facility Payment- 18/19 (Use Reserved TOT) Reserve for Future Facility Costs (TOT Increase) Special Revenue Funds 2019-20 Preliminary Budget CITY OF HERMOSA BEACH BUDGET SUMMARY 1 Exhibit A PROP A AB 939 OPEN SPACE TYCO FUND FUND FUND 117 121 122 ESTIMATED REVENUE Taxes $0 $0 $0 Licenses/Permits $0 $0 $0 Fines/Forfeitures $0 $0 $0 Use of Money/Property $1,540 $0 $363,333 Intergovernmental/State $0 $0 $0 Intergovernmental/County $0 $20,557 $0 Intergovernmental/Federal $0 $0 $0 Current Service Charges $62,720 $0 $0 Other Revenue $0 $0 $0 TOTAL ESTIMATED REVENUE $64,260 $20,557 $363,333 INTERFUND TRANSFERS IN $0 $0 $0 ESTIMATED FUNDS AVAILABLE $64,260 $20,557 $363,333 FUND BALANCE 7/1/19 $18,122 $0 $1,009,307 TOTAL FUNDS AVAILABLE $51,978 $20,557 $1,372,640 APPROPRIATIONS Operating Budget $34,239 $0 $0 Capital Outlay $0 $0 $0 Capital Improvements- Prior Year $0 $0 $452,853 Capital Improvements $0 $0 $750,000 TOTAL APPROPRIATIONS $34,239 $0 $1,202,853 INTERFUND TRANSFERS OUT $0 $20,557 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $34,239 $20,557 $1,202,853 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS ESTIMATED FUND BALANCE 6/30/20 $17,739 $0 $169,787 Available Fund Balance 6/30/20 $17,739 $0 $169,787 Special Revenue Funds 2019-20 Preliminary Budget CITY OF HERMOSA BEACH BUDGET SUMMARY 2 Exhibit A PARK/BAYVIEW DRIVE LOMA DISTRICT RECREATION DISTRICT ADMIN ADMINISTRATIVE FACILITY TAX EXPENSE EXPENSE FUND FUND FUND 125 135 138 ESTIMATED REVENUE Taxes $7,793 $0 $0 Licenses/Permits $0 $0 $0 Fines/Forfeitures $0 $0 $0 Use of Money/Property $6,650 $79 $415 Intergovernmental/State $0 $0 $0 Intergovernmental/County $0 $0 $0 Intergovernmental/Federal $0 $0 $0 Current Service Charges $0 $0 $0 Other Revenue $132,020 $4,500 $0 TOTAL ESTIMATED REVENUE $146,463 $4,579 $415 INTERFUND TRANSFERS IN $0 $0 $0 ESTIMATED FUNDS AVAILABLE $146,463 $4,579 $415 FUND BALANCE 7/1/19 $409,453 $3,170 $5,935 TOTAL FUNDS AVAILABLE $555,916 $7,749 $6,350 APPROPRIATIONS Operating Budget $0 $1,400 $0 Capital Outlay $0 $0 $0 Capital Improvements- Prior Year $203,410 $0 $0 Capital Improvements $320,000 $0 $0 TOTAL APPROPRIATIONS $523,410 $1,400 $0 INTERFUND TRANSFERS OUT $0 $2,307 $6,350 TOTAL APPROPRIATIONS/TRANSFERS OUT $523,410 $3,707 $6,350 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS ESTIMATED FUND BALANCE 6/30/20 $32,506 $4,042 $0 Available Fund Balance 6/30/20 $32,506 $4,042 $0 Special Revenue Funds 2019-20 Preliminary Budget CITY OF HERMOSA BEACH BUDGET SUMMARY 3 Exhibit A BEACH DRIVE DISTRICT ADMINISTRATIVE COMMUNITY / DEV PROPOSITION PROPOSITION EXPENSE BLOCK GRANT A C FUND FUND FUND 139 140 145 146 ESTIMATED REVENUE Taxes $0 $0 $408,722 $339,024 Licenses/Permits $0 $0 $0 $0 Fines/Forfeitures $0 $0 $0 $0 Use of Money/Property $84 $0 $38,656 $33,289 Intergovernmental/State $0 $0 $0 $0 Intergovernmental/County $0 $0 $0 $0 Intergovernmental/Federal $0 $120,000 $0 $0 Current Service Charges $0 $0 $5,100 $0 Other Revenue $3,500 $0 $0 $0 TOTAL ESTIMATED REVENUE $3,584 $120,000 $452,478 $372,313 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $3,584 $120,000 $452,478 $372,313 FUND BALANCE 7/1/19 $2,866 $0 $1,156,086 $701,295 TOTAL FUNDS AVAILABLE $6,450 $120,000 $1,608,564 $1,073,608 APPROPRIATIONS Operating Budget $1,503 $0 $214,830 $0 Capital Outlay $0 $0 $0 $0 Capital Improvements- Prior Year $0 $0 $0 $0 Capital Improvements $0 $120,000 $0 $370,875 TOTAL APPROPRIATIONS $1,503 $120,000 $214,830 $370,875 INTERFUND TRANSFERS OUT $1,891 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $3,394 $120,000 $214,830 $370,875 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS ESTIMATED FUND BALANCE 6/30/20 $3,056 $0 $1,393,734 $702,733 Available Fund Balance 6/30/20 $3,056 $0 $1,393,734 $702,733 Special Revenue Funds 2019-20 Preliminary Budget CITY OF HERMOSA BEACH BUDGET SUMMARY 4 Exhibit A MEASURE R MEASURE M MEASURE W GRANT FUND FUND FUND FUND 147 148 149 150 ESTIMATED REVENUE Taxes $254,268 $288,170 $160,000 $0 Licenses/Permits $0 $0 $0 $0 Fines/Forfeitures $0 $0 $0 $0 Use of Money/Property $25,949 $6,863 $0 $0 Intergovernmental/State $0 $0 $0 $1,522,965 Intergovernmental/County $0 $0 $0 $0 Intergovernmental/Federal $0 $0 $0 $1,800 Current Service Charges $0 $0 $0 $0 Other Revenue $384,325 $0 $0 $1,348,601 TOTAL ESTIMATED REVENUE $664,542 $295,033 $160,000 $2,873,366 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $664,542 $295,033 $160,000 $2,873,366 FUND BALANCE 7/1/19 $448,213 $207,468 $0 $1,619,403 TOTAL FUNDS AVAILABLE $1,112,755 $502,501 $160,000 $4,492,769 APPROPRIATIONS Operating Budget $0 $0 $0 $7,100 Capital Outlay $0 $0 $0 $0 Capital Improvements- Prior Year $848,135 $201,231 $0 $4,269,242 Capital Improvements $0 $290,000 $0 $216,427 TOTAL APPROPRIATIONS $848,135 $491,231 $0 $4,492,769 INTERFUND TRANSFERS OUT $0 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $848,135 $491,231 $0 $4,492,769 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS ESTIMATED FUND BALANCE 6/30/20 $264,620 $11,270 $160,000 $0 Available Fund Balance 6/30/20 $264,620 $11,270 $160,000 $0 2019-20 Preliminary Budget CITY OF HERMOSA BEACH BUDGET SUMMARY 5 Exhibit A 2019-20 SUPPLEMENTAL AIR QUALITY LAW ENFORCEMENT ASSET SEIZURE/ IMPROVEMENT SERVICES SEWER STORM DRAIN FORFEITURE FUND FUND FUND FUND FUND 152 153 160 161 170 ESTIMATED REVENUE Taxes $0 $100,000 $0 $0 $0 Licenses/Permits $0 $0 $0 $0 $0 Fines/Forfeitures $0 $0 $0 $0 $0 Use of Money/Property $1,293 $6,449 $159,651 $24,884 $13,972 Intergovernmental/State $25,000 $0 $5,475 $0 $0 Intergovernmental/County $0 $0 $8,000 $0 $0 Intergovernmental/Federal $0 $0 $0 $0 $0 Current Service Charges $0 $0 $1,121,185 $0 $0 Other Revenue $0 $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $26,293 $106,449 $1,294,311 $24,884 $13,972 INTERFUND TRANSFERS IN $0 $0 $0 $700,000 $0 ESTIMATED FUNDS AVAILABLE $26,293 $106,449 $1,294,311 $724,884 $13,972 FUND BALANCE 7/1/19 $21,980 $134,512 $6,702,407 $1,187,695 $528,498 TOTAL FUNDS AVAILABLE $48,273 $240,961 $7,996,718 $1,912,579 $542,470 APPROPRIATIONS Operating Budget $28,000 $95,218 $435,166 $362,558 $10,222 Capital Outlay $0 $0 $0 $0 $57,818 Capital Improvements- Prior Year $0 0 $1,164,250 $645,090 $0 Capital Improvements $0 0 $1,485,750 $904,910 $0 TOTAL APPROPRIATIONS $28,000 $95,218 $3,085,166 $1,912,558 $68,040 INTERFUND TRANSFERS OUT $0 $0 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $28,000 $95,218 $3,085,166 $1,912,558 $68,040 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS ESTIMATED FUND BALANCE 6/30/20 $20,273 $145,743 $4,911,552 $21 $474,430 Available Fund Balance 6/30/20 20,273 $145,743 $4,911,552 $21 $474,430 Special Revenue Fd 2019-20 Preliminary Budget CITY OF HERMOSA BEACH BUDGET SUMMARY 6 Exhibit A RTI FIRE RTI UNDERSEA CABLE PROTECTION UNDERSEA CABLE TIDELANDS FUND FUND FUND 180 190 191 ESTIMATED REVENUE Taxes $0 $0 $0 Licenses/Permits $0 $0 $0 Fines/Forfeitures $0 $0 $0 Use of Money/Property $1,950 $615,831 $382,423 Intergovernmental/State $0 $0 $0 Intergovernmental/County $0 $0 $0 Intergovernmental/Federal $0 $0 $0 Current Service Charges $0 $0 $0 Other Revenue $48,751 $0 $0 TOTAL ESTIMATED REVENUE $50,701 $615,831 $382,423 INTERFUND TRANSFERS IN $0 $0 $0 ESTIMATED FUNDS AVAILABLE $50,701 $615,831 $382,423 FUND BALANCE 7/1/19 $57,621 $383,429 $246,134 TOTAL FUNDS AVAILABLE $108,322 $999,260 $628,557 APPROPRIATIONS Operating Budget $43,062 $0 $0 Capital Outlay $0 $0 $0 Capital Improvements- Prior Year $0 $0 $240,000 Capital Improvements $0 $482,260 $0 TOTAL APPROPRIATIONS $43,062 $482,260 $240,000 INTERFUND TRANSFERS OUT $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $43,062 $482,260 $240,000 DEBT SERVICE PAYMENT ESTIMATED FUND BALANCE 6/30/20 $65,260 $517,000 $388,557 2020-21 Fire Equipment Conversion Costs (Payments 31-42 of 60)43,062.00 2021-22 Fire Equipment Conversion Costs (Payments 43-48 of 60)22,198.00 Available Fund Balance 6/30/20 $0 $517,000 $388,557 Special Revenue Fd 2019-20 Preliminary Budget CITY OF HERMOSA BEACH BUDGET SUMMARY 7 Exhibit A Debt Service Fd BAYVIEW DRIVE LOWER PIER 2015 CAPITAL DISTRICT DISTRICT LEASE REVENUE IMPROVEMENT REDEMPTION REDEMPTION BOND FUND FUND FUND FUND 201 301 609 610 ESTIMATED REVENUE Taxes $0 $0 $0 $0 Licenses/Permits $0 $0 $0 $0 Fines/Forfeitures $0 $0 $0 $0 Use of Money/Property $0 $196,025 $2,877 $78 Intergovernmental/State $0 $0 $0 $0 Intergovernmental/County $0 $0 $0 $0 Intergovernmental/Federal $0 $0 $0 $0 Current Service Charges $0 $0 $0 $0 Other Revenue $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $0 $196,025 $2,877 $78 INTERFUND TRANSFERS IN $789,863 $200,000 $0 $0 ESTIMATED FUNDS AVAILABLE $789,863 $396,025 $2,877 $78 FUND BALANCE 7/1/19 $349 $6,742,849 $132,293 $3,133 TOTAL FUNDS AVAILABLE $790,212 $7,138,874 $135,170 $3,211 APPROPRIATIONS Operating Budget $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Capital Improvements- Prior Year $0 $3,616,582 $0 $0 Capital Improvements $0 $2,063,267 $0 $0 TOTAL APPROPRIATIONS $0 $5,679,849 $0 $0 INTERFUND TRANSFERS OUT $0 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $0 $5,679,849 $0 $0 DEBT SERVICE PAYMENT $790,212 $0 $0 $0 ESTIMATED FUND BALANCE 6/30/20 $0 $1,459,025 $135,170 $3,211 Reserved for New Corporate City Yard Construction (with contingency)$953,000 Reserve for Capital Facilities (new)$0 Available Fund Balance 6/30/20 $0 $506,025 $135,170 $3,211 Special Revenue Fund Agency Funds 2019-20 Preliminary Budget CITY OF HERMOSA BEACH BUDGET SUMMARY 8 Exhibit A BEACH DRIVE BEACH DRIVE MYRTLE LOMA DISTRICT DISTRICT AVENUE DRIVE REDEMPTION RESERVE ASSESSMENT ASSESSMENT FUND FUND FUND FUND 611 612 617 618 ESTIMATED REVENUE Taxes $0 $0 $0 $0 Licenses/Permits $0 $0 $0 $0 Fines/Forfeitures $0 $0 $0 $0 Use of Money/Property $1,480 $116 $1,845 $2,858 Intergovernmental/State $0 $0 $0 $0 Intergovernmental/County $0 $0 $0 $0 Intergovernmental/Federal $0 $0 $0 $0 Current Service Charges $0 $0 $0 $0 Other Revenue $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $1,480 $116 $1,845 $2,858 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $1,480 $116 $1,845 $2,858 FUND BALANCE 7/1/19 $69,677 $4,436 $115,071 $162,533 TOTAL FUNDS AVAILABLE $71,157 $4,552 $116,916 $165,391 APPROPRIATIONS Operating Budget $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Capital Improvements $0 $0 $0 $0 Capital Improvements TOTAL APPROPRIATIONS $0 $0 $0 $0 INTERFUND TRANSFERS OUT $0 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $0 $0 $0 $0 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS ESTIMATED FUND BALANCE 6/30/20 $71,157 $4,552 $116,916 $165,391 Available Fund Balance 6/30/20 $71,157 $4,552 $116,916 $165,391 Agency Funds 2019-20 Preliminary Budget CITY OF HERMOSA BEACH BUDGET SUMMARY 9 Exhibit A BAYVIEW DRIVE EQUIPMENT RESERVE INSURANCE REPLACEMENT TOTAL FUND FUND FUND (MEMORANDUM 619 705 715 ONLY) ESTIMATED REVENUE Taxes $0 $0 $0 $31,969,804 Licenses/Permits $0 $0 $0 $1,215,677 Fines/Forfeitures $0 $0 $0 $2,135,049 Use of Money/Property $380 $0 $0 $3,024,905 Intergovernmental/State $0 $0 $0 $2,557,148 Intergovernmental/County $0 $0 $0 $28,557 Intergovernmental/Federal $0 $0 $0 $121,800 Current Service Charges $0 $2,707,639 $1,909,392 $13,187,883 Other Revenue $0 $0 $0 $2,045,889 TOTAL ESTIMATED REVENUE $380 $2,707,639 $1,909,392 $56,286,712 INTERFUND TRANSFERS IN $0 $0 $0 $2,268,717 ESTIMATED FUNDS AVAILABLE $380 $2,707,639 $1,909,392 $58,555,429 FUND BALANCE 7/1/19 $14,693 $3,073,205 $9,135,772 $43,340,162 TOTAL FUNDS AVAILABLE $15,073 $5,780,844 $11,045,164 $102,263,746 APPROPRIATIONS Operating Budget $0 $2,837,360 $1,772,183 $45,760,366 Capital Outlay $0 $0 $401,629 $885,919 Capital Improvements- Prior Year $0 $0 $196,361 $12,653,963 Capital Improvements $0 $0 $0 $7,464,782 TOTAL APPROPRIATIONS $0 $2,837,360 $2,370,173 $66,765,030 INTERFUND TRANSFERS OUT $0 $0 $0 $2,268,717 TOTAL APPROPRIATIONS/TRANSFERS OUT $0 $2,837,360 $2,370,173 $69,033,747 DEBT SERVICE PAYMENT $790,212 ADJUST FUND BALANCE FOR $401,629 $401,629 FIXED ASSET ADDITIONS 2 ESTIMATED FUND BALANCE 6/30/20 $15,073 $2,943,484 $9,076,620 $32,841,416 Designated Building Maintenance Funds $628,441 Investment in Fixed Assets $5,328,650 Assigned reserve for Police Department Radio Equipment/South Bay $86,020 Interoperability Project. Anticipate completion in 2019-20 Available Fund Balance 6/30/20 $15,073 $2,943,484 $3,033,509 $16,241,045 Agency Fund Internal Service Funds 2019-20 Preliminary Budget CITY OF HERMOSA BEACH BUDGET SUMMARY 10 Exhibit A CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE ON-GOING TECHNOLOGY SUPPORT BETWEEN THE CITY OF HERMOSA BEACH AND PROSUM, INC. This AGREEMENT is entered into this 11th day of June, 2019, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and Prosum, Inc. (“CONSULTANT”). R E C I T A L S A.The City desires to contract with a qualified firm to deliver technology support. B.The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work. C.The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D.The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows: 1.CONSIDERATION AND COMPENSATION A.As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. B.As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. C.As additional consideration, CITY agrees to pay CONSULTANT a total of $199,063, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. D.No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee. E.CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. 2.SCOPE OF SERVICES. Attachment 4 Page 2 of 9 A. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and Exhibit B and incorporated herein by this reference. B. Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel. Services will be performed on City premises with the exception of Customer Care. 3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY in accordance with the schedule of compensation incorporated in “Exhibit A and Exhibit B.” 4. TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A and Exhibit B,” unless extended in writing by the CITY. 5. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 6. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Deepika Bhatia. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. 7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on June 30, 2020. The contract will extend automatically on a month to month basis unless another agreement is put in place or unless either party sends written notice to the other 60 days prior to time of expiration stating their intent to terminate this Agreement, unless earlier termination occurs under Section 11 of this Agreement. 8. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 10. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. Page 3 of 9 11. TERMINATION. Either party not in breach of this contract may, upon giving three (3) months written notice to the other party, terminate this contract at any time for convenience. Should the City be the terminating party, Vendor will help transition IT Support to the City personnel or another service provider. It the termination notice does not occur on a monthly anniversary of the start date, then the City will be billed a pro-rated portion of the monthly fees. 12. INDEMNIFICATION. A. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. 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 and will survive termination of this Agreement. B. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 13. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. 14. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 15. AUDIT OF RECORDS. Page 4 of 9 A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. B. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 16. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. 17. INSURANCE REQUIREMENTS. A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. 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. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage Page 5 of 9 for all activities of the CONSULTANT 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 one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, 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 the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 3. 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. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. Page 6 of 9 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. 18. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. Page 7 of 9 19. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 20. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: Viki Copeland Prosum, Inc. 2201 Park Place, Ste. 102 El Segundo, CA 90245 Attn: Deepika Bhatia Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section. 21. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 22. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. 23. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 24. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. Page 8 of 9 25. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 26. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. 27. ACCEPTANCE OF FACSIMILE OR ELECTRONIC 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 or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 28. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 29. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 30. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. 31. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. 32. DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs) By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions Page 9 of 9 set forth in Fair Political Practices Commission Regulation 18701(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ OR By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18701(a)(2)(A) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH CONSULTANT Stacey Armato, MAYOR By: TITLE ATTEST: Elaine Doerfling, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins , City Attorney CONFIDENTIAL RFP Response Forms (HB rev1) / VENDOR PROFILE Page 1 of 19 Released:4/16/2019 VENDOR(S):Due:5/9/2019 Street #/Name: Suite: City, State, Zip Officers/Owners:Title(s): Co-CEO Co-CEO Type:C-Corp State of Registration:California Year founded:1996 Founded by: Street #/Name: Suite: City, State, Zip Year established:1996 Region(s) served: Contacts (for this project):Title(s): Vice President, Professional Services Senior IT Manager Office Phone Email Cell Phone Deepika Bhatia 310-426-0634 deepika.bhatia@prosum.com 310-309-9882 Jay Groves 310-426-0529 jay.groves@prosum.com 310-529-0794 Ken Aster and Ravi Chatwani LOCAL BRANCH OFFICE FOR THIS PROJECT Branch Name: Address: 2201 Park Place Suite 102 El Segundo, CA 90245 Customers served by Prosum have offices in following locations: All of United States, China, Malaysia, Singapore, Netherlands, Mexico, India, France etc Cell Phone Ravi Chatwani (310)-426-0609 ravi.chatwani@prosum.com (310) 218-7350 Ken Aster (310) 426-0600 ken.aster@prosum.com (310) 849-6712 Office Phone Email PROSUM City of Hermosa Beach HOME OFFICE/HEADQUARTERS Legal Company Name:Prosum Inc. Company Reference:PROSUM Address: 2201 Park Place Suite 102 El Segundo, CA 90245 RFP Response Form VENDOR PROFILE On-going Technology Support RFP Exhibit A CONFIDENTIAL RFP Response Forms (HB rev1) / VENDOR PROFILE Page 2 of 19 Released:4/16/2019 VENDOR(S):Due:5/9/2019 PROSUM City of Hermosa Beach RFP Response Form VENDOR PROFILE On-going Technology Support RFP Similar Size 40 Customers of similar size California 65 Customers with head quarters in California Total 80 Total Professional Services Customers (42 Managed Services Customers + 38 Project Consulting Customers) Support is provided from Newport Beach, CA, Denver Colorado and El Segundo, CA INSTALLED USER BASE Corporate Local Branch (if different) CONFIDENTIAL RFP Response Forms (HB rev1) / VENDOR PROFILE Page 3 of 19 Released:4/16/2019 VENDOR(S):Due:5/9/2019 PROSUM City of Hermosa Beach RFP Response Form VENDOR PROFILE On-going Technology Support RFP FINANCIAL DISCLOSURE CONFIDENTIAL RFP Response Forms (HB rev1) / VENDOR PROFILE Page 4 of 19 Released:4/16/2019 VENDOR(S):Due:5/9/2019 PROSUM City of Hermosa Beach RFP Response Form VENDOR PROFILE On-going Technology Support RFP INSTALLED USER BASE Fiscal Year Corporate 2018 Total 80 2017 Similar Size 40 2016 So. California 65 Last 2 Qtrs # Sites 85 Tax registratio $38,834,484 $29,817,940 Yes, copies of the last 2 years financial statements, preferably audited, with notes; annual reports, and most recent completed quarterlies are confidential and included under separate cover. GROSS REVENUES $26,649,104 $18,541,210 $13,169,144 $9,255,436 Please attach copies of the last 2 years financial statements, preferably audited, with notes; annual reports, and most recent completed quarterlies. This must include Balance Sheets, Profit/Loss and Income Statements for 2 years. If a subsidiary of a parent company, subsidiary financials are required. Yes, copies of the last 2 years financial statements, preferably audited, with notes; annual reports, and most recent completed quarterlies are attached to this submittal. 33-0776224 Corporate Local Branch Local Branch $31,595,065 $22,140,997 CONFIDENTIAL RFP Response Forms (HB rev1) / VENDOR PROFILE Page 5 of 19 Released:4/16/2019 VENDOR(S):Due:5/9/2019 PROSUM City of Hermosa Beach RFP Response Form VENDOR PROFILE On-going Technology Support RFP Please give a brief history of the company and its primary business philosophy: Please give a brief description of the organizational structure: (Please attach organization charts if you have them) HISTORY Prosum, Inc. (Prosum) is a technology services company that builds lasting partnerships by giving our clients a competitive advantage in their marketplace through a unique combination of Business Consulting, Technology Solutions, Outsourcing and Resource Staffing. Founded in 1996, Prosum has over 20 years of experience in providing enterprise infrastructure and managed support services utilizing proven and emerging Microsoft technologies as well as proven experience in delivering project-based solutions on time and on budget. Prosum, named after the Latin phrase meaning “to do good”, was originally founded by IT managers in the Aerospace Industry in 1996. As ‘consumers’ of IT services, they felt that they could provide superior services to that which they were receiving, so they started their own consultancy with an infrastructure focus. Over time, they added other IT service offerings as the market dictated: adding an IT Staffing service in 2000 and Managed Services in 2005. The organization structure consists of two CEOs managing three lines of business. Deepika Bhatia, is head of Professional Services division and Chad Heinrich is the head of staffing division. In the Professional Services division we have the Managed Services and the Projects Consulting divsion. Managed Services is led by Senior Manager Art Ockey and James Obukhovsky heads up our Projects Consulting division. Managed Services team is primarily based out of the El Segundo and Newport Beach offices in California. We also have presence in Denver, Phoenix, Cebu, Phillippines and India. CONFIDENTIAL RFP Response Forms (HB rev1) / VENDOR PROFILE Page 6 of 19 Released:4/16/2019 VENDOR(S):Due:5/9/2019 PROSUM City of Hermosa Beach RFP Response Form VENDOR PROFILE On-going Technology Support RFP Product(s)/Services Palos Verdes Estates, CA Redondo Beach, CA Rancho Palos Verdes, CA * These should be references as similar in size and organization to the CITY as possible with products/services similar to those proposed herein. Contact person - Title Phone/EmailLocation (City & State)Reference Agency Name REFERENCES* Ken Rukavina, Director of Community Development and Public Works krukavina@pvestates.org, 310-378-0383 x819 IT Managed ServicesCity of Palos Verdes Estates City of Rancho Palos Verdes Gabriella Yap, Deputy City Manager gyap@rpvca.gov, 310-544-5203 IT Managed Services Beach Cities Health District Cristan Higa, Chief Marketing and Communications Officer cristan.higa@bchd.org, 310-374-3426 x117 IT Managed Services CONFIDENTIAL RFP Response Forms (HB rev1) / VENDOR PROFILE Page 7 of 19 Released:4/16/2019 VENDOR(S):Due:5/9/2019 PROSUM City of Hermosa Beach RFP Response Form VENDOR PROFILE On-going Technology Support RFP City/State Qualifications/Experience Years with firm 17 Resume attached No Years with firm 5 Resume attached No Years with firm 4 Resume attached No Years with firm 2 Resume attached No Years with firm 7 Resume attached No Years with firm 3 Resume attached No Years with firm 1 Resume attached No Corporate level resource people available to local support staff.Years with firm 5 Resume attached no Attach resumes or additional pages if necessary. Although these may not be the actual people to participate in the project, they must be Security Consultant Trainer Other(s) Manages all projects within the Managed Services division. Newport Beach, CA Enterprise Architect with vast experience in Security and Jay Marcelo, Support Engineer 562-387- 3391/jay.marcelo@prosum.com Jay Groves, Senior IT Manager 310-426-0529/jay.groves@prosum.comSite Lead Geoffrey Kneale, Senior Architect Project Manager Site Technician 310-426- 0634/deepika.bhatia@prosum.com Deepika Bhatia, Vice President, Professional Services SUPPORT TEAM Role Name, Title Phone/Email El Segundo, CA 23 Years IT Experience, 12 in IT Managed Services for large Manager/Officer El Segundo, CA 19 Years IT Experience, 12 in IT Managed Services El Segundo, CA Existing City engineer with extensive knowledge of all systems geoffrey.kneale@prosum.com Tiffany Lockwood, Project Manager 949-732- 1120/tiffany.lockwood@prosum.com Newport Beach, CA Amit Bhatia, Director of Finance accounting@prosum.com El Segundo, CA Extensive Accounting and Finance experience and provides Salesforce Dan Jares, Sr. Systems Engineer dan.jares@prosum.com Jared Mauck, Network Engineer jared.mauck@prosum.com Newport Beach, CA Experienced Sr. Engineer and IT Manager with knowledge of all Newport Beach, CA Cisco certified Network Engineer with experience with the City's CONFIDENTIAL RFP Response Forms (HB rev1) / VENDOR PROFILE Page 8 of 19 Released:4/16/2019 VENDOR(S):Due:5/9/2019 PROSUM City of Hermosa Beach RFP Response Form VENDOR PROFILE On-going Technology Support RFP representative in terms of training and experience and knowledge of the City's environment for those who will be involved. CONFIDENTIAL RFP Response Forms (HB rev1) / SERVICES Page 9 of 19 Released:4/16/2019 VENDOR(S): Due:5/9/2019 RFP Reference Included/ Extra Rate Rate Basis Notes/comments Included Included in the IT Managed Services Offering Included Included Included Included Included Included Included in the IT Managed Services Offering Included Included Included Included Included Included Included Included Included Included Not Available Cabling provided by Public Works or 3rd party vendor. Included Included Included Included Included Server/Network Problem tracking and Phone/ telecommunications (limited to initial Documentation DNS (Domain Name Service) issues Escalation support Infrastructure Switches Routers Servers Cabling City of Hermosa Beach PROSUM SITE LEAD SERVICES Contract negotiation and/or escalation Relationship management Email coordination System upgrades Description On-going Technology Support RFP RFP Response Form SERVICES IT steering committee facilitation Resource and project management 4 Basic LAN & wireless support Basic WAN support Remote access: VPN (Virtual Private Network), Guidance on technology/business trends ON-SITE TECHNICIAN SERVICES Print services CONFIDENTIAL RFP Response Forms (HB rev1) / SERVICES Page 10 of 19 Released:4/16/2019 VENDOR(S): Due:5/9/2019 RFP Reference Included/ Extra Rate Rate Basis Notes/comments City of Hermosa Beach PROSUM Description On-going Technology Support RFP RFP Response Form SERVICES Included Included Included Backups are only through Datto, not using Iron Mountain in IT only for Document Shredding Not Available For Council Meetings a third party vendor is in charge of the broadcasts, Prosum will assist with the Council Meetings if there are any issues with the Granicus or Legistar applications. Included Included Extra Multiple rates depending on need per hour Rates will be provided based on technology and role, Prosum has provided a rate sheet for this. Included Included Included Included Included Included Product research Equipment Inventory Payroll and Accounts Payable file transmission Backups, including off-site storage at Iron Mountain Setup/monitor satellite broadcasts Working with vendors to troubleshoot Updates of vendor databases Specialized Projects Relationship management Procurement Quality Status reports (Site Lead) IT Roadmap objectives and tasks CONFIDENTIAL RFP Response Forms (HB rev1) / SERVICES Page 11 of 19 Released:4/16/2019 VENDOR(S): Due:5/9/2019 RFP Reference Included/ Extra Rate Rate Basis Notes/comments City of Hermosa Beach PROSUM Description On-going Technology Support RFP RFP Response Form SERVICES Included Two days per week Support Engineer, 1 day per week IT Manager. 8 hrs per day support is included. Included Included Network Operations Center Monitoring is included as the NOC Monitoring line item. Included Included Included Extra $175.00 per hour Rates will be provided based on technology and role, Prosum can provide a rate sheet for this if required. Included Included Included All emergency support/changes will be performed on fridays when the city is closed. Any changes that are outside of that window will be charged on an hourly basis. Currently the city doesn’t have any requirement for emergency support outside of that window Included Extra $150.00 per hour Included EMERGENCY SUPPORT SERVICES Advanced Networking Normal City Business hours 7:00 AM to 6:PM Monday - Thursday LAN/WAN troubleshooting Network Security Application Development and Integration IT Support Services 4.1.1 4.1.2 4.1.3 After hours support - Senior After hours support - Technician EOC Activation Support EOC Setup and testing EXTERNAL SUPPORT SERVICES ON-SITE SUPPORT Remote access, including VPN IT Planning and Management CONFIDENTIAL RFP Response Forms (HB rev1) / SERVICES Page 12 of 19 Released:4/16/2019 VENDOR(S): Due:5/9/2019 RFP Reference Included/ Extra Rate Rate Basis Notes/comments City of Hermosa Beach PROSUM Description On-going Technology Support RFP RFP Response Form SERVICES CONFIDENTIAL RFP Response Forms (HB rev1) / SERVICES Page 13 of 19 Released:4/16/2019 VENDOR(S): Due:5/9/2019 RFP Reference Included/ Extra Rate Rate Basis Notes/comments City of Hermosa Beach PROSUM Description On-going Technology Support RFP RFP Response Form SERVICES Included Included Included Included Included Included Included Included Included Included Included Notification of any indication of an impending problem Daily monitoring of data backup status Prioritized response based on the Priority Definition tables below Remote diagnostics and problem resolution The vendor should login remotely via secure connection to diagnose and attempt to resolve any IT problem City staff may have, based on the Priority Definitions Proactive monitoring of servers, network devices and peripherals Monitoring of vital systems and alerts Server patch management Detailed monthly reports 4.2 REMOTE SERVICES Application availability monitoring Response will be on a Best Efforts basis during NON-business hours CONFIDENTIAL RFP Response Forms (HB rev1) / SERVICES Page 14 of 19 Released:4/16/2019 VENDOR(S): Due:5/9/2019 RFP Reference Included/ Extra Rate Rate Basis Notes/comments City of Hermosa Beach PROSUM Description On-going Technology Support RFP RFP Response Form SERVICES Included Included Included Facilitate Strategy/Satisfaction meetings: Periodic meetings should be scheduled to: Ensure vendor's services meet or exceed expectations, and remain aligned with the City’s strategic business and IT objectives; Discuss general direction, new technology and infrastructure recommendations, as well as the creation or updating of the City’s IT Roadmap. STRATEGIC PLANNING 4.3 CONFIDENTIAL RFP Response Forms (HB rev1) / SERVICES Page 15 of 19 Released:4/16/2019 VENDOR(S): Due:5/9/2019 RFP Reference Included/ Extra Rate Rate Basis Notes/comments City of Hermosa Beach PROSUM Description On-going Technology Support RFP RFP Response Form SERVICES Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included IncludedQuarterly System Recovery Test Weekly/Monthly System Report Email SPAM messages blocked Network penetration attempts, blocks Data backup report Backup integrity test Monthly Backup Report Monthly help desk metrics: Monthly Security Report Tickets opened/closed in the prior month Open tickets report, length of time open Mean Time to Respond, Mean Time to Resolve Server system health Disk space utilization Workstation system health Tickets by category (e.g. application, department, etc.) Weekly help desk metrics: Tickets opened/closed in the prior week Open tickets report, length of time open Mean Time to Respond, Mean Time to Resolve 4.4 Patching levels on servers, workstations, network devices REPORTS CONFIDENTIAL RFP Response Forms (HB rev1) / SERVICES Page 16 of 19 Released:4/16/2019 VENDOR(S): Due:5/9/2019 RFP Reference Included/ Extra Rate Rate Basis Notes/comments City of Hermosa Beach PROSUM Description On-going Technology Support RFP RFP Response Form SERVICES Not Applicable $0.00 There will no additional cost for transition if the city continues the contract with Prosum. 4.5 Transition Preliminary preparation prior contract start CONFIDENTIAL RFP Response Forms (HB rev1) / PRICES Page 17 of 19 Released:4/16/2019 Due:5/9/2019 Unit Type Units Rate Cost Annualized Cost User 165 $80.00 $13,200.00 $158,400.00 Hour 1 $150.00 As needed As needed Month 1 $816.00 $816.00 $9,792.00 VENDOR(S): PROSUM Services Description City of Hermosa Beach On-going Technology Support RFP RFQ Response Form Price Form 4.1 General System On-site IT Support Technical Support Multidisciplinary Support Team Emergency Support Services 4.2 Remote Services Alert Montioring & Resolution 24x7 Monitoring of all city systems and network Proactive systems and administration support including logs management, disk space, utilization, resources, etc. Onsite user support tickets & helpdesk services Support described below for up to 165 users. No Onboarding or One Time Cost if the city continues the contract with Prosum. The Rate column includes the monthly rate for cost calculation purposes. Multidisciplinary support including network, desktops, servers, printers, OS type issues, etc as defined within the onsite technician services under the services tab EOC Activation Support Site Lead/IT Manager Services - Contract Negotiations & Escalations, Relationship Management, IT Steering Committee Facilitation, Resource & Project Management as needed, Guidance on Technology & Business Trends Emergency Support Services such as After hours support on Fridays for any changes performed by Senior and technician level resources, EOC Setup and testing, CONFIDENTIAL RFP Response Forms (HB rev1) / PRICES Page 18 of 19 Included 1$ $0.00 $0.00 $0.00 Included 1$ $0.00 $0.00 $0.00 Included 1$ $0.00 $0.00 $0.00 $168,192.00 TOTAL On-Boarding Fees Not applicable if city decides to continue their support with Prosum. This would be significant cost savings for the city. 4.3 Strategic Planning Server and workstation patching and compliancy 4.5 Transition Standardized reports as defined within the services section will be included within the fees. No additional charge for reporting. Standardized Reports IT Advisory Services 4.4 Reporting Local IT Government Best Practices LAN/WAN Troubleshooting, Advanced Network Health Monitoring & Alerting, Remote Access & VPN Support Server Room Environmental Montiroing (Temprature and Humidity) Facility Strategy/Satisfaction Meetings Vendor Management Support Technology Roadmap & QBR Technology Recommendations and Guidance CONFIDENTIAL Released:4/16/2019 Due:5/9/2019 Unit Type Per hour Per hour Per hour Per hour Per hour Per hour Per hour City of Hermosa Beach On-going Technology Support RFP VENDOR(S): RFP Response Form PROSUMRate Schedule Service Category Description Rate Special Projects Project Manager Resource $150.00 Enterprise Architect $225.00 Solutions and Technical Architect $200.00 Senior Systems and Network Engineers $175.00 Systems and Network Engineers $150.00 Desktop Support $100.00 Emergency After Hours Emergency After Hours Support (not planned)$150.00 CONFIDENTIAL Supplemental RFP Response Forms / SUPPLEMENTAL SERVICES Page 1 of 3 Released:4/16/2019 VENDOR(S): Due:5/9/2019 RFP Reference Setup/ Initial Costs Included/ Extra Rate Rate Basis Annual Cost Notes/comments NA Extra $18,511.00 Per year $18,511 Yearly Support and Cloud Storage for the Datto Device Included Included Included Included Included Included Included $0.00 Per year $0 Already included within the Remote Services section of the RFP Response forms Included Included Included Included Included Included City of Hermosa Beach BACKUP SOLUTION Up to 50 TB capacity Incremental backups (up to 25 servers) with up to 4 month retention On-site data replication (up to 25 servers) Description On-going Technology Support RFP Supplemental RFP Response Form SUPPLEMENTAL SERVICES Supports Dell EMC vxrail system Quarterly restore testing for data integrity PROSUM Addendum 3Storage redundancy NETWORK MONITORING Performance monitoring and reporting Advanced network health monitoting and alerting *24/7) Integration with service request/ticketing system Triage and remediation Server room temperature and humidity monitoring and alerting Customer notification and approval for remediationAddendum 3 CONFIDENTIAL Supplemental RFP Response Forms / SUPPLEMENTAL SERVICES Page 2 of 3 Released:4/16/2019 VENDOR(S): Due:5/9/2019 RFP Reference Setup/ Initial Costs Included/ Extra Rate Rate Basis Annual Cost Notes/comments City of Hermosa Beach Description On-going Technology Support RFP Supplemental RFP Response Form SUPPLEMENTAL SERVICES PROSUM CONFIDENTIAL Supplemental RFP Response Forms / SUPPLEMENTAL SERVICES Page 3 of 3 Released:4/16/2019 VENDOR(S): Due:5/9/2019 RFP Reference Setup/ Initial Costs Included/ Extra Rate Rate Basis Annual Cost Notes/comments City of Hermosa Beach Description On-going Technology Support RFP Supplemental RFP Response Form SUPPLEMENTAL SERVICES PROSUM Extra $1,030.00 Per Month $12,360 Included Included Included Included Included Included Included Included Included Up to 40 hrs/year. Any additional hour will be charged at the blended rate of $150/hr $30,871 Initial threat response and triage SECURITY AND THREAT DETECTION Remote management and monitoring of events Both proactive and reactive monitoring of virus and malware intrusion Configuration, troubleshooting, and reporting of email threats and events User training - new employee orientation (monthly) SPAM filtering and monitoring for City's Office 365 Exchange online email environment Total City wide computer security best practice workshop inservice training (annual) Antivirus software for all servers and workstations Integraton with service request/ticketing system Addendum 3 Jurisdiction Current TOT Rate Assessment Beverly Hills 14% Carson 9% Culver City 14% El Segundo 12% Gardena 11% Hawthorne 12% Inglewood 14% Lawndale 9% Long Beach 12% Los Angeles 14% Manhattan Beach 12%* Rancho Palos Verdes 10% Redondo Beach 12% Santa Monica 14% Torrance 11% Palos Verdes Estates N/A West Hollywood 15.5%(Includes 3% Marketing) Avg.12.2% TOT Rates *A measure to increase the City's TOT up to 14% was approved in March 2019. The rate is currently at 10% and will increase to 12% after April 30, 2020. Thereafter, the City Council will maintain the rate at 12% for at least 2 additional years. The City Council may increase to a percentage not to exceed 14% at any time after April 30, 2022. 2019 Transient Occupancy Tax (TOT) Rate Survey DATE: June 11, 2019 TO: Honorable Mayor and Members of the City Council FROM: Viki Copeland, Finance Director SUBJECT: 06/11/19 AGENDA, ITEM 5a - SUPPLEMENTAL INFORMATION FOR FY 2019-20 BUDGET ADOPTION 1. Organization Improvements – Summary (Attachment 2): The “Assistant City Manager” title should be listed as “Deputy City Manager”. The “Senior Management Analyst” reclassification from “Environmental Analyst” was also added to the summary. A revised summary is attached for review. 2. Contract Services: The Granicus contract, budgeted in the IT department, is considered sole source and should be included with the other service contracts listed in the staff report for consideration and approval with the budget rather than submitting them individually on future agendas. The City first entered into an agreement with Granicus in 2007. Meeting and Agenda Management, Video Streaming, and Citizen Participation services are all continued services. Closed Captioning services began in March 2019. 3-Year Granicus Subscription Services Cost Summary Service FY 2019-20 FY 2020-21 FY 2021-22 Renewing Services: Meeting and Agenda Management, Video Streaming, and Citizen Participation $42,150.68 $42,150.68 $42,150.68 New Service (since March 2019): Closed Captioning $32,500.00 $32,500.00 $32,500.00 Annual Cost $74,650.68 $74,650.68 $74,650.68 For a comparison of the renewing services, the City paid an average annual cost of $42,752.55 in Fiscal Years 2016–17 and 2017–18. Staff was successful in negotiating rates with Granicus from its initial proposal to slightly decrease the costs of the existing services and maintain the cost for the next 3-years. The contract is attached for review. CIT Y O F H E R M O S A B E A C H M E M O R A N D U M Organizational Improvements – Summary Fiscal Year 2019-20 marks a year of transition as we strive to responsibly and creatively improve the level of service that the City provides our community. While the economy may ebb and flow, demands for many of our services have continued to grow. Over the past several years, in response to our community’s needs, the City has added positions ranging from Emergency Management Coordinator and Management Analyst, to Community Services Officers and Public Works Inspector. Growing demands have come to require a fresh look at the way in which we have customarily provided services to our residents. This has resulted in a need for reflection as a local government, and a review of the organization to determine more efficient and effective methods of service delivery. Toward this end, in this Preliminary Budget, we are recommending additional staff resources in the areas of city administration, public works and public safety, to reflect Council’s goals and help address growing federal, state and regional demands placed on local governments. Additionally, there are other recommended changes and modifications to personnel within the City through reclassifications of personnel to new positions. And in November of this year, voters will consider a local ballot measure seeking to bring professional support to the role of City Clerk by making this an appointed position with accountability to the City Council and City Manager’s Department. These organizational changes are critical as we seek to evolve as a professional organization while providing outstanding services sustainably into the future. These changes are further summarized in the Budget Overview and the Personnel Allocation Summary. Deputy City Manager In order to continue providing services that residents have grown to expect of their City government, there is a need to expand the capacity and oversight of operations at the City Manager's Department-level. Establishing the Deputy City Manager classification would provide critical support to the City in reaching its ambitious goals toward its strategic vision, while improving the function of management services by allowing the City Manager to focus on bigger picture initiatives, partnerships and capacity building. The Deputy City Manager will report to the City Manager and will provide support on a broad range of activities including: • Providing oversight of assigned personnel and operations; • Evaluating and advising the City Manager on various administrative and operational activities and future needs of the City; and • Implementing and monitoring success of strategic initiatives. This position will handle many of the operational and day-to-day issues, while the City Manager will carry the duties of a Chief Executive Officer, providing key strategic planning, leadership, and direction. The ACM will provide direct supervision over major intradepartmental efforts, lead citywide programs and projects that have City Council and community visibility, and will act as the City Manage r in the City Manager's absence. Police Service Officer This position would provide administrative support in the property management, crime analysis and criminal intelligence, court processing, and planning functions of the property/evidence unit. A 2013 ICMA assessment of PD property/evidence operations and subsequent report supports this request. Since 2013, there has also been a significant increase in the amount of discovery and Public Records Requests at the Department. Research associated with this work, crime scene evidence collection, and compliance measures associated with items previously listed will be key duties of this position. Assistant Engineers (2) Demands on the Public Works Department have increased due to the City’s various capital improvement projects, resident requests, private development, and increased demands for supervision and coordination with external agencies and utility companies. With new policies and permitting procedures, there is also a growing need to improve and update the City’s systems and protocols. (1) Assistant Engineer to be funded by the sale of Proposition A Funds (1) Assistant Engineer to be funded with Sewer Funds and Non -General Fund CIP accounts. Public Works Intern (Part-time Temp) Additional Public Works intern to perform admin duties as assigned @ 20hr/week, including counter, permitting and customer service. Environmental Programs Manager This position will replace one of our existing Environmental Analyst positions. Over the years, the scope of reach and level of expertise demanded of this position has grown. The Environmental Programs Manager classification more closely resembles similar roles in other cities, and is appropriate for the increasing level of complexity across the City’s various Environmental projects and initiatives. The position would continue the City Council’s goals and vision of providing leadership to Environmental Sustainability and ensuring a more livable, sustainable beach city. Sample duties: • Manage specific Capital Improvement Projects to ensure consistency w/ the City’s Environmental/Sustainability goals; • Negotiate and administer contracts with public and private entities; • Grant procurement and administration; and • Serve as liaison to external agencies. Senior Management Analyst (Reclassification from Environmental Analyst) Currently, the Environmental Analyst position focuses on municipal and citywide environmental initiatives, programs, projects, and plans. The City Manager, in assessing the current and future needs of the City, has determined that the Environmental Analyst position should be reclassified to Senior Management Analyst. Doing so would allow the team member serving in this role to work cross-functionally across departments to initiate, support, and/or complete projects and project deliverables. Primary responsibilities would include analyzing and recommending solutions for complex administrative issues related to municipal and citywide initiatives, programs, projects, and plans. Senior Recreation Coordinator (Reclassification from Recreation Coordinator) This position will reclassify the current Recreation Coordinator who has been performing various duties of the Senior Recreation Coordinator position since December 16, 2015. The current staff member has been receiving a 10% premium for performing these duties. When the premium expired in the fall of 2016, the former City Manager Tom Bakaly, approved the renewal and advised staff to request a reclassification of the position with the 2017-18 budget since there is a necessity to continue fulfilling these responsibilities. This request has not been approved each year since; therefore, we return at this budget cycle with the duplicate request. Recreation Coordinator (Two Reclassifications) The first request would reclassify the current Youth Program Coordinator to Recreation Coordinator. The Youth Programs Coordinator job description is too narrowly focused and does not offer the flexibility that would benefit the Department. Reclassifying the position greatly increases the flexibility of assigning job responsibilities to this position, which will allow for effective distribution of the Department’s workload. The second request would reclassify the current Office Assistant to Recreation Coordinator as the current staff person has increasingly taken on additional responsibilities to accommodate the growing workload of the Department as well as the trickle-down effects of the reclassification of various positions as a result of eliminated positions. This position, as currently defined in its job description, is no longer essential in the Department as it was previously and reclassifying it as a Recreation Coordinator would allow the Department to be more strategic and effective while still maintaining the responsibilities of this position. Public Works Admin Assistant (Reclassification from Management Analyst) The recent vacancy in the Management Analyst classification in the Public Works department has provided an opportunity to assess current and future needs of the department. Upon further review of the current duties of this position and evolving department needs, the City Manager has requested to revert this position to its previous classification. The Administrative Assistant position will provide staff assistance of a generalized nature, in addition to a focus in areas of specialty such as budget preparation, grants management, and public services. This position will perform general research and data compilation, permit processing, report preparation, and will provide counter assistance and general professional administrative support as assigned. These duties are in line with the Administrative Assistant classification and are performed by staff in this position across City departments. Having a qualified Administrative Assistant on staff would help relieve the Director and his/her small team of engineers from personally performing some of these important tasks, therefore allowing for greater efficiencies within the department. Maintenance II (2) Promotional opportunity for City Yard staff for two Maintenance II positions from Maintenance I. The Department currently has four staff in the Maintenance I position. Public Works has previously been budgeted for the Maintenance II positions but the positions were replaced with Maintenance I positions after one crewmember retired. The second position was filled after a Maintenance II crewmember was promoted to Crew Supervisor. Several Maintenance I crewmembers have skill levels that far exceed the M aintenance I criteria. In the past, these position would be filled internally through a performance test and oral interview board comprised of neighboring city supervisors. There has been very little turn over in the operations division of the Department and these promotional opportunities are valued incentive for our entry-level maintenance personnel. Both positions are in the Building Maintenance Division. Senior Office Assistant (Public Works Yard) Reclassify current Office Assistant position at the City Yard due to increased duties and responsibilities. The current Office Assistant is an invaluable asset to the Department. She works with current yard staff, training them in the use of office equipment and software, prepares purchase orders including placing orders once the purchase order has been approved. She works with residents and business owners to resolve complaints and problems, prepares payroll for the City Yard staff, and assists the Superintendent with letters and time sensitive emails. The current staff member also maintains the filing system as well as performing other duties that are crucial to the daily operation and workload of the Department. The current Office Assistant position will be vacated after the new position is filled. Appointed City Clerk Executive Salary and Benefits beginning 1/1/20 (to be budgeted regardless of ballot measure outcome). Due to the evolving nature of federal, State and local requirements and increasing complexities within the field of city clerkship, the vast majority of cities have transitioned from an elected clerk to an appointed professional serving as their city clerk. Establishing an appointed professional position would ensure critical accountability and help facilitate more straightforward and effective management. At its regular meeting of January 22, 2019, City Council further directed staff to prepare a 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 position. This budget request positions the City to recruit and hire a professional City Clerk in accordance with State law upon expiration of the current elected City Clerk’s term (budgeted regardless of ballot measure outcome). Removal of Elected City Clerk after November Elections The Elected City Clerk position is on the November 2019 General Election to convert the position to an Appointed City Clerk position to better meet the evolving federal, State, and local requirements and increasing complexities within the field of city clerkship. If approved by voters, the Elected City Clerk will complete her term and the Appointed City Clerk will begin in January 2020. Removal of Secretary from General Appropriations Division As part of the budget process, the City Manager’s Office evaluated current staffing needs of the front office, including areas of opportunity for ensuring efficiency and effectiveness across our small team. With emerging technologies (website, pho ne systems, etc.) and the improved efficiencies and reorganization at the Department levels, the Secretary role has been relied on less and less. Unfortunately, in light of the decreased demand for secretarial services, the City can no longer justify a ful l-time secretarial staff person. Current duties associated with this position will be distributed to existing positions within Human Resources and the City Manager’s Office. City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 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 I call to order the June 11th Closed Session Meeting of the City Council. ROLL CALL Roll call please. PUBLIC COMMENT Please come forward if you have comments on the closed session agenda. RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM [After any comments] We will now close public comment and recess to the 2nd floor conference room. 1. 19-0374 MINUTES: Approval of minutes of Closed Session held on May 28, 2019. 2. 19-0375 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: 1 3. 19-0381 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: City Manager Employee Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Unrepresented Employees 4. 19-0335 CONFERENCE WITH LEGAL COUNSEL: Litigation Quarterly Update Existing 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. a) Name of Case: BKK Working Group et al. v. City of Hermosa Beach et al. United States District Court, Case Number: 2:18-cv-5810 b) Name of Case: Arlene Buschbach v. City of Hermosa Beach City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 Los Angeles County Superior Court, Case Number: 19STCV11390 c) Name of Case: Kerry Cartwright v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCV05692 d) Name of Case: Hermosa Fitness LLC v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: 18STCP02840 e) Name of Case: Mark Roth v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: YC072628 f) Name of Case: City of Hermosa Beach v. Edward P. Zappia, The Zappia Law Firm Los Angeles County Superior Court, Case Number: BC709770 5. 19-0336 CONFERENCE WITH LEGAL COUNSEL: Non-Litigated Claims Update Existing Litigation - Government Code Section 54956.9(d)(2) and (e)(3) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a) Claimant: Brian Anstey, Claim Number: 18-138992 Date of Loss: 6/26/2018, Date Filed: 11/19/2018 Allegation: Suspect in Redondo Police Department Chase damaged Claimant’s fence b) Claimant: Dona Bauer, Claim Number: 19-140994 Date of Loss: 10/22/2018, Date Filed: 3/18/2019 Allegation: Fracture to right foot from fall on brick sidewalk at 6th Street c) Claimant: Nathan Carroll, Claim Number: 19-139480 Date of Loss: 8/26/2018, Date Filed: 12/31/2018 Allegation: Money and property stolen by security guard hired by City d) Claimant: Jason Clark, Claim Number: 19-139872 Date of Loss: 7/2018, Date Filed: 1/23/2019 Allegation: Car accident was result of a blind spot that was reported to City e) Claimant: Carissa De Blasi, Claim Number: 18-138649 Date of Loss: 6/18/2018, Date Filed: 11/6/2018 Allegation: Damage to Claimant’s vehicle caused by an asphalt company truck f) Claimant: Stephen Allan Diamond, Claim Number: 19-139484 Date of Loss: 8/22/2018, Date Filed: 12/31/2018, Revised Claim: 1/28/2019 Allegation: Broken ankle due to hole in walkway g) Claimant: Brandi Duroncelay, Claim Number: 19-141000 Date of Loss: 2007, Date Filed: 3/18/2019 Allegation: Neglect; Loss occurred at a Domestic Violence Shelter h) Claimant: Jeannette Eckford, Claim Number: 19-141035 Date of Loss: 3/12/2019, Date Filed: 3/20/2019 Allegation: Gate knocked down during HBPD pursuit of a suspect i) Claimant: Rosie Johnson, Claim Number: 16-127310 Date of Loss: 8/15/2016, Date Filed: 8/16/2016, Date of Amended Claim: 2/14/2017 Allegation: Property damage and bodily injury from car accident involving city vehicle City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 j) Claimant: Valerie Rhodes, Claim Number: 19-140423 Date of Loss: 9/1/2018, Date Filed: 2/25/2019 Allegation: Fractured foot and ankle due to trip/fall in park ADJOURNMENT OF CLOSED SESSION City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 7:00 P.M. - REGULAR AGENDA CALL TO ORDER I call to order the June 11th Regular 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 report? ANNOUNCEMENTS Do any of my colleagues have announcements? Thursday, June 13th: Join me this Thursday for our annual State of the City Address which will be held in the Council Chambers. Social hour begins at 5:30pm and the program will begin at 6:30pm. Sat, Jun 15th and Sun, Jun 16th from 9am-1pm: The Best Day Foundation Beach Day for Children with special needs will take place South of the Pier. Activities include tandem surfing/body boarding/stand up paddle boarding, sandcastle building, and an obstacle course. A hot lunch is provided and volunteers are always welcome. No surfing experience required. Sign up at www.bestdayfoundation.org Sunday, June 23rd: The annual Hermosa Beach Triathlon will take place beginning at Pier Plaza. The Triathlon consists of a ¼-mile swim, 10-mile bike ride and 3-mile run through Hermosa Beach. For more information, go to www.hermosabeachtri.com APPROVAL OF AGENDA PROCLAMATIONS / PRESENTATIONS a) 19-0384 RECOGNIZING MIRA COSTA HIGH SCHOOL GREEN TEAM FOR BEING SELECTED AS A FINALIST IN GRADES OF GREEN’S GLOBAL WASTE REDUCTION COMPETITION • City Clerk reads title City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 • Mayor speaks about Mira Costa Green Team achievement: Mira Costa High School Green Team was recently selected as a finalist in Grades of Green’s Waste Campaign. 80 competing student groups across 77 cities and 13 countries spent the past 4 months researching and educating their school about waste issues, reducing as much waste as possible, and engaging with their communities to innovate solutions-- and their efforts made a huge impact on creating a healthier world! Waste Campaign teams of students collectively reduced over 229,000 pounds of waste and presented their solutions to over 12,000 community members to inspire waste reduction action. Mira Costa students hosted three beach cleanup events at the Hermosa Beach Pier to educate the community about the harms of plastic waste in our oceans and to pick up some of the litter that finds its way to our beaches. Now we would like to play their inspiring waste campaign video. • Play waste campaign video (3 minutes) • Invite Samantha Torres and Teagan Owen from the Mira Costa Green Team to podium • Mayor presents certificate of recognition to Sam and Teagan • Photo opportunity with City Council b) 19-0385 PROCLAMATION DECLARING JUNE TO BE GUN VIOLENCE AWARENESS MONTH • City Clerk reads title • Invite Moms Demand Action representatives to come to podium • Mayor reads and presents Proclamation • Photo opportunity c) 19-0386 RECOGNIZING HERMOSA BEACH GREEN BUSINESSES • City Clerk reads title • Invite Kristy Morris and Green Businesses up o Gum Tree o Curious o Pilates Place o Earth Elements o Source • Kristy will help pass out plaques • Photo opportunity City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 d) 19-0387 SOUTH BAY BICYCLE DIVERSION PROGRAM • City Clerk reads title • Invite Jim Hannon from the South Bay Bicycle Coalition to podium MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 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: If you wish to provide public comment, please fill out a speaker card to ensure names of speakers are correctly recorded in the minutes and where appropriate, to provide contact information for staff follow-up. 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. a) REPORT WRITTEN COMMUNICATION 19-0383 Recommendation:Staff recommends that the City Council receive and file the written communication. Attachments: 1. Email and Attachments from Anthony Higgins regarding Public Records Request.pdf 2. Email from Dean Francois regarding bike sharrows on Pier Ave at double 4-way stop.pdf 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 City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 under Agenda Item 4, with public comment permitted at that time. a) REPORT CITY COUNCIL MEETING MINUTES 19-0369 (Interim Deputy City Clerk Carol Cowley) Recommendation:Staff recommends that the City Council approve the following minutes: 1. Adjourned Regular Meeting of May 22, 2019 2. Regular Meeting of May 28, 2019 3. Special Meeting of May 31, 2019 Attachments: 1. 05-22-2019 Adj Reg Min 2. 05-28-2019 CC Reg Min 3. 05-31-19 CC Spc Min b) REPORT CHECK REGISTERS 19-0359 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. Attachments: 1. 05-16-19a 2. 05-16-19b 3. 05-22-19 4. 05-23-19 c) REPORT ADOPTION OF THE 2019-20 APPROPRIATIONS LIMIT 19-0305 (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council adopt Resolution 19-xxxx setting $41,849,570 as the Fiscal Year 2019-20 Appropriations Limit. Attachments: 1. Reso 19-xxxx, Appropriations Limit 2018-19 GANN Limit 2. 2019-20 Calculation of Appropriations Limit d) REPORT HERMOSA BEACH LANDSCAPING AND STREET LIGHTING 19-0366 DISTRICT 2019-2020 ADOPTION OF RESOLUTIONS REGARDING THE ENGINEER'S REPORT AND SETTING JULY 9, 2019 FOR A PUBLIC HEARING (Acting Public Works Director Lucho Rodriguez) Recommendation:Staff recommends that the City Council: 1. Adopt the attached Resolution approving the Engineer's Report for Hermosa Beach Landscaping & Street Lighting District 2019-2020 ("District") made pursuant to the requirements of Resolution No. 19-7177; and 2. Adopt the attached Resolution declaring the City Council's intention to order certain improvements and to levy and collect assessments within the District for the fiscal year beginning July 1, 2019 through June 30, 2020; and setting July 9, 2019 to accept public input on the matter of the proposed assessment. Attachments: 1. Resolution approving the District, with Engineer's Report attached 2. Resolution appointing a time and place for the public hearing City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 e) REPORT RECOMMENDATION TO REJECT CLAIM 19-0389 (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: Gandhi, Aanchal Date of Loss: April 19, 2019 Date Filed: May 2, 2019 Allegation: Property damage to claimant's exterior wall, landscaping light fixtures, and landscaping caused by City staff. Attachments: Gandhi, Aanchal DOL 4-19-2019 f) REPORT SUBJECT: FINAL MAP NO. 74917 (C.U.P. CON NO. 17-3, PDP NO. 17-2) 19-0358 LOCATION: 1100 LOMA DRIVE APPLICANT/PROPERTY OWNER: WHITE SAND COASTAL DEVELOPMENT REQUEST: APPROVE FINAL PARCEL MAP 74917 FOR A THREE-UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Adopt the attached resolution approving Final Parcel Map No. 74917, which is consistent with the approved Vesting Tentative Parcel Map; and 2. Request the City Clerk to endorse the certificate for said map. Attachments: 1. Proposed Resolution 2. Final Map No. 74917 g) REPORT SUBJECT: FINAL MAP NO. 77101 (C.U.P. CON NO. 18-1, PDP NO. 18-1) 19-0347 LOCATION: 913 5TH STREET APPLICANT(S): 913 5TH STREET, LLC., C/O DAN LEMIEUX REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A TWO-UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council: 1. Approve Final Parcel Map No. 77101, which is consistent with the approved Vesting Tentative Parcel Map; and 2. Request the City Clerk to endorse the certificate for said map. Attachments: 1. Proposed Resolution 2. Final Map No. 77101 h) REPORT RESOLUTION ADOPTING REGULATIONS FOR 19-0367 CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019 (City Clerk Elaine Doerfling) Recommendation:The City Clerk recommends that the City Council adopt the attached resolution, which, consistent with past policy, establishes a 200-word limit and requires candidates to pay all associated costs with regard to candidate statements for the November 5, 2019 General Municipal Election. Attachments: #19-xxxx - Candidate Regulations 3. CONSENT ORDINANCES a) REPORT ORDINANCE NO. 19-1393 19-0360 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 2.38 OF TITLE 2 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING THE EMERGENGY PREPAREDNESS ADVISORY COMMISSION (City Clerk Elaine Doerfling) Recommendation:The City Clerk recommends that the City Council adopt by title only, Ordinance No. 19-1393, Repealing Chapter 2.38 of Title 2 of the Hermosa Beach Municipal Code regarding the Emergency Preparedness Advisory Commission. Attachments: Ord 19-1393 Repealing EPAC 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 ADOPTION OF FISCAL YEAR 2019-20 BUDGET, INCLUDING 19-0357 THE AWARD OF CONTRACT FOR ONGOING TECHNOLOGY SUPPORT TO PROSUM, INC. AND CONSIDERATION OF AN INCREASE TO THE TRANSIENT OCCUPANCY TAX RATE (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council: 1. Hear public testimony regarding the 2019-20 Budget; 2. Review the answers to Questions and Requests from the May 22, 2019 Budget Workshop (Attachments 1 through 3); 3. Approve the revisions to the Preliminary Budget as shown on page 3; 4. Approve contracts for services contained in the table herein; 5. Approve a contract with the firm of Prosum, Inc. for the ongoing technology support of the City's computer and networking technology systems for a one-year term commencing July 1, 2019 through June 30, 2020 and continuing on a month to month basis unless another agreement is put in place; 6. Consider directing staff to return with the documents necessary to place a measure on the ballot for the November 2019 election to ask voters if the Transient Occupancy Tax rate shall be increased from 12% to 14%; and 7. Adopt Resolution 19-xxxx, approving the 2019-20 Budget as presented in Exhibit A City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 (attached to the resolution). Attachments: 1. Salary Ranges and Total Cost of Position Requests 2. Organizational Improvements - Summary 3. Revenue Study Session Draft List of Items 4. Salary Survey with Averages.pdf 5. Reso No. 19-xxxx - Budget Adoption with Exhibit A 6. On-Going Technology Support PSA with Proposal 7. 2019 TOT Rate Survey 6. MUNICIPAL MATTERS a) REPORT APPROVAL OF A FIRST AMENDMENT TO THE 19-0377 ROTARY CLUB FARMERS’ MARKET AGREEMENT INCLUDING TERM EXTENSION AND LANGUAGE UPDATES REGARDING MARKET VENDORS (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council approve the first amendment to the Rotary Club Farmers' Market agreement, including the following changes: 1. Term extension to June 24, 2022; and 2. Updated vendor language to include clear guidelines on the composition of permitted vendors. Attachments: 1. Rotary Club Friday Farmers' Market Agreement 2. Extension Letter 3. First Amendment to the Rotary Club Farmers' Market Agreement b) REPORT APPROVAL OF THE FOURTH AMENDMENT TO THE ROTARY 19-0370 CLUB LEASE AGREEMENT FOR USE OF THE ROTARY FACILITY (2521 VALLEY DRIVE) INCLUDING A THREE-MONTH EXTENSION; AND CREATION OF A CITY COUNCIL MUNICIPAL LEASE SUBCOMMITTEE TO BEGIN NEGOTIATING WITH THE ROTARY CLUB FOR FUTURE LEASE AGREEMENTS (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council approve the fourth amendment to the Rotary Club lease agreement including a three-month extension, to expire October 31, 2019. Attachments: 1. Rotary Club Lease Agreement 2. First Amendment to the Rotary Club Lease Agreement 3. Second Amendment to the Rotary Club Lease Agreement 4. Third Amendment to the Rotary Club Lease Agreement 5. Fourth Amendment to the Rotary Club Lease Agreement (draft) c) REPORT REVIEW OF ORGANIC WASTE RECYCLING PROGRAM 19-0382 OPTIONS FOR THE CITY OF HERMOSA BEACH City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 (Environmental Analyst Kristy Morris) Recommendation:Staff recommends that the City Council: 1. Review organic waste recycling program options for the City of Hermosa Beach commercial and residential accounts; and 2. Request staff to return with a resolution approving an organic waste recycling program to comply with State mandates and authorizing the collection of additional fees related to commercial and recycling organic waste recycling services. Attachments: 1. Athens Services Franchise Agreement 2. Monthly Commercial Organic Recycling Unit Costs 3. HF&H Hermosa Beach Organic Rates Analysis Memo 4. FY 2018-19 Refuse Rate Survey_South Bay Cities 5. FY 2018-19 Refuse Rate Survey_Orange County Cities 6. HBCSD Food Waste Audit d) REPORT NORTH SCHOOL PROJECT NEIGHBORHOOD TRAFFIC 19-0376 MANAGEMENT PLAN AWARD OF CONTRACT (Environmental Analyst Leeanne Singleton) Recommendation:Staff recommends that the City Council: 1. Authorize staff to jointly award with the Hermosa Beach City School District Board, a contract for the development of the Neighborhood Traffic Management Plan (NTMP) for North School to Fehr & Peers in an amount not to exceed $124,200. 2. Transfer $12,100 from the City's 2018-19 Prospective Expenditures into the City Manager's contract services account. Attachments: 1. North School Neigborhood Traffic Management Plan RFP.pdf 2. Neighborhood Traffic Management Plan Evaluation Criteria.pdf 3. Fehr and Peers Originally Submitted Proposal.pdf 4. Fehr and Peers Revised Scope of Work and Budget.pdf e) REPORT LOCAL COASTAL PROGRAM UPDATE AND NEW/AMENDED 19-0365 CONTRACTS TO FULFILL GRANT DELIVERABLES (Environmental Analyst Leeanne Singleton) Recommendation:Staff recommends that the City Council receive an update on the City's Local Coastal Program (LCP) Grant and authorize the Mayor to sign the following amendments and contracts to support the deliverables of the LCP grant: * An amendment to the contract with IBI group to extend the contract through December 31, 2019; * A new contract with Climate Access in the amount of $30,000 to prepare sea level rise visualizations and conduct community engagement; and * A new contract with Wood Environment & Infrastructure Solutions (previously AMEC Foster Wheeler) in the amount of $46,990 to provide staff augmentation support on LCP preparation, coordination with Coastal Commission staff, and preparation of affordable accommodations technical memorandum. Attachments: 1. City of Hermosa Beach Signed Grant Agreement with California Coastal Commission City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 2. Proposed Contract Amendment with IBI Group 3. Professional Services Agreement - Climate Access.pdf 4. Proposed Contract with Wood Environment and Infrastructure Solutions .pdf f) REPORT HERMOSA AVENUE LANDSCAPING AND IRRIGATION, 19-0373 AND VALLEY PARK RESTROOM RENOVATIONS (Acting Public Works Director Lucho Rodriguez and Environmental Analyst Kristy Morris) Recommendation:Staff recommends that the City Council: 1. Approve the appropriation of $30,000 in the Capital Improvement Fund to update the landscaping on Hermosa Avenue Medians; and 2. Approve the appropriation of $35,000 in the Capital Improvement Fund for the renovations of the restrooms at Valley Park. g) REPORT CALLING, REQUESTING CONSOLIDATION, AND CERTAIN 19-0368 OTHER RESOLUTIONS NECESSARY FOR HOLDING THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2019 (City Clerk Elaine Doerfling) Recommendation:The City Clerk recommends that the City Council adopt the five resolutions pertaining to the November 5, 2019 General Municipal Election to: 1. Call and give notice of the election for certain officers and one measure; 2. Request consolidation with the County of Los Angeles; 3. Provide for a special runoff election for elective officers in the event of a tie vote; 4. Set priorities for the filing of direct arguments and direct the City Attorney to prepare an impartial analysis of the measure; and 5. Provide for the filing of rebuttal arguments for the measure. Attachments: 1. Election Calendar 2. #19-xxxx - Call Election (officers & measures) 3. #19-xxxx - County Consolidation 4. #19-xxxx - Tie Vote 5. #19-xxxx - Analysis & Arguments 6. #19-xxxx - Rebuttals 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) REPORT EVALUATION OF THE CITY’S CALIFORNIA CONTRACT 19-0388 CITIES ASSOCIATION MEMBERSHIP AND CONSIDERATION OF MEMBERSHIP WITH INDEPENDENT CITIES ASSOCIATON (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council: 1. Evaluate and provide direction on the City's membership with California Contract Cities Association (CCCA); and 2. Consider and provide direction on membership with Independent Cities Association (ICA) for FY 2019-20. City Council Regular Meeting Agenda June 11, 2019 Page 2 City of Hermosa Beach Printed on 6/10/2019 Attachments: 1. Link to 05-28-19 City Council meeting discussion (item 8) 2. Link to 09-13-16 City Council Meeting discussion (item 7b) b) REPORT ESTABLISHMENT OF A CITY COUNCIL SUBCOMMITTEE 19-0378 FOCUSED ON THE FIRE STATION REMODEL (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council provide direction regarding the establishment of a City Council subcommittee focused on the fire station remodel project. Attachments: 1. Los Angeles County Fire Department Agreement for Service Schedule4 2018 2. Link to May 8, 2018 City Council Meeting 3. Link to September 25, 2018 City Council Meeting 4. Link to Febraury 27, 2019 Update on Fire Station Construction Information Item c) 19-0379 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) 19-0380 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 The June 25th City Council meeting has been cancelled. The next Regular City Council meeting will be Tuesday, July 9th 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 19-0377 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 APPROVAL OF A FIRST AMENDMENT TO THE ROTARY CLUB FARMERS’ MARKET AGREEMENT INCLUDING TERM EXTENSION AND LANGUAGE UPDATES REGARDING MARKET VENDORS (Community Resources Manager Kelly Orta) Recommended Action: Staff recommends that the City Council approve the first amendment to the Rotary Club Farmers’ Market agreement, including the following changes: 1.Term extension to June 24, 2022; and 2.Updated vendor language to include clear guidelines on the composition of permitted vendors. Executive Summary: At its regular meeting on March 8,2016,City Council approved an agreement with the Rotary Club to produce the weekly Farmers’Market on the corner of 11th Street and Valley Drive for three years, ending February 21,2019.In an effort to align the vendor language with the adopted language imposed on the Chamber of Commerce for its weekly Farmers’Market held Wednesdays on Pier Plaza,staff administratively extended the Rotary agreement by four-months,expiring June 30,2019. Staff,along with Rotary Club representatives,desire extending the agreement in addition to the inclusion of clarifying language to the vendor composition section of the agreement. Background: In 1990,the Chamber of Commerce began managing a farmers’market held weekly on Friday afternoons.This market,currently located at the corner of 11th Street and Valley Drive,has been held at this location since 2003 following several years of site changes for various reasons.In 2014,the Chamber of Commerce desired to relocate this market to Pier Plaza in an effort to bring more daytime visitors to the downtown area.Due to community concern and strong opposition to changing this longstanding market’s location,the Chamber of Commerce elected to dedicate its resources into the management of a second market held on Wednesday afternoons on Pier Plaza,leaving the Friday market without a team to manage it.The Rotary Club quickly stepped in to fill this void in 2015 and has done so, successfully, ever since. City of Hermosa Beach Printed on 6/7/2019Page 1 of 4 powered by Legistar™ Staff Report REPORT 19-0377 At its regular meeting on March 8,2016,the City Council approved an agreement with the Rotary Club for its management of the Friday Farmers’Market for a three-year term,expiring February 21, 2019 (Attachment 1).In an effort to align the vendor language with the adopted language in the Chamber of Commerce’s Farmers’Market agreement,staff administratively extended the Rotary agreement by four months, expiring June 30, 2019 (Attachment 2). Discussion: The Friday Farmers’Market takes place in the City-owned parking lot and small grass area on the corner of 11th Street and Valley Drive adjacent to Clark Field.As a result of its location along a busy pedestrian street during after-school hours,the market is heavily attended by school-aged children as well as the community in the surrounding area. Staff has not received any reportable concerns regarding this market,however,for consistency,staff applied the same standards of review that were applied to the Chamber of Commerce’s agreement for its market on Pier Plaza.As a result,staff recommends several changes to the agreement, reflective in the first amendment (Attachment 3). These changes include: Term Extension The term of the agreement would be extended for an additional three-years, expiring June 24, 2022. Vendor Language Currently, the vendor requirements in the City’s agreement state: “The EVENT shall consist of vendor booths selling fruits,vegetables and handmade goods produced by area farms.” Unfortunately,the current language does not provide enough flexibility to the Rotary Club to continue to build upon the success of the market in a competitive arena where there are several markets in the immediate region,including the one managed by the Chamber of Commerce on Wednesdays. Further,successful markets include handmade or commercial goods to provide a variety of options and experiences for market visitors-not all of which are restricted to production at area farms. Therefore,to provide a controlled level of flexibility while also appropriately aligning the vendor requirements with those imposed on the Chamber of Commerce,staff recommends the following language to replace the final sentence in Section I: The EVENT shall consist of vendor booths with a market composition of: a.Sixty percent (60%)of vendors that are farmers as well as purveyors of prepackaged food.The market shall maintain a minimum of 6 farmers at all times with exceptions for inclement weather and natural disasters; and b.Forty percent (40%)of vendors shall provide hot food and meals or beCity of Hermosa Beach Printed on 6/7/2019Page 2 of 4 powered by Legistar™ Staff Report REPORT 19-0377 b.Forty percent (40%)of vendors shall provide hot food and meals or be artisans selling home-crafted wares. Farmers shall be considered California producers of fresh fruit,nuts,vegetables, flowers,honey,eggs,nursery stock,plants and livestock products including fish and shellfish produced under controlled conditions in waters or ponds located in California. In cases where the market composition is not achievable due to inclement weather or natural disasters,the Event Producer shall make a good faith effort to adhere to them as much as possible. Should the vendor composition of the market be out of compliance and,in those cases, not associated with inclement weather or a natural disaster,the Event Producer will have 30-days to rectify to the satisfaction of the City.Failure to do so will result in termination of this Agreement. These added guidelines are consistent with the number and type of vendors currently at the market on a regular basis.Further,this language provides the needed flexibility to successfully manage the market throughout the seasonal fluctuations of fresh products and farmers and availability of other vendors. Lastly,the additional language clearly defining what “farmers”includes is advantageous as it sets clear expectations while ensuring that farm fresh products can include a variety of offerings that may appeal to larger audiences. 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. ·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. Governance Goal 6. A broad-based and long-term economic development strategy for Hermosa Beach that supports existing businesses while attracting new business and tourism. ·6.6 - Pop-up Shops. Develop plans and programs for underutilized spaces, such as vacant buildings, utility corridors, parkways, etc., for temporary retail, restaurant, and community- promoting uses. Parks & Open Space Goal 3. Community Parks and facilities encourage social activity and City of Hermosa Beach Printed on 6/7/2019Page 3 of 4 powered by Legistar™ Staff Report REPORT 19-0377 interaction. ·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. ·3.5 - Health and physical activity. Increase the availability of space and variety of activities that promote community health and physical activity such as community gardens, fitness stations/equipment, and fields/courts. Fiscal Impact: The Rotary Club is required to have an annual business license with the City and is responsible for all costs related to City services or personnel required for the Event. Attachments: 1. Rotary Club Farmers’ Market Agreement 2. Extension Letter 3. First Amendment to the Rotary Club Farmers’ Market Agreement (draft) Respectfully Submitted by: Kelly Orta, Community Resources Manager Noted for Fiscal Impact: Charlotte Newkirk, Accounting Manager Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 4 of 4 powered by Legistar™ Chamber of Commerce – Farmers Market - page 1 of 3 FIRST AMENDMENT TO ROTARY CLUB FARMERS’ MARKET AGREEMENT This First Amendment to Farmers’ Market Agreement (“First Amendment”) is entered into by and between the City of Hermosa Beach, a municipal corporation (“City”) and the Rotary Club of Hermosa Beach (“Event Producer”) as of the ______ day of June, 2019. RECITALS A. City and Event Producer are parties to that Farmers’ Market Agreement dated May 3, 2016 (the “Agreement”). B. The City Manager has authorized one extension to the term of the initial agreement to allow the market to continue under the same terms for a four-month extension, expiring June 28, 2019. C. City and Lessee now desire to further amend the Farmers’ Market Agreement in order to extend the term of the lease by three-years to June 24, 2022. NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended as follows: 1. Section I of the Agreement entitled “The Event” is amended to read as follows: During the term of this Agreement, CITY authorizes EVENT PRODUCER to coordinate production of the Event on the corner of 11th Street and Valley Drive described in Exhibit A and incorporated herein by reference (“the license area”). The EVENT shall consist of vendor booths with a market composition of: a. Sixty percent (60%) of vendors that are farmers as well as purveyors of prepackaged food. The market shall maintain a minimum of 6 farmers at all times with exceptions for inclement weather and natural disasters; and b. Forty percent (40%) of vendors shall provide hot food and meals or be artisans selling home-crafted wares. Farmers shall be considered California producers of fresh fruit, nuts, vegetables, flowers, honey, eggs, nursery stock, plants and livestock products including fish and shellfish produced under controlled conditions in waters or ponds located in California. In cases where the market composition is not achievable due to inclement weather or natural disasters, the Event Producer shall make a good faith effort to adhere to them as much as possible. Chamber of Commerce – Farmers Market - page 2 of 3 Should the vendor composition of the market be out of compliance and, in those cases, not associated with inclement weather or a natural disaster, the Event Producer will have 30-days to rectify to the satisfaction of the City. Failure to do so will result in termination of this Agreement. 2. Section II of the Agreement entitled “Term of Agreement” is amended to read as follows: The Agreement shall take effect upon execution of this Agreement. The EVENT may be produced each Friday from July 5, 2019 through June 24, 2022. Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect. ROTARY CLUB OF HERMOSA BEACH PRESIDENT CITY OF HERMOSA BEACH By CITY MANAGER ATTEST: CITY CLERK City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0370 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 APPROVAL OF THE FOURTH AMENDMENT TO THE ROTARY CLUB LEASE AGREEMENT FOR USE OF THE ROTARY FACILITY (2521 VALLEY DRIVE) INCLUDING A THREE-MONTH EXTENSION; AND CREATION OF A CITY COUNCIL MUNICIPAL LEASE SUBCOMMITTEE TO BEGIN NEGOTIATING WITH THE ROTARY CLUB FOR FUTURE LEASE AGREEMENTS (Community Resources Manager Kelly Orta) Recommended Action: Staff recommends that the City Council approve the fourth amendment to the Rotary Club lease agreement including a three-month extension, to expire October 31, 2019. Executive Summary: In the early 1950’s,the Rotary Club of Hermosa Beach,a local non-profit organization,constructed the current Rotary facility at 2521 Valley Drive at its own expense.The Rotary Club has since managed and maintained the facility,primarily focused on providing a location for various youth organizations to meet on a regular basis.Staff requests a three-month extension to the current lease agreement,to expire October 31,2019,to allow additional time necessary to align a future,longer- term agreement with the Municipal Lease Policy,which is scheduled for presentation to the City Council at its regular meeting on July 23, 2019. Background: In the early 1950’s,the Rotary Club of Hermosa Beach,a local non-profit organization,constructed the current Rotary facility at 2521 Valley Drive at its own expense.The Rotary Club has since managed and maintained the facility,primarily focused on providing a location for various youth organizations to meet.In September 2009,the City entered into the most recent formal lease agreement with the Rotary Club for its exclusive use of the facility for a three-year term,expiring July 28,2012 (Attachment 1).A first amendment to this agreement was approved by the City Council at its February 12,2013 meeting,which included an additional three-year term,expiring July 31,2015 ( Attachment 2).A second amendment was approved by the City Council at its July 28,2015 meeting, extending the agreement to a three-year term through July 31,2018 (Attachment 3).Most recently, a third amendment was approved by the City Council at its February,26,2019,which included a one- City of Hermosa Beach Printed on 6/7/2019Page 1 of 3 powered by Legistar™ Staff Report REPORT 19-0370 a third amendment was approved by the City Council at its February,26,2019,which included a one- year term extension, retroactive to July 31, 2018, to expire July 31, 2019 (Attachment 4). Discussion: The Rotary Club of Hermosa Beach independently manages and maintains the Rotary facility,which hosts private gatherings,meetings,and a variety of youth programming.All proceeds collected through private use of the facility are required to be utilized for building upkeep and maintenance,as described in paragraph 4 of the lease agreement (Attachment 1).Following its approval of the third amendment at the February 26,2019 regular meeting,staff met with Rotary Club representative, Steve Peterson,to begin discussing a longer-term lease agreement past the July 31,2019 expiration of the current lease agreement.As briefly mentioned by Peterson at the February 26 meeting,the Rotary facility is in need of a full roof replacement,which is estimated at approximately $17,000.The Rotary Club recently allocated additional funds to provide some relief to the aging roof through a series of patches in multiple locations,but those are not intended to be long-term repairs and a full roof replacement is needed.The Rotary Club has the funding to complete this capital improvement, however,it is hesitant to do so without a longer-term lease commitment from the City.Although staff has met with Peterson to negotiate a longer-term lease past the current agreement expiration of July 31,2019,it is difficult to do so without having the benefit of aligning it with the Municipal Lease Policy, which is in its final stage of development. Municipal Lease Policy Since 2016,the Parks,Recreation and Community Resources Advisory Commission (Commission) has been working on the creation of guidelines to inform a comprehensive municipal lease policy to formalize the use of City facilities by various organizations.The Commission created a Municipal Lease Policy Subcommittee (Commissioners Rosenfeld and Pizer-Mains)specifically tasked with furthering the Commission’s efforts in creating parameters for a lease policy that were presented to the City Council at its regular meeting on February 26,2019.The City Council provided staff with its input on the Subcommittee’s recommended guidelines as well as additional items to be included in the final lease policy,which will be presented to the Commission for its input at its regular meeting on July 2,2019.Staff anticipates presentation of the Municipal Lease Policy to the City Council for formal adoption at its regular meeting on July 23,2019.The recommended three-month extension of the lease agreement (Attachment 5)will allow negotiations of a future agreement with the Rotary Club to align with the newly adopted Municipal Lease Policy. 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: Parks and Open Space Goal 3.Community parks and facilities encourage social activity and interaction. ·3.4 -Balance space needs.Balance the space needs and demand on public resources of City of Hermosa Beach Printed on 6/7/2019Page 2 of 3 powered by Legistar™ Staff Report REPORT 19-0370 ·3.4 -Balance space needs.Balance the space needs and demand on public resources of formal and informal events. ·3.6 -Availability of City facilities.Consider the demand and availability of City facilities for general community use in the long-term lease and/or rental of City facilities. Fiscal Impact: Per paragraph 4 of the lease agreement,the Rotary Club of Hermosa Beach would be charged $0.25 for the three-month extension as its current lease amount is $1.00 per year. Attachments: 1.Rotary Club Lease Agreement 2.First Amendment to the Rotary Club Lease Agreement 3.Second Amendment to the Rotary Club Lease Agreement 4.Third Amendment to the Rotary Club Lease Agreement 5.Fourth Amendment to the Rotary Club Lease Agreement Respectfully Submitted by: Kelly Orta, Community Resources Manager Noted for Fiscal Impact: Charlotte Newkirk, Accounting Manager Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 3 of 3 powered by Legistar™ Third Amendment to Lease Agreement – Rotary Club Page 1 FOURTH AMENDMENT TO LEASE AGREEMENT This Fourth Amendment to Lease Agreement (“Fourth Amendment”) is entered into on this ______ day of June, 2019, by and between the City of Hermosa Beach, a municipal corporation (“City”) and the Hermosa Beach Rotary Club, a nonprofit service organization (“Lessee”). RECITALS A. City and lessee are parties to that Lease Agreement dated July 29, 2009 (the “Lease Agreement”) by which City leases certain real property located at 2521 Valley Drive to Lessee. B. City and Lessee agreed to an extension of the Lease (“First Amendment”) dated February 14, 2013, which extended the term of the Lease by three years, expiring on July 31, 2015. C. City and Lessee agreed to an extension of the Lease (“Second Amendment”) dated July 28, 2015, which extended the term of the Lease by three years, expiring on July 31, 2018. D. City and Lessee agreed to an additional extension of the Lease (“Third Amendment”) dated April 24, 2018, which extended the term of the Lease by one year, expiring on July 31, 2019. E. City and Lessee now desire to further amend the Lease Agreement in order to extend the term of the lease by three months to October 31, 2019. NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended as follows: 1. Section 2. Term: is hereby amended to read as follows: “The term of this Lease shall be for a period of three (3) months from July 31, 2019 to October 31, 2019, unless extended or sooner terminated by either party as provided in Section 17 herein. Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect. [signatures on following page] Third Amendment to Lease Agreement – Rotary Club Page 2 CITY OF HERMOSA BEACH STACEY ARMATO, MAYOR LESSEE ______________________________ HERMOSA BEACH ROTARY CLUB ATTEST: __________________________________ CITY CLERK APPROVED AS TO FORM: __________________________________ MICHAEL JENKINS, CITY ATTORNEY City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0382 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 REVIEW OF ORGANIC WASTE RECYCLING PROGRAM OPTIONS FOR THE CITY OF HERMOSA BEACH (Environmental Analyst Kristy Morris) Recommended Action: Staff recommends that the City Council: 1.Review organic waste recycling program options for the City of Hermosa Beach commercial and residential accounts; and 2.Request staff to return with a resolution approving an organic waste recycling program to comply with State mandates and authorizing the collection of additional fees related to commercial and recycling organic waste recycling services. Executive Summary: In October 2014,Governor Brown signed AB 1826 Chesbro (Chapter 727,Statutes of 2014),which requires local jurisdictions across the State to implement an organic waste recycling program to divert organic waste generated by businesses,including multifamily residential dwellings that consist of five or more units.In September 2016,Governor Brown signed into law SB 1383 (Lara,Chapter 395,Statutes of 2016)that establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. Staff recommends City Council review options for expanding the City’s franchise agreement with Arakelian Enterprises,Inc.,DBA Athens Services,Incorporated (Athens Services)to provide an organic waste recycling program for Hermosa Beach businesses and residents. Background: In October 2014,Governor Brown signed AB 1826 Chesbro (Chapter 727,Statutes of 2014), requiring that on and after January 1,2016,local jurisdictions across the State implement an organic waste recycling program to divert organic waste generated by businesses and multifamily residential dwellings that consist of five or more units.This builds upon the requirements of AB 341,which mandated commercial waste recycling,and established a goal to source reduce,recycle or compost 75 percent of waste by 2020. Organic waste includes food waste,green waste,landscape and pruning waste,nonhazardous wood City of Hermosa Beach Printed on 6/7/2019Page 1 of 10 powered by Legistar™ Staff Report REPORT 19-0382 Organic waste includes food waste,green waste,landscape and pruning waste,nonhazardous wood waste,and food-soiled paper waste that is mixed in with food waste.Organics comprise more than 30 percent of California’s waste stream and could be used for compost or mulch1,and anaerobically digested to produce renewable energy and fuel.Greenhouse gas (GHG)emissions resulting from the decomposition of organic wastes in land-fills have been identified as a significant source of emissions contributing to global climate change.Reducing the amount of organic materials sent to landfills and increasing the production of compost and mulch are part of the AB 32 (California Global Warming Solutions Act of 2006) Scoping Plan. AB 1826 sets a goal to reduce organics disposal by 50 percent by 2020 and phases in the mandatory recycling of commercial Organics in accordance with Table 1*.The minimum threshold of organic waste generation by businesses decreases over time and more businesses will be required to comply as the threshold is lowered.Since April 1,2016,an increasingly greater proportion of Hermosa Beach businesses are required to comply with AB 1826 and 145 businesses currently meet the January 1, 2019 threshold of four (4) or more cubic yards of solid waste per week. Table 1. Implementation Dates and Thresholds *AB1826 applies to m ultifamily residential dwellings that consist of five or more units , however, multifamily dwellings are not required to have a food waste diversion program. Implementation Date Threshold to Arrange for Organic Waste R ecycling Services April 1, 2016 January 1, 2017 January 1, 2019 January 1, 2020 Businesses that generate 8 or more cubic yards of organic waste per week Businesses that generate 4 or more cubic yards of organic waste per week Businesses that generate 4 or more cubic yards of solid waste per week Businesses that generate 2 cubic yards of commercial solid waste per week (the 2 cubic yard requirement only takes effect if CalRecycle determines that statewide disposal of organic waste in 2020 has not been reduced by 50% of 2014 levels) Generally,AB1826 provides flexibility and allows businesses to recycle organic waste in one or any combination of the methods and depends on the specific franchise agreement.Compliance options include subscribing to a basic level of organic waste recycling service that includes collection and recycling of organic waste,recycling (composting)organic waste onsite or self-hauling for recycling, and selling or donating recyclable organic waste. _________________________ 1 CalRecycle, 2014, Waste Characterization Study. City of Hermosa Beach Printed on 6/7/2019Page 2 of 10 powered by Legistar™ Staff Report REPORT 19-0382 City Responsibility The City of Hermosa Beach is required by state law to implement an organic waste recycling program “that is appropriate for that jurisdiction and designed specifically to divert organic waste generated by businesses”that are required by AB 1826 to implement organic waste recycling. Beginning in 2017,the City is responsible for reporting on the progress of implementing an organic waste recycling program as part of its annual report to CalRecycle.Currently,the City’s AB 1826 implementation activities have focused on education and outreach to businesses notifying them of new laws and requirements,instructional brochures,newsletters as bill inserts,and personal visits to businesses for instructional training on how to identity organics and how to separate organics from trash or other non-recyclable solid waste. Furthermore,in September 2016,Governor Brown signed into law SB 1383 (Lara,Chapter 395, Statutes of 2016),a short-lived pollutant reduction bill,which requires the State to reduce organic waste at landfills by 50%by 2020 and 75%by 2025.SB 1383 has set aggressive goals for the State with the ultimate responsibility falling on the local jurisdictions.Cal Recycle,the State agency responsible for the implementation of SB 1383,has recently initiated the formal rule making process with the goal of adopting the regulations by the end of 2019.Elements of the regulations that jurisdictions will be responsible for include,collection and processing compliance,edible food recovery,procurement requirements,ordinances and policy adoption,enforcement and penalties, education and outreach,record keeping and reporting,and capacity planning.SB 1383 ultimately places the responsibility on jurisdictions. Staff recommends that the City Council consider options to provide an organic waste recycling program,commonly known as composting,for businesses and residents in Hermosa Beach.These include adopting organics rates for commercial accounts required to comply with AB 1826 and considering options for implementing a residential organic waste recycling program,requesting staff to return with a resolution approving the program to comply with State mandates,and authorizing the collection of additional fees related to commercial and residential organic waste recycling services. Analysis: To meet the State mandates described above,staff recommends adopting a program through the City’s franchise agreement with Athens Services,for exclusive residential and commercial solid waste collection and recycling services.The existing solid waste agreement became effective on July 1,2013,expiring on June 30,2021,and grants Athens Services the exclusive right to collect solid waste from residential and commercial customers in the City that includes food waste and paper waste,both of which are now considered to be organic waste under AB 1826 (Attachment 1).The franchise agreement also grants Athens Services the exclusive rights to collect recyclable materials from commercial and industrial customers to the extent materials are added by the State.In addition, the franchise agreement requires Athens Services to comply with the requirements of the Integrated Waste Management Act, including diversion requirements. City of Hermosa Beach Printed on 6/7/2019Page 3 of 10 powered by Legistar™ Staff Report REPORT 19-0382 Commercial Organics Recycling Program Using the organics generator calculator provided by CalRecycle,Athens identified potential customers meeting the first two (2)AB 1826 tier requirements,including a total of eight (8)customers who fall under tier 1 (8-CY or more of organics waste/week)and 22 customers who fall under tier 2 (4 -CY or more of organics waste/week).Athens personnel visited these customers and provided them with a letter documenting each customer’s determined organics tier.Currently,145 businesses fall under tier 3 (4-CY or more of solid waste/week). On March 15,2016,Athens submitted to the City a cost proposal for a commercial organics recycling program (Attachment 2).The proposed program consists of Athens Services offering organic waste recycling services to businesses required to implement an organic waste recycle program under AB 1826,with the ability to charge businesses that utilize such services rates approved by the City Council.The subscriber-only proposal presented to the City on March 15,2016 offers commercial organics collection service using 96-gallon carts with collection frequencies up to six times per week that would be hauled to Athens’-owned American Organics facility in Victorville,California,for composting. The cost for a 96-gallon cart hauled once per week is $116.16. The City requested HF&H Consultants,a firm providing consulting services to local governments on recycling and solid waste services,and water,wastewater,and stormwater services,to review the supporting documentation provided by Athens to determine the reasonableness of the proposed commercial organics program costs.The results of the review are presented in a Memorandum dated October 13, 2017 (Attachment 3) and are summarized below. Finding 1:Athens commercial organics cost proposal is based on a source-separated standalone rate structure.Other rate structures and collection options,which have been adopted by some other cities,may provide alternative benefits that the City may wish to consider. Finding 2:The organics cost proposal submitted by Athens to the City is the same organics cost proposal submitted by Athens to all of the company’s regional exclusive commercial franchises.This approach ignores various characteristics specific to the City,which may have resulted in rates that do not reflect the true cost of providing a commercial organics program in the City. Finding 3:Athens proposed commercial organics rates that are relatively high to the commercial organics rates in many other cities for a similar volume of organics container space. Finding 4:Based on the City’s existing commercial cart rates for refuse service,and adjusting for organics material,the equivalent organics cart rate would be $77.76 per month for a 96-City of Hermosa Beach Printed on 6/7/2019Page 4 of 10 powered by Legistar™ Staff Report REPORT 19-0382 for organics material,the equivalent organics cart rate would be $77.76 per month for a 96- gallon cart picked up once per week versus the $116.16 per month proposed by Athens.The estimated 64-gallon rate would be $55.62 per month. Recently Athens Services notified the City that the March 15,2016 cost proposal utilizing 96-gallon carts is no longer supported by Athens Services due to the weight of the fully-loaded containers and the strain imposed on Athens Services collection vehicles.In May 2019,Athens Services presented the cost proposal for utilizing 64-gallon carts that is the same as March 1,2016 cost proposal utilizing 96-gallon carts stating that “the rate is the same regardless of size of the cart since the disposal portion is minimal between the two.” To encourage participation and reduce the cost of an organics recycling program,jurisdictions have increased rates across the board for all commercial,multi-family,and residential customers to provide a "free"organics service.Athens Services recently proposed similar across the board increases to all accounts to provide an organics recycling program for the following subscribers: I.A Commercial & Multifamily organics recycling program would include a 27.46% rate increase for all commercial and multifamily accounts; and II.A Commercial & Multifamily, and Residential organics recycling program would include an 18% rate increase for all commercial, multifamily, and residential accounts. Table 2 shows the monthly costs for implementing an organics recycling program for the subscriber only, commercial & multifamily accounts, and commercial & multifamily, and residential accounts. Table 2. Monthly Organics Recycling Rate Options for Commercial Accounts Program FY19-20 Rate 3 CY Bin FY19-20 Rate 64-Gallon FY19-20 Organics Rate 64-Gallon Monthly Organics Recycling Program Commercial Subscriber $124.02 (1) $116.16 $240.18 (3 CY-Bin+ Organics) All Commercial & Multifamily Accounts (27.46% Increase) $124.02(1) $41.86 (1) Commercial $158.08 (3 CY-Bin) $53.35 (64-Gallon) All Commercial & Multifamily, and Residential Accounts (18% Increase) $124.02(1) $41.86 (1) Commercial $12.08 Residential Commercial 3 CY: $146.34 Commercial 64 -Gal: $49.39 Residential 64 -Gal: $14.25 (1) Collected 1 x week City of Hermosa Beach Printed on 6/7/2019Page 5 of 10 powered by Legistar™ Staff Report REPORT 19-0382 Table 2. Monthly Organics Recycling Rate Options for Commercial Accounts Program FY19-20 Rate 3 CY Bin FY19-20 Rate 64-Gallon FY19-20 Organics Rate 64-Gallon Monthly Organics Recycling Program Commercial Subscriber $124.02 (1) $116.16 $240.18 (3 CY-Bin+ Organics) All Commercial & Multifamily Accounts (27.46% Increase) $124.02(1) $41.86 (1) Commercial $158.08 (3 CY-Bin) $53.35 (64-Gallon) All Commercial & Multifamily, and Residential Accounts (18% Increase) $124.02(1) $41.86 (1) Commercial $12.08 Residential Commercial 3 CY: $146.34 Commercial 64 -Gal: $49.39 Residential 64 -Gal: $14.25 (1) Collected 1 x week Comparison to Other Jurisdictions Neighboring cities,Redondo Beach (Athens Services)and Manhattan Beach (Waste Management), have both adopted commercial organic waste programs.As part of the original solid waste collection agreement with the City of Redondo Beach,effective July 1,2011,Athens was to identify all hotels, restaurants,and food establishments and create a separate route for the collection of organic waste. Per a mutual unwritten agreement with the city,commercial customers are offered separate organic waste carts at the standard commercial green waste cart rate of $3.00 for a 32-,64-,or 96-gallon cart picked up once per week and these represent some of the lowest rates in the County. This contract is set to expire on June 30,2019 and Redondo Beach City Council exercised the two- year extension until June 30,2021.The Redondo Beach Public Works Department has been in potential contract extension discussions with Athens Services since the summer of 2016 and Athens has proposed significant increases to commercial and residential rates since current expenditures exceeded their total revenues by 34% for the existing contract 2. _________________________ 2 <https://redondo.novusagenda.com/agendapublic/Coversheet.aspx?ItemID=2210&MeetingID=301> Similarly,the City of Manhattan Beach recently went through an RFP process and awarded the new City of Hermosa Beach Printed on 6/7/2019Page 6 of 10 powered by Legistar™ Staff Report REPORT 19-0382 Similarly,the City of Manhattan Beach recently went through an RFP process and awarded the new agreement to its current hauler,Waste Management.This process resulted in a rate increase for commercial and residential customers due to the increased demands of legislative mandates such as SB 1383,and the uncertainty of the recycling market due to China no longer purchasing most of the United States’ recycling commodities. A FY 2018-19 Refuse Rate Survey comparing the cost of commercial and residential rates across South Bay cities (Attachment 4).Many cities have increased rates across the board to subsidize or reduce the cost of an organics program,therefore the rates from city to city may not be comparable to a non-subsidized program.The Athens Services commercial subscriber rates are high compared to commercial rates for other South Bay cities.Similarly,HF&H Consultants provided comparisons of monthly organic carts rates for select Orange County cities (Attachment 5).The Athens Services commercial subscriber rates are also high compared to commercial rates for other cities,and the across the board rates for a 64-gallon cart are in the mid-high range for these cities. Residential and School Organics Recycling Program Athens Services provides optional green carts for Hermosa Beach residents and schools on request. Green carts can only be used for the collection and recycling of landscaping materials including grass clippings,leaves,brush,branches,tree trimmings,wood stumps,flowers,dead plants and other forms of organic materials generated from landscapes or gardens. In Redondo Beach,Athens Services also accepts food scraps in green carts including all fruits, vegetables,meat,and dairy;and food-soiled paper products that are 100%fiber based for their residential food waste recycling program.The collected materials are transported to American Organics compost facility in Victorville,California where it is processed into compost for agricultural end users.Waste Management provides a similar residential food waste program in Manhattan Beach. Section 4.3.1 of the City’s franchise agreement with Athens Services describes a residential food waste program where upon closure of the Puente Hills Landfill,Athens Services will accept and divert from landfilling,food waste placed in green carts,along with landscaping waste.No additional cost should be incurred for the addition of food waste to the green carts other than the adjustment to green cart rates permitted per Section 6.4.4 for the change in disposal facilities from Puente Hills Landfill to American Organics.Upon Closure of Puente Hills Landfill on October 31,2013,and per section 6.4.4 Green Waste Rate Adjustment,Hermosa Beach residents and schools can implement a green cart organic waste recycling program for a $0.30 cost increase charged to all residential accounts.The residential organics program would allow food waste to be placed in what is now the green cart that is collected on Tuesdays. The 2.41%increase would apply to all sizes of residential carts used for trash,recycling,and organics;therefore,customers receiving trash services and no green waste services would receiveCity of Hermosa Beach Printed on 6/7/2019Page 7 of 10 powered by Legistar™ Staff Report REPORT 19-0382 organics;therefore,customers receiving trash services and no green waste services would receive an increase to fund the organics program under this option. Athens Services provided a subscriber-only rate increase of 32.94%that would apply to all sizes of residential carts used for organics only.Subscriber only rate increases would apply to any trash or recycling carts and customers not using the current green waste services would not receive an increase in their rates.Table 3 shows the monthly costs for implementing an organics recycling program for the subscriber and all residential accounts. Table 3. Monthly Organics Recycling Rate Options for Residential Accounts Program FY19–20 Rates Monthly Organics Recycling Program Residential Subscriber (32.94 % Increase) $ 4.18 (35-Gallon Green Cart) $ 5.56 (35-Gallon Green Cart) All Residential Accounts (2.41% Increase) $7.55 (32-Gallon) $12.08 (64-Gallon) $7.73 (32-Gallon) $12.37 (64-Gallon) The monthly residential organic recycling rates for the both subscriber and across the board are the lowest among the South Bay cities (Attachment 4).Given that the legislation does not require residential participation in an organic waste recycling program,Athens Services proposed that the City could wait until residential organic recycling is mandated before implementing a program. Furthermore,as soon as,and for as long as,food waste is permitted for collection in the residential green waste cart,the City’s public schools administered by the Hermosa Beach City School District shall have the option of participating in this program at no cost to the City or schools.Staff are coordinating with the Hermosa Beach City School District on auditing food waste and potential food recovery in advance of the SB 1383 regulations (Attachment 6).Upon implementing a food waste in green waste program at the Hermosa Beach schools,Athens Services would provide as many carts to the schools as necessary to collect their food waste,and such carts shall be collected on Tuesdays with the residential green waste cart route. City of Hermosa Beach Printed on 6/7/2019Page 8 of 10 powered by Legistar™ Staff Report REPORT 19-0382 Staff recommends that the City Council consider the aforementioned options to implement and organic waste recycling program for Hermosa Beach businesses and residents and request staff to return with a resolution approving an organic waste recycling program to comply with State mandates and authorizing the collection of any additional fees related to commercial,multifamily,and residential organic waste recycling services. Recommendations for an organic waste recycling program could include the following options: 1)A 27.46%rate increase for all commercial and multifamily accounts and a subscriber rate increase of 32.94 % for residential accounts; or 2)Adopt subscriber-only rates for commercial and multifamily, and residential accounts. Option 1 would encourage participation and reduce the cost of an organics recycling program for businesses and multifamily residences,while providing an option for Hermosa Beach residents to subscribe to a food waste recycling program. Option 2 is the minimum option to provide AB 1826 compliant organic waste recycling for businesses identified in Table 1,and for Hermosa Beach residents to subscribe to a food waste recycling program.The cost of this option is much higher for commercial subscribers which may defer participation and would likely require City Council to adopt an ordinance for participation that includes enforcement and penalties when SB 1383 regulations are adopted. These examples represent only a number of the options that can be considered by City Council for future adoption and implementation. 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: Sustainability and Conservation: 6.1 Franchise Agreements.Ensure waste franchise agreements and program offerings provide progressively higher rates of waste diversion. Fiscal Impact: There is no Fiscal Impact to the City from the recommendations presented in this report. Attachments: 1. Athens Services Franchise Agreement 2. Monthly Commercial Organic Waste Recycling Unit Costs City of Hermosa Beach Printed on 6/7/2019Page 9 of 10 powered by Legistar™ Staff Report REPORT 19-0382 3. HF&H Hermosa Beach Organic Rates Analysis Memo 4. FY 2018-19 Refuse Rate Survey_South Bay Cities 5. FY 2018-19 Refuse Rate Survey_Orange County Cities 6. HBCSD Food Waste Audit Respectfully Submitted by: Kristy Morris, Environmental Analyst Concur: Lucho Rodriguez, Acting Public Works Director Noted for Fiscal Impact: Charlotte Newkirk, Accounting Manager Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 10 of 10 powered by Legistar™ AGREEMENT BETWEEN CITY OF HERMOSA BEACH AND ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES * * * March 20, 2013 RECITALS AGREEMENT BETWEEN CITY OF HERMOSA BEACH AND ARAKELIAN ENTERPRISES, INC. dba ATHENS SERVICES FOR INTEGRA TED SOLID WASTE MANAGEMENT SERVICES TABLE OF CONTENTS 1 ARTICLE 1 ................................................................................................................................................. 3 DEFINITIONS .......................................................................................................................................................................... 3 1.1 AB 939 ...................................................................................................................................................................... 3 1.2 AFFILIATE ................................................................................................................................................................. 3 1.3 BILLINGS ................................................................................................................................................................... 4 1.4 BIN ............................................................................................................................................................................ 4 1.5 BIN SERVIC E ............................................................................................................................................................. 4 1 .6 BULKY IT EMS ............................................................................................................................................................ 4 1 .7 CALRECYCLE ............................................................................................................................................................ 5 1 .8 CAN .......................................................................................................................................................................... 5 1.9 CAN SERVICE ............................................................................................................................................................ 5 1.10 CART .................................................................................................................................................................... 5 1.11 CITY ..................................................................................................................................................................... 5 1.12 CITYMANAGER ................................................................................................................................................... 5 1.13 COLLECT I COLLECTION ...................................................................................................................................... 5 1 .14 COMMERCIAL ...................................................................................................................................................... 6 1 .15 COMMERCIAL PREMISES ...................................................................................................................................... 6 1.16 CONTRACTOR ...................................................................................................................................................... 6 1 .17 CONTRACTOR'SPROPOSAL ................................................................................................................................. 6 1.18 CONTRACTOR COMPENSATION .......................................................................................................................... 6 1 .19 CONSTRUCTION AND DEMOLITION DEBRIS ....................................................................................................... 7 1.20 CONTAIN ER ......................................................................................................................................................... 7 1.21 CPl ....................................................................................................................................................................... 7 1.22 CUSTOMER ........................................................................................................................................................... 7 1.23 DISPOSE/DISPOSAL ............................................................................................................................................. 7 1.24 DISPOSALSI TE(S) ................................................................................................................................................. 7 1.25 DIVERSION ........................................................................................................................................................... 7 1.25A DOWNTOWN AREA ............................................................................................................................................. 8 1.25B DOWNTOWN COMPACTOR ....................................................................................................................... ,. ........ 8 1.25C DOWNTOWN COMPACTOR FACILITY ................................................................................................................. 8 1.25D DOWNTOWN COMPACTOR FACILITY SERVICE AREA ......................................................................................... 8 1 .26 ELECTRONI C WASTE ............................................................................................................................................. 8 1.27 ENVIRONMENTAL LAWS ..................................................................................................................................... 8 March 20, 2013 City of Hermosa Beach 1.28 1.28A 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 1.46 1.47 1.48 1.49 1.50 1.51 1.52 1.53 FACILITY .............................................................................................................................................................. 9 FOOD WASTE ....................................................................................................................................................... 9 GREEN WASTE ..................................................................................................................................................... 9 GREEN WASTE PROCESSING FACILITY ................................................................................................................ 9 GROSS RECEIPTS .................................................................................................................................................. 9 HAZARDOUS SUBSTANCE .................................................................................................................................. l 0 HAZARDOUS WASTE ......................................................................................................................................... I 0 HOUSEHOLD HAZARDOUS WASTE ("HHW") ................................................................................................. II MATERIALS RECOVERY FACILITY ("MRF") ..................................................................................................... 11 MULTI-FAMILY DWELLING ............................................................................................................................... II PERSON .............................................................................................................................................................. I I PREMISES ........................................................................................................................................................... I I RATE YEAR ........................................................................................................................................................ 11 RECYCLE/RECYCLING ....................................................................................................................................... .II RECYCLABLE MATERIALS .................................................................................................................................. 12 REFUSE ............................................................................................................................................................... I2 RESIDENTIAL ...................................................................................................................................................... 12 RESIDENTIAL PREMISES ..................................................................................................................................... 12 ROLL-OFF Box ................................................................................................................................................... 12 SINGLE FAMILy DWELLING ............................................................................................................................... 13 SOLID WASTE .................................................................................................................................................... 13 SOLID WASTE HANDLING SERVICES ................................................................................................................. 13 SOURCESEPARATED .......................................................................................................................................... I3 STATE ................................................................................................................................................................. I3 TRANSFORMATION ............................................................................................................................................ 13 TRANSFERSTATION ........................................................................................................................................... l4 WASTEGENERATOR .......................................................................................................................................... I4 ARTICLE 2 ............................................................................................................................................... 15 GRANT AND ACCEPTANCE OF FRANCHISE ............................................................................................................. IS 2.1 GRANT AND ACCEPTANCE OF FRANCHISE, INDEMNITY OF AWARD ................................................................... 15 2.2 ENFORCEMENT OF EXCLUSIVITY ............... , ............................................................................................................ 15 2.3 EFFECTIVE DATE .................................................................................................................................................... 16 2.4 TERM OF AGREEMENT ............................................................................................................................................ 16 2.5 CITY'S OPTION TO EXTEND TERM .......................................................................................................................... 16 2.6 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR .................................................................................... 16 2.7 CONDITIONS TO EFFECTIVENESS OF AGREEMENT.. ............................................................................................... 18 2.8 DELEGATION OF AUTHORITY ................................................................................................................................ 18 2 . 9 LIMITATIONS TO SCOPE .......................................................................................................................................... 18 2.10 CITY'S RIGH T TO DIRECT CHANGES .................................................................................................................. 20 2.10.1 General ..................................................................................................................................................... 20 2.10.2 New Diversion Programs ......................................................................................................................... 21 2.11 OWNERSHIP OF SOLID WASTE .......................................................................................................................... 21 2.12 CONTRACTOR STATUS ....................................................................................................................................... 22 2.13 CONTRACTOR AUTHORIZATION ....................................................................................................................... 22 2.14 PERMITS AND LICENSES .................................................................................................................................... 23 ARTICLE 3 ................................................................................................................................................ 24 FEES PAID TO THE CITY ................................................................................................................................................... 24 3 .1 CONTRACTING F EE ................................................................................................................................................ 24 3.2 COLLECTOR FEE ..................................................................................................................................................... 24 March 20, 2013 ii City of Hermosa Beach 3.3 ADMINISTRATIVE FEE ............................................................................................................................................ 24 3.4 AB 939 FEE ............................................................................................................................................................. 24 3.5 TIMING AND SUBMJ TT AL OF MONTHLY FEE PAYMENTS ...................................................................................... 25 3.6 FUTUREFEES .......................................................................................................................................................... 25 ARTICLE 4 ............................................................................................................................................... 26 DIRECT SERVICES .............................................................................................................................................................. 26 4.1 REFUSE .................................................................................................................................................................... 26 4.1.1 General .......................................................................................................................................................... 26 4.1.2 Residential Cart/Can Refuse Collection ........................................................................................................ 26 4.1.3 Refuse Cart/Can Overage ............................................................................................................................. 27 4.1.4 Walk-Out Service .......................................................................................................................................... 27 4.1.5 Bin Refuse Collection .................................................................................................................................... 28 4.1.6 Commercial Premises Cart Service ............................................................................................................... 28 4.1.7 Overflowin g Bins and Carts ......................................................................................................................... 29 4.1.8 Temporary Bin Service .................................................................................................................................. 29 4.1.9 Scout Vehicles ............................................................................................................................................... 3D 4.1.10 Bin Pu sh -out Service ................................................................................................................................ 30 4.1.11 Lockin g Bins ............................................................................................................................................. 30 4.1.12 Roll-offBox Service .................................................................................................................................. 31 4.1.13 Extra Assistance in High Solid Waste Generating Commercial Areas .................................................... 3 I 4.1.14 Shared Solid Waste Downtown Compactor Facility and Port er Service ................................................. 3 1 4.1.15 On-Call Bulky Item Pickup ...................................................................................................................... 35 4.1.16 Bulky Item Diversion ................................................................... , .......................... M ............................... 36 4.1.17 Disposal of Electronic and Other Special Wastes ..................................................................................... 36 4.1.18 Optional On-Call Household Hazardous Waste Collection and Disposal ............................................... 36 4.1.19 Restaurant Fo od Waste Program Option ................................................................................................. 37 4.1.20 Do cument Shredding ............................................................................................................................... 37 4 .2 RECYCLING ............................................................................................................................................................. 3 4.2.1 Resid entia l Cart/Can Recycling Collection ................................................................................................... 38 4.2.2 Comm ercial Recyclables Collection ............................................................................................................... 38 4.2.2.1 Source Separated Recycling ..................................................................................................................... 38 4.2.2.2 Downtown Compactor Facility Solid Waste Processing .......................................................................... 39 4.2.2.3 Bin and Roll-Off Waste Processing .......................................................................................................... 39 4.2.3 Warning Notice ............................................................................................................................................. 39 4.2.4 Marketin g and Sale of Recyclable Materials ................................................................................................. 40 4.2.5 Minimum Recycling Requirements .............................................................................................................. 40 4.2.6 Constru ction and Demolition Debris Diversion ........................................................................................... 40 4.2.7 Battery Recycling Drop-Off .......................................................................................................................... 41 4.3 GREEN WASTE PROGRAM ...................................................................................................................................... 41 4.3.1 Sin gle Family Gr een Waste Collection ......................................................................................................... 41 4.3.2 Holiday Tree Collection Program ................................................................................................................. 42 4.3.3 End Uses for Green Waste ............................................................................................................................ 43 4.3.4 Backyard Compost Program ......................................................................................................................... 43 4.3.5 Free Compost Give-A-Way Events ............................................................................................................... 43 4.3.6 Free City Compost ......................................................................................................................... ~ ................ 44 4.3.7 Residential Food Waste Pilot Program ......................................................................................................... 44 4.4 CONTAINER SELECTION, DISTRIBUTION AND EXCHANGES .................................................................................. 44 4.4.1 Containers ..................................................................................................................................................... 44 4.4 .1.1 Residential Container Distribution .......................................................................................................... 44 4.4.1.2 Removal of Existing Containers ............................................................................................................... 45 4.4.1.3 Container Design Requirements .............................................................................................................. 46 4.4.1.4 Capacity .................................................................................................................................................... 46 March 20, 2013 iii City of Hermosa Beach 4.4.1.5 4.4.1.6 4.4.1.7 Contain er Handles ................................................................................................................................... 46 Container Lid ........................................................................................................................................... 46 Container Colors ...................................................................................................................................... 4 7 4.4.1.8 Container Markings ..................... H .......................................................................................................... 47 4.4.2 Contain er Pe1jonnance Requirement s .......................................................................................................... 4( 4.4.2.1 Cart Load Capacity ................................................................................................................................... 48 4.4 .2.2 Container Durability ................................................................................................................................ 48 4.4.2.3 Chemical Resistant ................................................................................................................................... 49 4.4.2.4 Stability and Maneuverability ................................................................................................................. 49 4.4.2.5 Lid Pe1jornwnce ....................................................................................................................................... 49 4.4.2.6 Repatability .............................................................................................................................................. 50 4.4.3 Contain er Ownership and Maintenan ce Res ponsibilities ............................................................................. 50 4.4.4 Bins ............................................................................................................................................................... 50 4.4.5 Roll-off Boxes ................................................................................................................................................ 51 4.5 CITYSERVICES ........................................................................................................................................................ 52 4.5.1 City Facilities Collection ............................................................................................................................... 52 4.5.2 City Litter Containers ................................................................................................................................... 53 4.5 .3 School Facilities Collection ............................................................................................................................ 54 4.5.4 Special Events ............................................................................................................................................... 55 4.5.5 Emergency Collection and Disposal Service ................................................................................................. 55 4.5.6 Abandoned Item Collection ........................................................................................................................... 55 4.5.7 Large Venue Event Assistance, Event Recycling ......................................................................................... 56 4.5.8 Litter Boxes for Non-City-Sponsored Events ................................................................................................ 56 4.5.9 Code Enforcement Assistances ...................................................................................................................... 56 4.5.10 Capacihj Guarantee .................................................................................................................................. 56 4.5.11 Toy Drive Assistance ............................................................................................................................... 56 4.5.12 South Bay Work Investment Board .......................................................................................................... 56 4.5.13 Dog Waste Program ................................................................................................................................. 57 4 .6 OPERATIONS ........................................................................................................................................................... 57 4.6.1 Schedules ........................................................................................................................................................ 57 4.6.1.1 Collection Days and Hours ....................................................................................................................... 57 4.6.1.2 Review of Schedules and Routing ............................................................................................................ 57 4.6.1.3 Missed Pickups .............................................................. , .......................................................................... 58 4.6.2 Vehicles ......................................................................................................................................................... 58 4.6.3 Litter Abatement ........................................................................................................................................... 62 4.6.4 Personnel ....................................................................................................................................................... 62 4.6.5 Identification Required .................................................................................................................................. 64 4.6.6 Fees and Gratuities ....................................................................................................................................... 64 4 .6.7 Non-Discrimination ...................................................................................................................................... 64 4.6 .8 Routing and Coordination With Street Sweeping Services .......................................................................... 65 4.6.9 Report of Accumulation of Solid Waste; Unauthorized Dumping ............................................................... 65 4.7 TRANSPORTATION OF SOLID WASTE ..................................................................................................................... 65 4.8 APPROVED FACILITIES ........................................................................................................................................... 66 4.9 STATUS OF DISPOSAL SITE ..................................................................................................................................... 66 4.10 DEDICATED ROUTES .......................................................................................................................................... 67 4.11 SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS ......................................................................... 67 4.12 DOWNTOWN COMPACTOR FACILITY DEVELOPM EN T.. .................................................................................... 67 ARTICLE 5 ............................................................................................................................................... 70 OTHER SERVICES ............................................................................................................................................................... 70 5.1 CUSTOMER SERVICE ............................................................................................................................................... 70 5.1.1 Local Office, Response Time .......................................................................................................................... 70 5.1.2 Complaint Docuntentation ............................................................................................................................ 71 March 20, 2013 iv City of Hermosa Beach 5.1.3 Re solution of Cu stomer Complaint s ............................................................................................................. 7 1 5.1.4 Serv ice Liaison/Route Supervisor ................................................................................................................. 72 5.2 EDUCATION AND PUBLIC AWARENESS .................................................................................................................. 72 5.2.1 Gen eral .......................................................................................................................................................... 72 5 .2.2 Impl ementation and On-going Edu cation Requirements ............................................................................. 72 5.2.3 Contractor Repres en tative ............................................................................................................................ 74 5.2.4 Community Events ....................................................................................................................................... 74 5.2.5 School Outreach ............................................................................................................................................ 7 · 5.2.6 Business Outreacl1 ........................................................................................................................................ 7 · 5.2.7 Multi-Family Outreach ................................................................................................................................ 76 5.2.8 Facility Tours ................................................................................................................................................ 76 5.2.9 Free Mailing of City Materials ..................................................................................................................... 76 5.2.10 Mighty Mike Mascot ................................................................................................................................ 77 5.2.11 Presentations to City Council .................................................................................................................. 77 5.2.12 Guest Speaker and Writing Assistance oooooo .... oo .... oo ...... oo .. oo ...................................................................... 77 5 .3 WASTE GENERATION j CHARACTERIZATION STUDIES. oo• • .,oo ......................... oo • ........................................ 00 ........... 77 5.4 Com munity Support .......................................................................................................................................... 77 5 .6 Nei ghborhood Safety Watch ............................................................................................................................... 78 ARTICLE 6 ............................................................................................................................................... 79 CONTRACTOR COMPENSATION AND RATES ......................................................................................................... 79 6.1 GENERAL ................................................................................................................................................................ 79 6.2 INITIAL RATES ....... 00 ............................................................................................................................................... 79 6.3 SCHEDULE OF FUTURE ADJUSTMENTS ................................................................................................................... 79 6.3.1 Request Submittal ......................................................................................................................................... 79 6.3.2 Approval Process ........................................................................................................................................... 79 6.4 METHOD OF ADJUSTMENTS ................................................................................................................................... 80 6.4.1 General .......................................................................................................................................................... 80 6.4.2 Cost Components fo r Rate Adjustment Indices ..... oo ..................................................................... 00 .............. 80 6.4.3 Rate Adjustment Steps ................................................................................................................................. 81 6.4.4 Green Waste Rate Adjustment Upon Cl os ure of Puent e Hills ..................................................................... 82 6.5 EXTRAORDINARY ADJUSTMENTS ........................................................................................................................... 82 6.6 REDELIVERY /RETURN TRIP FEE ............................................................................................................................ 83 6.7 CUSTOMER BILLING AND CONTRACTOR COMPENSATION ................................................................................... 84 6.7.1 Residential Customers Receiving individual-Unit Service ............................................................................ 84 6.7.2 Permanent Bin and Roll-Off Box Customers ................................................................................................ 84 6.7.3 Temporary Services Billing ........................................................................................................................... 84 6.7.4 Contractor's Invoices .................................................................................................................................... 84 6.7.5 Billing Disputes ............................................................................................................................................ 85 6.7.6 Delinquent Accounts .................................................................................................................................... 85 6.7. 7 Cust omer Billing Adjustments ..................................................................................................................... 86 6.7.8 Ex emption from Serv ice ................................................................................................................................ 86 6.7.9 Active Military Rate Reductions .................................................................................................................. 87 6.7.10 Senior Low-Inconte Rate Reduction ......................................................................................................... 87 REVIEW OF SERVICES AND PERFORMANCE ............................................................................................................ 88 7.1 PERFORMANCE REVIEW M EETING ......................................................................................................................... 88 7.2 PERFORMANCESATISFACTIONSURVEY ................................................................................................................ 89 7.3 ROUTE AUDIT ......................................................................................................................................................... 90 ARTICLE 8 ............................................................................................................................................... 92 RECORDS, REPORTS AND INFORMATION REQUIREMENTS ............................................................................. 92 8.1 GENERAL ................................................................................................................................................................ 92 March 20, 2013 v City of Hermosa Beach 8.2 RECORDS ................................................................................................................................................................ 92 8.2.1 General .......................................................................................................................................................... 92 8.2.2 Financial Records .......................................................................................................................................... 93 8.2.3 Solid Waste R ecords ...................................................................................................................................... 93 8.2.4 CERCLA D ef en se and Disposal Records ...................................................................................................... 94 8.2 .5 Other Prog rams ' R ecords ............................................................................................................................. 95 8 .2 .6 Audit ............................................................................................................................................................. 95 8.2. 7 Payments and Refunds ................................................................................................................................. 96 8 .3 REPORTS ................................................................................................................................................................. 96 8.3.1 R eport Format s and Schedule ....................................................................................................................... 96 8.3.2 Monthly Reports ........................................................................................................................................... 97 8.3.3 Annual Report .............................................................................................................................................. 9 7 8.3.4 Financial Report ............................................................................................................................................ 98 8.4 REPORTING ADVERSE INFORMATION .................................................................................................................... 98 8.5 RIGHT TO INSPECT RECORDS ................................................................................................................................. 99 8 .6 FAILURE TO R EPORT ..................................................................................... , ......................................................... 99 ARTICLE 9 ............................................................................................................................................. 1 00 INDEMNIFICATION, INSURANCE AND BOND ...................................................................................................... I 00 9.1 DEFENSE OF AGREEMENT .................................................................................................................................... 1 00 9.2 INDEMNIFICATION ............................................................................................................................................... I 00 9.3 HAZARDOUS SUBSTANCES INDEMNIFICATION ................................................................................................... I 0 l 9.4 AB 939 INDEMNIFICATION AND GUARANTE E .................................................................................................... 103 9.5 INSURANCE ........................................................................................................................................................... I03 9.6 FAITHFUL P ERFORMANCE BOND ......................................................................................................................... I 09 9 .7 FORFEITURE OF PERFORMANCE BOND ................................................................................................................ I 09 9.8 P ERFORMANCE SECURITY B EYOND SERVICE TERM ............................................................................................ l l 0 ARTICLE 10 ........................................................................................................................................... 111 CITY'S RIGHT TO CONTRACT WITH THIRD PARTIES TO PERFORM FRANCHISED SERVICES ........... 111 ARTICLE 11 ............................................................................................................................................ 112 DEFAULT, REMEDIES AND LIQUIDATED DAMAGES .......................................................................................... 112 11.1 EVENTSOF D EF AULT ....................................................................................................................................... 112 11.2 RIGHT TO T ERMINATE UPON DEFAULT AND RIGHT TO SPECIFIC PERFORMANCE ....................................... 1 14 11.3 LIQUIDATED DAMAGES ................................................................................................................................... 115 11.4 EXCUSE FROM PERFORMANCE ........................................................................................................................ 120 11.4.1 Force Majeure ......................................................................................................................................... 120 11.4 .2 Labor Unrest .......................................................................................................................................... 120 11.4.3 Pro ce dures In Event of Excused Performance ........................................................................................ 121 11.5 NOTICE, HEARING AND APPEAL OF CiTY BREACH ........................................................................................ 122 11 .6 ASSURANCE OF P ERFORMANCE ...................................................................................................................... 122 ARTICLE 12 ........................................................................................................................................... 123 MISCELLANEOUS PROVISIONS .................................................................................................................................. 123 12.1 RELATIONSHIP OF PARTIES ............................................................................................................................. 123 12.2 COMPLIANCE W1TH LAW ................................................................................................................................ 123 12 .3 GOVERNING LAW ............................................................................................................................................ 12 3 12.4 JURISDICTION ................................................................................................................................................... 123 12.5 ASSIGNMENT ................................................................................................................................................... 124 12.6 CONTRACTING OR SUBCONTRACTING ............................................................................................................ 126 12.7 BINDING ON ASSIGNS ...................................................................................................................................... 126 March 20, 2013 vi City of Hermosa Beach 12.8 COOPERATION IN PREPARATION FOR TERMJNATJON OR EXPIRATION OF CONTRACT ................................. 126 12.9 PARTIES IN lNTEREST ....................................................................................................................................... l27 12.10 WAIVER ........................................................................................................................................................... 127 12.11 CONTRACTOR'S INVESTIGATION ..................................................................................................................... 128 12.12 CONDEMNATION ............................................................................................................................................. 128 12.13 NOTICE ............................................................................................................................................................ 128 12.14 REPRESENTATIVES OF THE PARTIES ................................................................................................................ 129 12.15 CITY FREE TO NEGOTIATE WITH THIRD PART! ES ........................................................................................... 129 12.16 COMPLIANCE WlTH MUNICIPAL CODE .......................................................................................................... 129 12.17 PRIVACY ........................................................................................................................................................... 130 12.18 PROPRIETARY INFORMATION, PUBLIC RECORDS ............................................................................................ 130 12.19 ENTIRE AGREEMENT ....................................................................................................................................... 130 12.20 SECTION HEADINGS ........................................................................................................................................ 130 12.21 REFERENCES TO LAWS AND OTHER AGREEMENTS ........................................................................................ 131 12.22 lNTERPRETATION ............................................................................................................................................. 131 12.23 AGREEMENT .................................................................................................................................................... 131 12.24 SEVERABILITY .................................................................................................................................................. 131 12.25 EXHIBITS .......................................................................................................................................................... 131 12.26 ATTORNEYS' F EES ............................................................................................................................................ 131 Exhibits 1. Reserved 2. Initial Maximum Rates 3 . Example Rate Adjustment Formula 4. City Litter and Recycling Collection Container Map 5. Corporate Guarantee 6. Contractor's Faithful Performance Bond 7. Reserved 8. Initial Scout Service Customers 9. Downtown Area 10. Areas Where Automated Service Not Feasible (Can Service Areas) 11. Downtown Compactor Facility Service Area 12. Notary Certification March 20, 2013 vii City of Hermosa Beach AGREEMENT This Agreement for Integrated Solid Waste Management Services (hereinafter the "Agreement") is entered into this_ day of 2013, by and between the City of Hermosa Beach, California, ("City") and Arakelian Enterprises, Inc . dba Athens Services ("Contractor"), for the collection, transportation, recycling, processing, and disposal of solid waste and other services related to meeting the goals and requirements of the California Integrated Waste Management Act. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (" AB 939") (California Public Resources Code Section 49100 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and, WHEREAS, pursuant to California Public Resources Code Section 49300 and 49500 through 49524 inclusive, the City has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified company for the collection, transfer and transportation, recycling, processing, and disposal of solid waste and other services related to meeting the diversion goals required by AB 939, and other requirements of the California Integrated Waste Management Act; and, WHEREAS, City declares its intention of maintaining reasonable rates and quality service related to the collection, transfer and transportation, recycling, processing, and disposal of solid waste and other services; and, WHEREAS, in response to a Request for Proposals, Contractor has submitted a proposal to City and City selected the Contractor on the competitive advantages of that proposal over other proposals received by City; and, WHEREAS, City and Contractor ("Parties") hereto desire to enter said Agreement; and, WHEREAS, City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling, processing and disposal of solid waste, including AB 939, the Resource Conservation and Recovery Act (''RCRN'), and the Comprehensive Environmental Response, Compensation and Liability Act March 20, 2013 -1-City of Hermosa Beach ("CERCLA"). City and Contractor desire to leave no doubts as to their respective roles and to memorialize that by entering into this Agreement, City is not thereby becoming an "arranger" or a "generator 11 as those terms are used in CERCLA, and that it is Contractor, not City, who is "arranging for" the collection from premises in the City, transport for disposal, composting or other processing, and recycling of municipal solid waste which may contain hazardous substances; and further to confirm that as a material inducement to City entering into this Agreement, Contractor has agreed to fully indemnify City in connection with any claims, losses, liabilities, lawsuits or actions relating to the inadvertent or intentional collection, transportation and/ or disposal of hazardous materials that may occur in connection with Contractor's performance under this Agreement; and, WHEREAS, Contractor has agreed, as part of this Agreement, acting as an independent contractor to provide such personnel, equipment and supplies as are necessary to ensure City complies with the requirements of Public Resources Code Section 49100, et seq. NOW, THEREFORE, in consideration of the premises above stated and the terms, conditions, covenants and agreements contained herein, the Parties do hereby agree as follows: March 20, 2013 -2 -City of Hermosa Beach ARTICLE 1 DEFINITIONS The terms used in this Agreement shall have the meaning set forth in this Article 1. In the event a term is not defined in this Article 1, then it shall have the meaning set forth in the Hermosa Beach Municipal Code or in Division 30, Part 1, Chapter 2 of the California Public Resources Code (with precedence given to definitions in the Hermosa Beach Municipal Code over conflicting definitions contained in the Public Resources Code). Except as provided in Article 1, words beginning with lower case letters are being used with their common ordinary meanings, not as defined terms. Otherwise, the following capitalized words and terms shall have the following meanings: 1.1 AB 939 11 AB 939 11 means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may be amended from time to time. 1.2 Affiliate 11 Affiliate 11 means all businesses (including corporations, limited and general partnerships and sole proprietorships) which are directly or indirectly related to Contractor by virtue of direct or indirect ownership interest or common management shall be deemed to be 11 Affiliated with11 Contractor and included within the term 11 Affiliates 11 as used herein. An Affiliate shall include a business in which Contractor owns a direct or indirect ownership interest, a business which has a direct or indirect ownership interest in Contractor and/ or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in Contractor. For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, that (i) 11 ten percent (10% )11 shall be substituted for 11 fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined on March 20, 2013 -3-City of Hermosa Beach the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater. 1.3 Billings ''Billings 11 or "Billing" or "Bill" means the statements of charges provided to Customers for services rendered by Contractor. 1.4 Bin "Bin" means a metal Container with hinged lids and wheels with a capacity of less than ten (10) cubic yards. 1.5 Bin Service "Bin Service" means Solid Waste Handling Services in which a Bin is used for the Collection of Solid Waste. 1.6 Bulky Items "Bulky Items" means Solid Waste that cannot and/ or would not typically be accommodated within a Cart including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as "white goods"); yard debris, Green Waste and small pieces of wood limited to one cubic yard of contained material; Electronic Waste; fluorescent bulbs; household batteries; and clothing. Bulky Items do not include car bodies, tires, Construction and Demolition Debris or items requiring more than two (2) persons to remove. Other items not specifically included or excluded above will be Collected provided that they are not more than eight (8) feet in length, four (4) feet in width, or more than one hundred fifty (150) pounds. In the event a question ever arises as to whether a specific item or category of items meets the definition of Bulky Items, City shall be responsible to determine whether said definition shall apply, which determination shall be final and binding on the Parties. March 20, 2013 -4-City of Hermosa Beach 1.7 CalRecyde "CalRecycle" means the State of California's Department of Resources Recycling and Recovery, and, as this department was structured prior to January 1, 2010, the California Integrated Waste Management Board, or CIWMB. 1.8 Can "Can" means a plastic Container with a lid and with or without wheels, with a capacity between 30 and 35-gallons, also referred to as a barrel. 1.9 Can Service "Can Service" refers to Residential service provided in accordance with Section 4.1.2 in which Contractor provides Residential Customers Cans, bags or boxes, for Refuse Collection due to Cart Collection not being feasible. 1.10 Cart "Cart" means a plastic Container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than 32-and no greater than 101-gallons. Cart also means a 20-gallon Cart provided to Residential Customers at a discounted rate as provided in this Agreement. 1.11 City "City" means City of Hermosa Beach, California, a municipal corporation, and all the territory lying within the municipal boundaries of City as presently existing or as such boundaries may be modified during the term of this Agreement. 1.12 City Manager "City Manager" means the City Manager of the City of Hermosa Beach and his or her designee . 1.13 CollecVCollection "Collect" or "Collection11 means to take physical possession, transport, and remove Solid Waste within and from City. March 20, 2013 -5-City of Hermosa Beach 1.14 Commercial 11 Commercial 11 refers to services performed at or for Commercial Premises. 1.15 Commercial Premises 11 Commercial Premises 11 means Premises located within the boundaries of the City, occupied or used for any purpose other than residential uses. It includes premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding Residential Premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein in the Hermosa Beach Municipal Code or otherwise, for purposes of this Agreement, Premises upon which the following uses are occurring shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Group Residential Facilities, Group Care Facilities, Hotels, Hostels, and Motels. 1.16 Contractor 11 Contractor 11 means Arakelian Enterprises, Inc. dba Athens Services, a corporation organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies and subcontractors, as permitted under Section 12.6. 1.17 Contractor 1s Proposal 11 Contractor 1s Proposal 11 means the proposal submitted by Contractor to City on May 7, 2012 in response to a Request for Proposals dated March 13,2012. This Agreement supersedes Contractor's Proposal and is the final written expression of the Parties' Agreement. 1.18 Contractor Compensation 11 Contractor Compensation11 means the revenue received by the Contractor from Customers and the City in return for providing services in accordance with this Agreement. March 20, 2013 -6-City of Hermosa Beach 1.19 Construction and Demolition Debris 11 Construction and Demolition Debris 11 means Solid Waste generated at a Premises that is directly related to construction or demolition activities occurring thereon. 1.20 Container 11 Container'' means any and all types of Solid Waste receptacles, including Carts, Cans, Bins and Roll-off Boxes. 1.21 CPI "CPI" means the Consumer Price Index (CUUROOOOSAOL1E) for All Urban Consumers (CPI-U), all items less food and energy index-U.S. city average. 1.22 Customer "Customer" means a Person receiving Solid Waste Handling Services from Contractor pursuant to the terms of this Agreement. 1.23 Dispose/Disposal 11 Dispose" or "Disposal11 means the ultimate disposition of Solid Waste Collected by Contractor at a landfill or otherwise in full regulatory compliance. 1.24 Disposal Site(s) 11 Disposal Site(s)11 means the Solid Waste handling Facility or Facilities utilized for the ultimate Disposal of Solid Waste Collected by Contractor. 1.25 Diversion 11 Diversion11 means any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by CalRecycle as Diversion in its determination of the City's Diversion rate and compliance with AB 939. CalRecycle may limit Diversion considered to be achieved through Transformation/waste-to-energy, use of Green Waste as alternative daily cover (" ADC") and other activities. March 20, 2013 -7-City of Hermosa Beach 1.25A Downtown Area "Downtown Area" means the properties, businesses and Customers as defined in Exhibit 9. 1.25B Downtown Compactor "Downtown Compactor" means the Roll-Off Box attached to compaction equipment used to service the businesses located in the Downtown Compactor Facility Service Area (See Exhibit 11). 1.25C Downtown Compactor Facility "Downtown Compactor Facility" means the facility housing the Downtown Compactor (Roll-Off Box attached to compaction equipment), developed in City Parking Lot A. In the event that public restrooms are constructed as part of the Facility, the Downtown Compactor Facility does not include the public restrooms. 1.25D Downtown Compactor Facility Service Area "Downtown Compactor Facility Service Area" means portions of the Downtown Area where automated service is not feasible and Customers may utilize the Downtown Compactor Facility under the terms of this Agreement, and as further described in Exhibit 11. 1.26 Electronic Waste "Electronic Waste" means electronic equipment, including stereos, televisions, computers and monitors, VCRs, microwaves and other similar items commonly known as "brown goods" and "e-waste". 1.27 Environmental Laws 11 Environmental Laws 11 means all federal and state statutes, county, local and City ordinances concerning public health, safety and the environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seq.; the Resource Conservation and Recovery Act, 42 USC §6902 et seq.; the Federal Clean Water Act, 33 USC §1251 et seq.; the Toxic Substances Control Act, 15 USC §1601 et seq.; the March 20, 2013 -8-City of Hermosa Beach Occupational Safety and Health Act, 29 USC §651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100 et seq.; the California Hazardous Substance Account Act, California Health and Safety Code §25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5 et seq.; and Hermosa Beach Municipal Code Chapter 8; as currently in force or as hereafter amended, and all rules and regulations promulgated there under. 1.28 Facility 11 Facility 11 means any plant or site, owned or leased and maintained, operated or used by Contractor for purposes of performing under this Agreement. 1.28A Food Waste "Food Waste" means Solid Waste that may be Collected as part of the Food Waste programs included in Sections 4.3.1 and 4.3.7, which includes: • All food (including fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese and eggshells); • Food-soiled paper (including napkins, paper towels, paper plates); and, • Tea bags, coffee grounds and filters. 1.29 Green Waste 11 Green Waste 11 means tree trimmings, wood stumps, small pieces of wood, grass cuttings, dead plants, leaves, branches, flowers, plant stocks, and dead trees (not more than six (6) inches in diameter or forty-eight (48) inches in length) and similar materials. 1.30 Green Waste Processing Facility "Green Waste Processing Facility" means a permitted Facility where Green Waste is sorted, mulched or separated for the purposes of Recycling, reuse or composting. 1.31 Gross Receipts "Gross Receipts" means any and all revenue received from Billings by City or Contractor, and compensation in any form, of Contractor or subsidiaries, parent companies or other Affiliates of Contractor, for the Collection and transportation of March 20, 2013 -9-City of Hermosa Beach Solid Waste pursuant to this Agreement, in accordance with Generally Accepted Accounting Principles, including, but not limited to, Customer fees for Collection of Solid Waste, without subtracting Disposal fees, City fees or other fees or any other cost of doing business. Sales revenue from the sale of Recyclable Materials is excluded from Gross Receipts for the purpose of calculating Collector Fees. 1.32 Hazardous Substance 11 Hazardous Substance 11 shall mean any of the following: (a) any substances defined, regulated or listed (directly or by reference) as 11 Hazardous Substances 11 , 11 hazardous materials 11 , 11 Hazardous Waste 11 , 11 toxic waste 11 , 11 pollutants 11 or 11 toxic substances 11 or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980,42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq; (iv) the Clean Water Act, 33 USC §1251 et seq; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, 25316, 25501 and 25501.1; (vi) the Clean Air Act, 42 USC §7901 et seq.; and (vii) California Water Code §13050; (b) any amendments, rules or regulations promulgated there under to such enumerated statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable federal, state or local Envirorunental Laws currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's (11 PCBs 11 ), petroleum, natural gas and synthetic fuel products and by- products. 1.33 Hazardous Waste 11 Hazardous Waste 11 means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated there under. March 20, 2013 -10-City of Hermosa Beach 1.34 Household Hazardous Waste ("HHW") 11 Household Hazardous Waste 11 means Hazardous Waste generated at Residential Premises. 1.35 Materials Recovery Facility ("MRF") 11 Materials Recovery Facility 11 means a permitted Solid Waste Facility where Solid Wastes or Recyclable Materials are sorted or separated for the purposes of Recycling, processing or composting. 1.36 Multi-Family Dwelling 11 Multi-Family Dwelling11 means any building or lot containing five (5) or more dwelling units. Multi-Family Dwelling units generally receive Refuse Collection service through the use of shared Bins, but may use Carts. Service is not dependent upon unit count unless specifically stated. 1.37 Person 11 Person11 means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, Los Angeles County, cities, and special purpose districts. 1.38 Premises 11 Premises 11 means any land or building in City where Solid Waste is generated or accumulated. 1.39 Rate Year 11 Rate Year 11 means the period July 1 to June 30, for each year during the Term of this Agreement. 1.40 RecyclefRecycling "Recycle" or 11 Recycling 11 means the processing of Recyclable Materials for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products. The Collection, transportation or Disposal of Solid Waste not March 20, 2013 -11-City of Hermosa Beach intended for, or capable of, reuse is not Recycling. Recycling does not include use of Solid Waste for conversion to energy. 1.41 Recyclable Materials 11 Recyclable Materials 11 means Solid Waste that is Source Separated, has some potential economic value, and is set aside, handled, packaged, or offered for Collection in a manner different from Refuse in order to allow it to be processed for Recycling. 1.42 Refuse 11 Refuse'' means putrescible and non-putrescible Solid Waste. 1.43 Residential 11 Residential 11 refers to services performed at and for Residential Premises, which include both Single-Family Dwellings and Multi-Family Dwellings. 1.44 Residential Premises "Residential Premises" means Premises upon which dwelling units exist, including, without limitation, Single Family Dwellings, apartments, boarding or rooming houses, condominiums and mobile homes. Notwithstanding any provision to the contrary herein, in the Hermosa Beach Municipal Code, or otherwise, for purposes of this Agreement, Premises upon which the following uses are occurring shall not be deemed to be Residential Premises, and rather shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Group Residential Facilities, Group Care Facilities, Hostels, Hotels, Motels, and any other businesses not specifically listed at which residency is transient in nature and hence should be classified as Commercial Premises as determined by City on a case by case bases. 1.45 Roll-off Box "Roll-off Box" means Solid Waste Collection Containers of 10 (ten) cubic yards or larger. March 20, 2013 -12 -City of Hermosa Beach 1.46 Single Family Dwelling "Single Family Dwelling11 means a dwelling unit in a building containing fewer than five (5) Residential dwelling units . Single Family Dwelling units generally receive individual Can or Cart Refuse Collection service, but service is not dependent upon unit count unless specifically stated. 1.47 Solid Waste "Solid Waste" means all discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including Refuse, Construction and Demolition Debris, Bulky Items, Recyclable Materials, Green Waste, and Food Waste or any combination thereof which are permitted to be disposed of in a Class III landfill, and which are included in the definition of "Non-hazardous Solid Waste" set forth in the California Code of Regulations. 1.48 Solid Waste Handling Services "Solid Waste Handling Services" means the Collection, transfer, transport, Recycling, processing, and Disposal of Solid Waste. 1.49 Source Separated "Source Separated" means the segregation by the Waste Generator of individual components of Solid Waste, which otherwise would become Refuse or garbage (such as glass bottles, metal cans, newspapers, plastic containers, Green Waste etc.) into separate Container(s) for the purpose of allowing the Recycling of such materials. 1.50 State "State" means the State of California. 1.51 Transformation "Transformation" means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. March 20, 2013 -13-City of Hermosa Beach 1.52 Transfer Station "Transfer Station" means a Facility that receives Solid Waste from Collection vehicles and transfers the material to larger vehicles for transport to landfills and other destinations. Transfer Stations may or may not include MRFs, transferring residual Refuse (Refuse left after the sorting of Recyclable Materials) to landfills and Recyclable Materials, including Green Waste and/ or Construction and Demolition debris, to processors, brokers or end-users. 1.53 Waste Generator "Waste Generator'' means any Person as defined by the Public Resources Code, whose act or process produces Solid Waste as defined in the Public Resources Code, or whose act first causes Solid Waste to become subject to regulation. March 20, 2013 -14-City of Hermosa Beach ARTICLE2 GRANT AND ACCEPTANCE OF FRANCHISE 2.1 Grant and Acceptance of Franchise, Indemnity of Award Subject to the terms and conditions of this Agreement (including but not limited to the exclusions set forth in Section 2.9 hereof) and applicable State laws, and to the rights of State, county and school district facilities to use a Solid Waste enterprise other than Contractor, City hereby grants to Contractor and Contractor hereby accepts from City, for the Term hereof, the exclusive franchise, right and privilege to provide Solid Waste Handling Services at all Residential and Commercial Premises within City (the "Franchise"). 2.2 Enforcement of Exclusivity Contractor shall be responsible for enforcing the exclusivity of this Agreement. City shall have the right to enforce the exclusivity provisions hereof if, in its absolute and sole discretion, it chooses to do so, but shall have no obligation to do so for the benefit of Contractor or otherwise. City additionally shall have the right, but not the obligation, to request that Contractor enforce the exclusivity provisions hereof. Contractor shall have an affirmative obligation to enforce such exclusivity provisions when requested to do so by City. For example, Contractor may be asked to notify City of inappropriately placed Containers and to place warning tags on such Containers. City may direct Contractor to impound such Containers in accordance with the City's Municipal Code and may be entitled to charge Container owners City-approved fees for such impounding. If Contractor requests that City take administrative, law enforcement, or other legal action to protect Contractor's exclusive rights, or otherwise enforce the exclusivity of this Agreement (including the adoption of any resolution or ordinance intended to facilitate the enforcement of the exclusive rights granted herein), Contractor shall reimburse City for all administrative, law enforcement, or other legal costs and fees related to any such action. Contractor's obligation to reimburse City shall not apply to any criminal enforcement by City. March 20, 2013 -15-City of Hermosa Beach 2.3 Effective Date The "Effective Date" of this Agreement shall be the date which the City Council approves this Agreement. 2.4 Term of Agreement The term of this Agreement (the "Term") shall be eight (8) years, commencing on July 1, 2013, and expiring June 30, 2021, subject to extension as provided in Section 2.5, as applicable. Notwithstanding the foregoing, the unexcused failure or refusal of Collector to perform any material term, covenant, obligation or condition contained in this Agreement shall give rise to the right, in favor of City, for earlier termination of this Agreement for cause in accordance with the procedures elsewhere contained herein. 2.5 City's Option to Extend Term City shall have the sole option to extend the Term of this Agreement up to twenty-four (24) months following the Agreement Term under Section 2.4. The City may, upon at least ninety-day (90-day) advance written notice to the Contractor prior to the expiration of the Term of this Agreement, exercise this extension option. This extension period shall terminate, upon the earlier of: (i) the expiration of the aforementioned twenty-four (24) months, or (ii) the date City instructs Contractor that the contact will end, provided written notice of termination is provided to Contractor by City at least ninety (90) days prior to this termination date. 2.6 Representations and Warranties of Contractor Contractor hereby covenants, represents, and warrants the following to City for the purpose of inducing City to enter into this Agreement and to consummate the transaction contemplated hereby, all of which shall be true as of the date of this Agreement and as of the Effective Date: a) Contractor is validly existing as a corporation under the laws of the State of California. b) Neither the execution of this Agreement nor the delivery by Contractor of services nor the performance by Contractor of its obligations hereunder: (1) conflicts with, violates or results in a breach of any applicable law; (2) conflicts with, violates or results in a breach of any term or condition of any judgment, March 20, 2013 -16-City of Hermosa Beach decree, agreement (including, without limitation, the certificate of incorporation of Contractor) or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound, or constitutes a default under any such judgment, decree, agreement or instrument; or (3) will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of Contractor. c) There is no action, suit or other proceeding as of the date of this Agreement, at law or in equity, or to the best of Contractor's knowledge, any investigation, before or by any court or governmental authority, pending or threatened against Contractor which is likely to result in an unfavorable decision, ruling or finding which would materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by Contractor in connection with the transactions contemplated hereby, or which could materially and adversely affect the ability of Contractor to perform its obligations hereunder or which would have a material adverse effect on the financial condition of Contractor. This provision may be waived by the City acting through its City Manager. d) Contractor has no knowledge of any applicable law in effect as of the date of this Agreement that would prohibit the performance by Contractor of this Agreement and the transactions contemplated hereby. e) Contractor has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding this Agreement and the work to be performed by it, and is satisfied that those conditions and circumstances will not impair its ability to perform the work and provide the Collection services required by this Agreement. f) The information supplied by Contractor in all submittals made in connection with negotiation and execution of this Agreement, including all materials in Exhibits of this Agreement, and all representations and warranties made by Contractor throughout this Agreement are true, accurate, correct and complete in all material respects on and as of the Effective Date of this Agreement. Inaccuracies in Contractor's Proposal, such as material omissions of past and pending litigation as requested under the Request for Proposals through which this Agreement was procured, are grounds for termination of this Agreement. March 20, 2013 -17-City of Hermosa Beach g) Contractor's representative, designated in Section 5.2.3, shall have authority in all daily operational matters related to this Agreement. City may rely upon action taken by such designated representative as action of Contractor unless the actions taken are not within the scope of this Agreement. 2.7 Conditions to Effectiveness of Agreement The satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City in writing, is a condition precedent to the effectiveness of this Agreement: a) Accuracy of Representations . All representations and warranties made by Contractor and set forth in this Agreement shall be accurate, true and correct on and as of the Effective Date. b) Absence of Litigation. There shall be no litigation pending in any court challenging the award of this Franchise to Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance. This provision may be waived by the City, acting through its City Manager . c) Furnishing of Insurance and Bond. Contractor shall have furnished evidence of the insurance and bonds required by Article 9, and shall comply with all ongoing requirements relating thereto. d) Contractor shall have paid the contracting fee to City, as provided in Section 3.1. 2.8 Delegation of Authority The administration of this Agreement by City shall be under the supervision and direction of City Manager's office and the actions specified in this Agreement, unless otherwise stated, shall be taken by the City Manager. This section shall in no way be interpreted to obviate required City Council action if so provided in the Hermosa Beach Municipal Code. 2.9 Limitations to Scope Notwithstanding any provision to the contrary contained herein, the exclusive franchise, right and privilege to provide Solid Waste Handling Services at Premises within City granted to Contractor by this Agreement specifically excludes the following March 20, 2013 -18-City of Hermosa Beach services, which services may be provided by Persons other than Contractor and which may be the subject of other permits, licenses, franchises or agreements issued or entered into by City: a) The sale or donation of Source-Separated Recyclable Material by the Waste Generator to any Person or entity other than Contractor; provided, however, if the Generator is required to pay monetary or non-monetary consideration for the Collection, transportation, transfer, or processing of Recyclable Material, even if the Generator receives a reduction or discount in price (or in other terms of the consideration the Generator is required to pay), the transaction shall not be considered a sale or donation; b) Solid Waste, including Recyclable Materials and Green Waste, which is removed from any Premises by the Waste Generator, and which is transported personally by such Generator (or by his or her full-time employees) to a processing or Disposal Facility in a manner consistent with all applicable laws and regulations; c) Green Waste removed from a Premises by a gardening, landscaping, or tree trimming contractor, utilizing its own equipment, as an incidental part of a total service offered by that contractor, rather than as a hauling service; d) The Collection, transfer, transport, Recycling, processing, and disposal of animal remains from slaughterhouse or butcher shops for use as tallow; e) The Collection, transfer, transport, Recycling, processing, and disposal of by- products of sewage treatment, including sludge, sludge ash, grit and screenings; f) The Collection, transfer, transport, Recycling, processing, and disposal of Hazardous Substances, Hazardous Waste, Household Hazardous Waste and radioactive waste regardless of its source; g) The Collection transfer, transport, Recycling, processing, and Disposal of Construction and Demolition Debris; h) The Collection of Refuse and/ or Recyclables from public litter Containers (see Section 4.5.2 and Exhibit 4); i) The Collection, transfer, transport, Recycling, processing, and Disposal of Solid Waste generated from City-owned and/ or operated premises, public works March 20, 2013 -19-City of Hermosa Beach projects, City-sponsored events or other City-related activities, by City through City officers or employees in the normal course of their City employment; and, j) Solid Waste Handling Services for governmental agencies other than City, which may have facilities in City, but over which City has no jurisdiction in connection with the regulation of Solid Waste. The exclusive franchise, right and privilege to provide Solid Waste Handling Services within City granted to Contractor by this Agreement shall be interpreted to be consistent with all applicable state and federal laws, now in effect and adopted during the term of this Agreement, and the scope of this Agreement shall be limited by all applicable current and developing laws and regulations. In the event that future interpretations of current law, future enactments or developing legal trends limit the ability of City to lawfully grant Contractor the scope of services as specifically set forth herein, Contractor agrees that the scope of this Agreement will be limited to those services and materials which may be lawfully provided, and that City shall not be responsible for any lost profits claimed by Contractor as a result thereof. 2.10 City's Right to Direct Changes 2.10.1 General City may direct Contractor to perform additional services (including new Recycling or other Diversion programs, additional Solid Waste processing, etc.) or modify the manner in which it performs existing services or Bills for services. Pilot programs and innovative services which may entail new Collection methods, and different kinds of services and/ or new requirements for Waste Generators are included among the kinds of changes which City may direct. Contractor acknowledges that State law may increase the Diversion requirement during the term of this agreement and Contractor agrees to propose services to meet such Diversion requirements. Contractor shall be entitled to an adjustment in its Contractor Compensation for providing such additional or modified services, including a profit factor equal to ten percent (10%) of the incremental cost of such additional or modified services. City may utilize cost components included in the Contractor's Proposal in calculating equitable rate adjustments. If City and Contractor cannot agree on compensation for new or additional services within ninety (90) days from the date City first requests a proposal from Contractor, then City may contract March 20, 2013 -20-City of Hermosa Beach with other parties for such services, which shall be considered exempt from the exclusivity provisions of Section 2.1. 2.10.2 New Diversion Programs Contractor shall present, within thirty (30) days of a request to do so by City, a proposal to provide additional or expanded Diversion services. The proposal shall contain a complete description of the following: • Collection methodology to be employed (equipment, manpower, etc.). • Equipment to be utilized (vehicle number, types, capacity, age, etc.). • Labor requirements (number of employees by classification). • Type(s) of Containers to be utilized. • Type(s) of material to be Collected. • Provision for program publicity/ education/ marketing. • One-year projection of the financial results of the program1s operations in an operating statement format, including documentation of the key assumptions underlying the projections, and the support for those assumptions. 2.11 Ownership of Solid Waste City and Contractor understand and agree that it is Contractor, and not City, who will arrange to Collect Solid Waste, that City has not, and, by this Agreement does not, instruct Contractor on its Collection methods, nor supervise the Collection process; nor do the Parties intend to place title to Solid Waste Collected by Contractor in City. Rather, the Parties intend that whatever, if any, title in and to the Solid Waste that is Collected by Contractor which otherwise might exist in or with City in the absence of this Agreement is hereby transferred to Contractor; and further that if Contractor gains title to such Solid Waste it is by operation of law and agreement with its Customers and is not the result of this Agreement. Subject to the provisions of this Agreement, and unless City exercises its rights to direct the location for Disposal and processing of Solid Waste, Contractor shall have the right to retain, Recycle, process, dispose of, and otherwise use Solid Waste Collected pursuant to the terms hereof in any lawful fashion March 20, 2013 -21-City of Hermosa Beach or for any lawful purpose; and, further, shall have the right to retain any benefit resulting from its right to retain, Recycle, process, dispose of, or reuse the Solid Waste which it Collects. City's right to redirect Solid Waste is not intended to impact Contractor's right to retain Recyclables revenue pursuant to Section 4.2.4 of this Agreement. Ownership of Solid Waste shall transfer to Contractor when Customer places it at point of Collection. Pursuant to Section 4.8, City reserves the right to designate the Solid Waste Facilities, including the Disposal Sites, to be used by Contractor. If City directs Contractor to a Facility other than a Solid Waste Facility chosen by Contractor (or directs Contractor to change the amount of Solid Waste being delivered to a Facility), and in doing so it adversely affects the ability of Contractor to meet either or both of the requirements of Section 4.2.5 and/ or Section 9.4, then in this event the City and Contractor shall meet and confer and mutually agree on revised obligations for Sections 4.2.5 and 9.4. In addition, if any such exercise by City serves to significantly change Contractor's cost of Disposal, processing and transportation of Solid Waste, rates may be equitably adjusted. 2.12 Contractor Status Contractor represents and warrants that it is duly organized, validly existing and in good standing under applicable laws. It is qualified to transact business in the State of California and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement. 2.13 Contractor Authorization Contractor represents and warrants that it has the authority to enter into and perform its obligations under this Agreement. The Board of Directors or partners of Contractor (or the shareholders, if necessary) have taken all actions required by law, its articles of incorporation, its bylaws or otherwise to authorize the execution of this Agreement. The Persons signing this Agreement on behalf of Contractor have authority to do so. Contractor shall authorize one employee for the City as a single point of contact for issues arising under this Agreement, and Contractor acknowledges and agrees that City may expect and assume that this employee's actions are taken on behalf of and with the full approval of the Contractor. March 20, 2013 -22-City of Hermosa Beach 2.14 Permits and Licenses Contractor shall acquire and maintain all necessary permits and licenses for the Collecting, transporting, processing, and storing of Solid Waste including Recyclables, disposing of Solid Waste, and the Recycling of Recyclables as required under this Agreement. Failure to maintain all required permits shall be deemed a material breach of contract for which City may terminate this Agreement as provided in Section 11.1. Contractor must follow requirements of the Hermosa Beach Municipal Code. March 20, 2013 -23-City of Hermosa Beach ARTICLE 3 FEES PAID TO THE CITY In addition to any other consideration set forth herein, as part of its consideration for entering into this Agreement, and for the exclusive franchise, right and privilege to provide Solid Waste Handling Services as specified herein, Contractor shall provide the following: 3.1 Contracting Fee Contractor shall pay to City a "Contracting Fee" in a one-time lump sum payment of One Hundred Fifty Thousand Dollars ($150,000) within seven (7) days of execution of this Agreement to reimburse the City for costs it incurred in connection with entering this Agreement. 3.2 Collector Fee In consideration of the exclusive Franchise granted pursuant to this Agreement, the Contractor shall pay to the City a "Collector Fee," equal to 10% of the Gross Receipts, net of AB 939 fees, received by Contractor. See Section 3 .5 for submittal requirements. 3.3 Administrative Fee To cover the cost of administering and managing the Franchise, the Contractor shall pay to the City an annual Administrative Fee in the amount of Fifty Thousand Dollars ($50,000), one twelfth of which to be paid monthly in accordance with Section 3.5. The Administrative Fee shall be adjusted annually, beginning with the January payment, by the percentage change in the Consumer Price Index for all Urban Customers (CPI-U), all items less food and energy -US City average for the twelve (12) month period ended the prior September. See Section 3.5 for submittal requirements. 3.4 AB 939 Fee In order to support City's recycling efforts, Contractor shall remit to City an AB 939 Fee in an amount equal to twenty-five cents ($0.25) per Residential Cart/Can Customer per month, and twenty-five cents ($0.25) per cubic yard of Refuse collected for all other Customers, including Multi-Family Bin, Commercial Cart, Bin and Can and Roll-Off March 20, 2013 -24-City of Hermosa Beach Box Customers, for both permanent and temporary services, but excluding source separated Recyclable Material Collection. See Section 3.5 for submittal requirements. See approved rate schedule for AB 939 fees by service level. An example calculation of the monthly AB 939 Fee for a Bin Customer is as follows: a three (3) cubic yard Bin Collected five (5) times per week will result in an AB 939 fee of $16.25 per month ($0.25 per cubic yard x 3 cubic yards x 5 times per week x 4.33 weeks per month). 3.5 Timing and Submittal of Monthly Fee Payments On or before the fifteenth (15th) day of each month during the Term of this Agreement, Contractor shall remit the Collector Fee and the AB 939 Fee based upon services provided to City the previous month, and one-twelfth of the annual Administrative Fee. If the fees are not paid on or before the fifteenth (15th) day of the month, Contractor shall, along with fee payment, pay the maximum interest rate permitted by law on any balance not paid by the due date. Contractor shall prepare and submit a fee payment statement with each fee payment that includes receipts by sector and supporting fee calculations for each fee. Note that, as the Collector and AB 939 Fees are paid based upon the prior month's services and receipts, a payment will be due the month following termination of the Agreement. This will not apply to the Administrative Fee, which is payable each month beginning July 2013. 3.6 Future Fees In the event that City implements a new fee in compliance with all legal requirements such as Proposition 218 (including an increase in the Collector Fee percentage, or the AB 939 fee dollar amount), Contractor shall be entitled to a rate adjustment in an amount sufficient to recover the fee from Customers. City may elect to have Contractor pay monthly, or on another schedule as City identifies. City may set deadlines and late fees, and additional fees would be subject to audit. March 20, 2013 -25-City of Hermosa Beach ARTICLE4 DIRECT SERVICES 4.1 Refuse 4.1.1 General The work to be done by Contractor pursuant to this Agreement shall include, but not be limited to, the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services required. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve Contractor of the duty to furnish all others, as may be required, whether enumerated elsewhere in the Agreement or not. The work to be done by Contractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that all Customers are provided reliable, courteous and high-quality Solid Waste Handling Services at all times. The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner provided in this section, whether such other aspects are enumerated elsewhere in the Agreement or not. 4.1.2 Residential Cart/Can Refuse Collection Contractor will supply each Residential Refuse Cart Customer with 96, 64, 32 or 20- gallon Refuse Cart(s), as requested by Customer as described in Section 4.4.1.1. Residential Customers shall be charged based upon the number and size of Refuse Carts requested. Should a Residential Customer require more than one (1) 20-gallon Refuse Cart to contain all Collected Refuse, then the Residential Customer shall be required to convert to a larger Cart at the applicable rates. Alternative "Can" Service -Residential Customers who cannot accommodate Carts due to space constraints and/ or conditions otherwise preventing the use of Carts will continue to receive service using Contractor-provided Refuse Containers, such as Cans, bags or boxes, for an equivalent monthly fee based on Container size; this form of service shall be called "Can" service. If Contractor and Customer cannot agree on whether Can service is necessary, the City Manager shall make the final determination. March 20, 2013 -26-City of Hermosa Beach Residential Customers that receive Can service in the form of barrels may request, and Contractor shall supply, barrels with both lids and wheels to facilitate ease of movement by Customers. Contractor shall Collect Refuse delivered for Collection in accordance with this section not less than once per week. The designated Collection location of Containers, if disputed by the Customer or the Contractor, shall be determined by the City. Additionally, if in the City's opinion the existing Collection location is inappropriate, the City may require the Customer and/ or the Contractor to relocate the Collection location. 4.1.3 Refuse Cart/Can Overage Residential Cart Customers may periodically generate more Refuse than will fit in the Refuse Cart(s)/Can(s). Residential Customers are therefore entitled to six (6) annual pickups per calendar year of material that does not fit in the Refuse Cart(s) at no additional charge. One pickup shall consist of up to the equivalent of three (3) large bags, boxes or barrels of Refuse. Additionally, Contractor shall Collect all additional Refuse placed out for Collection in the Residential Customer's own Containers (bags, barrels, etc.) at no additional charge for two (2) weeks beginning each December 26. This service is limited to Refuse that could otherwise be placed in the Refuse Cart or Cans, and not Bulky Items which are Collected in accordance with Sections 1.6 and 4.1.15. Residential Customers may be charged per pickup in accordance with the approved rate schedule for overage pickups exceeding six (6) per year and outside the two-week period beginning December 26. Commercial Customers may request Cart overage Collections in accordance with the approved rate, but are not entitled to free overage collections. 4.1.4 Walk-Out Service Walk-Out Service means that Contractor will remove Refuse, Recyclable and Green Waste Carts and, if applicable, Customer-provided Containers from Customer's storage area, place them out for Collection, and return Carts and Customer-provided March 20, 2013 -27-City of Hermosa Beach Containers to Customer's storage area after Collection, ensuring that all doors or gates are closed securely. Contractor shall provide disabled Residential (excluding Bin) Customers with Walk- Out Service at no additional charge. In order to qualify as disabled under this Section, Customers must provide evidence that they are physically unable to move the Containers, such as a doctor's note, or must otherwise obtain approval to receive such services from the City. Additionally, Walk-Out Service need not be provided if an able- bodied person resides with the disabled Customer. Customers may be asked periodically, but no more than once per year, to sign an affidavit that no able-bodied residents reside at the Premises. Able-bodied Customers may request Walk-Out Service for an additional charge in accordance with the approved rate schedule. 4.1.5 Bin Refuse Collection Contractor shall provide Bin Service to Residential Customers not receiving Cart or Can service, and Commercial Customers. Contractor shall Collect and remove all Refuse that is placed in Bins at least once per week, and more frequently if required to handle the waste generated at the Premises where the Bins are located. If Contractor and Customer dispute applicable service levels, City shall make final determination as to the number and size of Containers, and frequency of Collection to be provided to Customers. Special consideration shall be given when determining the pickup areas to ensure that the flow of traffic is not impeded. Contractor shall provide 1, 1.5, 2, 3, 4, 6 and 8 cubic yard Bins upon request. Contractor will service Bins equipped with compaction devices or "compactors" that attach to the Bins. The provision of the compaction device itself is outside of this Agreement. 4.1.6 Commercial Premises Cart Service Contractor shall offer Collection in 32, 64 or 96-gallon Refuse Carts to Customers at Commercial Premises that do not have space for a Bin. If Contractor and Customer have a disagreement as to whether a Refuse Cart is appropriate, or if City determines the Collection in a Refuse Cart causes health and safety or other concerns, City shall make the final determination as to whether Collection in a Refuse Cart may occur. March 20, 2013 -28-City of Hermosa Beach 4.1.7 Overflowing Bins and Carts Customers that regularly produce more Refuse than their current level of service can accommodate may have their service level increased in accordance with the following procedure. Containers may be considered overflowing if Solid Waste rises above the top of the Container sufficiently that it is likely to fall out of the Container. First Incident in Three Month Period -If more material is placed for Collection than fits in a Containers (unless Collection of overage has been properly arranged under Section 4.1.3), Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer (at both the service and billing addresses) the picture and a letter instructing that additional instances may result in an increase in the level of service. Second Incident in Three Month Period -Upon the second event of an overfilled Container (unless Collection of overage has been properly arranged under Section 4.1.3) in a three-month period, Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer the picture and a letter instructing that a third incident in that same three month period may result in an increase in the level of service. Third Incident in Three Month Period-Upon the third event of an overfilled Containers (unless Collection of overage has been properly arranged under Section 4.1.3) in a three-month period, Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer the picture and a letter requesting that Customer increase its service level. If the Customer declines, Contractor may petition City to permit Contractor to increase the service level to accommodate the higher demand for service. City approval is required prior to increasing a Customer's service level without prior Customer consent. 4.1.8 Temporary Bin Service Contractor shall provide exclusive temporary Bin Service to Customers upon request. Contractor must deliver a temporary Bin to a Customer within forty-eight (48) hours of request (Sundays and holidays identified in Section 4.6.1.1 excluded). Rates for temporary Bin Service are listed separately in the approved rate schedule. March 20, 2013 -29-City of Hermosa Beach 4.1.9 Scout Vehicles Scout vehicles are defined as vehicles that transport a Solid Waste Container to and from the point of Collection by a Collection vehicle. Customers receiving scout truck service immediately prior to the start of service under this Agreement will continue to receive this service as identified in Exhibit 8 . Contractor may continue to charge existing scout service Customers for this service, if it is operationally required to service the Bin. Contractor may add Customers to this service if the Bin cannot otherwise be positioned for Collection or if the service is requested by the Customer, or remove Customers from the scout route, in accordance with the approved rate schedule. In the event of a disagreement, the City shall make the final decision. 4.1.10 Bin Push-out Service Contractor shall maneuver Customers' Bins to the point of Collection, and return the Bins to Bin enclosures or other storage locations. Company may only charge a push-out fee, included in the approved rate schedule, if the push-out distance is at least ten (10) feet from the front of the enclosure or other storage location to the point on the Bin closest to the storage location when positioned for Collection, and that this point of Collection is as close to the storage location as operationally feasible. If it is operationally feasible for the route Collection vehicles to Collect at a location close enough that this measurement does not reach ten feet, a fee will not be applied. In accordance with Exhibit 2, if a fee is permitted per this section, it may be applied for each fifty (50) feet the Bin must be moved; charged once for ten (10) to fifty (50) feet, twice for fifty-one (51) to one hundred (100) feet, etc. Application of this fee to Customers not already being charged is subject to written approval of the City. A push-out and a scout charge may not both be applied for servicing the same Bin. 4.1.11 Locking Bins Contractor shall provide locking Bin Service (including providing the hasp and lock and servicing the lock) to Customers that request such service in accordance with the approved rate schedule. March 20, 2013 -30-City of Hermosa Beach 4.1.12 Roll-off Box Service Contractor shall provide exclusive permanent and temporary Roll-off Box Collection service upon request. Contractor must deliver a temporary Roll-off Box to a Customer within forty-eight (48) hours of request (Sundays and holidays identified in Section 4.6.1.1 excluded). Contractor will provide standard 10, 30 and 40-cubic-yard standard Roll-off Boxes. The provision of compactor Roll-off Boxes, which are enclosed Containers attached to a compaction devise, is not included in this Agreement. Providing service to such compactor Roll-off Boxes is included. Roll-off Box service shall be Billed at a pull plus dump rate, meaning a flat rate for service plus a per ton rate for the Solid Waste Collected. Customer may be charged a per ton overweight charge for each ton over ten (10) in any Roll-Off Box load. If Contractor can determine that a load is greater than ten (10) tons prior to Collection, Contractor may instruct Customer to reduce the load to no more than ten (10) tons. 4.1.13 Extra Assistance in High Solid Waste Generating Commercial Areas Areas of the City, particularly the Downtown Area, receive a significant increase in Solid Waste disposal on holiday weekends when Collection service might otherwise be postponed. In the Downtown Area (see Exhibit 9), Contractor shall continue Collection despite holidays, shall provide extra pickups as needed to minimize overflowing Containers, and maintain cleanliness in and around Bin enclosures and Solid Waste Containers. Contractor shall proactively work with Customers to plan for surges in Solid Waste generation. Contractor shall work with Customers to minimize overflow from Bins and into enclosures on an ongoing basis. 4.1.14 Shared Solid Waste Downtown Compactor Facility and Porter Service Customers in the Downtown Compactor Facility Service Area share Solid Waste Container(s) due to space constraints on using individual Collection Containers and must utilize the Compactor Facility for solid waste collection. March 20, 2013 -31-City of Hermosa Beach Contractor shall monitor and control access to the shared solid waste facility. Additional collection containers, such as for grease collection, may be housed in this Facility, and access will be provided to Customers paying for the shared Collection service and to third parties hired to provide collection of grease or other materials from the enclosure. Contractor is responsible for enclosure cleanliness and shall steam clean this enclosure, in accordance with all National Pollution Discharge Elimination System (NPDES) regulations, reclaiming and properly removing for disposal water, a minimum of three times per week, or more frequently if needed to control cleanliness of enclosure. Contractor is responsible for monitoring and maintaining cleanliness of adjacent areas used to place other Solid Waste Containers, including Recycling Bins. A. Shared Solid Waste Containers in Downtown Compactor Facility Service Area Prior to Construction of Downtown Compactor Facility a) Prior to construction of new Downtown Compactor Facility, businesses in the Downtown Compactor Facility Service Area utilizing the shared solid waste containers in the existing non-automated enclosure shall continue bringing solid waste to the enclosure for Collection. Rates shall be charged based on generation level data from previous hauler. b) When construction on new Downtown Compactor Facility begins, Contractor shall also provide a secured temporary staging area that will serve to provide trash collection services during the construction process. The Contractor shall have a designated representative to coordinate disposal operations during the construction process. c) Access and Cleaning-Contractor shall monitor and control access to the shared solid waste facility. Additional collection containers, such as for grease collection, may be housed in this Facility, and access will be provided to Customers paying for the shared Collection service and to third parties hired to provide collection of grease or other materials from the enclosure. Contractor is responsible for enclosure cleanliness and shall steam clean this enclosure, in accordance with all National Pollution Discharge Elimination System (NPDES) regulations, reclaiming and properly removing for disposal water, a minimum of three times per week, or more frequently if needed to control cleanliness of enclosure. Contractor is responsible for monitoring and maintaining cleanliness of adjacent areas used to place other Solid Waste Containers, including Recycling Bins. March 20, 2013 -32-City of Hermosa Beach B. Shared Solid Waste Containers in Downtown Compactor Facility Service Area After Construction of Downtown Compactor Facility a) Porter Service. Porter service is the provision of Contractor employee(s) to operate and maintain the Downtown Compactor Facility. Contractor may assess fees for porter service in accordance with the approved rate schedule. This fee shall represent full compensation for the porter service. Contractor shall be responsible for dividing the porter service fee among Customers based on level of generation, which will, at a minimum, be done at the start of service, each time there is a change in the amount of the fee, and if requested by City. Contractor shall maintain records of level of generation and Collection of Solid Waste at participating businesses, and shall update the records, at a minimum, once a year, and each time the City requests a report or there is a change in tenants that may significantly alter the distribution of Collection efforts. City may request an increase or decrease in the customer base receiving porter service, may add additional enclosures, or make other service adjustments; if such service changes make a significant impact in the cost of providing service, the porter service fee shall be adjusted to reflect the actual change in costs. b) Cost Allocation. Only costs included on the approved rate schedule and as provided in this section, and the new Downtown Compactor Facility construction cost and utilities as described in Section 4.12, may be charged and allocated by Contractor. Contractor shall determine shared Container Collection costs in accordance with the approved rate schedule and shall allocate the cost to participating Customers based upon usage. This allocated Solid Waste Collection fee shall be identified on the Customer's invoice separately from the allocated porter service fee. March 20, 2013 In addition to rates for Collection services under the approved rate schedule, businesses in the Downtown Compactor Facility Service Area utilizing the Downtown Compactor Facility described in Section 4.12 may also be charged for utility services and lease of the compactor. Utility services for said Facility operation may be charged, including Gas, Water, and Electric service. Gas may be employed for the provision of hot water service. Electrical service will be required for lighting, and operation of compactors, roll- -33-City of Hermosa Beach up doors, and miscellaneous equipment. Water will be required for operation and cleaning of facilities. The cost of leasing the compactor may be charged to participating businesses provided City provides written approval of the amount based on documentation of cost of the lease. The Facility will also include a confined area for the installation of an above- ground grease receptacle, providing a means for disposal of used restaurant grease. While Contractor does not provide the grease collection service, Contractor shall keep the grease collection area clean. Contractor shall also be responsible for operation and maintenance of facility's grease clarifier. These Downtown Compactor Facility costs shall be proportionally allocated amongst the participants in the same manner that the other Facility costs are proportioned among the participating businesses (see above), and shall be charged on the businesses' monthly billing statements. c) Dispute over Allocation of Fees and Costs. If Customer and Contractor dispute the allocation of porter fees or shared Solid Waste Collection costs, Contractor shall provide Solid Waste Collection reports to the City Manager identifying the estimated quantity of Solid Waste Collected by Customer versus total Solid Waste Collected, based upon capacity, and the City Manager's determination as to the allocation shall be final. Reallocation of these costs among Customers shall be done only upon request by, or with the approval of, the City. Reasons for reallocation may include a significant shift in the waste stream due to a change in mix of Customers or vacancy. d) Dispute over Participation in Shared Downtown Compactor Facility Collection and Porter Service. If there is a dispute between a Customer and Contractor as to whether a business is to participate in porter service and in sharing Collection services and service costs, or if the City Manager otherwise determines a change is warranted for health and safety or other reasons, City Manager shall make the final determination as to participation. March 20, 2013 -34-City of Hermosa Beach 4.1.15 On-Call Bulky Item Pickup Contractor shall provide Bulky Item pickup service to all Residential Customers (including Cart, Can and Bin Customers) on a regularly scheduled collection day. While Contractor may request Customers to call in Bulky Item pickups, Contractor shall ensure all items placed for Collection are picked up whether or not call has been placed. If it is unclear to the driver whether an item was intended for Collection, Contractor may contact Customer for confirmation prior to collecting the item(s). If Contractor is unable to contact the Customer or unable to receive conformation prior to Collecting the item(s), Contractor will assign the Bulky Item(s) to the physical address in which the item(s) was placed. If there is a dispute between Contractor and Customer as to whether a Bulky Item Collection is to be assigned to a particular Customer, City will make the final determination. Each Residential Customer shall be entitled to two (2) Bulky Item pickups per dwelling unit per calendar year at no additional charge. Customers may put out up to three (3) cubic yards at each pickup. Contractor shall Collect all Bulky Items as defined in Section 1.6 including items referred to as Electronic Waste. The following provisions shall apply to this program: • No single item that cannot be handled by two (2) workers will be accepted. • The following items will not be picked up: Hazardous Substances, Hazardous Waste, including waste oil or anti-freeze. (For the purposes of this section, universal wastes such as fluorescent bulbs, household batteries, and televisions, monitors and other items referred to as Electronic Waste are not considered hazardous and will be Collected by and disposed of in accordance with this section as well as Sections 4.1.16 and 4.1.17 by Contractor.) Residential Customers that exceed the number of free Bulky Item pickups, and all Commercial Customers, may receive Bulky Item Collection under the same terms for a fee, in accordance with the approved rate schedule in Exhibit 2. March 20, 2013 -35-City of Hermosa Beach 4.1.16 Bulky Item Diversion Bulky Items Collected by Contractor in accordance with Section 4.1 .15, 4.1.17 and 4.5.6, or otherwise Collected under this Agreement, may not be landfilled or disposed of until the following hierarchy of Diversion efforts has been followed by Contractor: 1) Reuse as is; 2) Disassemble for reuse or Recycling; 3) Recycle; 4) Dispose. This hierarchy is intended to preclude the use of front or rear loading packer vehicles for Bulky Items, unless the compaction mechanism is not used to compact the Bulky Items, unless such items have been designated for Disposal. 4.1.17 Disposal of Electronic and Other Special Wastes Contractor shall divert waste requiring special handling, such as Electronic Waste Collected in accordance with Sections 4.1.15, 4.1.16 or 4 .5.6, or by other means under this Agreement, by taking these goods to a properly permitted Facility, and not by landfilling. Contractor may encourage Customers through public education materials to bring small items requiring special handling, such as fluorescent bulbs or batteries, to a local HHW drop-off center, but will properly process such material received through the provision of services under this Agreement at no additional charge. 4.1.18 Optional On-Call Household Hazardous Waste Collection and Disposal Contractor shall implement a door-to-door HHW Collection program if requested by City within ninety (90) days of such a request. Contractor shall receive a rate increase, as specified in the approved rate schedule, of $0.45 per dwelling unit per month, applicable when the service becomes available to Residential Customers. Prior to program implementation, this $0.45 shall be recalculated to include the annual percentage rate increases approved by the City for the monthly Residential Cart Collection rate. For billing purposes, the City may direct Contractor to either add this HHW charge in with the monthly Residential Collection rate, or itemize the fee as a separate cost item on the invoice. March 20, 2013 -36-City of Hermosa Beach If the City chooses to implement the door-to-door HHW Collection, City and Contractor shall meet and confer prior to implementation of this program to determine the frequency, or to establish the pre-scheduled days for door-to-door HHW collection. These pre-scheduled days can be set at up to twice per month, based on the needs of the City. Residents will call Contractor to be placed on the route for the next pre-scheduled HHW Collection day. During this call, the residents shall receive instructions as to where, when and how to place the items for Collection. Items to be Collected shall include, at a minimum: Sharps, non-controlled pharmaceuticals, paint, oil, chlorine, pool acid, pesticides, household batteries, fluorescent bulbs, and other household chemicals. If the City elects to provide City-wide drop-off events instead of individual door-to- door Collection of HHW, in addition to provisions allowing e-waste to be included as part of Bulky Item pick-up, for no more than the same cost per dwelling unit per month, Contractor shall promote and conduct two City-wide HHW drop-off events per year. Contractor shall be responsible for securing an in-City location and for all associated event costs. Contractor may schedule the drop-off events in conjunction with the Shred Day events described in Section 4.1.20. These events would be separate from, and in addition to, any events conducted through Los Angeles County programs. Subject to City approval, Contractor may use a third-party vendor for such services, provided Contractor remains fully responsible for services provided by, and any payment to, such party. Contractor is responsible for ensuring that the vendor providing HHW Collection and proper disposal services under this section maintains all of the proper permits and insurance to provide such service. 4.1.19 Restaurant Food Waste Program Option City may require Contractor to conduct a Restaurant Food Waste diversion pilot program upon request, at no additional charge. 4.1.20 Document Shredding Contractor will conduct two (2) shredding events per calendar year, on City-approved days, at a City-provided location at no additional cost. City will inform Contractor of the time at which each event will begin, and each event shall last for eight (8) hours. Contractor shall be on-site for a sufficient time before and after the event to set up and clean up. Contractor shall provide staff and equipment to Collect all paper delivered by March 27, 2013 -37-City of Hermosa Beach anyone that resides or operates a business in the City. Contractor will shred paper in manner that guarantees confidentiality and destruction of the documents, and diverts the shredded material from landfilling. Contractor will publicize the event through its mailers, contacting local business groups and placing local ads. Contractor shall provide monthly document shredding services for City facilities . Multiple sites may require servicing each month and Contractor is responsible for visiting each City facility in need of the service. 4.2 Recycling 4.2.1 Residential Cart/Can Recycling Collection Contractor shall provide all Customers receiving Cart/ Can Refuse Collection with a 96, 64 or 32-gallon Cart for Collection of Recyclable Materials ("Recycling Cart(s)"), and shall Collect all Recyclable Materials placed therein for Collection not less than once per week. Contractor shall Collect Recyclable Materials from each Customer on the same day as Customers' Refuse Cart/ Can is Collected. Residential Customers who cannot accommodate Carts due to space constraints and/ or conditions otherwise preventing the use of Carts shall continue to receive service using Contractor-provided Blue Cans ("Recycling Cans"). Recycling collection will be provided at no charge to the Residential Cart/ Can Customers. Customers that regularly fill their Recycling Cart(s)/Can(s) may request additional Recycling Cart(s)/Can(s) at no additional charge. Contractor shall have a Recycling program whereby it, at a minimum, Collects all materials that can be recovered at the local processing Facility used by Contractor. Contractor will update public education materials accordingly as new items are added to those recovered by the Facility. 4.2.2 Commercial Recyclables Collection 4.2.2.1 Source Separated Recycling Contractor shall provide Recycling services to Multi-Family Bin and Commercial Customers at rates no higher than 50% of comparable Refuse Collection rates for the same size Container and Collection frequency, in accordance with the approved rate schedule. Commercial Recyclables in Carts shall be collected on the Residential March 27, 2013 -38-City of Hermosa Beach Recyclables Cart route, and Recyclables in Bins may be Collected with mixed waste from Refuse Bins provided all such material is processed to recover Recyclables. As Commercial Recyclables tonnage will be co-Collected with other waste streams, Contractor shall provide an allocation of such tonnage on its tonnage reports, and provide allocation support upon request. Contractor shall assist the City in meeting mandatory Commercial Recycling program requirements at no additional charge, including providing reporting that may be required. Contractor shall contact all Bin and permanent Roll-of£ Box Customers within the first twelve (12) months of the Agreement in an effort to establish Recycling programs. Contractor shall provide a reporting of these contacts, including whether a Recycling program was implemented as a result, and/ or if the Customer indicated it already has a Recycling program in place, either through Contractor or a third party, and any other information that may assist the City in meeting the State's mandatory Commercial Recycling program requirements. Upon request, Contractor shall provide City with a list of Residential Bin Customers, and all Customers generating the State's threshold for participation in mandatory Commercial Recycling (currently four-cubic-yards or more of Solid Waste generated per week), that do not subscribe to a Recycling program offered by Contractor or, if known, a third-party. 4.2.2.2 Downtown Compactor Facility Solid Waste Processing Contractor shall process all Solid Waste Collected from the Downtown Compactor Facility, removing non-compostables and composting the remainder of the Solid Waste for diversion credit. 4.2.2.3 Bin and Roll-Off Waste Processing Contractor shall send to a MRF for processing all Solid Waste Collected in Bins and Roll-Off Boxes not covered under Section 4.2.2.2 to recover Recyclables prior to landfilling. 4.2.3 Warning Notice Contractor shall place a red tag or other warning notice approved by the City on all Refuse, Recyclable Material or Green Waste loads that are contaminated, indicating to March 20, 2013 -39-City of Hermosa Beach the Customer why the load was not Collected and, if applicable, diverted, or if the Recycling or Green Waste Container was sufficiently contaminated that it had to be Collected as Refuse, and providing Contractor's phone number. For Customers with off-site management such as small apartment buildings, Contractor shall also mail a copy of the warning to the Customer's Billing address. Contractor shall notify City on a monthly basis of any warning notices issued pursuant to this section, and shall provide copies of such warnings to City upon request. With prior written City authorization, Contractor may remove Recycling and Green Waste Containers from habitual contaminators that have received a total of three (3) warnings on a Container in any six- month period. Recycling and Green Waste Containers will be returned after six (6) months, or upon direction of the City, or if there is a change of occupancy. Contractor will visually inspect the contents of Residential Refuse Carts and, if significant Recyclable Materials are found, leave a notice educating Customer to better separate Recyclable Materials from Refuse. 4.2.4 Marketing and Sale of Recyclable Materials Contractor shall be responsible for marketing and sale of all Recyclable Materials Collected pursuant to this Agreement. Contractor may retain revenue from the sale of Recyclable Materials, and shall report the amount of such revenues to City upon request. 4.2.5 Minimum Recycling Requirements Contractor shall divert from landfilling a minimum of fifty percent (50%) of all Solid Waste it Collects under this Agreement. Recycling of materials not Collected by the Contractor is not to be counted towards meeting this requirement. For the purposes of this section, diversion includes Recycling, Transformation and other forms of converting Solid Waste into energy to the extent that such diversion is accepted by the State toward meeting the City's diversion goal under AB 939. 4.2.6 Construction and Demolition Debris Diversion Contractor shall divert a minimum of seventy percent (70%) of all Construction and Demolition Debris Collected. Contractor will bring all loads of mixed Construction and Demolition Debris to a construction and demolition debris processing facility for separation and recovery of this material. March 20, 2013 -40-City of Hermosa Beach Contractor shall provide a dedicated customer service representative focused on providing support for construction and demolition projects who will work with each Customer to provide the correct services and service levels that ensure the highest feasible diversion at the lowest cost to the Customer. 4.2. 7 Battery Recycling Drop-Off Contractor shall provide containers at a minimum of four locations, such as City Hall, as identified by City for the drop-off of household batteries by residents. Contractor shall Collect batteries at least monthly, or more frequently if needed, and provide for proper disposal. This program shall be provided at no additional charge to City, rate payers or participants. 4.3 Green Waste Program 4.3.1 Single Family Green Waste Collection Contractor shall provide all Customers receiving Cart Refuse Collection who opt to receive Green Waste service with 96, 64 or 32-gallon Cart(s), as requested, for Collection of Green Waste ("Green Waste Cart(s)"). Green Waste service shall only be provided using Carts, not Cans. See Section 4.4.1 .1 for Cart distribution. Customers shall be charged for Green Waste Cart Collection based upon the number and size of Green Waste Carts requested in accordance with the approved rate schedule. Contractor shall Collect all Green Waste placed in Green Waste Carts, as well as all Green Waste bundled as set forth below, and put out for Collection by Customers paying for service not less than once per week. Contractor shall, at a minimum, Collect and divert the types of Green Waste defined in Section 1.29. Upon closure of the Puente Hills Landfill, Athens will accept and divert from landfilling Food Waste placed in Green Waste Carts, along with Green Waste, with no increase in rates for the addition of Food Waste to the Green Waste program other than the adjustment to Green Waste Cart rates permitted per Section 6.4.4 for the change in Green Waste facilities (from Puente Hills Landfill which could not accept Food Waste in Green Waste to a Facility that does). March 20, 2013 -41-City of Hermosa Beach As soon as, and for as long as, Food Waste is permitted for Collection in the Residential Green Waste Cart, the City's public schools administered by the Hermosa Beach City School District shall have the option of participating in this program at no cost to the City or schools. Contractor shall provide as many Carts to the schools as necessary to Collect their Food Waste, and such Carts shall be Collected on the Residential Green Waste Cart route. Contractor shall only be obligated to Collect Green Waste set out for Collection in bundles if bundles are each a maximum of four (4) feet long and eighteen (18) inches in diameter. Green Waste will be Collected from all subscribing Customers on the same weekday, initially determined to be Tuesday; the selected weekday shall be the day on which Customers with the greatest potential generation of Green Waste have their Refuse and Recyclables Collected, and any change in this day will be mutually agreed to in writing by the City and Contractor. At City's sole discretion, Refuse Cart Customers with Refuse Collection on other weekdays may participate in the Green Waste program at the same rates, placing their Green Waste Carts out for Collection on Green Waste Collection day, or may not be provided the opportunity to opt-in in order to avoid Collection trucks on those Customers' streets on a second Collection day each week. 4.3.2 Holiday Tree Collection Program Contractor shall operate an annual holiday tree Collection program, Collecting all holiday trees placed out for Collection on Collection day by Residential Cart/ Can or Bin Customers for a minimum of three weeks following December 25. After this period, trees will be Collected as Bulky Items under Section 1.6. Trees up to six (6) feet in length will be Collected and diverted without Customers needing to cut them. Contractor may request that Customers with larger trees cut the trees to pieces no longer than six (6) feet. In addition to the above curbside program, Contractor shall provide three (3) roll-off boxes for tree drop-off at City-specified locations during the three (3) weeks following December 25. Contractor will divert all holiday trees from landfilling, with the exception of trees that cannot be diverted due to flocking, tinsel or ornaments. March 20, 2013 -42-City of Hermosa Beach 4.3.3 End Uses for Green Waste Contractor shall divert Green Waste materials Collected through weekly Cart and bundle Collection, and holiday tree Collection from Disposal. Contractor must provide end uses for Green Waste that maximize Diversion credits for City according to regulations established by CalRecycle. Green Waste may be used as alternative daily cover at landfills, or "ADC," only to the extent that the City will get full Diversion credit for its use. Contractor is responsible for monitoring how the Green Waste will be diverted at selected facilities and for selecting alternative facilities if necessary to ensure full Diversion credit. Failure to do so places the Contractor in default. City has the option, but not obligation, to direct Contractor where to deliver the material. 4.3.4 Backyard Compost Program Contractor shall offer composting bins and worm bins to each Residential Customer that requests one, and bill the Customer a co-pay in an amount to be determined by City. Contractor shall obtain written City approval prior to ordering bins, and City may select the bins. The difference between the amount billed to the Customer and the actual cost of the bin to the Contractor (excluding delivery or other associated costs) shall be reimbursed to Contractor by the City. City may inform Contractor as to an annual cap or overall cap on the number to be distributed. At no additional cost, Contractor shall offer composting classes at least twice per year, and will create and make available a brochure that educates Customers on composting. If requested by the City, Contractors will include presentations by nutritional experts and other guest speakers at the compost classes. 4.3.5 Free Compost Give-A-Way Events Contractor shall conduct a compost give-a-way event twice each calendar year at no additional charge. Dates must be approved in advance by the City, which may require Contractor to select alternative dates. Location to be arranged by Contractor, subject to City approval. Contractor shall promote events through its mailings, website and other outlets. Contractor shall provide, at no cost to City, ratepayers or participants, two 40- cubic yard containers of compost to the event. Contractor shall provide sufficient staff to operate the event in an orderly manner and to assist residents in transferring the compost into resident-provided containers. March 20, 2013 -43-City of Hermosa Beach 4.3.6 Free City Compost Contractor shall provide 100 cubic yards of compost per year for City usage at no cost, and offer the City additional compost above this limit at Contractor's cost. Contractor shall deliver compost at locations and times coordinated with City; deliveries may be at multiple locations at different times. 4.3.7 Residential Food Waste Pilot Program Contractor shall provide a three-month pilot program including Residential Green Waste Program Customers, but not less than ten percent (10%) of the City's Residential Refuse Cart Collection Customers, for the Collection and Diversion of Food Waste. The program shall consist of educating participating residents to place Food Waste in their Green Waste Cart(s) for Collection on their regularly scheduled Green Waste Cart Collection day. Contractor shall collect tonnage data from partcipants before and during the pilot program period for comparison, and shall survey participants for feedback on program. This pilot program shall be conducted at no additional cost to City or ratepayers, and will be conducted at a time requested by City. (See Section 4.3.1 for converstion to City-wide Residential Food Waste Diversion program at closure of the Puente Hills Landfill.) The public schools in the City of Hermosa Beach shall be provided the option of participating in this, or any, Food Waste pilot program at no cost to the City or schools. The schools shall be provided sufficient Carts to accommodate the Food Waste generated by the schools. The schools need not add Green Waste to the Carts. 4.4 Container Selection, Distribution and Exchanges 4.4.1 Containers 4.4.1.1 Residential Container Distribution All Carts and Contractor-provided Cans shall be new at the start of service. Contractor shall mail a return postage paid postcard and information describing the new rate structure and Container options to all Residential Customers. Contractor must obtain City approval of post card and information to be sent prior to distribution. Postcard will provide Customers with an opportunity to select the size and number of Refuse Containers, and Recycling and Green Waste Carts to be delivered. March 20, 2013 -44-City of Hermosa Beach If a selection is not made, Customers will receive one 64-gallon Refuse Cart and one 64- gallon Recycling Cart. No Green Waste Carts will be distributed to Customers who did not request one. After initial Container distribution, Customers may request one (1) Container exchange at no charge within the six (6) months of the distribution, and once per year thereafter. After one (1) exchange per year at no charge, Customers may request Container exchanges in accordance with the approved rate schedule. One exchange includes all Container adjustments requested at one time, and multiple Containers and types (Refuse, Recycling, Green Waste as applicable) may be exchanged. In areas where Contractor cannot provide automated service due to right-of-way constraints (see Exhibit 10) and therefore Refuse Carts are not practical, Containers shall be provided by Contractor for Refuse and Recycling. In addition, upon request and/ or when a Customer expresses concern that he/ she cannot accommodate anticipated Carts, Contractor will visit and work with Customers at their residences to demonstrate how the Carts can be stored and wheeled to the point of Collection where operationally feasible. Should Customers not be able to accommodate Carts to be distributed, Contractor shall work with the Customer to provide a Container(s) to meet any legitimate space constraints or any difficulties in moving Containers from storage to Collection point. Note that a rate for manual service is included in the rate schedule, to be applied when Cart service is not feasible. (See Section 4.1.2-if Contractor and Customer dispute Cart versus manual/barrel service, City shall make the final determination.) 4.4.1.2 Removal of Existing Containers Upon and after distributing new Refuse, Recycling and Green Waste Carts, Contractor shall remove, and Recycle to the extent possible before Disposing, all Customer- provided Cans, if Customer does not intend to retain the Cans. Contractor will also remove prior hauler's Containers if prior hauler does not remove them. Contractor shall establish and advertise a system whereby Customers can indicate what Cans should and should not be removed. Prior to advertising removal of Containers, Contractor shall confer with prior hauler regarding coordination of removal and disposal of prior haulers' Containers. If agreement cannot be reached, the City shall make the final decision. Contractor is responsible for all costs associated with Container collection and March 20, 2013 -45-City of Hermosa Beach Disposal or Recycling. Contractor may retain any scrap value received from the Recycling of collected Containers. 4.4.1.3 Container Design Requirements The Carts shall be manufactured by injection or rotational molding and meet the Cart design and performance requirements as specified below. Cans shall comply with this section and the design and performance requirements as specified below as applicable. All Containers selected shall be subject to City approval. 4.4.1.4 Capacity Contractor shall provide Carts in 96-, 64-and 32-gallon sizes for Refuse, Recycling, and Green Waste Carts, 20-gallon for Residential Refuse, and 18-gallon for Commercial Recycling. Section references to Cart sizes of 18, 20, 32, 64 and 96-gallons are approximate. Acknowledging the different sizes provided by the various Cart manufacturers, the Carts shall be uniform in appearance and must conform to the following ranges in size: • 20 to 29-gallons (18 to 29-gallon for Commercial Recycling), • 30 to 35-gallons, e 60 to 70-gallons, and • 90 to 101-gallons. 4.4.1.5 Container Handles The Cart handles and handle mounts may be an integrally molded part of the Cart body or molded as part of the lid. The Cart handles will provide comfortable gripping area for pulling or pushing the Cart or lifting the lid. The preceding shall apply to Cans to the extent applicable. Pinch points are unacceptable. 4.4.1.6 Container Lid Each Container shall be provided with a lid that continuously overlaps and comes in contact with the Container body or otherwise causes an interface with the Container body that simultaneously: March 20, 2013 -46-City of Hermosa Beach • Prevents the intrusion of rainwater, rodents, birds, and flies; • Prevents the emission of odors; • Enables the free and complete flow of material from the Container during the dump cycle without interference with the material already deposited in the truck body or the truck body itself and its lifting mechanism; • Permits users of the Container to conveniently and easily open and shut the lid throughout the serviceable life of the Container; • The lid (and body) must be of such design and weight that would prevent an empty Container from tilting backward when flipping the lid open; and, • The lid shall be hinged to the Cart body in such a manner so as to enable the lid to be fully opened, free of tension, to a position whereby it may rest against the backside of the Container body. 4.4.1.7 Container Colors The Refuse, Recycling and Green Waste Containers will be differentiated by color. The colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Color must be uniform within each Container, including replacement Containers distributed throughout the Term. Refuse Carts/Cans will be black. Recycling Containers will be blue. Green Waste Carts will be green. 4.4.1.8 Container Markings Containers shall be hot stamped. All markings must be approved by City prior to ordering. Graphics indicating which materials may and may not be placed in each Container and instructions on how to properly dispose of HHW, shall be included on the Container lid. Information shall be bilingual in English and Spanish. Labels shall include Contractor's name and phone number, and the phone number for the proper disposal of HHW and Bulky Items. Containers shall provide street addresses as required by the Hermosa Beach Municipal Code to ensure correct billing. March 20, 2013 -47-City of Hermosa Beach 4.4.2 Container Performance Requirements All Carts shall be designed and manufactured to meet the minimum performance requirements described below, as applicable. 4.4.2.1 Cart Load Capacity Depending on the capacity, Containers shall have a minimum load capacity as noted below without Container distortion, damage, or reduction in maneuverability or any other functions as required herein. Size (Gallons) Minimum Load Capacity (LBS) 90-101 200 60-70 130 30-35 70 18 or 20-29 70 4.4.2.2 Container Durability Containers shall remain durable, and at a minimum, shall meet the following durability requirements to satisfy their intended use and performance, for the term of this Agreement: • Maintain their original shape and appearance; • Be resistant to kicks and blows; • Require no routine maintenance and essentially be maintenance free; • Not warp, crack, rust, discolor, or otherwise deteriorate over time in a manner that will interfere with the intended use; • Resist degradation from ultraviolet radiation; • Be incapable of penetration by biting or clawing of household pets (i.e., dogs and cats); March 20, 2013 -48-City of Hermosa Beach • The bottoms of Containers' bodies must remain impervious to any damage that would interfere with the Containers intended use after repeated contact with gravel, concrete, asphalt or any other rough and abrasive surface; • All wheel and axle assemblies are to provide continuous maneuverability and mobility as originally designed and intended; and, • Resist degradation by other airborne gases or particulate matter currently present in the ambient air of the City. 4.4.2.3 Chemical Resistant Containers shall resist damage from common household or Residential products and chemicals. Containers, also, shall resist damage from human and animal urine and feces . 4.4.2.4 Stability and Maneuverability Containers shall be stable and self-balancing in the upright position, when either empty or loaded to the maximum design capacity with an evenly distributed load, and with the lid in either a closed or open position. Containers shall be capable of maintaining the upright position in sustained or gusting winds of up to twenty-five (25) miles per hour as applied from any direction. Carts shall be capable of being easily moved and maneuvered, with an evenly distributed load equal in weight to its maximum design capacity on a level, sloped or stepped surface. 4.4.2.5 Lid Performance Cart lid assemblies shall meet the following minimum requirements: • Prevent damage to the Cart body, the lid itself or any component parts through repeated opening and closing of the lid by residents or in the dumping process as intended; • Remain closed in winds up to twenty-five (25) miles per hour from any direction. All lid hinges must remain fully functional and continually hold the lid in the March 20, 2013 -49-City of Hermosa Beach original designed and intended positions when either opened or closed or any position between the two extremes; and, • Lid shall be designed and constructed such that it prevents physical injury to the user while opening and closing the Cart. Can lids shall maintain their shape and functionality, and be designed to remain in place, remain closed in winds up to twenty-five (25) miles per hour from any direction, and through repeated opening and closing of the lid by residents or in the dumping process as intended. 4.4.2.6 Reparability Minor cracks, holes, and other damages to hinges, wheels, axle, hardware, and other component parts shall be readily repairable by Contractor personnel. All repairs must restore the Container to its full functionality to meet the design and performance requirements as set for herein. 4.4.3 Container Ownership and Maintenance Responsibilities All Containers that are distributed by Contractor under this Agreement remain the property of the Contractor at the end of the Agreement term. The Contractor shall be responsible for Container repair and maintenance, and replacing lost, stolen or damaged Container within three (3) business days at no additional charge to the Customer or to the City. Graffiti shall be removed or the Container replaced within twenty-four (24) hours of request by City or Customers. However, the Contractor may charge, subject to City approval, the Customer for repairing or replacing a Container if the damage was due to the Customer's willful negligence or abuse. In no event shall this charge be greater than the Contractor's actual cost for replacement parts or the new Container. 4.4.4 Bins Contractor shall provide Customers with Bins for Collection of Solid Waste. Customers may obtain Bin compactors and Roll-off compactors from either Contractor or a third party; the leasing of such equipment is outside the scope of this Agreement. Contractor shall maintain its Bins in a clean, sound condition free from putrescible residue. Bins shall be constructed of heavy metal, or other suitable, durable material, and shall be watertight and well painted. Wheels, forklift slots, and other appurtenances, which March 20, 2013 -50-City of Hermosa Beach were designed for movement, loading, or unloading of the Bin, shall be maintained in good repair. Contractor shall periodically inspect, and if necessary or requested by the Customer, clean or replace all Containers once per year at no charge. Contractor shall perform cleaning or replacement of Bins more frequently if necessary, in accordance with the approved rate schedule, to prevent a nuisance caused by odors or vector harborage and to check for leaks and damage. Contractor shall replace any leaking or damaged bins or lids within five (5) working days of observed damage or by request by the tenant or City at no charge. If free liquids are observed in bins, Contractor shall promptly notify Customer that free liquids are not permitted, and notify City on second such observation. Customer may request additional cleanings in accordance with the approved rate schedule. Contractor shall remove graffiti at no additional charge from any Bin within twenty-four (24) hours of request by City or Customers. All Bins provided by Contractor shall remain the property of Contractor. Each Bin placed in the City by the Contractor shall have the name and phone number of the Contractor in letters not less than three (3) inches high on the exterior of the Bin so as to be visible when the Bin is placed for use. Contractor shall repaint Bins upon City request. To limit the possibility of leakage, Contractor shall provide Bins with plastic liners or plastic Bins at no additional cost to Customers whose Solid Waste may include liquid, organic, or other wet waste. Such Bins shall be supplied upon request; Contractor reserves the right to first make a site visit to confirm the nature of the waste generated, with the City making the final determination as to the necessity of a plastic Bin or Bin liner. Following Collection, Bins shall be returned to enclosures with lids closed. 4.4.5 Roll-off Boxes The Contractor shall provide clean Roll-off Boxes, free from graffiti, equipped with reflectors, and shall have the name and phone number of Contractor in letters not less than three (3) inches high on the exterior of the Roll-off Box so as to be visible when the Container is placed for use. Contractor shall properly cover all open Roll-off Boxes March 20, 2013 -51-City of Hermosa Beach during transport as required by the State Vehicle Code. Contractor shall replace any leaking or damaged Roll-Off Boxes within five (5) working days of observed damage or by request of the tenant or City at no charge. If free liquids are observed in Roll-off Boxes, Contractor shall promptly notify Customer that free liquids are not permitted, and notify City on second such observation. Graffiti shall be removed within twenty-four (24) hours of request by City or Customers. All Roll-Off Boxes provided by Contractor shall remain the property of Contractor. 4.5 City Services 4.5.1 City Facilities Collection Contractor shall Collect and dispose of all Refuse, Recyclable and Green Waste material put in Containers for Collection at Premises owned and/ or operated by the City now and in the future at no charge, including no charge for locking Bins, scout service, push- out service or other special services. Contractor shall ensure a sufficient number of Solid Waste Containers are provided at all City facility locations to meet Collection needs. Service levels, facility locations, and number of facilities serviced may increase during the Term of this Agreement without any additional compensation paid to the Contractor. Such Premises include, but are not limited to, City Hall, City offices, parks, community facilities, City yard, public litter and Recycling Containers (see Section 4.5.2), and street maintenance operations. Collections shall be scheduled at a time mutually agreed upon by Contractor and City. Construction and demolition debris collected from City facilities and projects must be processed in accordance with Section 4.2.6 for maximum diversion credit at no additional charge. Notwithstanding, Collection of refuse and debris by reason of floods, earthquakes, other natural disasters, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events shall be charged at the contractual rates or rates otherwise negotiated with the City at the time. Street sweepings, as placed in a Container at the City yard by the street sweeping company, shall be collected and Disposed by the Contractor at no additional charge. March 20, 2013 -52-City of Hermosa Beach Contractor shall provide in-office Recycling Containers at all City facilities, including but not limited to the fire station and community center, upon request, including desk- side Recycling Containers and larger cans for Collection in common areas. Contractor shall visit City facilities prior to the start of service under this Agreement and meet with City staff to fully understand City facilities service needs and to recommend and implement improvements, if any. 4.5.2 City Litter Containers Prior Consolidated Disposal Service-Serviced City Litter Containers Contractor shall service all City Refuse and Recycling public litter Containers identified in Exhibit 4 as Recycling and Refuse Containers previously managed by Consolidated Disposal Service at the following minimum frequencies: a) At Least Once Per Day -Collect all Refuse Containers, between Memorial Day weekend and Labor Day, located along the beach, along Pier Avenue west of Ardmore, and in the Downtown Pier area between 1Qth Street and 15th Street. b) At Least Once Per Day -Collect all Recycling Containers, between Memorial Day weekend and Labor Day, located along the beach, along Pier Avenue west of Ardmore, and in the Downtown Pier area between 1Qth Street and 15th Street. c) At Least Once Per Week-Above referenced Containers from after Labor Day until immediately before Memorial Day weekend, and all other Refuse and Recycling Containers. d) At Least Twice Per Week-Collect all Containers on Hermosa Avenue, Herondo Street, Greenwich Village, Longfellow A venue and Aviation Boulevard. e) At Least Once Per Week-Collect all Containers on Prospect Avenue and Pacific Coast Highway. f) At Least Three Times Per Week-Collect all Recycle Containers at all parks and Community Center. g) Holiday Service -Contractor's servicing of all City Litter Containers includes servicing on holidays. March 20, 2013 -53-City of Hermosa Beach Athens/Contractor and True Green-Serviced Litter Containers Contractor shall assume Collection responsibility for all Refuse and Recycling public litter Containers identified in Exhibit 4 as serviced by True Green and by Contractor under a separate contract (see Exhibit 4 for identification of specific Containers). These Containers shall be Collected at the following minimum frequencies: a) At Least Seven Days per Week-Containers in the Downtown Area and on the Pier currently serviced by Contractor. b) At Least Three Days per Week-All other City litter Containers previously serviced by True Green in the Greenbelt, Parks and Community Center. City will provide Containers. Contractor shall provide all liners necessary to provide Collection service. Contractor is responsible for additional Collections as necessary to prevent Container overflow at no additional charge, including more frequent Collections on holiday weekends. City may add additional Recycling Container Collections at no additional charge; a Recycling Container may be paired with each litter Container in distribution. City may increase the number of Refuse Containers to be Collected by Contractor up to 10 % above the number included in Exhibit 4 at no additional charge. Contractor and City shall negotiate in good faith for the servicing of additional Containers above this limit, in the future at the request of City. City reserves the right to have a third party service additional Containers. Solid Waste that may be Collected by third-parties from City public Refuse and Recycling Containers may be delivered to the City facilities for processing and Disposal by Contractor at no additional charge as part of City facilities Collection. 4.5.3 School Facilities Collection Contractor shall Collect and dispose of all Refuse, Recyclable and Green Waste material put in Containers for Collection at all public school facilities at no charge, including no charge for locking Bins, scout service, push-out service or other special services. Service levels and number of facilities serviced may increase during the Term of this Agreement without any additional compensation paid to the Contractor. Collections shall be scheduled at a time mutually agreed upon by Contractor and City . March 20, 2013 -54-City of Hermosa Beach 4.5.4 Special Events Contractor shall provide litter/ Recycling boxes and liners for Refuse and Recyclables Collection to City upon request at no additional charge for use at all City-sponsored and select other in-City events, including but not limited to: • New Year's Eve (not event, to address increased pedestrian activity); • California Coastal Cleanup; • Sunset Concert Series; • Ark Walk; • St. Patrick's Day Parade; and, • Surfer's Walk of Fame. Recycling boxes should be easily distinguishable from Refuse boxes, and labeled to facilitate proper use by event participants. City crews may transport waste from these events and other in-City events to existing Bins and Roll-Off Boxes located at City yard or parks for servicing by Contractor under Section 4.5.1. If events are not listed in this section or otherwise sponsored by the City, Contractor may charge for litter boxes and liners in accordance with the approved rate schedule. 4.5.5 Emergency Collection and Disposal Service Contractor will assist City at the City's request with emergency Collection and Disposal service (in the event of major disaster, such as an earthquake, storm, riot or civil disturbance), or as otherwise determined necessary by the City, by providing Collection equipment and drivers normally assigned to City. Contractor may charge City for actual Disposal costs plus service rates per the approved rate schedule. 4.5.6 Abandoned Item Collection Because time is of the essence, City crews will typically Collect items abandoned in the City and dispose of those items at City yard. Contractor will Collect such items from City yard and properly divert from landfilling or dispose of such items in accordance with Sections 4.1.16 and 4.1.17. To assist City crews, City may request that Contractor Collect abandoned items within 24 hours of request up to four times per month at no additional charge. March 20, 2013 -55-City of Hermosa Beach 4.5.7 Large Venue Event Assistance, Event Recycling Contractor will assist planners of large venue events with reporting and planning needs as may be both useful in meeting the requirements of AB 2176, and in lowering Disposal quantities generated at, and reducing litter at, large venue and other events on City property for which a permit is required by the City at no additional charge. Contractor shall take a proactive role in Solid Waste planning for large events. When informed by City as to an upcoming event, Contractor shall contact event planners to initiate Solid Waste Collection planning. Contractor shall provide Recycling services upon request to special event planners in accordance with Section 4.2.2. 4.5.8 Litter Boxes for Non-City-Sponsored Events Contractor must make cardboard litter boxes and liners available for purchase for all non-City-sponsored events in accordance with the approved rate schedule. 4.5.9 Code Enforcement Assistances City may request Contractor assistance with code enforcement, including reporting of container and enclosure issues and potential Solid Waste-related health and safety code violations. See Section 2.2 for code enforcement assistance regarding illegal hauling. 4.5.10 Capacity Guarantee Contractor guarantees capacity at its processing facilities for all Solid Waste Collected under this Agreement. 4.5.11 Toy Drive Assistance Contractor shall assist with an annual toy drive as directed by City, delivering to a City- identified location, and later removing, a clean, covered, water-tight lockable, walk-in roll-off box suitable for the Collection of toys. 4.5.12 South Bay Work Investment Board Contractor will work with the South Bay Work Investment Board ("SBWIB"), to identify, interview, and hire SBWIB-provided candidates who meet Contractor's hiring qualifications. March 20, 2013 -56-City of Hermosa Beach 4.5.13 Dog Waste Program Contractor shall provide bags to the City for dog waste dispensers located in the City. City crews will place the bags in the dispensers. Bags will conform to the City's dispensers, but Contractor may place its logo, educational information or other suitable communications on the bag approved by the City. 4.6 Operations 4.6.1 Schedules 4.6.1.1 Collection Days and Hours To preserve peace and quiet, Solid Waste shall only be Collected between 7:00a.m. and 6:00 p.m. Residential collection is only permitted Monday through Thursday (with an exception for collection postponed to Friday during a holiday week as described below); Commercial collection is permitted seven (7) days a week. Contractor may not make exceptions to these Collection days and times without advanced written approval from the City. If the regularly scheduled Collection day falls on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, or Christmas Day, Collection days for the remainder of that week shall all be postponed one Collection day, with the exception of service in the Downtown Area. Contractor shall continue providing scheduled service in the Downtown Area on holidays, and shall provide extra pickups as necessary, to prevent overflowing Containers on holiday weekends. See Section 4.1.13. 4.6.1.2 Review of Schedules and Routing Contractor shall review its operations plan outlining the Collection routes, intervals of Collection and Collection times for all materials Collected under this Agreement with City within 45 days of the effective date of this Agreement, and subsequently upon thirty (30) days written notice requesting said review. Contractor shall submit a copy of its Commercial and Residential Collection schedule and route map within seven (7) days if requested by City. If the plan is determined to be inadequate by City, Contractor shall revise it, incorporating any changes necessary to make it satisfactory to City within thirty (30) days. March 20, 2013 -57-City of Hermosa Beach No change in schedules and routing shall be implemented for fifteen (15) days after Contractor receives approval from City and notifies Customers. No significant route changes may be made by Contractor without prior approval by City. 4.6.1.3 Missed Pickups If a missed pickup of Refuse, Recycling and/ or Green Waste is reported to the Contractor by 3:00p.m., the Contractor shall collect it on the same day. If a missed pickup is reported after 3:00p.m., the Contractor shall make up the collection by noon of the next business day. 4.6.2 Vehicles A. General. The Contractor shall provide Collection vehicles sufficient in number and capacity to efficiently perform the work required by this Agreement in strict accordance with its terms as described in this Agreement. Any additional vehicles/routes that may be required to meet the service standards during the term of this Agreement shall be added at the Contractor 1s sole expense. The Contractor shall have available on Collection days sufficient back-up vehicles for each type of Collection vehicle used to respond to complaints and emergencies. B. Specifications. All route vehicles shall use compressed natural gas ("CNG") or liquefied natural gas ("LNG") within six months of the start of service under this Agreement. Contractor shall be in compliance with all rules and regulations currently in force or passed during the Agreement Term, including South Coast Air Quality Management District ("SCAQMD") and the Air Resource Board's regulations, in regards to all vehicles used in the City. No rate adjustments shall be made for such changes in law. All vehicles used by the Contractor in providing Solid Waste Collection services shall be registered with the California Department of Motor Vehicles. All such vehicles shall have watertight bodies designed to prevent leakage, spillage or overflow. Roll-off Box vehicles, Container delivery vehicles, scout vehicles, supervisor pickup trucks, and vehicles used for holiday tree Collection, special events and Bulky Item Collection are only required to use LNG or CNG fuel to the extent required by law, including SCAQMD and Air Resources Board regulations, with no rate adjustments granted for such changes in law. If SCAQMD Rule 1193 is determined to apply to the City of Hermosa Beach, Section 1193(d)(4)(B) would be applied for Roll-Off vehicles. March 20, 2013 -58-City of Hermosa Beach All route vehicles shall be no older than fifteen (15) years at any point during the Term of the Agreement. Contractor shall provide sufficient numbers of Collection vehicles no larger than a scout truck of GVM-6,400 lbs., L-212' x W-92" x H-75", wheel base-118" and/or a small side loader of GVM-19,500 lbs., L-273" x W-96" x H-121", wheel base-178.5" to service narrow streets and alleys North of 27th Streets and other difficult areas where standard size Collection vehicles cannot easily and safely service Customers. C. Vehicle Identification. The Contractor 1s name, local telephone number, and a unique vehicle identification number designed by the Contractor for each vehicle shall be prominently displayed on all vehicles, in letters and numbers no less than three (3) inches high. The Contractor shall not place the City's name and/ or any City logos on the Contractor's vehicles. Vehicles shall all be painted in a standard color scheme. City must approve truck labeling. D. Collection Vehicle Billboards. City reserves the right to request that Contractor install frames on its Collection vehicles for placement of City billboards. City would be responsible for the cost of developing the billboards and providing the billboards to Contractor for mounting. City has the exclusive right to promote City events and provide public information through the use of billboards on Collection vehicles. E. Cleaning and Maintenance 1) Contractor shall maintain all of its properties, vehicles, Facilities, and equipment used in providing service under this Agreement in a good, safe, neat, clean and operable condition at all times, and compliant with all federal, State and local laws. 2) Vehicles used in the Collection of Solid Waste shall be painted, thoroughly washed, and thoroughly steam-cleaned on a regular basis so as to present a clean appearance. The City may inspect vehicles at any commercially reasonable time to determine compliance with this Agreement. The Contractor shall also make vehicles available to the Los Angeles County Health Department for inspection, at any frequency it requests. The Contractor agrees to replace or repair to the City's satisfaction, any vehicle that the City determines to be of unsightly appearance, leaking, or in unsatisfactory operating condition. March 20, 2013 -59-City of Hermosa Beach 3) Contractor shall repaint all vehicles used in the Collection of Solid Waste within sixty (60) days 1 notice from the City, if the City determines that their appearance warrants painting. City shall not request that vehicles be painted more than once every three (3) years. 4) The Contractor shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles that are not operating properly, or vehicles that are leaking or in such a condition as to be unsafe or excessively noisy, shall be removed from service until repaired and operating properly. The Contractor shall reasonably perform all scheduled maintenance functions in accordance with the manufacturer1s specifications and schedule. The Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage (or hours of operation) and shall make such records available to the City upon request. 5) Contactor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. The Contractor shall maintain accurate.records of repair, which shall include the date and mileage (or hours of operation), nature of repair and the verification by signature of a maintenance supervisor that the repair has been properly performed. 6) Upon request by the City, the Contractor shall furnish the City a written inventory of all equipment, including Collection vehicles, used in providing service, and shall update the inventory annually. The inventory shall list all equipment by manufacturer, ID number, date of acquisition, type, and capacity. F. Operation 1) Vehicles. Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. The Contractor shall not load vehicles in excess of the manufacturer 1s recommendations or limitations imposed by State or local weight restrictions on vehicles. 2) Noise. Equipment shall comply with US EPA noise emission regulations, currently codified at 40 CFR Part 205, and other applicable noise control regulations, and shall incorporate noise control features throughout the entire March 20, 2013 -60-City of Hermosa Beach vehicle. In no event shall the noise level of equipment used for Collection exceed seventy-five (75) dB when measured at a distance of twenty-five (25) feet from the vehicle, five (5) feet from the ground. Contractor shall submit to the City, upon City's request, a certificate of vehicle noise level testing of all vehicles by an independent testing entity . The Contractor shall store all equipment in safe and secure locations in accordance with the City's applicable zoning regulations . 3) Damage. Contractor shall be responsible for any damage resulting from or directly attributable to any of its operations, and which it causes to: the City's driving surfaces (excluding normal wear and tear), whether or not paved; associated curbs, gutters and traffic control devices; other public improvements; and private roads and alleys. G. City Inspection Per Code. The City may cause any vehicle used in performance of this Agreement to be inspected and tested at any commercially reasonable time and in such manner as may be appropriate to determine that the vehicle is being maintained in compliance with the applicable provisions of the State Vehicle Code, including all Vehicle Code sections regarding smog equipment requirements. The City may direct the removal of any vehicle from service if that vehicle is found to be in nonconformance with applicable codes. No vehicle directed to be removed from service by the City shall be returned to service until it conforms with applicable codes, and its return to service has been approved by the City. H. Brake Inspections. The brake system of each vehicle used in performance of this Agreement shall be inspected and certified according to State law, but not less than annually, by the California Highway Patrol or by a brake inspection station licensed by the California Highway Patrol. Notice of certification shall be made available to the City within thirty (30) days of request. Failure to submit the required certification if requested shall be grounds for suspension or terminating this Agreement. I. Correction of Defects. Following any inspection, the City Manager shall have the right to cause the Contractor, at its sole cost and expense, to recondition or replace any vehicle or equipment found to be unsafe, unsanitary or unsightly. The City Manager's determination may be appealed to the City Council, and its decision shall be final. March 20, 2013 -61-City of Hermosa Beach 4.6.3 Litter Abatement A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste or fluids from leaking, being spilled and/ or scattered during the Collection or transporta- tion process. If any Solid Waste or fluids leak or spill during Collection, Contractor shall promptly clean up all such materials . Each Collection vehicle shall carry a broom, shovel, absorbent, and containment materials at all times for this purpose. Contractor shall not transfer loads from one vehicle to another on any public street, unless it is necessary to do so because of mechanical failure, accidental damage to a vehicle, or a pre-approved method of Solid Waste transfer between vehicles, without prior written approval by City. B. Clean Up . During the Collection or transportation process, Contractor shall clean up all litter spilled during Collection or otherwise caused by Contractor. Contractor shall leave a "red tag" notice for Customer if litter not caused by Contractor is found in Container enclosure or around Containers. For litter due to overflowing Bins, Contractor may address habitual offenders in accordance with Sections 4.1.3 and 4.1.7. In the event of a spill of materials (vehicle fluids, leachate, etc.), Contractor shall provide a cleanup of the spill to the satisfaction of City and other governing agencies. Cleanup methods may include pressure washing (Contractor must capture and reclaim water) or other similar clean-up methods. C. Covering of Loads. Contractor shall properly cover all open debris boxes during transport to the Disposal Site. D. Maintenance of Roll offs, Bins and 4.6.4 Personnel A. Qualified Drivers. Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical, management and other personnel as may be necessary to provide the services required by this Agreement in a satisfactory, safe, economical and efficient manner. All drivers shall be trained and qualified in the operation of vehicles they operate and must possess a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. March 20, 2013 -62-City of Hermosa Beach B. Hazardous Waste Employee Training. Contractor shall establish and vigorously enforce an educational program which will train Contractor's employees in the identification of Hazardous Waste. Contractor's employees shall not knowingly place such Hazardous Waste in the Collection vehicles, nor knowingly dispose of such Hazardous Wastes at the processing Facility or Disposal Site. C. Customer Courtesy. Contractor shall train its employees in Customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. If any employee is found to be discourteous or not to be performing services in the manner required by this Agreement, Contractor shall take all necessary corrective measures including, but not limited to, transfer, discipline or termination. If City has notified Contractor of a complaint related to discourteous or improper behavior, Contractor will consider reassigning the employee to duties not entailing contact with the public while Contractor is pursuing its investigation and corrective action process. D. Compliance with Local Laws. Contractor and its employees shall comply with all local laws when conducting business in the City. No smoking is allowed within vehicles, and all smoking materials that are allowed shall be properly disposed of; no smoking materials or other trash shall be discarded in any location except approved trash or recycling containers. Employees and subcontractors shall comply with all other laws or regulations pertaining to franchisees or the public generally. E. Unauthorized Material Removal. Contractor shall dismiss or discipline employees who remove documents or any other material from Containers, other than specifically for the purposes of Disposal and Diversion as described in this Agreement. F. Training. Contractor shall provide suitable operations, health and safety training for all of its employees who use or operate equipment or who are otherwise directly involved in Collection or other related operations. G. Compliance with Immigration Laws. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. Contractor warrants and represents that all of its employees, including any and all prospective employees hired to perform services for the City under this Agreement and the employees of any subcontractor retained by the Contractor to March 27, 2013 -63-City of Hermosa Beach perform a portion of the services under this Agreement, are and will be authorized to perform the services contemplated by this Agreement in full compliance with all applicable state and federal laws, rules and regulations. H. Scavenging, Code Enforcement. Contractor shall train full time employees working in the City to work with local law and code enforcement to assist, and/ or receive direction from, City to write warnings, to educate scavengers and Residents about proper Recycling, and to monitor the streets in the morning hours. 4.6.5 Identification Required Contractor shall provide its employees, companies and subcontractors who may make personal contact with residents or businesses in City with identification. City may require Contractor to notify Customers yearly of the form of said identification. Contractor shall provide a list of current employees, companies, and subcontractors to City upon request. City reserves the right to perform a security and identification check through the City's Police Department on the Contractor and all their present and future employees employed by Contractor to work in the City, in accordance with accepted procedures established by City, or for probable cause. 4.6.6 Fees and Gratuities Contractor shall not, nor shall it permit any agent, employee, or subcontractors employed by it to accept or request, solicit or demand, either directly or indirectly, any compensation or gratuity for services authorized to be performed under this Agreement except as described in this Agreement, in accordance with Exhibit 2 as updated and approved by City throughout the Term of the Agreement. 4.6. 7 Non-Discrimination Contractor shall not discriminate in the provision of service or the employment of Persons engaged in performance of this Agreement on account of race, color, religion, sex, age, physical handicap or medical condition in violation of any applicable federal or Solid Waste law. March 27, 2013 -64-City of Hermosa Beach 4.6.8 Routing and Coordination With Street Sweeping Services Contractor shall provide all routes and route schedules to the City and work with the City to resolve conflicts with street sweeping schedules. 4.6.9 Report of Accumulation of Solid Waste; Unauthorized Dumping Contractor shall direct its drivers to note (a) the addresses of any Premises at which they observe that Solid Waste is accumulating and is not being delivered for Collection; and (b) the address, or other location description, at which Solid Waste has been dumped in an apparently unauthorized manner. Contractor shall deliver the address or description to City within one (1) working day of such observation. 4.6.10 Municipal Separate Storm Sewer System Protection Contractor shall conduct all aspects of work in accordance with municipal codes in a manner that prevents the discharge of non-stormwater and minimizes the discharge of pollutants in stormwater to the municipal separate storm sewer system (MS4) which includes paved streets, driveways, alleys, gutters, ditches, manmade cha1mels, catch basins, yard or area drains connected to the street, etc. Any discharge that would result in or contribute to a violation of the Municipal Separate Storm Sewer System (MS4) NPDES permit, Order No. 01-182 and any subsequent amendments or reissued permit by the Los Angeles Regional Water Quality Control Board (Regional Board) is prohibited in accordance with the federal Clean Water Act. Liability for any such discharge including penalties levied by the Los Angeles Regional Water Quality Control Board shall be the responsibility of the contractor whose personnel caused or were responsible for the discharge. All non-storm water discharges to the MS4 are prohibited unless specifically exempted by the MS4 NPDES Permit or by the Regional Board Executive Officer. 4.7 Transportation of Solid Waste Contractor shall transport all Solid Waste Collected to an approved Facility per Section 4.8 (e.g. Transfer Station, waste-to-energy Facility, Green Waste Processing Facility, MRF, Disposal Site). March 20, 2013 -65-City of Hermosa Beach Contractor shall maintain accurate records of the quantities of Solid Waste transported to all Facilities utilized and will cooperate with City in any audits or investigations of such quantities. Contractor shall cooperate with the operator of any Facility it uses with regard to operations therein, including, for example, complying with directions from the operator to unload Collection vehicles in designated areas, accommodating maintenance operations and construction of new facilities, cooperating with its Hazardous Waste exclusion program, and so forth. 4.8 Approved Facilities The approved Disposal Site for non-diverted Solid Waste is the Chiquita Canyon Landfill, Sunshine Canyon Landfill, El Sobrante Landfill and/ or Puente Hills Landfill. Contractor must receive written advance approval from City to use each Transfer Station, Transformation Facility, processing Facility or other Facility used by Contractor in the fulfillment of this Agreement. Contractor is responsible for ensuring that each Facility it uses is properly permitted prior to requesting City approval to use such Facility. Unless and until the City instructs otherwise, the designated Disposal Site and other Facilities are: Athens Services Transfer Facility and MRF (City of Industry), Potential Industries (Wilmington), Chiquita Canyon Landfill (Castaic), Sunshine Canyon Landfill (Sylmar), El Sobrante Landfill (Corona), Puente Hills Landfill in Whittier, California Waste Systems (Gardena), Commerce Refuse-to-Energy (Commerce), Southeast Resource Recovery Facility or "SERRF" (Long Beach), Waste Resources Recovery (Gardena), Edco Recycling and Transfer (Signal Hill), and San Bernardino County Solid Waste Disposal sites. 4.9 Status of Disposal Site Any Disposal Site utilized by Contractor shall be designed and constructed in accordance with 23 California Code of Regulations Section 2510 et seq!. ('1Subchapter 15 11 ). Any such landfill must have been issued all permits from federal, state, regional, county and City agencies necessary for it to operate as a Class III Sanitary Landfill and is in full regulatory compliance with all such permits. March 20, 2013 -66-City of Hermosa Beach 4.10 Dedicated Routes Solid Waste Collected in the City may not be commingled in Collection vehicles with Solid Waste from other jurisdictions, unless the City approves in writing of the specific commingled routes and the tonnage allocation method to be used. 4.11 Service Exceptions; Hazardous Waste Notifications A. Failure to Collect. When Solid Waste is not Collected from any Solid Waste service recipient, Contractor shall notify the service recipient in writing, at the time Collection is not made, through the use of a "red tag" or otherwise, of the reasons why the Collection was not made. B. Hazardous Waste Inspection and Reporting. Contractor reserves the right to inspect Solid Waste put out for Collection and to reject Solid Waste observed to be contaminated with Hazardous Waste, and the right not to Collect Hazardous Waste put out with Solid Waste. Contractor shall notify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of Hazardous Waste, found or observed in Solid Waste anywhere within City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, Contractor will immediately notify City Manager. Contractor shall implement and maintain a training program that will assist its employees in identifying and properly disposing of any Hazardous Waste that may come into their possession. C. Hazardous Waste Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of Hazardous Waste found in Solid Waste and which was inadvertently Collected from service recipients within City, but diverted from landfilling. 4.12 Downtown Compactor Facility Development City shall build a Downtown Compactor Facility that, at a minimum, is a permanent, fully contained facility with utilities located in City Parking Lot A to contain the Downtown Compactor(s) and facilities required to provide solid waste services to the March 20, 2013 -67-City of Hermosa Beach Downtown Compactor Facility Service Area in compliance with regulatory requirements. Contractor shall reimburse City the costs of designing and building the Facility, estimated to be approximately $130,000; provided that, if the City builds public restrooms at the facility, Contractor shall only be responsible for paying the costs associated with the Downtown Compactor Facility and not the public restrooms. Contractor shall reimburse City within 30 days of receipt of a written invoice from City. Failure to pay City in a timely manner shall be a material breach of this agreement. Alternatively, should the City elect not to include public restrooms in the facility, City shall have the right to assign the Contractor the responsibility for building the Facility in accordance with specifications approved by the City. In such event, Contractor shall pay prevailing wage rates in accordance with the California Labor Code . Contractor shall convey title to the facility to the City upon completion and acceptance by City. Contractor shall operate, maintain and be responsible for the Downtown Compactor Facility throughout the Term of this Agreement, including without limitation the same cleaning obligations as described for enclosure cleaning in Section 4.1.14. City shall have no obligations with respect to the Downtown Facility throughout the Term of this Agreement, provided that the City shall be responsible for maintaining and cleaning any public restrooms constructed at the Facility. Contractor shall provide all necessary utility services to the Downtown Compactor Facility and, if Contractor builds the Facility, shall be responsible for obtaining all necessary approvals and permits to construct Facility. The City hereby grants Contractor a revocable license to enter and use the Facility Premises for the sole purpose of constructing, maintaining and operating the Downtown Compactor and Downtown Compactor Facility at the Facility Premises and to the specifications specified above and as required by the City for the Term of this Agreement. Upon expiration of termination of this Agreement, this license shall automatically become null and void, shall be of no further force and effect. Contractor may amortize the cost to construct the Downtown Compactor Facility over a twenty (20) year period and pass those costs through to the participating businesses in the Downtown Compactor Facility Service Area in proportion to the service levels of each of those participant businesses through the business' monthly billing statement. Any amount of the amortized pass-through costs outstanding at the time this Agreement terminates or expires may be assigned to the City's subsequent Collection contractor. City shall require the subsequent Collection contractor to reimburse March 20, 2013 -68-City of Hermosa Beach Contractor in a lump sum any remaining as yet umeimbursed construction costs. In no event shall the City be responsible for paying the Downtown Compactor Facility construction costs, or any other costs associated with Downtown Compactor Facility maintenance or operation. March 20, 2013 -69-City of Hermosa Beach ARTICLES OTHER SERVICES 5.1 Customer Service 5.1.1 Local Office, Response Time Contractor shall maintain an office within City limits, for the term of the Agreement, staffed and open for Customers, at a minimum, from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. Contractor shall staff a toll-free telephone line to assist Customers from 7:00 a.m. to 6:00 p.m. Monday through Friday; a representative or an answering service shall be available from 8:00a.m. to 5:00p.m. on Saturday; a representative, an answering service or answering machine shall be available during all other hours. As an enhancement to the above requirements during certain hours, Contractor shall provide a live operator (not an automated menu leading to a representative) from 7:00a.m. to 5:00p.m. Monday through Friday and from 8:00a.m. to 12:00 p.m. on Saturday. Calls received by answering service or machine shall be responded to by the next business day. Contractor shall provide City with a twenty-four (24) hour emergency number to a live person, not voice-mail. Contractor's telephone system shall be adequate to handle the volume of calls typically experienced on the busiest days and Customers must be reasonably able to reach Contractor by telephone during these hours. Contractor shall record Customer complaints regarding Customer service personnel in accordance with Section 5.1.2. Customer service representatives receiving multiple complaints are to be transferred from Customer service duties or, with City approval, disciplined and appropriately trained. Contractor shall be required to direct all Customers to Contractor's offices in all public outreach, including its website. Should Customers first contact City, Contractor shall pay for any extra costs associated with establishing a means of forwarding Solid Waste- related calls directly to Contractor without the need for Customers to re-dial. March 20, 2013 -70-City of Hermosa Beach 5.1.2 Complaint Documentation Service complaints received by City shall be directed to Contractor. Contractor shall keep daily logs of complaints forwarded to it for a minimum of three (3) years. Contractor shall log all complaints received, and said log shall include the date and time the complaint was received, the name, address and telephone number of the caller/ complainant, a description of the complaint, the name of the employee recording the complaint and the action taken by Contractor to respond to and remedy the complaint. Log shall also include each instance that Solid Waste and/ or Recyclables are not Collected, the form of notification used to inform the participants of the reasons for non-Collection, and the end result or means of resolution of the incident. All written Customer complaints and inquiries shall be date-stamped when received. All complaints shall be initially responded to within one (1) business day of receipt, except missed pickups, which shall be addressed within the time frame described in 4.6.1.3. Contractor shall use best efforts to resolve complaints within two (2) business days. Contractor shall log action taken by Contractor to respond to and remedy the complaint. All Customer service records and logs kept by Contractor shall be available to City upon request. Contractor shall supply compliant log to City on a quarterly basis. City shall, at any time during regular Office Hours, have access to Contractor 1s Customer service department for purposes that may include monitoring the quality of Customer service or researching Customer complaints. 5.1.3 Resolution of Customer Complaints Disputes between Contractor and Customers regarding the services provided in accordance with this Agreement may be resolved by City Manager. City Manager's decision shall be final and binding. Intervention by City is not a condition precedent to any rights or remedies third parties might otherwise have in any dispute with Contractor. Nothing in this section is intended to affect the remedies of third parties against Contractor. March 20, 2013 -71-City of Hermosa Beach 5.1.4 Service LiaisonfRoute Supervisor Contractor shall designate in writing a field supervisor as "Service Liaison" who shall be responsible for working with City and/ or City's designated representative(s) to resolve Customer service related complaints. City shall have the right to approve the Contractor's choice for a liaison. City shall be notified in advance of any change in Service Liaison. Service Liaison shall devote a minimum of 50% of his/her time to working with the City of Hermosa Beach, and 100% of his/her time to working in the South Bay. For at least the first 90 days of service, Contractor shall devote two Service Liaisons (route supervisors) to the City 100% of the time. 5.2 Education and Public Awareness 5.2.1 General Contractor acknowledges and agrees that education and public awareness are critical, key and essential elements of any efforts to achieve the requirements of AB 939. Accordingly, Contractor agrees to take direction from City to exploit opportunities to expand public and Customer knowledge concerning needs and methods to reduce, reuse and Recycle Solid Waste, and to cooperate fully with City in this regard. Contractor shall maintain its own program of providing information relevant to needs and methods to reduce, reuse and Recycle Solid Waste with its Bills. All public education materials shall be approved in advance by City and shall be printed in English and Spanish. 5.2.2 Implementation and On-going Education Requirements In order to promote public education, in addition to any other materials it develops, Contractor shall create the following public education materials and programs at Contractor expense, subject to City approval and input, which will be distributed as indicated below. All of these materials and programs shall be produced and/ or available in English and Spanish languages, including pictures wherever applicable. All brochures, mailings, instructional"how-to" packets, and other educational materials are to be approved by City in advance of distribution. A public education plan shall be submitted to City for review within sixty (60) days of the execution of this Agreement. This plan shall address the items described in this section. March 20, 2013 -72-City of Hermosa Beach • Initial Mailing-At least forty-five (45) days prior to the start of Collection service under this Agreement, Contractor will prepare and mail an initial mailing to all Customers explaining the transition from the existing Solid Waste Handling Service program to the new program as defined by this Agreement. The mailing will describe program changes, route changes if any, dates of program implementation, Recycling and Diversion programs available, and other pertinent information. • Instructional"How-to" Packets -An information packet shall be provided to each Customer at the start of service under this Agreement and to each new Customer throughout the Agreement term. This packet shall: describe available services, including available Recycling and Diversion programs and their benefits; provide instructions for proper use of the Carts and Bins provided (such as how to place Carts or other permitted items for Collection, the types of materials to be placed in each Cart); detail holiday Collection schedules; and provide Billing and Customer service telephone numbers. This packet will contain updated information on how to use Containers, when, where and how to place Solid Waste for Collection, and who to contact with service or Billing questions, and for Bulky Item pickups. The packet should also clearly indicate what materials, such as syringes and other HHW, should not be disposed of in these Containers. This brochure shall include instructions on how Customers should dispose of HHW and Sharps, such as information on the HHW drop-off facilities, Sharps program, and other available programs. • Public Outreach Pieces-Not less than twice per year during each Rate Year at Contractor's cost, Contractor shall prepare and distribute to each Customer, either by mailing or as otherwise dictated by City a public education piece to update Customers regarding program basics, program changes, holiday schedules and other service related information. Mailings may promote and explain: all Solid Waste programs offered by City and Contractor (such as Recycling, Green Waste, holiday tree, Bulky Item Collections, annual HHW round-up) described in detail; the environmental, regulatory, and other benefits of participating in Recycling and waste minimization and reuse in general; how to properly dispose of Household Hazardous Waste such as syringes, paint, etc.; Collection schedules, including holiday schedules; Customers service numbers; or other information requested by City. March 20, 2013 -73-City of Hermosa Beach City shall determine the messages to be included in each piece and the format (brochure, door hanger, other), and shall have final approval over the pieces. • Article and Press Release Assistance-Contractor shall assist the City in preparing articles and press releases related to Solid Waste services and enviromnental issues upon City request. • Corrective Action "Red-Tag" Notice-Contractor shall develop a corrective action notification form, or "Red-Tag" notice, for use in instances where a Customer sets out inappropriate materials for Collection, that explains the appropriate manner for Disposal of such items. • Website-Contractor shall develop and maintain an interactive website to enable Customers to contact Contractor, and to display holiday schedules, Sharps program information, proper HHW disposal procedures, which materials are to be placed in Recycling Containers, and other useful information. • Twitter Account -Contractor shall maintain a Twitter account for the dissemination of information regarding environmental and local community news. Contractor shall offer social media consultation to any Hermosa Beach-based organization. 5.2.3 Contractor Representative Contractor shall retain on its staff an individual who shall, as part of his or her job function, routinely visit civic groups, school assemblies and science classes, homeowners' associations, Multi-Family complexes and businesses, town hall-type outreach meetings, to promote and explain the Recycling programs Contractor offers, promote re-use and Recycling, and participate in demonstrations and civic events. 5.2.4 Community Events At the direction of City, Contractor shall participate in and promote Recycling and other Diversion techniques at community events including Earth Day, and other local activities. Such participation would normally include providing, without cost, Collection and educational and publicity information promoting the goals of City's Integrated Solid Waste Management program and give-a-ways promoting waste reduction and reuse, such as reusable bags. March 20, 2013 -74-City of Hermosa Beach If requested by City, Contractor shall conduct community disaster and emergency preparedness classes for all residents at Contractor's expense. Contractor will assist conducting and promoting community recycling drives, partnering with the City, non- profit organizations, businesses, the Chamber of Commerce and other organizations, and providing staff, containers, and container transportation for use at the events. 5.2.5 School Outreach At no additional cost, Contractor shall contact all K-12 public schools in the City of Hermosa Beach at least once per school year to offer to conduct assemblies, and to prepare and provide classroom materials (not curriculum), to educate students regarding Recycling and other Solid Waste-related topics. Materials provided shall be in sufficient quantities to service all classrooms and students for which materials are requested, and shall be subject to City approval. Contactor shall provide in-classroom and on-campus Recycling Containers at no cost to schools or City. 5.2.6 Business Outreach Contractor shall conduct a program to recognize businesses making positive environmental efforts and participating in Recycling programs. Awards will be presented annually at an annual event, Council meeting or award ceremony to be mutually agreed upon by City and Contactor, Contractor shall provide selected companies with an award to be mutually agreed upon by City and Contractor. Contractor will provide business managers with promotional information, flyers and instructional posters made from recycled paper and labeled "Made from Recycled Paper" to implement a comprehensive waste reduction and recycling program, including information on what cannot be placed in the recycling container (i.e.: HHW). Contractor shall develop a comprehensive program to promote the following: • Reduce solid waste disposal and promote recycling; • Become energy and water efficient; • Purchase products that are less harmful to human health and the environment; • Minimize pollution contributions; • Help improve indoor air quality and reduce smog formation; and, March 20, 2013 -75-City of Hermosa Beach • Educate businesses and their customers and employees about green business practices. Contractor shall provide initial and on-going consultation and support to businesses who request it to assist in the development and continuation of their business' waste reduction and recycling programs. 5.2.7 Multi-Family Outreach Contractor will provide all property managers and Residents with Bin service with Recycling program guidelines, posters to be placed in laundry rooms, Refuse/Recyclable Container enclosures and other community areas at each building, and other outreach materials tailored to Multi-Family Bin Customer service. When contacting Multi-Family Customer building owner or property manager in accordance with Section 4.2.2, Contractor shall provide educational materials, and offer training to owner/manager in how to work with tenants to Recycle. Contractor shall provide each building owner and property manager with welcome packets for owner/ manager to provide to each new resident upon move-in; packets will include information on what should be placed in the recyclables containers. 5.2.8 Facility Tours Upon thirty (30) days' notice, Contractor shall provide City Customers and organizations tours of its Recycling and other Solid Waste facilities at no cost to City, Customers or organizations. Such tours shall not unreasonably disrupt facility operation. City shall not be charged for labor, overhead, overtime, or any other costs associated with such tours. As part of such tours, Contractor shall distribute an educational brochure, printed on recycled paper, on conservation, Recycling, and general Solid Waste management programs. 5.2.9 Free Mailing of City Materials Contractor will include in its Billing statements, at no charge to City, a City-generated semi-annual waste and recycling insert, and/ or any other mailing inserts provided by City. Such material may be included on a quarterly basis at City's request. These mailings are in addition to any other Contractor public education and distribution requirements under this Agreement. March 20, 2013 -76-City of Hermosa Beach 5.2.10 Mighty Mike Mascot Contractor shall provide its Mighty Mike mascot truck at City-sponsored events at no additional charge for community events. Truck should be requested by the City 30 days in advance from Contractor's Route Supervisor, Operations Manager or General Manager, and the truck will be tailored to fit the theme of the event. Contractor shall be responsible for delivery, display and demonstration of the vehicle throughout the course of the events, removal, and any other associated costs of providing this truck for such events. 5.2.11 Presentations to City Council Contractor, on request, shall present to the City Council updates on changing Solid Waste-related regulations and technologies and their potential impact on the City. 5.2.12 Guest Speaker and Writing Assistance City may require Contractor to provide guest speakers at community events and assistance with drafting written materials, such as articles and press releases, for Solid Waste-related topics. 5.3 Waste Generation/Characterization Studies Contractor acknowledges that City must perform Solid Waste generation and Disposal characterization studies periodically to comply with the requirements of AB 939. Contractor agrees to participate and cooperate with City and its agents and to accomplish studies and data collection and prepare reports, as needed and directed by City, to determine weights and volumes of Solid Waste Collected and characterize Solid Waste generated, disposed, transformed, diverted or otherwise handled/ processed, by Customer type (Single Family, Multi-Family, Commercial), to satisfy the requirements of AB 939 and the City's sustainability and environmental objectives. Contractor will at its sole expense conduct such a waste generation and characterization study upon request of City, but not more than once every two (2) years. 5.4 Community Support Contractor shall support the following events: • Sunset Concerts -through annual sponsorship March 20, 2013 -77-City of Hermosa Beach • Fiesta Hermosa -through annual sponsorship and through providing employee volunteers at event • Hermosa Beach Murals Project -Corporate membership contribution of $1,000 • Hermosa Beach Education Foundation -Contractor shall match contributions to this foundation made by any Contractor employee, provide four $500 scholarships per year, and provide volunteer hours for foundation events. • Hermosa Beach Historical Society -Business membership of $50 • Hermosa Beach Sister Cities -Corporate membership of $250 • Hermosa Beach Friends of the Library -Annual donation of $500 • Hermosa Beach Friends of the Park -Annual donation of $500 • Other non-profit organizations-Additional $10,000 (funding or in-kind services) to be distributed to organizations as directed by the City. 5.6 Neighborhood Safety Watch Contractor shall specially train drivers to recognize and report potentially dangerous, criminal, unusual or suspicious situations to local law enforcement. March 20, 2013 -78-City of Hermosa Beach ARTICLE 6 CONTRACTOR COMPENSATION AND RATES 6.1 General The maximum rates set forth in Exhibit 2, and as more fully defined as Contractor Compensation in this Article, shall be the maximum amount that Contractor may charge Customers, as full, entire and complete compensation due pursuant to this Agreement for all labor, equipment, materials and supplies, City fees, taxes, insurance, bonds, letters of credit, overhead, Disposal, transfer, profit and all other things necessary to perform all the services required by this Agreement in the manner and at the times prescribed. Contractor shall impose no other charges for services provided to Customers unless approved by the City Manager. 6.2 Initial Rates The maximum rates that Contractor may charge Customers from July 1, 2013 through June 30, 2014, shall not exceed the maximum rates set forth in Exhibit 2. 6.3 Schedule of Future Adjustments 6.3.1 Request Submittal Beginning with the Rate Year starting July 1, 2014 and ending on June 30, 2015, and for all subsequent Rate Years, Contractor may request an annual adjustment to the maximum rates shown in Exhibit 2. The Contractor shall submit its request in writing, to be received by City in person or via certified mail, by the preceding March 1, and shall be based on the method of adjustment described in Section 6.4. Failure to submit a written request by March 1 shall result in Contractor waiving the right to request such an increase for the subsequent Rate Year. 6.3.2 Approval Process Annual adjustment to the maximum rates calculated in accordance with Section 6.4 is subject to the approval of the City Manager, with any other adjustments subject to approval of City Council. If a rate adjustment requested per this Section 6.3 is determined by the City to be accurately calculated in accordance with Agreement March 20, 2013 -79-City of Hermosa Beach procedures, and would otherwise have been approved by the City Council, but is prevented from implementation due to a protest under Proposition 218, then Contractor is permitted to terminate this Agreement upon 24-month written notice to City, but shall not be entitled to compensation from City or Customers for lost revenue due to the Proposition 218 protest. 6.4 Method of Adjustments 6.4.1 General Pursuant to Section 6.3, Contractor may request an adjustment to the maximum rates according to the method described below, subject to review and approval of City. All future adjustments approved under Sections 6.3 and 6.4 are to be effective July 1 . (Note that the following rate adjustment formulas shall apply to the rates net of AB 939 fee, as AB 939 fees are adjusted in accordance with Section 3.6.) 6.4.2 Cost Components for Rate Adjustment Indices The approved Company Compensation consists of the following cost component categories. Each cost component may be adjusted by the change in the corresponding index below. See Section 6.4.3 for detailed Company Compensation adjustment procedures. March 20, 2013 -80-City of Hermosa Beach Initial Cost Category Weightings Rate Adjustment Factor (1) Bin/Cart/ Roll-Off Box Can/COD Pull Rate Employment Cost Index CIU20100005200000I, Total compensation, Private industry, Index number, Transportation Labor 25% 41% and material moving Producer Price Index WPU 0531, Not seasonally adjusted, Fuel 5% 18% Fuels and related products and power, natural gas Producer Price Index, PCU336120336120, Heavy duty truck Equipment 13% 13% manufacturing Consumer Price Index for All Urban Consumers Processing/ (CUUROOOOSAOL1E), all items less food and energy index - Disposal 27% n/a U.S. city average or 5%, whichever is lower Consumer Price Index for All Urban Consumers (CUUROOOOSAOL1E), all items less food and energy index - All Other 30% 28% U.S. city average Total 100% 100% (1) If an index is discontinued, an alternative index must be approved by the City Manager. 6.4.3 Rate Adjustment Steps Cart, Can, and Bin Rates Bin, Can, and Cart rates will be adjusted using the cost component weightings identified above for Bin, Can, and Cart rates as described below. See Exhibit 3A. Step One -Calculate the percentage increase or decrease in each index listed in Section 6.4.2. The increase or decrease in the published indices for labor, fuel, equipment, disposal and all other (CPI) will be the change in the average annual published index between the 12-months ended the September prior to the Rate Year anniversary date and prior 12-month average (See Exhibit 3C). Step Two -The first rate adjustment cost components as a percentage of total costs are provided in Section 6.4.2 above, with subsequent components calculated in Step Four of the rate adjustment. For Step Two of each subsequent rate adjustment, use the cost components recalculated in Step Four during the previous rate adjustment. March 20, 2013 -81-City of Hermosa Beach Multiply the percentage changes for each rate adjustment component by that component's weighting and add these resulting percentages together to get the total weighted change to the rates. If this percentage change exceeds 5%, the change shall be capped at 5%. Step Three-Multiply the total weighted percent change from Step Two by the existing Customer rates to calculate the increase or decrease to the maximum rates. Add the rate increase or decrease to the existing rates to derive the newly adjusted rates. Step Four-Recalculate weightings for the following year based upon these changes . "Pull Plus Dump" Roll-Off Box Rates Roll-Off Box pull rates (excluding disposal-inclusive COD rates) will be adjusted using the same methodology above, with the weightings identified above for Roll-Off Pulls. The 5% cap on annual increases as described in Step 2 applies as well. The per ton Roll- Off Box Refuse Disposal rate shall adjust based upon the change in the disposal component of the rates (per the rate adjustment factor in Section 6.4.2). See Exhibit 3B. 6.4.4 Green Waste Rate Adjustment Upon Closure of Puente Hills The Residential Green Waste Cart rates for services provided under Section 4.3.1 shall increase by $0.30 per Cart per month upon the closure of Puente Hills Landfill, provided Contractor then transports material Collected on the Green Waste Cart route to Company's American Organics facility in Victorville for com posting. At this point, Food Waste will be permitted to be added to the Green Waste Carts for composting at no additional cost. This increase is the only compensation adjustment granted for the landfill closure and/ or use of an alternative Green Waste facility. 6.5 Extraordinary Adjustments Contractor may request an adjustment to maximum rates in the event of extraordinary changes in the cost of providing service under this Agreement. Extraordinary rate adjustments may be requested no more than once per year. Reasons for such extraordinary rate adjustment requests shall not include changes in Recyclable Material or Green Waste tipping fees or processing costs, changes in transformation costs, changes in the market value of Recyclables from the values assumed in Contractor's March 20, 2013 -82-City of Hermosa Beach Proposal, inaccurate estimates by the Contractor of its proposed cost of operations, unionization of Contractor's work force, or change in wage rates or employee benefits. Contractor may request an extraordinary adjustment based upon changes in a direct per ton fee assessed at the Disposal Site by federal, state or local regulatory agencies after the Effective Date. Extraordinary rate adjustments shall only be effective after approval by City Council and may not be applied retroactively. Should any such adjustment require a Proposition 218 hearing, Contractor shall bear all costs. For each request for an adjustment to the maximum rates that Contractor may charge Customers brought pursuant to this section, Contractor shall prepare a schedule documenting the extraordinary costs. Such request shall be prepared in a form acceptable to City with support for assumptions made by Contractor in preparing the estimate. Contractor shall also submit a schedule showing how its total costs and total revenues have changed over the past three (3) years for the services provided under this Agreement. City may request a copy of the Contractor's annual financial statements in connection with the City's review of Contractor's rate adjustment request. City shall review the Contractor's request and, in City's sole judgment and absolute, unfettered discretion, make the final determination as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. City may consider increases or decreases in the Contractor's total revenues and total cost of services when reviewing an extraordinary rate adjustment request. 6.6 Redelivery/Return Trip Fee Contractor may charge a fee, per the approved rate schedule, in the event that Contractor arrives on time for a scheduled Collection of Bins or Roll-off Boxes, is impeded from Collection due to Container being blocked or otherwise unable to be Collected due to issues within the Customer's control, and Contractor must return a second time for Collection. Charge may be assessed for the trip, not per Bin or Roll-off Box, in the event of a Customer with multiple Bins or Roll-off Boxes. In event of dispute between Contractor and Customer over application of this fee, City Manager shall resolve the dispute. March 20, 2013 -83-City of Hermosa Beach 6.7 Customer Billing and Contractor Compensation 6.7.1 Residential Customers Receiving Individual-Unit Service Contractor shall Bill individually-serviced Residential Customers quarterly, no sooner than the first day of the quarter for which services are being Billed. Contractor assumes the risk of non-payment. 6.7.2 Permanent Bin and Roll-Off Box Customers Contactor shall Bill permanent Bin and Roll-Off Box Customers monthly, no sooner than the first day of the month for which service is being Billed, with payment due no sooner than thirty (30) days after the invoice date. Contractor assumes the risk of non- payment by Bin Customers. 6.7.3 Temporary Services Billing Contractor shall Bill for temporary Roll-off Box and Bin services, and other special charges, as permitted in Exhibit 2. For established Commercial accounts, Contractor shall Bill monthly, no sooner than the first day of service, and require payment no sooner than thirty (30) days from the start of the service period Billed for. For Customers without an established, on-going service accounts, Contractor will accept major credit cards for payment. Such Customers who do not use credit cards may be required by the Contractor to post a security deposit or to pay on a "Cash on Delivery" (C.O.D.) basis. Any unused portion of a security deposit will be refunded to the Customer within five (5) business days of the termination of service. 6.7.4 Contractor's Invoices All Bills must include service description, including Container size, frequency of service, any special services (such as scout or push-out service), and period billed for. City must approve Contractor Billings as to content and format of invoice. All Bills must carry a due date, not "due upon receipt." Bills will not separately itemize City fees, surcharges, disposal components or other breakdown of rates without advance written approval from City. Bills shall include Contractor's telephone number for Billing and service inquiries. March 20, 2013 -84-City of Hermosa Beach 6.7.5 Billing Disputes If any Customer disputes a Billing statement provided by Contractor, Contractor shall provide notice thereof to the City Manager, with a copy of the Billing invoice and the nature of the dispute (including copies of any correspondence from the Customer). Contractor shall use its best efforts to resolve such disputes within seven (7) days of receipt of notice from the Customer of such dispute. If such dispute cannot be mutually resolved by the Contractor and the Customer within such seven (7) day period, the dispute will be submitted to the City Manager for binding dispute resolution. Contractor acknowledges that the determination of the City Manager relating to such dispute shall be final and un-appealable. 6.7.6 Delinquent Accounts Contractor shall be responsible for collecting unpaid Customer Billings, subject to limitations under this section. City will assist the Contractor with collections by putting delinquencies on the County property tax roll after the delinquency notes have been delivered, but is not liable for any bad debt. Residential Cart I Can Service For late payments, Contractor shall follow procedures below: 1. The first delinquency notice may be sent with the subsequent quarterly Billing, with a copy sent to the City Manager. A 10% late payment fee may be added to the outstanding, late balance. 2. The second delinquency notice may be sent no sooner than thirty (30) days following the first notice, with a copy sent to the City Manager. A second 10% late payment fee may be added to the outstanding, late balance. Bin, Commercial Cart/ Can and Roll-Off Box Service 1. The first delinquency notice may be sent with the subsequent monthly Billing, with a copy to the City Manager. A 10% late payment fee may be added to the outstanding, late balance. March 20, 2013 -85-City of Hermosa Beach 2. The second delinquency notice may be sent thirty (30) days after the first, warning that service may be suspended, with a copy to the City Manager. A second 10% late payment fee may be added to the outstanding, late balance. 3. Anytime following the second delinquency notice, Contractor shall send a notice warning that service will be suspended within seven (7) days, with copy to City Manager. Contractor may suspend service after seven (7) days with written City approval. City may prohibit suspension of service to Residential Cart/ Can Customers, and may request that service be continued or resumed for delinquent Residential Bin Customers on a case-by-case basis due to code enforcement issues; in such cases, City shall not be liable to Contractor for service costs not recovered by Contractor. 6.7.7 Customer Billing Adjustments Should Contractor determine that Contractor has under-billed a Customer, or Customers, Contractor may back-Bill for no more than six (6) months. If it is determined by the City Manager that the under-billing was entirely due to an error or omission on the part of the impacted Customer, Contractor may request authority from the City Manager to back-bill longer than six months. Reimbursements to Customers for overbilling are not limited. If Contractor Bills Customers for any service charges not on the City-approved rate schedule, or not otherwise approved in writing by the City, such charges shall be refunded to Customers at City request. 6.7.8 Exemption from Service Residents may request a temporary exemption from service due to non-occupancy, construction, documentation of self-hauled Disposal, or other reasons as set forth in the Hermosa Beach Municipal Code. Contractor shall be responsible for administering exemption procedures, pursuant to the requirements in the Hermosa Beach Municipal Code. City may provide or revise Contractor guidelines to exempt properties from receiving, and paying Contractor for, Solid Waste Collection service. Exempt properties may include vacant or unoccupied properties, or properties in which owners can document alternative means of self-haul Disposal. March 20, 2013 -86-City of Hermosa Beach 6.7.9 Active Military Rate Reductions Contractor shall provide a 25% rate reduction to monthly Residential Cart rates for active members of the military. As active military may be stationed away from home for periods of time, this rate reduction would apply to the property so long as the military member maintains the property as his or her permanent residence. The City Manager shall make the final determination as to permanent residence status based on evidence provided by person requesting discount 6.7.10 Senior Low-Income Rate Reduction Contractor shall provide a 10 % rate reduction to seniors sixty-two years of age or older that meet the criteria for low-income rate reductions offered by local utility companies, including California Alternative Rates for Energy, or CARE, and meet the following criteria. Qualifying Customer shall subscribe to Cart Collection service with Refuse Cart sizes of 35-to 96-gallons. (The 20-gallon Refuse Cart service rate is considered a reduced rate without further reduction.) Qualifying Customer shall be the head of the household with the Solid Waste Collection account in his/her name and shall reside in the applicable home. The discount is not applicable to Landlords or Bin Customers. Contractor shall be solely responsible for administering this rate reduction program. If Parties dispute the applicability of the rate reduction, the City Manager may, but is not obligated to, make a final determination as to applicability. March 20, 2013 -87-City of Hermosa Beach ARTICLE7 REVIEW OF SERVICES AND PERFORMANCE 7.1 Performance Review Meeting City may hold a meeting or a public hearing annually to review Contractor's Solid Waste Collection efforts, source reduction, processing and other Diversion services and overall performance under this Agreement (the "Solid Waste Services and Performance Review Meeting"). The purpose of the Solid Waste Services and Performance Review Meeting is to provide for a discussion and review of technological, economic, and regulatory changes in Collection, source reduction, Recycling, processing and Disposal to achieve a continuing, advanced Solid Waste Collection, source reduction and Recycling and Disposal system; and to ensure services are being provided by Contractor with adequate quality, effectiveness and economy, and in full compliance with the terms of this Agreement. Topics for discussion and review at the Solid Waste Services and Performance Review Meeting shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, Customer complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding AB 939 1s goals, regulatory constraints, results of route audits, and Contractor performance. City and Contractor may each select additional topics for discussion at any Solid Waste Services and Performance Review Meeting. City shall notify Contractor of its intent to hold a Solid Waste Services and Performance Review Meeting at least sixty (60) days in advance thereof. Thirty (30) days after receiving notice from City of a Solid Waste Services and Performance Review Meeting, Contractor shall submit a report to City which may contain such information as it wished to have considered, and shall contain the following: a) Current Diversion rates and a report on Contractor's outreach activities for the past year. b) Recommended changes and/ or new services to improve City 1s ability to meet waste diversion goals and to contain costs and minimize impacts on rates. A specific plan for compliance with State diversion goals shall be included. c) Any specific plans for provision of new or changed services by Contractor. March 20, 2013 -88-City of Hermosa Beach The reports required by this Agreement regarding Customer complaints shall be used as one basis for review of Contractor's performance, and Contractor may submit other relevant performance information and reports for consideration at the Solid Waste Services and Performance Review Meeting. In addition to the above, City may request Contractor to submit any other specific information relating to its performance for consideration at the Solid Waste Services and Performance Review Meeting, and any Customer may submit comments or complaints during or before the Meeting, either orally or in writing. Contractor shall be present at and participate in the Solid Waste Services and Performance Review Meeting. As a result of its findings following any Solid Waste Services and Performance Review Meeting, City may require Contractor to provide expanded or new services within a reasonable time and City may direct or take corrective actions for any performance inadequacies (although nothing contained in this provision should be construed as requiring City to hold a Solid Waste Services and Performance Review Meeting in order to enforce any rights or remedies it has pursuant to the terms hereof.) Should City require expanded or new services as a remedy for Contractor's failure to perform its obligations hereunder, no additional compensation shall be due for such services. Otherwise, any new or expanded services required of Contractor shall be subject to the provisions of Section 2.10. 7.2 Performance Satisfaction Survey If requested by the City, Contractor will create and conduct a survey at Contractor's expense in preparation for any Solid Waste Services and Performance Review Meeting held pursuant to Section 7.1. City shall notify Contractor of its desire for such a survey at least ninety (90) days in advance of the Solid Waste Services and Performance Review Meeting. The purpose of the survey is to determine Customer satisfaction with current Collection services and Customer service provided by Contractor. The Survey will be distributed to a minimum of five percent (5%) of the Residential Customers and ten percent (10%) of the Commercial Customers, selected at random. City may instruct Contractor to send out separate Single Family and Multi-Family/Commercial surveys. Contractor shall obtain City's approval of each survey's content, format, and mailing list prior to its distribution. City may require that Contractor have Customer responses to the survey returned directly to City. The survey results shall be made available to the City thirty (30) days prior to the Solid Waste Services and Performance Review Meeting. March 20, 2013 -89-City of Hermosa Beach 7.3 Route Audit Once during the first year, and thereafter at City request (but not more frequently than once per year), Contractor shall conduct an audit of its Residential and/ or Commercial Collection routes in the City. City may use information from the audit to develop a request for proposals for a new service provider. City may instruct Contractor when to conduct the audit in order for the results to be available for use in preparation of a request for proposals or for other City uses. City may also instruct Contractor to conduct an audit at a time that would produce the most accurate Customer service information for a new service provider to use in establishing service with Customers. In setting these audit dates, City will establish due dates for Contractor providing routing and account information, and later, the report, to City. The route audit, at minimum, shall consist of an independent physical observation by person(s) other than the route driver of each Customer in City. This person(s) is to be approved in advance by City. The route audit information shall include, as a minimum, the following information for each account: For Residential Cart Customers (Residential Route Audit): • Route number; • Truck number; • Number and size of Carts by waste stream (Refuse, Recycling, Green Waste); • Service address; and, • Cart condition. For Residential Bin, Commercial Bin and Cart, and permanent Roll-off Customers (Commercial Route Audit): • Route number; • Truck number; • Account name; • Account number; • Account service address; • Account type (Residential, Commercial, Roll-off); March 20, 2013 -90-City of Hermosa Beach • Service level per Contractor Billing system (quantity, size, frequency); • Observed Containers (quantity and size). • Container condition; • Proper signage; and, • Graffiti. Within thirty (30) days after the completion of the route audit, Contractor shall submit to City a report summarizing the results of the audit. This summary shall include: • Identification of the routes; • Route map; • Truck numbers; • Number of accounts, by route and in total (Residential, Commercial and Roll-off Box); • Confirmation that all routes are dedicated exclusively to City Customers, or that the tonnage allocation methodology has been approved by the City; • Number and type of exceptions observed; • Total monthly service charge (Residential, Commercial and Roll-off Box), pre-audit; and, • Total monthly service charge (Residential, Commercial and Roll-o££ Box), post-audit (subsequent to corrections of identified exceptions). The report shall include a description of the procedures followed to complete the route audit. This description shall include the names and titles of those supervising the route audits and the names and titles of those performing the observations. The report shall also include a description of the changes and Contractor's plans to resolve the exceptions. The results of the audit, and supporting back-up data, shall be available for review by City or its representative and shall be made available in an electronic or printed format. March 20, 2013 -91-City of Hermosa Beach ARTICLES RECORDS, REPORTS AND INFORMATION REQUIREMENTS 8.1 General Contractor shall maintain such accounting, statistical and other records related to its performance under this Agreement as shall be necessary to develop the financial statements and other reports required by this Agreement. Also, Contractor agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with applicable laws and regulations, to meet the reporting and Solid Waste program management needs of City, and to evaluate progress on meeting the City's sustainability and environmental objectives. To this extent, such requirements set out in this and other articles of this Agreement shall not be considered limiting or necessarily complete. In particular, this article is intended to only highlight the general nature of records and reports and is not meant to define exactly what the records and reports are to be and their content. Further, with the written direction or approval of City, the records and reports to be maintained and provided by Contractor in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency. 8.2 Records 8.2.1 General Contractor shall maintain records required to conduct its operations, to support requests it may make to City, and to respond to requests from City in the conduct of City business. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft and earthquake. Electronically maintained data/ records shall be protected and backed up to the satisfaction of the City . All records shall be maintained for five (5) years, and shall continue to be available for five (5) years after the expiration of this Agreement, except as otherwise provided in this Agreement. After minimum holding periods are met, Contractor will notify City ninety (90) days before destroying records. Contractor agrees that the records of any and all companies conducting operations addressed in the Agreement shall be provided or made available to City and its official March 20, 2013 -92-City of Hermosa Beach representatives during normal business hours. Account histories shall be accessible to the City by computer for a minimum of five (5) years. City may review or utilize any of the records described in this section. Such records include, but are not limited to, financial, Solid Waste, CERCLA and Disposal records. 8.2.2 Financial Records Contractor shall maintain financial records relating to its operations pursuant to this Agreement separate and segregated from such records relating to its other operations. Contractor shall maintain at least the following records: • Audited financial statements for Contractor or, if a guarantee was provided, for the parent company guarantor as a whole; • Financial statements (compiled, reviewed or audited) of revenue and expense for this Agreement segregated from the other operations of Contractor (including without limitation those operations of Contractor in City and surrounding jurisdictions which are not covered by this Agreement), including a description of segregation methodology; and, • Complete descriptions of related party transactions (corporate and/ or regional management fees, intercompany profits from transfer, processing or Disposal operations). 8.2.3 Solid Waste Records Contractor shall maintain and make available to the City upon request the following records relating to its operations pursuant to this Agreement: a) Customer services and Billing/ City payment records; b) Records of tons Collected, processed, diverted and Disposed by waste stream (Refuse, Recycling and Green Waste), by Customer type (Cart/Can, Residential Bin, Commercial and Roll-off Box), and the Facilities (Transfer Station, MRF, or landfill) where such material was taken (Residential Bin versus Commercial Bin tonnage may be estimated based upon Container distribution or other method approved by City); March 20, 2013 -93-City of Hermosa Beach c) Quantity of Recyclable Materials recovered by material type, as well as quantity of material diverted from landfills in compliance with AB 939; d) Bulky Item and special event tonnages, including tons disposed and diverted; e) Routes; f) Facilities, equipment and personnel used; g) Facilities and equipment operations, maintenance and repair; h) Number and type of Refuse, Recycling and Green Waste Containers in service by container type (Cart, Can, Bin, Roll-Off Box) and size; i) Complaints; and, j) Missed pickups. 8.2.4 CERCLA Defense and Disposal Records The City views the ability to defend against CERCLA, State Hazardous Substance Law, and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where Solid Waste Collected in the City was taken for Disposal, as well as where it was not taken, to be matters of concern. The Contractor shall maintain data retention and preservation systems that can estabiish where Solid Waste Collected in the City was landfilled (and therefore establish where it was not landfilled) and provide a copy of disposal reports for twenty-five (25) years and the other reports required in Section 8.2.3 for five (5) years after the term during which Collection services are to be provided pursuant to this Agreement, or to provide copies of such records to the City. Contractor shall continue to retain records in accordance with Section 8.2.3 for five (5) years, and disposal records for twenty-five (25) years, after the term during which Collection services are to be provided pursuant to this Agreement. Contractor agrees to notify the City's Risk Manager and the City Attorney at least ninety (90) days before destroying such records. This provision shall survive the expiration of the period during which Collection services are to be provided under this Agreement. March 20, 2013 -94-City of Hermosa Beach 8.2.5 Other Programs' Records Records for other programs shall be tailored to specific needs. In general, they shall include: a) Plans, tasks, and milestones; and, b) Accomplishments in terms such as dates, activities conducted and numbers of participants and responses; and, c) Records relating to programs or other activities undertaken by Contractor pursuant to the Agreement that may help City to complete reporting related to the City's sustainability and environmental objectives. 8.2.6 Audit City may conduct an audit of Contractor at any time. The scope of the audit and auditing party will be determined by City, and the scope may include, but is not limited to, compliance with terms of this Agreement, Customer service levels and Billing, fee payments, Gross Receipts, tonnage and verification of Diversion rate. Contractor will fund biennial audits. The first hauler-funded audit, to be performed following the 2014 fiscal year, will be based on the Contractor's reports and records for fiscal year 2013/14. Contractor-funded audits will be performed every other year thereafter. Contractor will reimburse to the City the cost of such audits up to $80,000 for the first audit, and up to $50,000 for each subsequent biennial audit in 2014 dollars. The $50,000 amount in subsequent years shall be increased mmually by the change in CPI identified in Section 6.4 as the change to the "all other" component. Should an audit conducted or authorized by the City disclose that fees payable by Contractor were underpaid by three percent (3%) or more, that tonnage was misreported by three percent (3%) or more, or that more than three percent (3%) of the Customers were inaccurately Billed based on the auditor's sampling for the period under review, City may expand the scope of the audit and recover additional audit costs from the Contractor. March 20, 2013 -95-City of Hermosa Beach 8.2.7 Payments and Refunds Should an audit disclose that fees payable by the Contractor were underpaid or that Customers were overcharged for the period under review, Contractor shall pay to City any underpayment of fees and/ or refund to Contractor's Customers or to City, as directed by City, any overcharges within thirty (30) days following the date of the audit; reimbursement to City or Customers for underpayments and overcharges may be limited to three (3) years. Contractor credit for overpayment of City fees shall be limited to three (3) years. Contractor shall pay interest to the City for any underpayment or overcharges at an annual rate of twelve percent (12%). Undercharges shall not be billed in arrears for more than six (6) months of service, with any remaining undercharges absorbed by Contractor. Should an audit disclose that fees were overpaid, City may credit such amounts against future fees payable by Contractor or may select another method of reimbursement. 8.3 Reports 8.3.1 Report Formats and Schedule Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed. Contractor may propose report formats that are responsive to the objectives and audiences for each report. The format of each report shall be approved by City. In addition to submitting all reports on paper, Contractor agrees to submit all reports in an electronic format approved by City, compatible with City's software/ computers at no additional charge. Reports shall be submitted within thirty (30) calendar days after the end of the reporting period. Annual reports for which a date is not otherwise specified in this Agreement shall be submitted within thirty (30) calendar days after the end of the fiscal year. If requested, Contractor's complaint summary, described in Section 5.1.2, shall be sent to the City Manager within five (5) business days of request. All reports shall be submitted to: March 20, 2013 City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 -96-City of Hermosa Beach 8.3.2 Monthly Reports The information listed below shall be the minimum reported: a) Solid Waste Collected by Contractor, sorted by type of Solid Waste Collected and diverted (Refuse, Recycling and Green Waste) in tons (including contamination and Diversion rates for each waste stream and Customer type), Customer type (Cart/Can, Bin and Roll-off Box) and the Facilities where the tons were processed or Disposed. b) Warning notices issued for contaminated Refuse, Recyclable Materials and Green Waste Containers. c) Narrative summary of problems encountered and actions taken with recommendations for City, as appropriate. d) Description of Contractor outreach activities and copies of promotional and public education materials sent during the month. e) Other information or reports that City may reasonably request or require. Note: Monthly fee payment statement supporting calculation of monthly fees due per Article 3 shall be submitted separately, accompanying the fee payment. 8.3.3 Annual Report The annual report shall include: a) A summary of the number of Containers in service as of December 31 by size (number of gallons, number of yards), sector (Residential Cart, Residential Can, Commercial Cart, Commercial Can, Residential Bin, Commercial Bin and Roll-off Box), service frequency, and type of service (Refuse, Recycling and Green Waste). Identify which Containers represent free City services. b) Records of tons Collected, processed, diverted and disposed by waste stream (Refuse, Recycling and Green Waste), by Customer type (Cart/Can, Bin and Roll- off Box). c) Number of routes and route hours per day by type of service as of June 30. d) General information about the Contractor and its most recent annual report. e) Other information or reports that City may reasonably request or require. March 20, 2013 -97-City of Hermosa Beach f) Gross annual Billings by service sector (Cart/Can, Bin and Roll-off Box). 8.3.4 Financial Report The City may, at City's option, request and be provided with Contractor's financial reports/ statements for the most recently completed fiscal year in connection with any audit, extraordinary rate adjustment request, or verification of other information required under this Agreement. The financial statements and footnotes shall be prepared in accordance with Generally Accepted Accounting Principles ("GAAP") and audited, in accordance with Generally Accepted Auditing Standards ("GAAS"), by a certified public accountant ("CPA") licensed (in good standing) to practice public accounting in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The cost of preparation of the financial statements and audit shall be borne by Contractor as a direct cost of service. In addition to the above audited financial statements, Contractor shall provide to City the supplemental schedule of results of operations in the City on a compiled basis. The supplemental schedule will show Contractor's specific revenues and expenses in connection with the operations provided for in this Agreement, separated from operations in other geographical areas. The supplemental schedule need not be audited and may be internally prepared; however, the total results of Contractor's operations per the supplemental schedule must agree to the audited financial statements. 8.4 Reporting Adverse Information Contractor shall provide City two (2) copies (one to the City Manager, one to the City Attorney) of all reports, pleadings, applications, notifications, notices of violation, communications or other material relating in any way to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, CalRecycle, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court. Copies shall be submitted to City within thirty (30) days of receipt by Contractor, or sooner if reasonably apparent that to do so is materially relevant; any responses by Contractor shall be submitted to City simultaneously with Contractor's filing or submission of such matters with said agencies. Contractor's routine correspondence to said agencies need not be routinely March 20, 2013 -98-City of Hermosa Beach submitted to City, but shall be made available to City promptly upon City's written request. 8.5 Right to Inspect Records City shall have the right to inspect or review the specific documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Contractor or its Affiliates that City shall deem, in its sole discretion, necessary to evaluate annual reports, and Contractor's performance provided for in this Agreement. Contractor shall make all records and documents to be reviewed and inspected by City as a part of any audit or other record review conducted by City, available for City's review, inspection and copying within five (5) days of receiving written notice from City requesting the same. 8.6 Failure to Report The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement as described in Section 11.1 and shall subject Contractor to all remedies which are available to the City under Agreement or otherwise. March 20, 2013 -99-City of Hermosa Beach ARTICLE9 INDEMNIFICATION, INSURANCE AND BOND 9.1 Defense of Agreement Contractor agrees to, and shall timely, take all actions that are reasonably necessary to defend the validity and enforceability of this Agreement and shall pay all costs related to such defense. Contractor shall defend, indemnify, protect and hold harmless, the City, its officers, agents and employees from any and all claims, actions or proceedings to attack, set aside, void, annul or seek monetary damages resulting from an approval by the City of this Agreement. The City shall promptly notify Contractor of any such claim, action, or proceeding. The City and Contractor shall meet in good faith in an effort to come to a mutual agreement for a joint defense; provided that the City shall be entitled to select legal counsel of its choice to conduct the defense if an agreement cannot be reached. Contractor's obligations to pay all costs, defend, indemnify, protect and hold harmless under this section shall not be altered in the event City retains separate counsel and shall also include reimbursement to City for time spent by its in- house City attorneys responding to the litigation. 9.2 Indemnification Contractor hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, commissions, officers, employees, consultants and agents (collectively, "Indemnitees") from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any Person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors and/ or subcontractors in performing services under this Agreement; (2) the failure of Contractor, its officers, employees, agents, contractors and/ or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/ or applicable permits and licenses; (3) the acts of Contractor, its officers, employees, agents, contractors and/ or subcontractors in performing services under this Agreement March 20, 2013 -100-City of Hermosa Beach for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused in part by any of the Indemnitees' negligence, but shall not extend to matters resulting from the Indemnitees' sole negligence, or willful misconduct. Contractor further agrees to and shall, upon demand of City, at Contractor 1s sole cost and expense, defend (with attorneys acceptable to City) the Indemnitees against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Contractor elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Contractor. Contractor, upon demand of City, made by and through the City Attorney, shall protect City and appear in and defend the Indemnitees in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material," the scope of the rights granted herein, conflicts between the rights granted herein and rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, or asserting rights under the United States or California Constitutions or any federal or state law to provide Solid Waste Handling Services in the City. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 9.3 Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City), reimburse, indemnify, and hold harmless Indemnitees from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys 1 fees, consultant fees, penalties and any and all other March 20, 2013 -101-City of Hermosa Beach losses, damages, fees and expenses of whatever kind or nature (11 Claims11 ) (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of, or are alleged to arise out of, or in any way relate to any action, inaction or omission of Contractor that: 1. results in any demand, claim, notice, order, or lawsuit, asserting that any Indemnitee is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise clean up, any Hazardous Contaminant (as defined herein); or 2. relates to material Collected, transported, Recycled, processed, treated or Disposed of by Contractor. B. Contractor's obligations pursuant to this section shall apply, without limitation, to: 1. any Claims brought pursuant to or based on the provisions of any Environmental Law; 2. any Claims based on, or arising out of, or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Contractor of any Facility; 3. any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, Disposal, processing or use of any materials recovered by Contractor; 4. any Claims based on or arising out of, or alleged to be arising out of, any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Contractor or any Affiliate of Contractor. D. For purposes of this section, the term 11 Hazardous Contaminant11 shall mean any Hazardous Substance, any Hazardous Waste, any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos- containing material. The term 11 Hazardous Contaminant'' shall also include any and all March 20, 2013 -102-City of Hermosa Beach amendments to any referenced statutory or regulatory provisions made before or after the date of execution of this Agreement. E. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 9.4 AB 939 Indemnification and Guarantee A. Contractor agrees to indemnify and hold harmless City from and against all fines and/ or penalties imposed by CalRecycle in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by City with respect to the waste stream Collected under this Agreement. B. Contractor warrants and represents that it is familiar with City's waste characterization study as set forth in City's Source Recovery and Recycling Element ("SRRE"), and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the Diversion requirements (including, without limitation, amounts of Solid Waste to be diverted, time frames for Diversion, and any other requirements) set forth in AB 939, with respect to that portion of the Solid Waste generated in City that is the subject of this Agreement. 9.5 Insurance Contractor shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Contractor's performance hereunder or the actions or inactions of any of Contractor's officers, agents, representatives, employees, or subcontractors in connection with Contractor's performance. The insurance requirements hereunder in no way limit Contractor's various defense and indemnification obligations, or any other obligations as set forth herein. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: March 20, 2013 1. The most recent editions of Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00 01). -103-City of Hermosa Beach 2. The most recent editions of Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 11 any auto 11 and endorsement CA 00 25. 3 . Workers 1 Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 4. Pollution and/ or Environmental Impairment Liability Insurance B. Minimum Limits of Insurance. Contractor shall maintain in force for the term of this Agreement limits no less than: March 20, 2013 1 . Comprehensive General Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per occurrence for bodily injury, Personal injury and property damage. 2. Automobile Liability: Five Million Dollars ($5,000,000) limit aggregate and Five Million Dollars ($5,000,000) single limit per accident for bodily injury and property damage. 3. Workers1 Compensation and Employers Liability: Workers1 compensation limits as required by the Labor Code of the State of California and Employers Liability limits of One Million Dollars ($1,000,000) per accident, One Million Dollars ($1,000,000) policy limit for bodily injury or disease; One Million Dollars ($1,000,000) per each employee bodily injury or disease. 4. Pollution and/ or Environmental Impairment Liability: Three Million Dollars ($3,000,000) each occurrence/Ten Million Dollars ($10,000,000) policy aggregate covering liability arising from the release of waste materials and/ or irritants, contaminants or pollutants. Contractor shall ensure that such coverage shall, if commercially available, without involvement of City, automatically broaden in its form of coverage to include legislated changes in the definition of waste materials and/ or irritants, contaminants or pollutants. The policy shall stipulate this insurance is primary and no other insurance carried by City will be called upon to contribute to a loss suffered by Contractor hereunder and waive subrogation against City and other additional insureds. -104-City of Hermosa Beach C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention's as respects City, its officials, employees and agents; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: March 20, 2013 1. General Liability and Automobile Liability Coverages a) City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; Premises owned, leased or used by Contractor; or vehicles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers. b) Contractor 1s insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by City, its officials, elective and appointive boards, commissions, employees, agents or volunteers shall be excess of Contractor1s insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions, employees, agents or volunteers. d) Coverage shall state that Contractor1s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer1s liability. -105-City of Hermosa Beach e) The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/ or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's behalf upon the Contractor's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. 2. Workers' Compensation and Employers Liability Coverage-The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Contractor for City. 3. All Coverages-Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better. F. Verification of Coverage. Contractor shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this clause. Such certificates shall show the type and amount of coverage, effective dates and dates March 20, 2013 -106-City of Hermosa Beach of expiration of policies, and shall have all required endorsements. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by or acceptable to City and are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies at any time. Renewal certificates will be furnished periodically to City to demonstrate maintenance of the required coverage throughout the Term. G. Companies and Subcontractors. Contractor shall include all companies and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. All coverages for companies and subcontractors shall be subject to all of the requirements stated herein. H. Required Endorsements March 20, 2013 1. The Workers 1 Compensation policy shall contain an endorsement in substantially the following form: 11 Thirty (30) days (or ten (10) days in the event of cancellation for non- payment) prior written notice by certified mail, return receipt requested, shall be given to City in the event of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall be sent to: City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 2. The Comprehensive General Liability policy shall contain endorsements in substantially the following form: a) 11 Thirty (30) days (or ten (10) days in the event of cancellation for non-payment) prior written notice shall be given to City in the event of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall be sent to: City Manager City of Hermosa Beach -107-City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 b) "Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City of Hermosa Beach, its officials, employees and agents, using standard ISO endorsement No. CB 2010 with an edition date of 1985, or equivalent provisions as determined acceptable by the Office of the City Attorney for the City of Hermosa Beach in its sole discretion. Contractor also agrees to require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement, to do likewise.'' c) "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by City, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." d) "Inclusion of City as an insured shall not affect City's rights as respects any claim, demand, suit or judgment brought or recovered against Contractor. This policy shall protect Contractor and City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase Contractor's liability as set forth in the policy beyond the amount shown or to which Contractor would have been liable if only one party had been named as an insured." e) "The City, as additional insured, shall be permitted to satisfy the self-insured retention ("SIR") and/ or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. " I. Other Insurance Requirements March 20, 2013 1. In the event any services are delegated to another company or subcontractor, Contractor shall require such company or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the company's or subcontractor's employees -108-City of Hermosa Beach engaged in the work in accordance with this Section 9.5. The liability insurance required by this Section 9.4 shall cover all companies or subcontractors or the companies or subcontractors must furnish evidence of insurance provided by it meeting all of the requirements of this Section 9.5. 2. Contractor shall comply with all requirements of the insurers issuing policies . The carrying of insurance shall not relieve Contractor of any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reserves is made by any third Person against Contractor or any company or subcontractor on account of any occurrence related to this Agreement, Contractor shall promptly report the facts in writing to the insurance carrier and to City. If Contractor fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Contractor 1s expense, such insurance as it may deem proper and deduct the cost thereof from any moneys due Contractor. 9.6 Faithful Performance Bond Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of Five Hundred Thousand Dollars ($500,000), similar to the form provided in Exhibit 6, which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement. The bond 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 or her power of attorney. 9.7 Forfeiture of Performance Bond In the event Contractor shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City forfeited to the City. Upon partial or full forfeiture of the performance bond, Contractor shall restore the performance bond to its face amount within thirty (30) days of the City's declaration. Failure to restore the performance bond to its full amount within thirty (30) days shall be a material breach of the Agreement. March 20, 2013 -109-City of Hermosa Beach 9.8 Performance Security Beyond Service Term Some Agreement requirements extend beyond the Term and other requirements, such as minimum Diversion rates per Section 4.2.5, will not be substantiated until after the final service date. Therefore, Contractor shall not terminate the Performance Bond, and will renew them to ensure continuous availability to the City, until receiving a written release from the City. The Performance Bond will automatically expire at the end of twenty-four (24) months after the end of the Term, unless City has notified Contractor in writing as to a specific contractual area of concern yet to be resolved, instructing Contractor to retain all or a portion of the Performance Bond. Neither permission from the City to discontinue holding the Performance Bond, nor permitted expiration after twenty-four (24) months, shall relieve Contractor of payments to the City that may be due, or may become due. March 20, 2013 -110-City of Hermosa Beach ARTICLE tO CITY'S RIGHT TO CONTRACT WITH THIRD PARTIES TO PERFORM FRANCHISED SERVICES City may contract with another Solid Waste enterprise to Collect and transport Solid Waste in the event Contractor for any reason (except as provided below regarding Force Majeure) refuses or is unable to Collect Solid Waste for a period of more than forty- eight (48) hours. City must provide twenty-four (24) hours prior written notice to Contractor during such time before contracting with another solid waste enterprise. In such event Contractor must identify sources from which such substitute solid waste services are immediately available and reimburse City for all of its expenses for such substitute services during period in which Contractor does not provide Collection and transportation services required by this Agreement. March 20, 2013 -111-City of Hermosa Beach ARTICLE 11 DEFAULT, REMEDIES AND LIQUIDATED DAMAGES 11.1 Events of Default All provisions of this Agreement to be performed by Contractor are considered material. Each of the following (by way of example and not as an exhaustive list) shall constitute an event of default by the Contractor. A. Fraud or Deceit or Misrepresentation. If the Contractor engages in, or attempts to practice, any fraud or deceit upon City or makes a misrepresentation regarding material information to City. B. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or unwilling to pay its debts, files a bankruptcy petition or takes steps to liquidate its assets. C. Failure to Maintain Insurance Coverage and Valid Permits and Licenses. If Contractor fails to provide or maintain in full force and effect the Workers 1 Compensation, liability, or indemnification coverage, as well as valid permits and licenses as required by this Agreement. D. Violations of Regulation. If Contractor violates any orders or filings of any regulatory body having jurisdiction over Contractor relative to this Agreement, provided that Contractor may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of the Franchise and this Agreement shall be deemed to have occurred until a final decision adverse to the Contractor is entered. E. Failure to Pay. If Contractor fails to make any payments required under this Agreement and/ or refuses to provide City, within ten (10) days of the demand, with required information, reports, and/ or records in a timely manner as provided for in the Agreement. F. Failure to Cooperate with Audits. Failure to complete, perform or cooperate with any audit as described by this Agreement. March 20, 2013 -112-City of Hermosa Beach G. Failure to Submit Reports or Documentation. Failure to complete or to provide required reports or documents to City as required by this Agreement. H. Acts or Omissions. A. Any act or omission by Contractor relative to the services provided under this Agreement which violates the terms, conditions, or requirements of this Agreement, or AB 939, or any law, statute, ordinance, order, directive, rule, or regulation issued pursuant to AB 939 shall constitute a default by Contractor. Any failure to correct or remedy any such violation within the time set in the written notice of the violation or, if Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice, if Contractor should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter, shall constitute a default by Contractor. B. Any situation in which Contractor or any of its officers, directors or employees is found guilty of any crime related to the performance of this Agreement, or of any crime related to anti-trust activities, illegal transport or Disposal of hazardous or toxic materials, or bribery of public officials shall constitute a default by Contractor. The term II found guilty" shall be deemed to include any judicial determination that Contractor or any of Contractor's officers, directors or employees is guilty as well as any admission of guilt by Contractor or any of Contractor's officers, directors or employees including, but not limited to, the plea of "guilty", "nolo contendere", "no contest", and II guilty to a lesser charge." I. False or Misleading Statements. Any representation or disclosure made to City by Contractor in connection with or as an inducement to entering into this Agreement, or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement. J. Attachment. The seizure of, attachment of, or levy on, the operating equipment of Contractor, including, without limits, its equipment, maintenance or office facilities, or any part thereof. K. Suspension or Termination of Service. If Contractor ceases to provide all or a portion of the Collection, processing or Recycling services, or any other Solid Waste Handling Services as required under this Agreement (including, without limitation, March 20, 2013 -113-City of Hermosa Beach failure to provide service due to labor unrest including strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action, unless all requirements of Section 11.4 are met) for two (2) or more consecutive days. L. Failure to Provide Assurance of Performance. If Contractor fails to provide reasonable assurances of performance as required under Section 11.6. M. Commingling of Recyclables With Refuse I Landfilling of Recyclables. If Contractor empties Containers of properly set out Recyclable Materials or Green Waste into a Refuse load, or transports Recyclable Materials or Green Waste to a landfill or other location at which the material will not be diverted from landfilling (with the exception of Green Waste used as alternative daily cover provided full Diversion credit is received). N. Failure to Meet Section 4.2.5 Diversion Goal. Failure to meet the minimum recycling requirements identified in Section 4.2.5 for two (2) consecutive calendar years. Contractor shall have five (5) business days from the time it is given notification by City to cure any default arising under subsections E, F, G, J, K, Land M provided, however, that City shall not be obligated to provide Contractor with a notice and cure opportunity if Contractor has committed the same or similar breach within a twenty- four (24) month period. It is expressly understood that Contractor is not entitled to receive notice of default, or to cure such default, with respect to those matters listed in subsections A, B, C, D, H, I, and N above. 11.2 Right to Terminate Upon Default and Right to Specific Performance If Contractor commits a material breach included in Section 11.1 above (and, if permitted to cure, does not cure it within the five days), City shall be entitled to unilaterally terminate this Agreement or impose other such sanctions (which may include financial sanctions, temporary suspensions or any other conditions it deems appropriate short of termination) as it shall deem proper. Should City decide to terminate this Agreement upon a default by Contractor, City shall have the right to do so upon giving ten (10) days' notice to Contractor, and shall not be required to take any further action (such as holding any hearing, bringing any suit or taking any other action.) March 20, 2013 -114-City of Hermosa Beach City may seek to revoke or suspend this Agreement for violation of any other provisions of this Agreement in accordance with the Hermosa Beach Municipal Code Section 8.12.090-130. City's rights to terminate this Agreement and contract with third parties to perform services are not exclusive, and City's termination of this Agreement shall not constitute an election of remedies. Instead, such remedies shall be in addition to any and all other legal and equitable rights and remedies which City may have. By virtue of the nature of this Agreement, the urgency of timely continuous and high- quality service, the time required to effect alternative service, and the rights granted by City to Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to seek injunctive relief and/ or specific performance of any breach of this Agreement. 11.3 Liquidated Damages A. General. City finds, and Contractor agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of certain specific obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the services that are the subject of this Agreement might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such specific breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties further acknowledge that consistent, reliable Solid Waste Handling Service is of utmost importance to City and that City has considered and March 20, 2013 -115-City of Hermosa Beach relied on Contractor 1s representations as to its quality of service commitment in entering this Agreement with it. The Parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which City will suffer. Therefore, without prejudice to City 1s right to treat such breaches as an event of default under this Article 11, the Parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for such specific breaches, considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each party specifically confirms the accuracy of the statements made above and the fact that each party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Contractor Initial Here ----- City Initial Here. ____ _ Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below: 1. Collection Reliability March 20, 2013 a) For each failure to commence service to a new Customer account within seven (7) days after order, which exceeds five (5) such failures per calendar year: $50.00 b) For each failure, which exceeds ten (10) such failures annually, to Collect Solid Waste from any established Customer account on the scheduled Collection day and not make up the Collection within the time allotted per Section 4.6.1.3: $50.00 -116-City of Hermosa Beach c) For each failure to Collect Solid Waste, which has been properly set out for Collection, from the same Customer on two (2) consecutive scheduled pickup days: $50.00 2. Collection Quality a) For each occurrence of failure to properly return empty Containers to avoid pedestrian or vehicular traffic impediments or to place Containers upright which exceeds ten (10) such occurrences per calendar year: $25.00 b) For each occurrence in violation of the City's noise ordinance which exceeds ten (10) per calendar year: $150.00 c) For each occurrence of Collecting Solid Waste during unauthorized hours which exceeds five (5) such occurrences per calendar year: $150.00 d) For each failure to clean up Solid Waste spilled from Solid Waste Containers within ninety (90) minutes which exceeds ten (10) such failures per calendar year: $150.00 3. Customer Responsiveness March 20, 2013 a) For each failure to initially respond to a Customer complaint within one (1) business day in accordance with Section 5.1.2, and for each additional day in which the complaint is not addressed, which exceeds five (5) per calendar year: $100.00 b) For each failure to process Customer complaints as required by Article 5, Section 5.1.2, which exceeds five (5) per calendar year: $100.00 c) For each failure to remove graffiti from Containers, or to replace with Containers bearing no graffiti, within twenty-four (24) hours (except Sundays and holidays) of request from City or Customer, which exceeds five (5) per calendar year: $50.00 per day d) For each failure to repair or replace a damaged or missing Container within three (3) business days of request from City or Customer, which exceeds five (5) per calendar year: $ 50.00 per day -117-City of Hermosa Beach e) For each failure to process a claim for damages within thirty (30) days from the date submitted to Contractor: $100.00 f) For each additional thirty (30) day increment of time in which Contractor has failed to resolve a claim for damages within thirty (30) days from the claim date: $100.00 g) For each failure to respond on-site to an emergency within one hour of notification by City: $100.00 4. Diversion Efforts a) For each calendar year in which Contractor fails to provide support to the City within thirty (30) days of year-end, documenting that it diverted at least the minimum tonnage required by Section 4.2.5 under this Agreement (beginning with the partial year July to Dec. 2013 as the first applicable period): $25 for each ton below tonnage level necessary to meet Diversion goal b) For every Recycling or Green Waste Container Collected as Refuse without issuing a red tag or other warning per Section 4.2.3 which exceeds ten (10) failures per calendar year: $25 per Cart 5. Timeliness of Submissions to City Any report shall be considered late until such time as a correct and complete report is received by City. For each calendar day a report is late, the daily liquidated damage amount shall be: i) Monthly Reports: $50 per day ii) Annual Reports: $100 per day 6. Accuracy of Billing March 20, 2013 Each Customer invoice that is not prepared in accordance with the City's approved rate schedule, or includes charges not identified on the City-approved rate schedule or otherwise approved in writing by the City, in excess of ten (10) invoices annually, and that are not accurately corrected in the next Billing run: -118-City of Hermosa Beach $25 per invoice, not to exceed $2,500 per Billing run 7. Cooperation with Service Provider Transition a) For each day routing information requested by City Manager in accordance with Section 12.8 is received after City-established due dates, both for preparation of a request for proposals and for new service provider's implementation of service : $1,000/ day b) For each day delivery of keys, access codes, remote controls, or other means of access to Solid Waste Containers is delayed beyond one (1) day prior to new service provider servicing Customers with access issues, as described in Section 12.8: $1,000/ day c) For delay in not meeting the requirements contained in Sections 7.3 and 12.8 in a timely manner, in addition to the daily liquidated damages for breach under 7(a) and 7(b) above, liquidated damages of: $10,000 City Manager may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of Customer complaints. Prior to assessing liquidated damages, City Manager shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/non- performance. Contractor may review (and make copies at its own expense) all information in the possession of City Manager relating to incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with City Manager. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City Manager will provide Contractor with a written explanation of its determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City Manager shall be final. C. Amount. City Manager may assess liquidated damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement. March 20, 2013 -119-City of Hermosa Beach D. Timing of Payment. Contractor shall pay any liquidated damages assessed by City Manager within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, City may proceed against the performance bond required by the Agreement or find Contractor in default and terminate this Agreement pursuant to Section 11.2, or both. 11.4 Excuse from Performance 11.4.1 Force Majeure The Parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other natural disasters, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. 11.4.2 Labor Unrest Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job actjon conducted by the Contractor's employees or directed at the Contractor will be considered an excuse from performance to the extent that Contractor meets the terms of this Section 11.4. Notwithstanding other remedies to which the City shall be entitled under this Agreement in event of failure to perform, in the event of Contractor's failure to perform, or anticipated failure to perform, due to labor unrest, Contractor shall: 1) Provide a contingency plan to the City Manager within ninety (90) days of the execution of this Agreement demonstrating how services will be provided during the period of labor unrest. The contingency plan is subject to City approval, and Contractor shall amend the plan to meet City requirements, including reasonably demonstrating how City's basic Collection and sanitary needs will be met to the City's satisfaction. Plan shall address, at a minimum, the priority of Collection by customer type (residents, hospitals, restaurants, nursing homes, etc.) and waste streams, additional Collection options to be provided (drop-off sites, etc.), source of additional personnel to be utilized, and detailed communications procedures to be used. March 20, 2013 -120-City of Hermosa Beach 2) Notify City Manager sixty (60) days prior to the expiration of its drivers' labor agreement. 3) Meet the requirements agreed to in the contingency plan. 4) Meet requirements of 11.4.3 below. Contractor shall meet all requirements under this Section or City may choose to revoke this excuse from performance offered under this Agreement and may choose to use enforcement provisions under this Agreement, including Sections 11.1, 11.2 and 11.3, in which case Contractor is not excused from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. 11.4.3 Procedures In Event of Excused Performance The party claiming excuse from performance under Section 11.4.1 or 11.4.2 shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this section. Throughout service disruption, Contractor shall: 1) Provide City with a minimum of daily service updates. 2) Notify Customers on a real-time basis as to alternative Collection procedures. At a minimum, Contractor shall update its website and shall provide ongoing updates to City for use on its website, and a "reverse 911" contact method to reach all possible Customers. Should enhanced contact technologies become available, Contractor shall use such methods upon approval from City. The interruption or discontinuance of the Contractor 1s services caused by one or more of the events excused shall not constitute a default by the Contractor under this Agreement. Notwithstanding the foregoing, however, if the Contractor is excused from performing its obligations hereunder for any of the causes listed in this section for a period of thirty (30) days or more, the City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) days 1 notice, in which case the provisions relative to contracting with third parties in Article 10 and this Article 11 will apply. March 20, 2013 -121-City of Hermosa Beach 11.5 Notice, Hearing and Appeal of City Breach (A) Administrative Hearing. Should Contractor contend that City is in breach of any aspect of this Agreement, it shall give notice to the City Manager requesting an administrative hearing on the allegation. A hearing officer shall be appointed by the City Manager, and the hearing shall occur as soon as reasonably possible, or on such date as mutually agreed by the City Manager. The hearing officer shall make an advisory ruling on Contractor's allegations, and suggest a remedy if a breach by City is determined to exist. The hearing officer's ruling shall be advisory only. (B) Other Remediesj Claims. Contractor shall be entitled to all available remedies in law or equity for City's breach of this Agreement; provided, however, Contractor shall not file or otherwise commence any action against City, in law or equity, in any court, until after an administrative hearing as set forth above has been completed, and a thirty (30) day period to accept the hearing officer's decision has passed, or either City or Contractor has given timely written notice to the other that it will not accept the hearing officers decision. (C) Actions for Damages. As a prerequisite to the filing and maintenance of any action for damages by Contractor against City arising out of this Agreement, Contractor shall present a claim to City, as required by Government Code section 910 et seq, within thirty (30) days of the date of the occurrence giving rise to the claim for damages. 11.6 Assurance of Performance City may, at its option and in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as City may require. If Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by City, such failure or refusal shall be an event of default. March 20, 2013 -122-City of Hermosa Beach ARTICLE12 MISCELLANEOUS PROVISIONS 12.1 Relationship of Parties The Parties intend that Contractor shall perform the services required by this Agreement as an independent contractor engaged by City and not as an officer or employee of City, nor as a partner of or joint venture with City. No employee or agent or Contractor shall be or shall be deemed to be an employee or agent of City. Except as expressly provided herein, Contractor shall have the exclusive control over the mam1er and means of conducting the Solid Waste Handling Services performed under this Agreement, and all Persons performing such services. Contractor shall be solely responsible for the acts and omissions of its officers, employees, Affiliates, contractors, subcontractors and agents. Neither Contractor nor its officers, employees, Affiliates, contractors, subcontractors and agents shall obtain any rights to retirement benefits, workers 1 compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with City. 12.2 Compliance with Law In providing the services required under this Agreement, Contractor shall at all times, at its sole cost, comply with all applicable laws and regulations of the United States, the State of California, and any federal, state, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended, including but not limited to the payment of prevailing wage, if applicable. 12.3 Governing Law This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 12.4 Jurisdiction Except for those matters where Federal Courts have exclusive jurisdiction, any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits. March 20, 2013 -123-City of Hermosa Beach With respect to venue, the Parties agree that this Agreement is made in and will be performed in Los Angeles County. 12.5 Assignment Except as may be provided for in Article 10 (City's Right to Perform Service), Contractor shall not assign its rights, nor delegate, subcontract or otherwise transfer its obligations under this Agreement (collectively referred to as an "assignment") to any other Person without the prior written consent of City Council. Any such assignment made without the consent of City shall be void and the attempted assignment shall constitute a material breach of this Agreement. For purposes of this section the term "assignment" shall be given the broadest possible interpretation, and shall include, but not be limited to (i) a sale, exchange or other transfer of substantially all of Contractor's assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer of outstanding common stock of Contractor to a third party provided said sale, exchange or transfer may result in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re-capitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction which results in a change of ownership or control of Contractor; (iv) any assignment by operation of law, including those resulting from mergers or acquisitions by or of Contractor of any of its Affiliates, insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor's property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership, or change of control of Contractor. Contractor acknowledges that this Agreement involved rendering a vital service to City's residents and businesses, and that City has selected Contractor to perform the services specified herein based on (1) Contractor's experience, skill and reputation for conducting its Solid Waste Handling Services in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental Laws, regulations and best Solid Waste management practices, and (2) Contractor's financial resources to maintain the required equipment and to support its indemnity obligations to City under March 20, 2013 -124-City of Hermosa Beach this Agreement. City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement. If Contractor requests City's consideration of and consent to an assignment, City may deny or approve such request in its sole and absolute discretion. Any request for an assignment must be approved by the City Manager, and no request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met (or with respect to matters that would only occur upon completion of the assignment if approved, made reasonable assurances that it will meet) the following requirements: a) Contractor shall pay City its reasonable expenses for attorney's fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment. An advance payment towards expenses may be requested by City prior to City consideration of any assignment request and Contractor shall be responsible to pay all costs incurred by City in considering a request for assignment, including those in excess of the aforesaid deposit amount, regardless of whether City consents to the assignment. b) Contractor shall pay a transfer fee to the City equal to one percent (1%) of the annual Gross Receipts for the most recent twelve (12) months prior to the effective date of the change of ownership, multiplied by the number of remaining years, or fraction thereof, under this Agreement. (This requirement will not be required in the event of an assignment to an Affiliate of Contractor); c) Contractor shall furnish City with audited financial statements for itself, and the proposed assignee's operations for the immediately preceding three (3) operating years. (This requirement shall not be required of an Affiliate.) d) Contractor shall furnish City with a pro-forma financial statement (income statement and balance sheet) for the proposed assignee with the projected results of operations assuming that the assignment is completed. Such pro-forma financial statement shall reflect any debt to be incurred by the assignee as part of the acquisition of Contractor's operations. (This requirement shall not be required of an Affiliate.) March 20, 2013 -125-City of Hermosa Beach e) Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of Solid Waste management experience on a scale equal to or exceeding the scale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any federal, state or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with state, federal or local Environmental Laws and that the assignee has provided City with a complete list of any such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste management practices in accordance with sound Solid Waste management practices in full compliance with all federal, state and local laws regulating the Collection and Disposal of Solid Waste including Hazardous Substances; and, (v) of any other information required by City to ensure the proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner. Under no circumstances shall City be obliged to consider any proposed assignment by City if Contractor is in default at any time during the period of consideration. Should City consent to any assignment request, such assignment shall not take effect until all conditions relating to City's approval have been met. 12.6 Contracting or Subcontracting Contractor shall not utilize any subcontractors, in direct interaction with City customers or City staff, for the performance of the services under this Agreement, except with the consent of the City Manager, which may be withheld or delayed at its sole and absolute discretion. 12.7 Binding on Assigns The provisions of this Agreement shall inure to the benefit to and be binding on the permitted assigns (if any) of the Parties. 12.8 Cooperation in Preparation for Termination or Expiration of Contract Prior to, and at, the end of the Term or in the event this Agreement is terminated for cause prior to the end of the Term, Contractor shall cooperate fully with City and any March 20, 2013 -126-City of Hermosa Beach subsequent Solid Waste enterprise it designates to assure a smooth transition of Solid Waste Handling Services. Contractor's cooperation shall include, but not be limited to, providing route lists, Billing information and other operating records needed to service all Premises covered by this Agreement. Cooperation is required in a timely manner to assist with the City's preparation of a request for proposals or a new agreement, as well as at the time of transition. The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/ or other equitable relief necessary to enforce this covenant. Contractor shall provide a new service provider with all keys, security codes and remote controls used to access garages and Bin enclosures. Contractor shall be responsible for coordinating transfer immediately after Contractor's final pickups, so as not to disrupt service. Contractor shall provide City with detailed route sheets containing service names and addresses, Billing names and addresses, monthly rate and service levels (number and size of Containers and pickup days) at least ninety (90) days prior to the transition date, and provide an updated list two (2) weeks before the transition and a final list of changes the day before the transition. Contractor shall provide means of access to the new service provider at least one (1) full business day prior to the first day of Collection by another party, and always within sufficient time so as not to impede in any way the new service provider from easily servicing all Containers. 12.9 Parties in Interest Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons other than the Parties to it and their representatives, successors and permitted assigns. 12.10 Waiver The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either Party of any moneys which become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other Party of any provision of this Agreement. March 20, 2013 -127-City of Hermosa Beach 12.11 Contractor's Investigation Contractor has made an independent investigation (satisfactory to Contractor) of the conditions and circumstances surrounding the Agreement and the work to be performed by it. 12.12 Condemnation City fully reserves the rights to acquire Contractor's property utilized in the performance of this Agreement, by purchase or through the exercise of the right of eminent domain. This provision is additive, and not intended to alter the rights of the Parties set forth in Article 10 . 12.13 Notice All notices, demands, requests, proposals, approvals, consents and other communications which this Agreement requires, authorizes or contemplates shall be in writing and shall either be personally delivered to a representative of the Parties at the address below or be deposited in the United States mail, first class postage prepaid, addressed as follows: If to City: City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 If to Contractor: Gary Clifford Chief Operating Officer Athens Services 14048 Valley Boulevard City of Industry, California 91746 A copy of such communications shall also be electronically mailed to the recipient party. The sending party shall confirm the current e-mail address of the City Manager or Chief Operating Officer at the time of notice . The address to which communications may be delivered may be changed from time to time by a written notice given in accordance with this section. March 20, 2013 -128-City of Hermosa Beach Notice shall be deemed given on the day it is personally delivered or, if mailed, three (3) days from the date it is deposited in the mail. 12.14 Representatives of the Parties References in this Agreement to the 11 City'' shall mean the City Council and all actions to be taken by City shall be taken by the City Council except as expressly provided herein. The City Council may delegate, in writing, authority to the City Manager, and/ or to other City employees and may permit such employees, in turn, to delegate in writing some or all of such authority to subordinate employees. Contractor may rely upon actions taken by such delegates if they are within the scope of the authority so delegated to them. Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve as the representative of Contractor in all matters related to the Agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind Contractor. City may rely upon action taken by such designated representative as actions of Contractor unless they are outside the scope of the authority expressly delegated to him/her by Contractor as communicated to City. 12.15 City Free to Negotiate with Third Parties City may investigate all options for the Collection, transporting, Recycling, processing and Disposal of Solid Waste for periods during which this Agreement has expired or been terminated. Without limiting the generality of the foregoing, City may solicit proposals from Contractor and from third parties for the provision of Solid Waste Handling Services which are the subject of this Agreement, including without limitation Collection services, Disposal services, Recycling services, Green Waste services and processing, and any combination thereof, and may negotiate and execute agreements for such services which will take effect upon the expiration or earlier termination of this Agreement pursuant to Section 11.1 or otherwise. 12.16 Compliance with Municipal Code Contractor shall comply with those provisions of the municipal code of City which are applicable, and with any and all amendments to such applicable provisions during the Term of this Agreement. March 20, 2013 -129-City of Hermosa Beach 12.17 Privacy Contractor shall strictly observe and protect the rights of privacy of Customers. Information identifying individual Customers or the composition or contents of a Customer1s waste stream shall not be revealed to any Person, governmental unit, private agency, or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the Customer. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939. This provision shall not apply to reports or records provided to City pursuant to this Agreement. 12.18 Proprietary Information, Public Records The City acknowledges that a number of the records and reports of Contractor are proprietary and confidential. Contractor is obligated to permit City inspection of its records on demand and to provide copies to City where requested. City will endeavor to maintain the confidentiality of all proprietary information provided by Contractor. Notwithstanding the foregoing, any documents provided by Contractor to City that are public records may be disclosed pursuant to a proper public records request. 12.19 Entire Agreement This Agreement contains the entire integrated agreement and understanding concerning the subject matter herein and supersedes and replaces any prior negotiations, promises, proposals (including Contractor's Proposal), and agreements between the Parties, whether written or oral. The Parties acknowledges this document has been executed with the consent and upon the advice of counsel. Each of the Parties acknowledges that no Party or agent or attorney of any other party has made any promise, representation, or warranty, express or implied, not contained in this Agreement, to induce the other Party to execute this instrument. 12.20 Section Headings The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. March 20, 2013 -130-City of Hermosa Beach 12.21 References to Laws and Other Agreements All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or re-codified, unless otherwise specifically provided. 12.22 Interpretation This Agreement, including the Exhibits attached hereto, shall be interpreted and construed reasonably and neither for nor against either Party, regardless of the degree to which either Party participated in its drafting. 12.23 Agreement This Agreement may not be modified or amended in any respect except by a writing signed by the Parties. 12.24 Severability If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement which shall be enforced as if such invalid or unenforceable provision had not been contained herein. 12.25 Exhibits Each of Exhibits identified as Exhibit 11 1 11 through 11 1211 is attached hereto and incorporated herein and made a part hereof by this reference. 12.26 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 recover its reasonable attorney's fees and costs. Attorneys' 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 March 20, 2013 -131-City of Hermosa Beach have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year first above written. CITY OF HERMOSA BEACH DATED: Z/.,tnM I~ CITY OF HERMOSA BEACH By: ~d/k ---..:~.'1. Mayor Michael Jenkins City Attorney Elaine Doerfling City Clerk March 20, 2013 f' Arakelian Enterprises Inc. dba Athens Services Secretary /Treasurer -132-City of Hermosa Beach March 20, 2013 EXHIBIT 1 RESERVED City of Hermosa Beach EXHIBIT 2 INITIAL MAXIMUM RATES F 11 h f J 1 1 2013 hr h J o to wmg are t e rates or uty , t o ugJ une 30 2014 ' Monthly Residential Cart Service Rates (Option 1: Cart System) Standard Service Includes one refuse cart and one or more recycling carts. Green waste carts are provided on a subscription basis. Cart Size : 20-gallon* 35-gallon* 64-gallon* 96-gallon* Standard Service -based upon refuse cart size $5.69 $6.69 $10.69 $14.69 Additional Refuse Cart-above one nja $4.00 $6.00 $8.00 Additional Recycling Cart $0 $0 $0 $0 Each Yard Waste Cart nja $3.70 $4.20 $4.70 Alternative "Can" Service (if carts not feasible) Equivalent cart rates based on capacity Active Military Rate Reduction -above rates reduced by 25% Senior Low Income Discount -above rates (excluding 20-gallon rate) reduced by 10% Other Cart Rates and Services (Charged in Addition to Monthly Cart Service Rates) Walk-Out Service-upon request $4.00 Walk-Out Service-authorized disabled customers No charge Additional Special Overage Pickup for Automated Cart Customers $5 per pickup (in excess of six pickups per year) Additional Bulky Item pickups (in excess of two free pickups per $30.00 per pickup dwelling unit per year) Cart Exchange (in excess of free exchanges to be provided) $15 per request Returned Check ("NSF") Fee (applicable to all customers) Credit Card Declined Fee (applicable to all customers) Optional HHW Door-to-Door Collection-per dwelling unit $0.45/month *Including all City fees, including $0.25/home/month AB 939 fee. March 20, 2013 2-1 City of Hermosa Beach EXHIBIT 2 INITIAL MAXIMUM RATES (continued) F lL o owmgare th f J 1 1 2013 tl 1 J e rates or my , 1rougn une 30 2014 ' Additional Service Charges Rate Per Service* Porter Service (total amount to be shared by affected customers per Section 4.1.14) $5,500 per month Commercial Bulky Item Pickup: -1 to 2 items $27.31/ pickup - 3 to 5 items $54.61/pickup - 6 to 10 items $109.21/pickup -Each additional item on same pickup $27.31/ add'l item Bin Return Trip/Dry Run Fee $50.00 per trip Bin Re-delivery Fee (if bins are pulled for non-payment) $45.00 per bin Bin Cleaning (over once per year) $40.00 3-yard Temporary Bin -Per dump (delivery, disposal and 7-day rental included) $100.35 -Rental per day after 7 days without a dump Special Event Litter Boxes -Rate per box $4.50 -Rate per box of 200 liners $50.00 Emergency Service Rates -one crew and one collection truck $85.00/hour *Including all City fees, inclusive of AB 939 fees on page 2-5 . March 20, 2013 2-3 City of Hermosa Beach EXHIBIT 2 INITIAL MAXIMUM RATES (continued) F ll o .owmg are th t f J 1 1 2013 tl l J era es or u1y , uougn une 30 2014 I Monthly Bin Rates(l) Pickups per week Container Size Extra 1 2 3 4 5 6 7 Empty Refuse 32-gallon cart (2) $23 .33 $40.87 $57.45 $74.99 $91.56 $109.10 $136.29 64-gallon cart (2) $37.02 $64.39 $90.80 $117.2 $143.61 $170.98 $211.86 96-gallon cart (2) $50.69 $84.98 $119.26 $153.55 $187.83 $222.12 $256.40 1 yard bin $69.35 $104.56 $140.84 $176.06 $210.21 $246.49 $288.10 $40.50 1.5 yard bin $77.36 $117.38 $167.00 $197.42 $236.37 $315 .86 $369.75 $40.50 2 yard bin $93.91 $145.14 $197.45 $248.69 $292.46 $337.30 $393.87 $40.50 3 yard bin 109.92 $170.77 $230.56 $291.41 $351.19 $410.98 $482.50 $52.07 4 yard bin $132.33 $204.93 $309.53 $351.20 $423.80 $497.46 $581.79 $52.07 6 yard bin $166.51 $258.34 $351.24 $443.08 $535.98 $627.82 $734.59 $52.07 8 yard bin $207.07 $322.40 $434.53 $545.59 $652.39 $764.52 $895.85 $61 .78 Recvcling 18-gallon cart (3) $7.41 nja 32-gallon cart (3) $11.58 $20.27 $28.47 $37.15 $45.36 $54.04 $68.55 64-gallon cart (3) $18.34 $31.82 $44.87 $57.90 $70.93 $84.44 $104.70 96-gallon cart (3) $25.09 $41.98 $58.87 $75.75 $92.64 $109.53 $126.42 1 yard bin $30.88 $46.32 $62.24 $77.68 $92.64 $108.56 $126.90 1.5 yard bin $34.26 $51.63 $73.34 $86.37 $103.26 $138.48 $162.12 2 yard bin $41.50 $63.69 $86.37 $108.56 $127.38 $146.68 $171.29 3 yard bin $48.25 $74.31 $99.88 $125.93 $151.51 $177.08 $207.96 4 yard bin $57.90 $88.78 $134.14 $151.02 $181.90 $213.27 $249.45 Locking Bin Service $5.79 $5.79 $5.79 $5.79 $5.79 $5.79 $5.79 Scout Truck Service $11.57 $11.57 $11.57 $11.57 $11.57 $11 .57 $11.57 Push-Out Service $11.57 $11.57 $11.57 $11.57 $11.57 $11.57 $11.57 (1) Includmg all C1ty fees. (2) Applicable to businesses . All residential cart customers are charged in accordance with the Residential Cart Service Rates on page 2-1 . (3) Not applicable to residents with cart refuse service; such customers receive recycling service at no additional charge. March 20, 2013 2-2 City of Hermosa Beach EXHIBIT 2 INITIAL MAXIMUM RATES (continued) F ll h f J 1 1 20 3 1 1 o owmg are t e rates or u ly , 1 t u-ougb June 30 20 I 14: Roll-off Box Charges Rate* Roll-off Box Service-Pull Plus Dum12 -Standard Roll-off Box (any size)-Rate per pull (including $181.60 per pull delivery, and rental) -Compactor roll-of£ box -Rate per pull (does not include provision of compactor) 20 yard compactor $195.52 per pull 30 yard compactor $201.02 per pull -- 40 yard compactor $203.52 per pull -Compactor Monthly Lease $550.00 per month Per Ton Rate $ 61.56 per ton Per Ton Rate-Pier Compactor Roll-Off Only, for composting $65.00 per ton Per day rental after 7 days without a pull $10.00 per day Additional Roll-off Box Fees -Overweight charge (per ton over ten tons/load) 25% of Per Ton Rate -Dry Run/Redelivery /Return Trip/Relocation Fee $50.00 *Including all City fees, inclusive of AB 939 fees on page 2-5. March 20, 2013 2-4 City of Hermosa Beach EXHIBIT 2 INITIAL MAXIMUM RATES (continued) AB 939 Fees Included in the Above Rates I Refuse Number of Collections per Week Container Size 1 2 3 4 5 6 7 32-Gallon Cart $ 0.17 $ 0.34 $ 0.51 $ 0.68 $ 0.85 $ 1.02 $ 1.19 ·-· ~ ........ 64-Gallon Cart . $ 0.35 $ 0.70 $ 1.05 $ 1.40 $ 1.75 $ 2.10 $ 2.45 ··- 96-Gallon Cart I $ 0.51 $ 1.02 $ 1.53 $ 2.04 $ 2.55 $ 3.06 $ 3.57 ·-, ·····~--· ---~-.. ---·-------1 Cubic Yard $ 1.08 $ 2 .16 $ 3.24 $ 4.32 $ 5 .40 $ 6.48 $ 7.56 1.5 Cubic Yard $ 1.62 $ 3.24 $ 4.86 $ 6.48 $ 8.10 $ 9.72 $ 11.34 2 Cubic Yard $ 2.17 $ 4.34 $ 6.51 $ 8.68 $ 10.85 $ 13.02 $ 15.19 3 Cubic Yard I $ 3.25 $ 6.50 $ 9.75 $ 13.00 $ 16.25 $ 19.50 $ 22.75 4 Cubic Yard $ 4.33 $ 8.66 $ 12.99 $ 17.32 $ 21.65 $ 25.98 $ 30.31 6 Cubic Yard $ 6.50 $ 13.00 $ 19.50 $ 26.00 $ 32.50 $ 39.00 $ 45.50 8 Cubic Yard $ 8.66 $ 17.32 $ 25.98 $ 34.64 $ 43.30 $ 51.96 $ 60.62 I I I I Container/Service Type I I AB 939 Fee I I Roll-Of£ Box Pulls I I ~.-~:andard Roll-Off Bo~·~;O, 30, 40 yard··----· I $ ··-~-~:-~o I per pull I $ 5.00 per pull I Compactor Roll-Off Box -20 yard -+-··-· Compactor Roll-Off Box-30 yard $ 7.50 per pull I Compactor Roll-Of£ Box-40 yard $ 10.00 i per pull 1 --··-··········-·········-···-·-·-··········-······-······-····--···---···············--·········-···--··--·····-·······J ··-··;-·······-· .. --·-.. ·~·:·;~···~··;-~~-~~:~--.. ··-~ Temporary Bin 3 Cubic Yard March 20, 2013 2-5 City of Hermosa Beach EXHIBIT 3A EXAMPLE RATE ADJUSTMENT FORMULA-CART & BIN Ron Adjustment Factor lnck,>,. Old lndc::\ Value I L'lbOl (!) 109,7 I 2 Fuel (2) l70 0 3 EquipmelH (3) 125 I 4 Oisposfl l (4) 2 19.960 5 All Other (5) 219.960 D C ost Factor Catcgor;y Rm' Adjus tment Faclor In de:). \Veightcd HS a% of COlllJlOIICilf TOIIl l (6) 6 L'lbtu (J) 25 ,0"/o 7 Fuel (2) 5.0% 8 Equipme nt (3) 13.0"/o 9 Disposal (4) 27.0% LO AIIOthcJ {5) 30 0"/o 11 Totnl HlCI.m> G Current Customer Row Example Rate Categories Rate(7) 12 Res . sen• ice w/64-gai.Jefusc l0.6l) 13 Res ~ service w/32-g<:~l, refuse s 669 14 Ex11a 1.>4-g<ll refuse cmt s ll.OO 15 Exira 32-gHI rcfilSC CUlt s 400 16 Alt.= Res idential nHc s 1069 17 3 cu,yd. bin I x week s 19092 18 3 en ~ yd. bin 2x week 170.77 19 3 yd bin, cxt1 a pickup 52 07 20 ConnJCrcin l 96gal. c:.11t 50.69 I< Row Adj us 1 me nt Factor Index Cost Component (Column D) 21 l..<Jbor (I) 250%1 22 Fue l (2) 5.00/o 23 Equ ipmc nl (3) J3 .0% 24 Disposnl (4) 27.0"/o 25 AIIOthc1 (5) ~I 26 Total 100.0% Percent Change 1n i\c\\ lnck>:t Value Index ((Cnl u mn 8 / C ulunm A) -1 ) J 12.2 2,3% 173 .2 1.5% 129.1 32% 221.931 0.9 % 221 .931 0 ,9% Step Two: Determine compone nts F. F Pe1·cent C ha nge In Total \Veighted Change Index (from C olumn C ) (Columns D >. E) 2.3% 0,6 % 1.5% 0.1% 3.2% 0.4% o .~/u 0.2% 0.9% ~ t .6o/. StepTiu·ee: Apply percentage change lo rates H Total "'elghted Rate lncreas e or Pcrcenhlge Change Decrease (from Column F) (Column G >.Col umn JJ) 1.6% 0.17 16% 0.11 1.6% 0.10 J.6% 0.06 1.6% 0.17 J .6o/o 3.05 ].6% 2.73 1.6% 0 83 1.6% 0.81 Stt, •·our : Rc:--,n~le,ht ro:t l tom xm~niS L M Change in Cost Percent Change in Componenl \\'eightings Index (Column E) (Colunm K x Column L) 2.3% 0.6% 1.5% 0 .1% 3.2% 0.4% 0.9% 0.2% 0.9"/o 0 .3% Adjusted Rate (C olumn G + C olumn I) 10,86 6.80 6.10 4,06 10.86 193.97 173.50 52 .90 s 51 .50 I" Adjusted Cost Componenl \\'eightings (Column}(+ Column M) 25.6% 5.1% 13.4% 27.2% .2l1lli 101 .6% _0 Cost Components Re\\'e ighted to Equal I 00°/o (Column N Ru\\ dhidcd h) Col umn .N Total) 25.2% 50% 13,2% 26,R% IOOJJO/o (1) Employme nt Cost Ind ex CrU20100005200000T. Total compensation, P rivate indust•·y, Tnd ex number, Tra ns porta li on and mat~rial moving-average annual change.* (2) Producer PI' ice Index, V\'PU 053 1 not seasona ll y ctdju s ted, Fuels and related producL<> and power, nalural gas-average annual change.* (3) P roducer Price Index, PCU3361203361 20, Hcnvy duty truck mRnufilcturing-average annual change,• (4) Consumer Price Index for All Urban Consumers, Jess food cm d energy, U.S, city average-avera ge annual change"' or 5%, whichever is lower, (5) Cons umer Price Index for All Ur b.;~n Consun1er::;, less food and energy, U 5 . ci ty average-Ave rage annual change." (6) First ycarbilsed on Section 6 ,4 , After the first adjustment, this coumn comes from Colu mn 0 of the prcvjous ycc.r's rate adjustment works h eet. (7) Exampl e riltes listed . Adjustment A.pp lics to a ll applicable ra te categories. • Sec Exh ibit JC. March 20, 2013 3-1 City of Hermosa Beach EXHIBIT 3B EXAMPLE RATE ADJUSTMENT FORMULA-ROLL-OFF BOX Step One: Calculate percentage change in Indices A IJ c Percent Change Tn Index Row Adjustment Factor lmlex Old Index Value Nc\\ Index Value ((Column Bf Column A)-J) l Sen~< Compt~n<nl (l'ull Rn<c) 2 Labor (l) 109.7 112.2 2.3% 3 Fuel (2) 170.6 173.2 1.5'Vll 4 Equipment (3) 125 .1 129.1 3.2% 5 All Other (4) 219,960 221 931 0 .9% 6 !R<fllsdl'on IS) 219.960 221.9:11 09% Step Two: Deter mine components p E " C ost Factor Category Percent Change In Index Total Weighted Change Row Adjustment Factor Index Weighted as a % of (rrom Step One, Column C) (Columns 0 x E) C omponent Total (6) 7 Service Component (Pull RDte) 8 labor (I) 41 ,0% 2.3% 0.9% 9 Fuel (2) 18 .0% 1.5% 0.3% 10 Equipment (3) 13 .0% 3.2% 0.4% II All Other (4) 28.0% 0.9% Q.lli 12 SeiVicc Component Total 100.0% nla 1.9% 13 !Rc(u<c:lfon (S) 100.0% 0_9% Step Three: Apply percentage change to rates G J Total Weighted Rate Increase or Decrease Adjusted Rate Row Rate Category Current Customer Rate Percentage Change (from (Column H x (Column H + Column F) Column I} Column J) 14 Standard RolloffBox Pull RaLe $ 181 .60 1.9% $ 3.45 $ 185 .05 15 30 yd . Compaclor Rollofl'Box Pull $ 201.03 $ 3 .82 $ 204 85 Rate 1..9% 16 I Kcfuse/1 on <S> I $ 61 .56 0.9% 0.55 62.ll Step l'our: R ~wclg ht service c m111 0 U~nt cost tonlporum ts K I, ,\I N 0 Change in Cost Adjusted Cos t Co rnponent Cosl Components Row Adjustment Factor Index Cost Component Percent Change in Index Component Weightings Weighting• (Column K + Reweighted to Equal lOU% (Column D) (Column E) (Column K x C olumn L) Column M_) (Column N. Rm'l' dl\idrd b) Column KTolal) 17 Labor (I) 41.0% 2.3% 0.9% 41.9% 41 ~1% 18 Fuel (2) 18.0% 1.5% 0.3% 18.3% 18.0% 19 Equip1nent (3) 13.0% 3.2% 0.4o/o 13A% 13.2% 20 A ll Other (4) 28 0% 0 .9% 0.3% 28 _3% 27 .7% 21 Total 100,0% 101.9% 100.0% (1) Employment Cost Jndcx CIU20100005200000I, Total compensation, Private industry, Index number, Transportation and materjal moving-average annual change.• (2) Producer Prkc Jndex, WPU 0531 not seasonally adjusted, Fuels and related products and power, natural gas-average annual change.* (3) Producer Price lndcx, PCU336120336120, Heavy duty truck manufacturing-average annual change.* (4) Consumer Price Index for All Urban Consumers, less food and energy, U.S . city average· average annue~l change.* (5) Consume•· Price Index for All Urban Consumers, less food and energy. U.S. city average -average annual change*, or 5%, whichever is lower. (6) First year based on Section 6.4 . After the first adjustment, this coumn comes from Column 0 of the previous year's rate adjustment worksheet, * See Exhibit 3C. March 20, 2013 3-2 City of Hermosa Beach EXHIBIT 3C EXAMPLE RATE ADJUSTMENT FORMULA-CALCULATION FOR AVERAGE ANNUAL CHANGE IN PUBLISHED PRICE INDICES Rate adjustment indices for labor, fuel, equipment and "all other" are calculated using the "average annual change" as demonstrated in the example below, measured for the twelve months ended the March before each rate adjustment, as compared to the twelve months ended the prior March. The Bureau of Labor Statistics publishes these monthly and quarterly indices. The following example is for the Consumer Price Index for All Urban Consumers all items less food and energy index -U.S. City average that is used to adjust the "all other" cost components. If a rate adjustment based on this CPI index were to be implemented as of July 1, 2013, the twelve-month average annual index for the period ended September 2012 of 228.653 would have been the "New Index Value" to be used in Column B of the example rate adjustment formulas in Exhibits 3A and 3B, and the twelve-month average annual index for the period ended September 2011 223.808 would have been the "Old Index Value" in Column A. This would have resulted in a 2.2 % increase to the "all other" cost components in Column c. Consumer Price Index-All Urban Consumers, U.S. City Average Items ess 00 an energy, All. 1 f d d CUUROOOOSAOLlE I Year I Jan I Feb March April May June July August Se pt Oct Nov I Dec I Average I I 2010 I I 222.079 222 .077 1 221 .795 1 I I 2011 I 222.1771 223.011 223.690 224 .118 224 .534 224.891 225.164 2 25.8 74 226.289 I 1 2naoa 1 Average Annual Change: 2.2%; March 20, 2013 3-3 City of Hermosa Beach EXHIBIT4 CITY LITTER AND RECYCLING CONTAINER COLLECTION MAP March 20, 2013 I \ ·-· . " . -' \ - . ; . ,. ' . ' . -~ - ~ ~· ~·\ . ,.. / \ . . . . .. .. ~· . --\ . -· ~· . . -: I I i \ - ,, ·-·~:~ ... :! ; ... ' .. :: . .. . . . : I \ . . I -I \ -! j - --~.,. i' .. .. ..,... . $ City of Hermosa Beach '· . \ Trash Cans and Reoyole Bins Looatlons ~ . ":• ......... . , .. .. \ .. •• ~-1 .. .. /._' -· .. . . .. J •• \ \ \ . . .. .. -\ ,. . . . . Tu.t -..AIMWI~M:lt) e TrU ~· ........ f't4~C.MI ....... tt.MJAU i t) . ~ ........... ,. -• IIIKJ'Idll · ....... -~fUW!l:"'J a lhth --...,.41 ~ TnM 0,.... tc-MM:: tt1J 4 -1 City of Hermosa Beach $ City of Hermosa Beach I Trash Cans and Recycle Bins Locations -· * : * .,._ -.. • * * • • ** •• *• • * ... \ I \ l \ . March 20, 2013 EXHIBIT 5 CORPORATE GUARANTY Not Applicable 5-1 City of Hermosa Beach EXHIBIT 6 Contractor's Faithful Performance Bond KNOW ALL MEN BY THESE PRESENTS: That--------------' a California __ _, as PRINCIPAL, and __ a Corporation organized and doing business by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as SURETY, are held and firmly bound to City, hereinafter called OBLIGEE, in the penal sum of five hundred thousand dollars ($500,000) lawful money of the United States, for the payment of which, well and truly to be made, we and each of us hereby bind ourselves, and our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the above bounden PRINCIPAL has entered into a contract, entitled "INTEGRATED SOLID WASTE MANAGEMENT SERVICES,, with City, to do and perform the following work, to wit: Collect, Process and dispose of Solid Waste generated within City, in accordance with the contract. NOW, THEREFORE, if the above bounden PRINCIPAL shall well and truly perform, or cause to be performed each and all of the requirements and obligations of said contract to be performed by said PRINCIPAL, as in said contract set forth, then this BOND shall be null and void; otherwise it will remain in full force and effect. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. March 20, 2013 City of Hermosa Beach In the event suit is brought by OBLIGEE to enforce the provisions of this bond, said Surety will pay to OBLIGEE a reasonable attorney's fee, plus costs of suit, in an amount to be fixed by the court. IN WITNESS WHEREOF, said PRINCIPAL and said SURETY have caused these presents to be duly signed and sealed this day of 2013 a California Corporation SURETY By: __________ _ By: _________ _ (PRINCIPAL) (ATTORNEY IN FACT) (SEAL) (SEAL) March 20, 2013 City of Hermosa Beach March 20, 2013 EXHIBIT7 RESERVED City of Hermosa Beach EXHIBITS INITIAL SCOUT SERVICE CUSTOMERS Addresses With Scout Service at Start of Contract 835 15TH ST 1600 ARDMORE AVE 30 13TH ST -••·•••••••••••••••••••~••••••••••••••••••••--••••••••••••••••••••••••••••••••••••••••• ''''~'''''""'·• .... ••-••••-•• .. •••••• .. -••••••'"''''''""''''''-••••••••••••••••••••••••••,. ,.,,,,,, .. ,,.,,,,,,,.,,,,,,,,,,_,,,,,,,,,,,,,,,, ___ ,,NHOto-oooo•O,.•••••••••• .. -•,.•Wo 845 15TH ST 1500 THE STRAND 930 1ST ST . 62·1""-9iH's"T··-........................................................... '630'.2No .. sT' ............................................................ _ ·721···3-Ro-si ............................................................. .. •••~••••••••••••••••••••••'"''''''''"''''''-''_' ..... ., .... ., .... ,., .... ,,,, .. ,,_ .. ,_,,.,.,, , .. ,.,.,,,,,,,,,,~,.,.,,.,,, .. ,,.,. .. ,,..,,,,., ___ ,.,,, .. .,,_,,_, .. ,. .. _ .. ,,.,,,.,,,,.,,., ooO ouoO-oo.Oooo ... oo.ooooooooo o oooooooooOh .. ooo"ooo oo o o .. oooo""'"""'"'-•--••"'"".""'' 2411 PROSPECT AVE 904 AVIATION BLVD 940 1ST ST ............................................ _ ................................................ _, ........................ -..................................................................................................................... .._, ... ____ ......................... -................. .. 540 1ST ST 926 1ST ST 2205 PACIFIC COAST HWY ............ ~ ....... _ ......................................... _ ................................... ·-··-.. ···~ ................................. ~--·~ .................................... --··-......................................... ~ .................. , .................... ~--·-.. ·-·-· ~.1L .?..?.T.t:! .. §.I.. ............ -.. -.. -· ......... _ ................ -~-~.?.. .. ?.T.!::! .. §::L. ... _ ............ _ ....... --............... _ ... 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AVIATION BL~I?::.__ ____ 1 68 PIER AV_E-::. ________ 1820 ARDMORE AVE 321 PIER AVE -= ~0~0'1'"'PACIFIC COAST H~J"y' 743 24TH PL ·~·--~_PIER AVE .. --~-·· .... ·------· ...... -·-···-------··-· .. ------ 959 AVIATION BLVD 2001 PACIFIC COAST HWY 1310 PACIFIC COAST HWY 1._;;...~-----···"""""''' ... __________ .. ____ --·-·----·.. ------- 401 MANHATIAN AVE 933 6TH ST 53 PIER AVE !-----·-"""'"" ··---·---·-·-----···-----.. -·---... ____ .. __________ .. _ §52 11TH PL ....... ----.... -......... 446 MONTEREY BLVD ~.1 20TH ST -~----I 50 PIER AVE 1286 THE STRAND 1200 PACIFIC COAST HWY 50 PIER AVE 625 7TH ST 30 HERMOSA AVE 65 PIER AVE 30 PIER AVE 2447 PACIFIC COAST HWY 950 ARTESIA BLVD 8 PIER AVE 2401 PACIFIC COAST HWY 833 5TH ST 20 13TH ST 2515 VALLEY DR 1830 HERMOSA AVE 1645 VALLEY DR 1850 PACIFIC COAST HWY 935 1ST ST 839 6TH ST 20 PIER AVE 615 3RD ST 700 PACIFIC COAST HWY 1720 ARDMORE AVE 53 PIER AVE 2121 PACIFIC COAST HWY 1050 AVIATION BLVD 1301 MANHATIAN AVE 49 PIER AVE 640-650 HERMOSA AVE ·---·· 1707 PACIFIC COAST HWY 1314 LOMA DR 139 HERMOSA AVE 9o .. PIER AVE .. ..-~ 11 PIER-AVE .............. S39HERMOSA AVE---· -"-·----. ·---. . .. -·----.. ·-··--........ -----·----! 500 PACIFIC COAST HWY 100 MONTEREY BLVD 104 HERMOSA AVE 1837 PACIFIC COAST HWY 950 1ST ST 417 25TH ST 972 ARTESIA BLVD 444 HERMOSA AVE 669 4TH ST 501 HERONDO ST 320 MASSEY ST 1072 AVIATION BLVD 712 9TH ST 15 15TH ST 21 PIER AVE -------·---·---.. ·--...... .. ..................... -.... ·:..=.----------~·-·--- 26 PIER AVE 1272 THE STRAND 1221 HERMOSA AVE 5388TH-sT __ .......... --.. 957-Ts:rsT .. ~ 1o16 THE siRAND --··----·-· -................. -... .. ............. ___ ~---r-31 PIER AVE ...... --.... ·- 21 00 PACIFI£.QQ~§.!. HW,Y. _____ .?i.Els!3 ... ~ VE -~ .. ----·---.. -.... ·---· ........... _. ---·---I 37 PIER AVE 720 21ST ST 36 PIER AVE 718 ·21·sT sT ---· fJ36Gouu5 .. A"v'E------.. .j.:5::..::2~P....:I=E .:...:R.:.A . .:..:v~E=--------·- ................... _. ___ .... _ ... _ ..... _ ...... _ ...... ~ ............................ _ .. _., ___ ·-········'-"''" __ ,.........,_ ........ -........................... -...... _............... . ....... ____ ,, ..... -................. -............... _, _________ ,, ______ _ 867 ~UBI3._~.:V CT -........ -·--·-·-.:!.§Q~ ... PAC.JfJ.9_~c;>_t._~T HI/I{.Y._ __ 41.§_!-iERQ!:!_P.Q. S~. __ 447 HERONDO ST 834 1ST ST 414 2ND ST .............. _, ..... ,,_., _____ ,,,,, ........... --~--~ ................................................................ _ .... , ___ ,. ___ ,.....,_,,, .......... _ .............. -.............................. --------···--· .. ······ .. ··-··----·· .. ···--.. ·-·-·-,·· .. 1 .. ~ ... !:.!~.~--~Y...~ ........................................................... ~ .. 1~1-S.:.Y..!:.B.~.§.?. ... A.v_~ .................. _ .... _ ~.~9 ... ?.T.!::! ... ~.I. ............................................ -....... -..... . -~~9. .. 1 .. ~.:!::.§.!. ................................................. _ ............. .!..~.9. ... ~!!::! .. §.!. .. _ .................... _ .................................... ~~ .. .E.!.~.B..l:\Y~ .......................................................... . 802 PACIFIC COAST HWY 77 15TH ST 840 LOMA DR "§.5~f.)§£3.'.'AV.§.·.·:.·~.·.·.·.~:::.·.~::.·.:·~-··.~.·~=·~·:=:.·.·.·:.~·.·.~~:·. !.f.5~~-t.E:.·~·.f.·.·:.·.·.·.·::.·.·~·::::~~~·:.·:.::·.·.·:~.·.·::~·-~~-~-~-·.:·:::.~.·::.·_j.'~.?.~(Eg~i3.~.9.§.'AJ~Y.g_~::.·.·::.~.·::.·.·:.·:~.·.·:.~:.·.~:.·::: .1.9.!?..9 .. E!.:\9.!~.~-~--Q9A..?.T. .. I::!Y.Y..Y ................. :?.~.9.@..?._~_9.J.P..!9. ... 9.9..A.?..T. .. t,j.'!Y..Y.. ............... ?Q~ ... P.!.~.B . ./SY...~ ....................................................... . 1731 PACIFIC COAST HWY 655 2ND ST . 703 PIER AVE March 20, 2013 City of Hermosa Beach EXHIBIT 9 DOWNTOWN AREA March 20, 2013 City of Hermosa Beach EXHIBITlO AREAS WHERE AUTOMATED SERVICE NOT FEASIBLE (CAN SERVICE AREAS) Between Palm Drive and Manhattan A venue Containers placed on 28th Court -Addresses on 27th and 28th Streets Containers placed on 29th Court -Addresses on 28th and 29th Streets Containers placed on 3Qth Place -Addresses on 29th and 3Qth Streets Containers placed on 31st Place-Addresses on 3Qth and 31st Streets Containers placed on 32nd Place -Addresses on 31st and Longfellow A venue Containers placed on 33rd Place -Addresses on Longfellow and 33rd Streets Containers placed on 34th Place -Addresses on 33rd and 34th Streets Containers placed on Homer Street -Addresses on 34th and 35th Streets Between Manhattan Ave and Valley Drive Containers placed on 31st Place -Addresses on 3Qth and 31st Streets Containers placed on 32nd Place-Addresses on 31st Street and Longfellow Avenue Between Manhattan A venue and Highland A venue Containers placed on 34th Place -Addresses on 33rd and 34th Streets Between 22nd Street and 24th Street Containers placed on Beach Drive -Addresses on Hermosa Drive and The Strand March 20, 2013 City of Hermosa Beach EXHIBITll DOWNTOWN COMPACTOR FACILITY SERVICE AREA March 20, 2013 City of Hermosa Beach ... , -~ ~J . J I .... 0 t5 ro c.. E 0 (.) I EXHIBIT12 NOTARY CERTIFICATION STATE OF CALIFORNIA) COUNTY OF f&s ~' j <.7 ) ss: fV~I On ('Awtb .f-5",)·0\~ before me, Dwart-.. Ann {2_a~v-.) (nam ) e@( G (title), personally appeared (!(on ,AroJL c J, u.ej r W".A.. fv1 , <.b M _\ ~J<:_u_·, t1... ...__ who proved to me on the basis of satisfactory evidence to be the person(§) whose nam ~ ts @ subscribed to the within instrument and acknowledged to me that ~xecuted the same in !~authorized capacity(i ~, and that by ~gnatttr ~n 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 -J-t:k~=A.:Of-....'!:::r-'--"Q~/Tl...!:..n...:J~~~· ~--(Seal) Notary Public u March 20, 2013 '8 DEBORA ANN ROJAS Jj Commission# 1909756 •a Not1ry Public -Callfom11 • los Angeles County j ~ Mv Comm. Expires Nov 18 20141 City of Hermosa Beach -~ :·, i)_; q ~-';A ~~ :, . ;i ~',s_'j ~! 'J! I ~ ,1 ,' 11 ~rib~ ·1 !·.: ~ J ! ·-1 , · -:-•:....r·"·~ J !-j (I ·i~ f -, ,;. ,~j : J • ••••••••• • I ' ; Days/week Container 96 Gallon Barrel Collector Fee AB939 Fee Total Rate One / Week Primary Barrel $104.54 $11.62 $0.00 $116.16 Addt'l Barrels $88.63 $9.85 $0.00 $98.48 Two / Week Primary Barrel $182.51 $20.28 $0.00 $202.79 Addt'l Barrels $155.20 $17.24 $0.00 $172.44 Three / Week Primary Barrel $260.49 $28.94 $0.00 $289.43 Addt'l Barrels $221.79 $24.64 $0.00 $246.43 Four / Week Primary Barrel $338.47 $37.61 $0.00 $376.08 Addt'l Barrels $288.36 $32.04 $0.00 $320.40 Five / Week Primary Barrel $416.45 $46.27 $0.00 $462.72 Addt'l Barrels $354.95 $39.44 $0.00 $394.39 Six / Week Primary Barrel $494.43 $54.94 $0.00 $549.36 Addt'l Barrels $366.54 $40.73 $0.00 $407.27 Compactor Haul $192.02 $21.34 $0.00 $213.35 Disposal / Ton $100.00 $11.11 $0.00 $111.11 Assumptions and Estimates: 1) 96 galloin barrel = .5 cubic yard 2) Organics waste = 300 lbs/cubic yard 3) Barrel organcis disposal = $85/ton 4) Compactor organics disposal = $100/ton (more contamination) 5) $76.94/hour truck costs ‐ $51 = labor (all driver labor & benefits) ‐ $23 = truckoperating costs ‐ $3 = other direct costs Hermosa Beach Organic Waste ‐ Unit Cost Managing Tomorrow’s Resources Today 19200 Von Karman Ave., Ste. 360 Robert D. Hilton, CMC Irvine, California 92612 John W. Farnkopf, PE Telephone: 949/251-8628 Laith B. Ezzet, CMC www.hfh-consultants.com Richard J. Simonson, CMC Marva M. Sheehan, CPA Robert C. Hilton, CMC Organics Memorandum MEMORANDUM Date: October 13, 2017 To: Ms. Kristy Morris, Ph.D Environmental Analyst From: Laith Ezzet and Joseph Santos, HF&H Consultants, LLC Subject: Athens Services’ Commercial Organics Rate Proposal Analysis I. SUMMARY OF FINDINGS AND OBSERVATIONS Finding 1: Athens commercial organics cost proposal is based on a source-separated standalone rate structure. Other rate structures and collection options, which have been adopted by some other cities, may provide alternative benefits that the City may wish to consider. Finding 2: The organics cost proposal submitted by Athens to the City is the same organics cost proposal submitted by Athens to all of the company’s regional exclusive commercial franchises. This approach ignores various characteristics specific to the City, which may have resulted in rates that do not reflect the true cost of providing a commercial organics program in the City. Finding 3: Athens proposed commercial organics rates that are relatively high to the commercial organics rates in many other cities for a similar volume of organics container space. Finding 4: Based on the City’s existing commercial cart rates for refuse service, and adjusting for organics material, the equivalent organics cart rate would be $77.76 per month for a 96-gallon cart picked up 1x/week versus the $116.16 per month proposed by Athens. The estimated 64-gallon rate would be $55.62 per month. II. BACKGROUND, OBJECTIVES, OBJECTIVE TASKS Background The State of California enacted AB 1826 which requires mandatory commercial organics programs to be phased in between April 1, 2016, and January 1, 2020, depending on the amount of organics generated by the customer, as summarized below: Managing Tomorrow’s Resources Today MEMORANDUM Page 2 of 10 Organics Memorandum - Businesses with eight cubic-yards or more per week of organic material were to have a program in place by April 1, 2016. - Businesses with four or more cubic-yards per week of organics were to have a program by January 1, 2017. - Two years later, by January 1, 2019, businesses with four or more cubic-yards of solid waste must have an organics program. - Additionally, if the State determines it has not met its statewide goal for organics recycling, then businesses with two or more cubic-yards per week of solid waste may be required to participate in an organics program in 2020. Multi-family customers are not required to participate in food waste recycling programs; however, multi- family complexes with five or more dwelling units must divert green waste (landscaping material) through landscapers or the solid waste contractor. The City of Hermosa Beach (City) contracts with Arakelian Enterprises, Inc., DBA Athens Services, Incorporated (Athens), for exclusive residential and commercial solid waste collection and recycling services. The existing Solid Waste Handling Services Agreement (Agreement) became effective on July 1, 2013, and expires on June 30, 2021. On March 15, 2016, Athens submitted to the City Athens’ cost proposal for a commercial organics program, dated March 1, 2016, via email to the City. Objective The City requested HF&H to review the supporting documentation provided by Athens to determine the reasonableness of the proposed commercial organics program costs. The results of the review are discussed herein. Objective Tasks The objective tasks included the following activities: 1. Reviewing the key legislative requirements of AB 1826. 2. Reviewing the overall reasonableness of the proposed commercial organics program costs, including the underlying cost assumptions. 3. Reviewing relevant publicly available rate documentation from a sample of other Orange County cities that have contracted to provide commercial organics processing services. 4. Preparing this memorandum summarizing our findings. Managing Tomorrow’s Resources Today MEMORANDUM Page 3 of 10 Organics Memorandum III. OVERVIEW AND STATUS OF THE ATHENS ORGANICS PROPOSAL Proposal Overview On March 15, 2016, Athens submitted to the City the company’s cost proposal for commercial organics services, dated March 1, 2016, via e-mail to the City. The proposal offers commercial organics collection service using 96-gallon carts with collection frequencies up to 6x/week, as well as compactor haul and disposal rates. Organics material collected would be hauled to Athens’ owned American Organics facility in Victorville, California, for composting. Table 1 and Table 2 below provides a summary of Athens’ proposal. Table 1 – Athens Proposal (Dated March 1, 2016) 96-Gallon Cart Rates Pickup Frequency Container Net Contractor Rate Collector Fee AB939 Fee Total Rate 1x / week Primary Cart $104.54 $11.62 $0.00 $116.16 Additional Carts $88.63 $9.85 $0.00 $98.48 2x / week Primary Cart $182.51 $20.28 $0.00 $202.79 Additional Carts $155.20 $17.24 $0.00 $172.44 3x / week Primary Cart $260.49 $28.94 $0.00 $289.43 Additional Carts $221.79 $24.64 $0.00 $246.43 4x / week Primary Cart $338.47 $37.61 $0.00 $376.08 Additional Carts $288.36 $32.04 $0.00 $320.40 5x / week Primary Cart $416.45 $46.27 $0.00 $462.72 Additional Carts $354.95 $39.44 $0.00 $394.39 6x / week Primary Cart $494.43 $54.94 $0.00 $549.37 Additional Carts $366.54 $40.73 $0.00 $407.27 Hermosa Beach Organic Waste - Unit Cost Table 2 – Athens Proposal (Dated March 1, 2016) Compactor Haul and Disposal Rates Pickup Frequency Container Net Contractor Rate Collector Fee AB939 Fee Total Rate Compactor Haul $192.02 $21.34 $0.00 $213.36 Disposal / Ton $100.00 $11.11 $0.00 $111.11 Hermosa Beach Organic Waste - Unit Cost Managing Tomorrow’s Resources Today MEMORANDUM Page 4 of 10 Organics Memorandum Athens’ commercial organics cost proposal is based on the following key assumptions: • A service cost component based on truck operating costs of approximately $77 per hour, which includes the following estimated cost factors provided by Athens: Driver labor & benefits 51$ Truck operating costs 23$ Other direct costs 3$ Total Estimated Variable Costs 77$ • An estimated 1 hour per month of service required for 1 cart picked up once per week, with an additional 40 minutes per month of service time required for each additional pickup; • An estimated 48 minutes per month of service required for 1 additional cart picked up once per week, with an additional 30 minutes of service time required for each additional pickup; • An organics processing component based on 300 pounds per cubic yard; • A cart organics disposal component of $85.00 per ton; • An estimated 2.5 hours of service required per haul for compactor bins; • A compactor organics disposal component of $100 per ton; and, • A collector fee of 10% of gross receipts. Detailed rate calculations for Athens’ commercial organics cost proposal is provided in Attachment A. Status of the Organics Proposal Using the organics generator calculator provided by CalRecycle, Athens has identified potential customers meeting the first two AB 1826 tier requirements, including a total of eight (8) customers who fall under tier 1 (8-CY or more of organics waste/week) and 22 customers who fall under tier 2 (4-CY or more of organics waste/week). These customers have been visited by Athens personnel, and provided with a letter documenting the customer’s determined organics tier. Estimates were not provided for additional tiers at lower thresholds beginning January 1, 2019. Per discussion with Athens personnel, the originally proposed commercial organics cost structure utilizing 96-gallon carts may be no longer preferred by Athens due to the weight of the fully-loaded containers and the strain imposed on Athens’ collection vehicles. Athens was to provide an updated cost proposal utilizing 64-gallon carts, however, no proposal has yet been received. Additionally, HF&H requested during a meeting with City and Athens personnel on February 15, 2017, that Athens provide a commercial organics cost proposal that allocated the additional costs of organics collection and processing to all commercial customers (sector-wide cost proposal), however, no proposal has yet been received. Managing Tomorrow’s Resources Today MEMORANDUM Page 5 of 10 Organics Memorandum IV. FINDINGS Finding 1: Athens’ commercial organics cost proposal is based on a source-separated standalone rate structure. Other rate structures and collection options, which have been adopted by some other cities, may provide alternative benefits that the City may wish to consider. The commercial organics cost proposal submitted by Athens to the City is based on a standalone rate structure, in which only the subscribers to the commercial organics program bear the weight of the program’s cost. While this rate structure allows for a more straightforward allocation of costs and does not require any changes to existing refuse rates, standalone organics rate structures often result in rates that are significantly higher than other programs. Customers who do choose to participate in the commercial organics program will see a large increase to their monthly trash bills. As a result, reduced participation and reduced CalRecycle compliance can be expected compared to alternative rate and pickup options. Alternative rate and pickup options include, but are not limited to, the following: Sector-wide Rate Increases: The cost of the organics program is allocated to the entire commercial customer base, not just program participants, resulting in commercial organics containers set at the same, or sometimes lower rates, than a comparably sized refuse container. Service cost increases are generally less for organics customers compared to standalone rate structures, resulting in higher participation in the organics program from customers. However, all commercial customers will have increased trash rates. Additionally, accurate rate setting will depend on an accurate projection of customer participation, which may be difficult to determine. Example cities that have implemented a sector-wide rate increases are the cities of Inglewood (Republic Services/CDS) and Mission Viejo (Waste Management). The City of Inglewood offers a source-separated commercial organics program utilizing bins with organics rates billed at the same rate as refuse rates. The City of Inglewood funded the organics program by initiating a 4.44% rate increase to commercial rates, phased in over two years. The City of Mission Viejo offers a source separated commercial organics program that utilizes both bins and carts, with organics rates billed at 50% of refuse rates. The City of Mission Viejo funded the organics program by initiating at 5.1% rate increase to commercial rates. Bag-based Collection Programs: Utilizes a bag-system in which organic waste is placed in specially marked bags and placed in the existing trash or recycling containers, with the organic bags sorted at a material recovery facility (MRF). Bag-based programs keep program costs down by not requiring separate organics collection routes. Since an additional organics container is not required, bag-based programs allow customers to maintain their existing solid waste containers, which may be beneficial in areas in which available container storage space is a concern. However, bag-based programs require additional processing at MRFs and payment for the bags. Additionally, bag-based programs may increase the waste generated due to the use of the special bags if they cannot be recycled or composted. Managing Tomorrow’s Resources Today MEMORANDUM Page 6 of 10 Organics Memorandum Example cities that have implemented bag-based programs are the cities of Lawndale and Laguna Beach. The City of Laguna Beach commercial organics customers receive a yellow-bag for organic waste that is placed in recycling containers. There is no additional charge for the service and the program was funded by a 2.67% rate adjustment to commercial rates. Similarly, the City of Lawndale offers a bag-based program at no additional cost to the customer. However, in order to fund the program, the City of Lawndale decreased the amount of tonnage required to be sent to a transformation facility to offset costs. Restaurant or Food Establishment Routes: Restaurant and food establishment customers are identified and placed on a specific restaurant or food establishment route. These customers place all trash and organics waste in the same container, and the hauler will reverse sort the material at a MRF for proper processing. This type of commercial organics program may be favorable for densely packed cities. Example cities that have implemented a commercial organics program based on separate restaurant or food establishment routes are the cities of West Hollywood and Beverly Hills. Finding 2: The organics cost proposal submitted by Athens to the City is reported to be the same organics cost proposal submitted by Athens to all of the company’s regional exclusive commercial franchises. This approach does not consider various characteristics specific to each city, and therefore may not reflect the cost of providing a commercial organics program in the City of Hermosa Beach. Per discussion with Athens personnel, the commercial organics cost proposal submitted by Athens to the City is identical to the proposals submitted to Athens’ other cities. As a result, the cost proposal submitted by Athens does not consider various factors unique to the City, including location relative to solid waste facilities, commercial base, commercial density, and other factors that vary among jurisdictions. Had Athens submitted a proposal unique to the City, certain assumptions factoring into the rate calculation may have increased or decreased. Finding 3: Athens proposed commercial organics rates that are relatively high compared to the commercial organics rates in some other cities for a similar volume of organics container space. HF&H compared the commercial organics rate proposal submitted to the City by Athens to rates reported in a survey of other cities’ commercial organics programs. Table 3 shows a comparison of commercial organics cart rates, sorted in ascending order. Additionally, Attachment B shows a comparison of commercial organics 2-yard bin rates. Managing Tomorrow’s Resources Today MEMORANDUM Page 7 of 10 Organics Memorandum Table 3: Comparison of Commercial Organics Rates (Sorted by Rate per Month) City Hauler Container Size Offered (Gallons) Rate Per Month⁽¹⁾ Manhattan Beach Waste Management 64 or 96 $0.00 Stanton CR&R 64 $0.00 Redondo Beach Athens 32, 64, or 96 $3.00 Tustin CR&R 96 $17.25 San Juan Capistrano CR&R 64 $19.12 Orange CR&R 64 $19.35 Laguna Hills CR&R 96 $19.52 Lake Forest CR&R 96 $23.10 Rancho Santa Margarita CR&R 64 $24.22 Laguna Woods Waste Management 96 $25.65 Huntington Park UPW 64 $28.00 Dana Point CR&R 64 or 96 $29.85 San Clemente CR&R 64 $44.42 Aliso Viejo⁽²⁾CR&R 64 $45.00 Irvine Waste Management 64 $46.37 Cypress Valley Vista Services 96 $64.99 Covina Athens 96 $113.34 Hermosa Beach Athens 96 $116.16 West Covina Athens 96 $119.23 ⁽²⁾ Renegotiated from $75.87 to $45. To be approved by council in October 2017. ⁽¹⁾ Negotiated or in effect at various times in 2016 and 2017. Some rates may have been subsequently adjusted. It is important to note that comparison of proposed rates in Hermosa Beach to the rates implemented by other cities does not take into consideration other factors that weighed in on the negotiations achieving those rates. In some cases, commercial organics rates were included as part of an RFP process that required certain rate reductions for organics services, resulting in higher refuse rates. In other cases, the negotiating city amended their solid waste franchise agreement to lessen requirements placed on the hauler (e.g. transformation tonnage requirements, diversion requirements, etc.) in order to receive lower commercial organics rates, or obtained additional benefits from the hauler (e.g. free composting, allowing food scraps to be placed in residential green-waste carts, etc.) in order to add value to higher commercial organics rates. Alternatively, cities with negotiation leverage (e.g. the agreement was nearing the end of the term, and the hauler desired to remain the franchisee) were sometimes able to negotiate lower commercial organics rates. What Neighboring Cities, Redondo Beach and Manhattan Beach, Are Doing: Neighboring cities, Redondo Beach (Athens Services) and Manhattan Beach (Waste Management), have both adopted commercial organics programs. A description of their respective commercial organics programs is provided below. Managing Tomorrow’s Resources Today MEMORANDUM Page 8 of 10 Organics Memorandum Redondo Beach: As part of the original solid waste collection agreement with the City of Redondo Beach, effective July 1, 2011, Athens was to identify all hotels, restaurants, and food establishments and create a separate route for the collection of organic waste. Businesses identified and placed on this route were to be provided green-colored, 100% biodegradable bags at no additional cost. These bags were then to be placed inside existing refuse containers for collection, separation of the bags at a MRF, and eventual composting of the biodegradable material. Additionally, Athens was to process refuse collected on these routes to recover and compost additional organics material that was not placed in the bags. However, per a mutual unwritten agreement with the city, commercial customers are offered separate organic waste carts at the standard commercial green waste cart rate of $3.00 for a 32, 64, or 96-gallon cart picked up once per week (as of July 1, 2017). Manhattan Beach: Prior to the start of the City of Manhattan Beach’s commercial organics program, the city offered a nursery/florist green-waste commercial cart to the city’s businesses. In 2015, Manhattan Beach amended their Agreement with Waste Management to include both a residential food waste program as well as a commercial food waste program. The residential food waste program offered to customers is primarily a bag based program, in which customers are allowed to place bagged food waste inside residential green-waste containers. Food waste bags do not need to be specially designed bags, however, customers wishing to participate in the program must supply their own bags. Alternatively, residential customers who do not have a green-waste container may request an 18-gallon food waste cart. In order to encourage the adoption of the food-waste program, Waste Management provided each residential customer with a kitchen food waste pail. In order to fund the residential food waste program, a one-time food waste rate increase of 3% (in addition to Waste Management’s annual rate increase percentage of 2.8%) was enacted to residential service rates. For commercial customers, the City of Manhattan Beach offers several food waste collection options at no additional charge to the customer. Commercial customers who do not have space for an additional container have the option to participate in a bag-based food waste collection program, in which yellow bags provided by the hauler are used to dispose food waste inside the customer’s existing refuse container. Alternatively, customers may receive either a 64-gallon cart, 96-gallon cart, or a 2-yard bin for the collection of food waste at no additional charge. In order to fund the commercial food waste program, a one-time food waste rate increase of 3.6% (in addition to Waste Management’s annual rate increase percentage of 2.8%) was enacted to residential service rates. Finding 4: Based on the City’s existing commercial cart rates for refuse service, and adjusting for organics material, the equivalent organics cart rate would be $77.76 per month for a 96-gallon cart picked up 1x/week versus the $116.16 per month proposed by Athens. The estimated 64-gallon rate would be $55.62 per month. The City’s existing rate structure contains rates for 32-gallon, 64-gallon, and 96-gallon commercial refuse carts. Using these rates, HF&H calculated the estimated rate for 96-gallon and 64-gallon commercial Managing Tomorrow’s Resources Today MEMORANDUM Page 9 of 10 Organics Memorandum organics carts picked up once per week by backing out the disposal component from the existing rates and adding back in an organics processing component. For disposal, we used the following assumptions: • A refuse disposal component based on 100 pounds per cubic yard; and, • A refuse processing (at Athens’ MRF) and disposal component of $69 per ton. The refuse disposal component of 100 lbs./CY is based on industry averages for disposal, whereas the $69 per ton refuse processing and disposal is based on the $65 rate Athens included in the company’s original competitive solid waste collection proposal to the City received in 2012, and adjusted for the 6.65% of cumulative rate adjustments since the start of the Agreement. For organics processing, we used the assumptions proposed by Athens in the company’s commercial organics cost proposal. The organics processing assumptions are as follows: • An organics processing component based on 300 pounds per cubic yard; and, • A cart organics disposal component of $85.00 per ton. The resulting calculations are shown in Table 4 for a 96-gallon commercial organics container and Table 5 for a 64-gallon commercial organics container. Table 4: HF&H Calculation of 96-Gallon Commercial Organics Cart Rate Description Subtotal Total Existing 96-Gallon Commercial Refuse Rate, effective 11/1/16 54.13$ Organics Processing Adjustment Less: Estimated 96-Gallon Cart Refuse Processing and Disposal Cost⁽¹⁾(7.89)$ Add: Estimated 96-Gallon Cart Organics Processing Cost⁽²⁾29.16$ Net Processing Adjustment 21.27$ Collector Fees on Net Processing Adjustment⁽³⁾2.36$ 23.63$ Total 96-Gallon Commercial Organics Rate 77.76$ ⁽¹⁾ Assumes 100 lbs./CY of refuse processed and disposed at $69/ton. ⁽²⁾ Assumes 300 lbs./CY of organics processed at $85/ton. ⁽³⁾ Grossed up the pass-through 10% Collector Fee. Managing Tomorrow’s Resources Today MEMORANDUM Page 10 of 10 Organics Memorandum Table 5: HF&H Calculation of 64-Gallon Commercial Organics Cart Rate Description Subtotal Total Existing 64-Gallon Commercial Refuse Rate, effective 11/1/16 39.53$ Organics Processing Adjustment Less: Estimated 64-Gallon Cart Refuse Processing and Disposal Cost⁽¹⁾(5.26)$ Add: Estimated 64-Gallon Cart Organics Processing Cost⁽²⁾19.74$ Net Processing Adjustment Subtotal 14.48$ Collector Fees on Net Processing Adjustment⁽³⁾1.61$ 16.09$ Total 64-Gallon Commercial Organics Rate 55.62$ ⁽¹⁾ Assumes 100 lbs./CY of refuse processed and disposed at $69/ton. ⁽²⁾ Assumes 300 lbs./CY of organics processed at $85/ton. ⁽³⁾ Grossed up the pass-through 10% Collector Fee. Finding 5: The compactor haul rate proposed by Athens equals the existing City-approved haul rates, less AB 939 fees. The $100 organics processing charge per ton proposed by Athens for compactor roll- off boxes is higher than the $85 organics processing charge per ton used for by Athens for 96-gallon cart service. The rates proposed by Athens for commercial organics compactor service consist of a haul component and a disposal (i.e. processing) component. The haul component proposed by Athens matches the City- approved haul rate, less AB 939 fees. However, we noted that the $100 organics processing charge per ton for compactor roll-off boxes is higher than the $85 charge per ton proposed for cart service. We would expect these figures to be the same at $85 since there are no economies of scale related to organics material collected in compactor roll-off boxes to be considered. Managing Tomorrow’s Resources Today A - 1 Organics Memorandum ATTACHMENT A – DETAILED CART RATE CALCULATIONS Table 1: Disposal Cost Detailed Rate Calculation as Proposed by Athens Days/week Container Container Size In CY⁽¹⁾x # of Pickups/Week x Weeks Per Month x Organics Weight (Tons/CY)⁽²⁾x Barrel Disposal Rate⁽³⁾⁽⁴⁾=Total Disposal Cost 1x / week Primary Cart 0.5 1 4.33 0.15 $85.00 $27.60 Additional Carts 0.5 1 4.33 0.15 $85.00 $27.60 2x / week Primary Cart 0.5 2 4.33 0.15 $85.00 $55.21 Additional Carts 0.5 2 4.33 0.15 $85.00 $55.21 3x / week Primary Cart 0.5 3 4.33 0.15 $85.00 $82.81 Additional Carts 0.5 3 4.33 0.15 $85.00 $82.81 4x / week Primary Cart 0.5 4 4.33 0.15 $85.00 $110.42 Additional Carts 0.5 4 4.33 0.15 $85.00 $110.42 5x / week Primary Cart 0.5 5 4.33 0.15 $85.00 $138.02 Additional Carts 0.5 5 4.33 0.15 $85.00 $138.02 6x / week Primary Cart 0.5 6 4.33 0.15 $85.00 $165.62 Additional Carts 0.5 6 4.33 0.15 $85.00 $165.62 Compactor Haul N/A N/A N/A N/A N/A N/A Disposal / Ton N/A N/A N/A N/A $100.00 $100.00 ⁽¹⁾ One 96 gallon barrel is roughly equivalent to 0.5 cubic yards ⁽²⁾ Organics waste is estimated at 300 lbs./cubic yard, which equates to 0.15 tons/cubic yard. ⁽³⁾ Barrel organics disposal is estimated at $85/ton. ⁽⁴⁾ Compactor organics disposal is estimated at $100/ton due to additional contamination compared to standard organics barrels. Managing Tomorrow’s Resources Today MEMORANDUM ATTACHMENT A – DETAILED BARREL RATE CALCULATIONS A - 2 Organics Memorandum Table 2: Service Cost Detailed Rate Calculation as Proposed by Athens Days/week Container Hours/Month x Truck Costs per Hour⁽¹⁾Total Variable Cost 1x / week Primary Cart 1.0000 $76.94 $76.94 Additional Carts 0.7932 $76.94 $61.03 2x / week Primary Cart 1.6546 $76.94 $127.30 Additional Carts 1.2996 $76.94 $99.99 3x / week Primary Cart 2.3093 $76.94 $177.68 Additional Carts 1.8063 $76.94 $138.98 4x / week Primary Cart 2.9641 $76.94 $228.06 Additional Carts 2.3128 $76.94 $177.95 5x / week Primary Cart 3.6188 $76.94 $278.43 Additional Carts 2.8195 $76.94 $216.93 6x / week Primary Cart 4.2735 $76.94 $328.80 Additional Carts 2.6114 $76.94 $200.92 Compactor Haul 2.4957 $76.94 $192.02 Disposal / Ton N/A N/A N/A ⁽¹⁾ The $76.94/hour of truck costs include the following estimated costs: Driver labor and benefits………………$51 Truck operating costs……………………$23 Other direct costs…………………………$3 Managing Tomorrow’s Resources Today MEMORANDUM ATTACHMENT A – DETAILED BARREL RATE CALCULATIONS A - 3 Organics Memorandum Table 3: Detailed Total Rate Calculation as Proposed by Athens Days/week Container Total Disposal Cost⁽¹⁾Total Variable Cost⁽²⁾Collector Fees⁽³⁾Total Rate 1x / week Primary Cart $27.60 $76.94 $11.62 $116.16 Additional Carts $27.60 $61.03 $9.85 $98.48 2x / week Primary Cart $55.21 $127.30 $20.28 $202.79 Additional Carts $55.21 $99.99 $17.24 $172.44 3x / week Primary Cart $82.81 $177.68 $28.94 $289.43 Additional Carts $82.81 $138.98 $24.64 $246.43 4x / week Primary Cart $110.42 $228.06 $37.61 $376.08 Additional Carts $110.42 $177.95 $32.04 $320.40 5x / week Primary Cart $138.02 $278.43 $46.27 $462.72 Additional Carts $138.02 $216.93 $39.44 $394.39 6x / week Primary Cart $165.62 $328.80 $54.94 $549.36 Additional Carts $165.62 $200.92 $40.73 $407.27 Compactor Haul N/A $192.02 $21.34 $213.36 Disposal / Ton $100.00 N/A $11.11 $111.11 ⁽¹⁾ Total Disposal Cost obtained from Attachment A, Table 1. ⁽²⁾Total Service Cost obtained from Attachment A, Table 2. ⁽³⁾ Collector Fees are equal to 10% of the Total Rate. Managing Tomorrow’s Resources Today B - 1 Organics Memorandum ATTACHMENT B – COMMERCIAL ORGANICS BIN RATES Table 1: Comparison of Commercial Organics Bin Rates 2-Yard Bins 1x/Week (Sorted by Rate per Month) City Hauler Rate Per Month⁽¹⁾Notes Manhattan BeachWaste Management $0.00 Organics offered at no additional charge Mission Viejo Waste Management $28.39 Organics rates less than refuse rates Lake Forest CR&R $31.66 Organics rates less than refuse rates Tustin CR&R $40.55 Organics rates less than refuse rates Laguna Hills CR&R $68.16 Organics rates less than refuse rates Cypress Valley Vista $125.20 Organics rates higher than refuse rates Inglewood CDS/Republic $134.21 Organics rates equal to refuse rates Irvine Waste Management $185.47 Organics rates higher than refuse rates El Monte Valley Vista $195.96 Organics rates higher than refuse rates Aliso Viejo CR&R $217.11 Organics rates higher than refuse rates San Clemente CR&R $257.93 Organics rates higher than refuse rates ⁽¹⁾ Negotiated at various times in 2016 and 2017. Some rates may have been subsequently adjusted. SINGLE FAMILY REFUSE RATE SURVEY AS OF MARCH 2019 NO. CITY (Hauler) SERVICES TOTAL SINGLE FAMILY MONTHLY RATE 1. Hermosa Beach (Athens Services) Refuse & Recycling, Green Waste FY 2018-19 Variable Can Rate 32-g: $7.43 64-g: $11.89 96-g : $16.33 2. Inglewood (Republic) Refuse, Recycling, Green Waste FY 2018-19: $16.63* 3. Redondo Beach (Athens Services) Refuse, Recycling, Green Waste/Composting FY 2018-19: $17.06* 4. Lawndale (Republic) Refuse, Recycling, Green Waste FY 2018-19: Variable Can Rate 35-g: $10.86 65-g: $15.51 96-g: $20.17 5. Carson (Waste Resources) Refuse, Recycling, Green Waste FY 2018-19: $20.87* 6. Manhattan Beach (Waste Management) Refuse, Recycling, Green Waste/ Composting FY 2018-19: Variable Can Rate 35-g: $11.03 64-g: $16.10 96-g: $21.19 7. Gardena (Waste Resources) Refuse, Recycling, Green waste FY 2018-19: $21.38* 8. Hawthorne (Republic) Refuse, Recycling, Green Waste FY 2018-19: Variable Can Rate 35-g: $18.47 64-g: $21.59 96-g: $25.18 9. Monrovia (Athens Services) Refuse, recycling, Green Waste FY 2018-19: Variable Can Rate 35-g: $22.14 64-g: $26.05 96-g: $31.53 10. Glendora (Athens Services) Refuse, Recycling, Green Waste FY 2018-19: $32.76* 11. Rancho Palos Verdes (EDCO Disposal) Refuse, Recycling, Green Waste FY 2018-19: Variable Can Rate 35-g: $21.20 64-g: $27.29 96-g: $33.35 *Uniform pricing for all cart sizes COMMERCIAL RATE SURVEY AS OF MARCH 2019 CITY (Hauler) SERVICES COMMERCIAL MONTHLY RATE* 1. Redondo Beach (Athens Services) Refuse & Recycling 3-yard bin serviced 1x per week FY 2018-19: $101.85 2. Lawndale (Republic) Refuse & Recycling 3-yard bin serviced 1x per week FY 2018-19: $108.75 3. Hermosa Beach (Athens Services) Refuse & Recycling 3-yard bin serviced 1x per week FY 2018-19: $122.07 4. Manhattan Beach (Waste Management) Refuse & Recycling 3-yard bin serviced 1x per week FY 2018-19: $129.14 5. Hawthorne (Republic) Refuse & Recycling 3-yard bin serviced 1x per week FY 2018-19: $143.39 6. Carson (WM & EDCO) Refuse & Recycling 3-yard bin serviced 1x per week FY 2018-19: $175.00 7. Gardena (Waste Resources) Refuse & Recycling 3-yard bin serviced 1x per week FY 2018-19: $175.44 8 Inglewood (Republic) Refuse & Recycling 3-yard bin serviced 1x per week FY 2018-19: $180.75 9. Monrovia (Athens Services) Refuse & Recycling 3-yard bin serviced 1x per week FY 2018-19: $183.94 10. Glendora (Athens Services) Refuse & Recycling 3-yard bin serviced 1x per week FY 2018-19: $192.93 *Green Waste/Composting Service at an extra cost DRAFT Monthly Solid Waste Rates In Selected Orange County Cities DRAFT 4/22/2019 1 HF&H Consultants, LLC City Hauler City Hauler Cart Size in Gallons Mission Viejo Waste Management 30.32$ 60.65$ Laguna Niguel CR&R 65 13.78$ Laguna Niguel CR&R 41.02$ 82.03$ Tustin CR&R 65 16.09$ Laguna Hills CR&R 41.94$ 104.74$ Laguna Hills CR&R 64 18.94$ Tustin CR&R 47.22$ 92.38$ San Juan Capistrano CR&R 64 20.02$ Laguna Woods Waste Management 74.81$ 92.43$ Orange CR&R 64 20.30$ Placentia Republic Services 134.11$ 134.11$ Mission Viejo Waste Management 64 20.99$ Yorba Linda Republic Services 137.67$ 137.67$ Rancho Santa Margarita CR&R 64 25.08$ Anaheim Republic Services 140.42$ 140.42$ Laguna Woods Waste Management 32, 64 or bags 27.43$ Cypress Valley Vista Services 151.75$ 126.46$ Dana Point CR&R 67 or 96 31.21$ Garden Grove Republic Services 166.80$ 166.80$ Yorba Linda Republic Services 64 45.00$ Irvine Waste Management 189.02$ (1)88.92$ (1)Huntington Beach Republic Services 65 45.00$ Aliso Viejo CR&R 217.11$ N/A Garden Grove Republic Services 64 45.00$ Westminster CR&R 254.74$ N/A Placentia Republic Services 64 45.00$ La Habra CR&R 260.18$ 123.34$ San Clemente CR&R 64 46.53$ San Clemente CR&R 270.17$ N/A Irvine Waste Management 64 47.26$ (1) Huntington Beach Republic Services N/A 135.87$ Westminster CR&R 65 47.28$ Dana Point CR&R N/A 114.43$ Anaheim Republic Services 64 53.25$ San Juan Capistrano CR&R N/A 70.08$ La Habra CR&R 64 53.98$ Rancho Santa Margarita CR&R N/A 48.89$ Aliso Viejo CR&R 65 75.87$ Orange CR&R N/A 39.42$ Cypress Valley Vista Services 98 78.77$ Stanton CR&R No Cost 137.79$ Stanton CR&R 65 No Cost Seal Beach Republic Services No Program 128.34$ Seal Beach Republic Services No Program Brea Republic Services No Program 91.73$ Brea Republic Services No Program Villa Park Republic Services No Program N/A Santa Ana Waste Management No Program La Palma EDCO No Program N/A Villa Park Republic Services No Program Santa Ana Waste Management No Program 97.98$ Costa Mesa CR&R Unknown Open Market Fullerton Republic Services No Program 138.75$ Fullerton Republic Services No Program (1) Exclusive sector of the City only. Other portion of Irvine commercial is open market. Monthly Organics Cart Rates Organics Cart Rate Commercial Monthly Bin Rates 2 CY Refuse Bin Collected 1x/week 2 CY Organics Bin Collected 1x/week sorted low to high Goal: Survey waste disposal practices during recess and lunchHermosa View School: Tuesday January 22, 2018 (9:45AM-2:00PM)Hermosa Valley School: Tuesday February 6, 2018 (9:30AM-2:00PM)City of Hermosa Beach and Athens Services StaffHERMOSA BEACH CITY SCHOOL DISTRICT FOOD WASTE SURVEY SURVEY RESULTS00.10.20.30.40.50.60.70.8Food Waste Recycling TrashTotal Cubic Yards (week)Valley SchoolView SchoolWaste Disposal during Recess and Lunch*Valley School : 1.7 (Cubic Yards (Week))View School : 1.1 (Cubic Yards (Week))*Does not include all campus waste FOOD RECOVERY: VIEW SCHOOLNoon-aid actively recovers and redistributes foodFood Recovered QTY Redistributed RemainingApple11 0Yoghurt10 1Banana18 12 6Cutie10 1Milk30 3Juice21 1Bottle Water21 1Weekly EstimateGrilled Cheese20 2TOTAL ITEMS30 15 15 225TOTAL WT. (LBS)5.7 2.85 14.25 FOOD RECOVERY: VALLEY SCHOOLFood Recovered QTY Redistributed RemainingApple 12 12Yoghurt 2 2Cutie 1 1Milk 8 2 6Juice 9 9Goldfish packets 3 3Cheese Stick 12 12Raisens (box) 1 1Salami (stick) 1 1Waffles (wrapped) 4 4Weekly EstimateGranola Bar 3 3TOTAL ITEMS 56 254270TOTAL WT. (LBS)10.6110.2653.05 How to Reduce Food WasteEducating parents and students:–Food selection and preferences–Portion sizesMilk/juice/water dispenser (reusable cups)Food Donation Table Clearly LabelledOn-site composting programs Other Areas for Waste ReductionPlastic Film/ PackagingEducation e.g trash free lunchAlternatives for Utensils and Straws (reusable / compostable)Styrofoam Trays2000 trays week = 72,000 trays yearAlternatives: reusable or paper From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Friday, June 7, 2019 6:15 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.) Claudia Berman submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) Item: 6c) REPORT 19-0382 REVIEW OF ORGANIC WASTE RECYCLING PROGRAM OPTIONS FOR THE CITY OF HERMOSA BEACH (Environmental Analyst Kristy Morris) eComment: As a resident, I would like the opportunity to subscribe to organic waste pickup. View and Analyze eComments City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0376 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 NORTH SCHOOL PROJECT NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN AWARD OF CONTRACT (Environmental Analyst Leeanne Singleton) Recommended Action: Staff recommends that the City Council: 1.Authorize staff to jointly award with the Hermosa Beach City School District Board,a contract for the development of the Neighborhood Traffic Management Plan (NTMP)for North School to Fehr & Peers in an amount not to exceed $124,200. 2.Transfer $12,100 from the City’s 2018-19 Prospective Expenditures into the City Manager’s contract services account. Executive Summary: Following the certification of the North School EIR in January 2019,the City and School District team met on multiple occasions to discuss traffic and safety in the area surrounding the school,and in February 2019 came to approve a Memorandum of Understanding that was approved by both the City Council and School Board memorializing the commitment of both parties to work together collaboratively to safely manage transportation, traffic, and student loading and unloading activities. The commitments of the MOU will be fulfilled primarily through the development and implementation of a Neighborhood Traffic Management Plan (NTMP)and a draft scope of work was presented to and approved by the City Council and School Board in April 2019.Following approval of the scope of work,staff from the City and School District worked to finalize the Request for Proposals and began the advertisement process inviting proposers in early May. Proposals were due on May 28,2019 and interviews were conducted with the four teams on Monday June 3,2019.Based on the review of proposals and scoring of interviews,the interview panel has recommended the City and School District award a contract to Fehr &Peers to develop the North School Neighborhood Traffic Management Plan. Background: The passage of the Measure S school bond in June 2016 created the Measure S School Facilities Project,which calls for the reconstruction of North School and the revitalization/modernization of the School District's two current schools.To comply with the California Environmental Quality Act City of Hermosa Beach Printed on 6/7/2019Page 1 of 6 powered by Legistar™ Staff Report REPORT 19-0376 School District's two current schools.To comply with the California Environmental Quality Act (CEQA),the School District prepared an Environmental Impact Report (EIR)for the North School Reconstruction Project and took action to certify the Final EIR and approve the project on January 9, 2019. Since certification of the Final EIR by the School Board on January 9,2019,the City and School District representatives have met as a team frequently to discuss the terms of the tolling agreement and collaborate on the conditions to be included in a Memorandum of Understanding (MOU).Under the leadership of Mayor Stacey Armato,School Board President Doug Gardner,Councilmember Justin Massey,and School Board Member Maggie Bove-LaMonica,on February 27,2019,the Memorandum of Understanding was approved by both the City Council and School Board memorializing the commitment of both parties to work together collaboratively to safely manage transportation, traffic, and student loading and unloading activities. Fulfilling the commitments of the MOU will be accomplished primarily through the development and implementation of a Neighborhood Traffic Management Plan (NTMP).As articulated in the MOU and as required under Mitigation Measure TRAF-5(d)in the Final EIR,the NTMP is intended to serve as an iterative plan to identify operational traffic concerns on adjacent streets resulting from the Project and ways to manage them accordingly.The MOU describes a process where the City and School District mutually agree on the scope of work to be contained within a request for proposals (RFP)to jointly hire the traffic engineer,transportation planner,and/or third-party expertise needed to manage the preparation of the NTMP. The Draft Scope of Work for the RFP was provided and approved by the City Council and School Board in April 2019.Staff subsequently finalized the request for proposals (Attachment 1)and began the advertisement process inviting proposers in early May. Discussion: The North School Neighborhood Traffic Management Plan RFP was posted on May 7, 2019 and included the timeline identified in Table 1. Table 1 – North School NTMP Request for Proposal Timeline RFP posted Tuesday May 7, 2019 Deadline to submit written questions Friday May 17, 2019 Posting of responses to questions Tuesday May 21, 2019 Deadline to submit proposals Tuesday May 28, 2019 - 5 PM PST Interviews (if needed) Monday June 3, 2019 Tentative award Week of June 10, 2019 In addition to posting the RFP on the City and District’s websites,advertising in the Easy Reader,and City of Hermosa Beach Printed on 6/7/2019Page 2 of 6 powered by Legistar™ Staff Report REPORT 19-0376 In addition to posting the RFP on the City and District’s websites,advertising in the Easy Reader,and posting on LinkedIn,staff directly invited approximately 35 transportation planning/traffic engineering consulting firms and shared the RFP with three bid clearinghouses to expand the potential number of responses from qualified firms. By the May 28,2019 deadline to submit,a total of four proposals were received ranging in costs from $48,945 to $162,500 including the optional tasks requested in the RFP to prepare the Pedestrian and Vehicle Travel Route Maps and Transportation Management Program. Table 2 – Proposing Firms and Cost for Required and Optional Tasks Required Tasks Optional Tasks Total Fehr & Peers $142,900 $19,600 $162,500 Steer $136,612 $20,280 $156,892 Minagar $89,935 -- $89,935 Quantum Consulting $45,525 $3,420 $48,945 All four proposals were considered responsive based on the proposal review criteria (Attachment 2) and therefore interviews were scheduled with each team.The interview panel convened on Monday June 3, 2019 and included: ·Maggie Bove-LaMonica, School Board Member ·Nancy Bartolo, School District’s Authorized Representative for Measure S ·Leeanne Singleton, City of Hermosa Beach Environmental Analyst ·Erik Zandvliet, City of Manhattan Beach Traffic Engineer The interview panel asked a range of questions to proposers regarding project understanding, community engagement,schedule delivery,experience with similar projects,and creative problem- solving tactics and scored each team using the same proposal review criteria. Based on the submitted proposals,interviews,and reference checks,the interview panel identified Fehr and Peers as the top-ranked team to lead the development of the North School Neighborhood Traffic Management Plan for the City and School District.The originally submitted proposal is provided as Attachment 3.The interview panel was particularly impressed with team’s depth of experience both in Hermosa Beach and with similarly complex traffic calming projects and felt the team proposed a rational approach and reasonable schedule to successfully meet the needs of the City and the School District. The interview panel highlighted the following observations of the Fehr &Peers proposal and team that contributed to the recommendation: City of Hermosa Beach Printed on 6/7/2019Page 3 of 6 powered by Legistar™ Staff Report REPORT 19-0376 ·Phased approach that focused on the areas of common ground to build consensus ·Thoughtful reflection of the challenges with the site and neighborhood ·Team members with traffic calming and city-specific expertise that was presented in an engaging manner ·Positive experience with City on past projects and significant data available through past projects to jump start project ·Reliance on technology and data to demonstrate range of potential solutions and consider the tradeoffs with various scenarios ·Articulated understanding that solutions would be a balance between engineering design and transportation demand management-based outreach With the recommendation of the interview team,staff identified a few areas in the Fehr &Peers proposal where the scope of work could potentially be streamlined and worked with the Fehr &Peers team to submit a revised scope of work and budget (Attachment 4)for the required tasks of $124,200. The changes to the scope of work and budget include: ·Reduction in the Principal billing rate and addition of a junior engineer to the project team; ·Consolidation of the number of study session/public hearing meetings with the City Council and School Board from 6 to 3,with one initial City/School joint meeting,one School meeting, and one City meeting where consultant support may be needed; ·Reduction in some of the funds set aside for reproduction or printing of materials. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.The development of the NTMP related to North School would help implement our collective community vision to provide exceptional local schools to the Hermosa Beach community and support several goals of the Governance Element, Land Use Element, and Mobility Element. Governance Element Goal 1 - A high degree of transparency and integrity in the 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. Goal 2 - The community is active and engaged in decision-making process. ·2.7 Major planning efforts.Require major planning efforts,policies,or projects to include a public engagement effort. 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. City of Hermosa Beach Printed on 6/7/2019Page 4 of 6 powered by Legistar™ Staff Report REPORT 19-0376 Land Use Element Goal 7 -Adequate space and appropriate integration of community and school facilities that support physical activity, civic life and social connections for residents of all ages and interests. ·7.2 Joint use with schools.Where appropriate,maintain and enhance joint use agreements with Hermosa Beach City School District to maximize community use of school facilities and expand school use of City park facilities and community space to expand opportunities for physical activity. ·7.3 School modernization upgrades.Support Hermosa Beach City School District plans to renovate and modernize school facilities to meet evolving educational needs in a manner that minimizes burdens to adjacent neighborhoods. ·7.4 Flexible use of school facilities.Collaborate with the school district to identify appropriate temporary and flexible uses of school facilities that minimize impacts to surrounding neighborhoods during dips or fluctuations in school enrollment numbers. Mobility Element Goal 2 -A public realm that is safe,comfortable,and convenient for travel via foot,bicycle,public transit,and automobile and creates vibrant,people-oriented public spaces that encourage active living. ·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. ·2.2 Encourage traffic calming.Encourage traffic calming policies and techniques to improve the safety and efficient movement of people and vehicles along residential areas and highly trafficked corridors. Goal 3 -Public right-of-ways supporting a multimodal and people-oriented transportation system that provides diversity and flexibility on how users choose to be mobile. ·3.3 Active transportation.Require commercial development or redevelopment projects and residential projects with four or more units to accommodate active transportation by providing on-site amenities,necessary connections to adjacent existing and planned pedestrian and bicycle networks, and incorporate people-oriented design practices. ·3.9 Access for emergency vehicles.Ensure that emergency vehicles have secure and convenient access to the city’s street network. ·3.10 Require ADA standards.Require that all public right-of-ways be designed per Americans with Disabilities Act (ADA)standards by incorporating crosswalks,curb ramps,pedestrian signals, and other components to provide ease of access for disabled persons. ·3.11 Site specific conditions.Evaluate and incorporate any site specific conditions or restrictions on public property or right-of-ways during the design and engineering phases for pedestrian and bicycle facilities. Goal 7 -A transportation system that results in zero transportation-related fatalities and which City of Hermosa Beach Printed on 6/7/2019Page 5 of 6 powered by Legistar™ Staff Report REPORT 19-0376 minimizes injuries. ·7.1 Safe public right-of-ways.Encourage that all public right-of-ways are safe for all users at all times of day where users of all ages and ability feel comfortable participating in both motorized and non-motorized travel. ·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. ·7.4 Traffic safety programs.Prioritize traffic safety programs oriented towards safe access to schools and community facilities that focus on walking, biking, and driving in school zones. Fiscal Impact: Based on the cost-sharing agreement of the Memorandum of Understanding between the City and the School District,the City’s share of the overall contract would be $62,100.In the 2019-20 Preliminary Budget,$50,000 has been appropriated in the City Manager’s contract services account for the City’s share of the development of the Neighborhood Traffic Management Plan.Staff recommends approval of a one-time transfer of $12,100 from Prospective Expenditures into the City Manager’s contract services account in 2018-19 in order to cover the City’s remaining share of the contract. Attachments: 1. North School Neighborhood Traffic Management Plan Request for Proposals 2. Proposal and Interview Evaluation Criteria 3. Fehr & Peers Original Submitted Proposal 4. Fehr & Peers Draft Contract and Revised Scope of Work/Fee Schedule Respectfully Submitted by: Leeanne Singleton, AICP, Environmental Analyst Noted for Fiscal Impact: Charlotte Newkirk, Accounting Manager Legal Review: Lauren Langer, Assistant City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 6 of 6 powered by Legistar™ City of Hermosa Beach & Hermosa Beach City School District May 7, 2019 Page 1 of 32 REQUEST FOR PROPOSALS (RFP) FOR: Neighborhood Traffic Management Plan for the North Elementary School Project Jointly Issued by the City of Hermosa Beach and Hermosa Beach City School District NOTICE IS HEREBY GIVEN that the City of Hermosa Beach and the Hermosa Beach City School District are seeking proposals from qualified individuals or firms to prepare a Neighborhood Traffic Management Plan for the North Elementary School Project. Proposer(s) must have the expertise, experience and demonstrate d resources available to perform the work described in the RFP. The complete RFP may be found on the City’s website at the following location: http://www.hermosabch.org/index.aspx?page=667 or the School District’s website at: https://www.hbcsd.org/District/28131-Bids-Proposals.html. Description of Project The City of Hermosa Beach and the Hermosa Beach City School District are seek ing proposals from qualified firms to prepare a Neighborhood Traffic Management Plan for the neighborhood surrounding North Elementary School . In June 2016 the voters of Hermosa Beach passed Measure S and the Hermosa Beach City School District created the Measure S School Facilities Program which calls for the reconstruction of North School and the revitalization/modernization of the School District's two current schools. The project involves construction of a two-story classroom and administration building (main building) along 25th Street in Hermosa Beach. These facilities are designed to accommodate a maximum enrollment of 510 students, though 300-400 students is the anticipated enrollment, and will accommodate the District’s third and fourth - grade students. Additionally, a multipurpose building along 26th Street, a parking lot with 41 stalls in the western portion of the site, play areas in the eastern portion of the site, and associated improvements, including an on-street passenger loading area on 25th Street. Pursuant to the Environmental Impact Report for the project and a Memorandum of Understanding between the City and the School District, the parties are jointly engaging in the preparation of a Neighborhood Traffic Management Plan (NTMP). The NTMP is intended to serve as an iterative plan to identify operational traffic concerns on adjacent streets resulting from the Project and ways to manage them accordingly. This RFP is for the preparation of that plan. RFP Timeline RFP posted Tuesday May 7, 2019 Deadline to submit written questions Friday May 17, 2019 Posting of responses to questions Tuesday May 21, 2019 Deadline to submit proposals Tuesday May 28, 2019 - 5 PM PST Interviews (if needed) Monday June 3, 2019 Tentative award Week of June 10, 2019 Submittal Procedures No proposals will be accepted after the listed date and time. All proposals must be clearly marked with the project title and RFP number and submitted in a sealed envelope. Failure to identify the proposal on the envelope may result in disqualification of the proposal. The format, content, and procedures for submitting a proposal are provided in further detail within the RFP. Contact This proposal and project will be jointly managed by the City of Hermosa Beach and Hermosa Beach C ity School District. Please direct any inquiries regarding this RFP to Leeanne Singleton at lsingleton@hermosabch.org AND Pat Escalante at pescalante@hbcsd.org. All questions regarding the content of the proposal should be submitted in writing to the listed email addresses and sent no later than the date and time listed in the RFP Timeline. Responses to questions will be distributed to registered bid holders and posted to the City and District websites. City of Hermosa Beach & Hermosa Beach City School District Page 2 of 32 Table of Contents Description of Project ..............................................................................................................................1 RFP Timeline ...............................................................................................................................................1 Submittal Procedures ...............................................................................................................................1 Contact .....................................................................................................................................................1 1 Introduction ......................................................................................................................................... 3 1.1 Invitation for Proposals ......................................................................................................................3 1.2 RFP Timeline ....................................................................................................................................3 1.3 General RFP Conditions ....................................................................................................................3 2 2 Project Description ...................................................................................................................... 6 2.1 Characteristics and Project Location ........................................................................................6 2.2 Project Goals & Study Boundary .................................................................................................7 2.3 Relevant Plans, Policies, Programs, or Projects .........................................................................9 2.4 Proposed Scope of Work .............................................................................................................9 2.5 Work to be Performed or Provided by the City/School District ........................................... 11 3 Proposal Submittal Instructions ........................................................................................................ 12 3.1 Proposal Format .............................................................................................................................. 12 3.1.1 Hard Copy Proposals ............................................................................................................... 12 3.1.2 Electronic Submittal ................................................................................................................. 12 3.2 Proposal Content ............................................................................................................................ 12 3.2.1 Cover Letter .............................................................................................................................. 13 3.2.2 Firm Profile ................................................................................................................................. 13 3.2.3 Project Understanding and Approach to Scope of Work ................................................. 13 3.2.4 Project Management Plan ..................................................................................................... 14 3.2.5 Experience and Qualifications ............................................................................................... 14 3.2.6 Required Forms ......................................................................................................................... 15 3.2.7 Cost Proposal ............................................................................................................................ 16 4 Proposal Evaluation and Selection .................................................................................................. 16 4.1 Proposal Review Process ................................................................................................................ 16 4.2 Evaluation Criteria ........................................................................................................................... 16 5 Contract Expectations ...................................................................................................................... 17 5.1 Contract Period ............................................................................................................................... 17 5.2 Professional Services Agreement .................................................................................................. 17 5.3 Standards of Work ........................................................................................................................... 18 5.4 Invoicing and Payment .................................................................................................................. 18 6 Attachments and Required Forms ................................................................................................... 19 6.1 Maps or Design Plans ...................................................................................................................... 19 6.2 Sample Professional Services Agreement ................................................................................... 20 6.3 Required Forms ................................................................................................................................ 29 City of Hermosa Beach & Hermosa Beach City School District Page 3 of 32 1 Introduction 1.1 Invitation for Proposals The City of Hermosa Beach and the Hermosa Beach City School District are seeking proposals from qualified individuals or firms to prepare a Neighborhood Traffic Management Plan for the North Elementary School Project. Proposer(s) must have the expertise, experience and demonstrate resources available to perform the work described in the RFP. 1.2 RFP Timeline RFP posted Tuesday May 7, 2019 Deadline to submit written questions Friday May 17, 2019 Posting of responses to questions Tuesday May 21, 2019 Deadline to submit proposals Tuesday May 28, 2019 - 5 PM PST Interviews (if needed) Monday June 3, 2019 Tentative award Week of June 10, 2019 1.3 General RFP Conditions The following instructions and conditions apply to this RFP: Pre-Contractual Expenses The City of Hermosa Beach and Hermosa Beach City School District shall not, in any event, be liable for any pre-contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed. Pre-contractual expenses are defined as expenses incurred by bidders in: • Preparing a proposal in response to this RFP. • Submitting that proposal. • Negotiating any matter related to this RFP, proposal, and/or contractual agreement. • Any other expenses incurred by the consultant prior to the date of an executed contract. Authority to Withdraw RFP and/or Not Award Contract The City and School District reserve the right to withdraw this RFP at any time for any reason without prior notice. Further, the City and School District make no representations that any agreement will be awarded to any consultant responding to this RFP. The City and School District expressly reserve the right to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s). The release of this RFP does not obligate or compel the City or School District to enter into a contract or agreement. Authority to Revise RFP and Request Additional Information The City and School District reserve the rights to amend the RFP at any time, to determine the successful respondent(s), and to reject any or all Proposals or their components. Should it be necessary to issue addendums to this RFP during the proposal period, the known holders of this RFP will be notified and addendums posted to the City and School District websites. Proposals shall acknowledge that the consultant is aware of all addendums which have been issued and has incorporated their provisions in their proposal by completing the Certification of Proposal Form. The City and School District reserve the right, to request additional information or clarifications from consultants where it may serve their best interest. City of Hermosa Beach & Hermosa Beach City School District Page 4 of 32 Other Conditions • ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm, the Scope of Work may be modified and refined during negotiations. • AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the consultant to a contract for the execution of the work. Upon request, any agent submitting a proposal on behalf of a consultant shall provide a current power of attorney certifying the agent’s authority to bind the consultant. • AWARD OF PROPOSAL. City and School District reserve the right to negotiate final terms with the selected consultant, if any. Award may be made to the consultant offering the most advantageous proposal after consideration of all criteria. • COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto. • CONFLICT OF INTEREST. By signing the Certification of Proposal, the consultant declares and warrants that no elected or appointed official, officer or employee of the City or School District have been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposals, consultant declares and warrants that no elected or appointed official, officer or employee of the City or School District, during the term of his/her service shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. • DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the consultants, the City and School District may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any consultant is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a consultant is interested. Consultants shall submit as part of their Proposal documents the completed Non-Collusion Affidavit. • EXAMINATION OF DOCUMENTS. It is the responsibility of the consultant to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, and addendums (if any). Consultants shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the consultant to examine documents shall in no way relieve the consultant from any obligations with respect to the solicitation for and subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City and School District may rely that the consultant has thoroughly examined and is familiar with the RFP documents. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document. • INTERPRETATION OF RFP DOCUMENTS. City and School District reserve the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or other RFP documents, or finds discrepancies or omissions in the specifications, the person may submit a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to, the scope of work, can be made only by written addendum issued. Proposers shall submit all questions in writing City of Hermosa Beach & Hermosa Beach City School District Page 5 of 32 to the contact listed in the announcement. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When interpretations are considered necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each consultant to ensure their correct business name, mailing address and e-mail address are on file. Any prospective consultants who obtained a set of RFP documents are responsible for advising the City and School District that they have a set of RFP documents and wish to receive subsequent Addendums. • IRREGULARITIES. City and School District reserve the right to waive non-material irregularities if such would be in the best interest as determined by the City Manager and School District Superintendent. • NON-DISCRIMINATION. Consultant represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age or medical condition. • NON-EXCLUSIVE. Should the City and School District make an award, the successful consultant will enter into a NON-EXCLUSIVE professional services agreement and the City and School District reserve the right to enter into agreements with other firms. • OFFERS OF MORE THAN ONE PRICE. Consultants are NOT allowed to submit more than one proposal. • OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City and School District upon submission. All bid proposals and documents submitted in response to this RFP shall become the property of the City and School District and a matter of public record pursuant to Government Code sections 6250 et seq. Proposals should not be marked as confidential or proprietary, and the City and the School District may refuse to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. I t is the responsibility of each bidder to clearly identify any and all information contained within its bid proposal that it considers to be confidential and/or proprietary. To the extent that the City and School District agree with that designation, such information will be held in confidence whenever possible and if in compliance with the California Public Records Act and any other applicable law. All other information will be considered public. • PROFESSIONAL SERVICES AGREEMENT. Prior to awarding any work, the selected Consultant will be required to execute a professional services agreement with the City and School District. Any proposed change to the agreement shall be identified in the response to the Request for Proposals (RFP) and shall be subject to the approval of the City and School District. The City and School District require the Consultant to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement. • NO PUBLIC BID PROPOSAL OPENING/PUBLIC RECORDS ACT. Bid proposals shall be opened and its contents secured by staff to prevent disclosure during the evaluative process and the process of negotiating with competing consultants. Adequate precautions shall be taken to treat each consultant fairly and to insure that information gleaned from competing proposals is not disclosed to other Consultants. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authorities. City of Hermosa Beach & Hermosa Beach City School District Page 6 of 32 • PUBLIC RECORD. All proposals submitted in response to this RFP will become the property of the City and School District upon submittal and a matter of public record pursuant to applicable law. • REPRESENTATIONS. Consultant understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City and School District in evaluation of the proposal. Consultant misrepresentation shall be treated as fraudulent concealment from the City and the School District of the facts relating to the proposal. • SEVERABILITY. If any provisions or portion of any provision of this Request for Proposals are held invalid, illegal or unenforceable, they shall be severed from the Request for Proposals and the remaining provisions shall be valid and enforceable. • SUBCONTRACTOR INFORMATION. If the proposal includes the use of sub consultants, consultant must identify specific sub consultants and the specific requirements of this RFP for which each proposed sub consultant would perform services. If a sub consultant for work services to be performed exceeds $25,000 the sub consultant must contain all required provisions of the prime contract. • VALIDITY. Proposal must be valid for a period of 90 days from the due date. • WITHDRAWAL OF PROPOSAL. Consultants’ authorized representative may withdraw Proposals only by written request before the Proposal Submittal Deadline. 2 2 Project Description 2.1 Characteristics and Project Location The City of Hermosa Beach is located within the southwestern coas tal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by the City of Manhattan Beach, on the south by the City of Redondo Beach, on the east by the City of Redondo Beach and the City of Manhattan Beach, and on the west by the Pacific Ocean. The city limits for Hermosa Beach encompass a relatively small land area, approximately 1.4 square miles. In June 2016 the voters of Hermosa Beach passed Measure S and the Hermosa Beach City School District created the Measure S School Facilities Program which calls for the reconstruction of North School and the revitalization/modernization of the School District's two current schools. North Elementary School is located at 417 25th Street in the northern part of Hermosa Beach, north of 25th Street, east of Myrtle Avenue, south of 26th Street, and west of Valley Park. Morningside Drive dead-ends at the southeast edge of the site and picks up north of the site at the intersection of 26th Street. The streets directly adjacent to the school are narrow residential streets and the nearest arterial streets are Gould Avenue to the north and Valley Drive to the east. The project involves construction of a two-story classroom and administration building (main building) along 25th Street. These facilities are designed to accommodate a maximum enrollment of 510 students, though 300-400 students is the anticipated enrollment, and will accommodate the District’s third and fourth-grade students. Additionally, a multipurpose building along 26th Street, a parking lot with 41 stalls in the western portion of the site, play areas in the eastern portion of the site, and associated improvements, including an on -street passenger loading area on 25th Street. Vehicular access to the site would be from 25th and 26th City of Hermosa Beach & Hermosa Beach City School District Page 7 of 32 streets; pedestrian access would be from four access points: 25th Street with direct access from the proposed passenger loading area on 25th Street, 26th Street at the eastern perimeter of the parking lot with direct access from the proposed passenger loading area on Myrtle Avenue, 26th Street at the intersection of Morningside Drive, and end of the cul -de-sac on 26th Street in the southeast portion of the campus. To comply with the California Environmental Quality Act (CEQA), the School District prepared an Environmental Impact Report (EIR) for the North School Reconstruction Project and took action to certify the Final EIR and approve the project on January 9, 2019. Following the certification of the EIR, the City and School District entered into a Memorandum of Understanding demonstrating the commitment to work together collaboratively to safely manage transportation, traffic, and student loading and unloading activities, primarily through the development and implementation of a Neighborhood Traffic Management Plan (NTMP). As articulated in the MOU and as required under Mitigation Measure TRAF-5(d) in the Final EIR, the NTMP is intended to serve as an iterative plan to identify operational traffic concerns on adjacent streets resulting from the Project and ways to manage them accordingly. The MOU describes a process where the City and School District mutually agree on the scope of work to be contained within a request for proposals to jointly hire the traffic engineer, transportation planner, and/or third-party expertise needed to manage the preparation of the NTMP. 2.2 Project Goals & Study Boundary The City of Hermosa Beach and the Hermosa Beach City School District are seeking proposals from qualified firms to prepare a Neighborhood Traffic Management Plan for the neighborhood surrounding North Elementary School that achieves the following goals: ● Identifies solutions that will enhance public safety and traffic flow at North School without causing delays in the school’s construction, which may include additional offsite loading and unloading zones on public property. ● Maximizes the efficient use of limited funds of the City and School District and leverages outside funding opportunities. ● Utilizes a collaborative process to incorporate City, School District, and community input on the design and operation of transportation facilities and traffic concerns. ● Complies with the conditions set forth in the MOU and the Mitigation Monitoring and Reporting Program for the North School EIR. ● Can be completed by March 31, 2020, including adoption of plan by both the School Board and City Council. The project study area is limited to the street segments and intersections within the geographic area studied within the project EIR. City of Hermosa Beach & Hermosa Beach City School District Page 8 of 32 Map of Neighborhood Traffic Management Plan Study Area City of Hermosa Beach & Hermosa Beach City School District Page 9 of 32 2.3 Relevant Plans, Policies, Programs, or Projects Proposers should review and consider the work already completed or underway in the development of approach, budget, and schedule. The following links are provided for your convenience: • North School Project Environmental Impact Report, certified January 2019 • Hermosa Beach City-School District Memorandum of Understanding, signed February 2019 • PLAN Hermosa, the City’s Comprehensive General Plan and Local Coastal Program, adopted August 2017 • PLAN Hermosa Environmental Impact Report, certified August 2017 • South Bay Bicycle Master Plan - Hermosa Beach Chapter, adopted August 2011 • Hermosa Beach 2018/19 Capital Improvement Program, adopted June 2018 • City of Hermosa Beach Engineering and Traffic Speed Survey, adopted August 2016 • Pavement Management Plan, adopted October 2017 2.4 Proposed Scope of Work The development of the Neighborhood Traffic Management Plan should consist of the following components or steps. The proposer’s Approach to the Scope of Work, Deliverables, Budget, and Schedule should incorporate these items as well as any community engagement efforts that are expected to occur. The City is looking for creativity from proposers to provide, manage, and oversee an approach that will result in the efficient and effective development or provision of services. The City is therefore open to proposers identifying a different organization of tasks, or recommending the addition or removal of tasks, so long as the project objectives are met, and the rationale for additions or removal are clearly articulated. 1. Project Management & Administration a. Kick-Off Meeting & Study Area Tour b. Monthly Progress Meetings c. Project Invoicing & Reporting 2. Community Engagement The City and School District have committed to jointly hold at least two (2) community meetings and the formation of a stakeholder group to share information and gather public input on relevant topics including peak traffic surge, speed, safety, sight distance, anticipated and proposed student loading and unloading locations, and parent and resident concerns that might deter walking and biking to school or use of certain routes to/from the Project. Consultant must provide an individual or team with demonstrated expertise and qualifications to facilitate and manage the community engagement process. Consultant must work with the City and District designees to develop a viable communications plan to engage community stakeholders. a. Stakeholder Group Facilitation b. City-School Compact Meeting(s) c. Community Meeting 1 City of Hermosa Beach & Hermosa Beach City School District Page 10 of 32 d. Community Meeting 2 3. Data Collection & Analysis The consultant will collect and evaluate relevant data including, as appropriate: Speed surveys, traffic volume counts, traffic queueing, reported accidents, bicycle routes, pedestrian activity, impacts on neighboring streets or other Hermosa Schools, and suitable offsite student loading and unloading locations. To the extent feasible, existing data available from the School District or the City should be utilized for analysis rather than collecting new data. Section 2.3 Relevant Plans, Programs, Policies, or Projects includes a number of documents in which data has been recently collected on traffic volume, speed, traffic collisions, and safe routes to school interest/participation. Consultant shall provide written documentation to support all planning assumptions used including cost data, design standards, projections and other evaluation performed. All documented work product created or used by the consultant shall be provided to the City and District upon request and shall be deemed property of the City and District. 4. Measure Identification & Evaluation a. Measure Identification The NTMP will incorporate projects and programs identified as mitigation measures within the EIR including the effect of a staggered bell schedule and development of Recommended Vehicle Travel Routes Map, Pedestrian School Route Plan, and Transportation Management Program. The NTMP will additionally include capital projects and other physical measures to facilitate and address offsite student loading and unloading, including consideration of nearby City properties around Valley Park such as the Kiwanis/Rotary parking lot and parki ng along Gould Ave, that would be jointly funded consistent with the Cost Sharing provision of this MOU. Such capital projects may include improvements to Valley Park and other City and/or District real property and other measures may include, but are not limited to:  Painting curbs red;  Installing additional traffic control improvements, off-site loading areas, and crossing guards, if needed.  Installing additional stop or yield signs to restrict turning movements during peak traffic periods.  Restricting more on-street parking during peak traffic periods.  Widening the passenger loading zone on Myrtle. b. Measure Prioritization Once a range of potential measures have been identified, the consultant will perform an evaluation of the measures to refine, prioritize, or eliminate potential measures based on an established set of criteria to create a suite of recommended projects or programs. Potential criteria for evaluating and prioritizing management measures includes the following:  Effect on student safety;  Effect on emergency response;  Cost-effectiveness;  Ease of implementation;  Effects on non-project transportation and traffic; Speed to implement; and City of Hermosa Beach & Hermosa Beach City School District Page 11 of 32  Permanency of solution. 5. Draft Neighborhood Traffic Management Plan a. Preliminary Engineering & Program Design for Recommended Measures The top measures identified and prioritized in Task 4 that involve capital improvements or construction will be incorporated into the NTMP and should be designed with sufficient detail to accurately identify the associated costs (and sharing based on added impacts arising from incremental increases caused by the project as further addressed in section 5(b)) and efficiently submit materials for grant applications. b. Cost Sharing Allocation & Identification of Grant Funding Opportunities The NTMP will include a section identifying the appropriate cost-sharing formulas to assign responsibility for implementation by the City and School District. This section will additionally include recommendations of grant funding opportunities that the identified projects may be good candidates for pursuit of funding. c. Adaptive Management Plan for Monitoring & Re-Evaluation The NTMP will include a schedule for monitoring and periodic review of the measures prescribed in this NTMP, including periodic assessment of performance metrics, thresholds, technology, and data used to identify necessary changes to the Transportation Program, NTMP, Travel Routes, and Pedestrian Routes. Metrics to be used to identify such changes shall include surveys and monitoring to determine how students get to and from the Project, length and duration of queues at student loading and unloading locations, and levels of service (“LOS”) at roadways and intersections surrounding the Project. 6. Board, City Council, and Commission Review & Approvals The initial development of the NTMP, and any subsequent revisions, shall be approved by the City Council, all appropriate City commissions (likely the Public Works Commission), and the School District Board. Consultant shall participate in the approval process. 7. Development of Pedestrian School Route Plan, Recommended Vehicle Travel Routes Map, and Transportation Management Program As part of or upon completion of the Neighborhood Traffic Management Plan, the City and School District may elect to utilize the expertise of the hired consultant to assist in the development of the Pedestrian School Routes Plan, Recommended Vehicle Travel Routes Map, and Transportation Management Program which have been defined as mitigation measures in the Certified EIR for North School. Proposers should include this work as an optional task in their proposed approach, schedule, and budget. 2.5 Work to be Performed or Provided by the City/School District The City and School District will perform the following tasks or functions related to this project. Proposer should summarize any services NOT provided by their firm that are listed in the Scope of Work and list any resources, assistance or other items expected to be provided by City or School District beyond those listed in Section 2.5. 1. Process, distribute, and respond to data and information requests from the consultant. City of Hermosa Beach & Hermosa Beach City School District Page 12 of 32 2. Post/distribute public information announcements, website updates, workshop agendas/reports. 3. Prepare and execute Agreements with all entities. 4. Schedule times and facilities reservations for meetings and workshops. 5. Upon contract award, City/School District will provide copies of available records. 6. Act as liaison with the appropriate decision making bodies. 3 Proposal Submittal Instructions 3.1 Proposal Format Proposals must be submitted in a sealed envelope or box bearing the name of the consultant, clearly marked, and submitted only to the following address: Neighborhood Traffic Management Plan for the North Elementary School Project City of Hermosa Beach 1315 Valley Drive Hermosa Beach CA 90254 3.1.1 Hard Copy Proposals Proposers shall submit one original and four copies of the proposal for a total of five bound documents. One hard copy of the cost proposal (fee schedule) shall be in a separate sealed envelope, clearly marked “Cost Proposal”. If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide the basis for resolving such discrepancies. If one document is not clearly marked “ORIGINAL", the City reserves the right to use any copy of the proposals as the Original. All proposals shall be submitted on standard 8.5” by 11” paper and printed double-sided. Exhibits may be 11” by 17” paper as needed. Proposers should minimize the use of plastic film/dividers and other materials that cannot be recycled. All pages should be numbered and identified sequentially by section. Proposals shall be no more than 50 total pages (25 double-sided pieces of paper) inclusive of the cover letter and all required forms. 3.1.2 Electronic Submittal Proposers shall submit an electronic PDF version of their proposal by email to the project contacts at lsingleton@hermosabch.org AND pescalante@hbcsd.org. The cost proposal shall also be submitted in the same email, but as a separate PDF attachment. Attachments may not exceed a combined total of 20 MB. 3.2 Proposal Content Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals should include the sections as described in greater detail below. Do NOT include marketing brochures or other promotional material not connected with this RFP. City of Hermosa Beach & Hermosa Beach City School District Page 13 of 32 3.2.1 Cover Letter Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter should include an introduction of the firm and summary statement of professional qualifications. 3.2.2 Firm Profile Proposers should provide a brief profile of the prime consultant and any sub -consultants. Information should include, but is not limited to the following information: • Official name and address. • Name, address, and telephone number of the consultant’s primary point of contact. • Type of business entity of consultant (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture. • Federal Employer I.D. Number. • Address, telephone numbers and fax numbers of each of the proposing firm’s locations. • Indication whether firm is totally or partially owned by another business organization (parent company) or individual. • Number of years consultant has been in business under the present business name. • Number of years of experience the consultant has had in providing required, equivalent, or related services. • Any failures or refusals to complete a contract, and explanation. 3.2.3 Project Understanding and Approach to Scope of Work Proposers should include in this section a statement of project understanding, organizational chart, approach to work program and summary of deliverables, described in greater detail below. Statement of Project Understanding Consultant must include in this section its understanding of the project and understanding of the Scope of Services noted herein. Consultant should be able to articulate a thorough understanding of the State, County and Local requirements, and other industry standards applicable to the project or services to be provided. Organizational Chart Consultant shall include an organizational chart that reflects key staff and roles/responsibilities of each individual assigned to provide services under this Proposal. Any roles or topics in which the proposer anticipates utilizing the expertise of subcontractors should be clearly identified. Approach to Work Program (Required and Optional Tasks) The City and School District are seeking an effective, efficient and creative approach to preparing work products and meeting the goals and timeline for this project. In this section, proposers should include their recommended approach to providing the requested professional services and tasks noted in the Scope of Services in the RFP. The approach to the work plan shall be of such detail to demonstrate the proposer’s ability to accomplish project objectives. This section should also include proposed approaches and techniques to engagement community and stakeholders in the process of developing the project. The proposer’s approach should provide detail on both the required and optional tasks identified in the scope of work, as well as any additional tasks recommended by the proposer to successfully achieve the project objectives. City of Hermosa Beach & Hermosa Beach City School District Page 14 of 32 Summary of Deliverables Proposer should identify the major deliverables, indicate the number of drafts or versions anticipated in the scope of work and budget, and the format in which the deliverable will be provided (electronic or hard copy) for each required and optional task. Roles and Responsibilities for City Staff Proposer should summarize any services NOT provided by their firm that are listed in the Scope of Work. Consultant shall also list any resources, City/School District assistance or other items expected to be provided by City and School District beyond those listed in Section 2.5, “Work to be Performed or Provided by the City and School District”. Consultant may additionally itemize those services which are further required but are not noted in the aforementioned paragraphs as requirements. Consultant will title this section as Additional Services. 3.2.4 Project Management Plan Key to a creative, effective, and efficient delivery of the project is close coordination and communication between the City, School District, community, and the selected consultant. In this section, proposers should provide a project schedule, and describe the firm or project manager’s approach to communications and quality assurance/quality control. Schedule Proposers should present a schedule that details the timing and sequence of project tasks, deliverables, and community engagement efforts. Per the terms of the Memorandum of Understanding, the City and School District must adopt the Neighborhood Traffic Management Plan no later than March 31, 2020. Communications Approach Proposers should describe their recommended or preferred approach to project communications between the City, School District, and Consultant Team. This should include detail on the frequency of project check-ins, progress updates, and meeting locations (i.e. phone, email, in-person). Communications protocols for coordinating with other departments, agencies, and the community can be established during project kick-off. Please note that this project will be jointly managed by the City and the School District and proposers should be prepared to describe how communications will be approached with multiple project contacts. Quality Assurance/Quality Control Approach Describe the firm’s QA/QC processes that will be adhered to during the term of the agreement. Describe the Consultant’s method of ensuring that the assigned personnel’s quality of work is high. 3.2.5 Experience and Qualifications Proposers should include in this section a summary of relevant projects, contact information for references, and information about the experience, qualifications, and availability of key personnel, described in greater detail below. Summary of Relevant Projects Proposers should highlight representative projects that are similar in scope and size to this project to demonstrate the firm’s depth of experience and familiarity with similar projects. For each project, please include the following information, at a minimum: • Year started and completed (if relevant) • Contracting Agency + Department • Project Description • Key Personnel Assigned • Contract Value City of Hermosa Beach & Hermosa Beach City School District Page 15 of 32 References Consultant must provide at least three (3) references for which consultant has provided services similar in scope as set forth in the RFP within the last five (5) years. Reference information should include: • Name of agency • Name of agency project manager • Email address and telephone number of contact person • Description of project or services provided Experience and Qualifications of Key Personnel The consultant shall provide resumes indicating the experience and qualifications for the key personnel identified in the organization chart. Consultant shall also include the number and type of additional support personnel who will be providing services. At a minimum, the resume for each team member should include: • Name • Position and Role for This Project • Degrees and Certifications • Professional Memberships/Registrations • Summary of Experience • Work on Representative Project Similar in Scope If sub-consultants are to be used as part of this proposal, a resume of the sub -consultant and relevant experience is to be included in the same format. Assignment of Key Personnel It is the City and School District’s preference to have the key personnel identified in the Organizational Chart remain with the project during the term of the agreement. In this section, please indicate the availability of key personnel to pursue completion of this project in terms of the involvement in other projects that are presently in your firm’s backlog. After contract execution the Consultant should not substitute key personnel (project manager and others listed by name in the proposal) or sub-consultants without prior written approval. The consultant must request and justify the need for the substitution and obtain approval from the agency prior to use of a different sub-consultant on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost for engineering types of consultant contracts, the Consultant’s project manager shall have all the necessary credentials to qualify him/her as a project manager for this project. In the event there are proposed changes in key personnel, including sub-consultants, during the term of the agreement that are outside of the consulting firm’s control, the consultant shall prepare a transition plan that is presented to the project management team for review. 3.2.6 Required Forms Consultant shall review, acknowledge and submit the following forms: • Certification of Proposal. Proposer is required to sign and submit the Certification of Proposal including acknowledgement that they have received and considered any addendums issued in connection with this RFP. • Non-Collusion Affidavit. Proposer is required to sign and submit the Non-Collusion Affidavit. • Compliance with Insurance Requirements. Consultant shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement. City of Hermosa Beach & Hermosa Beach City School District Page 16 of 32 • Acknowledgement of Professional Services Agreement. Consultant shall demonstrate willingness and ability to comply with the Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement. 3.2.7 Cost Proposal Printed cost proposals shall be submitted in a separate sealed envelope with the proposal, labeled “Cost Proposal” and indicate the firm’s name. Electronic copies of the cost proposal may be submitted in the same email but provided as a separate, clearly marked “cost proposal” PDF file. Consultant should provide the estimated fee to successfully fulfill the Scope of Work detailed in this RFP. Required and optional tasks should be consistent with the tasks listed in the Scope of Services and be clearly marked in the fee schedule to facilitate consistent comparison of costs between proposals. The Cost Proposal should detail the scope of services by task, identifying project team members, hourly billing rates, and estimated hours per task. The Cost Prop osal should also include any direct costs such as travel, equipment, printing/materials. The Cost Proposal must also state if the proposed hourly rate(s) for key personnel is guaranteed for the term of an agreement (if awarded) or if it is subject to adju stments. If subject to adjustments, consultant must state the frequency of adjustments and how adjustments are determined. 4 Proposal Evaluation and Selection 4.1 Proposal Review Process The City and School District will evaluate all proposals received in accordance with the evaluation criteria. The City and School District shall not be obligated to accept the lowest priced proposal, but may make award(s) in the best interests of the City and School District after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer. Evaluation scores will not be released until after award of proposal, if one is made. Following the review of proposals by the project management team, short-listed consultants may be invited to be interviewed by a panel of staff from the City and School District. Discussions may, at the City and School District’s option, be conducted with the most qualified Proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City and School District will not disclose information derived from proposals submitted by competing Proposers. The City and School District will verify references of short-listed consultants, which may include persons not listed as references, and this will help inform the recommendation. The City and School District will jointly select a consultant to negotiate for the performance of work. In negotiating the contract the City and School District may request modifications to the proposed scope or to the technical team or other elements of the proposal. If negotiations fail, the City and School District will commence negotiations with the next qualified candidate. Work will promptly commence following contract award and satisfaction of contract requirements. 4.2 Evaluation Criteria Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City and School District will use the following criteria in its evaluation of proposals, interviews with City of Hermosa Beach & Hermosa Beach City School District Page 17 of 32 selected consultants, or verification of references. The categories will be weighted approximately as follows. Approach and Methods (35%): • A well thought-out and tailored approach to the technical work that responds to the project’s particular issues and needs. • Incorporation of innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. • Evidence of the team’s ability to work collaboratively with other members of a multi- disciplinary team in a complex and dynamic working environment. • Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management project management plan. Relevant Experience & Expertise (40%): • Recent experience preparing similar projects or providing similar services for jurisdictions. • Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements. • The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project • The team’s experience and ability to clearly communicate technical concepts and terminology with the community. Timeframe and Costs (15%): • Display of a proposed schedule and timeline that meets any specific conditions laid out in the RFP or accomplishes the project objectives in a reasonable timeframe. • Delivery of a clear and reasonable project budget that provides sufficient detail on the costs for required and optional services. • Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimize cost overruns. Administration (10%): • Ability to comply with the timeline, terms, and billing procedures. • The extent and nature of any proposed amendments to the Sample Professional Services Agreement. 5 Contract Expectations 5.1 Contract Period The Contract Period will be established following submittal of proposals and be based on a reasonable amount of time needed to complete the work. Per the terms of the Memorandum of Understanding, the City and School District must adopt the Neighborhood Traffic Management Plan no later than March 31, 2020. 5.2 Professional Services Agreement The selected consultant will be expected to comply with and sign the Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney and School District’s Attorney or their designee(s) retain the discretion to accept or reject proposed exc eptions or modifications to the Professional Services Agreement. City of Hermosa Beach & Hermosa Beach City School District Page 18 of 32 5.3 Standards of Work In case of conflicts, ambiguities, discrepancies, errors, or omissions, Consultant shall submit the matter for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City and School District shall be at Consultant's risk and expense. 5.4 Invoicing and Payment The contract will be set up as a fixed fee contract with a not to exceed rate to be billed monthly based on hours worked. Consultant shall invoice the City and School District separately, with each covering 50% of the invoice costs. Invoices are to be submitted monthly. The invoices shall reference the project title, and must list the charges by task, worker classification, hours, billing rate, and totals. Back up information must be submitted together with the invoices. Each invoice shall contain a progress report describing the work completed during the billing period and shall also include cost information by task regarding: previous work billed to date, work billed during the reporting period, percent of task compl eted and amount remaining by task. City of Hermosa Beach & Hermosa Beach City School District Page 19 of 32 6 Attachments and Required Forms 6.1 Maps or Design Plans City of Hermosa Beach & Hermosa Beach City School District Page 20 of 32 6.2 Sample Professional Services Agreement CONTRACT FOR PROFESSIONAL SERVICES TO ________________________________________________________________ BETWEEN THE CITY OF HERMOSA BEACH AND HERMOSA BEACH CITY SCHOOL DISTRICT AND ___________________________ This AGREEMENT is entered into this day of , 2019, by and between the CITY OF HERMOSA BEACH, a general law city a municipal corporation (“CITY”) and Hermosa Beach City School District (“District”) (“together CITY/DISTRICT), and _, a limited liability company (“CONSULTANT”). R E C I T A L S A. The City/District desires to __________________________________________. B. The City/District does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City/District desires to contract for consulting services to accomplish this work. C. The Consultant warrants to the City/District that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D. The City/District desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City/District and the Consultant agree as follows: CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. As additional consideration, CONSULTANT and City/District agree to abide by the terms and conditions contained in this Agreement. As additional consideration, City/District agrees to pay CONSULTANT a total of $ , for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager and District Superintendent or his/her designee(s). CONSULTANT shall submit to City/District, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. City/District shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. Except as herein otherwise expressly specified to be furnished by City/District, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional City of Hermosa Beach & Hermosa Beach City School District Page 21 of 32 and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. PAYMENTS. For City/District to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks perfo rmed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the City/District and shall continue until all authorized work is completed to the City/District’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the City/District. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be perfo rmed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is ________________. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City/District. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on __________, 20___, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. CHANGES. City/District may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and City/District. The cost or credit to City/District resulting from changes in the services will be determined in accordance with written agreement between the parties. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide City/District with a Taxpayer Identification Number. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. TERMINATION. Except as otherwise provided, City/District may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at City/District’s option, become City/District’s City of Hermosa Beach & Hermosa Beach City School District Page 22 of 32 property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. Should the Agreement be terminated pursuant to this Section, City/District may procure on its own terms services similar to those terminated. INDEMNIFICATION. CONSULTANT shall indemnify, defend with counsel approved by City/District, and hold harmless City/District, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of City/District’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City/District. Should City/District in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the City/District its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the City/District (and its officers, officials, employees and volunteers) covered by this indemnity obligation. 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 and will survive termination of this Agreement. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by City/District, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitatio n, to the provisions concerning indemnification. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without City/District’s written approval are prohibited and will be null and void. INDEPENDENT CONTRACTOR. City/District and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with City/District. CONSULTANT is not an agent or employee of City/District and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City/District provides for its employees. Any provision in this Agreement that may appear to give City/District the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the City/District as to end results of the work only. AUDIT OF RECORDS. CONSULTANT agrees that City/District, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide City/District, or designee, with any relevant information requested and will permit City/District, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3 ) years following final payment under this Agreement. City of Hermosa Beach & Hermosa Beach City School District Page 23 of 32 CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by City/District regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City/District to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. INSURANCE REQUIREMENTS. A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City/District at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the City/District, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City/District. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. 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. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT 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 one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by City/District arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is City of Hermosa Beach & Hermosa Beach City School District Page 24 of 32 approved in writing by City/District, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The City/District, 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 the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the City/District, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the City/District, including any self-insured retention the City/District may have, shall be considered excess insurance only and shall not contribute with this policy. 3. 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. 4. The insurer waives all rights of subrogation against the City/District, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies s hall not affect coverage provided to the City/District, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City/District. C. CONSULTANT agrees to provide immediate notice to City/District of any claim or loss against Contractor arising out of the work performed under this agreement. City/District assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City/District. D. Any deductibles or self-insured retentions must be declared to and approv ed by the City/District. At the City/District’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULTANT shall provide certificates of insurance with original endorsements to the City/District as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City/District on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on fil e with the City/District at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the City/District may terminate this Agreement pursuant to Section 11 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City/District, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City/District pay the SIR or deductible on Consultant’s behalf upon City of Hermosa Beach & Hermosa Beach City School District Page 25 of 32 the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City/District may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City/District due to the breach. USE OF OTHER CONSULTANTS. CONSULTANT must obtain City/District’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the City/District from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the City/District’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City/District shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City/District for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City/District’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City/District, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City/District may deduct the cost of such correction from any retention amount held by the City/District or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by City/District for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City/District does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which City/District appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY DISTRICT CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: Hermosa Beach City School District 425 Valley Drive ATTN: ATTN: City of Hermosa Beach & Hermosa Beach City School District Page 26 of 32 Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section. A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, City/District may rescind this Agreement without liability. B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and City/District and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or City/District’s obligations under this Agreement. C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s City Manager, or designee, may execute any such amendment on behalf of CITY. DISTRICT Superintendent, or designee, may execute such amendment on behalf of DISTRICT ACCEPTANCE OF FACSIMILE OR ELECTRONIC 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 or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, City of Hermosa Beach & Hermosa Beach City School District Page 27 of 32 or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that par ty or those parties may be entitled. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to City/District. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City/District shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City/District shall have the sole right to use such materials in its discre tion and without further compensation to the Consultant, but any re-use of such documents by the City/District on any other project without prior written consent of the Consultant shall be at the sole risk of the City/District. DISCLOSURE REQUIRED. (City/District and Consultant initials required at one of the following paragraphs) By their respective initials next to this paragraph, City/District and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18701(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City/District. Consultant hereby acknowledges his or her assuming- office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City/District shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the Conflict of Interest Code. City Initials ______ Consultant Initials ______ OR City of Hermosa Beach & Hermosa Beach City School District Page 28 of 32 By their initials next to this paragraph, City/District and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18701(a)(2)(A) and is otherwise not serving in staff capacity in accordance with the Conflict of Interest Code. City Initials ______ District Initials ______ Consultant Initials ______ IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH HERMOSA BEACH CITY SCHOOL DISTRICT CONSULTANT MAYOR SCHOOL BOARD PRESIDENT By: TITLE ATTEST: ATTEST: Elaine Doerfling, City Clerk Taxpayer ID No. APPROVED AS TO FORM: APPROVED AS TO FORM: Michael Jenkins , City Attorney Terry Tao , School District Attorney City of Hermosa Beach & Hermosa Beach City School District Page 29 of 32 6.3 Required Forms 6.3.1 Certification of Proposal RFP #: _________ The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). 1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City or School District have been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City or School District, during the term of his/her service with the City or School District shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. 2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City and School District in accordance with this RFP. 3. Proposer has carefully reviewed its proposal and understands and agrees that the City and School District are not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them. 4. It is understood and agreed that the City and School District reserve the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received. 5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal 6. The proposal shall be valid for 90 days from the date of submittal. 7. Proposer acknowledges that the City and School District may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued: Addendum: _____________________________ Addendum: _____________________________ Addendum: _____________________________ 8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal. Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ City of Hermosa Beach & Hermosa Beach City School District Page 30 of 32 6.3.2 Non-Collusion Affidavit RFP #: _________ The undersigned declares states and certifies that: 1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. 2. This proposal is genuine and not collusive or sham. 3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP. 4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or Hermosa Beach City School District or of anyone interested in the proposed contract. 5. All statements contained in the Proposal and related documents are true. 6. I have not directly or indirectly submitted the proposal price or a ny breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal. 7. I have not entered into any arrangement or agreement with any City of Hermosa Beach or Hermosa Beach City School District public officer in connection with this proposal. 8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ City of Hermosa Beach & Hermosa Beach City School District Page 31 of 32 6.3.3 Compliance with Insurance Requirements RFP #: _________ The selected consultant will be expected to comply with the City and School District’s insurance requirements contained within this RFP. The undersigned declares states and certifies that: 1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal. 2. If selected, proposer agrees to accept all conditions and requirements as contained therein. Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ City of Hermosa Beach & Hermosa Beach City School District Page 32 of 32 6.3.4 Acknowledgement of Professional Services Agreement RFP #: _________ The selected consultant will be expected to comply with and sign the Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney and School District’s Attorney or their designee(s) retains the discretion to accept or reject proposed exceptions or modifications to the Professional Services Agreement. 1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the Sample Professional Services Agreement. 2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows: _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _________________________________________________________________________________ Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ North School NTMP Proposal Review - Evaluation Criteria Proposer: ______________________Reviewer: ______________________ Approach and Methods (35%): /35 ●A well thought-out and tailored approach to the technical work that responds to the project’s particular issues and needs. ●Incorporation of innovative and/or creative approaches for providing the service that will maximize efficient,cost-effective operations or increased performance capabilities. ●Evidence of the team’s ability to work collaboratively with other members of a multi-disciplinary team in a complex and dynamic working environment. ●Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management project management plan. Notes: Relevant Experience & Expertise (40%): /40 ●Recent experience preparing similar projects or providing similar services for jurisdictions. ●Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements. ●The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project ●The team’s experience and ability to clearly communicate technical concepts and terminology with the community. Notes: Timeframe and Costs (15%): /15 ●Display of a proposed schedule and timeline that meets any specific conditions laid out in the RFP or accomplishes the project objectives in a reasonable timeframe. ●Delivery of a clear and reasonable project budget that provides sufficient detail on the costs for required and optional services. ●Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimize cost overruns. Notes: Administration (10%): /10 ●Ability to comply with the timeline, terms, and billing procedures. ●The extent and nature of any proposed amendments to the Sample Professional Services Agreement. Notes: TOTAL: /100 i City of Hermosa Beach and Hermosa Beach City School District Proposal to Provide a Neighborhood Traffic Management Plan for the North Elementary School Project May 28, 2019 SUBMITTED TO: City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 SUBMITTED BY: 600 Wilshire Blvd, Suite 1050 Los Angeles , CA 90017 May 28, 2019 Leeanne Singleton City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 RE: Request for Proposals to Provide Professional Engineering Services (RFP 19-01) for Caltrans Systemic Safety Analysis Report Program Dear Ms. Singleton, Fehr & Peers is pleased to submit this proposal to prepare the Neighborhood Traffic Management Plan for the North Elementary School. Like the staff of the Hermosa Beach and the City Schools District, our team understands the importance of transportation safety to all who live, work, and play in Hermosa Beach, especially around City schools. Managing neighborhood traffic issues requires facilitation skills to navigate the range of opinions/needs and technical expertise to identify the solutions that best match the stakeholder needs. Our team for this project brings you the local experience working in the City, national expertise in safety and traffic calming, and staffing commitments necessary to meet the scope and schedule requirements of this important project. Our Principal- in-Charge Steve Brown, brings decades of experience in multi-modal safety and traffic calming. He was co-author of the US Traffic Calming Manual, and has worked extensively with communities in Los Angeles and Orange Counties to find consensus around traffic calming and neighborhood traffic management issues. He regularly oversees our safe routes to school and school access safety studies. Our project manager, Rachel Neumann, has managed multiple projects in the City, including the transportation evaluation for the Hermosa Beach General Plan. We bring years of experience working on mobility projects in Hermosa Beach and nearby communities, including the Hermosa Beach General Plan, the Hermosa Beach Pedestrian Safety Assessment, the Manhattan Beach Mobility Element, the Redondo Beach General Plan, and the City of Los Angeles Westside Mobility Plan. We propose a two-phased approach to accomplish this study. The first phase focuses on develop a clear understanding of stakeholder concerns about neighborhood traffic management in the study area, and identify their shared goals and values. We also need to separate their true needs from their positions. Most important to this phase will be the assessment as to whether there is enough flexibility and common ground to form meaningful solutions. Only if some consensus is reached, would we recommend proceeding into the second phase of technical analysis and plan development. Please feel free to contact us at any point during the procurement process. We have included our contract exceptions in the appendix. Thank you for your consideration of our proposal; we hope to hear from you soon. Steve Brown, PE Principal in Charge Tel: 949-308-6321 s.brown@fehrandpeers.com C PROJECT UNDERSTANDING AND APPROACH TO SCOPE OF WORK D PROJECT MANAGEMENT PLAN E EXPERIENCE AND QUALIFICATIONSF REQUIRED FORMS G COST PROPOSAL (ATTACHED SEPARATELY) A COVER LETTER In this Proposal B FIRM PROFILE FEHR & PEERS 1 Fehr & Peers has an extensive and successful history providing transportation solutions to public and private clients. With richly designed techniques, we transform complex information into accessible visuals for a diverse range of stakeholders. Our team of visual communicators understand that a successful outreach strategy relies on intuitive, polished visuals that structure the discussion, provide opportunities to inform and listen, and, most importantly, are crafted with the viewer in mind. As technical experts, the creative, cost-effective, and results-oriented solutions we develop position us as one of the preeminent authorities on multi-modal safety. We offer our clients the right combination of leading-edge technical skills and knowledge of the communities where we work to deliver comprehensive solutions and superior client service. We are nationally-recognized experts who routinely publish original research, serve on national committees, and teach courses to others in the industry. We do this while maintaining our commitment to translating those techniques into practical solutions. At Fehr & Peers, we take a creative, data- driven approach to each of our practice areas, which include the following: • Multi-modal safety and operations, and simulation • Active transportation planning • Transit planning • Corridor studies • Transportation engineering We are the largest transportation-focused firm in California, with nearly 300 employees, including 40 in our Los Angeles office. This gives us the resources and expertise to deliver this work on your behalf. Clients hire Fehr & Peers because of our commitment to being the best at what we do. We live out this commitment in three distinct ways. First, we invest heavily in our culture to ensure that we are attracting and retaining the best and brightest staff in the industry. Second, we have a robust, internally-funded research and development program that enables us to develop new analytical methods and advance the state of the practice. This includes our Multi-Modal Safety Technical Initiative, through which staff from across California share best practices and collaboratively problem-solve on safety topics. And third, we survey every client at the completion of every project to assess their satisfaction and to identify areas for improvement. We are very proud of the impact this commitment has had on the communities we have been fortunate to serve. B. Firm Profile About Fehr & Peers Official name and address: Fehr & Peers 600 Wilshire Blvd, Suite 1050 Los Angeles, CA 90017 Point of Contact: Rachel Neumann Project Manager 600 Wilshire Blvd, Suite 1050 Los Angeles, CA 90017 Tel: 213.261.3050 Type of Business S-Corporation Federal Employer ID 68-0065540 Office Location For this project, the work will be performed out of the Los Angeles office listed in the official name and address. Fax - 310-394-7663 Business Organization Fehr & Peers is not owned by another business entity Number of Years Consultant has been in Business under Present Name 3/12/2007 - name changed from Fehr & Peers Associates to Fehr & Peers Number of Years Providing Similar Services 34 Failures or Refusals to Complete a Contract Fehr & Peers has not ever failed or refused to complete a contract. Steve Brown, PE Principal-in-Charge Rachel Neumann Project Manager Claude Strayer, PE Project Engineer 2 PROPOSAL FOR NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE NORTH ELEMENTARY SCHOOL PROJECT C. Project Understanding and Approach to Scope of Work We understand the critical nature of this project for the City, the School District, and the students, teachers and neighbors of the North Elementary School. All parties will agree that safety is critically important while maintaining traffic flow to the school, and to the surrounding neighborhood is critical. Facilitating a collaborative process that seeks consensus among all stakeholders is the most fundamental challenge of this project that must be tackled, and we emphasize seeking consensus through a collaborative process as the key outcome of our proposed first phase of work. Once consensus is achieved, a neighborhood traffic management plan (NTMP) can be prepared that complies with the memorandum of understanding (MOU) between the City and the School District, and the Mitigation Monitoring and Reporting Program (MMRP) required in the North School Environmental Impact Report (EIR). Our proposed scope of work and schedule, assuming that stakeholders agree on common ground, will complete the scope of work for adoption by the City Council and the School Board by March 31, 2020. Statement of Understanding Organizational Chart TEAM APPROACH This Fehr & Peers team has a proven track-record of working together to deliver systemic safety and pedestrian- oriented plans throughout Southern California. With a companywide culture of technical innovation, along with openness and communication, our team is well-positioned to deliver this project that relies on a collaborative effort to bring together the safety and engineering skills of our own staff, the expertise of the City of Hermosa Beach and Hermosa Beach City School Districtstaff, and the local knowledge of stakeholders and community members. With this project, we vow to tackle complex safety issues through a collaborative problem-solving approach. Task 1: Project Management and Administration Task 1.1: Kick-Off Meeting and Study Area Tour Fehr & Peers will attend a project kick-off meeting with City and City Schools staff initiate the project. The meeting will provide an opportunity to discuss project goals, communication protocols, and immediate next steps. The study area tour with kick off meeting participants will be used to discuss areas with potential existing concerns (vehicle-pedestrian conflicts, school drop-off traffic congestion), as well as areas that have been previously identified for potential opportunity for traffic management intervention. Fehr & Peers will document the study area tour discussion with an annotated study area map. Deliverables: Annotated study area issues/opportunities map Task 1.2: Monthly Progress Meetings Fehr & Peers will participate in nine total monthly meetings or conference calls July 2019 through March 2020 Approach to Work Program Task 1.3: Project Invoicing & Reporting Invoices will be submitted monthly consistent with the formal as detailed in item 5.4 of the request for proposals. Phase 1: Consensus Building Task 1: Project Management and Administration Initial community engagement is a critical first effort for this project. Re-engaging with stakeholders is needed to develop a clear understanding of their concerns about neighborhood traffic management in the study area, and identify their shared goals and values and where those goals and values conflict. We also need to separate their true needs (such as a quiet neighborhood at night) from their positions (no more school traffic). Most important to this phase will be the assessment as to whether there is enough flexibility and common ground to form meaningful solutions. If we find this isn’t the case, we will review with the City after Task 2 to determine whether/how the effort should continue. Technical analysis and plan development should follow the identification of consensus strategies to be most effective and cost efficient. We therefore propose to divide the Community Engagement tasks into Phase 2, to identify consensus. If participating stakeholders agree, we can then move into Phase 3 of data analysis and plan development, with accompanying Community Engagement. FEHR & PEERS 3 Task 2.1: Stakeholder Group Facilitation In Phase 1, we propose to work closely with staff to identify the most important stakeholders to include in the engagement efforts. In our experience, it is important to include residents, parents of students, teachers/ administrators, and city staff in a stakeholder group to represent different perspectives and needs for the neighborhood traffic management plan. Following identification of stakeholders, Fehr & Peers will send out invites and convene the initial stakeholder group meeting around the task of identifying their needs, positions, and flexibility. Fehr & Peers has extensive experience facilitating group meetings around traffic management issues. Deliverables: Stakeholder group invitation list, meeting facilitation materials, and needs/positions document Task 2.1: City - School Compact Meeting Using a similar approach to the stakeholder group, Fehr & Peers will facilitate a City-School Compact meeting to identify consensus items and areas of differing needs and positions between the City and the School/School District, in order to work towards a clear understanding. We also want to discern the range of potentially acceptable measures (operational and physical) to address traffic issues. Deliverables: Meeting facilitation materials, and needs/positions and opportunities document Task 2.3: Community Meeting 1 If the possibility of workable solutions emerges from the Stakeholder Group and City School Compact Meetings, Fehr & Peers will prepare content for a broader community meeting. The purpose of the meeting is to share and get feedback on common interests and potential actions, as well as expose community members more broadly to the concepts of neighborhood traffic management to gauge their interest in, and reaction to various traffic calming measures. Fehr & Peers will facilitate, prepare all maps, visuals and workshop materials, and will take notes at the community meeting. The meeting will consist of a presentation and an interactive exercise. Following the completion of Phase 1 Initial Community Engagement, Fehr & Peers will reconvene with staff to strategize about areas of consensus and disagreement, and update and refine the proposed data analysis and plan development approach to best address advancing areas of consensus. Deliverables: Meeting facilitation materials, meeting summary, scope of work refinement (if considered necessary following community engagement feedback 4 PROPOSAL FOR NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE NORTH ELEMENTARY SCHOOL PROJECT In our experience, it is most cost effective to rescope the data collection and analysis scope to target areas of opportunity that need data to facilitate further refinement, as well as unanswered questions that can reduce opportunities. While subject to refinement based on initial community engagement, we propose to gather and evaluate data such as: speed surveys, roadway traffic and pedestrian volumes, and origin-destination data, as well as physical inventories of existing transportation facilities, including: roadways, crossing facilities, bicycle facilities, and drop off and loading facilities. The City of Hermosa Beach has a substantial amount of data available (including from prior projects that Fehr & Peers was involved in), so we anticipate that much of this effort will be to compile and visually convey existing data. The goal of this task is to curate date relevant for achieving consensus, rather than analysis for analysis sake, so we will orient our efforts towards data that will assist the public approval process. For budgetary purposes, we have included $3,000 of data collection direct expenses, to be used to collect new traffic counts, speed surveys, etc. to be scoped in coordination with City staff. Deliverables: Summary analysis graphics and memorandum Phase 2: Technical Analysis & Plan Development We recommend executing the RFP Task 3 (Data Analysis) and Task 4 (Measure Development) as part of the same phase, and introduce continued community engagement during this task. Task 3: Data Collection and Analysis Task 4: Measure Identification and Evaluation Task 4.1: City-Measure Idnetification and Evaluation/Prioritization Fehr & Peers will document and evaluate the various projects and programs identified as mitigation measures in the EIR and as documented in the RFP document. Additionally, based on field observation and community feedback, we will identify other measures relevant for evaluation. Fehr & Peers will develop a measure prioritization matrix to qualitatively evaluate the effects on safety, emergency response, cost-effectiveness, ease of implementation (including speed of implementation), secondary effects on non-school related transportation and traffic, and permanence of the measure (versus temporary demonstration measures). Deliverables: Measures list and evaluation matrix FEHR & PEERS 5 Task 4.2: Subsequent Community Engagement Fehr & Peers will present the identified measures in a meeting with the stakeholder group, and subsequently in Community Meeting 2, to gain feedback and preference from the community. We will use instant polling exercises to gain community preferences for measures. Following the polling exercise, we will share the evaluation matrix of the measures, so they can see how the most popular measures will perform relative to the evaluated metrics of performance. Deliverables: Meeting facilitation materials, meeting summary, instant polling presentation & results for stakeholder group and Community Meeting 2. Task 5: Draft Neighborhood Traffic Management Plan Task 5.1: Preliminary Engineering And Program Design for Recommended Measures Following the evaluation and determination of community preference for the top measures, Fehr & Peers will prepare concept designs for measures suitable for identifying reasonably realistic cost assumptions, and any technical challenges. Measures will be summarized in project sheets suitable for easy incorporation into future grant applications Task 5.2: Cost Sharing Allocation And Identification of Grant Funding Opportunities Fehr & Peers will identify potential grant sources that could be used to fund the implementation of measures. We will recommend a strategy for implementing a cost-sharing formula between the City and School District. Task 5.3: Adaptive Management Plan for Monitoring & Re-Evaluation We will recommend a regular schedule and process for performance review and revaluation of the measures based on the goals of the project and the evaluation matrix. Task 5.4: Draft Plan We will submit a Draft NTMP for review and comment from City and School District staff. We will respond to one round of consolidated comments from each, and submit a revised plan for review during the public approval process. Deliverables: Draft and Final NTMP inclusive of content developed in prior tasks. 6 PROPOSAL FOR NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE NORTH ELEMENTARY SCHOOL PROJECT Task 6: Board, City, Council and Commission Reviews And Approvals Task 7.1: Route Maps If requested, Fehr & Peers will prepare the specified route maps using our visual communications team in our Los Angeles office. Our team excels at conveying layers of data in a clear and user-friendly manner and will tailor the maps to suit the audience. Our team will engage with City and School District staff to understand preferences for look and feel of the maps (such as logos, colors, etc.), and will prepare draft maps, submit to the City and School District for review and comment in one consolidated set of comments for each. We will finalize the maps based on comments. Deliverables: Draft and Final Route Maps Task 7.2: Transportation Management Program Fehr & Peers has prepared transportation management plans and programs for schools, institutions, and businesses throughout Southern California. Our work will start by identifying the current transportation management strategies implemented by the City and the School District. Building on existing data summaries from Task 3.1, an evaluation of employee zip code data (if available) and our knowledge of Hermosa Beach, we will prepare recommendations for the most effective transportation management strategies, including incentives (such as transit pass subsidies), and information and promotional programs. We will prepare a draft transportation management program and, submit to the City and School District for review and comment in one consolidated set of comments for each. Deliverables: Draft and Final Transportation Management Program Report. process. Fehr & Peers will prepare a plan overview presentation to be given at up to six public meetings in total. Deliverables: Board presentations Optional Phase 3 Task 7: Pedestrian School Route Plan, Recommended Vehicle Travel Routes Map and Transportation Management Program FEHR & PEERS 7 Summary of Deliverables Deliverables are detailed above under each relevant task listed in the scope of work. Roles and Responsibilities for City Staff The Scope of Work above provides all services requested in the RFP. In addition to the items listed in Section 2.5 of the RFP, we identify the following additional roles and responsibilities for City and School District Staff • Provide space/facilities needed for community engagement activities and cover any City or School District staff and facility costs needed. • Provide initial recommendations for stakeholder invitation list 8 PROPOSAL FOR NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE NORTH ELEMENTARY SCHOOL PROJECT FEHR & PEERS 9 D. Project Management Plan 2019 2020 J A S O N D J F M TASK 1: PROJECT MANAGEMENT AND ADMINISTRATION 1.1 Kick-Off Meeting & Study Area Tour 1.2 Monthly Progress Meetings 1.3 Project Invoicing & Reporting TASK 2: COMMUNITY ENGAGEMENT 2.1 Stakeholder Group Facilitation 2.2 City - School Compact Meeting 2.3 Community Meeting 1 TASK 3: DATA COLLECTION AND ANALYSIS 3.0 Data Collection & Analysis TASK 4: MEASURE IDENTIFICATION AND EVALUATION 4.1 Measure Identification and Evaluation 4.2 Subsequent Community Engagement (Community Meeting 2, Stakeholder Meeting 2) TASK 5: DRAFT NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN 5.1 Preliminary Engineering and Program Design for Recommended Measures 5.2 Cost Sharing Allocation & Identification of Grant Funding Opportunities 5.3 Adaptive Management Plan for Monitoring & Re-Evaluation 5.4 Draft Plan TASK 6: BOARD, CITY, COUNCIL AND COMMISION REVIEWS AND APPROVALS 6.0 Board, City, Council and Commision Reviews and Approvals TASK 7: OPTIONAL PEDESTRIAN ROUTE PLAN, RECOMMENDED VEHICLE TRAVEL ROUTES MAP, TRANSPORTATION MANAGE- MENT PROGRAM 7.1 Route Maps 7.2 Transportation Management Program Schedule 10 PROPOSAL FOR NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE NORTH ELEMENTARY SCHOOL PROJECT Communications Approach We recommend monthly communications between the City, School District, and the Fehr & Peers team. During Phase 1 (Initial Community Engagement), we recommend in-person meetings, because we expect that this will be a particularly critical time in the project. During the data analysis phase, monthly conference calls should be sufficient. We recommend an in-person meeting where Fehr & Peers can present data analysis findings, and measure prioritization. FEHR & PEERS 11 Quality Assurance/Quality Control Approach Fehr & Peers prides ourselves on the quality of the services we offer. As such, our standard process for design projects is described below followed by our standard process for planning efforts. Fehr & Peers sends out a client survey at the close of every project we work on. In 2018, 99% of our clients noted that we met or exceeded expectations. This is the ultimate verification that we are producing quality products for our clients. Engineering Projects Fehr & Peers developed and maintains a QA/QC plan (“Plan”) for Engineering Design projects. The Plan is written for all staff, is available to anyone in the company via our internal website, and is available to external clients on request. It provides definitions related to the engineering process, explains the QA Plan procedures, our internal file system protocol and also outlines our Quality Assurance (QA) Auditing program. The Plan outlines individual responsibilities of everyone, as well as unique responsibilities of key staff (e.g. Principal-in-Charge, Project Manager, Lead Designer). The Plan explains our records management and retention protocols to comply with Federal and State Law. Perhaps the most referenced element of the Plan is the explanation of our standard procedures regarding CADD file creation and management, creation of construction documents, engineering estimates and other calculations. Checklists are available to ensure the process is followed, including such activities as coordination with utilities, affected agencies, ensuring agency comments are responded to, etc. Each of our design documents undergoes an independent internal review, for which we have additional technical checklists depending on the type of plan prepared. Finally, once per year, several projects are audited to ensure compliance with our QA Plan. Through this process, Fehr & Peers ensures that our construction documents are reviewed multiple times by multiple people during the design process, and we maintain the high level of quality that our clients expect. Planning Projects Fehr & Peers employs a Quality Control (QC) process on all transportation planning and traffic operations projects. At the core of the QC process is a hierarchy of staff that are responsible for various aspects of each project. The following hierarchy may be employed on any given project depending on the project requirements and resources. The Principal-in-Charge or Associate-in-Charge provides oversight, review, and strategic direction on the study as necessary. The Project Manager (PM) is responsible for the overall quality of the study, and adherence to schedule and budget. The PM is the primary point of contact for the client. The Project Engineer/Planner conducts the technical calculations, prepares reports, and supports the PM. Experts are individuals that have considerable experience on specific topics and are available to collaborate on innovative solutions to a variety of planning and operational problems. Technical/Administrative Staff includes individuals who prepare high-quality graphics, process reports, set up conference calls, and conduct other project- related activities as necessary. This staff allows our engineers and project managers to focus on the technical analysis. 12 PROPOSAL FOR NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE NORTH ELEMENTARY SCHOOL PROJECT E. Experience and Qualifications Summary of Relevant Projects John H. Francis Polytechnic Senior High Circulation & Traffic Calming Project Duration: 2017-2017 Contracting Agency + Department: Los Angeles Unified School District Project Description: Fehr & Peers developed recommendations to address circulation and traffic calming concerns around the Los Angeles Unified School District (LAUSD) Polytechnic Senior High School, Byrd Middle School, East Valley Skills Center, Lewis Continuation High School, and Polytechnic Freshman Center campuses in the Sun Valley neighborhood of the City of Los Angeles. Recommended improvements, developed based on existing conditions, field observations, and stakeholder feedback, included short-term, medium-term to long- term solutions to improve safety, circulation, and passenger loading at the school and nearby intersections. Recommendations were accompanied by graphics illustrating proposed treatments at key locations. Key Personnel: Steve Brown, PE Contract Value: $30,865 LAUSD South Region High School #8 EIR Traffic and Pedestrian Study Duration: 2009-2012 Contracting Agency + Department: Los Angeles Unified School District Project Description: Fehr & Peers conducted a traffic, parking, and a pedestrian safety study for LAUSD South Region High School #8, a proposed 1,215 student high school located in the City of Maywood. A report summarizing the study’s findings was prepared for inclusion in the Draft EIR for the proposed project. The study evaluated the potential for traffic impacts on adjacent intersections and street segments. The available parking supply on streets within a ¼-mile walking distance of the project site was examined, and the ability of the proposed on-site parking supply to accommodate expected parking demand associated with the project was examined. A pedestrian safety assessment of key crossings leading to the project site was conducted, and recommendations to enhance pedestrian safety were provided. The site access and internal circulation plan was evaluated, and recommendations on future student pick-up/drop-off procedures and queuing requirements were provided. Key Personnel: N/A Contract Value: $60,041 FEHR & PEERS 13 City of West Hollywood Neighborhood Traffic Management Plans Duration: 2015-2017 Contracting Agency + Department: City of West Hollywood Project Description: Fehr & Peers led traffic calming studies in several neighborhoods in the City of West Hollywood. A series of steps were taken to determine the community issues, possible solutions and recommendations. The process followed the City’s traffic calming guidelines and focuses on a grass-roots method for identifying solutions in the community. Fehr & Peers developed traffic calming solutions for the community that integrated the recommendations from community members in a series of public workshops and findings for the existing conditions data collection. Fehr & Peers prepared final recommendations for the City. Key Personnel: Steve Brown, PE Contract Value: $78,600 Beverly Hills Trousdale Neighborhood Safety Studies Duration: 2014-2019 Contracting Agency + Department: City of Beverly Hills Project Description: The City of Beverly Hills hired Fehr & Peers to conduct a study to enhance safety on a residential street that suffered from three truck collisions in a 3-month span. Within a 1-month period, we were tasked with diagnosing the problem and developing options and recommendations. The challenge of getting large trucks in/out of the area for related construction sites while navigating the substantial grades was the primary concern we were asked to consider. Our report included 32 potential treatments for consideration. The Beverly Hills City Council has adopted most of the truck-safety related recommendations for immediate implementation, and they plan to take up the speeding-related recommendations. As a follow-up task, we prepared engineering design plans for the installation of street signs, pavement striping and markings and speed feedback signs to further enhance safety within the neighborhood. Hermosa Beach General Plan and Coastal Land Use Plan Duration: 2013-2017 Contracting Agency + Department: City of Hermosa Beach Project Description:As part of a team, Fehr & Peers is assisted the City of Hermosa Beach with their General Plan and Coastal Land Use Plan. We were responsible for transportation policy and multi-modal transportation modeling. In addition to studies in progress, Fehr & Peers reviewed information obtained from previous studies in the area to make sure we best utilize existing resources. Fehr & Peers prepared a background report summarizing existing mobility conditions, which included an inventory of transportation facilities (roadway, parking, transit, pedestrian, bicycle), and a summary of their current operation. Because mobile source greenhouse gas emissions (GHG) make up a large portion of the City’s total GHG output, innovative mobility policies are a vital component of the General Plan Update. The goals, objectives, and policies of the Mobility Element reflect the requirements of the 2008 California Complete Streets Act (AB 1358), as well as the City’s growing interest in transportation mode alternatives. Then we provided input to the project team on transportation goals, policies, and standards and developed a roadway classification system and prototypical street cross sections that support the City’s mobility goals and policies. Fehr & Peers also identified enhancements to the bicycle, pedestrian, and alternative vehicle network for inclusion in the Mobility Element. Our tasks included developing strategies and policies to address the management of parking resources in the City, the need to increase parking supply to support economic vitality, and methods to efficiently increase parking supply. Fehr & Peers prepared a transportation impact study in support of the preparation of the Environmental Impact Report (EIR) for the General Plan Update. We gathered parking utilization rates and analyzing parking operations in the coastal zone as part of the Local Coastal Plan update. Key Personnel: Rachel Neumann Contract Value: $159,660 14 PROPOSAL FOR NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE NORTH ELEMENTARY SCHOOL PROJECT References Aaron Kunz Director of Community Development City of Beverly Hills 455 North Rexford Drive Beverly Hills, CA 90210 akunz@beverlyhills.org 310-285-2500 Walter Davis Program Specialist City of West Hollywood 8300 Santa Monica Boulevard West Hollywood, CA 90069 BCheung@weho.org 323-848-6328 William Meade Environmental Planning Specialist LAUSD | Office of Environmental Health & Safety 333 S. Beaudry Avenue, 21st Floor Los Angeles, CA 90017 william.meade@lausd.net 213-241-3432 FEHR & PEERS 15 Experience and Qualifications of Key Personnel Master of Science in Transportation, University of California at Berkeley Masters in Business Administration, Golden Gate University Bachelor of Science in Civil Engineering with Honors, University of California, Berkeley Steve Brown, PE is a Senior Principal with 30 years of experience in transportation planning and engineering. In addition to his 25 years of consulting experience, Mr. Brown was the Director of Transportation Planning for the City of Sacramento. He has managed projects in eight states that include the following disciplines: transportation master plans, traffic calming, parking and circulation studies, bicycle and pedestrian facility plans, and corridor studies. Mr. Brown earned a Master’s Degree in Transportation from the University of California, Berkeley, and a Master’s in Business Administration from Golden Gate University in San Francisco. He is a licensed traffic engineer in California. Traffic Calming Mr. Brown, who co-authored the US Traffic Calming Manual, has led the firm’s efforts in creating city-wide traffic calming programs (more than 15) and developing plans for individual neighborhoods (more than 25). This includes the largest traffic calming project in the US (Downtown Sacramento) and award-winning programs from Ithaca, NY to Ft Bragg, CA. La Habra Neighborhood Traffic Management Plan Fehr & Peers developed a citywide program (procedures, tools, funding, et al.) in 2007 and has subsequently developed plans, in collaboration with resident committees, for nine distinct neighborhoods in the City. Three of the plans have been constructed, three are pending Council approval, and three will soon be presented by the committee’s to their neighborhood as a whole. Having developed a clear, pragmatic program has allowed the City to create and implement these plans with very little controversy. Anaheim Neighborhood Traffic Management Program Fehr & Peers developed a comprehensive neighborhood traffic management program for the city of Anaheim. The program included the neighborhood traffic calming process, tool box and design templates. Development of the program involved multiple meetings with city staff and key stakeholders, including the Fire and Police Departments. City of Brea Traffic Calming Fehr & Peers was retained to develop a traffic management plan for a neighborhood in the western part of the City of Brea. The plan was developed with the input of a traffic advisory committee and supported by residents of the neighborhood. The plan addressed traffic-related issues including cut-through and speeding. Beverly Hills Traffic Calming Fehr & Peers facilitated the development of a traffic calming plan for a neighborhood in south-central Beverly Hills. The neighborhood in question is a grid system of streets with speeding and cut-through problems, as well as some localized parking problems related to nearby businesses. Several attempts had already been made to develop a plan that both the city and residents could agree on. The process facilitated by Fehr & Peers included several community meetings, a public workshop, and a presentation to the city council. Steve Brown, PE PRincipal in Charge Licensed Traffic Engineer #1510 16 PROPOSAL FOR NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE NORTH ELEMENTARY SCHOOL PROJECT Rachel Neumann has six years of transportation planning experience in diverse topics, including active transportation, general and community planning, programmatic planning, climate action planning, traffic calming, parking and access, and traffic analysis. Rachel joined the team at Fehr & Peers in 2013 and since that time has managed and assisted on major projects, including the Rail to Rail Active Transportation Corridor 30% Design and Environmental Clearance project, the Subregional Mobility Matrix for the Central Los Angeles and West Subregions, and Quality of Life Study for Los Angeles County Metro (Metro), and the Hermosa Beach General Plan and Hermosa Beach Local Coastal Plan, which won a planning award from AEP in 2018. Rachel excels at interacting with the public and effectively communicating complex, data-driven findings to a wide variety of audiences. Rachel’s clients consistently ask to work with her again. Hermosa Beach General Plan and Coastal Land Use Plan Rachel was Project Manager for the City of Hermosa Beach General Plan and Coastal Land Use Plan. Fehr & Peers was responsible for transportation policy and multi-modal transportation modeling, including development of the Mobility Element. The goals, objectives, and innovative policies of the Mobility Element reflect the requirements of the 2008 California Complete Streets Act (AB 1358), as well as the City of Hermosa Beach’s focus on reducing greenhouse gas emissions and growing interest in transportation mode alternatives. The project won the Outstanding Award from AEP in 2018. California Pedestrian Safety Assessment Program On behalf of the California Office of Traffic Safety (OTS) and the UC Berkeley Institute for Transportation Studies Technology Transfer Program (Tech Transfer), Fehr & Peers developed a technical guide to conduct pedestrian safety assessments (PSAs) in California. The guide incorporates best practices in pedestrian safety engineering, planning, and policy, and is intended for use by a team of two evaluators that has performed the assessments in over 50 California cities. Rachel provided assistance on PSAs in four cities, and was an expert evaluator for this program beginning in 2015. Santa Monica Boulevard Pedestrian Path Crossing Study A decomposed granite pathway runs along the north side of Santa Monica Boulevard in Beverly Hills. With the exception of two locations, the pathway discontinues at each of 25 other intervening roadways with no crossing facilities such as ramps or marked crosswalks provided. This project involved the identification of potential crossing improvements for each location with consideration given to the characteristics of the roadway, the adjacent traffic control at Santa Monica Boulevard, intervening pedestrian and bicycle facilities, if any, and nearby destination points such as transit stops. Rachel utilized Fehr & Peers’ in-house crosswalk tool to identify Mobility Matrix: Central LA & Westside Fehr & Peers led a team to assist Metro with development of a Mobility Matrix for the Central Los Angeles and the Westside subregions. Separate, but simultaneous, processes were established for the necessary sets of meetings for project development. This process included presentations to provide ongoing updates on the progress and status of the Central Los Angeles subregion and Westside COG efforts, including regular Project Development Team meetings with key stakeholders. Project Manager Rachel Neumann MA, Urban and Regional Planning, University of California, Los Angeles BA in History, University of Connecticut FEHR & PEERS 17 Professional Engineer, DE #19157 Civil Engineer, CA #86774 Bachelor of Science, Civil Engineering, Northeastern University Claude Strayer, PE, STP has a range of transportation experience with the design of signing and striping plans, safe routes to school improvements, pedestrian and bicycle facilities, traffic signals, wayfinding and the public involvement process. He has served as Engineer of Record and led teams of designers on a variety of other transportation engineering projects such as temporary traffic control, roadway and sidewalk design, and lighting. He also has experience performing traffic analysis as well as studies with respect to parking, circulation and school zone safety. Beverly Hills Crosswalk Evaluation and Design Fehr & Peers conducted a study to evaluate crosswalk treatments in the City of Beverly Hills. These locations included 28 mid-block crossing of the Beverly Gardens path, marked crosswalks across South Santa Monica Boulevard and Wilshire Boulevard, and a stop-controlled crosswalk in front of City Hall. Following this study, the City constructed its first raised crosswalk to serve a Beverly Gardens path crossing and is in the process of implementing several of the recommended treatment options. Mr. Strayer has served as the engineer/designer on this project. Honolulu Complete Streets Planning and Design Fehr & Peers conducted multimodal transportation analysis, complete streets planning, and design plan development for pedestrian and bicycle safety improvements along 15.6 miles of roadway within Honolulu’s Primary Urban Center (PUC). This project was envisioned as a critical first phase of the expansion of a low traffic stress bicycle and pedestrian network, and a trophy project for Honolulu’s leadership in innovative bikeway planning and design. Mr. Strayer is focused on the design of selected features that balance bike, pedestrian, transit, and vehicular mobility. Temple Hills Drive Traffic Calming, Laguna Beach Mr. Strayer is the Project Manager for the design and cost estimation of recommended traffic calming treatments for residential streets with a significant grade in Laguna Beach. These recommendations have been advanced to the design phase. North Park Mid City Final Design Mr. Strayer served on the design team preparing the plans, specifications and estimates (PS&E) for 11 traffic signal modifications along the Meade, Georgia, and Landis bikeways in the North Park-Mid City area of San Diego, as well as the wayfinding design for the Meade and Landis bikeways. The signal modifications included the preparation of 100% plans that addressed the planned removal of separate left-turn lanes at numerous intersections, the installation of curb extensions/bendouts, and modifications to signal phasing. Project Engineer Claude Strayer, PE 18 PROPOSAL FOR NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE NORTH ELEMENTARY SCHOOL PROJECT Fehr & Peers does not intend to substitute any personnel throughout the duration of the project. Assignment of Key Personnel City of Hermosa Beach & Hermosa Beach City School District Page 29 of 32 6.3 Required Forms 6.3.1 Certification of Proposal RFP #: _________ The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). 1.Proposer declares and warrants that no elected or appointed official, officer or employee of the City or School District have been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City or School District, during the term of his/her service with the City or School District shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. 2.By submitting the response to this request, Proposer agrees, if selected to furnish services to the City and School District in accordance with this RFP. 3.Proposer has carefully reviewed its proposal and understands and agrees that the City and School District are not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them. 4.It is understood and agreed that the City and School District reserve the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received. 5.The proposal response includes all of the commentary, figures and data required by the Request for Proposal 6.The proposal shall be valid for 90 days from the date of submittal. 7.Proposer acknowledges that the City and School District may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued: Addendum: _____________________________ Addendum: _____________________________ Addendum: _____________________________ 8.Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal. Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ None provided in the solicitation N/A N/A N/A Michael Kennedy, Principal City of Hermosa Beach & Hermosa Beach City School District Page 30 of 32 6.3.2 Non-Collusion Affidavit RFP #: _________ The undersigned declares states and certifies that: 1.This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. 2.This proposal is genuine and not collusive or sham. 3.I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP. 4.I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or Hermosa Beach City School District or of anyone interested in the proposed contract. 5.All statements contained in the Proposal and related documents are true. 6.I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal. 7.I have not entered into any arrangement or agreement with any City of Hermosa Beach or Hermosa Beach City School District public officer in connection with this proposal. 8.I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ None provided in the solicitation Michael Kennedy, Principal City of Hermosa Beach & Hermosa Beach City School District Page 31 of 32 6.3.3 Compliance with Insurance Requirements RFP #: _________ The selected consultant will be expected to comply with the City and School District’s insurance requirements contained within this RFP. The undersigned declares states and certifies that: 1.Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal. 2.If selected, proposer agrees to accept all conditions and requirements as contained therein. Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ None provided in the solicitation Michael Kennedy, Principal City of Hermosa Beach & Hermosa Beach City School District Page 32 of 32 6.3.4 Acknowledgement of Professional Services Agreement RFP #: _________ The selected consultant will be expected to comply with and sign the Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney and School District’s Attorney or their designee(s) retains the discretion to accept or reject proposed exceptions or modifications to the Professional Services Agreement. 1.Proposer agrees, acknowledges and is fully aware of the conditions specified in the Sample Professional Services Agreement. 2.Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows: _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _________________________________________________________________________________ Signature of Authorized Representative: ____________________________________________ Printed Name and Title: ____________________________________________ Michael Kennedy, Principal Please see attached. None provided in the solicitation 3. OWNERSHIP OF DOCUMENTS, 28. Change Requested: “It is understood and agreed that the City/District shall own all documents and other work product of the Consultant, except the Consultant’s notes and work papers, which pertain to the work performed under this Agreement. The City/District shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City/District on any other project without prior written consent of the Consultant shall be at the sole risk of the City/District. However, notwithstanding any provision to the contrary in this Agreement, CONSULTANT shall retain ownership and all rights in all inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, or produced by CONSULTANT prior to or independently of any of its services under this Agreement (“Pre-existing Materials”), including such Pre-existing Materials that CONSULTANT may employ in the performance of this Agreement, or may incorporate into any part of its work product. CONSULTANT grants City/District an irrevocable, non-exclusive, royalty-free, license in perpetuity to use, disclose, derive from, and transfer such Pre-existing Materials, but only as an inseparable part of the work product.” Reason for Change: We will often integrate some of our IP (Background Properties) into our work product which we believe will enhance our services and further the goals of this project. We would like to incorporate these Background Properties into our services under this Agreement, but we cannot take the risk of losing our rights to our Background Properties. From:Nasir SakandarTo:Nasir SakandarSubject:FW: Contract Review Request: City of Hermosa Beach/Traffic Management Plan Date:Friday, May 24, 2019 4:15:34 PM 1. INDEMNIFICATION, 12. Changes Requested: “CONSULTANT shall indemnify, defend with counsel reasonably approved by City/District, and hold harmless City/District, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature to the extent arising out of, pertaining to, or relating to or in connection with CONSULTANT's negligent performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of City/District’s passive negligence, but excepting except to the extent such loss or damage which is caused by the sole active negligence or willful misconduct of the City/District. Should City/District in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the City/District its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. The CONSULTANT shall promptly pay any final judgment rendered against the City/District (and its officers, officials, employees and volunteers) covered by this indemnity obligation. 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 and will survive termination of this Agreement.” Reason for Changes: These revisions are to conform this indemnity obligation to Cal. Civ. Code section 2782.8, which includes a negligence trigger and limits a design professional's indemnity obligations to its own proportionate percentage of fault. 2. INSURANCE REQUIREMENTS, 17.B.1. Change Requested: “‘The City/District, 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 the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.’ This endorsement shall only apply to CONSULTANT’s general liability insurance policy and automobile liability insurance policy.” Reason for Change: The revisions here are just to clarify the City/District did not mean to include Consultant’s professional liability insurance for this required endorsement. There is no additional insured coverage on professional liability policies. The policy exists only for the insured professional. Steve Brown Rachel Neumann Claude Strayer Melody Wu Azalea BrunsPIC PM EngineerPlanner / Visual CommunicatorProject CoordinationTasks Actual Hourly Rate: $330.00 $165.00 $195.00 $145.00 $140.00Total HoursTotal CostTask 1: Project Management and Administration$11.1 Kick-Off Meeting & Study Area Tour 6 12 0 0 2 20 $4,240.001.2 Monthly Progress Meetings 18 18 0 0 0 36 $8,910.001.3 Project Invoicing & Reporting 0 18 0 0 9 27 $4,230.00Task 1: Project Management and Administration - Subtotal 24 48 0 0 11 83 $17,380.00Task 2: Community Engagement$12.1 Stakeholder Group Facilitation 4 16 2 22 $4,240.002.2 City - School Compact Meeting 4 8 2 14 $2,920.002.3 Community Meeting 1 4 8 24 8 44 $7,240.00Task 2: Community Engagement - Subtotal 12 32 0 24 12 80 $14,400.00Task 3: Data Collection & Analysis$13.0 Data Collection & Analysis 4 16 12 24 56 $9,780.00Task 3: Data Collection & Analysis - Subtotal 4 16 12 24 0 56 $9,780.00Task 4: Measure Identification & Evaluation$14.1 Measure Identification & Evaluation 8 24 32 16 80 $15,160.004.2 Subsequent Community Engagement 8 16 8 24 8 64 $11,440.00Task 4: Measure Identification & Evaluation - Subtotal 16 40 40 40 8144 $26,600.00Task 5: Draft Neighborhood Traffic Management Plan$15.1 Preliminary Engineering & Program Design for Recommended Measures 12 32 60 104 $20,940.005.2 Cost Sharing Allocation & Identification of Grant Funding Opportunities 4 1620 $3,960.005.3 Adaptive Management Plan for Monitoring & Re-Evaluation 8 2432 $6,600.005.4 Draft Plan 8 40 24 16 88 $14,960.00Task 5: Draft Neighborhood Traffic Management Plan - Subtotal 32112 60 24 16 244 $46,460.00Task 6: Board, City, Council and Commision Reviews & Approvals$16.0 Board, City, Council and Commision Reviews & Approvals 24 480 0 6 78 $16,680.00Task 6: Board, City, Council and Commision Reviews & Approvals - Subtotal 24 48 0 0 6 78 $16,680.00Subtotal Labor Costs 112 296 112 112 53 685 $131,300.00Subtotal Direct Costs$11,600.00New Data Budget (e.g.Traffic, Pedestrian, Bicycle Counts, Speed Surveys)$3,000.00Communication & Reproduction$6,600.00$2,000.00Travel$500.00$142,900.00Task 7: Optional Pedestrian Route Plan, Recommended Vehicle Travel Routes Map, Transprotation Managtement Program$17.1 Route Maps 2 4 40 2 48 $7,400.007.2 Transportation Management Program 2 40 24 4 70 $11,300.00Task 7: Optional Pedestrian Route Plan, Recommended Vehicle Travel Routes Map, Transprotation Managtement Program - Subtotal4440646118$18,700.00Optional Task Labor Costs 4 44 0 64 6 118 $18,700.00Optional Task Direct Costs$900.00Communication & Reproduction$900.00$19,600.00TOTAL COST OPTIONAL TASKTOTAL COST BASE SCOPETable 1Fehr & Peers Cost Sheet City of Hermosa Beach & Hermosa Beach City School District Neighborhood Traffic Management Planfor the North Elementary School ProjectPublic Meeting Materials (refreshments, meeting boards, etc.) for 2 community meetings and 2 stakeholder group meetings i City of Hermosa Beach and Hermosa Beach City School District Revised Scope + Cost for the Neighborhood Traffic Management Plan for the North Elementary School Project SUBMITTED TO: City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 SUBMITTED BY: 600 Wilshire Blvd, Suite 1050 Los Angeles , CA 90017 Task 1: Project Management and Administration Task 1.1: Kick-Off Meeting and Study Area Tour Fehr & Peers will attend a project kick-off meeting with City and City Schools staff to initiate the project. The meeting will provide an opportunity to discuss project goals, communication protocols, and immediate next steps. The study area tour with kick off meeting participants will be used to discuss areas with potential existing concerns (vehicle-pedestrian conflicts, school drop-off traffic congestion), as well as areas that have been previously identified for potential opportunity for traffic management intervention. Fehr & Peers will document the study area tour discussion with an annotated study area map. Deliverables: Annotated study area issues/opportunities map Task 1.2: Monthly Progress Meetings Fehr & Peers will participate in nine total monthly meetings or conference calls July 2019 through March 2020. Approach to Work Program Task 1.3: Project Invoicing & Reporting Invoices will be submitted monthly consistent with the format as detailed in item 5.4 of the request for proposals. Phase 1: Consensus Building Task 1: Project Management and Administration Initial community engagement is a critical first effort for this project. Re-engaging with stakeholders is needed to develop a clear understanding of their concerns about neighborhood traffic management in the study area, and identify their shared goals and values and where those goals and values conflict. We also need to separate their true needs (such as a quiet neighborhood at night) from their positions (no more school traffic). Most important to this phase will be the assessment as to whether there is enough flexibility and common ground to form meaningful solutions. If we find this isn’t the case, we will review with the City after Task 2 to determine whether/how the effort should continue. Technical analysis and plan development should follow the identification of consensus strategies to be most effective and cost efficient. We therefore propose to divide the Community Engagement tasks into Phase 1 and 2, to identify consensus. If participating stakeholders agree, we can then move into Phase 3 of data analysis and plan development, with accompanying Community Engagement. FEHR & PEERS 3 Task 2.1: Stakeholder Group Facilitation In Phase 1, we propose to work closely with staff to identify the most important stakeholders to include in the engagement efforts. In our experience, it is important to include residents, parents of students, teachers/ administrators, and city staff in a stakeholder group to represent different perspectives and needs for the neighborhood traffic management plan. Following identification of stakeholders, Fehr & Peers will send out invites and convene the initial stakeholder group meeting around the task of identifying their needs, positions, and flexibility. Fehr & Peers has extensive experience facilitating group meetings around traffic management issues. Deliverables: Stakeholder group invitation list, meeting facilitation materials, and needs/positions document Task 2.1: City - School Compact Meeting Using a similar approach to the stakeholder group, Fehr & Peers will facilitate a City-School Compact meeting to identify consensus items and areas of differing needs and positions between the City and the School District, in order to work towards a clear understanding. We also want to discern the range of potentially acceptable measures (operational and physical) to address traffic issues. Deliverables: Meeting facilitation materials, and needs/positions and opportunities document Task 2.3: Community Meeting 1 If the possibility of workable solutions emerges from the Stakeholder Group and City School Compact Meetings, Fehr & Peers will prepare content for a broader community meeting. The purpose of the meeting is to share and get feedback on common interests and potential actions, as well as expose community members more broadly to the concepts of neighborhood traffic management to gauge their interest in, and reaction to, various traffic calming measures. Fehr & Peers will facilitate, prepare all maps, visuals and workshop materials, and will take notes at the community meeting. The meeting will consist of a presentation and an interactive exercise. Following the completion of Phase 1 Initial Community Engagement, Fehr & Peers will reconvene with staff to strategize about areas of consensus and disagreement, and update and refine the proposed data analysis and plan development approach to best address advancing areas of consensus. Deliverables: Meeting facilitation materials, meeting summary, scope of work refinement (if considered necessary following community engagement feedback) 4 PROPOSAL FOR NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE NORTH ELEMENTARY SCHOOL PROJECT In our experience, it is most cost effective to rescope the data collection and analysis scope to target areas of opportunity that need data to facilitate further refinement, as well as address unanswered questions that can reduce opportunities. While subject to refinement based on initial community engagement, we propose to gather and evaluate data such as: speed surveys, roadway traffic and pedestrian volumes, and origin-destination data, as well as physical inventories of existing transportation facilities, including: roadways, crossing facilities, bicycle facilities, and drop off and loading facilities. The City of Hermosa Beach has a substantial amount of data available (including from prior projects that Fehr & Peers was involved in), so we anticipate that much of this effort will be to compile and visually convey existing data. The goal of this task is to curate date relevant for achieving consensus, rather than analysis for analysis sake, so we will orient our efforts towards data that will assist the public approval process. For budgetary purposes, we have included $3,000 of data collection direct expenses, to be used to collect new traffic counts, speed surveys, etc. to be scoped in coordination with City staff. Deliverables: Summary analysis graphics and memorandum Phase 2: Technical Analysis & Plan Development We recommend executing the RFP Task 3 (Data Analysis) and Task 4 (Measure Development) as part of the same phase, and introduce continued community engagement during this task. Task 3: Data Collection and Analysis Task 4: Measure Identification and Evaluation Task 4.1 Measure Identification and Evaluation/Prioritization Fehr & Peers will document and evaluate the various projects and programs identified as mitigation measures in the EIR and as documented in the RFP document. Additionally, based on field observation and community feedback, we will identify other measures relevant for evaluation. Fehr & Peers will develop a measure prioritization matrix to qualitatively evaluate the effects on safety, emergency response, cost-effectiveness, ease of implementation (including speed of implementation), secondary effects on non-school related transportation and traffic, and permanence of the measure (versus temporary demonstration measures). Deliverables: Measures list and evaluation matrix FEHR & PEERS 5 Task 4.2: Subsequent Community Engagement Fehr & Peers will present the identified measures in a meeting with the stakeholder group, and subsequently in Community Meeting 2, to gain feedback and preference from the community. We will use instant polling exercises to gain community preferences for measures. Following the polling exercise, we will share the evaluation matrix of the measures, so they can see how the most popular measures will perform relative to the evaluated metrics of performance. Deliverables: Meeting facilitation materials, meeting summary, instant polling presentation & results for stakeholder group and Community Meeting 2. Task 5: Draft Neighborhood Traffic Management Plan Task 5.1: Preliminary Engineering And Program Design for Recommended Measures Following the evaluation and determination of community preference for the top measures, Fehr & Peers will prepare concept designs for measures suitable for identifying reasonably realistic cost assumptions, and any technical challenges. Measures will be summarized in project sheets suitable for easy incorporation into future grant applications Task 5.2: Cost Sharing Allocation And Identification of Grant Funding Opportunities Fehr & Peers will identify potential grant sources that could be used to fund the implementation of measures. We will recommend a strategy for implementing a cost-sharing formula between the City and School District. Task 5.3: Adaptive Management Plan for Monitoring & Re-Evaluation We will recommend a regular schedule and process for performance review and revaluation of the measures based on the goals of the project and the evaluation matrix. Task 5.4: Draft Plan We will submit a Draft NTMP for review and comment from City and School District staff. We will respond to one round of consolidated comments from each, and submit a revised plan for review during the public approval process. Deliverables: Draft and Final NTMP inclusive of content developed in prior tasks. Task 6: Board, City, Council and Commission Reviews And Approvals Fehr & Peers will prepare a plan overview presentation to be given at 3 public meetings: one joint Board/Council meeting, and one each for the Board and City Council. Deliverables: Board presentations 6 PROPOSAL FOR NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN FOR THE NORTH ELEMENTARY SCHOOL PROJECT Steve Brown Rachel Neumann Claude Strayer R Nikoui Melody Wu Azalea BrunsPIC PM Sr. Engineer Jr. EngineerPlanner / Visual CommunicatorProject CoordinationTasks Actual Hourly Rate: $295.00 $165.00 $195.00 $135.00 $145.00 $140.00Total Hours Total CostTask 1: Project Management and Administration$11.1 Kick-Off Meeting & Study Area Tour6 12 0 0 2 20 $4,030.001.2 Monthly Progress Meetings6 18 0 0 0 24 $4,740.001.3 Project Invoicing & Reporting0 18 0 0 9 27 $4,230.00Task 1: Project Management and Administration - Subtotal 12 48 0 0 11 71 $13,000.00Task 2: Community Engagement$12.1 Stakeholder Group Facilitation4162 22 $4,100.002.2 City - School Compact Meeting482 14 $2,780.002.3 Community Meeting 14 8 24 8 44 $7,100.00Task 2: Community Engagement - Subtotal 12 32 0 24 12 80 $13,980.00Task 3: Data Collection & Analysis$13.0 Data Collection & Analysis4 16 4 10 24 58 $9,430.00Task 3: Data Collection & Analysis - Subtotal 4 16 4 10 24 0 58 $9,430.00Task 4: Measure Identification & Evaluation$14.1 Measure Identification & Evaluation16 24 4 40 16 100 $17,180.004.2 Subsequent Community Engagement8 16 4 8 24 8 68 $11,460.00Task 4: Measure Identification & Evaluation - Subtotal 24 40 8 48 408 168 $28,640.00Task 5: Draft Neighborhood Traffic Management Plan$15.1 Preliminary Engineering & Program Design for Recommended Measures16 16 8 60 100 $17,020.005.2 Cost Sharing Allocation & Identification of Grant Funding Opportunities41620 $3,820.005.3 Adaptive Management Plan for Monitoring & Re-Evaluation82432 $6,320.005.4 Draft Plan12 40 24 16 92 $15,860.00Task 5: Draft Neighborhood Traffic Management Plan - Subtotal 4096 8 60 24 16 244 $43,020.00Task 6: Board, City, Council and Commision Reviews & Approvals$16.0 Board, City, Council and Commision Reviews & Approvals12 18 0 0 3 33 $6,930.00Task 6: Board, City, Council and Commision Reviews & Approvals - Subtotal12 18 0 0 3 33 $6,930.00Subtotal Labor Costs 104 250 20 118 112 50 654 $115,000.00Subtotal Direct Costs$9,400.00New Data Budget (e.g.Traffic, Pedestrian, Bicycle Counts, Speed Surveys)$3,000.00Communication & Reproduction$4,800.00$1,600.00Travel for meetings and field work$400.00$124,400.00TOTAL COST BASE SCOPETable 1Fehr & Peers Cost Sheet City of Hermosa Beach & Hermosa Beach City School District Neighborhood Traffic Management Planfor the North Elementary School ProjectPublic Meeting Materials (refreshments, meeting boards, etc.) for 2 community meetings and 2 stakeholder group meetings June 11, 2019 Honorable Stacey Armato, Mayor Honorable Members of Hermosa City Council City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 SUBJECT: CITY COUNCIL REVIEW OF PROPOSED FEHR & PEERS TRAFFIC CONSULTANT CONTRACT Mayor Stacey Armato and Members of the City Council; I’m writing with comments and questions regarding the proposed consultant contract for Fehr & Peers Company (F&P), coming before you tonight. I understand that this firm has been recommended, in coordination with the Hermosa Beach School District, through an RFP process, for the purposes of reviewing historical data, collecting new data, analyzing those findings and providing solutions to mitigate traffic, parking and safety concerns for the students, parents and neighbors for the North School Project. The first comment, and most important: 1.It is unclear in the proposed contract, and underlying MOU, who and how this contract will be managed. There doesn’t appear to be clear lines of authority and/or responsibility between the City, the District and the Consultant. Without specifically defined reporting structures, the Consultant will be put in an untenable position, possibly resulting in unnecessary work, costs and indefinable mitigation recommendations. 2.I suggest designating an experienced single point of contact for the Consultant, backed by a shared, transparent and robust communications plan. I also suggest the need for a list of shared concerns and a separate list of concerns specific to the District and the City, so that the Consultant can recognize differing positions and answer those appropriately. 3.The need to clarify whether F&P is planning to execute RFP Task 3 (data analysis), and Task 4 (mitigation measure development) as part of the same phase. These two tasks should not be worked on simultaneously, as one cannot create mitigations measures until all data is collected. 6/11/19 AGENDA, ITEM 6d - NORTH SCHOOL PROJECT NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN AWARD OF CONTRACT SUPPLEMENTAL LETTER SUBMITTED BY SCOTT DAVEY TO THE CITY COUNCIL ON 6/11/19 AT 12:01 P.M. 4. That the Draft Plan should be submitted to he the Stakeholder Group for review and comment, in addition to the City and the District. 5. The Stakeholders Group should be constituted as soon as possible, so that the Consultant can utilize this group for feedback as soon as needed. 6. Task 6 should include a presentation to the Public Works Commission. 7. Review Task 4.2 suggestion for “instant polling” of stakeholders for feedback on proposed mitigation measures. Language should insure stakeholders have time to review and understand mitigation measures prior to any polling. Also, clarify whether “instant polling” with also be utilized during the two Community meetings? If so, the same concern exists regarding process time. 8. I also suggest that the Stakeholder and Community meetings be recorded, preferably video, so that the public, city staff and district staff can review feedback. This should be added to the scope and budget, prior to contract approval. Scott Davey City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0365 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 LOCAL COASTAL PROGRAM UPDATE AND NEW/AMENDED CONTRACTS TO FULFILL GRANT DELIVERABLES (Environmental Analyst Leeanne Singleton) Recommended Action: Staff recommends that the City Council receive an update on the City's Local Coastal Program (LCP) Grant and authorize the Mayor to sign the following amendments and contracts to support the deliverables of the LCP grant: ·An amendment to the contract with IBI group to extend the contract through December 31, 2019; ·A new contract with Climate Access in the amount of $30,000 to prepare sea level rise visualizations and conduct community engagement; and ·A new contract with Wood Environment &Infrastructure Solutions (previously AMEC Foster Wheeler)in the amount of $46,990 to provide staff augmentation support on LCP preparation, coordination with Coastal Commission staff,and preparation of affordable accommodations technical memorandum. Executive Summary: The City of Hermosa Beach received a grant from the California Coastal Commission in the amount of $135,899 to support the development of the City’s Local Coastal Program (LCP).The grant funds are intended to cover staff and consultant time to prepare technical studies and community engagement efforts to support policy recommendations contained within the LCP.To fulfill the remaining deliverables of the grant agreement within the grant timeframe of December 31,2019,staff requests Council authorize the amendment of one contract with IBI Group (time extension only),and initiation of two new contracts with Climate Access for $30,000 and Wood Environment & Infrastructure Solutions (Wood) for $46,990. Background: In May 2016,the City of Hermosa Beach submitted a grant application to the California Coastal Commission to support ongoing Local Coastal Program development.The City was notified of a recommended grant award in August 2016 and the grant agreement (Attachment 1)with the Coastal City of Hermosa Beach Printed on 6/7/2019Page 1 of 4 powered by Legistar™ Staff Report REPORT 19-0365 recommended grant award in August 2016 and the grant agreement (Attachment 1)with the Coastal Commission was formally signed in June 2017 and must conclude by December 31,2019.The LCP grant was awarded in the amount of $135,899 and is intended to cover: 1.Technical studies on: parking, sea level rise, and overnight accommodations; 2.Land Use Plan (LUP)policy refinement coordination with Coastal Commission Staff-to be incorporated into PLAN Hermosa; and 3.Development of the Implementation Plan (IP), better known as the Coastal Zoning Ordinance. The grant funds cover a mix of staff time reimbursement and consultant support to fulfill the deliverables of the grant.In March 2017,the City Council approved a contract with IBI Group in the amount of $50,000,plus a 10%contingency,to perform the parking study portions of the LCP grant. In November 2018,City staff executed a contract amendment with IBI group to complete additional analysis of parking inventory and occupancy counts for on-and off-street parking by neighborhood, bringing the total contract value to $54,579. Discussion: LCP Status Update Since the execution of the grant,City staff has been working with the Coastal Commission staff on coordinating review of the Land Use Plan policies,overseeing the analysis and preliminary recommendations of the parking study,and engaging additional technical support for the sea level rise analysis.In September 2018,City staff received a complete set of comments from the Coastal Commission on the Land Use Plan policies and have been working since that time to review and respond to those comments on the various coastal topics.In January 2019,IBI Group provided a preliminary parking recommendations study and staff has provided feedback to the consultant who is now working on revising the recommendations and expects to provide a revised draft in late June or early July. LCP-Related Contracts for Technical Support To fulfill the remaining deliverables of the grant agreement within the grant timeframe of December 31, 2019, staff is requesting Council authorize the following amendments and contracts: ·An amendment to the contract with IBI group to extend the contract through December 31,2019 (Attachment 2).At the time the amendment was processed by staff,the term of the agreement should have also been extended from December 31,2018 to December 31,2019 in advance of the expiration of the contract term.Since the contract term was not extended prior to the expiration of the contract,staff is now returning to Council to authorize an extension of the contract term to December 31,2019 to coincide with the terms of the grant agreement. ·A new contract with Climate Access in the amount of $30,000 to prepare sea level rise visualizations and conduct community engagement (Attachment 3).The grant agreement calls for the development of sea level rise visualization tools to support the refinement of sea City of Hermosa Beach Printed on 6/7/2019Page 2 of 4 powered by Legistar™ Staff Report REPORT 19-0365 calls for the development of sea level rise visualization tools to support the refinement of sea level rise policy and the engagement of the community in the identification of potential solutions.Dating back to 2016,staff has kept up with the options for engaging technical support on this task and was initially prepared to engage with a company that combined mounted binocular equipment with sea level rise visualizations and community engagement tools,similar to a project in Santa Monica.With that company no longer pursuing such projects,staff engaged in discussions earlier this year with the Bay Area based non-profit Climate Access and local United States Geological Survey staff to provide a similar sea level rise visualization and engagement tool that also utilizes mobile phone technology to allow expanded engagement opportunities.Climate Access proposes to combine funding from the City with a foundation grant from LUSH Handmade Cosmetics,Ltd.to fulfill the task of the grant agreement for the City. ·A new contract with Wood Environment &Infrastructure Solutions in the amount of $46,990 (Attachment 4).Given the short time remaining on the grant and one of our key staff members out on an extended leave,staff requests Council award a contract to Wood Environment &Infrastructure Solutions to provide staff support on LCP preparation, coordination with Coastal staff,and preparation of the affordable accommodations technical memorandum.Wood has extensive technical expertise in the preparation of Local Coastal Programs,high-caliber work product,and familiarity with Hermosa Beach through its work on the Environmental Impact Report on the Strand + Pier Hotel. City staff continues to meet with Coastal Commission staff on a quarterly basis to discuss progress on the elements of the LCP and other coastal topics as they arise.Staff is confident that the deliverables of the grant agreement can be met within the grant timeframe utilizing the support identified above. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.The pursuit of a certified Local Coastal Program is an integral concept to combining the City’s General Plan and Coastal Land Use Plan into a single cohesive document,PLAN Hermosa.This integration of the Coastal Land Use Plan is described in detail within the Introduction of PLAN Hermosa.PLAN Hermosa also identifies policies within the Governance Element and throughout each element of PLAN Hermosa related to the importance of collaboration and coordination with the Coastal Commission and maximizing public access to the coast. Fiscal Impact: Sufficient funds have been appropriated for Fiscal Year 2018-19 to cover the contract values provided in the two new contracts in addition to the remaining contract with IBI Group. City of Hermosa Beach Printed on 6/7/2019Page 3 of 4 powered by Legistar™ Staff Report REPORT 19-0365 Table 1 – Grant Agreement and Contract Values Grant Agreement $135,899 Total of Contracts $131,569 IBI Group $54,579 Climate Access $30,000 Wood Environment $46,990 Attachments: 1.City of Hermosa Beach Signed Grant Agreement with California Coastal Commission 2.Proposed Contract Amendment with IBI Group 3.Proposed Contract with Climate Access 4.Proposed Contract with Wood Environment and Infrastructure Solutions Respectfully Submitted by: Leeanne Singleton, AICP, Environmental Analyst Concur: Ken Robertson, Community Development Director Noted for Fiscal Impact: Charlotte Newkirk, Accounting Manager Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 4 of 4 powered by Legistar™ City of Hermosa Beach LCP-16-08 Page 1 of 3 EXHIBIT A DEFINITIONS 1. The term “Agreement” means this Grant Agreement. 2. The term “Benchmark” means specific tasks or project deliverables identified in the Project Work Plan as approved by the Commission. 3. The term “Budget Act” means the annual enacted version of the Budget Bill which makes appropriations for the support of the government of the State of California. 4. The term “Chief Deputy Director” means the Chief Deputy Director of the Commission. 5. The terms “Commission” or “Coastal Commission” and the acronym “CCC” all refer to the California Coastal Commission. 6. The term “Executive Director” means the Executive Director of the Commission, or in the event an Executive Director has not been appointed by the Commission, the Acting Executive Director of the Commission. 7. The term “Grant” or “Grant Funds” means the money provided by the State Coastal Conservancy and administered by the Coastal Commission to the Grantee pursuant to this Agreement. 8. The term "Grantee" means an applicant who has a signed agreement for Grant Funds. 9. The term “Grant Manager” means the representative of the Commission given authorization by the Executive Director to administer and provide oversight of the Grant. 10. The term “LCP” refers to Local Coastal Program. 11. The term “Local Coastal Program Local Assistance Grant Program” refers to the Coastal Commission’s grant program to support local governments in planning for sea level rise and climate change, and developing new or updating existing Local Coastal Programs (LCP), consistent with the California Coastal Act. 12. The term “Materials” means all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement and are identified as “deliverables” in the Scope of Work of this grant agreement. 13. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the Project beyond the Grant Funds provided by this Agreement. City of Hermosa Beach LCP-16-08 Page 2 of 3 EXHIBIT A 14. The term “Pooled Money Investment Account” (PMIA) refers to the account through which the State Treasurer invests taxpayers’ money to manage the State’s cash flow and strengthen the financial security of local governmental entities. The rate of interest earned on the Pooled Money Investment Account serves as a benchmark for setting interest rates in several provisions of state law, and is the rate that is used for purposes of this Agreement.1 The current rate is available at: http://www.treasurer.ca.gov/pmia-laif/pmib-program.asp. 15. The term "Project" means the activity described under the Scope of Work, attached as Exhibit B1, to be accomplished with Grant Funds. 16. The term “Project Budget” means the Commission approved cost estimate submitted to the Grant Manager as part of the Work Program. The Project Budget shall describe all labor and material costs of completing each component of the Project. The Project Budget shall contain itemized amounts permissible for each item or task described in Project Scope and Work Plan. The Project Budget must include the set administrative and indirect costs agreed upon by the Parties if applicable. For each project component, the Project Budget shall list all intended funding sources including the Commission’s grant and all other sources of monies, materials or labor. 17. The term “Public Agency” means any State of California department or agency, a county, city, public district or public agency formed under California law. 18. The term “Request for Funds Form” or “RFF Form” means the form that will be submitted requesting payment and which is described in Exhibit C hereto. 19. The term “Round 1” refers to the Commission’s first round of LCP grant funding that commenced in Fiscal Year 2013-2014 under the Local Coastal Program Local Assistance Grant Program. 20. The term “Round 2” refers to the Commission’s second round of LCP grant funding that commenced in Fiscal Year 2014-2015 under the Local Coastal Program Local Assistance Grant Program. 21. The term “Round 3” refers to the Commission’s third and current round of LCP grant funding that commenced in Fiscal Year 2016-2017 under the Local Coastal Program Local Assistance Grant Program. 22. The term “Scope of Work” refers to Exhibit B, including the approved Work Plan, Project Schedule, and Project Budget. 23. The term “Sea Level Rise Guidance” refers to the Coastal Commission’s sea level rise guidance document adopted in August 2015. The document provides an 1 Umbach and Moller 2001. Available: http://www.umbachconsulting.com/discussion/CaShortTerm.pdf. Accessed 19 September 2014. City of Hermosa Beach LCP-16-08 Page 3 of 3 EXHIBIT A overview of best available science on sea level rise for California and recommended steps for addressing sea level rise in Coastal Commission planning and regulatory actions under the Coastal Act. 24. The term “Conservancy” refers to the State Coastal Conservancy. 25. The term “Termination Date” means the date by which all activity for the project must be concluded and all invoices and other reporting requirements must be complete, as specified in the signature page of this Agreement. Work performed after this date cannot be reimbursed. 26. The term “Work Plan” means the description of tasks and related work to be accomplished by the Project. City of Hermosa Beach LCP-16-08 Page 1 of 12 EXHIBIT B1 SCOPE OF WORK 1. Grantee agrees to provide to the Commission project activities as described under the Scope of Work, attached hereto as Exhibit B1. 2. The Project representatives during the term of this agreement will be: 3. Direct all inquiries to: State Agency: California Coastal Commission Grantee: City of Hermosa Beach Name: Madeline Cavalieri, LCP Grant Manager (“Grant Manager”) Name: Sergio Gonzalez, City Manager Address: 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 Address: 1315 Valley Drive Hermosa Beach, CA 90254 Phone: (831) 427-4890 Phone: (310) 318-0216 Fax: (415) 904-5400 Fax: State Agency: California Coastal Commission Grantee City of Hermosa Beach Section/Unit: Statewide Planning Section/Unit: City Manager's Office Name: Carey Batha, LCP Grant Coordinator (“Grant Coordinator”) Name: Leeanne Singleton, Environmental Analyst Address: 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 Address: 1315 Valley Drive Hermosa Beach, CA 90254 Phone: (415) 904-5268 Phone: (310) 318-0252 Fax: (415) 904-5400 Fax: City of Hermosa Beach LCP-16-08 Page 2 of 12 EXHIBIT B1 Project Work Plan, Schedule, and Budget City of Hermosa Beach Project Title: Hermosa Beach: Education, Implementation, and Certification of the LCP Grantee Contact Information: Person Authorized to sign grant agreement and any amendments: Sergio Gonzalez, City Manager 1315 Valley Drive (310)318-0216 Main Project Manager/Point of Contact: Leeanne Singleton 1315 Valley Drive (310)318-0252 | lsingleton@hermosabch.org Federal Employer Identification Number: 95-6000720 Budget Summary: CCC funding: $135,899 Other funding: $60,910 Total project cost: $196,809 Term of Project: Upon Grant Execution or 12/1/16 – 12/30/19 A. PROJECT DESCRIPTION Over the past three years the City has initiated several important and forward-thinking planning processes to define the community vision for the future of Hermosa Beach. These efforts include comprehensive updates to the City’s General Plan – PLAN Hermosa – and Local Coastal Program, both of which had not been substantially updated in nearly 30 years. The City has engaged the community in an extensive dialogue to develop these documents with grants from the Strategic Growth Council, California Coastal Commission, and Coastal Conservancy. All work on the previously funded grants have been completed and contributed to the City’s substantial progress toward a comprehensively updated LCP. Although the tasks associated with the previous FY13/14 Coastal Commission grant were completed by April 2016, the City continues to conduct study sessions and public hearings on PLAN Hermosa. The City Council is committed to completing efforts to adopt PLAN Hermosa and achieve certification of the Local Coastal Program (LCP) as the City Council continues to identify the completion of these documents some of the top management priorities. Upon adoption of PLAN Hermosa, City Staff will work with Coastal Commission Staff to ensure the LUP and the Implementation Plan (IP) meet the intent and objectives of the Coastal Act. The tasks of this Coastal Commission Grant support the City’s efforts to: 1) educate the public and solicit feedback on potential implementation measures, 2) collaborate with Coastal Commission Staff on refinement of the LUP, 3) refine the Implementation Plan to further incorporate recently completed studies, and 4) achieve LCP certification and assume Coastal Development Permit (CDP) authority. City of Hermosa Beach LCP-16-08 Page 3 of 12 EXHIBIT B1 B. TASKS Task 1. Coordinate with Coastal Commission Staff – The City of Hermosa Beach has found significant value in meeting with Coastal Commission South Coast District Staff on a regular basis. The City of Hermosa Beach will continue the practice of meeting with Commission Staff on a bi-monthly or quarterly basis, or more frequently if necessary, over the course of the project to discuss approach to technical studies, review draft work products, and collaborate to identify potential solutions to meet the intent of the Coastal Act. The City of Hermosa Beach anticipates that meetings with Coastal Commission staff will occur as follows:  Task 1.1 Community Engagement Meeting (1)  Task 1.2 Draft LUP Meeting (monthly or as needed based on Task 3)  Task 1.3 Draft IP Meetings (monthly or as needed based on Task 4.2)  Task 1.4 Public Hearing Meeting (1)  Task 1.5 Submissions Meetings (1) Deliverables: Agendas and/or notes and/or Commission staff concurrence with monthly or as needed meetings with Coastal Commission Staff Task 2. Engage the Community in the Draft Plan - Public education regarding the scenarios and potential solutions for sea level rise, affordable accommodations, and efficient parking strategies will be improved and expanded upon based on feedback from the community engagement process. The proposed outreach activities will provide opportunities for the community to provide input on preferred strategies and offer innovative educational tools to immerse participants in sea level rise scenarios.  Task 2.1 Educational series - Community outreach activities will start with a multi-part educational series that highlights the relevant components of the California Coastal Act, the process and benefits of Hermosa Beach achieving certification of the LCP, and the results of the technical studies recently completed related to sea level rise. This educational series will provide the public with a basic foundation of the concepts and process that will be enhanced with opportunities to provide input on potential implementation measures. To increase community participation in the educational series, the presentations may be held in conjunction with other city events or activities and the City will make efforts to record the presentations and make them available online for the community.  Task 2.2 Community engagement event on IP - Once the public draft IP is released to the community for review and input, the City will host a workshop and/or walking tour to present proposed strategies and solicit input from the community. The materials from this phase of outreach will also be translated into online content, allowing for expanded participation and feedback.  Task 2.3 Education/Visualization tools- The final component of community engagement and education will be the creation and installation of visualization kiosks at high activity areas in Hermosa Beach. The kiosks will include the City of Hermosa Beach LCP-16-08 Page 4 of 12 EXHIBIT B1 visualization of sea level rise scenarios in a format that immerses community members into the flood hazard risks of the surrounding area and presents a range of potential solutions. The kiosk will guide participants through the steps, gather feedback on the potential solutions, and allow users to rate their level of concern regarding the future impacts of sea level rise. The results of all outreach activities will be summarized and presented to the City’s Planning Commission, City Council, and Coastal Commission for consideration in the study sessions and adoption proceedings related to the IP. Deliverables: City will provide agendas, materials, presentations, and su mmaries from each event; City will provide all data and information collected from the educational kiosks Task 3. Technical studies. To support refinements to the draft IP and/or LUP, the City will integrate the results from recently completed or ongoing studies (infrastructure vulnerability, shoreline change modeling) and conduct additional analysis related to visitor accommodations, sea level rise, and efficient parking management. This additional analysis will also be utilized in the community engagement events to facilitate input and feedback.  Task 3.1 Sea Level Rise – The City’s study of infrastructure vulnerable to sea level rise completed in March 2016, along with the USC Sea Grant Team’s updated flood extent and shoreline position scenarios from the Coastal Storm Modeling System (CoSMoS) provided in February 2016 and results of field surveys conducted in March 2016 to measure and model beach widths along the Santa Monica Bay, will be utilized in this task to create more detailed mechanisms to model, monitor, and mitigate the adverse effects of sea level rise and climate change consistent with the Coastal Commission’s 2015 Sea Level Rise Policy Guidance and the recommended climate change preparedness actions and principles in the Safeguarding California Plan for Reducing Climate Risk, and ensure coastal projects and CDP applicants have the tools and guidance necessary to address the effects of sea level rise. This task will involve revising the Sea Level Rise Issue Paper prepared by the City of Hermosa Beach under the Round 1 LCP grant to incorporate the new modeling and incorporate additional information related to: the Strand Wall permit history; vulnerability of the sandy beach, including expe cted changes to beach width over time caused by various sea level rise scenarios; sediment management options; and the effectives of those sediment management options under various sea level rise scenarios. The City will coordinate with other jurisdictions and entities working on sea level rise in the region to the extent feasible, and shall coordinate with Coastal Commission staff during the scoping and review stages of this subtask.  Task 3.2 Parking Management - On the topic of parking management, the City will combine the previously completed parking utilization study, with proposed parking strategies from the Downtown Core Revitalization Strategy, the City Facilities Master Plan currently underway, and the effect of parking City of Hermosa Beach LCP-16-08 Page 5 of 12 EXHIBIT B1 policies and multimodal enhancements proposed under PLAN Hermosa (or as refined during the future development and adoption of PLAN Hermosa) to evaluate future parking availability and demand. This will include a review of the City’s current parking standards for various uses, identify peak use times, including for beaches and other public recreational areas, and survey businesses and LA County Lifeguard office to determine existing parking availability and demand. This study will form the basis to establish or revise parking standards within the Coastal Zone that balance coastal access while efficiently utilizing the City’s limited land resources. The results of this study will be summarized in a technical memo and include recommended parking standards and/or fee rates for various uses within the Coastal Zone and specifically the Downtown Core. The City will coordinate with Coastal Commission staff during the scoping and review stages of this subtask.  Task 3.3 Affordable Accommodations - To better facilitate the provision of affordable accommodations, the City will build upon previously completed analysis of the existing inventory to identify specific projects and strategies to preserve existing affordable accommodations and to support or enhance the provision of affordable accommodations and calculate the appropriate rate for in-lieu fees in the event on-site lower-cost accommodations cannot be provided with future hotel projects or in conjunction with the loss of existing inventory. The City will coordinate with Coastal Commission staff during the scoping and review stages of this subtask. At a minimum, the Affordable Accommodations subtask will include: o Inventory of Overnight Accommodations  Update the inventory of existing visitor serving overnight accommodations within the City (within and near the Coastal Zone) to include hotels (including independent and/or family run hotels), hostels and/or campgrounds, and short term vacation rentals.  Develop an up-to-date inventory of regional lower cost overnight accommodations that are outside the City’s jurisdiction, but likely serve City visitors, including campgrounds, tent cabins, hostels, and lower cost hotels/motels.  The inventory will include occupancy rates and average daily room rates for all overnight accommodations if available, or for a representative sample of the accommodations. o Report on Overnight Accommodations,  Determine a locally and/or regionally appropriate definition of lower, moderate, and higher cost overnight accommodations.  Evaluate whether existing overnight accommodations are lower, moderate or higher cost accommodations. City of Hermosa Beach LCP-16-08 Page 6 of 12 EXHIBIT B1  Evaluate opportunities for new or expanded lower cost overnight accommodations that could serve City visitors (such facilities could be inside or outside the City boundary).  Evaluate policy options that would facilitate preservation and development of such lower cost overnight accommod ations. This evaluation effort will also include review of financing opportunities such as business improvement funds, tax incentives, TOT revenues or others to assist with maintenance and improvements to existing lower cost facilities, to reduce developm ent pressure to demolish and rebuild such facilities. Deliverables: Revised Sea Level Rise Issue Paper; Technical memo on Parking Recommendations; Revised technical memo on Affordable Accommodations and in- lieu fee rate Task 4. Draft LUP (finalization of IP standard of review) – In order to provide a standard of review for the Draft IP and streamline Task 4, City and Coastal Commission staff will complete the ongoing iterative review of the LUP document. The results of the Task 3 technical studies shall inform the development of the LUP, as appropriate.  Task 4.1 Coastal Commission staff line edits (deliver sections of edits as they become available). Following City Council action on PLAN Hermosa, City Staff will work with Coastal Commission staff to identify necessary line edits to the LUP to meet the intent of the Coastal Act and provide sufficient detail to serve as the standard of review for the IP. This coordination includes meetings between City and Commission staffs as necessary.  Task 4.2 City incorporates line edits. Following the events described in Task 4.1, the City will consider Coastal Commission staff line edits and revise the document as necessary to address the identified issues. City staff will also incorporate the results of the technical studies (Task 3) as appropriate. This coordination includes meetings between City and Commission staffs as necessary.  Task 4.3 Coastal Commission staff reviews revised LUP. City Staff will provide Coastal Commission staff with an opportunity to review the revised LUP with line edits and any new policies based on technical studies incorporated into the document prior to finalizing for consideration by the City Council and any appropriate commissions (Task 4.4)  Task 4.4 City presents LUP (as amended) to City decision-makers for consideration. City Staff will present any revisions to the LUP to the appropriate commissions and City Council for consideration and finalization of the LUP for formal submission to the Coastal Commission. Deliverables: Draft LUP with Coastal Staff line edits incorporated as appropriate. City of Hermosa Beach LCP-16-08 Page 7 of 12 EXHIBIT B1 Task 5. Refine the Draft Implementation Plan – The incorporation of specific technical studies will strengthen the policies and standards established and refined in the Draft IP. The City anticipates preparing two drafts of the IP during this task of the project – one to solicit public input and review from the community, Planning Commission and City Council and a second draft to incorporate public comments and input prior to presenting the IP to the City Council for adoption. Additionally, as part of the Draft IP refinement, the City may initiate a targeted amendment to the LUP to address Sea Level Rise if warranted by the findings of the technical analyses as determined by the Coastal Commission’s Grant Coordinator.  Task 5.1 Develop Public Review Draft IP - The City will incorporate input from Coastal Commission Staff, the community engagement events, and results of the additional technical analysis to create the Public Review Draft IP. This subtask includes public review. The City will notify the community of the draft and provide multiple platforms for the community to provide input on the Draft IP. During the development of the document, City staff will engage in iterative review with Coastal Commission staff, following the approximate order as follows (topics subject to change order, may overlap, and includes collaborative review by Coastal Staff of different topics – approximately 1 month for City Staff to prepare each section, 1 month for Coastal Staff review, and 1 month for City and Coastal Staff refine/modify each section):  Public Access, Recreation and Visitor Serving Facilities  Water Quality Protection, Environmentally Sensitive Habitats and Natural Resources  Scenic and Visual Resources  Parking Standards, Affordable Accommodations  Coastal Hazards, Sea Level Rise, Shoreline Erosion  Local CDP Requirements/Procedures  Task 5.2 Revise Draft LUP for Sea Level Rise, Parking, and Affordable Accommodations (if deemed necessary by the Commission’s Grant Manager) - As part of the Draft IP refinement, the City will initiate a targeted amendment to the LUP to address Sea Level Rise, Parking, and Affordable Accommodations if warranted by the findings of the technical analyses and if the results cannot be incorporated into the LUP during Task 2 (as determined by the Coastal Commission’s Grant Manager), refinements to the IP, or by other technical analyses available to the City, including the Assessment of Infrastructure Vulnerability to Sea Level Rise.  Task 5.3 Local Hearing Draft IP - The City will utilize community input and initial direction from the Planning Commission and City Council on the Public Review Draft IP to create a Hearing Draft IP to present to the Planning Commission and City Council for adoption. Deliverables: Targeted LUPA (if necessary); City will provide each section of the draft IP (by topic) as well as a Public Review and Hearing Draft version of the IP. City of Hermosa Beach LCP-16-08 Page 8 of 12 EXHIBIT B1 Task 6. Conduct Local Public Hearings - Given that each City commission plays a critical role to enhancing access to the coast, the City will conduct a joint study session with the City’s Commissions – Planning, Parks and Recreation, Public Works, and Emergency Preparedness – to introduce the draft LCP and kickoff community review of the document. A study session with the City Council will also be conducted shortly thereafter prior to revising the draft LCP and conducting public hearings and adoption proceedings on the final LCP.  Task 6.1 - The City will conduct at least one study session with the Planning Commission (and other commissions if relevant) to provide an overview and collect initial direction on the Draft LCP.  Task 6.2 - The City will conduct at least one study session with the City Council (and other commissions if relevant) to provide an overview and collect initial direction on the Draft LCP.  Task 6.3 - Upon completion of the public review period, the City will presen t the Hearing Draft LCP to the Planning Commission to provide a recommendation to the City Council.  Task 6.4 - Following Planning Commission recommendation on the Hearing Draft LCP, the City Council will conduct a public hearing and consider conditionally adopting the LCP and providing direction to staff to submit the LCP to the Coastal Commission. Deliverables: City will provide agendas, materials, presentations, and summaries for each meeting. Task 7. Submit LCP to Coastal Commission - Upon adoption by the Hermosa Beach City Council, City staff will prepare and submit the necessary materials to the Coastal Commission to review and consider certification of the Hermosa Beach LCP (LUP and IP). The adopted LUP will be submitted for certification at the same time as the IP. Should the Coastal Commission provide suggested changes to the LCP prior to certification in order to resolve remaining outstanding issues, Hermosa Beach will continue coordinating with Commission staff by reviewing and considering all proposed changes, and providing suggested revisions as necessary. The purpose of this coordination shall be for the Commission and City staff to discuss potential areas of disagreement and, to the extent feasible, develop consensus and coll aboratively develop modifications that may either be: (1) incorporated by the City into their submittal (pursuant to an amendment, if necessary, to the City’s action to adopt the LUP and/or IP) or (2) used to develop the suggested modifications by Commissi on staff for certification of the LUP and IP by the Commission.  Task 7.1 - Following adoption of the LCP by City Council, the City will incorporate any revisions and submit materials to the Coastal Commission for consideration.  Task 7.2 (Outside grant term) - The City will prepare for and participate in Coastal Commission meetings in which the City's IP is being considered. City of Hermosa Beach LCP-16-08 Page 9 of 12 EXHIBIT B1  Task 7.3 (Outside grant term) - Should the Coastal Commission identify modifications to the IP, the City will review, and present proposed changes to the City Council for consideration.  Task 7.4 (Outside grant term) - Should modifications be proposed by the Coastal Commission, the City will participate in any subsequent hearings in which the IP is being re-considered. Deliverables: - City will submit LCP for consideration by Coastal Commission Task 8. Prepare Post-Certification Materials (Outside grant term) – Post- certification, the City will initiate training with staff and prepare materials to assume the responsibility of issuing Coastal Development Permits (CDPs) in accordance with the LCP and the Coastal Act. The City will prepare an application checklist and educational brochures to facilitate the application for and issuance of CDPs. This task includes City coordination with the Coastal Commission GIS/Mapping Unit to provide data to support the development of post-certification maps (map development will be led by the Coastal Commission). The City will prepare and adopt appropriate application fees to recover costs associated with reviewing and issuing CDP’s. Proper training and materials will contribute to a streamlined transition to local permit issuance, reducing the potential for complaints and appeals to the Coastal Commission.  Task 8.1 - Upon certification of the LCP, the City will coordinate with the Coastal Commission's Mapping/GIS Program Staff to provide necessary data for the Post Certification Map to be prepared by Coastal Commission Staff.  Task 8.2 - Upon certification of the LCP, the City will prepare the necessary checklists, brochures, and application materials to support the issuance of Coastal Development Permits locally.  Task 8.3 - To facilitate the successful transition of CDP authority, the City will conduct a training session with City staff from multiple departments on the permit process. This training will ensure those working on projects, events, or private development projects within the Coastal Zone are familiar with the new procedures. SCHEDULE *A “Begin date” of “12/1/16” is either 12/1/16 or the Grant Execution Date, whichever is later. Task 1. Coordinate with Coastal Commission Staff 5/1/2017 12/30/2019 1.1 Community Engagement Meeting (1) 5/1/2017 9/30/2017 1.2 Draft LUP Meetings (monthly or as needed based on Task 3) 5/1/2017 12/31/2017 1.3 Draft IP Meetings (monthly or as needed based on Task 4.) 1/1/2018 12/31/2018 1.4 Public Hearing Meeting (1) 1/1/2019 9/30/2019 1.5 Submissions Meetings (1) 10/1/2019 12/30/2019 Outcome/Deliverables: City of Hermosa Beach LCP-16-08 Page 10 of 12 EXHIBIT B1 - Agendas and/or notes and/or Commission staff concurrence with monthly or as needed meetings with Coastal Commission Staff Task 2. Engage the Community in the Draft Plan 1/1/2017 11/31/2018 2.1 Educational Series 5/1/2017 6/30/2018 2.2 Community Engagement Event on IP 9/1/2018 11/31/2018 2.3 Educational/Visualization Tools 5/1/2017 6/30/2018 Outcome/Deliverables: - City will provide agendas, materials, presentations, and summaries from each event - City will provide all data and information collected from the educational kiosks Task 3. Technical studies 5/1/17* 6/30/18 Technical Studies  3.1. Sea Level Rise  3.2. Parking Management  3.3. Affordable Accommodations (For each study, coordinate with CCC near “begin date,” and provide draft deliverables for CCC review within 2 months of “end” date. CCC staff will provide comments within 1 months of “end” date for incorporation into the final deliverable.) 5/1/2017*  5/1/17*  5/1/17*  5/1/17* 6/30/2018  6/30/2018  6/30/2018  6/30/2018 Outcome/Deliverables: - Revised Sea Level Rise Issue Paper - Technical memo on Parking Recommendations - Revised technical memo on Affordable Accommodations and in-lieu fee rate Task 4. Draft LUP (finalization of IP standard of review) 5/1/2017 3/31/18 4.1 Coastal Commission staff line edits (deliver sections of edits as they become available) 5/1/2017 12/31/17 4.2 City incorporates lines edits and incorporates new policies as needed based on technical studies (Task 3) 5/1/2017 12/31/17 4.3 Coastal Commission staff reviews revised LUP, including new policies based on technical studies 11/1/17 12/31/17 4.4 City presents LUP (as amended) to City decision- makers for consideration. 1/1/18 3/31/18 Outcome/Deliverables: - Finalize Draft LUP with Coastal Commission line edits incorporated as appropriate. Task 5. Refine the Draft Implementation Plan 12/1/2017* 6/30/2019 5.1 Develop Public Review Draft IP (topics subject to change order, may overlap, and includes collaborative review by Coastal Staff of different topics – approximately 1 month for City Staff to prepare each section, 1 month for Coastal Staff review, and 1 month for City and Coastal Staff refine/modify each section, as follows:)  Public Access, Recreation + Visitor Serving Facilities  Water Quality Protection, Environmentally Sensitive Habitats and Natural Resources  Scenic and Visual Resources  Parking Standards, Affordable Accommodations 12/1/2017  12/1/17  3/1/18  4/1/17  7/1/18 3/31/2019  3/31/19  5/31/17  6/30/18  6/30/18 City of Hermosa Beach LCP-16-08 Page 11 of 12 EXHIBIT B1  Coastal Hazards, Sea Level Rise, Shoreline Erosion  Local CDP Requirements/Procedures  Conduct public review  9/1/18  11/1/18  1/30/19  11/30/18  1/30/19  3/31/19 5.2 Revise Draft LUP for Sea Level Rise, Parking, and Affordable Accommodations (if deemed necessary by the Commission’s Grant Manager) 6/30/2018 9/31/2018 5.3 Prepare Local Hearing Draft IP 4/1/2019 6/30/2019 Outcome/Deliverables: -Target LUPA (if necessary) - Section by section submission of the Draft IP for iterative review - Public Review and Hearing Draft version of the IP Task 6. Conduct Local Public Hearings on LCP 7/1/2019 9/30/2019 6.1 Planning Commission Study Session(s) (overview and initial direction of LCP) 7/1/2019 8/31/2019 6.2 City Council Study Session(s) (overview and initial direction of LCP) 7/1/2019 8/31/2019 6.3 Planning Commission Public Hearing(s) (Hearing Draft LCP) 8/1/2019 9/30/2019 6.4 City Council Adoption Hearing(s) 8/1/2019 9/30/2019 Outcome/Deliverables: - Agendas, materials, presentations, and summaries for each meeting. Task 7. Submit LCP to Coastal Commission 10/1/2019 12/30/2019 7.1 Prepare and Submit Adopted IP (Adopted LUP should be submitted at same time as IP) 10/1/2019 12/30/2019 Outcome/Deliverables: - Submittal of IP for consideration by Coastal Commission Outside grant term: 7.2 Coastal Commission Hearing(s) 7.3 Incorporate Suggested Modifications 7.4 Coastal Commission Hearing(s) Task 8. Prepare Post-Certification Materials (Outside grant term) 8.1 Post-Certification Map 8.2 Local CDP Application + Educational Materials 8.3 Staff CDP Training C. BENCHMARK SCHEDULE ACTIVITY COMPLETION DATE Draft LUP (Task 4) 3/31/2018 Complete Issue-Specific Technical Studies (Task 3) 6/30/2018 Refine Draft IP by Topic with Coastal Commission Staff (Task 5) 6/30/2019 Conduct Local Public Hearings (Task 6) 9/30/2019 Submit Package to Coastal Commission (Task 7) 12/30/2019 City of Hermosa Beach LCP-16-08 Page 12 of 12 EXHIBIT B1 D. BUDGET CCC Grant Total In-Kind Funding Total LABOR COSTS[1] City Staff Labor Task 1. Coordinate with Coastal Commission Staff $13,563 $2,280 $15,843 Task 2. Engage the Community in the Draft Implementation Plan Strategies $20,695 $4,615 $25,310 Task 3. Technical Studies $12,892 $10,739 $23,631 Task 4. Draft LUP (IP Standard of Review) $10,323 $5,806 $16,129 Task 5. Refine the Draft Implementation Plan $12,434 $6,840 $19,274 Task 6. Conduct Local Public Hearings $7,572 $4,677 $12,249 Task 7. Submit Package to Coastal Commission $5,917 $1,952 $7,869 Task 8. Prepare Post-Certification Materials $0 $0 $0 Total Labor Costs $83,396 $36,909 $120,305 DIRECT COSTS City Staff Project Supplies Supplies (document printing, workshop supplies) $2,003 $2,003 Visualization Kiosk Equipment $24,000 $24,000 Total $2,003 $24,000 $26,003 City Staff Travel In State[2] Mileage $500 $500 Total $500 $500 Consultants[3] Consultant A Task 1. Coordinate with Coastal Commission Staff $6,691 $6,691 Task 2. Engage the Community in the Draft Implementation Plan Strategies $8,738 $8,738 Task 3. Technical Studies $27,718 $27,718 Task 4. Draft LUP (IP Standard of Review) $0 $0 Task 5. Refine the Draft Implementation Plan $2,021 $2,021 Task 6. Conduct Local Public Hearings $4,607 $4,607 Task 7. Submit Package to Coastal Commission $0 $0 Task 8. Prepare Post-Certification Materials $0 $0 Surveys, Meeting Supplies, Travel, Printing $225 $225 Total $50,000 $50,000 Total Direct Costs $52,503 $24,000 $76,503 OVERHEAD/INDIRECT COSTS[4] Total City Staff Overhead/Indirect Costs $0 $0 TOTAL PROJECT COST $135,899 $60,909 $196,808 [1] Amount requested should include total for salary and benefits. [2] Travel reimbursement rates are the same as similarly situated state employees. [3] All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws. [4] Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for “To tal Labor.” City of Hermosa Beach LCP-16-08 Page 1 of 2 EXHIBIT C BUDGET DETAIL AND PAYMENT PROVISIONS 1. Request for Funds A. For services satisfactorily rendered during the term of this Agreement and upon receipt and approval of the Request for Funds Form described below (also referred to as the “RFF Form”), the Commission agrees to reimburse Grantee for actual expenditures incurred in accordance with the rates specified herein or attached hereto. B. Grantee shall submit each RFF form, in triplicate, no more frequently than monthly (except as requested by the Commission) but no less frequently than quarterly (assuming activity occurred within that quarter). RFF forms shall be submitted in arrears to: California Coastal Commission Attn: Daniel Nathan, Statewide Planning Division 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 C. Each RFF form shall contain the following information: 1. Grantee’s name and address as shown in this Agreement. 2. Date of the RFF form. 3. Time period covered by the RFF form during which work was actually done. 4. Agreement number as shown on this Agreement. 5. Original signature of the Grantee, specifically the Project Representative, as identified in Exhibit B. 6. Itemized costs by tasks and source of funds as listed in the scope of work for the billing period in the same or greater level of detail as indicated in the Project Budget (see Exhibit B1), with supporting documentation. Only those costs and/or cost categories expressly identified in this Agreement may be reimbursed. 7. Remaining balance listed by task number from the Scope of Work (see Exhibit B1) including the cumulative expenditures to date, the expenditures during the reporting period, and the unexpended balance of funds under this Agreement. D. Attached to the RFF form, the Grantee shall submit a supporting progress report summarizing the work that was completed during the invoice period and the current status of the work for which disbursement is sought, including work by any consultant, and comparing it to the status required by the Scope of Work (budget, timeline, tasks, etc.). E. Notwithstanding the foregoing, the Grant Manager of the Commission may request and the Grantee shall provide receipts or other source documents for any other direct expenditure or cost as described in the RFF form, as and when necessary to resolve any issue concerning reimbursement. City of Hermosa Beach LCP-16-08 Page 2 of 2 EXHIBIT C F. The Grantee’s failure to fully execute and submit a RFF form, including attachment of supporting documents, may relieve the Commission of its obligation to disburse funds to the Grantee unless and until the Grantee corrects all deficiencies. G. Any RFF form that is submitted without the required itemization and documentation will be considered “disputed” and will not be authorized. If the RFF form package is incomplete, inadequate or inaccurate, the Commission will inform the Grantee via phone and also with an Invoice Dispute Notification (STD. 209) and will withhold payment until all required information is received or corrected. Any penalties imposed on the Grantee by a consultant, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement. H. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the Commission must occur within the term of the Grant Agreement and before the Termination Date. I. Grantee must report to the Commission in the Project Budget all sources of other funds for the Project, including Matching Funds identified in the Grant Application. J. The Grantee shall expend Grant Funds in the manner described in the Work Program approved by the State. Expenditure on items contained in the approved Project Budget may vary by as much as ten percent with prior approval by the Commission Grant Manager, provided the grantee submits a revised Project Budget for the purpose of amending the Project Budget. In any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement and only if approved by the Commission. 2. Budget Contingency Clause A. It is mutually agreed that if the final Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the Local Coastal Program Local Assistance Grant Program this Agreement shall be of no further force and effect, and the Commission shall have no liability to pay any funds whatsoever to Grantee or to furnish any other consideration under this Agreement and Grantee shall not be obligated to continue performance under the provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Local Coastal Program Local Assistance Grant Program the Commission shall have the option at its sole discretion to either cancel this Agreement with no liability accruing to the Commission or enter into an agreement amendment with Grantee to reflect the reduced amount. City of Hermosa Beach LCP-16-08 Page 1 of 4 EXHIBIT D GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties. Grantee may not commence performance until such approval has been obtained. 2. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the Commission in the form of a formal written amendment. 3. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all consultants, subconsultants, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement. 4. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. 5. INDEPENDENT CONTRACTOR: Grantee, and the agents and employees of Grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 6. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee and its consultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and consultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and consultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its consultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. City of Hermosa Beach LCP-16-08 Page 2 of 4 EXHIBIT D 7. CERTIFICATION CLAUSES: The GRANTEE CERTIFICATION CLAUSES contained in the document GCC-1015 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 8. TIMELINESS: Time is of the essence in this Agreement. 9. COMPENSATION: The consideration to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 10. GOVERNING LAW : This agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 11. ANTITRUST CLAIMS: The Grantee by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Grantee shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Se ction 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agree s that if the bid is accepted, it will assign to the purchasing body 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. Sec. 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, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. City of Hermosa Beach LCP-16-08 Page 3 of 4 EXHIBIT D d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 12. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 13. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 14. PRIORITY HIRING CONSIDERATIONS: If this Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacanci es in positions funded by the Agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 15. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Agreement Grantee made a commitment to achieve small business participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Agreement Grantee made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Grantee received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all payments under the Agreement have been made City of Hermosa Beach LCP-16-08 Page 4 of 4 EXHIBIT D to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 16. LOSS LEADER: If this agreement involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) City of Hermosa Beach LCP-16-08 Page 1 of 10 EXHIBIT E SPECIAL TERMS AND CONDITIONS 1. ACKNOWLEDGEMENT In order to acknowledge the Commission’s and the Conservancy’s support of the project, the Commission’s and the Conservancy’s name and logo shall be included in a prominent location in all published materials and final reports related to the LCP Grant Project, including, but not limited to, Grantee reports or website postings about the grant program, vulnerability assessments, adaptation plans, land use plans and implementation plans. Less formal materials, such as stakeholder participation rosters and outreach agendas, do not need to include acknowledgment of Commission or Conservancy support. The Grantee shall state the Commission’s and the Conservancy’s support in its project- related press releases, contacts with the media, and social media postings, and on its website. The Grantee shall include in any agreement with any consultant or subconsultant under the LCP Grant Program terms that preserve the rights, interests, and obligations created by this section, and that identify the Commission and the Conservancy as third-party beneficiaries of those provisions. The Commission and the Conservancy shall have the right to republish any material generated as a result of this Agreement. 2. PROJECT EXECUTION A. Grantee shall complete the Project before the Termination Date. B. Subject to the availability of funds, the Commission hereby grants to the Grantee the sum $135,899 (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement. C. Prior to the commencement of any Project work, Grantee agrees to submit in writing to the Commission for prior approval any deviation from the original Scope of Work pursuant to Exhibit B1. Changes in the Scope of Work must continue to ensure timely and effective completion of a new or updated Local Coastal Program for certification by the Commission. Any modification or alteration in the Scope of Work on file with the Commission must be submitted to the Commission for approval. Changes to the Scope of Work shall require an amendment to this Agreement (see “Amendments” below). D. Grantee shall furnish any and all additional funds that may be necessary to complete the Project. E. Grantee shall ensure that Project work excludes any and all Project work that was funded through previously awarded grants or the matching funds identified through previously awarded grants so as to ensure that current grant funding is not duplicative of previous grant funding. Such grants include, but are not limited to, LCP Grants previously awarded by the Coastal Commission, grants awarded by the Ocean Protection Council, and grants awarded by the Conservancy. F. Grantee shall complete the Project and the invoicing and reporting requirements before the Termination Date unless an extension has been granted by the Commission in writing. Extensions may be requested in writing prior to the Termination Date and will be considered by the Commission at its sole discretion. City of Hermosa Beach LCP-16-08 Page 2 of 10 EXHIBIT E G. Grantee certifies that the Work Program does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, California Coastal Act, health and safety codes, and disabled access laws. H. Commission staff will be available to support the development of the Project through regular coordination and assistance. Commission staff support includes regular coordination meetings, timely review of deliverables, and participation in stakeholder advisory groups, as feasible, to ensure timely and successful completion of the Project. 3. POTENTIAL CONSULTANTS Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Commission and any consultants, and no contract shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible for the acts and omissions of its consultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its consultants is an independent obligation from the Commission’s obligation to make payments to the Grantee. As a result, the Commission shall have no obligation to pay or to enforce the payments of any moneys to any consultants. The Grantee agrees to include in any agreement with any consultant and/or subconsultant under the LCP Grant Project terms that preserve the rights, interests, and obligations for the benefit of the Commission and the Conservancy within Exhibit D (“General Terms and Conditions”) and Exhibit E (“Special Terms and Conditions”) of this Grant Agreement. If all or any part of the Project to be funded under this Agreement will be performed by third parties under contract with the Grantee, then the Grantee should, prior to executing an agreement for services, seek the approval of the Grant Manager on the selection of the third party. Grantees seeking consultants to perform grant-related tasks and services shall select all consultants pursuant to a bidding and procurement process that complies with all applicable laws. 4. TRAVEL REIMBURSEMENT The Commission will reimburse travel and related expenses at actual costs not to exceed the State rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations. Grantees may seek reimbursement for any travel expenses that are in excess of these state rates, but only if the Grantee has received prior written approval of the Commission’s Chief Deputy Director or his/her designee permitting the expenses in excess of state rates on the basis that state rates were not reasonably available. Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for unrepresented state employees as of the date the cost is incurred. Receipts will be required for all travel related reimbursements. All travel costs are inclusive within the budgeted amount referenced in this Agreement. City of Hermosa Beach LCP-16-08 Page 3 of 10 EXHIBIT E 5. PROPERTY PURCHASED The Grantee agrees to continue using property purchased under this Agreement for the purposes outlined in this Agreement or similar activities until it is fully consumed (i.e. is either fully distributed, damaged, worn-out, or becomes obsolete). 6. SETTLEMENT OF DISPUTES If the Grantee believes that there is a dispute or grievance between Grantee and the Commission arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue with the Commission’s Grant Manager. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures: If the issue cannot be resolved directly with the Grant Manager, the Grantee shall submit, in writing, a grievance report together with any evidence to the Chief Deputy Director of the Commission. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Within ten (10) days after receipt of the grievance report, the Chief Deputy Director, or its designee, shall meet in person or via phone with the Grantee and the Grant Manager for purposes of resolving the dispute. The decision of the Chief Deputy Director following such a meeting shall be final. 7. TERMINATION Except as otherwise set forth in this Agreement, this Agreement may be terminated or suspended (a) by the Commission for any reason upon thirty (30) days prior written notice to the Grantee, (b) by Grantee for any reason upon thirty (30) days prior written notice to the Commission subject to the approval of the Commission in its sole discretion, and (c) immediately upon written notice by either party “for cause”. The term “for cause” shall mean that either the Grantee or the Commission fails to meet any material terms, conditions, and/or responsibilities of the Agreement. In the event of a termination or suspension, the Grantee shall immediately stop work and take all reasonable measures to prevent further costs requiring reimbursement by the Commission. The Commission shall then only be responsible for any reasonable and non - terminable obligations incurred by the Grantee in the performance of this Agreement prior to the date of the notice to terminate or suspend, but not to exceed the balance of the total funds which remains unencumbered under this Agreement at the time of termination. In the event of such termination or suspension, the Commission may proceed with the work in any manner deemed proper by the Commission. All costs to the Commission shall be deducted from any sum due the Grantee under this Agreement and the balance, if any, shall be paid to the Grantee upon request consistent with the terms of this Agreement. On or before the date of termination of this Agreement, whether terminated by the Grantee or the Commission, the Grantee shall provide the Commission with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this Agreement (whether completed or partial), in appropriate, readily useable form. City of Hermosa Beach LCP-16-08 Page 4 of 10 EXHIBIT E The Grantee expressly agrees to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement. The Grantee shall include in any agreement with any consultant retained for work under this Agreement a provision that entitles the Grantee to immediately suspend or terminate the agreement with the consultant for any reason on written notice. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the Termination Date, the Grantee shall be liable for immediate repayment to the Commission of all amounts disbursed by the Commission under this Agreement, plus accrued interest (rate as set forth by the current Pooled Money Investment Account) and any further costs related to the Project. The Commission may, at its sole and absolute discretion, consider extenuating circumstances with regard to Grantee’s repayment obligations hereunder. This paragraph shall not be deemed to waive or limit any remedies available to the Commission for breach of this Agreement. Notwithstanding the foregoing, Grantee acknowledges (and waives any defense based on a claim) that monetary damages may not be an adequate remedy to redress a breach by Grantee hereunder and that a breach by Grantee hereunder may cause irreparable harm to the Commission. Accordingly, Grantee agrees that upon a breach of this Agreement by Grantee, the remedies of injunction, declaratory judgment and specific performance shall be available to the Commission. 8. WAIVER AND RELEASE Grantee hereby waives all claims and recourses against the Commission, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except for claims for reimbursement of costs due under this Agreement, recovery of which shall be limited to the total amount properly incurred hereunder and in no event exceed the total amount of Grant Funds provided for hereunder. Grantee acknowledges that it is solely responsible for its compliance with the terms of this Agreement. 9. REIMBURSEMENT Complete reimbursement of Task funds under this Agreement will be dependent upon successful completion of the Task deliverable(s) of this Agreement. Grantee agrees that up to 20% of each Task and the total Task Budget hereunder may not be reimbursable until each Task and all final Task deliverables have been completed, delivered by the Grantee to Commission Staff, and accepted by the Commission’s Grant Manager. 10. AMENDMENTS This Agreement may only be amended by mutual agreement in writing between Grantee and the Commission. Any request by the Grantee for an amendment must state the amendment request and reason for the request and shall be submitted in writing, such as City of Hermosa Beach LCP-16-08 Page 5 of 10 EXHIBIT E by email or letter. The Grantee shall strive to make requests immediately upon discovering that an amendment may be needed. No oral understanding or agreement not incorporated into the Agreement in writing is binding on the parties. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Scope of Work approved by the Commission. In any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement. With the exception of adjustments as discussed above, any subsequent changes or additions to the Work Plan approved by the Commission in writing are hereby incorporated by reference to this Agreement as though set forth in full in this Agreement. 11. REALLOCATION OF FUNDS If Grantee fails to meet the performance criteria and Benchmarks in this Agreement, the Executive Director or his designee may immediately upon written notice cancel this Agreement, and upon Commission approval, re-allocate any unspent funds to one or more of the other approved Grantees that needs additional funding or whose grant was not fully funded. Should a Grantee not need the full amount of funds awarded by the Commission, they shall notify the Grant Manager as soon as possible so that any remaining allocated but unspent funds may be redistributed, as feasible. In addition, should Grantee fail to enter into an agreement necessary for its performance hereunder in a timely manner, the Executive Director or his designee may, upon Commission approval, reallocate funds to supplement an already awarded grant. 12. DIGITAL AND PAPER SUBMITTAL OF LCPS Prior to the Executive Director’s determination and reporting of certification pursuant to Section 13544 of the California Code of Regulations of a grant -funded LCP project, grantees shall submit LCP documents (text, maps and exhibits) in paper hardcopy as well as an electronic copy in permanent format (such as an Adobe Acrobat .pdf file) and one electronic copy in an editable, useable format (such as in Microsoft Word .doc). 13. COASTAL COMMISSION SEA LEVEL RISE GUIDANCE Grantees shall use the Commission’s Sea Level Rise Policy Guidance document5 to inform the development of sea level rise impact assessments, vulnerability assessments, and LCP Land Use Plan and Implementation Plan completion or updates. 14. VULNERABILITY ASSESSMENTS In addition to the general recommendations contained within the Commission’s Sea Level Rise Policy Guidance, and unless otherwise provided in the Scope of W ork of this Agreement, Vulnerability Assessments shall include: (1) storm and non -storm scenarios, including maximum daily and annual tidal inundation, (2) assessment of sea level rise vulnerability with and without key development that is currently vulnerable and/or protected by a revetment, such as Highway 1, railroad tracks, and/or a row of residences, City of Hermosa Beach LCP-16-08 Page 6 of 10 EXHIBIT E (3) anticipated changes in beach width under future sea level rise scenarios, (4) evaluation of the feasibility and effectiveness of sediment management and beach nourishment, and (5) evaluation of sea level rise vulnerability of existing and planned segments of the California Coastal Trail. These scenarios and topics should be modelled or quantitatively analyzed where feasible and applicable, or at a minimum thoroughly discussed in a qualitative manner. 15. COORDINATION OF SEA LEVEL RISE PLANNING WORK Sea level rise work completed under the Local Coastal Grant Program shall be coordinated regionally to the extent feasible with other jurisdictions and entities working on sea level rise projects within the same county or broader regional area relevant for sea level rise adaptation, such as the watershed, littoral cell, or area with similar geologic characteristics. Coordination includes early coordination meetings among the different entities, sharing of technical analyses and lessons learned, and consideration of regional adaptation policies. 16. SAFEGUARDING CALIFORNIA PLAN ACTIONS AND PRINCIPLES Grant-funded work shall also be guided by the Safeguarding California Plan for Reducing Climate Risk’s recommended climate change preparedness actions and principles,6 as listed below, and as described in the adopted 2014 Ocean Protection Council Resolution to support implementation of the Safeguarding Plan.7 The Plan states that projects or programs implemented with state funds should:  Encourage innovative design of new structures and infrastructure in areas vulnerable to sea level rise, storms and erosion and priority should be given to green or nature-based solutions that use natural processes and habitats to reduce risk from flooding and erosion.  Reduce risk from climate impacts to the coast and ocean, by implementing the Safeguarding Plan’s recommendation to incorporate climate risk considerations into all relevant decision-making, including related to infrastructure, in such a way that it: o Encourages iterative approaches; o Protects California’s most vulnerable populations; o Achieves multiple benefits from efforts to reduce climate risks and prioritizes green infrastructure solutions; o Integrates climate risk reduction with emissions reductions to the fullest extent possible; and 5 California Coastal Commission 2015. Available. http://documents.coastal.ca.gov/assets/slr/guidance/August2015/0_Full_Adopted_Sea_Level_Rise_Policy_Guidance. pdf. Accessed 30 August 2016 6 California Natural Resources Agency 2014. Available. http://resources.ca.gov/docs/climate/Final_Safeguarding_CA_Plan_July_31_2014.pdf . Accessed 19 September 2014. 7 Ocean Protection Council 2014. Available: http://www.opc.ca.gov/webmaster/ftp/pdf/agenda_items/20140827/Item5_OPC_Aug2014_Exhibit_1_Safeguarding_R esolution_ADOPTED.pdf. Accessed 19 September 2014. City of Hermosa Beach LCP-16-08 Page 7 of 10 EXHIBIT E o Develops metrics and indicators to track progress on efforts to reduce climate risk.  Adhere to the Safeguarding Plan principles: o Use the best available science to identify risks and adaptation strategies; o Understand that an effective strategy for preparing for climate risks should evolve as new information is available; o Involve all relevant stakeholders; o Establish and maintain strong partnerships across all levels of government, tribes, businesses, landowners, and non-governmental organizations; o Give priority to strategies that also achieve benefits other than climate risk reduction benefits, including additional benefits to public health, the economy, environmental justice, and conservation of natural resources; and o Ensure that strategies to reduce climate risk are coordinated, to the extent possible, with the state’s efforts to reduce GHG emissions and other local, national and international efforts. 17. AUDIT REQUIREMENTS AND FINANCIAL RECORDKEEPING Commission projects are subject to audit by the State annually and for three (3) years following the payment of Grant Funds. Accordingly, Grantee shall maintain orderly, accurate and complete documents and records of all financial accounts, costs, disbursements, receipts and other matters relating to this Agreement consistent with the policies outlined in Exhibit C, hereto, for the Project and shall make them available to the State or the Commission for auditing, inspecting and copying at reasonable times. Grantee agrees to allow the auditor(s) to interview any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). Grantee shall also retain such documents and records for three (3) years after final payment and one (1) year following an audit unless a longer period of records retention is stipulated. The documents for audit should be retained onsite. Grantee shall use applicable Generally Accepted Accounting Principles published by the American Institute of Certified Public Accountants. If Grantee stated in the Work Plan that other sources of funding will be used to complete the Project, the Grantee shall establish internal systems to track expenditures of matching or in- kind funds on a regular basis and will make the documentation available to the Commission upon request. 18. WORK PRODUCT It shall be the Commission’s Grant Manager’s sole determination as to whether grant materials (i.e. project deliverables in Scope of W ork) have been successfully completed and are acceptable to the Commission. The Commission reserves the right to withhold reimbursement under the REIMBURSEMENT clause for materials deemed incomplete or substandard. For materials that constitute LCPs, including Land Use Plans and Implementation Plans, the standard of review in determining whether a LCP is City of Hermosa Beach LCP-16-08 Page 8 of 10 EXHIBIT E successfully completed and acceptable as a work product under the Scope of Work of this Grant Agreement, is the Coastal Act. The Grantee agrees that all material data, information, and written, graphic, or other work produced, developed or acquired under this agreement, including plans, drawings, specifications, surveys, studies, reports, and other written or graphic work produced in the performance of this Agreement, herein referred to as “materials”, are subject to the unqualified and unconditional rights of the Commission and the Conservancy as set forth in this section. The Commission and Conservancy shall have the right to reproduce, publish, display and make derivative use all such work, or any part thereof, free of charge in any manner and for any purposes whatsoever and to authorize others to do so. If any of the work material is subject to copyright, trademark, service mark, or patent, the Commission and the Conservancy is granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense. Grantee agrees that it shall use the materials developed with Grant Funds only for the purpose for which the Grant Funds were requested and no other use of the materials shall be permitted (including use of the work produced under this Agreement for any profit- making venture, or the sale or grant of rights thereto for that purpose) except as otherwise agreed to in an Amendment. Grantee must certify the materials developed with Grant Funds under this Agreement shall remain available for public review. This Agreement shall not prevent the transfer of the materials from the Grantee to a Public Agency if the successor Public Agency assumes the obligations imposed by this Agreement. If the use of the materials is changed to a use that is not permitted by the Agreement, or if the materials are sold or otherwise disposed of, at the Commission’s sole discretion, an amount equal to (1) the total amount of the Grant Funds, or (2) the proceeds from the sale or other disposition, whichever is greater, shall be promptly reimbursed to the Commission by Grantee. The Grantee agrees to include in any agreement with any consultant and/or subconsultant under the LCP Grant Project terms that preserve the rights, interests, and obligations created by this section, and that identify the Commission and the Conservancy as third-party beneficiaries of those provisions. 19. SURVIVAL The obligations in the “INDEMNIFICATION” clause of the General Terms and Conditions (Exhibit D), and in the “ACKNOWLEDGMENT,” “AUDIT REQUIREMENTS AND FINANCIAL RECORDKEEPING” and “WORK PRODUCT” clauses in the Special Terms and Conditions (Exhibit E), as well as any other provisions in this Agreement that by their nature are intended to survive termination or expiration, shall survive the termination of this Agreement. City of Hermosa Beach LCP-16-08 Page 9 of 10 EXHIBIT E 20. WAIVERS GENERALLY No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. 21. EXECUTIVE DIRECTOR’S DESIGNEE The Executive Director shall designate a Commission staff Grant Manager who shall have authority to act on behalf of the Executive Director with respect to this Agreement. Grantee shall be notified of such designation in writing. 22. INSURANCE Throughout the term of this Agreement, for the life of any asset funded by the grant monies awarded pursuant to this Agreement, or for any period of project implementation after the termination date of this Agreement, the Grantee shall maintain insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or its agents, representatives, employees, volunteers, or consultants associated with the Project undertaken pursuant to this Agreement. If the Grantee provides funds to any consultants to accomplish any of the work of this Agreement or provides grant funds to any contractor to carry out a project under this Agreement, the Grantee shall first enter into an agreement with each consultant requiring it to obtain and maintain liability and property-damage insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the consultant, or its agents, representatives, employees, or volunteers, associated with the project undertaken pursuant to this Agreement. As an alternative, with the written approval of the Executive Director, the consultant may satisfy the coverage required by this section in whole or in part through its participation in a “risk management” plan, self-insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. Required insurance shall be maintained from the commencement date through the Termination Date of any work undertaken by the consultant under the approved Scope of Work. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office (“ISO”) Commercial General Liability coverage (occurrence Form CG 0001) or ISO Comprehensive General Liability form (1973) or comparable with Broad Form Comprehensive General Liability endorsement. 2. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto). 3. Workers’ Compensation insurance as required by the Labor Code of the State of California. B. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than: City of Hermosa Beach LCP-16-08 Page 10 of 10 EXHIBIT E 1. General Liability: (Including operations, products and completed operations, as applicable) $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities under this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director. D. Required Provisions. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days’ prior written notice by certified mail, return receipt requested, has been given to the Executive Director. The general liability and automobile liability policies are to contain, or to be endorsed to contain, the following provisions: 1. The State of California, its officers, agents and employees are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee; and with respect to liability arising out of work or operations performed by or on behalf of the Grantee including materials, parts or equipment furnished in connection with such work or operations. 2. For any claims related to this Agreement, the Grantee’s insurance coverage shall be primary insurance with respect to the State of California, its officers, agents and employees. 3. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. E. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, in the alternative, acceptable to the Commission and approved in writing by the Executive Director. F. Verification of Coverage. The Grantee shall furnish the Grant Manager with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Grant Manager within 30 working days from the start date of the Grant Project. The Commission reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time. G. Premiums and Assessments. The Commission is not responsible for premiums and assessments on any insurance policy. IBI Group is a group of firms providing professional services IBI Group 18401 Von Karman Avenue – Suite 110 Irvine CA 92612 USA tel 949 833 5588 fax 949 833 5511 June 4, 2019 Leeanne Singleton, AICP Environmental Analyst City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 AMENDMENT PROPOSAL CONTRACT EXTENSION COASTAL ZONE MANAGEMENT AND RECOMMENDED STANDARDS STUDY This letter acknowledges and agrees to the City of Hermosa Beach’s request to extend the term of the agreement of our contract with the City for the Coastal Zone Parking Management and Recommended Standards Study. The original contract expired on December 31, 2018. As a time extension only request, IBI also acknowledges that the proposed contract amendment does not change the scope, deliverables, or value of the existing contract. Extending the term of the agreement to December 31, 2019 aligns with the City’s contract with the California Coastal Commission for preparation of the Local Coastal Program and will allow the City and IBI Group to successfully complete the deliverables of our agreement with the City. Work efforts associated with this contract involved additional work incurred by IBI Group at the request of the City of Hermosa Beach, which were accounted for in a separate amendment of the contract in November 2018, and additional data collection by City of Hermosa Beach staff that extended the initial timeline of this project. Should you have any questions regarding this proposal, please do not hesitate to contact me at (949) 833-5588. We look forward to the opportunity to continue to work with and assist you on this project. Sincerely, IBI Group ________________ William Delo, AICP Managing Principal CITY OF HERMOSA BEACH ________________ Suja Lowenthal, City Manager Coastal Zone Parking Management and Recommended Standards Study Submitted to City Of Hermosa Beach by IBI Group December 8, 2016 – Amended January 26, 2017 18401 Von Karman Avenue, Suite 110 Irvine CA 92612 Tel (949) 833-5588 Fax (949) 833-5511 IBI Group is a group of firms providing professional services IBI Group 18401 Von Karman Avenue Suite 110 Irvine CA 92612 United States Tel 949-833-5588 Fax 949-833-5511 December 8, 2016 Kim Chafin, Senior Planner Community Development Department City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Dear Ms. Chafin: Request for Proposal for The Coastal Zone Parking Management and Recommended Standards Study IBI Group is pleased to respond to the City of Hermosa Beach’s Request for Proposals to complete the Coastal Zone Parking Management and Recommended Standards Study. We believe that this study effort is an exciting opportunity to examine parking conditions and operations in the Coastal Zone area to identify potential strategies to optimize parking utilization, operations, mobility and future parking development. IBI Group has the experience and capacity to provide the necessary resources to the City of Hermosa Beach for the requested services outlined in the RFP. We understand the importance of Hermosa Beach’s desire to better manage the parking supply in the core downtown area and to identify opportunities to improve parking permit and fee structures, operations and expand supply based on anticipated growth, while being flexible in the limited land resources. Our team is also committed to meeting the city’s schedule and goal to provide a successful and sustainable parking management study for the downtown area. IBI Group is a leading international provider of a broad range of professional services in Infrastructure, Buildings, and Intelligence. With more than 40 years of experience, we bring unparalleled depth of resource and breadth of experience to transportation projects. We are a multi-discipline engineering and architectural consulting firm widely recognized for our capabilities in the planning, design and implementation of facilities and infrastructure projects requiring sophisticated business solutions. Since 1974, we have provided high quality professional service for public and private clients on wide range of challenging project across the United Stated, Canada and internationally. 01 Cover Letter 18401 Von Karman Avenue, Suite 110 Irvine CA 92612 Tel (949) 833-5588 Fax (949) 833-5511 IBI Group is a group of firms providing professional services The key points of our proposal are summarized below: • IBI Group has extensive knowledge and experience working in a coastal community and analyzing downtown parking demands in the unique coastal community setting evidenced by our recent work in Laguna Beach and Oceanside. • IBI Group staff has the experience and expertise with respect to land use and parking and the relationship between the two. • Our project team brings qualified, experienced staff who are well-versed in data collection methods, permitting and fee structures, parking management plans and demand studies, event parking, and reformed parking standards. • Our project manager, Michael Arizabal is committed to successfully delivering this project, managing the team, and meeting the city’s timelines. Key personnel will remain committed to the project for the term of the agreement. • IBI Group has proven experience in consistently exceeding client expectations on projects we have managed in similar communities. Thank you for the opportunity to submit our proposal for the City of Hermosa Beach. We look forward to hearing from you and are excited about the opportunity to work with you on this project. The contents of this proposal is valid for a period of 90 days. If you have any questions, please feel free to contact me at (949) 833-5588 or bdelo@ibigroup.com at your convenience. Sincerely, IBI Group William Delo, AICP Managing Principal - Irvine 3 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY Table of Contents 01 Cover Letter ................................................................................................ 1 02 Approach .................................................................................................... 4 03 Project Team ............................................................................................. 11 04 Qualifications ............................................................................................. 20 05 References ............................................................................................... 21 06 Budget ...................................................................................................... 29 07 Disclosures ............................................................................................... 30 08 Exceptions to Professional Services Agreement ...................................... 30 IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 Project Understanding With a variety of recreational, cultural, and commercial attractions, the City of Hermosa Beach highlights its Coastal Zone as one of its major priorities. The area covers half of the City’s 1.4 square miles and although small, its unique characteristics require special attention to the needs of an active and thriving community of people, local businesses, special events, and coastal recreation and amenities. Since tourism is the City’s primary economic driver, it is critical that the City develops a plan to maintain protection and access to the Coastal Zone while accommodating its residents and visitors alike. With a developing Coastal Zone, the City must continue to uphold a community that stays true to its character while furthering its progress. The City has begun a multi-faceted process in visioning the future of the community through updating the General Plan and Local Coastal Program, as well as developing a draft of PLAN Hermosa, an integrated General Plan/Coastal Land Use Plan. This plan outlines the City’s commitment to three priorities: its small town beach culture, a vibrant local economy, and a healthy environment and lifestyle. The City is ensuring a comprehensive review of the community’s needs through outreach and extensive dialogue with residents who identify with the community’s characteristics and continued development. IBI Group has experience using various approaches to solicit and integrate community input into plans that ensure a flourishing community and will continue the City’s effort in doing so. In addition to using community input to guide the study, IBI Group is fully prepared to assess parking availability and demand, as well as offer recommendations for parking strategies that will balance coastal access with efficient use of the City’s land resources while remaining consistent 02 Approach 5 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY with the City’s unique economic development and mobility goals. IBI Group is well-suited to conduct the parking management study, given the firm’s knowledge of relationship between parking and land use and expertise in parking demand and management studies in downtown areas, particularly along coastal areas. In addition to developing the parking demand study in partnership with local businesses and recommending parking standards for various uses, the management of parking spaces is paramount in our approach to ensure optimal utilization and operation. Since the City has already invested in conducting parking-related studies, IBI Group will ensure that the previous findings, such as those from the City’s Beach Access and Parking Study and the PLAN Hermosa supporting documents, are integrated into our study. Similarly, the preliminary parking strategies and policies outlined in the Hermosa Beach Downtown Revitalization Strategy as well as the Draft PLAN Hermosa will help guide the recommendations we will provide to the City. Our firm understands not only the parking side of the planning challenge that exists, but also the land use, urban design, and transportation challenges that will need to be addressed to ensure a successful demand study. Furthermore, IBI Group understands the level of coordination needed with City staff, the California Coastal Commission, residents, the surrounding business community, and other interested stakeholders to determine parking needs and to tailor our approach based on the unique nature of the Coastal Zone of Hermosa Beach, keeping the three priorities of the City’s PLAN Hermosa in mind. IBI recently conducted a parking management study for the City of Laguna Beach, designing and conducting an availability and demand study to understand the parking demands specific to Downtown Laguna Beach. The study informed recommended parking management strategies to be incorporated in an update to the Downtown Specific Plan, including minimum parking requirements and strategies for accommodating additional growth and flexibility in land uses in an active coastal community of residents and visitors. IBI Group’s approach is to identify fiscally and environmentally sustainable recommendations and strategies that meet the needs of the City, visitors, businesses, and residents based on sound data collection and our experience with similar projects. Our work plan is presented below and is tailored to fulfill the objectives outlined above. IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 Work Plan The following scope of work details the efforts required to complete the task associated with the Coastal Zone Parking Management and Recommended Standards Study. Task 1: Coordinate with City Staff A: Prepare Materials for Meeting The project management effort will be led by Mike Arizabal, our Project Manager, and William Delo, our Principal-in-Charge, who will serve as the primary points of contact for City staff and will be responsible for the deliverables submitted under this assignment. The project management effort will be ongoing throughout the duration of the project. This task includes oversight of the consultant team and the administrative tasks required to support the overall work effort. Our first order of work will be to schedule a project kick-off meeting with City staff and the local Coastal Commission for the Coastal Zone Parking Management and Recommended Standards Study after receiving the notice to proceed (NTP). IBI Group will prepare all the pertinent documentation, graphics, initial analysis and information to facilitate coordination between the City, Coastal Commission, and consultant staff. B: Meeting with City Staff This meeting will have the purpose to confirm goals/desires/objectives and to present an opportunity to refine parking demand metrics as they relate to the project goals and objectives. It is anticipated that this meeting will be the forum to present and discuss project issues, to review scope and schedule, and to determine if any refinements to the work plan are necessary. TASK 1 DELIVERABLES • Deliverables: Kick-off Meeting with City Staff 7 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY Task 2: Engage the Community in the Draft Implementation Strategies A: Prepare Supporting Materials IBI Group understands a key element to the Coastal Zone Parking Management study will be engaging members of the community and key stakeholders. The parking strategies that are ultimately implemented throughout the City will have an impact on travel behavior and the community, therefore the community engagement process will be key in drafting implementation strategies that address the needs and concerns of residents, businesses, and visitors. IBI Group shall be responsible for providing the necessary content for the City’s use in their meeting agendas, graphics, meeting minutes, etc., as needed. It is anticipated that City staff will be responsible for meeting logistics, such as facility reservations, scheduling, and advertising. City staff will also be responsible for creating and distributing the supporting materials based on the content provided by IBI. B: Community Engagement Events For this task, IBI Group shall conduct two community engagement events to solicit ideas, concerns, and recommendations from community members and stakeholders. The first event will be an educational event that focuses on communicating project purpose, goals, and to identify potential strategies or recommendations. The second event will be an interactive workshop/walking tour. The interactive workshop/walking tour serves two purposes: first, it provides a first-hand opportunity to examine existing parking conditions with City staff and the community, and second, it extends the project reach to a more diverse audience than those who typically attend conventional townhall-style meetings. IBI has extensive experience working hands-on with communities in conjunction with multiple agencies to achieve a common goal. The results of the community engagement events will be summarized for the City and the Coastal Commission in a complete, clear, and concise report including tables and other graphics. The report format and structure will lean towards one that is easily digestible by the public or others that may wish to utilize the document for guidance on any subsequent studies. TASK 2 DELIVERABLES • Educational Series Event • Workshop/Walking Tour • Event Summary Report IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 Task 3: Refine the Draft Implementation Plan A: Review of Existing Documentation IBI will review all existing parking documentation and information (all pertinent planning documents and parking studies to be provided by the City) with the intent to identify any missing gaps in the data. Any missing data and methods to obtain the missing data will be coordinated with City staff. IBI will compile and organize the data into a format that the City can use to facilitate decision-making. For this task, the IBI team will conduct an existing conditions assessment of on-street and off-street parking in the Coastal Zone/ Downtown area. The off-street assessment shall include not only the location and number spaces, but will also any parking regulations imposed by the City, such as price, span of operation, and access. The on-street parking inventory will document all curb-side regulations, including, but not limited to no parking areas, loading zones and bus stops. The study will examine the City’s current parking standards for various land uses, and identify peak usage times. IBI will also survey parking enforcement officials to determine conditions at the public lots. It is assumed that all public on and off-street parking inventory will be obtained from previous parking studies (to be provided by the City). The City will lead the data collection effort to survey the inventory of private parking spaces. Adjacent land use often influences the functionality and character of the street environment with parking supply and demand being dictated primarily by the surrounding built environment. In order to inform parking standard revisions and management strategies, an inventory of all land uses by location, type, and size is necessary. The inventory will be provided/conducted by the City and shall shall include zoned use, existing use, on-site parking and building square footage. It will also provide data regarding whether the site is currently occupied or vacant. To ascertain building occupancy of each parcel, a field survey will be conducted by the City as a part of the private parking occupancy counts. The City’s survey teams will observe whether each parcel is occupied by tenants or is vacant. Data from this survey will be used in order to determine actual parking demand levels per land use. We will compile and document the results of this assessment via an ArcGIS shapefile and database, which will be provided to the City. TASK 3 DELIVERABLES • Summary of Existing Documents • ArcGIS shapefiles and database for parking • Technical Memorandum 9 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY B: Evaluate Future Parking Availability and Demand IBI will utilize the study from Task 3A to form a basis to establish and/or revise parking standards and recommend adjustments to parking permit and fee programs within the Coastal Zone to balance coastal access with efficient use of the City’s limited land resources and achievement of the City’s economic development and mobility goals. IBI will reference the land use inventory to derive both the actual built ratio of parking supply spaces and the actual current demand ratio. This will be used to compare against the City’s current standards with the goal of reforming the standards to optimize utilization within limited land resources. C: Technical Memorandum The Technical Memorandum is anticipated to include recommendations of blended parking rates, fee structures, site-specific parking rates, strategies for accommodating additional growth and flexibility in land uses, and to optimize usage of parking resources. IBI will provide one round of the Technical Memorandum for review and comment from City Staff and the Coastal Commission. Task 4: Conduct Local Public Hearings A: Planning Commission Study Session Once concurrence is received on the Technical Memorandum in Task 3C, IBI will attend and participate in one Planning Commission Study Session. IBI will work with City staff to develop the agenda for this meeting. It is anticipated that the meeting will provide the forum to review and discuss the recommended parking standards and proposed parking management strategies. IBI will be responsible for providing the content to the City for any pertinent materials for this meeting. B: City Council Study Session IBI will also attend and participate in one City Council Study Session in which the meeting will provide the platform for finalizing the Draft Implementation Plan. IBI will be responsible for providing the content to the City for any pertinent materials for this meeting. TASK 4 DELIVERABLES • Planning Commission Study Session • City Council Study Session IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 Year Year 1 Month 1 2 3 4 5 6 7 8 9 10 11 12 Task 1. Coordinate with the Coastal Commission A. Prepare Materials for Meeting B. Meeting with Coastal Commission Staff Task 2. Engage the Community in the Draft Implementation Strategies A. Prepare Supporting Materials B. Community Engagement Events Task 3. Refine the Draft Implementation Plan A. Review of Existing Documentation B. Evaluate Future Parking Availability and Demand C. Technical Memorandum Task 4. Conduct Local Public Hearings A. Planning Commission Study Session B. City Council Study Session Schedule Meeting Work Effort Deliverable Client Review Progress/Status Report 11 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY William Delo, AICP Principal-in-charge Mr. Delo is a Managing Principal of IBI Group and a Transportation Planner with over 16 years of experience in transportation planning and traffic engineering. Mr. Delo is an experienced project manager, responsible for the successful completion of numerous projects ranging from traffic and parking studies to regional multi-modal transportation studies. Of particular relevance to this assignment, Mr. Delo is the project manager for IBI’s work in the communities of South Salt Lake, Van Nuys and Boyle Heights, and Oceanside. He has extensive experience leading projects that involve the planning and design of complete street principles, as well as detail traffic and transit operational analysis. These experiences highlight Mr. Delo’s ability to identify parking solutions that are specifically tailored to the needs of each unique and diverse community. Mike Arizabal Project Manager Michael Arizabal is a senior transportation planner with practical analysis and management experience. He has led the technical work for numerous transportation planning , traffic engineering, and parking projects in Southern California, and is an expert on all traffic analysis software and tools. Mr. Arizabal has a broad background of professional experience, focusing on transportation planning and traffic engineering, and specializing in site access/circulation, transit planning, active transportation application, technical reports in support of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation, parking management plans, data collection, and traffic impact analysis. Most recently, Mr. Arizabal led the Reformed Parking Standards Study in the City of Oceanside, which refined minimum parking standards and implemented alternative means of managing on and off-street parking for the purposes of increasing flexibility of infill development. David Chew Parking Lead Mr. Chew is a Transportation Planner at IBI Group with 5 years of experience in transportation planning and traffic engineering. His experience in planning and engineering includes the preparation of specific plans, long range transportation plans, traffic impact analyses, and transportation modeling. His skills include geospatial analysis and data visualization with ArcGIS, transportation and land use planning, transit analysis, traffic modeling, parking studies and microsimulation. IBI Group IBI Group IBI Group 0 3 Project Team IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 Cathy Chea Community Engagement Lead Ms. Chea is a Transportation Planner at IBI Group that specializes in the strategic planning and implementation of multimodal transportation projects. Her experience includes projects ranging from transit planning, complete streets and active transportation planning, multimodal corridor studies, TOD and station area planning, traffic impact studies, and parking studies. In addition, Ms. Chea’s expertise also includes land use planning, geospatial analysis and data visualization with ArcGIS, and financial forecasting and analysis. Ms. Chea applies her background in both transportation and land use planning to design truly balanced and sustainable transportation systems. Cristina Martinez, LEED GA GIS Lead and Parking Support Ms. Martinez is a Transportation Planner with 2 years of experience in Transportation Planning, with projects ranging from large-scale freeway and transit projects to local active transportation improvement projects. Ms. Martinez’s area of expertise lies within transportation and land use planning principles, environmental justice and social equity, outreach, geographic information systems, and data management and analysis. Software knowledge includes ArcGIS and associated programs, SPSS, and Microsoft Office. IBI Group IBI Group WILLIAM DELO, AICP Principal-in-Charge MIKE ARIZABAL Project Manager MIKE ARIZABAL Study Sessions CRISTINA MARTINEZ, LEED GA GIS Lead and Parking Support CATHY CHEA Community Engagement Lead DAVID CHEW Parking Lead Organizational Chart 13 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY ibigroup.com Education B.A. (Environmental Analysis and Design), University of California, Irvine, 2000 Experience 2001-Present IBI Group, Irvine, CA, Transportation Planner/ Associate 2000-2001 Civic Solutions, Inc. (City of Santa Monica, City of Ontario, City of Rancho Santa Margarita), Assistant Planner 1999-2000 Orange County Transportation Authority, Orange, CA, Assistant Transportation Analyst Memberships & Registrations American Planning Association Certified Planner, American Institute of Certified Planners #019993 IBI GROUP RESUME William Delo AICP Principal-in-Charge Mr. Delo is an Associate of IBI Group and a Transportation Planner with over sixteen years of experience in transportation planning, parking planning,and traffic engineering. Mr. Delo is an experienced project manager, responsible for the successful completion of numerous projects ranging from traffic and parking studies to regional multi-modal transportation studies. Representative Experience Van Nuys and Boyle Heights Modified Parking Requirements Study, Los Angeles, CA –Project Manager of this ongoing study developing new parking requirements for land uses in the Van Nuys and Boyle Heights communities in Los Angeles. New city regulations allow for modified parking requirements in neighborhood downtown areas. IBI is study current parking conditions and identifying potential refinements to the parking standards in these diverse communities. Santa Ana Regional Transportation Center Parking Management Strategies Study, Santa Ana, CA –Project Manager of this study that is focused on the implementation of parking pricing for the Santa Ana Regional Transportation Center. IBI Group is tasked with identifying an appropriate pricing strategy for the station for existing and future conditions. Elements of the study included a focused meeting with current station tenants and a public workshop and surveys on-site. Coast Highway Corridor Parking Study, Oceanside, CA –Project manager for this study examining the operational feasibility of implementing a road diet and parking management plan for the Coast Highway Corridor in Oceanside. The traffic analysis examines 2035 traffic volumes and land uses, consistent with a vision plan adopted for the corridor.The parking management plan is identifying revised parking standards, opportunity sites for public parking resources, and strategies for better managing parking demand in the corridor. South Salt Lake Downtown Parking Plan, South Salt Lake, CA –Mr. Delo is the task lead for the parking and mobility tasks. The parking plan has identified new parking requirements for the downtown area, identified sites for new public garages, and refinements standards to reflect the availability of parking resources owned and operated by the city. Metrolink Station Parking Management Strategies Study, Orange County, CA –Project Manager of this study, which identified parking management strategies for the 11 Metrolink commuter rail stations. Candidate strategies include pricing parking, improving mode of access options, technology, and parking management districts. The objective of the study was to identify a “toolkit” of potential strategies tailored to the existing and future environment at each station. Page 1 IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 IBI GROUP RESUME ibigroup.com Mike Arizabal Project Manager Michael Arizabal is a senior transportation planner with practical analysis and management experience. He has led the technical work for numerous multimodal transportation planning and traffic engineering projects in Southern California, and is an expert on all traffic analysis software and tools. Mr. Arizabal has a broad background of professional experience, focusing on transportation planning and traffic engineering, and specializing in site access/circulation, transit planning, parking studies, parking demand management, corridor studies, active transportation application, technical reports in support of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation, and traffic impact analysis. Representative Experience Century Boulevard Reconstruction Project,Inglewood, CA –Mr. Arizabal served as the primary technical analyst on the Century Boulevard Reconstruction Project on behalf of the City of Inglewood and the Los Angeles County Metropolitan Authority. The purpose of the project was to enhance flow of traffic and increase level of safety for motorized vehicles and pedestrians alike. On-street parking demand was also analyzed to determine the number of spaces impacted by the roadway diet. Other benefits included improved security enforcement as a result of the improved lighting illumination in the area, reduction of excess fuel emissions, which improves air quality, and calmer traffic flows. The traffic analysis investigated opportunities and constraints to provide a corridor that was consistent with the City’s “Complete Streets” objective and vision -streets that intertwine all modes of traffic (vehicular, bicycle, pedestrian) while promoting enhanced mobility and safety. Coast Highway Development Incentive Overlay Zone, Reformed Parking Standards,Oceanside, CA –Served as the primary staff to prepare a technical memorandum to inform and recommend reformed parking standards to be included in the Coast Highway Overlay as an incentive for encouraging development and redevelopment within the corridor. Mr. Arizabal developed and justified reformed parking standards that were based on an assessment of parking demand, current requirements, and potential opportunities for new parking areas. The memorandum also identified recommendations for future programs/actions that the City should consider to better address parking management within the corridor.The memorandum utilized the City’s Toolbox Parking Strategies such as pricing, transportation demand management programs, transit passes, unbundled parking costs, and shared parking districts. Laguna Beach Downtown Specific Plan Actual Parking Demand Study, Laguna Beach, CA –Serving as the project manager for Downtown Specific Plan Actual Parking Demand Study. The parking study includes inventory and utilization of all off-street and on-street parking within the Laguna Beach Downtown area. Specific Education B.S. (Civil Engineering) Specialization in Transportation Information Control Systems University of California, Irvine, CA, 2004 Experience 2015–Present IBI Group, Irvine, CA, Senior Transportation Planner 2009–2015 AECOM, Orange CA, Senior Transportation Planner 2004–2009 LSA Associates, Inc., Irvine, CA, Transportation Engineer Memberships Institute of Transportation Engineers (ITE) American Society of Civil Engineers (ASCE) Orange County Traffic Engineering Council (OCTEC) References City of Costa Mesa SR-55 Access Analysis, Pritam Deshmuk, 714-754-5183 Century Boulevard Reconstruction,Keith Lockard, 310-412-5383 Tehachapi City-Wide Traffic Model,Jay Schlosser, 661-822-2200 Page 1 IBI GROUP RESUME Michael Arizabal ibigroup.com recommendations to address growth in land uses and tourism such as shared parking, metering, and restrictions were made. Rancho Santiago Community College District, Santa Ana College Master Plan Traffic and Parking Study, Santa Ana, CA –Conducted traffic impact analysis and parking demand analysis for the proposed Master Plan build out of Santa Ana College in the City of Santa Ana. The traffic study identified the short-and long-term traffic impacts and determined mitigation as required for California Environmental Quality Act (CEQA) compliance and was prepared in accordance with the objectives and requirements of the City of Santa Ana’s General Plan Circulation Element. Special analysis included a detailed site access evaluation and peak hour link analysis along study area roadway segments. Metro Gold Line Phase 2B Parking Garages,Los Angeles, CA –Served as the primary staff for transportation, circulation, and parking analysis for the planned six Gold Line stations in the cities of Glendora,San Dimas, La Verne, Pomona, Claremont, and Montclair. Participated in the advanced conceptual engineering stage to determine access locations, internal parking structure circulation, and modes of access. Los Angeles County Metropolitan Transportation Authority (LACMTA), Eastside Extension EIR/EIS, Los Angeles, CA –Assisting the environmental team by preparing the traffic and circulation impact analysis for the DEIR/DEIS. The traffic impact analysis evaluates intersection, highway, and roadway conditions for existing and future scenarios (with and without project), and any potential impacts to parking, bicycle/pedestrian facilities, freight, and transit. Mitigation measures to reduce or eliminate any impacts will be recommended. Metro SR-710 North Parking Study, Long Beach, CA –Served as the primary technical analyst for the SR-710 North Parking Study. Oversaw the data collection effort that included on-street and off-street parking inventory, occupancy, and demand. The SR-710 alignment would displace a large amount of on-street parking and the parking demand analysis evaluated opportunities for additional parking areas based on a quarter-mile walking distance threshold. The parking analysis identified the number of parking spaces displaced and/or removed by the alignment and determined whether or not adequate supply existing within reasonable distances. In places where parking was displaced without any reasonable replacements, off-street parking lots were identified. City of Anaheim, Fixed Guideway EIR/EIS, Anaheim, CA –Serving currently as the primary staff for traffic planning and operations for the Anaheim Fixed Guideway study. Conducted a technical review of the ridership forecasts for two project alternatives to determine preliminary traffic assignments and trip diversion. Currently preparing a traffic impact analysis consistent with the requirements of the City of Anaheim and Caltrans guidelines. City of Garden Grove, Haster Basin Traffic and Parking Assessment, Garden Grove, CA – Conducted a preliminary traffic assessment for the Haster Basin and Pump Station Improvement project in the City of Garden Grove. Traffic issues such as parking, traffic operations, and parking design features were evaluated for the development of new soccer fields consistent with local zoning and transportation guidelines. City of Placentia, Orange County Gateway (OCG) Draft EIS/EIR, Placentia, CA –Assisted the project team with the preparation of the traffic, transportation, pedestrian, and bicycle facilities section of the draft EIS/EIR. The analysis identified traffic and circulation impacts to state highways, local arterial streets, transit operations, and bicycle and pedestrian facilities within the OCG study area consistent with the CEQA guidelines Appendix G checklist. Measures of evaluation included daily traffic volumes, intersection levels of service (LOS), vehicular traffic delay estimates, rail volume and corresponding delay, transit disruption, and bicycle and pedestrian blockage. Project documentation was prepared in compliance with both the CEQA and the National Environmental Policy Act (NEPA). Page 2 15 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY IBI GROUP RESUME Michael Arizabal ibigroup.com recommendations to address growth in land uses and tourism such as shared parking, metering, and restrictions were made. Rancho Santiago Community College District, Santa Ana College Master Plan Traffic and Parking Study, Santa Ana, CA –Conducted traffic impact analysis and parking demand analysis for the proposed Master Plan build out of Santa Ana College in the City of Santa Ana. The traffic study identified the short-and long-term traffic impacts and determined mitigation as required for California Environmental Quality Act (CEQA) compliance and was prepared in accordance with the objectives and requirements of the City of Santa Ana’s General Plan Circulation Element. Special analysis included a detailed site access evaluation and peak hour link analysis along study area roadway segments. Metro Gold Line Phase 2B Parking Garages,Los Angeles, CA –Served as the primary staff for transportation, circulation, and parking analysis for the planned six Gold Line stations in the cities of Glendora,San Dimas, La Verne, Pomona, Claremont, and Montclair. Participated in the advanced conceptual engineering stage to determine access locations, internal parking structure circulation, and modes of access. Los Angeles County Metropolitan Transportation Authority (LACMTA), Eastside Extension EIR/EIS, Los Angeles, CA –Assisting the environmental team by preparing the traffic and circulation impact analysis for the DEIR/DEIS. The traffic impact analysis evaluates intersection, highway, and roadway conditions for existing and future scenarios (with and without project), and any potential impacts to parking, bicycle/pedestrian facilities, freight, and transit. Mitigation measures to reduce or eliminate any impacts will be recommended. Metro SR-710 North Parking Study, Long Beach, CA –Served as the primary technical analyst for the SR-710 North Parking Study. Oversaw the data collection effort that included on-street and off-street parking inventory, occupancy, and demand. The SR-710 alignment would displace a large amount of on-street parking and the parking demand analysis evaluated opportunities for additional parking areas based on a quarter-mile walking distance threshold. The parking analysis identified the number of parking spaces displaced and/or removed by the alignment and determined whether or not adequate supply existing within reasonable distances. In places where parking was displaced without any reasonable replacements, off-street parking lots were identified. City of Anaheim, Fixed Guideway EIR/EIS, Anaheim, CA –Serving currently as the primary staff for traffic planning and operations for the Anaheim Fixed Guideway study. Conducted a technical review of the ridership forecasts for two project alternatives to determine preliminary traffic assignments and trip diversion. Currently preparing a traffic impact analysis consistent with the requirements of the City of Anaheim and Caltrans guidelines. City of Garden Grove, Haster Basin Traffic and Parking Assessment, Garden Grove, CA – Conducted a preliminary traffic assessment for the Haster Basin and Pump Station Improvement project in the City of Garden Grove. Traffic issues such as parking, traffic operations, and parking design features were evaluated for the development of new soccer fields consistent with local zoning and transportation guidelines. City of Placentia, Orange County Gateway (OCG) Draft EIS/EIR, Placentia, CA –Assisted the project team with the preparation of the traffic, transportation, pedestrian, and bicycle facilities section of the draft EIS/EIR. The analysis identified traffic and circulation impacts to state highways, local arterial streets, transit operations, and bicycle and pedestrian facilities within the OCG study area consistent with the CEQA guidelines Appendix G checklist. Measures of evaluation included daily traffic volumes, intersection levels of service (LOS), vehicular traffic delay estimates, rail volume and corresponding delay, transit disruption, and bicycle and pedestrian blockage. Project documentation was prepared in compliance with both the CEQA and the National Environmental Policy Act (NEPA). Page 2 IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 IBI GROUP RESUME ibigroup.com David Chew Parking Lead Mr. Chew is a Transportation Planner at IBI Group with 5 years of experience in transportation planning and traffic engineering. His experience in planning and engineering includes the preparation of specific plans, long range transportation plans, traffic impact analyses, and transportation modeling. His skills include geospatial analysis and data visualization with ArcGIS, transportation and land use planning, transit analysis, traffic modeling, and microsimulation. Representative Experience Laguna Beach Downtown Specific Plan Area Parking Actual Demand Study,Laguna Beach, CA –Mr. Chew is working with the City of Laguna Beach to form the basis for minimum parking requirements relative to land use and provide recommendations to optimize usage of parking resources. Work efforts include analysis and GIS mapping of parking data and an evaluation of existing land uses to develop actual parking demand rates. OCTA Transit Center Modernization and Parking Management Study, Orange County, CA –Mr. Chew is evaluating existing parking and pedestrian amenities (including access, security, and lighting) at local transit centers and park and ride facilities. The purpose of the project is to increase ridership by enhancing the passengers experience through improved security measures, passenger amenities, and parking management. Mr. Chew’s role includes research, analysis, and mapping of various data for presentation and recommendations. Coast Highway Corridor Parking Study, Oceanside, CA –IBI Group is conducting corridor analysis of Coast Highway from State Route 76 to the southern City Limits. The objective of the study is to examine the operational feasibility of roundabouts and changes in lane configurations to create a more pedestrian-friendly corridor. The traffic analysis is examining 2035 traffic volumes and land uses, consistent with a specific plan adopted for the corridor. The parking management plan is identifying revised parking standards, opportunity sites for public parking resources, and strategies for better managing parking demand in the corriror. Santa Ana Regional Transportation Center Parking Management Strategies Study, Santa Ana, CA –Santa Ana Regional Transportation Center (SARTC) is a multi-modal transportation center, serving Metrolink commuter rail, Amtrak, inter-city bus, and local bus travelers. The station also includes restaurants and city offices. Working with the City of Santa Ana, Mr Chew provided analysis of existing parking demand for the station and identified appropriate pricing strategies for the station for existing and future conditions. Downtown Parking Management Plan, San Mateo, CA –Mr Chew worked with the City of San Mateo to provide short-and long-term strategies to allow for an adequate parking supply and financially sustainable operation of parking facilities in the downtown. As a planner, Mr. Chew reviewed prior parking analyses prepared for the city, reviewed existing parking management strategies, observed and confirmed current parking behaviors downtown, oversaw data aollection efforts, analyzed GIS mapping of data, and researched parking management practices in neighboring cities to serve as a comparable basis for recommendations. Education M.U.P. (Masters of Urban Planning), California State University, San Jose, CA 2013 B.A. (Environmental Analysis and Design), University of California, Irvine, CA 2008 Experience 2015-Present IBI Group, Irvine, CA Transportation Planner 2012-2015 CDM Smith, San Francisco, CA Transportation Planner 2011-2012 City of San Jose, San Jose, CA, Transportation Modeling and Analysis Intern Memberships American Planning Association Page 1 IBI GROUP RESUME David Chew ibigroup.com MTC Value Priced Parking (VPP) Project, Oakland, CA –Mr Chew was an analyst working with the Metropolitan Transportation Commission (MTC) to conduct a regional policy analysis and develop a local jurisdiction toolbox. The Project’s goal was to establish a regional parking database framework to structure the organization of and assess parking data; collect parking and related data; integrate data into the framework; build and use land use and transportation models to evaluate alternative approaches to regional parking pricing; and develop parking analysis tools for local jurisdictions. Downtown Parking Management Plan, San Leandro, CA –Working with the City of San Leandro, Mr Chew provided policy analysis and opportunities for parking within downtown San Leandro. Responsibilities included collection and analysis of data, review of prior parking analyses and existing parking management strategies, and policy recommendations for opportunities. Berkeley Value Priced Parking Study, Berkeley, CA –Mr Chew worked with the City of Berkeley and project stakeholders in project planning of the demand-responsive parking pricing pilot program for three commercial districts, development of related parking policies, and complete the planning phases of the FHWA-required Systems engineering Management Plan (SEMP) for Intelligent Transportation Systems (ITS) projects. Mr Chew’s efforts included extensive outreach, the development of three pilot studies, the associated data collection plan, GIS mapping and analysis of data, assistance with the procurement of needed equipment, and implementation of the studies. Downtown Parking Management Plan, Los Altos, CA –Mr Chew worked with the City of Los Altos to provide short-and long-term strategies to allow for an adequate parking supply and financially sustainable operation of parking facilities in the downtown. As a planner, Mr. Chew reviewed prior parking analyses prepared for the city, reviewed existing parking management strategies, observed and confirmed current parking behaviors downtown, oversaw data aollection efforts, analyzed GIS mapping of data, and researched parking management practices in neighboring cities to serve as a comparable basis for recommendations. Page 2 17 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY IBI GROUP RESUME David Chew ibigroup.com MTC Value Priced Parking (VPP) Project, Oakland, CA –Mr Chew was an analyst working with the Metropolitan Transportation Commission (MTC) to conduct a regional policy analysis and develop a local jurisdiction toolbox. The Project’s goal was to establish a regional parking database framework to structure the organization of and assess parking data; collect parking and related data; integrate data into the framework; build and use land use and transportation models to evaluate alternative approaches to regional parking pricing; and develop parking analysis tools for local jurisdictions. Downtown Parking Management Plan, San Leandro, CA –Working with the City of San Leandro, Mr Chew provided policy analysis and opportunities for parking within downtown San Leandro. Responsibilities included collection and analysis of data, review of prior parking analyses and existing parking management strategies, and policy recommendations for opportunities. Berkeley Value Priced Parking Study, Berkeley, CA –Mr Chew worked with the City of Berkeley and project stakeholders in project planning of the demand-responsive parking pricing pilot program for three commercial districts, development of related parking policies, and complete the planning phases of the FHWA-required Systems engineering Management Plan (SEMP) for Intelligent Transportation Systems (ITS) projects. Mr Chew’s efforts included extensive outreach, the development of three pilot studies, the associated data collection plan, GIS mapping and analysis of data, assistance with the procurement of needed equipment, and implementation of the studies. Downtown Parking Management Plan, Los Altos, CA –Mr Chew worked with the City of Los Altos to provide short-and long-term strategies to allow for an adequate parking supply and financially sustainable operation of parking facilities in the downtown. As a planner, Mr. Chew reviewed prior parking analyses prepared for the city, reviewed existing parking management strategies, observed and confirmed current parking behaviors downtown, oversaw data aollection efforts, analyzed GIS mapping of data, and researched parking management practices in neighboring cities to serve as a comparable basis for recommendations. Page 2 IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 IBI GROUP RESUME Page 1 ibigroup.com Cathy Chea Community Engagement Lead Ms. Chea is a Transportation Planner at IBI Group with experience in parking studies,transit-oriented development (TOD) studies,multimodal planning,transit planning, and corridor analysis for various transportation projects in California. Her expertise includes transportation and land use planning, geospatial analysis and data visualization with ArcGIS, as well as financial forecasting and analysis. Representative Experience Van Nuys/Boyle Heights Parking Study, Los Angeles, CA –IBI Group was tasked with evaluating existing parking conditions and developing parking strategies that would allow for sustainable growth in the Van Nuys and Boyle Heights neighborhoods of Los Angeles. Each study area encompasses several Metro rail stations with different needs, opportunities, and constraints to manage parking. As a part of the project, Ms. Chea was responsible for providing technical support for the development of parking strategies that would manage parking demand as well as improve utilization and land use. La Palma Parking Study, Anaheim, CA –IBI Group was tasked with conducting a parking study for a multi-family development project in the City of Anaheim. The purpose of the study was to examine the potential parking demand for the development project and to quantify an appropriate parking ratio. As a part of this project, Ms. Chea was responsible for analyzing parking occupancy and peak parking demand. Central Pointe Station Master Plan, South Salt Lake, UT –IBI Group was tasked for developing the South Salt Lake Central Pointe Transit Station Area Master Plan. The transit station is a major transit hub for South Salt Lake County and represents one of the most transit rich environments along the Wasatch Front.For this project, Ms. Chea was responsible for analyzing parking supply and demand to develop a set of parking management strategies optimize the utilization of parking resources.These parking management strategies include determining optimal ratio requirements, parking rates, shared parking, and more. West Carson TOD Specific Plan, West Carson, CA –IBI Group was tasked with developing the Mobility Element of the West Carson TOD Specific Plan. The focus of the Specific Plan is to identify strategies that would leverage existing transportation infrastructure and lay the groundwork for future mobility enhancements. For this project, Ms. Chea was responsible for analyzing existing conditions relating to the street, transit, bicycle, and pedestrian network, as well as identifying strategies that would improve multimodal connections within the area and increase transit ridership. This task included analyzing existing on- street and off-street parking supply and mapping the data via ArcGIS. The projects also involved providing in-depth corridor analyses, developing street design concepts, identifying land use and transportation policies to facilitate a safe and efficient multimodal network, as well as developing parking management and transportation demand management (TDM) strategies. Education Masters of Urban and Regional Planning, University of California, Irvine 2014 Bachelor of Arts Psychology, University of California, Los Angeles, 2005 Experience 2014–Present IBI Group, Irvine, CA, Transportation Planner 2013–2014 Long Beach Transit, Service Development Intern 2013 City of Sacramento, Community Development Intern 2008–2012 Bio-Rad Laboratories, Financial Analyst Memberships Women’s Transportation Seminar American Planning Association 19 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY IBI GROUP RESUME Page 1 ibigroup.com Cristina Martinez LEED GA GIS Lead/Parking Support Ms. Martinez is a Transportation Planner with 2 years of experience in Transportation Planning, with projects ranging from large-scale freeway and transit projects to local active transportation improvement projects and parking studies.Ms. Martinez’s area of expertise lies within transportation and land use planning, environmental and social equity, outreach,geographic information systems, and data management and analysis. Project participation includes best practices and policy research, grant writing, proposal writing, client reports, parking analysis, data management, mapping, and spatial analysis. Software knowledge includes ArcGIS and associated programs,SPSS, and Microsoft Office. Representative Experience Downtown Specific Plan Area Parking Demand Study, Laguna Beach, CA –Ms. Martinez is providing support in conducting an existing conditions assessment of on-street and off-street public and private parking in Laguna Beach for an update to the city’s Downtown Specific Plan. This includes data management of parking counts, a technical memo summarizing occupancy and utilization, and creating associated GIS shapefiles for the city’s use. Transit Centers Modernization and Parking Management Study, Orange County, CA –Ms. Martinez is providing support in conducting a modernization study of transit centers throughout Orange County to improve passenger amenities, safety, and lighting for transit users, including bicyclists and pedestrians. Ms. Martinez is analyzing existing conditions, user surveys, and best practices and recommendations for the Orange County Transportation Authority (OCTA). Los Angeles Civic Center Master Plan, Los Angeles, CA –Ms. Martinez is providing transportation planning support in developing a Master Plan for the Civic Center of the City of Los Angeles. Ms. Martinez is analyzing public parking and a multitude of existing and proposed active transportation initiatives to improve access for bicyclists and pedestrians and enhance the walkability of the Civic Center core. Pacific Coast Highway Corridor Study Pamphlet, Orange County, CA –Ms. Martinez provided support in developing a visual and informational outreach pamphlet for city stakeholders, summarizing transportation improvements, including bicycle and pedestrian accessibility,to be made to a 37-mile iconic and heavily-traveled stretch of Pacific Coast Highway, based on recommendations made by the Orange County Transportation Authority’s (OCTA) Pacific Coast Highway Corridor Study. Metro Gold Line Phase 2B, Los Angeles County, CA –Ms. Martinez provided support in preparing a Vehicular and Pedestrian Circulation Study for the Metro Gold Line Foothill Extension. Ms. Martinez completed analysis of pedestrian access and amenities surrounding the parking garages at each of the six new Metro transit stations along the Extension. Education Master of Urban and Regional Planning, University of California,Irvine,2016 B.S. Environmental Science and Policy, Chapman University, 2013 Experience 2015 –Present IBI Group, Irvine, CA, Transportation Planner 2014 –2015 Metrolink, Los Angeles, CA,Research and Planning Intern Memberships American Planning Association Registrations U.S. Green Building Council (USGBC) LEED Green Associate IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 IBI Group is a multi-disciplinary consulting firm, offering services since 1974. We are a leading international, multidisciplinary provider of a broad range of professional services focused on the physical development of cities. Our expertise spans urban design and planning, building and landscape architecture, engineering, advanced transportation management and traffic systems, active transportation planning, communications specializations, and software development. We have organized these services into three streams – Intelligence, Buildings and Infrastructure – to ensure a holistic approach to creating innovative, responsive, and intelligent solutions for our clients in both the public and private sectors. The collaborative nature of our practice allows the firm to effectively address the complexities inherent in the development of sustainable environments. IBI Group’s approach to any project balances the three pillars of sustainability: the social, environmental, and economic spheres of influence. We strive to create projects that communities can be proud of and that benefit the community now and for generations to come. Within Southern California, IBI Group is well-known for its innovative transportation planning practice, which focuses on identifying active and sustainable transportation solutions for a variety of public sector clients and projects. The firm’s transportation planning capabilities and experience spans a variety of transportation modes, from transit to autos to walking and cycling, allowing our staff to identify and implement tailored solutions for to meet the needs of the clients and communities we work for on a day-to-day basis. Award-winning projects that IBI has led or been involved in include the Metro First-Last Mile Strategic Plan, the Agua Caliente Band of Cahuilla Indians Section 14 Complete Streets Plan, the Michigan Avenue Neighborhood Greenway, and the Bringing Back Broadway Streetscape Plan for Downtown Los Angeles. IBI brings direct experience working with Coastal Cities with similar needs. As part of our work on the Coast Highway Corridor Study, the firm is preparing a parking management plan and reformed parking standards for Downtown Oceanside and neighboring activity centers along Coast Highway. In the City of Laguna Beach, IBI Group, in conjunction with the City of Laguna Beach and the Coastal Cities, was selected to prepare and Actual Demand Parking Study. As part of that study, IBI was tasked to evaluate both existing and future parking demand/supply in order to recommend blended parking ratios to allow flexibility with limited resources.For more information, visit www.ibigroup.com Intelligence: communications systems design, software development, safety and security, systems integration Buildings: building architecture, interior design, landscape architecture, building engineering (mechanical, structural, electrical) Infrastructure: planning, urban design, transportation, and engineering IBI Group is in excellent financial health and no conditions exist that would impede its ability to provide the professional services for this contract. The firm has been growing steadily for the past ten years and is in excellent financial condition. 0 4 Qualifications IBI Group 18401 Von Karman Avenue, Suite 110 Irvine CA 92612 Contact: William Delo AICP Tel 949-833-5588 Fax 949-833-5511 Email bdelo@ibigroup.com IBI Group –Irvine 21 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY IBI Group was recently selected to conduct a parking actual demand study for Downtown Laguna Beach during non-summer and summer months, to form a basis for minimum parking requirements relative to land use (built and occupied) and to provide recommendations to optimize usage of existing parking resources. The parking study focuses on a large data collection effort to collect inventory, occupancy, duration for stay, turnover, long-term stays, and number of unique vehicles. The Downtown Specific Plan Area encompasses approximately 115 acres, including 272 parcels and 62 different land uses. The results of the study will be presented to both the City Council and Planning Commission in order to inform the decision- making process. The Final Report will include recommendations of blended parking rates, site-specific parking rates, strategies for accommodating additional growth and flexibility in land uses, and optimization of parking resources. +Project Information Location Laguna Beach, California Client City of Laguna Beach Client Contact Information Wendy Jung 505 Forest Ave Laguna Beach, CA 92651 (949) 497-0321 wjung@lagunabeachcity.net Laguna Beach Downtown Specific Plan Area Parking Actual Demand Study1 0 5 References IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 What is the Coast Highway Study? This study effort is a continuation of the Coast Highway vision and strategic plan. The blueprint for the revitalization and enhancement of the Coast Highway Corridor. New Streetscape Elements Better Accommodate Transit Accommodation of all Travel Modes Improved Pedestrian Environment Facilities for Bicyclists Avenues: Auto-oriented segments with a landscaped median and street trees. Nodes: Pedestrian-oriented “Main Street” with shade trees, curb extensions and wide sidewalks. The Vision and Strategic Plan calls for the creation of: As part of IBI Group’s work on the Coast Highway Corridor Study, the firm is preparing a parking management plan for Downtown Oceanside and neighboring activity centers along Coast Highway. The introduction of a road diet and transformation of Coast Highway to a Complete Street is helping to transform Downtown Oceanside and the overall corridor from an auto-oriented thoroughfare to a series of activity nodes that bring walkable streetscapes and land uses. This transformation has also created parking challenges, particularly in the South “O” community where there are limited public parking resources available. IBI Group is identifying new parking standards for the corridor, helping the city to identify potential sites for new public parking resources, and identifying strategies to better accommodate and manage parking demand and avoid spillover parking into the adjacent neighborhoods. +Project Information Location Oceanside, California Client City of Oceanside Client Contact Information John Amberson City of Oceanside 300 North Coast Hwy Oceanside, CA 92054 (760) 435-5091 jamberson@ci.oceanside.ca.us Oceanside Parking Management Strategy2 23 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY The City of Santa Ana selected IBI Group to prepare a parking management plan for the Santa Ana Regional Transportation Center (SARTC), focusing on the implementation of a parking fee at the station to offset the city’s ongoing maintenance and operation costs for the facility. SARTC serves Metrolink commuter rail, Amtrak, intercity and local bus lines. The station has been experiencing recent increases in transit ridership and parking demand. The facility is also home to office and restaurant uses, creating a dynamic parking demand condition. Elements of the study include identification and evaluation or parking pricing strategies, a public workshop, and surveys of station users to gauge acceptance levels for a parking fee program. +Project Information Location Santa Ana, California Client City of Santa Ana Client Contact Information Alma Flores 20 Civic Center Plaza, Santa Ana, CA 92701 (714) 647-5091 aflores@santa-ana.org Santa Ana Regional Transportation Center Parking Management Plan 3 IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 IBI Group provided parking planning services to the City of South Salt Lake to identify new parking standards for the city’s downtown as part of the development of a Downtown TOD Area Plan. The parking study focused on the identification of potential sites for the construction of public parking garages, modifications to the city’s minimum parking requirements to reflect the proximity of transit services (TRAX Light Rail) and the provision of public parking resources, and the identification of strategies and policies to encourage shared parking and use of public parking to facilitate new development in the downtown. South Salt Lake’s downtown is currently very industrial in nature and the city seeks to encourage new mixed-use development that would take advantage of the proximity of downtown to TRAX and the new Sugarhouse Streetcar Line. +Project Information Location South Salt Lake City California Client City of South Salt Lake City Client Contact Information Sharen Hauri, Urban Design Director City of South Lake City 220 East Morris Ave. South Salt Lake, UT 84115 (801) 464-6771 shauri@sslc.com South Salt Lake Downtown Parking Standards4 25 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY IBI Group is currently preparing a parking plan for the West Carson community in Los Angeles County, focusing on the establishment of new parking standards for the community given the transit opportunities presented by the new Silver Line BRT service. IBI Group’s work includes examining the current parking standards and parking demand, and using this information to identify reformed parking standards for new development. Specific challenges in this community include the presence of Harbor-UCLA Medical Center, which is a major generator of parking demand, as well as the auto-oriented land uses and streets that currently occupy the station area. +Project Information Location West Carson, California Client Placeworks Client Contact Information Karen Gulley 3 MacArthur Place Santa Ana, CA 92707 (714) 966-9220 kgulley@placeworks.com West Carson Parking Study5 IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 IBI Group was contracted by the City of Garden Grove in 2002 and 2010 to perform a parking supply inventory, occupancy, and duration study for downtown Garden Grove. The existing downtown public parking lots serve adjacent land uses on Main Street, a historic area in the City of Garden Grove with a mixture of retail, commercial, and residential uses. The purpose of the study was to determine whether sufficient parking spaces in the immediate area were available to meet existing demand and to recommend operational strategies to improve conditions. The 2010 study was an update of the previous work efforts, allowing the city and IBI Group to examine how the parking supply was functioning with the implementation of the recommendations from the 2002 study. +Project Information Location Garden Grove,, California Client City of Garden Grove Client Contact Information Monica Covarrubias 11222 Acacia Parkway, Garden Grove, CA 92840 (714) 741-5144 monicac@ci.garden-grove.ca.us Downtown Parking Utilization Study6 27 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY IBI Group was recently selected by the City of Los Angeles to complete parking management plans for Van Nuys and Boyle Heights, two distinct communities within Los Angeles. Each study area functions as a neighborhood downtown, supporting a significant amount of commercial development that is served by on-street and off-street (public and private) parking supplies. The city recently adopted a modified parking requirements ordinance, which allows for new parking standards to be applied to existing and proposed development within certain districts of the city. This study effort is focused on developing the appropriate modified parking requirements for both communities. Examination of on- street parking demand, locations, and operations was an integral part of the analysis. +Project Information Location Los Angeles, California Client Southern California Association of Governments Client Contact Information Haydee Urita-Lopez City of Los Angeles Community Planning (213) 928-1162 haydee.urita-lopez@lacity.org Van Nuys and Boyle Heights Parking Management Plans7 IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 2. Client: City of Los Angeles Contact: Haydee Urita-Lopez, City of Los Angeles Community Planning Address: 201 N Figueroa St #4, Los Angeles, CA 90012 Email: haydee.urita-lopez@lacity.org Telephone: (213) 978-1162 1. Client: City of Laguna Beach Contact: Wendy Jung Address: 505 Forest Ave Laguna Beach, CA 92651 Email: wjung@lagunabeachcity.net Telephone: (949) 497-0321 4. Client: City of Oceanside Contact: John Amberson Address: 300 North Coast Hwy Oceanside, CA 92054 Email: jamberson@ci.oceanside.ca.us Telephone: (760) 435-5091 3. Client: Placeworks Contact: Karen Gulley Address: 3 MacArthur Place, Santa Ana, CA 92707 Email: kgulley@placeworks.com Telephone: (714) 966-9220 What is the Coast Highway Study? This study effort is a continuation of the Coast Highway vision and strategic plan. The blueprint for the revitalization and enhancement of the Coast Highway Corridor. New Streetscape Elements Better Accommodate Transit Accommodation of all Travel Modes Improved Pedestrian Environment Facilities for Bicyclists Avenues: Auto-oriented segments with a landscaped median and street trees. Nodes: Pedestrian-oriented “Main Street” with shade trees, curb extensions and wide sidewalks. The Vision and Strategic Plan calls for the creation of: Key Client References 29 CITY OF HERMOSA BEACH – COASTAL ZONE PARKING MANAGEMENT AND RECOMMENDED STANDARDS STUDY William Delo Principal-in- charge Mike Arizabal Project Manager David Chew Parking Lead Cathy Chea Community Engagement Lead Cristina Martinez GIS Lead and Parking Support Total Hours Total Labor Fees $221 $148 $100 $82 $80 Task 1. Coordinate with City Staff A. Prepare Materials for Meeting/Research 2 8 12 12 12 46 $4,768 B. Meeting with Coastal Commission Staff 2 4 4 4 2 16 $1,923 Subtotal 4 12 16 16 14 62 $6,691 Task 2. Engage the Community in the Draft Implementation Strategies A. Prepare Supporting Materials 2 8 8 12 12 42 $4,369 B. Community Engagment Events 2 8 8 12 12 42 $4,369 Subtotal 4 16 16 24 24 84 $8,738 Task 3. Refine the Draft Implementation Plan A. Review of Existing Documentation 2 8 40 24 24 98 $9,506 B. Evaluate Future Parking Availability and Demand 2 16 32 24 32 106 $10,530 C. Technical Memorandum 2 12 16 16 32 78 $7,682 Subtotal 6 36 88 64 88 282 $27,718 Task 4. Conduct Local Public Hearings A. Planning Commission Study Session 2 4 4 4 4 18 $2,082 B. City Council Study Session 4 4 4 4 4 20 $2,524 Subtotal 6 8 8 8 8 38 $4,607 Total Project Person Hours 20 72 128 112 134 466 Total Project Fees (Labor+Overhead+Profit)$4,424 $10,677 $12,781 $9,202 $10,670 $47,754 0 6 Budget Total Project Expenses Meeting Supplies $100 Travel/Mileage $75 Printing and Communications $50 Subtotal $225 Total Project Cost $47,979 IBI GROUP DECEMBER 8, 2016 – AMENDED JANUARY 26, 2017 IBI Group is not involved in any past or current business and/or personal relationships with any current City of Hermosa Beach elected official, appointed official, City employee, or family member of any current City of Hermosa Beach elected official, appointed official, City employee. At this time, IBI Group does not have any requests for changes to the City’s Professional Services Agreement template. IBI Group hereby accepts the form as it is currently constructed. 07 Disclosures 0 8 Exceptions to Professional Services Agreement CONTACT US IBI Group 18401 Von Karman Avenue, Suite 110 Irvine CA 92612 tel 949 833 5588 fax 949 833 5511 Copyright © [2016] IBI Group [P289-2016A] Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Page 1 of 9 Professional Services Agreement CONTRACT FOR PROFESSIONAL SERVICES TO Provide Sea Level Rise Virtual Reality Engagement for Hermosa Beach BETWEEN THE CITY OF HERMOSA BEACH AND CLIMATE ACCESS This AGREEMENT is entered into this 11th day of June, 2019, by and between the CITY OF HERMOSA BEACH, a general law city a municipal corporation (“CITY”) and Climate Access, a non-profit organization (“CONSULTANT”). R E C I T A L S A. The City desires to develop a sea level rise virtual reality experience for the purposes of engaging the community in the discussion and solutions related to sea level rise. B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work. C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows: CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. As additional consideration, CITY agrees to pay CONSULTANT a total of $30,000, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless fi rst approved by the City Manager or his/her designee. CONSULTANT shall submit to CITY, its invoice for services itemizing the fees and costs incurred during the previous quarter. The period covered and date upon which invoices are due to CITY are as follows: - All work through June 30 – invoice due no later than July 10th City of Hermosa Beach Page 2 of 9 - All work July 1 – Sept 30 – invoice due no later than October 10th - All work Oct 1 – Dec 31 – invoice due no later than January 10th CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Cara Pike and Meredith Herr. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on December 31, 2019, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. City of Hermosa Beach Page 3 of 9 CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. INDEMNIFICATION. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. 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 and will survive termination of this Agreement. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation City of Hermosa Beach Page 4 of 9 for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. INSURANCE REQUIREMENTS. A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. 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. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT 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 one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per- occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or whic h is approved in City of Hermosa Beach Page 5 of 9 writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, 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 the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 3. 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. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for City of Hermosa Beach Page 6 of 9 breach of this Agreement in addition to any other damages incurred by City due to the breach. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibil ity and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: Leeanne Singleton Climate Access P.O. Box 67303 Scott’s Valley, CA 95067 ATTN: Cara Pike Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of per sons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. City of Hermosa Beach Page 7 of 9 Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section. A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. ACCEPTANCE OF FACSIMILE OR ELECTRONIC 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 or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. City of Hermosa Beach Page 8 of 9 ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agree ment. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs) By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18701(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ OR City of Hermosa Beach Page 9 of 9 By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18701(a)(2)(A) and is otherwis e not serving in staff capacity in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH CONSULTANT CITY MANAGER By: TITLE ATTEST: Elaine Doerfling, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins , City Attorney EXHIBIT A: Climate Access Scope of Work P.O. BOX 67303  SCOTTS VALLEY, CA 95067  WWW.CLIMATEACCESS.ORG TO: Leeanne Singleton, City of Hermosa Beach FROM: Cara Pike and Meredith Herr, Climate Access DATE: March 4, 2019 RE: Hermosa Beach Virtual Reality Engagement Project Proposal __________________________________________________________________________________________________________________ Dear Leeanne: Thank you for the opportunity to present this proposal for Climate Access to support the development of the City of Hermosa Beach’s climate virtual reality community outreach project. We look forward to working in partnership with Juliette Finzi Hart from USGS and Michael Hart from Whitespace on this effort. Climate Access has pioneered the use of VR as a tool for raising awareness of the risks of sea-level rise and gauging support for adaptation and mitigation responses. Our Here-Now-Us project with Marin County, Look Ahead San Mateo with the County of San Mateo and Look Ahead San Francisco with the City and County of San Francisco each reached thousands of community members including many who were not previously concerned about or involved in climate issues. We used virtual reality to create a first-person experience of risks and responses at sites in each community and provided a vehicle to share concerns and buy-in for solutions via polling questions embedded in sea-level rise and climate solution scenarios. The scenarios were also used as a way to open up conversations within government as well as between decision makers and the public at community events at the sites and partner locations such as libraries, science centers, and film festivals. We look forward to applying best practices from these projects in Hermosa Beach’s virtual reality project as described in the City’s work program for the Local Coastal Program Grant from the Coastal Commission. Project objectives, approach and costs are outlined below. PROJECT OBJECTIVES  Increase awareness of sea-level rise with City of Hermosa Beach community members and stakeholders including those most affected by and vulnerable to impacts.  Illustrate resilience solutions being considered in the adaptation planning process and gauge community member/stakeholder support for the different approaches.  Connect community members/stakeholders to more information and opportunities to take action to prepare for climate impacts and cut carbon emissions.  Inform the development of policy and project options to address sea level rise in Hermosa Beach in a manner that is consistent with the California Coastal Act and Coastal Commission Guidance. APPROACH 1. Engagement Plan Climate Access will create an engagement plan for the City of Hermosa Beach that will be used to shape the creation of the virtual reality experiences as well as promotional efforts. It will include target audiences including those most affected by and/or vulnerable to impacts, strategies for reaching audiences via events, email and social media outreach and earned media, EXHIBIT A: Climate Access Scope of Work P.O. BOX 67303  SCOTTS VALLEY, CA 95067  WWW.CLIMATEACCESS.ORG and a timeline of activities. To develop the plan, Climate Access team will review relevant background materials from the city including climate programs and plans and information gathered in other stakeholder outreach processes, as well as polling on climate awareness and concern. We will also meet with you and other city staff as needed to gain an understanding of the city’s current efforts and engagement goals. We will present a draft plan, meet to discuss it, and finalize based on input. 2. Visualization Strategy Next, the Climate Access team and Juliette Finzi Hart will meet with you to discuss potential sites to feature in the VR campaign. Factors that will be considered include the degree of flooding risk and associated vulnerabilities, ability to effectively illustrate responses, and reach target audiences. From that discussion and additional research we will recommend three sites to feature in a virtual reality smartphone/tablet app and outline the flooding levels and adaptation solutions to highlight at each location. We will work with you to gain buy-in from city staff from other departments as necessary (i.e. public works, recreation and community resources). Once the strategy is approved, we will create the user experience for the three sites. For each, there will be current day, future with sea-level rise and coastal storms, and future with climate action scenarios. We will map out the steps a user goes through within each scenario as well as between scenarios, and the information and polling questions to embed, and the actions to link to and/or promote such as signing up for enews, attending planning meetings, and/or taking advantage of rebates and incentives for energy efficiency upgrades and to access solar. We will present the user experience pathways for review and finalize based on input. 3. Mobile App Development Once the user pathways have been finalized, Juliette Finzi Hart and Michael Hart from Whitespace will take the lead in developing the VR app and user tracking dashboard. A prototype will be shared for review and revised based on input as well as testing, and the app will be uploaded into app stores. 4. Implementation support The Climate Access team will provide online content for the City of Hermosa Beach’s website and social media platforms to promote the campaign and pending funding, will produce 1,000 campaign-branded Google cardboard VR glasses to market the campaign and for use at events. Climate Access will also develop a dialogue guide and fact sheets on sea level rise, the city’s responses, and action planning for use at events. Climate Access will help organize a launch event, and the team along with Juliette Finzi Hart will check in with the city monthly over a four-month period to provide guidance and help measure implementation of the engagement strategy. They will also collect, analyze, and share polling question responses with the city at the end of four month and discuss the relevance of the findings for the adaptation plan with you and your colleagues. DELIVERABLES  Memo – Engagement Plan  Memo – Visualization Strategy EXHIBIT A: Climate Access Scope of Work P.O. BOX 67303  SCOTTS VALLEY, CA 95067  WWW.CLIMATEACCESS.ORG  Mobile App – Visualizing Sea Level Rise  Memo – Implementation Strategy  Equipment – Google Cardboard Glasses (1,000)  Outreach Materials – Project Fact Sheets  Memo – Engagement Results PROJECT COST Costs for Climate Access to create the engagement plan, visualization strategies and user experiences, and contribute to the development of the VR app, implementation of the engagement plan, and data tracking and reporting is $30,000 including travel for two site visits to Hermosa Beach - one during planning and the second for the launch event. A full project budget, including costs that will be covered by the City of Hermosa Beach or other funding sources is included below. PROJECT BUDGET Expenses Climate Access staff time $ 30,000 USGS Staff Time $ 5,000 VR Production $ 50,000 Event costs (food, marketing, etc.) $ 5,000 Google VR Cardboard Glasses (1,000) $ 6,000 Signage $ 4,000 Email/text messaging $ 1,000 TOTAL $101,000 Funding City of Hermosa Beach LCP Grant: Climate Access staff time $ 30,000 City of Hermosa Beach LCP Grant: Event/signage costs $ 9,000 Lush Foundation(pending): VR/50% email/text costs $ 23,000 In-Kind USGS in-kind contribution of time $ 5,000 Michael Hart in-kind contribution of time $ 27,500 Google Foundation for VR Cardboard Glasses $ 6,000 Twillio (email/text messaging) $ 500 TOTAL FUNDING AND IN-KIND $101,000 City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Page 1 of 9 Sample Professional Services Agreement CONTRACT FOR PROFESSIONAL SERVICES TO Provide Local Coastal Planning Consulting Services BETWEEN THE CITY OF HERMOSA BEACH AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC (WOOD) This AGREEMENT is entered into this 11th day of June, 2019, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and Wood Environment & Infrastructure Solutions, Inc (Wood) (“CONSULTANT”). R E C I T A L S A. The City desires to obtain support in the preparation of the City’s Local Coastal Program, coordination with Coastal Commission staff, and preparation of technical analysis of overnight accommodations. B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work. C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as f ollows: CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. As additional consideration, CITY agrees to pay CONSULTANT a total of $46,990, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. No additional compensation shall be paid fo r any other expenses incurred, unless first approved by the City Manager or his/her designee. CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizi ng the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. City of Hermosa Beach Page 2 of 9 SCOPE OF SERVICES. CONSULTANT will perform the services and activities set f orth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, adm inistrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. KEY PERSONNEL. CONSULTANT’s key person (s) assigned to perform work under this Agreement is Dan Gira and Erika Leachman. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on December 31, 2019, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. City of Hermosa Beach Page 3 of 9 Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. INDEMNIFICATION. CONSULTANT shall indemnify, defend with counsel approved by CITY, an d hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of eve ry nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. 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 and will survive termination of this Agreement. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. INDEPENDENT CONTRACTOR . CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or desig nee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said City of Hermosa Beach Page 4 of 9 corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. INSURANCE REQUIREMENTS. A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. 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. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT 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 one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreemen t, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per- occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effe ct. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or whi ch is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, 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 the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. City of Hermosa Beach Page 5 of 9 3. 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. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers , officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or b efore commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shal l constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satis fy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment sh all be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment City of Hermosa Beach Page 6 of 9 by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub -consultants and agents. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: Leeanne Singleton Wood Environment & Infrastructure Solutions, Inc. 104 W. Anapamu Street, Suite 204A Santa Barbara, CA 93101 ATTN: Erika Leachman Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the orig inal notice is deposited in the U.S. mail or personally delivered as specified in this Section. A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to sol icit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contin gent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. City of Hermosa Beach Page 7 of 9 There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modif ied by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. ACCEPTANCE OF FACSIMILE OR ELECTRONIC 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 or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, an d all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experienc e in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. City of Hermosa Beach Page 8 of 9 OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs) By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18701(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Cons ultant employed by the City. Consultant hereby acknowledges his or her assuming -office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ OR City of Hermosa Beach Page 9 of 9 By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18701(a)(2)(A) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH CONSULTANT [MAYOR/CITY MANAGER] By: TITLE ATTEST: Elaine Doerfling, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins , City Attorney Wood Environment & Infrastructure Solutions, Inc. 104 W. Anapamu Street, Suite 204A Santa Barbara, CA 93101 Tel: (805) 962-0992 www.woodplc.com 1 June 2, 2019 Ms. Leeane Singleton, AICP, LEED AP City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Re: Proposal to Provide Local Coastal Planning Consulting Services Dear Ms. Singleton, Wood Environment & Infrastructure Solutions, Inc. (Wood) is pleased to submit this proposal to the City of Hermosa Beach (City) to provide planning consulting services to support the City’s Local Coastal Program (LCP) through California Coastal Commission (CCC) review and certification, consistent with CCC grant agreement no. LCP-16-08. These services include support to City staff responding to CCC comments through line edits to PLAN Hermosa [the City’s General Plan and Coastal Land Use Plan (LUP)], incorporating technical studies prepared to inform LUP updates, and preparation of written responses for CCC consideration. We will also revisit and update the existing analysis of affordable accommodations to update the inventory of overnight accommodations and assessment of lower cost options in the City to inform the LUP’s policies for these uses. We understand that the City would require assistance through the following tasks. We would expeditiously complete these tasks to support the City’s LCP adopted schedule by December 2019, consistent with LCP-16-08. Task 1. Update Overnight Accommodations Analysis In February 2015, the City completed the Hermosa Beach Overnight Accommodations Analysis to determine existing conditions and methods of compliance with the California Coastal Act (Coastal Act). As described under LCP-16-08 (Task 3), this analysis requires targeted updates to better facilitate the provision of affordable accommodations through the LCP. We will incorporate any relevant comments received from the CCC on this topic to ensure adequate responses, as described under Task 2. Our team will build upon the 2015 analysis to: 1. Update the overnight accommodations inventory within the City (within and near the Coastal Zone) and in nearby areas serving the City’s demand, including hotels (including independent and/or family run hotels), hostels and/or campgrounds, and short-term vacation rentals. This analysis will identify lower cost accommodations, including hotels/motels. 2. Identify new or revised opportunities for lower cost overnight accommodations that could serve City visitors and LUP policies or programs that facilitate preservation and development of such lower cost overnight accommodations (e.g., business improvement funds, tax incentives, TOT revenues, in-lieu fees) Wood Environment & Infrastructure Solutions, Inc. 104 W. Anapamu Street, Suite 204A Santa Barbara, CA 93101 Tel: (805) 962-0992 www.woodplc.com 2 3. Assist the City with calculating an appropriate rate for in-lieu fees in the event onsite lower- cost accommodations cannot be provided with future hotel projects or in conjunction with the loss of existing inventory. Deliverables & Schedule: A draft technical memo on Affordable Accommodations and in-lieu fee rate will be delivered within 4 weeks of project kickoff. Task 2. Respond to CCC & Revise Draft LUP We understand the City has received CCC staff comments and line edits. Our team would compile comments received and methodically respond to each both in a written response matrix and, where feasible, in text edits to the draft LUP. Any CCC staff comments that require City guidance and decision-making will be flagged and discussed early in the review process. Our team will also integrate results of available technical studies, including the refreshed affordable accommodations analysis prepared through Task 1 above. Our team will publish a digital revised draft LUP clearly indicating where and how edits were made in response to CCC staff comments (MS Word and .pdf) in comments and track change for one round of review by City staff. We will respond to City review and guidance to prepare the updated draft LUP for resubmittal to the CCC. We will respond to one round of comments from CCC staff on this updated draft LUP and provide a revised draft LUP to City staff for review. Our team will prepare a final draft LUP based on City comments for consideration by decision-makers. Deliverables & Schedule: We propose to submit chapters of the revised draft LUP serially where two to three chapters would be delivered to the City every two to three weeks. Our goal would be to provide a CCC comment response matrix and in line edits to the complete update draft LUP within 9 weeks of project kickoff. Following City review, an updated draft LUP will be prepared for resubmittal to the CCC within 3 weeks. Task 3: Meeting Attendance and Project Coordination Wood will attend up to two (2) in-person meetings. The location of in-person meetings is assumed to be in the City of Hermosa Beach. Wood will provide ongoing team management and reporting to the City, including conference calls as needed. Our team would be led by Dan Gira, Program Manager, and Erika Leachman, Principal Planner, with assistance from Julia Pujo and Marie Laule, our coastal planners. We would also employ Leslea Meyerhoff, AICP to ensure we meet the City’s ambitious schedule. Ms. Meyerhoff is assisting Wood with the combined Carpinteria LCP/General Plan update and also has recent experience with the Solana Beach LCP update. This team is highly qualified and familiar with key coastal planning issues facing the City. Our team will provide these services on a time and materials basis up to a not-to- exceed maximum of $46,990.00 without written authorization from the City, based on the following cost estimate using approved rates under our existing on-call contract with the City. The period anticipated to be covered by this proposed work is through December 30, 2019, subject to modification for additional effort or extension of contract term. Wood Environment & Infrastructure Solutions, Inc. 104 W. Anapamu Street, Suite 204A Santa Barbara, CA 93101 Tel: (805) 962-0992 www.woodplc.com 3 Proposal for Local Coastal Planning Consulting Services DIRECT LABOR Task 1. Overnight Accommodations Task 2. Revise Draft LUP Task 3. Meetings & Coordination TOTAL HOURS TOTAL COST TITLE NAME RATE HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT Program Manager Dan Gira $190.00 4 $760 8 $1,520 18 $3,420 30 $5,700 Principal Planner Erika Leachman $140.00 8 $1,120 12 $1,680 18 $2,520 38 $5,320 Senior Planner Julia Pujo $105.00 12 $1,260 20 $2,100 4 $420 36 $3,780 Associate Planner Marie Laule $90.00 20 $1,800 33 $2,970 4 $360 57 $5,130 Assistant Planner Kaylan Lamb $75.00 46 $3,450 71 $5,325 4 $300 121 $9,075 Project Administrator Rosann Malloch $105.00 0 $0 0 $0 2 $210 2 $210 Subcontracts/Procurement Carol Shore $75.00 0 $0 0 $0 1 $75 1 $75 Administrative Rita Samaniego $75.00 0 $0 0 $0 4 $300 4 $300 TOTAL LABOR 90 $8,390 144 $13,595 55 $7,605 289 $29,590 OTHER DIRECT EXPENSES Coastal Planner Leslea Meyerhoff $150.00 4 $600 100 $15,000 8 $1,200 112 $16,800 Travel/Per Diem $0.54 per mile $0 $0 $600 0 $600 TOTAL EXPENSES $600 $15,000 $1,800 0 $17,400 TOTAL COST ESTIMATE $8,990 $28,595 $9,405 289 $46,990 Wood Environment & Infrastructure Solutions, Inc. 104 W. Anapamu Street, Suite 204A Santa Barbara, CA 93101 Tel: (805) 962-0992 www.woodplc.com 4 Proposal Assumptions 1. Our team would attend up to two (2) meetings; up to three staff members will attend each meeting. 2. Wood assumes that any required meetings or hearings would take place in Hermosa Beach; the calculated mileage costs reflect this assumption. 3. Wood assumes that technical studies prepared in support of the CDP amendment application submitted to the CCC are largely complete or would be provided to our team, and no additional technical studies or substantially expanded technical analysis will be required by Wood staff. 4. All deliverables would be digital. 5. This scope includes submittal of one (1) draft LUP with subsequent effort to support revision or resubmittal in response to one (1) round of CCC review and comment. Substantial revisions or diversions from the current CCC comments would require an equivalent scope expansion. 6. Revision of the Implementing Plan (IP) would occur under a separate proposal. 7. Additional agency permitting, if needed, is not included in this proposal. 8. Other technical studies (e.g., sea level rise, parking management) to inform the draft LUP are not included in this scope of work. We appreciate the opportunity to work with you and the City on this effort. This proposal is an offer for a period of ninety (90) days from the date of submittal. Mr. Aaron Goldschmidt, Vice President, is authorized to sign this proposal. Questions regarding this proposal can be directed to Mr. Dan Gira at daniel.gira@woodplc.com or 805-962-0992 x225. We believe our resources and qualifications will allow us to successfully provide these consulting services, and we will commit all necessary staff and resources to the performance of the needed work within the required project schedule. No member of the contractor’s team has a financial gain or an interest in the financial outcome of the project. Respectfully submitted, Aaron Goldschmidt, Vice President Environmental Planning Group Wood Environment & Infrastructure Solutions, Inc. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0373 Honorable Mayor and Members of the Hermosa Beach City Council Adjourned Regular Meeting of June 11, 2019 HERMOSA AVENUE LANDSCAPING AND IRRIGATION, AND VALLEY PARK RESTROOM RENOVATIONS (Acting Public Works Director Lucho Rodriguez and Environmental Analyst Kristy Morris) Recommended Action: Staff recommends that the City Council: 1.Approve the appropriation of $30,000 in the Capital Improvement Fund to update the landscaping on Hermosa Avenue Medians; and 2.Approve the appropriation of $35,000 in the Capital Improvement Fund for the renovations of the restrooms at Valley Park. Executive Summary: New landscaping on the median planters on Hermosa Avenue from 27th Street to 35th Street was completed in early 2019.The second phase of landscaping upgrades on the Hermosa Avenue medians covers from 27th Street to Herondo Avenue.The restrooms at Valley Park were constructed in 2002 when the park was renovated.No improvements to the restrooms have taken place since then.Existing planters and shrubs on Hermosa Avenue center medians south of Pier Avenue obstruct the opening car doors resulting in scratches to car doors (Figure 1).The first recommended action would authorize staff to replace shrubs in raised planters on Hermosa Avenue medians south of Pier Avenue.The second recommended action would authorize staff to conduct internal and external upgrades to the restrooms at Valley Park, which are in poor condition. Background: Hermosa Avenue Landscaped Medians In March 2019,City of Hermosa Beach Public Works staff replaced landscaping in the center median of Hermosa Avenue from 35th Street to 27th Street with low water use plants that require less maintenance and provide an aesthetic upgrade compared to existing vegetation. Motorists have notified the City that the existing planters and shrubs on Hermosa Avenue center medians South of Pier Avenue obstruct the opening car doors resulting in scratches to car doors (Figure 1).This project would replace shrubs in raised planters on Hermosa Avenue medians City of Hermosa Beach Printed on 6/7/2019Page 1 of 4 powered by Legistar™ Staff Report REPORT 19-0373 doors (Figure 1).This project would replace shrubs in raised planters on Hermosa Avenue medians south of Pier Avenue with low-profile,low water use plants consistent with the abovementioned landscape improvements. Figure 1. Raised planters on Hermosa Avenue medians south of Pier Avenue Valley Park Restrooms Valley Park Restrooms were built in 2002 as part of the Valley Park Improvements project CIP 95-507 that included landscaping and irrigation improvements as well as the construction of the park’s amenities that exist in the park today. The restroom building has a separate single stall male restroom and a two stall female restroom. Both restrooms include a sink.These restrooms are in poor condition and require internal and external upgrades. Analysis: Hermosa Avenue Landscaped Medians The proposed landscaping improvements for Hermosa Avenue medians south of Pier Avenue to Herondo Avenue would beautify the area with low water use,environmentally friendly landscaping, adapted to local coastal environments.This project would also address motorist concerns regarding vehicle accessibility and scratches to vehicle doors. Phase 1 median landscaping improvements were completed in early 2019 from 35th Street to 27th Street on Hermosa Avenue.Phase 2 would continue improvements from 27th Street to Herondo Avenue.The shrubs in the median in the downtown area between 10th Street and 14th Street have previously been removed and are currently filled with seasonal flowers.Landscaping on this portion of Hermosa Avenue would be updated to match the Phase 1 median landscapes. City of Hermosa Beach Printed on 6/7/2019Page 2 of 4 powered by Legistar™ Staff Report REPORT 19-0373 The median landscaping from 14th Street to Herondo Avenue includes the removal of the existing shrubbery including root removal,the preparation of the soil for new plantings,and new plants.The landscaping work will be performed by the existing City’s landscaping contractor,Merchant Landscape Services,Inc.as additional work.Any required irrigation repairs would be performed by the City’s Public Works team. Existing trees would remain in the planters. The estimated funds required to complete Phase 2 median landscaping improvements on Hermosa Avenue is $30,000. Valley Park Restrooms The Valley Park restroom renovations are required due to the age of the restrooms and years of deferred maintenance.The proposed work includes new colored epoxy flooring,new interior and exterior paint,as well as new roof tiles.The work would be performed by contractors that are experts in their fields.The replacement of the restroom fixtures,lights and water bottle filling station would be performed by the City’s Public Works team. The estimated funds needed for the completion of the Valley Park restroom renovations is $35,000. 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 relevant goals to the Hermosa Avenue Landscaping and Irrigation,and to the Valley Park Restroom Renovations are contained within the Land use, Mobility, Parks + Open Space, and Infrastructure Elements: Hermosa Avenue Landscaped Medians Land Use: 6.2 Streetscaping.Proactively beautify existing streetscapes with street trees,landscaping and pedestrian-scaled lighting. Mobility: 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. 2.4 Sustainable landscape.Use consistent and sustainable landscape and streetscape designs that reflect the city’s community identity;showcase local assets and the community’s unique and vibrant culture. City of Hermosa Beach Printed on 6/7/2019Page 3 of 4 powered by Legistar™ Staff Report REPORT 19-0373 Parks + Open Space: 10.3 Green space co-benefits.Recognize the many positive qualities provided by landscaping,trees, and green space including reduced heat gain,controlled stormwater runoff,absorbed noise,reduced soil erosion, improved aesthetic character, and absorption of air pollution. Valley Park Restrooms Parks + Open Space: 1.1 Facility upgrades. Improve and update park and open space facilities on a regular basis. 2.6 Investment and maintenance.Prioritize the investment and maintenance of existing facilities prior to development and expansion of new facilities. Infrastructure: 1.8 Minimize recurring repairs. Ensure that recurring repairs to City facilities are minimized by investing in low maintenance materials and performing preventive procedures where available. Fiscal Impact: If approved, the total amount of $65,000 would be appropriated from the Capital Improvement Fund in 2018-19. Respectfully Submitted by: Lucho Rodriguez, Acting Public Works Director Concur: Kristy Morris, Environmental Analyst Noted for Fiscal Impact: Charlotte Newkirk, Accounting Manager Legal Review:Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 4 of 4 powered by Legistar™ From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Monday, June 10, 2019 11:41 PM To: Ann Yang <anny@hermosabch.org>; City Council <citycouncil@hermosabch.org>; Suja Lowenthal <suja@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.) David Grethen submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) Item: 6f) REPORT 19-0373 HERMOSA AVENUE LANDSCAPING AND IRRIGATION, AND VALLEY PARK RESTROOM RENOVATIONS (Acting Public Works Director Lucho Rodriguez and Environmental Analyst Kristy Morris) eComment: Please clarify during the Staff presentation whether the $30k for Hermosa Ave landscaping includes the entire Phase 2 from Herondo to 27th Street, or only includes the portion south of Pier Ave. The Executive Summary indicates the latter but the Analysis section indicates the former. View and Analyze eComments City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0368 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 CALLING, REQUESTING CONSOLIDATION, AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR HOLDING THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2019 (City Clerk Elaine Doerfling) Recommended Action: The City Clerk recommends that the City Council adopt the five resolutions pertaining to the November 5, 2019 General Municipal Election to: 1.Call and give notice of the election for certain officers and one measure; 2.Request consolidation with the County of Los Angeles; 3.Provide for a special runoff election for elective officers in the event of a tie vote; 4.Set priorities for the filing of direct arguments and direct the City Attorney to prepare an impartial analysis of the measure; and 5.Provide for the filing of rebuttal arguments for the measure. Executive Summary: The City will conduct a General Municipal Election on Tuesday,November 5,2019,for the election of two Members of the City Council,a City Clerk and a City Treasurer,each to an extended term of five years,and for submitting a question to the voters related to making the City Clerk an appointive position. The measure requires a majority vote for passage. Background: The upcoming election is the last of the City’s General Municipal elections to be conducted in November of odd-numbered years.At its November 22,2016 meeting,the Council extended to five years the terms of officers to be elected at the 2017 and 2019 municipal elections in order to accommodate the City’s election-date change to November of even-numbered years as required by Senate Bill 415 and enacted by Hermosa Beach Ordinance No.16-1363,which set November 2022 as the effective date for consolidating the City’s General Municipal Elections with the Statewide General Elections conducted by the County of Los Angeles,at which time the terms of elected officials will return to four years. The ballot measure to change the City Clerk from the elected position it has been since the City’s City of Hermosa Beach Printed on 6/7/2019Page 1 of 4 powered by Legistar™ Staff Report REPORT 19-0368 The ballot measure to change the City Clerk from the elected position it has been since the City’s incorporation to an appointed position was initiated by the City Council at its January 22,2019 meeting,at which time the City Attorney was asked to prepare the ballot question to submit to voters at the November 5,2019 General Municipal Election,which reads “Shall the office of city clerk be appointive?”.The elective City Clerk position will also appear with the other officers on the ballot,as required by law,and the candidate elected by the voters will assume office as City Clerk if the ballot measure fails.The Government Code provides that,if the electors approve the measure,the City Clerk is to be appointed by the City Council,unless the Council enacts an ordinance delegating that function to the City Manager.Said ordinance may be introduced on first reading prior to or after the November election but may not be adopted until after voters approve the measure. Resolutions for Adoption: 1.RESOLUTION NO.19-______-“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,CALIFORNIA,CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 5,2019,FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR SUBMISSION TO THE VOTERS A QUESTION RELATING TO MAKING THE CITY CLERK AN APPOINTIVE POSITION.” 2.RESOLUTION NO.19-_______-“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,CALIFORNIA,REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 5,2019,WITH THE COUNTY OF LOS ANGELES GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE OF THE STATE OF CALIFORNIA.” 3.RESOLUTION NO.19-_______-“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,CALIFORNIA,PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 2019.” This resolution is optional but,if adopted,it must be adopted before Election Day (it has been adopted by previous city councils).If not adopted,in the event that two or more persons receive an equal number of votes and are tied for an elective office,the Council shall determine the tie by lot, pursuant to state law. 4.RESOLUTION NO._______-“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,CALIFORNIA,SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE CITY MEASURE AND DIRECTING THE CITY ATTORNEY City of Hermosa Beach Printed on 6/7/2019Page 2 of 4 powered by Legistar™ Staff Report REPORT 19-0368 ARGUMENTS REGARDING THE CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS FOR THE MEASURE TO BE SUBMITTED TO VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY,NOVEMBER 5, 2019.” This resolution is optional but,if adopted,it must be adopted at the same meeting as the resolution calling the election.The resolution has been prepared to accommodate various options with regard to the arguments.The Council must first decide on whether or not to authorize one or more members of the City Council to file written arguments in favor of or against each of the two measures.The resolution must specify the name(s)of the Councilmember(s)authorized to prepare each argument and whether all members will be invited to sign or whether the argument will be filed with the body (City Council)listed as one of the authors.If there is no authorization for written arguments by the Council,it is recommended that the resolution be adopted with direction to the City Attorney to prepare the impartial analysis. 5.RESOLUTION NO._______-“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,CALIFORNIA,PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019.” This resolution is optional but,if adopted,it must be adopted tonight,at the meeting at which the measure is placed on the ballot.Rebuttal arguments have been authorized by previous city councils. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Governance Element: 1.1 Open Meetings.Maintain the community’s trust by holding meetings in which decisions are being made,that are open and available for all community members to attend,participate,or view remotely. 2.1 Multiple Outreach Methods.Consistently engage in community outreach through neighborhood forums,social media,the latest technologies,personal interaction,and other methods on a regular basis. 2.6 Responsive to Community Needs.Continue to be responsive to community inquiries,providing public information and recording feedback from community interactions. City of Hermosa Beach Printed on 6/7/2019Page 3 of 4 powered by Legistar™ Staff Report REPORT 19-0368 Fiscal Impact: Sufficient funds are appropriated in the 2019-20 Budget to cover the total estimated election costs of $203,000. Attachments: 1. Election Calendar 2. Resolution to call and give notice of election for certain officers and a measure 3.Resolution to request consolidation with the County of Los Angeles 4.Resolution to provide for a special runoff election for elective officers in the event of a tie vote 5.Resolution to set priorities for the filing of direct arguments and direct the City Attorney to prepare an impartial analysis of the measure 6.Resolution to provide for the filing of rebuttal arguments for the measure Submitted by: Elaine Doerfling, City Clerk Noted for Fiscal Impact: Charlotte Newkirk, Accounting Manager Legal Review: Mike Jenkins, City Attorney Concur: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 4 of 4 powered by Legistar™ PRELIMINARY ELECTION CALENDAR FOR HERMOSA BEACH GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2019 June 11 (Tu)- Council to adopt all election resolutions prepared by City Clerk for offices and ballot measures June 25 (Tu)- Deadline for filing impartial analyses and arguments for ballot measures July 5 (F) [8am – 5pm]- Deadline for filing rebuttal arguments for ballot measures July 11 (Th)- City Clerk deadline to publish notice of election July 15 - Aug. 9 (M-F)- Filing period for nomination papers, unless extended (incumbents may pull and file nomination papers only during this time) July 23 (Tu)- Last regular meeting for Council to place additional measure(s) on ballot (Tues. Aug. 6 deadline to submit impartial analyses and arguments; 5pm Fri. Aug. 16 deadline to submit rebuttals) July 31 (F)- Deadline for campaign committees to file semi-annual statements Aug. 9 (F) [5 p.m.]- Deadline to file nomination papers (unless extended) Aug. 14 (W) [5 p.m.]- Extended deadline to file nomination papers (only those offices for which an incumbent did not file by Aug. 7) Aug. 15 (Th) [11 a.m.]- Secretary of State’s alphabet drawing for order of names on ballot Sept. 7 - Oct. 20 (M-Tu)- Filing period for write-in candidates Sept. 26 (Th)- Deadline for 1 st pre-election campaign expenditure statements (for period of July 1 – Sept. 21, 2019) Sept 26 - Oct 15 (Th-Tu)- County to mail official sample ballot booklets to each voter Oct. 7 - Oct. 29 (M-Tu)- Voters may request vote-by-mail ballots from County Oct. 21 (M)- Last day to register to vote in the election Oct. 22 – Nov. 5 (Tu-Tu)- New citizen eligibility to register and vote Oct. 24 (Th)- Deadline for City Clerk to publish certified list of nominees - Deadline for 2 nd pre-election campaign expenditure statements (for period of Sept. 22 – Oct. 19, 2019) Nov. 5 (Tu) [7 a.m. - 8 p.m.] - Election Day Nov. 15 (F) {tentative} - County to complete official canvass and certify election results (Tues. Nov. 19 is tentative date for Board of Supervisors to declare election concluded) Nov. 18 (M) {tentative}- Council to adopt resolution declaring election results - Elected officials to be sworn in and seated Jan. 31, 2020 (F)- Deadline to file year-end campaign expenditure statements (for period of Oct. 18 – Dec. 31, 2019) Page 1 of 3 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 19-xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR SUBMISSION TO THE VOTERS A QUESTION RELATING TO MAKING THE CITY CLERK AN APPOINTIVE POSITION WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2019, for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to making the City Clerk an appointive position. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Hermosa Beach, California, on Tuesday, November 5, 2019, a General Municipal Election for the purpose of electing two Members of the City Council, a City Clerk and a City Treasurer, each to an extended term of five years ending November 2024 (pursuant to Council action on November 22, 2016 in order to accommodate the election date change to November of even-numbered years, as required by Senate Bill 415 and enacted by Ordinance No. 16-1363, which set November 2022 as the effective date for consolidating the City’s General Municipal Elections with the Statewide General Elections conducted by the County of Los Angeles). SECTION 2. The City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: Page 2 of 3 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Shall the office of city clerk be appointive? YES NO SECTION 3. The vote requirement for the measure to pass is a majority vote (50% +1) of the votes cast. SECTION 4. The ballots to be used at the election shall be in form and content as required by law. SECTION 5. The City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. The polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 7. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. Page 3 of 3 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 11. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter it into the book of original Resolutions, and shall make a minute of the passage and adoption thereof in the minutes of the meeting at which the Resolution is adopted. PASSED, APPROVED and ADOPTED this 11th day of June, 2019. _________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:APPROVED AS TO FORM: ____________________________________________________________________ City Clerk City Attorney Page 1 of 3 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 19-xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019, WITH THE COUNTY OF LOS ANGELES GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE OF THE STATE OF CALIFORNIA WHEREAS, the City Council of the City of Hermosa Beach, California, called a General Municipal Election to be held on Tuesday, November 5, 2019, for the purpose of the election of two Members of the City Council, a City Clerk and a City Treasurer, each to extended terms of five years ending November 2024 (pursuant to Council action on November 22, 2016 in order to accommodate the election date change to November of even-numbered years as required by Senate Bill 415 and enacted by Ordinance No. 16-1873, which set November 2022 as the effective date for consolidating the City’s General Municipal Elections with the Statewide General Elections conducted by the County of Los Angeles); and WHEREAS,the City Council is submitting to the voters a question relating to making the City Clerk an appointive position; and WHEREAS,it is desirable that the General Municipal Election be consolidated with the County of Los Angeles General Election to be held on the same date and that, within the City, the precincts, polling places and election officers of the two elections be the same; that the Election Department of the County of Los Angeles canvass the returns of the General Municipal Election; and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the County of Los Angeles General Page 2 of 3 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Election on Tuesday, November 5, 2019, for the purpose of the election of two Members of the City Council, a City Clerk and a City Treasurer, each to extended terms of five years ending November 2024 (pursuant to Council action on November 22, 2016 in order to accommodate the election date change to November of even-numbered years, as required by Senate Bill 415 and enacted by Ordinance No. 16-1373, which set November 2022 as the effective date for consolidating the City’s General Municipal Elections with the Statewide General Elections conducted by the County of Los Angeles). SECTION 2. One measure is to appear on the ballot as follows: Shall the office of city clerk be appointive? YES NO SECTION 3. The vote requirement for each of the measures to pass is a majority vote (50% +1) of the votes cast. SECTION 4. The County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 5. The Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 6. The City of Hermosa Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 8. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Election Department of the County of Los Angeles. Page 3 of 3 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 9. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter it into the book of original Resolutions, and shall make a minute of the passage and adoption thereof in the minutes of the meeting at which the Resolution is adopted. PASSED, APPROVED, and ADOPTED this 11th day of June, 2019. ________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:APPROVED AS TO FORM: ______________________________________________________________________ City Clerk City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 19-xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 2019 WHEREAS, Section 15651(b) of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Section 15651(b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the City, there shall be held within the City a Special Runoff Election to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. SECTION 2. This Resolution shall apply only to the election to be held on November 5, 2019 and shall then be repealed. SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter it into the book of original Resolutions, and shall make a minute of the passage and adoption thereof in the minutes of the meeting at which the Resolution is adopted. PASSED, APPROVED and ADOPTED on the 11th day of June, 2019. _________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach ATTEST:APPROVED AS TO FORM: ________________________________________________________________ City Clerk City Attorney Page 1 of 3 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 19-xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THE CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS FOR THE MEASURE TO BE SUBMITTED TO VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2019 WHEREAS, a General Municipal Election will be held in the City of Hermosa Beach, California, on Tuesday, November 5, 2019, at which there will be submitted to the voters the following measure: Shall the office of city clerk be appointive? YES NO WHEREAS,pursuant to Elections Code Section 9282(b), for measures placed on the ballot by the legislative body, the legislative body (City Council), or a member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against any City measure. WHEREAS,if more than one argument for or against any measure is submitted, Elections Code Section 9287 authorizes the election official (City Clerk) to select the argument for printing and distributing to the voters, giving preference and priority as specified by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council authorizes the following: Page 2 of 3 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Councilmember(s) ________________ (and _____________________) to file a written argument in favor of (or against) the measure to make the office of City Clerk an appointive position, with all Councilmembers invited to sign; and OR Councilmember(s) ___________________ (and _______________________) to prepare a written argument in favor of (or against) the measure to make the office of City Clerk an appointive position and to file the argument on behalf of the entire City Council, which shall be named on the argument as one of the (maximum) five authors permitted by State law; and SECTION 2. The arguments for the measures specified above shall not exceed 300 words and must be accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, and Division 9 of the Elections Code of the State of California. Arguments may be changed or withdrawn until and including the date fixed by the City Clerk (6 p.m. Tuesday, June 25, 2019), after which no arguments for or against the City measures may be submitted to the City Clerk. Arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it or, if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. Arguments shall be accompanied by the “Statement To Be Filed by Author(s) of Arguments.” SECTION 3. The City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, pursuant to Elections Code Section 9280, unless the organization or salaries of the office of the City Attorney are affected. Page 3 of 3 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analyses. b. The analysis shall include a statement indicating that the measure was placed on the ballot by the governing body of the City. c. The impartial analyses shall be filed by the date set by the City Clerk for the filing of primary arguments (6 p.m. Tuesday, June 25, 2019). SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter it into the book of original Resolutions, and shall make a minute of the passage and adoption thereof in the minutes of the meeting at which the Resolution is adopted. PASSED, APPROVED and ADOPTED on this 11th day of June, 2019. ________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: _______________________________________________________________________ City Clerk City Attorney Page 1 of 2 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 19-xxxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019 WHEREAS, Section 9285 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against City measures not to exceed 300 words in length; and WHEREAS,Section 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for City measures submitted at Municipal Elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Sections 9285 of the Elections Code of the State of California, when the elections official (City Clerk) has selected the arguments for and against the measure (not exceeding 300 words each) which will be printed and distributed to the voters, the City Clerk shall immediately send a copy of the argument in favor of the measure to the author(s) of the argument against the measure, and a copy of the argument against the measure to the author(s) of the argument in favor of the measure. The author or a majority of the authors of an argument relating to a City measure may prepare and submit a rebuttal argument not exceeding 250 words, or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it or, if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of Page 2 of 2 19-xxxx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the “Statement To Be Filed By Author(s) of Arguments.” The deadline for filing rebuttal arguments is 5 p.m. Friday, July 5, 2019. (City Hall is closed on Fridays; however, the City Clerk’s office will be open from 8 a.m. to 5 p.m., only for the purpose of accepting rebuttal arguments.) Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. All previous resolutions providing for the filing of rebuttal arguments for City measures are repealed. SECTION 3. The provisions of Section 1 shall apply only to the election to be held on November 5, 2019, and shall then be repealed. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same into the book of original Resolutions of said City, and shall make a minute of passage and adoption thereof in the minutes of the meeting at which the Resolution is adopted. PASSED, APPROVED and ADOPTED on this 11th day of June, 2019. ________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:APPROVED AS TO FORM: _______________________________________________________________________ City Clerk City Attorney City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0388 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 EVALUATION OF THE CITY’S CALIFORNIA CONTRACT CITIES ASSOCIATION MEMBERSHIP AND CONSIDERATION OF MEMBERSHIP WITH INDEPENDENT CITIES ASSOCIATON (City Manager Suja Lowenthal) Recommended Action: Staff recommends that the City Council: 1.Evaluate and provide direction on the City’s membership with California Contract Cities Association (CCCA); and 2.Consider and provide direction on membership with Independent Cities Association (ICA)for FY 2019-20. Background: The City has been a member of CCCA since April 2017.Councilmember Duclos recently attended the CCCA Annual Municipal Seminar in May 2019 in Indian Wells,California.During this time,an altercation took place between two Councilmembers from the City of Commerce concurrent with their attendance at the Annual Municipal Seminar.The altercation descended into a seven-person brawl, leaving one attendee hospitalized.The CCCA Executive Board voted to immediately suspend the agency membership of the City of Commerce until further notice.A similar incident took place at the 2018 Annual Municipal Seminar involving a Councilmember from the City of Compton. Out of concern that these incidents are symptomatic of a larger issue with the organization, Councilmember Duclos requested at the May 28,2019 City Council meeting under “Other Matters” that the City Council bring back an item at a future agenda to consider withdrawing the City’s membership from CCCA (Attachment 1).He also stated that ICA is currently running much better and seems to be a better fit for the City.Councilmember Duclos’request was supported by Councilmember Massey and Mayor Armato. At the September 13,2016 City Council meeting,the Councilmembers voted to withdraw membership from ICA due to concerns that the organization was not being managed well and it was no longer beneficial for the City to continue membership (Attachment 2).The vote to withdraw membership came with the understanding that Councilmembers could still attend ICA Seminars as a City of Hermosa Beach Printed on 6/7/2019Page 1 of 2 powered by Legistar™ Staff Report REPORT 19-0388 membership came with the understanding that Councilmembers could still attend ICA Seminars as a non-member City and that membership to ICA could be re-evaluated in the future. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Governance Element:Goal 4.A leader and partner in the region.As a small community in a large metropolitan region,the City of Hermosa Beach understands and capitalizes on our role and responsibility to collaborate with other agencies and nearby jurisdictions on issues of mutual concern. Policies ·4.1 Regional governance.Play an active role in the South Bay Cities Council of Governments, the Southern California Association of Governments and other regional agencies to protect and promote the interests of the City. ·4.3 Collaboration with adjacent jurisdictions.Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern. Fiscal Impact: Membership dues for CCCA each year is $2,596 and this amount is included in the proposed FY 2019-20 budget.Membership dues for ICA in 2015-16 was $823.This amount has not been included in the proposed FY 2019-20 budget. Attachments: 1. Link to May 28, 2019 City Council meeting discussion (item 8) 2. Link to September 13, 2016 City Council meeting discussion (item 7b) Respectfully Submitted by: Ann Yang, Executive Assistant Noted for Fiscal Impact: Charlotte Newkirk, Accounting Manager Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/7/2019Page 2 of 2 powered by Legistar™ From: Zerunyan, Frank <fzerunya@price.usc.edu> Sent: Sunday, June 9, 2019 8:14 PM To: City Council <citycouncil@hermosabch.org> Cc: Ann Yang <anny@hermosabch.org> Subject: Contract Cities My dear friends and colleagues I am writing to you as past president of a great and unique organization, which to this day supports the most innovative local governance mechanism in the world. As some of you know, I teach and write about this governance mechanism, which allows cities like Rolling Hills Estates and Hermosa Beach to provide a substantial quality of life to our constituents. Not only do we need Hermosa Beach among our ranks but we need to bring more cities like yours into our organization. We are who we are because of great contract cities like yours and mine. We need to be the examples of good local governance and not abandon this great organization which turned 62 years old this year. We have a lot to celebrate together. I am as concerned and as outraged as you are about the past midnight event that occurred at our municipal seminar hotel lobby between several inebriated irresponsible public officials. They denigrated their city, their constituents and embarrassed the rest of us even though their conduct was not during the conference and even though their conduct clearly violated our published code of conduct. At an emergency meeting immediately after the event the executive banned the city and its officials from any CCCA event and suspended the membership of the city pending investigation. While we are respecting the ongoing investigation and due process, you can rest assured that the executive will act in most appropriate way to preserve the good name and integrity of this organization that I served for 16 years and I still love. I am reaching out to you because you are my friends and member of my South Bay family. I would have come to your council meeting to say all this but I have my own council meeting. Feel free to read this into the record. I hope you give your organization a chance to act before you make any decision. I assure you all that we will not disappoint. All the best! Fight on! Frank V. Zerunyan, J.D. LL.D. (hc) Professor of the Practice of Governance Director of Executive Education USC Sol Price School of Public Policy Neely Center for Decision and Ethics Sol Price School of Public Policy 213-740-0036 I 310-971-5219 6/11/19 AGENDA, ITEM 7a - EVALUATION OF CITY'S CCCA MEMBERSHIP AND CONSIDERATION OF MEMBERSHIP WITH ICA SUPPLEMENTAL EMAIL FROM FRANK ZERUNYAN SUBMITTED TO CITY COUNCIL ON 6/9/19 AT 8:14 P.M. City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 19-0378 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 ESTABLISHMENT OF A CITY COUNCIL SUBCOMMITTEE FOCUSED ON THE FIRE STATION REMODEL (City Manager Suja Lowenthal) Recommended Action: Staff recommends that the City Council provide direction regarding the establishment of a City Council subcommittee focused on the fire station remodel project. Executive Summary: The City of Hermosa Beach contracted with Los Angeles County Fire Department (LACoFD)to provide fire and life safety services in fall 2017.As a component of the contract,Los Angeles County Fire is responsible for remodeling the fire station with a budget of $1.8 million.The 2017 Los Angeles County Fire Department agreement for service outlines the remodel scope of work in Schedule 4 Conversion Costs (Attachment 1).Staff from the City of Hermosa Beach and Los Angeles County Fire Department meet monthly to discuss the construction project and will continue to meet throughout the duration of the project. Background: The City of Hermosa Beach contracted with Los Angeles County Fire Department to provide fire services to the community commencing December 31,2017.The first quarter of the transition focused on the fire and life safety services provided to the community.Discussions related to the fire station remodel began in the second quarter. At the May 8,2018 City Council meeting (Attachment 2),Councilmember Massey proposed as an “Other Matters”item the creation of a fire station construction subcommittee to assist with the management of design and construction of the new fire station. In June 2018,the Fire Station Construction team,composed of staff from the City and Los Angeles County Fire Department,began meeting monthly to monitor the progress of the project,address concerns,and ensure the least amount of impact on the community and staff during construction. These meetings are held monthly on the third Tuesday at 2 p.m. in City Council Chambers. City of Hermosa Beach Printed on 6/6/2019Page 1 of 4 powered by Legistar™ Staff Report REPORT 19-0378 Progress related to the fire station construction was included in the second quarter update of the Los Angeles County Fire and McCormick Ambulance report provided at the July 24,2018 regular City Council meeting.The three subsequent quarterly updates have included information regarding the status of the project. At the September 25,2018 City Council meeting (Attachment 3),Mayor Pro Tem Stacey Armato stated that a discussion regarding the formation of a fire station construction subcommittee will need to return to City Council for consideration. In October of 2018,the City Manager’s Office invited and encouraged City Council to attend the monthly meetings in lieu of creating a Council subcommittee due to the approved scope of work and limited design options. An information item was submitted to City Council on February 27,2019 which included the proposed timeline, scope of work and designs. Staff continues to meet to discuss the project and anticipates the start of construction to begin in early July. Discussion: City staff has been meeting monthly with Los Angeles County Fire department staff to discuss the fire station construction project.The meetings have provided staff an opportunity to discuss the remodel of the existing fire station,identify any areas of concern,and plan for and mitigate potential construction-related impacts to City operations.The fire station will be restored to its original single- story design accommodating five dorm rooms,an office,kitchen,and ADA restrooms.The interior design was approved by the Los Angeles County Fire Union based on negotiated contract terms.The second-story will be removed,and a new roof will be installed which will be capable of accommodating the installation of solar panels in the future,should Council approve a future project of this scope.Communications equipment located on the roof will be installed in a location to ensure maximum space for solar panels.The electrical system will be upgraded and seismic retrofit measures will be implemented.In addition to design,staff has been identifying and working through potential impacts of construction on operations, City staff and residents. The Los Angeles County Fire Department has worked with its architectural firm to complete the construction plans.All plans have been reviewed and approved by the Hermosa Beach Community Development department.LACoFD has selected a contractor as part of the job order contract process through the County.In May,the contractor and subcontractors conducted job walks of the current station to identify all needs,timeline,potential challenges,and impacts of construction to include in the bid for the project. City of Hermosa Beach Printed on 6/6/2019Page 2 of 4 powered by Legistar™ Staff Report REPORT 19-0378 Currently,the contractor and the County Internal Services Department are negotiating the proposed bid submitted by the contractor with an anticipated completion of negotiations within three weeks from the start date.Concurrently,the Los Angeles County Board of Supervisors (BOS)letter, approving the contractor and job order contract process,has been signed by the Los Angeles County Fire Chief and submitted to the Board of Supervisors for approval.The letter is required because the funding for the project was secured during the annexation agreement negotiation process.The approval is anticipated to be completed by the end of June 2019.It will take one week to provide a notice to proceed to the contractor,who will then be able to start the demolition of the second story and interior of the station.Although the plans have been approved by the Community Development Department (Community Development),the contractor can secure permits only after receiving the Notice to Proceed from the County.The County has received the permit checklist with the remaining items needed to secure permits,therefore,when the contractor receives the notice to proceed, Community Development can process the permit request without delay. The next fire station construction meeting is scheduled for June 18 at 2 p.m.Depending on the status of contractor negotiations and BOS letter of approval,this meeting may be the pre-construction meeting.If not,another meeting will be scheduled towards the end of the month between LACoFD, City of Hermosa Beach,and the contractor which will serve as the pre-construction meeting allowing staff to receive the final estimated construction timeline and finalize the plans to minimize impacts to staff and the community during the construction.The anticipated construction start date is the week of July 8,avoiding any inconveniences during the Fourth of July holiday.Once demolition commences,LACoFD will have a camp crew remove the landscape in front of the station.LACoFD will work with City staff to develop a landscape plan adhering to City specifications,which should be installed by the end of January 2020. Staff anticipates that construction will take about four months noting that the timeline may change depending on unforeseen challenges during construction.The goal is to have the firefighters reoccupy the station and close out the project by the end of January 2020,which provides two months in the timeline for unanticipated challenges and/or delays.City and LACoFD staff will continue to communicate throughout the construction process as well as continue to meet monthly to address any needs that arise and to discuss any changes to the timeline. There are two items that will return to City Council for consideration as it relates to this project: 1.Microgrid installation:Staff will return to City Council to discuss a potential microgrid project that will include the fire station.There will be three possible project options for Council consideration. 2.Removal of the temporary station:Staff will return to Council for direction concerning the removal and disposition of the temporary fire station quarters along with the parking lot repairs. City of Hermosa Beach Printed on 6/6/2019Page 3 of 4 powered by Legistar™ Staff Report REPORT 19-0378 City staff and Los Angeles County Fire Department have worked closely to ensure that concerns regarding the remodel of the station and any construction-related impacts to the community have been addressed.Therefore,staff requests Council direction regarding the establishment of a Council subcommittee related to the fire station construction project. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: 1.2 Strategic Planning:Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs. 6.3 Invest in Critical Facilities:Invest in public and critical facilities to make them more resilient to the potential impacts of natural disasters. Fiscal Impact: Although there are no direct costs, indirect costs such as staff time are associated with this action. Attachments: 1.Los Angeles County Fire Department Agreement for Services Schedule 4 Conversion Costs. 2.Link to May 8, 2018 City Council Meeting 3.Link to September 25, 2018 City Council Meeting 4.Link to February 27, 2019 Update on Fire Station Construction Information Item Respectfully Submitted by: Brandy Villanueva, Emergency Services Coordinator Noted for Fiscal Impact: Charlotte Newkirk, Accounting Manager Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 6/6/2019Page 4 of 4 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0379 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 2019 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES City of Hermosa Beach Printed on 6/7/2019Page 1 of 1 powered by Legistar™ City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 19-0380 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 11, 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 6/7/2019Page 1 of 1 powered by Legistar™ June 6, 2019 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council June 11, 2019 TENTATIVE FUTURE AGENDA ITEMS JUNE 25, 2019 @ 6:00 PM MEETING CANCELLED WEDNESDAY, JULY 3, 2019 @ 6:00 PM NO STUDY SESSION DUE TO JULY 4TH HOLIDAY JULY 9, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION JULY 9, 2019 @ 7:00 PM PRESENTATIONS RECOGNIZING HERMOSA TORTUGA ORGANIZATION - TENTATIVE RECOGNIZING SURFERS WALK OF FAME EVENT VOLUNTEERS MISCELLANEOUS ITEMS AND REPORTS – CITY MANAGER Verbal update on 4th of July from Police Chief and Fire Chief CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue Report, Expenditure Report and CIP Report by Project for May 2019 Finance Director Ongoing City Treasurer’s Report and Cash Balance Report for May 2019 City Treasurer Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of May 7 and June 10, 2019 Community Resources Manager Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of June 18, 2019 Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Approval of Final Map No. 76050 at 821 Loma Drive for a 2-unit Condo Community Development Director Staff Request May 30, 2019 Approval of Final Map No. 74590 at 545 8th Street for a 3-unit Condo Community Development Director Staff Request Jun 6, 2019 Approval of Final Map No. 74670 at 1706 Manhattan Avenue for a 2-unit Condo Community Development Director Staff Request Jun 6, 2019 Award of Contract for Stormwater Consulting Services Environmental Analyst Staff Request May 29, 2019 PUBLIC HEARINGS – 7:30 PM Public Hearing to review delinquent solid waste collection (refuse) charges for consideration of placing said charges on the property tax rolls as a special assessment. The assessment would affect only those properties with refuse bills delinquent as of March 31, 2019 City Manager Annual Public Hearing – Hermosa Beach Landscaping and Street Lighting District Fiscal Year 2018-19 Acting Public Works Director Annual City Council review and reconsideration of the Planning Commission decision to approve a request to expand an outdoor dining area by 774 square feet, closing at 11:00 PM daily, and deactivating an equivalent area of indoor restaurant space and to provide tandem parking with valet services in conjunction with an existing late-night on-sale general alcohol establishment (Slater’s 50/50 Restaurant) at 3-11 Pier Avenue, and determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) Community Development Director Staff Request May 30, 2019 2 JULY 9, 2019 @ 7:00 PM INITIAL DATE (CONTINUED) MUNICIPAL MATTERS Consideration of direction to the Downtown Enhancement Subcommittee or other subcommittee, to develop an ordinance for City Council approval to reduce and eliminate the sale and use of single use plastics in hermosa beach. (Supported by Massey, Duclos, Campbell and Armato) Environmental Analyst Other Matters Nov 27, 2018 Mar 12, 2019 Removal of the Joint Trash Compactor in Parking Lot A and requirement of individual containers and enclosures for Pier Plaza businesses Environmental Analyst Staff Request Apr 17, 2019 Recommended Updates to the Special Event Policy Including the Special Event Fee Waiver Policy Community Resources Manager Council Direction 2018 Measure H Grant Acceptance Assistant to the City Manager Staff Request Dec. 17, 2018 Award of Contract for On-Call Traffic Engineering Services Acting Public Works Director Staff Request June 2018 MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Councilmember Massey provides update on his attendance at the CCA Symposium on June 21, 2019 in Irvine, California Councilmember Massey Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing 3 THURSDAY, JULY 18, 2019 @ 6:00 PM JOINT MEETING WITH ALL BOARDS AND COMMISSIONS JULY 23, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION JULY 23, 2019 @ 7:00 PM PRESENTATIONS LOS ANGELES COUNTY FIRE SERVICES AND MCCORMICK AMBULANCE QUARTERLY UPDATE UPDATE FROM VECTOR CONTROL DELEGATE JIM FASOLA 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 July 16, 2019 Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of May 15, 2019. Acting Public Works Director Ongoing Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of May 6, 2019 and July 8, 2019 Emergency Management Coordinator Ongoing MUNICIPAL MATTERS Document Retention Policy City Clerk Staff Request Nov. 28, 2018 MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Mayor Armato provides update on her attendance at the ICA Summer Seminar from July 12-14, 2019 in Carlsbad, California Mayor Armato 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, AUGUST 7, 2019 @ 6:00 PM NO STUDY SESSION DUE TO SUMMER BREAK (DARK) TUESDAY, AUGUST 13, 2019 NO COUNCIL MEETING DUE TO SUMMER BREAK (DARK) 4 AUGUST 27, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION: QUARTERLY LITIGATION UPDATE AUGUST 27, 2019 @ 7:00 PM PRESENTATIONS RECOGNITION OF HERMOSA BEACH POLICE DEPARTMENT BY HAWTHORNED POLICE CHIEF MICHAEL ISHII RECOGNIZING COMMUNITY SERVICES OFFICER CHRIS AVILES FOR HIS LIFE SAVING ACTIONS 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 August 20, 2019 Community Development Director Ongoing Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of July 2, 2019 Community Resources Manager Ongoing South Bay Workforce Investment Board Quarterly Summary City Manager Quarterly MUNICIPAL MATTERS Short Term Vacation Rentals in Commercial Zones Community Development Director Staff Request Jan. 22, 2019 MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS – CITY COUNCIL Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates Councilmembers Ongoing Award of Contract for the Community Theater Needs Assessment Community Resources Manager Council Direction OTHER MATTERS – CITY COUNCIL Tentative Future Agenda City Manager Ongoing 5 WEDNESDAY, SEPTEMBER 4, 2019 @ 6:00 PM STUDY SESSION: EMERGENCY MANAGEMENT TRAINING (TENTATIVE) SEPTEMBER 10, 2019 @ 6:00 PM INITIAL DATE CLOSED SESSION SEPTEMBER 10, 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 August 6, 2019 Community Resources Manager Ongoing PUBLIC HEARINGS – 7:30 PM Consideration of a Resolution approving a Certificate of Appropriateness for alterations to the Bijou Building, a historical landmark, for tenant improvements to the interior of the commercial space at 1221 Hermosa Avenue, Suite 101 (formerly Bijou Theater and office) Community Development Director Staff Request May 30, 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 6 PENDING STRATEGIC PLAN ITEMS STATUS / TENTATIVE MEETING DATE Update Personnel Policies Human Resources Manager Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager On hold by Council Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst CCA Direction, Dec. 2016 Environmental Analyst PENDING NEW ITEMS STATUS / TENTATIVE MEETING DATE 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) Initiated by: Other Matters Feb. 9, 2016 Acting Public Works Director Tree ordinance with respect to tree removal Initiated by: Staff Request Dec. 2016 Acting Public Works Director July-August 2019 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) Initiated by: Other Matters Feb. 14, 2017 Acting Public Works Director Policy discussion regarding city responsibilities and expectations when donations are made to city Initiated by: Council Direction May 24, 2017 Finance Director Will be discussed at the Budget Revenue Strategy Study Session in July 2019 Consideration of a position letter on federal gun control legislation (supported by Fangary, Armato and Massey) Initiated by: Other Matters Mar. 27, 2018 Assistant to the City Manager On hold by Council Parking Lot D (Manhattan Ave and 14th Street) Final Designs Initiated by: Staff Request Aug. 2018 Environmental Analyst Consent for use of “Lot B” for construction staging area for Pier/Strand project Initiated by: Staff Request Dec. 17, 2018 Community Development Director In advance of Planning Commission Final EIR/Project Considerations (Approx. July 2019) Resolution adding Ballot Measures for November 2019 Election (1. TOT Increase, 2. Tax on Plastics) Initiated by: Council Direction March 9, 2019 Assistant to the City Manager Could be discussed at the Budget Revenue Strategy Study Session in July 2019 Bicycle Diversion Program (Traffic School for Bicyclists) South Bay Pilot Program SBBC SBBC •01.01.2016:AB 902 was passed giving each city in California the option to adopt a Bicycle Diversion Program. •2017: South Bay Bicycle Coalition (SBBC) began promoting a Bicycle Diversion Program in the fourteen cities in the South Bay. •01.01.2018: The South Bay Superior Traffic Court launched a Pilot Bicycle Diversion Program SBBC Background Why We Need a Bicycle Diversion Program •Bicyclists receiving a traffic citation should be able to attend traffic school, just like motorists have been able to for decades. •There are limited education opportunities for bicyclists, unlike motorists. •Newer bicyclists often learn bad habits from more experienced bicyclists. •Better educated bicyclists will make smarter and safer decisions on the roadways . SBBC How will a Police Officer’s role change? •When issuing a traffic citation, they will provide the bicyclist with a card showing the NEW “Traffic School” option. SBBC Traffic School for Bicyclists •A three hour+ class taught by Certified Bicycle Instructors. •Local law enforcement officers have participated in the development of class material. •The class covers the rules of the road as well as safety tips for bicyclists. •Attendees will receive a Certificate of Completion to provide to the Traffic Court so their citation can be dismissed. SBBC SBBC Current Status Since Bicycle Safety Classes were implemented 15 months ago: •Over 200 bicyclists have attended a Bicycle Safety Class. •Comments from RB Police & Mayor: fewer complaints from the public and safer behavior by bicyclists. •The Court is currently evaluating whether to expand the South Bay Pilot Program. •01.01.2019, AB 3011: Diversion Program for children given a citation for not wearing a helmet on a bike, scooter, skateboard, or skates. •Q&A……