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2000 JUN 06 CC PACKETGtR Y 0& AGE 1 EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by subnuthng a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, June 6, 2000 - 5:00 P.M. Next Resolution # 4164 Next Ordinance # 1318 5:00 PM Session CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move Into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sec ) for the purposes of conferring with the City's Real Property Negotiator, and/or confemng with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) u'li 1 City of El Segundo v Bd of Airport Commissioners, et al , LASC Case No BC 220609 2 Ralston v El Segundo, LASC Case No YC 036223 3 Hill v El Segundo, USDC No CV 98- 1463- LGB(SHX) 4 Valone Williams v Bnan D Evanski, et al, LASC Case No 99CO2571 5 Venegas v El Segundo, LASC Case No BC207136 6 In re Randall's Island Family Golf Centers, Inc , U S Bankruptcy Court, Southern Distnct of New York, Case No 00 -41065 7 City of El Segundo v Stardust, LASC Case No YC031364 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b). -I- potential case (no further public statement is required at this time), Imtation of litigation pursuant to Gov't Code §54956 9(c) -3- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) —None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — City Representative Mary Strenn and Richard Kopenhefer Employee Organizations City Employees' Association, Supervisory & Professional Employees' Association, El Segundo Firefighters' Association, El Segundo Police Officers' Association, and all unrepresented employees CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None 0 oz GtR Y 0 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such Item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 6, 2000 - 7:00 P.M. Next Resolution # 4164 Next Ordinance 41318 7:00 PM Session CALL TO ORDER INVOCATION — Rev Julie Elkins, United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs PRESENTATIONS — (a) Proclamation declaring June 6, 2000 as The Aerospace Corporation Day in El Segundo, to commemorate the company's 40th anniversary and commending the skilled employees of The Aerospace Corporation for their role in our nation's defense - related space systems and other vital government programs 003 (b) Proclamation declaring June 17, 2000 as VOLUNTEER RECOGNITION DAY in the City of El Segundo, recognizing the contributions of those who volunteer services on behalf of the City, and inviting the City's volunteers to a celebration in their honor on Saturday, June 17, 2000 from I I :00 a.m to 2.00 p m. at Chevron Park. ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalfofanother, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item ant on the agenda The Council well respond to comments after Public Communications is closed Request by the U S. Department of the Air Force for a mechanism to facilitate arrangements with private parties to obtain new, seismically secure buildings on the Los Angeles Air Force Base and options to capture a tax increment to close the gap between the value of the land and the cost of replacement facilities Recommendation — Discussion and possible direction to staff. Request by Habitat for Humanity, South Bay -Long Beach, for five minutes to inform Council about a meeting to be held on June 13 at 6 30 p in at the El Segundo United Methodist Church and to recruit volunteers for assistance in a project to build homes in the Wilmington area A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - Discussion and Introduction of an Ordinance amending certain Sections of Chapter 3 06 of the El Segundo Municipal Code, entitled Business Attraction Program Recommendation — Introduction of an Ordinance amending certain Sections of Chapter 3.06 of the El Segundo Municipal Code, entitled Business Attraction Program. Dog Park Rules Ordinance Recommendation — Approve Ordinance. C. UNFINISHED BUSINESS — NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Review of Golf Course issues Recommendation — Accept Committee report. 004 E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Warrant Numbers 2510178- 2510560 on Register No 16 in total amount of $1,402,762 15, and Wire Transfers in the amount of $1,244,729 40 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 05/06/00 to 05/26/00. City Council meeting minutes of May 6 -9, 2000, May 15, 2000 and May 16, 2000 Recommendation - Approval. Approval of contract for Community Development Block Grant (CDBG) management services with Tina Gall and Associates for approximately $16,000 for CDBG fiscal year 2000/2001 and a maximum of 10% of each year's allocation for the subsequent two years, and LDM Associates for approximately $35,400 for CDBG fiscal year 2000/2001 and a maximum of 20% of each year's allocation for the subsequent two years for the Minor Home Repair Project ($8,400) and the Residential Sound Insulation Project ($27,000) Contract penod July 1, 2000 through June 30, 2003 Recommendation — Approve Contract and authorize the Mayor to execute. Approval of contract with Willdan Associates for providing a temporary License Permit Specialist total cost not to exceed $39,600 Recommendation — Approve Contract and authorize the Mayor to execute. 10 Amendment to a professional service contract with Robert Bem, William Frost & Associates (RBF) for additional environmental services to prepare a Mitigated Negative Declaration of Environmental Impacts for the proposed El Segundo Media Center project on the 46 -acre former Rockwell International property bounded by Mariposa Avenue, Nash Street, Atwood Way, and Douglas Street The amount to be paid to the Consultant under this amendment is $16,70000 The applicant of the project is responsible for the full amount Recommendation — Approve an Amendment to Contract No. 2762 with RBF to prepare a Mitigated Negative Declaration. 11 Adoption of plans and specifications for the Grand Avenue rehabilitation project between Main and Maryland Streets — Proi ect No PW 99 -6 (estimated cost = $170,000) Recommendation — Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids. 12 Consideration of extension to street sweeping contract with Nationwide Environmental Services for an additional three (3) years at the same rate Annual fiscal impact = $94,560 Recommendation — Authorize staff to prepare a three (3) year contract extension agreement to Contract No. 2347A for the Mayor's signature. 005 13 Rejection of bids received for the rehabilitation of Sanitary Sewer Pump Station No 13 (Protect No PW 00 -1) and authorization for staff to re- advertise the nroiect Recommendation — Reject bids received and authorize staff to re- advertise the project for receipt of construction bids. 14 Consideration of a Resolution from the South Bay Task Force requesting the City of El Segundo to support the Task Force's efforts to mitigate noise impacts resulting from LAX by promoting the development of other airport sites, supporting legislative efforts and addressing environmental justice issues Recommendation — Approve the resolution prepared by the South Bay Task Force. 15 Three Professional Service Agreements to implement federal Community Development Block Grant (CDBG) public service activities between the City of El Segundo and the South Bay Youth Project (Juvenile Diversion); Daniel Freeman Manna Hospital (Home Delivered Meals), and, Just Right Help, Inc (Senior In -Home Services), respectively Contract amounts South Bay Youth Project - $16,000, Daniel Freeman Marina Hospital - $9,500, Just Right Help, Inc - $19,500. Contract period July 1, 2000 through June 30, 2003, for each Recommendation — 1) Authorize an appropriation of $16,000 for South Bay Youth Project; $9,500 for Daniel Freeman Marina Hospital; and $19,500 for Just Right Help, Inc. from the 2000 -2001 annual CDBG Public Service allocation (a maximum limit of 15% or $16,743), and City General Funds from the 2000 -2001 Fiscal Year budget (in an amount not to exceed $28,257); and the same amounts for each agency for the subsequent two contract years (2001- 2003). 2) Authorize the Mayor to execute said Agreements. 16 Director of Finance to serve as Treasurer /Auditor of the South Bay Cities Council of Governments (SBCCOG). Recommendation — Receive and file report. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — 17 Adoption of a Resolution naming the beach between Grand Avenue south to the El Porto Jetty, El Segundo Beach Recommendation — Adopt Resolution. 18 Purchase a portable sink for the Farmers Market and other city special events per Health Department guidelines and requirements Recommendation - Approve purchase order and authorize appropriation from the Associated Recreation Fund account. 006 19 Authorize staff to solicit proposals for professional engineering services for the reconstruction of Storm Water Pump Station No 16, located at the intersection of Eucalyptus Drive and Holly Avenue (estimated cost of services in fiscal year 1999 -2000 = $20.000) Recommendation — Authorize staff to solicit proposals. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS - Council Member McDowell — 20 Request Council consensus to cancel July 5, 2000 Council meeting Recommendation — Discussion and possible action. Council Member Gaines - NONE Council Member Wernick - NONE Mayor Pro Tem Jacobs - NONE Mayor Gordon — NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalfof another, and employees speaking on behalfof them employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS — Adjournment in memory of Marione Demmer, mother of Susan Gaines CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et seg ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5 00 p in , June 6, 2000 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) 007 ADJOURNMENT POSTED DATE S /'3 TIME NAME 060600ag r,ng DEPARTMENT OF THE AIR FORCE HS^000ASTV" SPACS AND WOOKf SYSTWO COMM" t"'ACI LOS ANOSLSS. CA MAY 0 5 2000 SMC /CC 2420 Vela Way, Suite 1467 El Segundo CA 90245 -4659 The Honorable Mike Gordon Mayor of El Segundo 350 Main Street El Segundo CA 90245 Dear Mayor Gord9fi W) As you know, we have been working with your staff on a project that would allow the Air Force to enter into arrangements with private parties to obtain new, seismically secure buildings on Los Angeles Air Force Base While there are several ways such an arrangement can be structured, the concept your staff and we believe to be•the best option is based on capturing a tax increment to close the gap between the value of our land and the cost of replacement facilities Given that this concept was based on Air Force - generated assumptions, I ask for your assistance in confirming the feasibility of such a strategy. The Air Force will not be allowed to issue a solicitation unless there is a mechanism to place that has a good chance of closing the gap I look forward to hearing from you conceming the participation of the City of El Segundo in this concept Sincerely E GENE L. TATTINI Lieutenant General, USAF Commander 0 00 1 MAY -25 -00 01:51 PM HABITAT FOR HUMANITY SBi 5624274663 P.01 Habitat for Humanity South; Bay -Long Beach 4320 Atlantic Avenue, Suite 216 • song Beach, California 90807 • (562) 427-HOME (4663) • Fax (5621 427 -1745 Cathy Dornanr, City Clerk City or El Sogando 350 Blain St, F I Segundo, CA 90245 May 25,1000 j Dcar h1s Domarin. Habitat for Humanity, South Bay I Long Beach respect fully roquests a Ill ve -minute spot on the June 6 City ouned agenda to Inform council mere 3 about a meeting we plan to hold at 6 30 p in , June 13 at tho Ft Segundo United btethndist Church at 540 Man St This meeting will help fs recruit El Segundo residents for one of the most exciting projects ever undertaken by our Habitat for Humanity affiliate In Daoembar, we plan to blitz build 20 homes in the Loa Angeles Harbor community of Wilmington "Hollywood for Habl4d' a group of movie stars, writers, producers and studio executives, Is coming togblhcr to sponsor and build the homes Several top -name stars have already promised to be there for the build To pul! :ogether a project of tHs magnitude, we need hundreds o£volunteen working behind the scenes to plan the cent, then hundreds more on the site during construction of the homes j Most people are aware of Hdbiud for Humanity international and know that Jimmy Carter Is Its most hmous volunteer But many people do not know there is a local affiliate here to serve their community While the South Bay / Long Beach afrilat has not (yet) built d home in El Segundo, we are eager to work with the local residents, corporations, the faith community nno�the city Just a bit of history about Hab uu for Humanity — Habitat International was founded in 1976 with a mission to end po erty housing With the help of volunteer labor, donated materials and cash contributions from individual,, corporations an I faith orgdwations, Habitat is able to Ocr no-cost, no-interest loans to families who would never qualify for conventional iome loans The families work slde -by -side th voluntecn to build their homes, Their mortgage payments, which are no more tit in I/3 of their monthly salary, go back Into the rcvohing Fund for Humanity, which helps build homes for other families In tlys way, Habltdi offers families a hand up,'not a hand out T oday, there are more than 1,900 I labttat affiliates in more than 60 countries worldwide. Tlds year, Habitat is set to bµlld Irs 100,000" house In the U S., Habitat Is the 15" largest homebutlder The South Bay ( long Beach affiliate has built I} homes since its founding to 1990, We plan to raise $10 million to build or rehabilitate 80 homes over the neat five years. Please ice! free to contact me If you need additional mformmion prior to the meeting. Thank you for this opportunity 4o reach out to) our wmmurit) Sincerely, Caroline Brady -Smco Director of Corporate and Community Relations Habitat for Humanity South Bay / long Beach K G1D EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING Special Order of Business AGENDA DESCRIPTION: Discussion and Introduction of an Ordinance amending certain Sections of Chapter 3 06 of the El Segundo Municipal Code, entitled Business Attraction Program RECOMMENDED COUNCIL ACTION. Introduction of an Ordinance amending certain Sections of Chapter 3.06 of the El Segundo Municipal Code, entitled Business Attraction Program BACKGROUND & DISCUSSION: At the February 1, 2000 Council Meeting, Council directed that staff review and bring back to Council a draft Ordinance amending the City's Business Attraction Program, El Segundo Municipal Code Section 3 06 010. et se , to provide for City Council, rather than City Manager approval of the monetary incentives available to eligible businesses under the Program At the April 18, 2000 Council Meeting, Council Member McDowell presented a draft of an Ordinance amending the Business Attraction program as described above. The City Attorney has added a provision to Council Member McDowell's draft Ordinance that provides that businesses seeking incentives under the Program that also need a land use approval which is subject to City Council review, can only have their request for an incentive reviewed by the Council concurrently with, or subsequent to, the Council's hearing on the land use application The City Attorney is of the opinion that it may be unlawful for the Council to review an incentive under the Program prior to the hearing on a land use application that may come before the Council ATTACHED SUPPORTING DOCUMENTS. Draft Ordinance FISCAL IMPACT- N/A Mark Hensley, City Attorney DATE- 5/25100 0 REVIEWED BY: Mary S renn, City Manager DATE: Z7Oi 3 011 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING CERTAIN SECTIONS OF CHAPTER 3.06 OF THE EL SEGUNDO MUNICIPAL CODE, ENTITLED BUSINESS ATTRACTION PROGRAM THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The following sentence is hereby added to end of Section 3 060 030 of the El Segundo Municipal Code "3 060 030 BUSINESSES ELIGIBLE FOR INCENTIVES" "In the event a businesses that is seeking an incentive under this Chapter needs a land use approval which is subject to City Council review, the Council shall only consider the request for the incentive concurrently with or subsequent to the Council's review of the land use application; or, in the event City Council's potential review of the land use application is only by way of appeal and no appeal is timely filed, subsequent to the expiration of time to file the appeal. " ORDINANCE NO BUSINESS ATTRACTION PROGRAM PAGE NO 1 0 12 SECTION 2. The first sentence of Section 3 06 060 of the El Segundo Municipal Code is hereby amended to provide as follows: "3 06 060 UTILITY USERS TAX CREDIT" "The City Council, by resolution, may approve a tax credit agreement which grants to a new business a credit on the utility users tax imposed by the City for a period not to exceed three years following the date of the agreement or such longer term as determined pursuant to subsection (c) of Section 3 06.030 " SECTION 3. Subsections (a) and (b) of Section 3 06.070 of the El Segundo Municipal Code are hereby amended to provide as follows- "3 06.070 PLANNING AND BUILDING FEE AGREEMENTS "(a) The Director of Community, Economic and Development Services, or his or her designee, is hereby authorized to negotiate an agreement which reduces the planning and /or building fees applicable to a project developed by a business in an amount not to exceed fifty percent (50 %) of the fees imposed. The fee reduction shall only apply to projects specified in the agreement. Said agreement shall be approved by resolution of the City Council " "(b) The Director of Community and Economic Development Services, or his or her designee, is hereby authorized to negotiate an agreement which establishes a timetable for the completion of the review, approval and inspection process conducted by the City in connection with a project developed by a business. Under said ORDINANCE NO BUSINESS ATTRACTION PROGRAM PAGE NO 2 013 agreement, the planning and /or building fees applicable to the project shall be refunded and /or waived if the failure to meet the timetable is solely caused by City Inaction The fee refund and /or waiver shall only apply to the project specified In the agreement Said agreement shall be approved by resolution of the City Council." SECTION 4. SEVERABILITY If any section, subsection subdivision, paragraph, sentence, clause, or phrase of this ordinance Is for any reason held to be Invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance or any part thereof The El Segundo City Council hereby declares that it would have passed each and every section, subsection, paragraph, sentence, clause, or phrase, Irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 5. EFFECTIVE DATE This ordinance shall become effective 30 days after its adoption SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered In the book of original ordinances of said city; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the ORDINANCE NO BUSINESS ATTRACTION PROGRAM PAGE NO 3 014 passage or adoption thereof cause the same to be published or posted to accordance with the law PASSED, APPROVED AND ADOPTED this _ day of , 2000 Mike Gordon, Mayor City of El Segundo, California STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that the foregoing Ordinance No was regularly introduced an placed upon its first reading at a regular meeting of the City Council on the day of 2000 That thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2000, by the following vote, to wit AYES. NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk (SEAL) APP VED AS TO FORM: Mark Hensley, City Attorne ORDINANCE NO BUSINESS ATTRACTION PROGRAM PAGE NO 4 015 EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Dog Park Rules Ordinance RECOMMENDED COUNCIL ACTION: Approve Ordinance BACKGROUND & DISCUSSION: The El Segundo Dog Park is open to the public and is very popular with the community Park rules were developed by staff and reviewed by the Recreation and Parks Commission and the City Attorney Staff recommends that an ordinance be created and incorporated into our Municipal Code to memorialize the regulations and empower law enforcement and County Animal Control to enforce the park rules ATTACHED SUPPORTING DOCUMENTS. Draft Dog Park Rules Ordinance FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: , City Manager No and Parks Director DATE: DATE: s //v Yl 016 ORDINANCE AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 8.12 OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING SECTION 8.12.160 RELATING TO DOG PARK RULES THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 Chapter 8.12 of the El Segundo Municipal Code is hereby amended by adding thereto Section 8 12.160 which Section shall read as follows* 8 12 160 EL SEGUNDO DOG PARK RULES Owners and /or handlers shall be in attendance with dogs during the use of the Dog Park The Dog Park shall be open from dawn to dusk, seven days a week The following rules shall be in force: (1) Aggressive dogs are not allowed in the park; (2) No food in the park/don't feed dogs in the park; (3) Owners must supervise and clean up after dogs; (4) Children under 12 years of age must be supervised by an adult, (5) Dogs must be at least 4 months old and vaccinated; (6) Dogs in heat are not permitted; (7) No spiked collars; (8) No bikes, roller blades, roller skates, strollers or similar items allowed in the park; (9) Owners must have a leash available at all times; (10) Parking regulations must be obeyed; (11) Dog owners are liable for any injuries or damage caused by their dog(s), (12) All dogs must be currently licensed; (13) Professional dog trainers are not allowed to conduct training on site. (14) No person may bring more than 3 dogs to the park at one time. The following behaviors must be stopped immediately. (1) Prolonged growling; (2) Mounting or pinning of other dogs. In the case of an emergency 911 shall be called. SECTION 2. This Ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. ORDINANCE NO ESMC SECTION 8 12 160, DOG PARK RULES PAGE NO 1 017 SECTION 3 The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a not of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted, and shall within 15 days after the passage or adoption thereof cause the same top be published or posted in accordance with the law PASSED, APPROVED AND ADOPTED this _ day of 2000 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of 2000, and duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2000, and the same was so passed and adopted by the following vote: AYES - NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM- Mark D. Hensley, City Attorne ORDINANCE NO ESMC SECTION S 12 160, DOG PARK RULES PAGE NO 2 GIB EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Committee Report AGENDA DESCRIPTION: Review of Golf Course Issues RECOMMENDED COUNCIL ACTION: Accept Committee Report BACKGROUND & DISCUSSION: The Council directed staff to convene a meeting of the Golf Course Sub- Committee to discuss upcoming Issues. The sub - committee meeting was scheduled for June 1st, and staff will present Council with the committee's recommendations ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget. Amount Requested, Account Number: Project Phase: Appropriation Required: Greb �6*son, Recreation and Parks Director DATE: DATE: May 25, 2000 S /// Od 5 Leg } @ � �( k § § §] w � 0 { }�!k ( (�kk$ ! §f!! } / } \\ ] ƒ |/! `!'!| ` /(|§ t[!} } \)! !| ` k ƒ \% ¥; \ j 0. \\ |[$) } ■!!!!r�!!!l;;�za,35,l,! ) - 4 § ;■ ; |§ §|!/ |t;K�!!- ■§ ,G,- , ;,_`� §` ° /!ml�E` ! §;_. ■!!{;_ ■" ;(;!2!;lc� | \�� /j `0 ` § |( §E3 \° =\| °f | `!0 )! ;!■§;} .� f | / m 020 . % ,2|§; § !§2B e !n 2' •2me;,a ; ;' , \) 2;2;;, � ° \\ K \ \ / § ! � m 020 . CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 516/2000 THROUGH 5/26/2000 Date Payee Amount Description 5/8100 Wells Fargo 60,000 00 Workers Comp Transfer 5/10/00 Health Comp 2,02369 Weekly eligible claims 5/5 5/10/00 West Basin 770,327 60 H2O Payment 5/12/00 IRS 165,736 84 Federal Taxes PR23 5/12100 Employment Development 31,761 65 State Taxes PR23 5/17/00 Health Comp 42215 Weekly eligible claims 5/12 5/18100 Wells Fargo 30,000 00 TPT The Lakes Golf Payroll Transfer 5/24/00 Health Comp 2.83624 Weekly eligible claims 5/19 5/25/00 IRS 153,378 08 Federal Taxes PR24 5/25/00 Employment Development 28,243 15 State Taxes PR24 DATE OF RATIFICATION: 5/16100 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by Deputy Treasurer Finance Director City Manager 1,244,729 40 Sid S�oy Date 5X3- /) a Date -51 Date 1,244,729.40 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo °� rz± MINUTES OF THE EL SEGUNDO CITY COUNCIL LEGISLATIVE TRIP TO WASHINGTON, D.C. - May 6-9,2000 MEMBERS PRESENT: Mayor Gordon Mayor Pro Tern Jacobs Council Member Gaines Council Member McDowell PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf ofanother and employees speaking on behalfofiheir emplover, must so identify themselves prior to addressing the City Council Failure to do so shall be a nusdemeanoi and pmushable by a fine of $250 General consensus of the Council to appoint Mary Strenn, City Manager at Clerk ProTem for the duration of this meeting SPECIAL ORDERS OF BUSINESS - Saturday, May 6, 2000 8 00 p in Dinner at DC Coast Restaurant, The Tower Building, 1401 K Street, NW, Washington DC, with Under Secretary of Commerce regarding International Commerce Sunday, May 7, 2000 9 15 am Briefing in Hotel's Envoy Room, Embassy Square Summerfield Hotel, 2000 N Street, NW, Washington, DC 12 00 p in Luncheon at District Chophouse & Brewery, 509 70' Street, NW, Washington, DC, with Josh Ackil, Office of Legislative Affairs regarding congressional legislation and interaction with Congress Monday, May 8, 2000 6 45 a in Briefing in Hotel's Envoy Room, Embassy Square Summerfield Hotel, 2000 N Street, NW, Washington, DC 8 30 a in Meeting with Deputy Assistant Secretary James Dishner at The Pentagon (auditorium), Washington, DC 12 00 p in Luncheon at 701 Pennsylvania Avenue, NW, Restaurant and Bar, Washington, DC, with Hal Lenox, Ex. Director of Government Relations, Southwestern Bell 2 30 p in Meeting with John S Walker, FAA Program Director for Air Traffic Airspace Management, Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC 7 022 8 00 p m Dinner at Maloney & Porcelh, Washington, DC with Congressman Steven Kuykendall Tuesday,Mgy, 9. 2000 8 15 am Briefing in Hotel's Envoy Room, Embassy Square Summerfield Hotel, 2000 N Street, NW, Washington, DC 11 00 a m Meeting with Senator Barbara Boxer, 112 Hart Senate Office Building, Washington, DC 12 30 p m Meeting with Senator Dianne Femstem/Cluef of Staff, Mark Kadesh, 331 Hart Senate Office Building, Washington, DC ADJOURNMENT May 9, 2000 at 1.30 P.M Mary Strenn, Clerk ProTem 2 023 MINUTES OF THE SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL MONDAY, MAY 15, 2000 — 8:00 A.M. CALL TO ORDER - Mayor Gordon at 8.00 am PLEDGE OF ALLEGIANCE - Council Member John Gaines ROLL CALL Mayor Gordon - Present - Arrived at 8 05 a in Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wermck - Present - Arrived at 8 05 a in PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another and eniplovees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sec ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) City of El Segundo v Bd of Airport Commissioners, et al, LASC Case No. BC 220609 City of El Segundo v California Department of Transportation, LASC Case No BS 051651 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b)• -1- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -0- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT at I 1 00 a in Cathy Domann, Deputy City Clerk 024 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 16, 2000 - 5:00 P.M. 5:00 PM Session CALL TO ORDER - Mayor Gordon at 5:00 p m. ROLL CALL Mayor Gordon Mayor ProTem Jacobs Council Member Gaines Council Member McDowell Council Member Wernick CLOSED SESSION: Present - arrived at 6 00 p m - Present - Present - Present - Present The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et M.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential andlor existing litigation, and /or discussing matters covered under Gov't Code §54957 (Personnel), and /or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) 1 2. 4 5 6 7 8 City of El Segundo v. Bd of Airport Commissioners, et al Roscitto v. El Segundo, LASC Case No. YC 034524 Ralston v. El Segundo, LASC Case No YC036223 Stier v El Segundo, LASC Case No YC034617 Hill v El Segundo, USDC No CV 98- 1463- LGB(SHX) Williams v Evanski, et al., LASC Case No 99CO2571 Venegas v. El Segundo, LASC Case No BC207136 , LASC Case No BC 220609 In re Randall's Island Family Golf Centers, Inc., U.S Bankruptcy Court, Southern District of New York, Case No. 00- 41065. Carlos A. Mendoza v City of El Segundo, WCAB Case No. MON239200 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b). -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c)- -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - City Representative Mary Strenn and Richard Kopenhefer Employee Organizations- City Employees' Association, Supervisory & Professional Employees' Association, El Segundo Firefighters' Association, El Segundo Police Officers' Association, and all unrepresented employees. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MAY 2, 2000 PAGE NO 1 025 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None Council recessed at 6.55 p.m. Council reconvened at 7 00 p.m REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 16, 2000 - 7:00 P.M. 7:00 PM Session CALL TO ORDER - Mayor Gordon at 7:00 p m INVOCATION - Chaplain Gary Garvey, Los Angeles Air Force Base PLEDGE OF ALLEGIANCE - Council Member John Gaines PRESENTATIONS - (a) Council Member Kelly McDowell presented a proclamation to Chris Barrett declaring the week of May 14 -20, 2000 as POLICE WEEK and May 16, 2000 as POLICE OFFICERS MEMORIAL DAY in the City of El Segundo. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wernick - Present PUBLIC COMMUNICATIONS -(Related to City Business Oniv - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so Identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 while all comments are welcome, the Brown Act does not allow Council to take action on any item on the agenda The Council will respond to comments after Public Communications is closed Bill Mason spoke regarding the proposed Ordinance and the Business Attraction Program Sandra Mason, resident, spoke regarding the dog park and regarding Consent Item #9, Reroofing of City buildings. Dorothy Kent, resident, spoke regarding the airport expansion and funds being expended Peggy Tyrell, resident, spoke regarding a news item on the proposed El Toro airport location MINUTES OF THE THE EL SEGUNDO CITY COUNCIL MAY 16, 2000 PAGE NO 2 026 Council Member Gaines responded to inquiries regarding airport expansion issues Council Member McDowell requested that Agenda Item No. 1, an Ordinance amending certain Sections of Chapter 3 06 of the El Segundo Municipal Code, entitled Business Attraction Program, be rescheduled for the June 6 2000, Council Meeting so that corrections can be made to the draft ordinance and input received from the Chamber of Commerce Council Member Wernick spoke regarding the Business Attraction Program, and the El Toro airport location Council Member Gaines spoke regarding the Business Attraction Program Mayor Gordon reported on the meeting he attended regarding the El Toro airport location. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member Wernick, SECONDED by Council Member Gaines to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 B. SPECIAL ORDERS OF BUSINESS - 1 Discussion and Introduction of Ordinance amending certain Sections of Chapter 3.06 of the El Segundo Municipal Code, entitled Business Attraction Program. ITEM PULLED FROM AGENDA - TO BE RESCHEDULED FOR JUNE 6, 2000 COUNCIL MEETING Presentation of FY 1999 -2000 Midyear Budget Review and approval of FY 2000- 2001 Budget Calendar. Bret Plumlee, Finance Director, and Gavin Curran, Assistant Finance Director, gave presentations and responded to Council questions Council received and filed presentation, and directed staff to proceed with FY 1999 -2000 Midyear and FY 2000 -2001 Budget Calendar. MOVED by Council Member Wernick, SECONDED by Council Member Gaines to approve General Fund budget adjustment for LAX Master Plan Intervention in the amount of $350,000 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS - NONE MINUTES OF THE THE EL SEGUNDO CITY COUNCIL MAY 16, 2000 PAGE NO 3 027 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS — 3 Subcommittee report on City Attorney functions. Council Member McDowell gave the Subcommittee report on City Attorney functions He suggested weighing all altematives, including in -house as well as outsource options Suggested meeting with subcommittee, City Manager, City Attorney, Finance Director and ICRMA to evaluate four proposed scenarios: (1) Change Nothing - Continue with Contract City Attorney and Risk Management, (2) In -House City Attorney (City employee), and in- house Risk Management; (3) Contract City Attorney and in -house Risk Management; and (4) In -House City Attorney with Contract Risk Management services Council Member Gaines requested an analysis of financial impact Consensus of Council to have Subcommittee evaluate options, analyze financial impact and report back to Council in approximately 45 days 4 Review of Golf Course Issues City Manager reported that due to a schedule conflict, the Golf Course Committee was unable to meet Item to be reagendized for June 6, 2000. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 5 Approve Warrant Numbers 2509887 - 2510177 on Register No 15 in total amount of $1,359,379.98, and Wire Transfers in the amount of $274,191.02 and authorize staff to release 6 Approve City Council meeting minutes of May 2, 2000. 7 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 8. Approve the Memorandum of Understanding (MOU) between the City of El Segundo and the Metropolitan Transportation Authority (MTA) for an MTA grant of $1,710,000 to partially finance the Sepulveda Boulevard Widening Project and authorize the Mayor to execute the MOU, Contract No 2791 on behalf of the City. 9 PULLED BY MAYOR GORDON AT THE REQUEST OF MEMBER OF THE PUBLIC 10 Approve amendment to blanket purchase order to encumber additional funds for professional temporary services with Library Associates for the period April 1 -July 1, 2000 MINUTES OF THE THE EL SEGUNDO CITY COUNCIL MAY 16, 2000 PAGE NO 4 028 Fiscal Impact $21,500 (Appropriated out of FY 1999/2000 Library Accounts, 6104- 6214 and 6104 -5204. Total allocated: $29,800). 11 Authorize staff to solicit Request for Proposals for professional engineering services for the Douglas Street Gap Closure /Railroad Grade Separation Project (estimated cost of services $815,000) 12 Approve allocation of Transportation Development Act (TDA) — Article 3 funds for the sidewalk repair project (estimated amount $13,000.00) 13 Approve the lowest responsible bid (not to exceed $36,402.06) by Westchester Carpets for the replacement of the flooring in the upstairs area of the Police Station This is authorized in the Capital Improvement Program Budget for FY 1998/2003 14 Approve purchase of Park Vista Emergency Power System Renovation 15 Approve Amendment No 3 to the South Bay Joint Powers Agreement No 1754 between the cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Manhattan Beach and Redondo Beach creating the South Bay Service Delivery Area for employment and training services under the Job Training Partnership Act (JPTA) and the Family Economic Security Act (FESA) and authorize staff to execute the necessary agreements 16 Approve and authorize a change order in Contract No. 2729 with Hazama Corporation to upgrade the parking area within the secured police lot from asphalt to concrete for a cost not to exceed $55,000 MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Wemick to approve consent agenda items 5, 6, 8, 10, 11, 12, 13, 14, 15, and 16. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 7 Adopt Resolution No. 4162 authorizing stop signs for eastbound and westbound Imperal Avenue at McCarthy Court adjacent to the new dog park MOVED by Council Member Wemick, SECONDED by Council Member McDowell to adopt Resolution No 4162 authorizing stop signs for eastbound and westbound Imperial Avenue at McCarthy Court adjacent to the new dog park. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 8 Award Contract No 2790 to Best Roofing & Waterproofing, Inc. for the re- roofing of buildings in Recreation Park — Project No. PW 00 -7 (contract amount = $29,480.00) and authorize the Mayor to sign the standard Public Works construction agreement after approval as to form by the City Attorney. MINUTES OF THE THE EL SEGUNDO CITY COUNCIL MAY 16, 2000 PAGE NO 5 029 MOVED by Council Member Wernick, SECONDED by Mayor Pro Tem Jacobs to award Contract No. 2790 to Best Roofing & Waterproofing, Inc. for the re- roofing of buildings in Recreation Park — Project No PW 00 -7 (contract amount = $29,480.00) and authorize the Mayor to sign the standard Public Works construction agreement after approval as to form by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS — 17 Request for City Council to continue participation in the Federal Surplus Property Program by the adoption of a Resolution No 4163 updating the City's authorized representatives Fiscal Impact — potential savings. Mayor Gordon read by title only- RESOLUTION NO. 4163 ELIGIBILITY RENEWAL APPLICATION FEDERAL SURPLUS PROPERTY PROGRAM MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt Resolution No. 4163 approving the Eligibility Renewal Application Federal Surplus Property Program. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 18 Contract Agreement for Tree Services with West Coast Arborists, Inc MOVED by Council Member Wernick, SECONDED by Council Member Mc Dowell to approve a cooperative purchasing agreement with West Coast Arbonsts, Inc for a one year period, with two, one year options, using the competitive bidding results of the City of Culver City to establish the unit costs for tree planing, removal and trimming and authorize the Mayor to sign the City's standard service Contract No. 2788. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 19 Agreement for landscape architect services for Washington Park extension development MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve standard City agreement for consulting services with Takata Associates for design of leased parkland on Southern California Edison easement bordered by Washington and Illinois Streets, and Holly and Pine Avenues and authorize the Mayor to sign Contract No 2789. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - City Attorney Mark Hensley reported on the settlement agreement regarding Hadcock v El Segundo, Case No. YC034979. MINUTES OF THE THE EL SEGUNDO CITY COUNCIL MAY 16, 2000 PAGE NO 6 030 Also reported that Stier v. El Segundo, Case No. YCO34617 had been dismissed in Superior Court. 20 Oral update on cable transfer and related issues. Mr Bradley Wohlenberg, Burke Williams and Sorensen, gave an update Council directed that a Subcommittee comprised of Council Member Wernick and Council McDowell meet with Cable Advisory Committee Members Nancy Pfeifer and Pat Hart to review cable transfer request To report back at June 6, 2000 meeting regarding transfer of control related to AOL/Time Warner Merger and make presentation on proposed upgrades. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell Reported that his next "Council Office Hours' will be Saturday, May 20, 2000, 10 -12 at Recreation Park Reported on the recent success of Hazardous Waste Day. Council Member Gaines - NONE Council Member Wernick Reported on LAX Advisory Committee Meeting and on the student summer job programs offered by LAX For additional information, contact Julia Abreu -Mason at 322 -4670 Reported on the Washington DC trip and commended Julia Abreu -Mason on her efforts in coordinating the trip. Reported on upcoming AQMD Meeting. Mayor Pro Tem Jacobs Reported on the Sister City sponsored art exhibit during the month of June at the Public Library Reported on the recent unearthing of an FAA time capsule Mayor Gordon - Reported on trip to Washington, DC and the Douglas Street Underpass Project MINUTES OF THE THE EL SEGUNDO CITY COUNCIL MAY 16, 2000 PAGE NO 7 031 Reported on LAX expansion Noted that the State of the City Address will be Thursday, May 25, 2000. For additional Information contact the Chamber of Commerce. PUBLIC COMMUNICATIONS - NONE MEMORIALS - Adjournment in memory of Peter and Alexei Wiltsey, and retired El Segundo teachers Kathy Peterson and Patton McNaughton CLOSED SESSION - NONE REPORT OF ACTION TAKEN IN CLOSED SESSION - NONE ADJOURNMENT at 8.45 p.m Cathy Domann, Deputy City Clerk MINUTES OF THE THE EL SEGUNDO CITY COUNCIL MAY 16, 2000 PAGE NO 8 0 32 EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Approval of contract for Community Development Block Grant (CDBG) management services with Tina Gall and Associates for approximately $16,000 for CDBG fiscal year 2000/2001 and a maximum of 10% of each year's allocation for the subsequent two years, and LDM Associates for approximately $35,400 for CDBG fiscal year 2000/2001 and a maximum of 20% of the each year's allocation for the subsequent two years for the Minor Home Repair Project ($8,400) and the Residential Sound Insulation Project ($27,000) Contract period July 1, 2000 through June 30, 2003 RECOMMENDED COUNCIL ACTION. Approve Contract and authorize the Mayor to execute BACKGROUND & DISCUSSION, The City has contracted since 1990 with a consultant to provide technical services for the administration and implementation of the City's CDBG projects and activities HUD regulations require that cities using contractual services to administer CDBG programs utilize informal bidding procedures to procure professional services every three years. This year the City is required to go through the appropriate procurement procedure by seeking bids from a minimum of three qualified providers. Bids were solicited from three companies for each contract Only one bid was received for the Minor Home Repair and RSI Program, LDM Associates LDM is the current administrator of the program. Staff is recommending that the bid from LDM be accepted. Bids for the administrative services contract were received from Tina Gall & Associates and Willdan Staff is recommending Tina Gall & Associates who has responsibly administered the program for several years ATTACHED SUPPORTING DOCUMENTS: A Professional Services Agreement between the City of El Segundo and (1) LDM Associates and (2) Tina Gall and Associates FISCAL IMPACT. $12,850 FY 1 Operating Budget Amount Requested. Account Number- Project Phase: Appropriation required: in $51,400 001 - 400 - 2701 -6214 $29,500 111 -400- 2748 -6214 $8,400 111 -400- 2790 -6214 $13,500 no OR INATED• DATE: ,da s Hansen, Director of Community, Economic and Development Services , City Manager 5%o• 8 033 PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT CONSULTING SERVICES WITH LDM ASSOCIATES THIS AGREEMENT ( "Agreement"), is made and entered into this 1 st day Jam, 2000, between the City of El Segundo, a municipal corporation, hereinafter referred to as "City" and LDM ASSOCIATES , hereinafter referred to as "Consultant ". The parties hereto mutually agree as follows SECTION 1 RECITALS This Agreement is made and entered into with respect to the following facts. A That the CITY is a participant in the Los Angeles Community Development Commission's Community Development Block Grant (CDBG) Program. The CDBG program is funded by the U.S. Department of Housing and Urban Development (HUD) pursuant to Title 1 of the Housing and Community Development Act of 1984 as amended ( "ACT "). B That the CITY has approved the provisions of federal funds under the ACT to be used to provide professional services for the administration and management of the City's Community Development Block Grant (CDBG) Minor Home Repair and Residential Sound Insulation Projects; and C That the CITY is desirous of obtaining the services of a qualified consultant to perform said services; and D That CONSULTANT has demonstrated to be the most qualified to offer such services and CONSULTANT has agreed to perform such services, subject to the terms and conditions set forth in this Agreement; and E. That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement. WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties do hereby agree as follows: I DESCRIPTION OF WORK CONSULTANT agrees to use all federal funds provided by CITY to CONSULTANT pursuant to this Agreement for said Community Development Block Grant (CDBG) program. CDBG funds shall be used solely to provide professional services for the administration and management of the Minor Home Repair and Residential Sound Insulation Projects as set forth in Exhibit A, attached hereto and incorporated herein by this reference. 034 CONSULTANT further agrees, that if necessary, and to the mutual satisfaction of both parties, additional services pertaining to the Residential Sound Insulation Project may be required, with appropriate compensation to be determined. If TERM This Agreement shall commence on July 1, 2000 and shall continue in full force and effect until June 30, 2003. III PERFORMANCE CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement. CONSULTANT'S performance under this Agreement shall be continuously evaluated by Director Community, Economic and Development Services of the City ( "Director") or his or her designee. CONSULTANT shall be notified in writing of any deficiency in a timely manner. CONSULTANT shall have fifteen consecutive business days from service of such notification to cure any deficiency to the reasonable satisfaction of the Director or his or her designee. IV COMPENSATION AND METHOD OF PAYMENT A Rates: For services performed under this Agreement, the CITY shall pay the CONSULTANT at the rate of $70.00 /hour for the Principal member of the firm and $65.00 /hour for the services provided by the Senior Associate. Rates are subject to annual review and must be mutually acceptable to both parties of this Agreement B. Maximum Compensation: The total compensation to be paid by CITY to CONSULTANT for services rendered from CDBG funds when, if and to the extent received from HUD, shall not exceed 20% of the total annual budget of the Minor Home Repair Project and the Residential Sound Insulation Project, or approximately $35,400 each annually, for the Minor Home Repair Project and the Residential Sound Insulation Project, unless additional payment is approved by the City Council. The CONSULTANT shall be compensated only as provided in this Agreement. The City of El Segundo shall not be deemed responsible for any financial or other obligation which is provided to regular employees of the City. The CONSULTANT shall not receive any fringe benefits of any kind. The CITY shall not make any deductions from the compensation specified in this Agreement nor provide any coverage for, but not limited to, unemployment, disability, liability, health, dental, life or any other forms of insurance and pension programs, including the state of California's Public Employees' Retirement System and Federal Social Security. The CITY shall not withhold any money for Federal and State Income Taxes. The CITY shall not grant any paid time off from work for illness, vacation, holidays or any other leave. -2- 035 C. Method of Payment: The CONSULTANT shall submit monthly invoices to the CITY specifying the amount due for actual services performed by the CONSULTANT. Such invoices shall describe the services performed and specify the number of hours worked and the number of clients served during the invoice billing period. The CITY will review each invoice submitted by the CONSULTANT to determine whether the services performed and materials submitted are in compliance with the provisions of this Agreement. All invoices shall be approved or returned to CONSULTANT for correction. The CITY shall pay one - hundred (100 %) of the amount of the invoice within thirty (30) days following approval of each invoice by the CITY V SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT The CITY may, at any time, with or without cause, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the CONSULTANT at least thirty (30) days prior written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this Agreement, unless the notice provides otherwise Upon receipt of such notice, the CONSULTANT shall immediately prepare and serve upon the CITY an invoice covering all outstanding fees or other claimed compensation. In the event of such termination, CONSULTANT shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination. If the CITY suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. VI BREACH OF CONTRACT In the event that CONSULTANT is in default under the terms of this Agreement, the CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the tasks described herein are performed to the reasonable satisfaction of the Director of Community, Economic and Development Services. Failure by the CONSULTANT to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the CONSULTANT, shall not be considered a default If the Director or his or her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the CONSULTANT with written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time, the CITY shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. -3- 036 VII OWNERSHIP OF DOCUMENTS All original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the CITY and may be used, reused or otherwise disposed of by the CITY without the permission of the CONSULTANT. Upon termination of this Agreement, CONSULTANT shall turn over to CITY all original papers, drawings, models, reports, documents or other materials generated by CONSULTANT under this Agreement. Vlll OWNERSHIP OF MATERIALS All reports, documents, floppy discs, diskettes or other materials developed or discovered by CONSULTANT during the course of this Agreement shall be solely the property of the CITY without restriction or limitation on CITY's use. IX CONFIDENTIALITY CONSULTANT shall not, either during or after the term of this Agreement, disclose to any third party any confidential information relative to the work or the business of the CITY and /or any affiliated organization, without the written consent of the CITY X PUBLICATION Publication, teaching or reproduction by CONSULTANT of information directly derived from work performed or data obtained in connection with services rendered under this Agreement is prohibited unless first approved in writing by CITY. XI RECORDS AND AUDITS The CONSULTANT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non - federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. XII EQUAL EMPLOYMENT OPPORTUNITY CONSULTANT shall not discriminate against any employee or applicant for employment in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other forms of compensation, selection for training including apprenticeship, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement. CONSULTANT shall comply with the provisions of the State Fair Employment Practices Act as set forth in the California Fair Employment and Housing Act, Title 2, Division 3, Part 2.8, of the California Government Code, Section 12900 et, seq. XIII COMPLIANCE WITH FEDERAL REGULATIONS During the performance of this Agreement, the Consultant agrees to comply with the following Federal provisions: -4- 037 Executive Order 11246 requires that during the performance of this agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisions of this non - discrimination clause. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project Title VI of the Civil Rights Act of 1964 provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply Shall comply with all regulations of the Americans With Disabilities Act (ADA) of 1990 (42 USC Section 12101 et. seq.). XIV INTEREST OF MEMBERS OF THE CITY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in the Agreement; and the CONSULTANT shall take appropriate steps to assure compliance. •5- C38 XV INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT shall take appropriate steps to assure compliance. XVI INTEREST OF CONSULTANT AND tMF'L0Ytt 5 No person performing services for CITY in connection with this Agreement shall have a financial or other personal interest other than her employment or retention by CITY in any contract or subcontract in connection with this Agreement. The CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed. XVII INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services as contained herein as an independent contractor and shall not be considered an employee of CITY or under CITY supervision or control. This Agreement is by and between the CONSULTANT and CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the CITY and the CONSULTANT. XVIII LEGAL RESPONSIBILITIES The CONSULTANT shall, at all times during the term of this Agreement, have in full force and effect, all licenses and permits required of it by law. The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by the CONSULTANT or in any way affect the performance of the services pursuant to this Agreement. The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of federal, state and local governments, including but not limited to the El Segundo Municipal Code. The City, and its officers, employees or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section. CONSULTANT may be required to file a Statement of Economic Interests (Form 730 of the California Fair Political Practices Commission) with the CITY for employees designated to the CITY to be used on this project prior to the execution of this Agreement. XIX UNAUTHORIZED ALIENS CONSULTANT hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. § 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONSULTANT so employ such unauthorized aliens for the performance of work and /or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attomeys' fees, incurred by the CITY in connection therewith. E" C33 XX SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by the CONSULTANT whose name is as appears first above written and said CONSULTANT shall not assign nor transfer any interest in this Agreement without the prior written consent of the CITY The Agreement shall be binding upon the heirs, executors, and administrators, successors and assigns of the parties hereto. Claims for money by CONSULTANT from the CITY under this Agreement may be assigned to bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. XXI INDEMNIFICATION A. CONSULTANT represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by CONSULTANT, and CITY relies upon the skills and knowledge of CONSULTANT. CONSULTANT shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. B CONSULTANT is an independent contractor and shall have no authority to bind CITY nor to create or incur any obligation on behalf of or liability against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by CITY. CONSULTANT agrees to hold the CITY, its officers, agents and employees harmless from any and all claims, liabilities or losses for personal injury, death or property damage rising out of or in connection with work undertaken pursuant to this Agreement to the extent any such claim is caused by or results from any negligent acts or omissions, or intentional misconduct of the CONSULTANT, its employees or its agents Further, CONSULTANT agrees to provide the CITY, its officers, agents and employees, at CONSULTANT'S sole expense, with the defense of any and all such actions, suits or other legal proceedings brought against the CITY, its officers, agents and employees rising out of or in connection with the work undertaken pursuant to this Agreement. CONSULTANT shall not be liable for the indemnification and defense of the CITY on claims or litigation ansing out of the sole negligence or sole willful misconduct of the CITY. The insurance required to be maintained by CONSULTANT under paragraph XXII shall ensure CONSULTANT'S obligations under this paragraph XXI (B), but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this paragraph XXI (B) shall survive the expiration or earlier termination of this Agreement. XXII INSURANCE A. Insurance Requirements CONSULTANT shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, -7- C40 representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the CITY. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the CONSULTANT'S profession. (2) Minimum Limits of Insurance CONSULTANT shall maintain limits of insurance no less than the following; or, at an amount satisfactory to the Director of Planning and Building Safety: (a) General Liability: $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 related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per occurrence. (B) Other Provisions Insurance policies required by this Agreement shall contain the following provisions: -a- 041 (1) All Policies Each insurance policy required by this paragraph XXII shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the CITY. (2) General Liability and Automobile Liability Coverages (a) CITY, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs, products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT, or automobiles owned, leased or hired or borrowed by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, or employees. (b) CONSULTANT'S insurance coverage shall be primary insurance as respect to CITY, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, its officers, officials, employees and volunteers shall apply in excess of, and not contribute with, CONSULTANT'S insurance (c) CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees and volunteers. (3) Workers' Compensation and Employer's Liability Coverage Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, its officers, officials, employees and agents for losses arising from work performed by CONSULTANT for CITY (C) Other Requirements CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time. .g. L-42 (1) CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides. (2) Any deductibles or self - insured retentions must be declared to and approved by CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT'S liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. XXIII SEVERABILITY This Agreement contains the entire understanding between the CITY and CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. XXIV WAIVER Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. XXV CHANGES The CITY may request changes in the scope of the services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written amendments to this Agreement. XXVI REPORTS AND INFORMATION The CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. CONSULTANT agrees to provide CITY with a written quarterly summary of activities on or before the 5th day of the month following the end of a quarter of the project year (October, January, April, and July). If CONSULTANT fails to do so, CITY may withhold funds until said written quarterly summary has been received. Ethnic and -10- 043 Head of Household data, consistent with HUD's Grantee Performance Report requirements, must also be provided. XXVII PERSONNEL CONSULTANT represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. All of the services required hereunder will be performed by CONSULTANT or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. XXVIII CONFLICT OF INTEREST No person performing services for the City of El Segundo in connections with this Agreement shall have a financial or other personal interest other than his or her employment or retention by the City of El Segundo in any contract or subcontract in connection with this Agreement. No officer or employee of such person retained by the City of El Segundo shall have any financial or other personal interest in any real property in which the plans of said property are being checked in connection with this Agreement. XXIX ATTORNEY'S FEES If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. XXX LOBBYING CERTIFICATION The CONSULTANT certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying ", in accordance with its instructions. -11- G44 3. The CONSULTANT shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly. XXXI NOTICES Notices, herein shall be presented in person or by certified or registered U.S. Mail, as follows: to the CONSULTANT: David D. Meyer, Principal LDM Associates 4201 Santa Ana Street #C Ontario, California 91761 to the CITY James M. Hansen Director of Community Services City of El Segundo 350 Main Street El Segundo, California (310) 322 -4670 Economic and Development 90245 with a copy to: City Attorney City of El Segundo Burke, Williams & Sorensen 611 W. Sixth Street, Suite 2500 Los Angeles, California 90017 XXXII GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California. XXXIII APPROVAL BY CITY COUNCIL. On June 6, 2000, the City Council of the City of El Segundo approved the City entering into this Agreement and authorized the Director of Community, Economic and Development Services to sign this Agreement on behalf of the City. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. SIGNATURES CONSULTANT: David D. Meyer -12- 045 CITY OF EL SEGUNDO: James M. Hansen Director of Community, Economic and Development Services ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D Hensley, y Att mey -13- cdOWaatmVmhrftm.aac &46 EXHIBIT A Scope of Services The following services will be provided by CONSULTANT in conjunction with the administration and implementation of the City of El Segundo's CDBG Minor Home Repair and Residential Sound Insulation Projects: • Preparation of all reports and documents required by CDC, • Marketing the Minor Home Repair and RSI projects to the target population; Responding to client inquiries; Provision of a full range of Minor Home Repair and RSI Project implementation activities to include inspections, work write -ups and bid solicitation; • Provision of a complete range of Minor Home Repair and RSI administrative services; • Coordinate with City staff and gather all necessary documentation required for CDC program monitoring and audit preparation; • Provide Minor Home Repair financial management assistance; • Provide any other technical assistance as required by City staff to insure compliance with all program guidelines and regulations; • Attend all meetings as may be required. cdbWcnftUmhrAdmA= -1a 047 wcvctopment Commission County of Los Angeles .� FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION tiame of Firm Address State Zip Code Phone No ( Date Acting on behalf of the above named fine, as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles: I) No Federal appropriated funds have been paid, by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement. the above named firm shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying', in accordance with its instructions, and; 3) The above name firm shall require that the language of this certification be included in the award documents for all sub - awards stall tiers (including subcontracts, sub - grants, and comtracts under grants, loans, and cooperative agreement) and that all sub- recipients shall certify and disclose accordingly. This ceruficatton is a material representation of fact upon which reliance was plated when this transaction was made or tattered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U.S. Code. Any person wbo fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and trot more than S 100,000 for each such failure. Authorized Official: Name- Title: Signature: Date: 23 -1 tD48 PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT CONSULTING SERVICES WITH TINA GALL AND ASSOCIATES THIS AGREEMENT ( "Agreement"), is made and entered into this 1 st day of July, 1997, between the City of El Segundo, a municipal corporation, hereinafter referred to as "City" and TINA GALL AND ASSOCIATES , hereinafter referred to as "Consultant" The parties hereto mutually agree as follows SECTION 1. RECITALS. This Agreement is made and entered into with respect to the following facts. A That the CITY is a participant in the Los Angeles Community Development Commission's Community Development Block Grant (CDBG) Program The CDBG program is funded by the U.S Department of Housing and Urban Development (HUD) pursuant to Title 1 of the Housing and Community Development Act of 1984 as amended ( "ACT "). B That the CITY has approved the provisions of federal funds under the ACT to be used to provide professional services for the administration and management of the City's Community Development Block Grant (CDBG) Program, and C. That the CITY is desirous of obtaining the services of a qualified consultant to perform said services; and D. That CONSULTANT has demonstrated to be the most qualified to offer such services and CONSULTANT has agreed to perform such services, subject to the terms and conditions set forth in this Agreement; and E. That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties do hereby agree as follows I DESCRIPTION OF WORK CONSULTANT agrees to use all federal funds provided by CITY to CONSULTANT pursuant to this Agreement for said Community Development Block Grant (CDBG) program. CDBG funds shall be used solely to provide professional services for the administration and management of the City of El Segundo's CDBG Program as set forth in Exhibit A, attached hereto and incorporated herein by this reference 049 11 TERM This Agreement shall commence on July 1, 2000 and shall continue in full force and effect until June 30, 2003, with an option for annual review. 111 PERFORMANCE CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement CONSULTANT'S performance under this Agreement shall be continuously evaluated by Director of Community, Economic and Development Services of the City ( "Director") or his or her designee. CONSULTANT shall be notified in writing of any deficiency in a timely manner CONSULTANT shall have fifteen consecutive business days from service of such notification to cure any deficiency to the reasonable satisfaction of the Director or his or her designee. IV COMPENSATION AND METHOD OF PAYMENT A Rates For services performed under this Agreement, the CITY shall pay the CONSULTANT at the rate of $60.00 /hour for the Principal member of the firm and $60 00 /hour for the services provided by the Associate. Rates are subject to annual review and must be mutually acceptable to both parties of this Agreement. B. Maximum Compensation* The total compensation to be paid by CITY to CONSULTANT for services rendered from CDBG funds when, if and to the extent received from HUD, shall not exceed 10% of the total annual allocation of the CITY'S CDBG Program, unless additional payment is approved by the City Council. The CONSULTANT shall be compensated only as provided in this Agreement. The City of El Segundo shall not be deemed responsible for any financial or other obligation which is provided to regular employees of the City. The CONSULTANT shall not receive any fringe benefits of any kind. The CITY shall not make any deductions from the compensation specified in this Agreement nor provide any coverage for, but not limited to, unemployment, disability, liability, health, dental, life or any other forms of insurance and pension programs, including the state of California's Public Employees' Retirement System and Federal Social Security. The CITY shall not withhold any money for Federal and State Income Taxes. The CITY shall not grant any paid time off from work for illness, vacation, holidays or any other leave. C Method of Payment: The CONSULTANT shall submit monthly invoices to the CITY specifying the amount due for actual services performed by the CONSULTANT. Such invoices shall describe the services performed and specify the number of hours worked and the number of clients served during the invoice billing period. The CITY will review each invoice submitted by the CONSULTANT to determine whether the services performed and materials submitted are in compliance with the provisions of this Agreement. All invoices shall be approved or returned to CONSULTANT for correction The CITY shall .2. f�50 pay one - hundred (100 %) of the amount of the invoice within thirty (30) days following approval of each invoice by the CITY. V SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT The CITY may, at any time, with or without cause, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the CONSULTANT at least thirty days prior written notice Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this Agreement, unless the notice provides otherwise Upon receipt of such notice, the CONSULTANT shall immediately prepare and serve upon the CITY an invoice covering all outstanding fees or other claimed compensation In the event of such termination, CONSULTANT shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination. If the CITY suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement VI BREACH OF CONTRACT In the event that CONSULTANT is in default under the terns of this Agreement, the CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the tasks described herein are performed to the reasonable satisfaction of the Director of Community, Economic and Development Services of the City. Failure by the CONSULTANT to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the CONSULTANT, shall not be considered a default If the Director or his or her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the CONSULTANT with written notice of the default. The CONSULTANT shall have ten days after service upon it of said notice in which to cure the default by rendering a satisfactory performance In the event that the CONSULTANT fails to cure its default within such period of time, the CITY shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. VII OWNERSHIP OF DOCUMENTS All original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the CITY and may be used, reused or otherwise disposed of by the CITY without the permission of the CONSULTANT. Upon termination of this Agreement, CONSULTANT shall turn over to CITY all original papers, drawings, models, reports, documents or other materials generated by CONSULTANT under this Agreement -3- 051 VIII OWNERSHIP OF MATERIALS All reports, documents, floppy discs, diskettes or other materials developed or discovered by CONSULTANT during the course of this Agreement shall be solely the property of the CITY without restriction or limitation on CITY's use IX CONFIDENTIALITY CONSULTANT shall not, either during or after the term of this Agreement, disclose to any thins party any confidential information relative to the work or the business of the CITY and /or any affiliated organization, without the written consent of the CITY X PUBLICATION Publication, teaching or reproduction by CONSULTANT of information directly derived from work performed or data obtained in connection with services rendered under this Agreement is prohibited unless first approved in writing by CITY. XI RECORDS AND AUDITS The CONSULTANT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non - federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. XII EQUAL EMPLOYMENT OPPORTUNITY CONSULTANT shall not discriminate against any employee or applicant for employment in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other forms of compensation, selection for training including apprenticeship, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement. CONSULTANT shall comply with the provisions of the State Fair Employment Practices Act as set forth in the California Fair Employment and Housing Act, Title 2, Division 3, Part 2.8, of the California Government Code, Section 12900 et. seq XIII COMPLIANCE WITH FEDERAL REGULATIONS During the performance of this Agreement, the Consultant agrees to comply with the following Federal provisions- Executive Order 11246 requires that during the performance of this agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin Such action shall include, but not be limited to the following. employment, upgrading, demotion, or transfer; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT -4- 052 agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisions of this non - discrimination clause Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project Title VI of the Civil Rights Act of 1964 provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Section 109, Title 1 of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply Shall comply with all regulations of the Americans With Disabilities Act (ADA) of 1990 (42 USC Section 12101 et. seq.). XIV INTEREST OF MEMBERS OF THE CITY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in the Agreement; and the CONSULTANT shall take appropriate steps to assure compliance. XV INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT shall take appropriate steps to assure compliance. XVI INTEREST OF CONSULTANT AND EMPLOYEES No person performing services for CITY in connection with this Agreement shall have a financial or other personal interest other than her employment or retention -5- 053 by CITY in any contract or subcontract in connection with this Agreement. The CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed. XVII INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services as contained herein as an independent contractor and shall not be considered an employee of CITY or under CITY supervision or control. This Agreement is by and between the CONSULTANT and CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the CITY and the CONSULTANT XVIII LEGAL RESPONSIBILITIES The CONSULTANT shall, at all times during the term of this Agreement, have in full force and effect, all licenses and permits required of it by law The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by the CONSULTANT or in any way affect the performance of the services pursuant to this Agreement. The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of federal, state and local governments, including but not limited to the El Segundo Municipal Code. The City, and its officers, employees or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section CONSULTANT may be required to file a Statement of Economic Interests (Form 730 of the California Fair Political Practices Commission) with the CITY for employees designated to the CITY to be used on this project prior to the execution of this Agreement XIX UNAUTHORIZED ALIENS CONSULTANT hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. § 1101, et seq.), as amended, and, in connection therewith, shall not employ unauthorized aliens as defined therein Should CONSULTANT so employ such unauthorized aliens for the performance of work and /or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the CITY in connection therewith XX SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by the CONSULTANT whose name is as appears first above written and said CONSULTANT shall not assign nor transfer any interest in this Agreement without the prior written consent of the CITY. The Agreement shall be binding upon the heirs, executors, and administrators, successors and assigns of the parties hereto Claims for money by CONSULTANT from the CITY under this Agreement may be assigned to bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. -6- 054 XXI INDEMNIFICATION A. CONSULTANT represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by CONSULTANT, and CITY relies upon the skills and knowledge of CONSULTANT. CONSULTANT shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California B CONSULTANT is an independent contractor and shall have no authority to bind CITY nor to create or incur any obligation on behalf of or liability against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by CITY CONSULTANT agrees to hold the CITY, its officers, agents and employees harmless from any and all claims, liabilities or losses for personal injury, death or property damage rising out of or in connection with work undertaken pursuant to this Agreement to the extent any such claim is caused by or results from any negligent acts or omissions, or intentional misconduct of the CONSULTANT, its employees or its agents. Further, CONSULTANT agrees to provide the CITY, its officers, agents and employees, at CONSULTANT'S sole expense, with the defense of any and all such actions, suits or other legal proceedings brought against the CITY, its officers, agents and employees rising out of or in connection with the work undertaken pursuant to this Agreement. CONSULTANT shall not be liable for the indemnification and defense of the CITY on claims or litigation ansing out of the sole negligence or sole willful misconduct of the CITY The insurance required to be maintained by CONSULTANT under paragraph XXII shall ensure CONSULTANT'S obligations under this paragraph XXI (B), but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this paragraph XXI (B) shall survive the expiration or earlier termination of this Agreement XXII INSURANCE A Insurance Reouirements CONSULTANT shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current AM Best's rating of no less than A VII CONSULTANT shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) _7. 055 (b) Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the CITY. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this Agreement (d) Errors and omissions liability insurance appropriate to the CONSULTANT'S profession. (2) Minimum Limits of Insurance CONSULTANT shall maintain limits of insurance no less than the following, or, at an amount satisfactory to the Director of Community, Economic and Development Services (a) General Liability. $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 related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident (d) Errors and Omissions Liability: $1,000,000 per occurrence. (B) Other Provisions Insurance policies required by this Agreement shall contain the following provisions- (1) All Policies Each insurance policy required by this paragraph XXII shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the CITY (2) General Liability and Automobile Liability Coverages (a) CITY, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs, products and completed operations of -8- C5G CONSULTANT; premises owned, occupied or used by CONSULTANT, or automobiles owned, leased or hired or borrowed by CONSULTANT The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, or employees (b) CONSULTANT'S insurance coverage shall be primary insurance as respect to CITY, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, its officers, officials, employees and volunteers shall apply in excess of, and not contribute with, CONSULTANT'S insurance (c) CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees and volunteers (3) Workers' Compensation and Employer's Liability Coverage Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, its officers, officials, employees and agents for losses ansrng from work performed by CONSULTANT for CITY (C) Other Regwrements CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time (1) CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides. (2) Any deductibles or self - insured retentions must be declared to and approved by CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims -9- C57 liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. XXIII SEVERABILITY This Agreement contains the entire understanding between the CITY and CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding XXIV WAIVER Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof XXV CHANGES The CITY may request changes in the scope of the services of the CONSULTANT to be performed hereunder Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written amendments to this Agreement. XXVI REPORTS AND INFORMATION The CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. CONSULTANT agrees to provide CITY with a written quarterly summary of activities on or before the 5th day of the month following the end of a quarter of the project year (October, January, April, and July). If CONSULTANT fails to do so, CITY may withhold funds until said written quarterly summary has been received. Ethnic and Head of Household data, consistent with HUD's Grantee Performance Report requirements, must also be provided. XXVII PERSONNEL CONSULTANT represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. All of the services required hereunder will be performed by CONSULTANT or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified -10- C58 by written contract or agreement and shall be subject to each provision of this Agreement XXVIII CONFLICT OF INTEREST No person performing services for the City of El Segundo in connections with this Agreement shall have a financial or other personal interest other than his or her employment or retention by the City of El Segundo in any contract or subcontract in connection with this Agreement No officer or employee of such person retained by the City of El Segundo shall have any financial or other personal interest in any real property in which the plans of said property are being checked in connection with this Agreement XXIX ATTORNEY'S FEES If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled XXX LOBBYING CERTIFICATION The CONSULTANT certifies that 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying ", in accordance with its instructions 3. The CONSULTANT shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly XXXI NOTICES Notices, herein shall be presented in person or by certified or registered U.S. Mail, as follows- 059 to the CONSULTANT. Tina Gall and Associates 7719 Chisholm Avenue Van Nuys, California 91406 to the CITY. James M. Hansen Director of Community, Economic and Development Services City of El Segundo 350 Main Street El Segundo, California 90245 (310) 322 -4670 with a copy to City Attorney City of El Segundo Burke, Williams & Sorensen 611 W Sixth Street, Suite 2500 Los Angeles, California 90017 XXXII GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California XXXIII APPROVAL BY CITY COUNCIL. On June 6, 2000, the City Council of the City of El Segundo approved the City entering into this Agreement and authorized the Director of Community, Economic and Development Services to sign this Agreement on behalf of the City. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. SIGNATURES CONSULTANT: Tina Gall .14_ 060 EXHIBIT A Scope of Services i)teaaSho and Associates will provide CDBG program consulting services for program administration, implementation and monitoring. The proposed CDBG services to be offered are as follows: CONSULTANT will provide technical assistance for the administration and implementation of the City of El Segundo's CDBG projects and activities Provide technical assistance for the administration and implementation of the City of El Segundo's CDBG projects and activities; • Prepare Memorandums of Understanding with the Los Angeles County Community Development Commission (CDC) including project descriptions and budgets; • Prepare and process amendments to Memorandums of Understanding for continuing projects; • Prepare and publish public hearing notices for citizen comment on all proposed CDBG projects and allocation of funds; • Coordinate and provide technical support and audit preparation for all programmatic monitoring conducted by the Community Development Commission, and draft responses to any monitoring findings or concerns, including corrective action plans, if necessary. Consultant will develop and maintain all necessary documentation for the Single Audit Act, if applicable; • Conduct CDBG programmatic and financial monitoring of all subrecipients; • Prepare and complete Community Development Commission reports and documents including, but not limited to, the quarterly Comprehensive Performance Report, Contractor /Subcontractor Activity Report, and labor standards report; • Prepare staff reports for City Council review and approval of CDBG projects and budgets; and attend City Council meetings, as necessary, • Assist City staff in the preparation of Request for Proposals for professional services funded under the CDBG Program, to ensure compliance with all federal procurement standards and guidelines; -1M 062 CITY OF EL SEGUNDO: James M. Hansen Director of Community, Economic and Development Services ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: : {L�/ Mark D Hensley, City Attorney-" -13- edbplenbcVadmhVeho.97 061 wtnrnuntry vevelopment Commission County of Los Angeles FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION tiame of Firm Address State Zip Code Phone No ( Date Acting on behalf of the above named firm, as its Authorized Official, I make the following Cenfication to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles 1) No Federal appropriated funds have been paid, by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and, 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempung to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying', in accordance with its instructions, and; 3) The above name firm shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub- gtartra, and contracts under grams, loans, and cooperative agreement) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which relimce was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transacuon imposed by Secuon 1352 Title 3l, U.S. Code. Any person who fails to file the required certiftcauon shalt be sub }ea to a civil penalty of not leu then 510,000 and not nwre than $100,000 for each such failure. Authorized Official: Name Tide: Signature: Date_ 2a -1 (•F4 Provide CDBG financial management assistance, including preparation of all reimbursable funding requisitions. This will include monthly review of the City's revenue and expenditure reports and general ledger detail to ensure consistency with CDBG annual project budgets, and maintenance of all financial documentation of CDBG expenditures including invoices, warrants, timesheets, etc, Provide Davis -Bacon and Section 3 Monitoring for contract compliance for CDBG- funded construction projects, if necessary; Represent the City and act as liaison to the Community Development Commission, Ensure compliance with all applicable federal, state and local laws and policies including maintaining current files of CDBG regulations and handbooks, circulating relevant CDBG information and policy changes with all CDBF- funded subrectpients, and attendance at all CDC - mandated CDBG training workshops and /or meetings; Provide on -site services at El Segundo City Hall, Department of Community, Economic and Development Services, at least one day per week, Attend, when necessary, El Segundo City Council meetings, or other related meetings upon request -15- G 6 3 EL SEGUNDO CITY COUNCIL MEETING DATE: .tune 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION, Approval of contract with Willdan Associates for providing a temporary License Permit Specialist total cost not to exceed $ 39,600. RECOMMENDED COUNCIL ACTION. Approve Contract and authorize the Mayor to execute. BACKGROUND & DISCUSSION. The License /Permit Specialist 11 position for Building Safety Division became vacant on May 1, 2000. Due to the continued heavy workload there is an immediate need to retain an experienced temporary full time employee to fill a vacant position until a permanent one can be recruited ATTACHED SUPPORTING DOCUMENTS. Scope of Services IMPACT: Operating Budget: $200,000 Amount Requested, $39,600 Account Number, 001 -400- 3301 -6214 Project Phase: N/A Appropriation required: N/A ORIGINATED: a'--n- e rjis Budding Safety Manager DATE: May 30, 2000 am s Hansen Community, Economic and Development Services Director City Manager r/ 9 " Q65 EXHIBIT A Scope of Services Consultant shall provide City with a Permit Specialist Permit Specialist shall perform all the functions and duties that are required by City job description for the License /Permit Specialist II position -is- 066 EXHIBIT B Fees City agrees to compensate Consultant for its Services at a rate of $45.00 per hour. The total compensation to be paid by City to Consultant shall not exceed $ 39,600.00 Billing Willdan Associates will bill the City on a monthly basis -16- 067 EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Amendment to a professional service contract with Robert Bern, William Frost & Associates (RBF) for additional environmental services to prepare a Mitigated Negative Declaration of Environmental Impacts for the proposed El Segundo Media Center project on the 46 -acre former Rockwell International property bounded by Mariposa Avenue, Nash Street, Atwood Way, and Douglas Street The amount to be paid to the Consultant under this amendment is $16,700.00 The applicant of the project is responsible for the full amount RECOMMENDED COUNCIL ACTION: Approve an Amendment to Contract No. 2762 with RBF to prepare Mitigated Negative Declaration BACKGROUND & DISCUSSION: On March 8, 2000, the City Council approved Contract No. 2762 between the City and RBF for professional services to prepare the required environmental review for the proposed El Segundo Media Center project (EA No 515, DA No 00 -2) on the 46 -acre former Rockwell International property The amount of the original contract was $60,300.00 (Continued on next page ) ATTACHED SUPPORTING DOCUMENTS: 1 Draft Contract Amendment No 1 with RBF in the amount of $16,700.00 2 RBF Amendment Proposal and Work Scope /Budget FISCAL IMPACT: Amount Requested: $16,70000 Account Number: 703 - 200 - 0000 -2621 Project Phase: NIA Appropriation required: NO ORIGINATED: DATE: mes M Hansen, Director of Community, Economic and Development Services REVIEWED BY: DATE: /Cl . Mary Str-� n, City Manager 3X /`„ 10 P68 STAFF REPORT June 6, 2000 Page 2 BACKGROUND & DISCUSSION: (cont.) RBF has completed the majority of the tasks outlined in the original scope of work. However, due to recent revisions in the project description, namely the replacement of the movie studio alternative use with an Internet data center as an alternative use, as well as revisions to the assumptions In the Traffic Study analysis, RBF has requested an amendment to their contract to perform the requested analysis and complete the project Additionally, due to the highly compressed project schedule, RBF also has requested that additional meetings with staff be budgeted In order to complete the project In the time frame desired by the applicant The applicant is in agreement with the modification Staff recommends the approval of the contract amendment In order to complete the project review In a timely manner Staff also recommends that the applicant be required to submit the full amount of the contract amendment upon approval of the contract amendment The funds would be placed In a trust deposit account, which would be used to pay RBF as their Invoices are submitted P Planning & Building SaletyWROJECTS1,500- 5251EA- 5151RBF Contract Amendment -2 ass doc 069 AMENDMENT NUMBER ONE TO THE PROFESSIONSAL SERVICES AGREEMENT (CONTRACT NO. 2762) FOR ENVIRONMENTAL SERVICES BETWEEN THE CITY OF EL SEGUNDO AND ROBERT BEIN, WILLIAM FROST AND ASSOCIATES The Professional Services Agreement for Environmental Services by and between the City of El Segundo, Municipal Corporation of the State of California (hereinafter "CITY") and Robert Bem, William Frost and Associates (hereinafter referred to as "CONSULTANT") is hereby amended to add Section 21, Additional Scope of Services, as follows 21 ADDITIONAL SCOPE OF SERVICES Consultant agrees to perform the services set forth in Exhibit "C" "Contract Amendment No 1 (Revision No 2)" and made a part hereof Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a valid El Segundo Business License. Consultants shall begin its services under this Agreement on June 7, 2000 Consultant shall complete each of the services set forth in Exhibit B to the City's satisfaction if the City is not satisfied with any such services, the Consultant shall work on such matter until the City approves of the service, provided such revisions are within the approved scope of work (Exhibit "C ") Further, Consultant shall complete the services set forth in Exhibit B strictly according to the schedule provided therein, subject to limitations identified in Exhibit "B" Compensation to the Consultant shall be as set forth in Exhibit "C" hereto and made a part hereof Payments shall be made within thirty (30) days after receipt of each invoice as to all non - disputed fees If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of an invoice of any disputed fees set forth on the invoice, APPROVALS CITY OF EL SEGUNDO By Mike Gordon, Mayor CONSULTANT ROBERT BEIN, WILLIAM FROST AND ASSOCIATES By, Kevin Thomas, Environmental Services Manager Date Date. ATTEST APPROVED AS TO FORM: Cindy Mortesen, Mark D ensley, City Clerk City Attorney P %Planning & Building Safety%PROJECTSl500.5251E4 -515MF ConVact AmendmenLdoc G70 EXHIBIT G ROBERT REIN, WILLIAM FROST & ASSOCIATES PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS May 15, 2000 Mr James Hansen Director of Community, Economic, & Development Services 350 Main Street El Segundo, Ca. 90245 JN 10- 100707 - , °';AY U _GO Subject- Contract Amendment No. 1 (Revision No. 2) El Segundo Media Center Initial Study /Mitigated Negative Declaration Dear Mr. Hansen: Robert Bein, William Frost & Associates (RBF) has prepared this contract amendment to address the additional work items, pursuant to our meetings with City staff and the applicant on May 1 and May 12, 2000 We have provided a description of each additional task item, along with associated costs, which are numbered to match our original proposal dated February 16, 2000. Each of the following extra work items were requested either by City staff, the applicant or both parties. Task 1.1 - Initial Study The current Screencheck lS /MND addresses a "worst- case" project as well as an "Alternative Concept Plan" (presently as studio use). The applicant is now requesting analysis of a different "Alternative Concept Plan" (an Internet Data Center - IDC). References to the studio use will be deleted throughout the IS /MND, and replaced with a qualitative assessment of the IDC use. RBF assumes that a written description for this new Alternative Concept Plan will be provided by the applicant. The Initial Study /Mitigated Negative Declaration will require revisions throughout to qualitatively address the new Alternative Concept Plan (IDC user), which will be qualitatively reflected in the revised Traffic Study (discussed below under Task 1.2 Q. IS /MND sections that will require additional revisions include Air Quality, Hazards & Hazardous Materials, Land Use and Planning (no studio), Noise, Public Services, Transportation/Traffic (revised traffic study), and Utilities and Service Systems. RBF will expand the Project Description to provide additional discussion regarding the potential range of uses within the MU -N zone, including creating a table indicating permitted and conditionally permitted uses Due to delays in the schedule and project revisions outside our control, RBF will also require substantial additional project coordination time (also see Task 5 below). This scope of work assumes that no new substantive issues are raised during staff /applicant review of the revised IS /MND (as RBF has already incorporated one set of comments) RBF assumes that City staff will handle preparation of the revised public hearing notice Professional Service Since 1944 cost: $ 5,000 14725 ALTON PARKWAY IRVINE CA 92Q18-2069 • PO BOX 57057, IRVINE, CA 92619 -7057 • 949 4723505 • FAX 949 472 8373 C; 7 1 OFFICES LOCATED THROUGHOUT CALIFORNIA ARIZONA AND NEVADA • WFR 4ITF ..,,.�.00c,...... EXHIBIT C Mr James Hansen May 15, 2000 Page 2 of 4 Task 1.2 - Technical Studies A Noise- The section will qualitatively address particular stationary source issues forthe potential IDC use, including large generators. Cost. $ 100 B. Air Quality RBF will qualitatively address the potential IDC user. Cost $ 100 C New Traffic Study: Pursuant to City staff direction, RBF will prepare a revised Traffic Study, based on assumptions noted below. This scope excludes additional quantitative analysis or revisions of the Traffic Study as part of the Final IS /MND (to be handled on a time and materials basis). The following specific work efforts are included in the revised Traffic Study. 1 Incorporate staff comments on original Study, except for new assumptions. 2 Delete quantitative Studio analysis; replace with qualitative IDC user discussion 3 Add narrative on Traffic Study Updates to address- site - specific access /signalization considerations; cumulative projects; planned improvements, etc. 4 Add narrative on "Planned Improvements ", only for intersections impacted by the project. 5 Evaluate feasibility of Sepulveda Blvd mitigation, based on planned improvements and maximum of four through lanes each direction. 6. RBFwill discuss mitigation measuresand geometric feasibility of recommended improvements with City staff. Preliminary design /cost for these improvements can be provided on time- and - materials basis. ASSUMPTIONS INCLUDE (as directed by City staff): - Year 2002 - Ambient growth of 2% - No cumulative projects or CMP analysis (handled in Traffic Study Updates) - Planned Improvements addressed for project mitigation locations only - Use original Site Plan (signal /access handled in Traffic Study Updates) - Address IDC user qualitatively (cite MU -N uses; use Applicant's narrative) - Keep original 18 intersections - Use RBF's original El Segundo /imperial traffic counts Cost: $ 3,500 TOTAL TASK 1.2 COST - TECHNICAL STUDIES: $ 3,700 Task 2 - Draft IS /MND With resubmittal of the revised Screencheck IS /MND, RBF will respond to additional staff and applicant comments on the revised Screencheck IS /MND Given the complexities involved in the project, both politically and technically, RBF anticipates that this task will require more staff time than originally planned. At the applicant's request, this scope of work accounts for 072 EXHIBIT C Mr James Hansen May 15, 2000 Page 3 of 4 anticipated substantial overtime in order to meet the highly aggressive schedule. This task is budgeted at a maximum of 50 hours. Cost: $ 4,000 Task 5 - Meetings Due to the project revisions and additional assistance provided by OF to help define the project description, RBF has expended our current staff meeting budget. Based on the level of applicant and staff coordination, consultation, conference calls and meetings that have been required to date, RBF recommends an additional 20 hours of staff meeting time, including extended conference calls. This would leave a public hearing meeting budget of 24 hours for Kevin Thomas and 16 hours for Bob Matson (including preparation, attendance and follow - up) As noted in our original proposal, meeting time will be invoiced on a time and materials basis, with an initial "not -to- exceed" budget Cost: $ 2,500 Reimbursable Budget RBF will resubmit the Screencheck IS /MND. To allow for additional reproductions and couriercosts, RBF recommends increasing our reimbursable budget by another $1,500. These costs will be invoiced on a time and materials basis, with an initial "not -to- exceed" budget. Cost: $ 1,500 Total Cost - Contract Amendment No. 1: $ 16,700 Schedule RBF has attached a preliminary schedule, subject to review and revision by City staff. We should also note that several items are outside our control, including City staff review time, and receipt of project information from the applicant in a timely manner. As always, RBF will expedite the schedule to the extent possible. Upon receipt of a written authorization to proceed and a written description of the new Alternative Concept Plan, RBF will initiate the new traffic study and IS /MND revisions. As we have stated, we understand the critical schedule for this project and will assist City staff in any way to facilitate the schedule. We appreciate the opportunity to assist City staff with this important and challenging project. Please call me at (949) 855 -3659 if you should have any questions, or require any additional information. Sincer mas Environmental Services Manager cc via email Mr James Hansen, City of El Segundo Ms Chris Ketz, City of El Segundo Mr Paul Garry, City of El Segundo Mr Ron Flesch, Flesch & Associates Mr. Andrew Friedman, Esq , Friedman & Solomon Mr Rob Solomon, Esq , Fnedman & Solomon Ms. Kim Ruddms, RBF Mr Bob Matson, RBF 073 Mr James Hansen May 15, 2000 Page 4 of 4 PRELIMINARY SCHEDULE Early critical milestones are noted below in bold. This schedule is highly aggressive, and assumes that all required data is provided by the applicant and other parties outside the control of RBF, and assumes that City staff can complete their reviews in the indicated time frame, which is also highly compressed Schedule and scope of work/fee based upon no new substantive issues being raised on the revised Screencheck IS /MND and no new technical analysis for the Final IS /MND City Auth. to Reallocate Tasks 3, 4 and part of 5 ($7,500) toward RevisionsMay 17, 2000 Receipt of Firm Project Description /Confirmation of Assumptions May 17, 2000 - Year 2002 - Ambient growth of 2% - No cumulative projects or CMP analysis (handled in Traffic Study Updates) - Planned Improvements addressed for project mitigation locations only - Use original Site Plan (signal /access handled in Traffic Study Updates) - Address IDC user qualitatively (cite MU -N uses; use Applicant's narrative) - Keep original 18 intersections - Use original El Segundo /Imperial traffic counts Revised Traffic Study Revised Screencheck Initial Study City Review (IS /MND and Traffic Study) Preparation of "Check Copy" of Draft IS /MND City Final Review /Approval for Release IS /MND Publication /Distribution Public Review Period City Council Approval of Contract Amendment Planning Commission (during public review period) City Council Public Hearing #1 City Council Public Hearing #2 May 23, 2000 May 17 - 24, 2000 May 25 - 26, 2000 May 30, 2000 May 30, 2000 May 31, 2000 June 1 - 30, 2000 June 6, 2000 June 22, 2000 July 18, 2000 (earliest date possible) August 1, 2000 074 EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adoption of plans and specifications for the Grand Avenue rehabilitation project between Main and Maryland Streets — Project No PW 99 -6 (estimated cost = $170,000) RECOMMENDED COUNCIL ACTION: Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids BACKGROUND AND DISCUSSION. The adopted fiscal year 1999 -2000 Capital Improvement Program Includes a project to rehabilitate Grand Avenue between Main and Maryland Streets On February 1, 2000, the City Council approved an agreement with Caltrans, which provided for a Caltrans grant of $105,000 for the rehabilitation project Grand Avenue is classified as a secondary arterial in the City General Plan and is a major entry route to the City's downtown The pavement of Grand Avenue is deteriorated and exhibits cracking and other types of pavement distress The Public Works Street Maintenance Division has been maintaining Grand Avenue through frequent patching and periodic slurry seal application The last major rehabilitation work was performed in 1980 and this roadway is a candidate for rehabilitation at this time Staff is recommending removal of the deteriorated pavement surface by grinding and the installation of a rubberized asphalt overlay Staff Is requesting City Council adoption of plans and specifications and authorization to solicit competitive construction bids The estimated construction cost of $170,000 is proposed to be funded by the Caltrans grant of $105,000 and $65,000 from the City's gas tax allocations ATTACHED SUPPORTING DOCUMENTS: Location map FISCAL IMPACT. Operating Budget: Amount Requested: $170,000 Account Numbers: 106- 400 -8203 -8454 = $ 65,000 121 - 400 -8203 -8454 = $105,000 Project Phase: Adoption of plans and specifications Appropriation Required: No ORIGINATED BY: Date: Andres Santamana, Director of Public Works MAY 18 2000 REVIEWED BY: / Date: Mary Strenn, Cit ana �J/9/14V N \C0UNCILUUNEO"2 (Wednesday 5717100 10 0D A M) 11 n 7 V N 11 W Jf\il J z 2 32 N .0 N O C 2 N ^ ° of Gil v`% 3NIl 11 N93ND In2 N.. s 01 3NNOMIM3`M ao AI17 oG310 NtN O AS .9.101 5s 510X1111 is "AMR."G)M IS f.sx.. is ....0)113 1! X00390 1! .O.A)9 if 931.3'! w .01~0 13 099119." lI 911"0' 13 .99)15 11 ".3I 1! OY9°N lli Yf MI9" if O"0 "NMY is 0Y02M°2 is f1YAWn Yf 091129N, 1! I1f1A `Wm 1f 1f3Yi1w Z a u 1 w u _ o a a M G' 9 acif !fl 6 iW S O x011... O A.. 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WWI I �.x V m I' 2 r f 6 O _ Z 2 LL� eO2n'n4i < I n ' 3M wr° 7M Ma LL CfM 3N11 ° aM anNla „ 'a Al wild U C 3.1 Bill" w 3M 0111211 V 1�n1 13Yn11 O LY 43x9..0" 0Y 3"2x110 �a N n i Q Q Z L W r p � U w ..l CL Q � 0 u I IV U d ♦" A N Y ' L z 076 EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration of extension to street sweeping contract with Nationwide Environmental Services for an additional three (3) years at the same rate Annual fiscal impact = $94,560 RECOMMENDED COUNCIL ACTION: Authorize staff to prepare a three (3) year contract extension agreement to Contract No. 2347 A for the Mayor's signature BACKGROUND AND DISCUSSION: In June 1994, the City awarded a three (3) year contract to Joe's Sweeping (now Nationwide Environmental Services) for sweeping of all City streets, alleys and parking lots Residential streets, commercial streets, and alleys are swept once each week and downtown streets and alleys are swept daily on weekdays On June 3, 1997, the contract was extended for an additional three (3) years The contract is scheduled to expire on June 30, 2000, however Nationwide Environmental Services has agreed to extend the contract, unchanged, for an additional three (3) years The City Attorney has reviewed and approved the contract as to form Nationwide Environmental Services has submitted a letter requesting the City to exercise its contract extension option In response to this letter, staff surveyed El Segundo neighboring Cities which contract for street sweeping Their costs are as follows City Cost Per Mile Manhattan Beach $14.11 Hawthorne $1398 Hermosa Beach $1385 Lawndale $1200 El Segundo $1080 El Segundo has 8,756 curb miles swept annually, and at $10 80 per curb mile is currently paying less than any of the surveyed Cities Based on the rate charged in the next lowest City ( Lawndale at $12 00 per curb mile), El Segundo is presently saving $10,507 per year Nationwide is doing a good lob and we receive a minimum number of complaints When complaints are received, Nationwide is quick to respond and takes the necessary corrective action Staff recommends that the City Council authorize the three (3) year contract extension ATTACHED SUPPORTING DOCUMENTS' Letter from Ani Samuehan of Nationwide Environmental Services requesting three (3) year contract extension FISCAL IMPACT- Operating Budget: Yes Amount Requested: Account Number: Project Phase: Appropriation Required: No ORIGINATED BY: Q Date: y. Andres Santamaria, Director of Public Works MAY 2 2 2000 V REVIEWED BY. Date: Mary Strenn, City Manager T,� ^ CO N XCOUNCiLUUNE00 -03 (Mondays A M) L 077 EXTENSION OF CONTRACT FOR THE SWEEPING OF STREETS AND ALLEYS This Amendment to Agreement ( "Amendment") is made and entered into as of June 2000, by and between the CITY OF EL SEGUNDO, a California general law municipal city, and NATIONWIDE ENVIRONMENTAL SERVICES, (the "Contractor), who agree as follows. 1 Recitals This Amendment is made with reference to the following facts and circumstances A The City and the Contractor are parties to that certain Contract for the Sweeping of Streets and Alleys (the "Agreement ") made and entered into on June 1, 1994 B The City and the Contractor desire to extend the Agreement for a period of an additional three (3) years as allowed pursuant to the Specifications No PW 96 -6, Section V(u) incorporated into the Agreement 2 Amendments The City and the contractor agree to the following extension of the Agreement A The term of the Agreement is extended for a period of three years, ending on the thirtieth (30) day of June, 2003 at midnight. 3 No Other Changes Except as expressly set forth in Paragraph 2 hereof, the terms of the Agreement remain unchanged and in full force and effect IN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto in El Segundo, California CITY CONTRACTOR CITY OF EL SEGUNDO JOE'S SWEEPING, INC AKA NATIONWIDE ENVIRONMENTAL SERVICES By By - Mike Gordon, Mayor Title Date ATTESTED Cindy Mortesen, City Clerk PRO// T` O FORM Mark Hensle , City Attorney Date 0 '1 a adz ad8 -57ZO 10.0Z Uluunrr a,aes Smrrpns y -_ May 4, 2000 City of El Segundo Mr. Roger Groman Gcnwal Services Manager 350 Main Street El Segundo, CA 90245 Dear Mr. Groman- Nationwide Environmental Services (NES) wishes to express our appreciation to the City of El Segundo for the opportunity to provide sweeping services to such a well organized and professional municipality. Since the contract with 131 Segundo was first let we have made every effort to provide exemplary services and pledge to continue to do our utmost to satisfy the City and its residents. We are looking forward to a long relationship with the City of El Segundo. At this time, NES would like to request a three year renewal of our street sweeping contract with an option of a three year extension due to the fact that the current contract is expiring on June 30, 2000. We hope the City of El Segundo will review our request at their convenience, it there are any questions regarding our request, please feel free to contact toe. Thank you for your consideration Sinc ly, 7 t za e is ` Administrator AS /ss 11914 Front Street 0 Norwalk, California 90650 • (5Fi7)- 860 -0604 • Fax (562)- 868 -5726 www.nes- sweeping.com 079 EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA REM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION' Rejection of bids received for the rehabilitation of Sanitary Sewer Pump Station No 13 (Project No PW 00 -1) and authorization for staff to re- advertise the project RECOMMENDED COUNCIL ACTION: Reject bids received and authorize staff to re- advertise the project for receipt of construction bids BACKGROUND AND DISCUSSION: On March 8, 2000 the City Council adopted plans and specifications for the rehabilitation of Sanitary Sewage Pump Station No 13, located at the northeast corner of Grand Avenue and Sepulveda Boulevard Intersection On May 16, 2000 the City Clerk received and opened the following bids Nordrhein Corporation $475,00000 Berkeley Engineering Company $569.00000 Engineer's Estimate $345,00000 There were five (5) plan holders, however only two (2) bids were received Both bids were considerably higher than the engineer's estimate and there was a large variance between the two (2) bid amounts Discussion with the plan holders who did not submit bids indicated that they could not prepare a bid since several similar projects were being bid on the same day These plan holders also indicated an interest in submitting a bid if the project is re- advertised Staff discussed the project with the design consultant and is of the opinion that more favorable bids could be received if the project is re -bid with some design modifications Staff is recommending City Council rejection of both bids and authorization for staff to re- advertise the project for receipt of construction bids ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: 301 -400- 8205-8360 Protect Phase: Rebid Appropriation Required: No ORIGINATED Andres Santamaria, Director of Public Works Mary Strenn, City N \COUNCILUUNE06.04 (Tuesday 5/23/001 00 P M ) MAY 2 4 2DD0 V0O ITT 13 EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration of a Resolution from the South Bay Task Force requesting the City of El Segundo to support the Task Force's efforts to mitigate noise impacts resulting from LAX by promoting the development of other airport sites, supporting legislative efforts and addressing environmental justice issues RECOMMENDED COUNCIL ACTION: Approve the resolution prepared by the South Bay Task Force BACKGROUND & DISCUSSION: The City of El Segundo has worked with the South Bay Task Force over the years on a variety of issues Though the focus of the Task Force differs somewhat from the ongoing efforts of the City in opposing the expansion of LAX, the El Segundo City Council has generally supported issues raised by the Task Force Approval of the draft resolution attached is in keeping with the City's general support of Task Force efforts ATTACHED SUPPORTING DOCUMENTS: 1) A Copy of the draft resolution; 2) Letter from the City of Hermosa Beach requesting support of the resolution FISCAL IMPACT: N/A Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATED: DATE: May 25, 2000 W.-� wart, Assistant C REVIEWED BY: DATE: 72-4-109 08. 14 RESOLUTION NO RESOLUTION OF THE SOUTH BAY TASK FORCE URGING OUR ELECTED OFFICIALS TO MITIGATE THE NEGATIVE IMPACT OF OVERFLIGHT NOISE AND OF LOS ANGELES INTERNATIONAL AIRPORT EXPANSION BY PROMOTING THE DEVELOPMENT OF OTHER AIRPORT SITES, BY WORKING TO KEEP THESE AND OTHER RELEVANT ISSUES BEFORE THE FAA AND LAWA UNTIL THEY ARE SUCCESSFULLY RESOLVED, AND HELP US IN OUR USE OF LEGISLATION, LOBBYING, PERSUASION AND LEGAL MEANS IF NECESSARY TO GET ENVIRONMENTAL JUSTICE FOR THE HEALTH, SAFETY AND QUALITY OF LIFE FOR RESIDENTS OF THE SOUTH BAY, WHEREAS, we in the South Bay have been blessed with a beautiful place to live and work which has had clean air, clean water, clean beaches, and a hospitable environment, an area which makes the whole of Southern California a desireable destination for residents, businesses, visitors and tourists, and WHEREAS, we believe in recent years that there has been an increase In airplane noise over our homes and businesses to the extent that it has negatively affected the quality of life for people living in the South Bay, and WHEREAS, Los Angeles International Airport has plans to expand by fifty percent beyond its present capacity, causing us concern about a significant increase in traffic congestion of our crowded surface streets and overcrowded Pacific Coast Highway, and WHEREAS, said expansion of LAX will also result in an increase In pollution from the added airplanes, from more passenger traffic, and from vehicles servicing the added facilities, airplanes and passengers, and WHEREAS, these issues and more make us concerned about both the South Bay's quality of life, the suitability and safety of the area as a place to raise our children, and the value of our homes and businesses, therefore NOW, THEREFORE, BE IT RESOLVED, that the South Bay Task Force urges our elected officials to mitigate the negative impact of overflight noise and of Los Angeles International Airport expansion by promoting the development of other airport sites, by working to keep these and other relevant issues before the FAA and LAWA until they are successfully resolved, and help us in our use of legislation, lobbying, persuasion and legal means if necessary to get environmental justice for the health, safety and quality of life for residents of the South Bay PASSED, APPROVED AND ADOPTED this 2000. RESOLUTION NO AIRPORT NOISE AND EXPANSION PAGE NO 1 G82 Mayor, City of El Segundo Councilmember, City of El Segundo Councilmember, City of El Segundo Councilmember, City of El Segundo Councilmember, City of El Segundo ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) 1 Cmd} Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of 2000, and the same was so passed and adopted AYES NOES ABSENT ABSTAIN Cindy Mortesen City Clerk APPROVED AS TO FORM RESOLUTION NO AIRPORT NOISE AND EXPANSION PAGE NO 2 083 lernose Beach City of Hermosa Beach l , Councilmember, City of Hermosa Beach Coundlmember, City of Hermosa Beach &�—Comdlmamber, City of Hermosa Beach City of Redondo Beach bjuus _ 084 M 05/10/00 WED 07 15 FAX 310 372 6156 CITY OF HERMOSA BEACH May 8, 2000 Nfavor and Councilmembers City of El Segundo Via Facsimile (310)322 -7137 Dear May or and Councilmembers 0002 _ City o f ,lermosa Teach.,,) - Civic Certe•, 1315 Valley Drive, He -mosa Seacr, Cati"Ornia 90254.3885 I hal e attached a resolution that I plan to give to Assemblyman Nakano and Senator Bowen next week in Sacramento I would appreciate it if you would sign it if you agree I believe that if,.ve state our concerns together we will have more voice in keeping the South Bay a beautiful place to live and work If you wish your name to be included, please sign the signature page and fax it back to me at (310) 372 -6186 by Wednesday, May 17t4 at 12 OOpm Each name returned will be added to the resolution submitted to Assemblyman Nakano and Senator Bowen Sincerely, "J R RevICzky /�j Mayor " JR rem 1: EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Three Professional Service Agreements to Implement federal Community Development Block Grant (CDBG) public service activities between the City of El Segundo and the South Bay Youth Project (Juvenile Diversion), Daniel Freeman Manna Hospital (Home Delivered Meals), and, Just Right Help, Inc (Senior In -Home Services), respectively. Contract amounts- South Bay Youth Project - $16,000; Daniel Freeman Marina Hospital - $9,500; Just Right Help, Inc - $19,500 Contract period- July 1, 2000 through June 30, 2003, for each contract. RECOMMENDED COUNCIL ACTION 1) Authorize an appropriation of $16,000 for South Bay Youth Project, $9,500 for Daniel Freeman Marina Hospital, and, $19,500 for Just Right Help, Inc. from the 2000 -2001 annual CDBG Public Service allocation (a maximum limit of 15% or $16,743), and City General Funds from the 2000 -2001 Fiscal Year budget (in an amount not to exceed $28,257); and the same amounts for each agency for the subsequent two contract years (2001 -2003) 2) Authorize the Mayor to execute said Agreements. BACKGROUND AND DISCUSSION: On January 18, 2000 the El Segundo City Council approved the 2000 -2001 Program Year Community Development Block Grant (CDBG) projects and budget. Three public service projects were approved for continuation during the 2000 -2001 CDBG Program Year. Juvenile Diversion, Home Delivered Meals, and, Senior In -Home Care. The City Council also approved the use of City General Funds to supplement the 2000 -2001 CDBG funding allocation for these public service projects (Continued on page 2) ATTACHED SUPPORTING DOCUMENTS: A Professional Service Agreements between the City of El Segundo and (1) South Bay Youth Project, (2) Daniel Freeman Manna Hospital, and (3) Just Right Help, Inc. FISCAL IMPACT. Operating Budget: Amount Requested: CDBG- $16,743 General Funds - $28,257 Account Number, CDBG - 111 - 2743(111 - 27471111 -2778 Project Phase: Appropriation Required. ORIGINATED Date: May 30, 2000 ksj Chris Ketz, Planning Manager M Hansen, Director of Community, Economic and 'ED BY: - /' 08-, 15 BACKGROUND AND DISCUSSION: (Continued from page 1) In order to successfully implement these three CDBG public services projects, the City has contracted with three separate non - profit organizations experienced in the direct provision and delivery of CDBG public service activities The non - profit agencies are the South Bay Youth Project, which administers the CDBG Juvenile Diversion project, Daniel Freeman Marina Hospital, which administers the CDBG Home Delivered Meals project; and, Just Right Help, Inc, which administers the CDBG Senior In -Home Care project. CDBG regulations allow sub - grantees (i e, cities) to waive formal procurement procedures if the service provider selected is a non - profit organization. Daniel Freeman Marina Hospital has been providing nutritional services to homebound El Segundo residents for more than ten years. On average, more than 4,500 meals are delivered annually to approximately 30 residents. Daniel Freeman Manna Hospital will continue to provide five -day per week hot meal service and weekend meal service for a cost of $4 per meal or $9,500 annually, plus additional compensation received through client donations Just Right Help, Inc., has been providing in -home care services to El Segundo senior adults and /or severely handicapped individuals for more than eight years On average, approximately 600 home visitations are made annually. Just Right Help, Inc., will continue to provide this service for an amount not to exceed $19,500 per year. The South Bay Youth Project has provided counseling services to at -nsk El Segundo Youth for more than eight years Approximately 40 to 60 counseling hours are provided monthly The South Bay Youth Project will continue these services at a cost not to exceed $16,000 annually. Each of these agencies currently holds three -year public service agreements with the City of El Segundo to provide CDBG public service activities Each agreement will expire on June 30, 2000 Each agency has agreed to continue services to El Segundo residents at no increase in cost Each agency satisfactorily adheres to the regulations governing the CDBG Program, and has, throughout the years, successfully passed the Los Angeles County Community Development Commission's programmatic and fiscal monitoring reviews. Pursuant to CDBG regulations, CDBG contracts for professional services may be awarded for a period up to three years The term for each agreement therefore, will be effective from July 1, 2000 through June 30, 2003 agendas \06 -06 -00 ais nPi PUBLIC SERVICE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE CITY OF REDONDO BEACH (THE SOUTH BAY YOUTH PROJECT) This Agreement, made and entered into this 1st day of Jam, 2000, by and between the City of El Segundo, a municipal corporation (CITY), and the City of Redondo Beach, a chartered municipal corporation, (REDONDO BEACH) acting as the sponsoring agency for THE SOUTH BAY YOUTH PROJECT It is understood by the parties that the obligations performed under this Agreement by THE SOUTH BAY YOUTH PROJECT shall be performed by the City of Redondo Beach employees operating THE SOUTH BAY YOUTH PROJECT The parties hereto mutually agree as follows SECTION I RECITALS This Agreement is made and entered into with respect to the following facts A That the CITY is a participant in the Los Angeles Community Development Commission's Community Development Block Grant (CDBG) Program The CDBG program is funded by the U S Department of Housing and Urban Development (HUD) pursuant to Title 1 of the Housing and Community Development Act of 1984 as amended ( "ACT') B That the CITY has approved the provisions of federal funds under the ACT to be used to provide professional services for the implementation of a youth counseling /juvenile diversion project, and C That the CITY is desirous of obtaining the services of a qualified agency to perform said services, and D That REDONDO BEACH administers THE SOUTH BAY YOUTH PROJECT for nine South Bay cities through members of its staff assigned to the Project; and E That THE SOUTH BAY YOUTH PROJECT possesses the knowledge, expertise, and experience to provide the programmatic services necessary for the successful operation of troubled youth counseling program and is desirous of furnishing these services; and F That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement. WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties do hereby agree as follows I SERVICES THE SOUTH BAY YOUTH PROJECT will utilize CITY Community Development Block Grant (CDBG) funds to contract for counseling services for El Segundo Unified School District students for a three year period beginning July 1, 2000, and ending June 30, 2003, and subject to annual review The following services will be provided in accordance with the conditions herein set forth A Identify "high- risk" students suspected of being victims of physical and /or emotional abuse, juwa1v2000 088 B Conduct initial assessments of high -nsk youth and recommend appropriate counseling services, and/or C Refer high -risk youth to professional, bona -fide therapists for further consultation, if necessary and where appropriate The above services must be provided to the City of El Segundo residents from households meeting verified low and moderate income criteria as established by the Federal Housing and Urban Development Department (HUD) and the Los Angeles County Community Development Commission (COUNTY) At least 51% of the clients served must meet said low and moderate household income criteria and must be verified residents of the City of El Segundo Residency information must be kept on all clients served under this program However, the nature and condition under which this program will serve its clientele presumes that the program's recipients are principally low and moderate income persons (i e., abused children) HUD has determined that the following groups can generally be presumed to be of low or moderate income and, therefore, qualify for services provided with CDBG funds without proof of household income status abused children, elderly persons, persons with AIDS, battered spouses, homeless persons, illiterate persons, and migrant farm workers This presumption, however, may be challenged by CITY, COUNTY, or HUD should it be apparent that a substantial number of persons qualifying under these guidelines clearly do not meet low and moderate household income requirements 11 TERM Said services contracted with THE SOUTH BAY YOUTH PROJECT under this Agreement shall be for a three year period, commencing July 1, 2000 and ending June 30, 2003, with an option for annual review III PERFORMANCE THE SOUTH BAY YOUTH PROJECT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of THE SOUTH BAY YOUTH PROJECT hereunder, in meeting its obligations under this Agreement THE SOUTH BAY YOUTH PROJECTS performance under this Agreement shall be continuously evaluated by the Director of Community, Economic and Development Services of the City ( "Director") or his or her designee. THE SOUTH BAY YOUTH PROJECT shall be notified in writing of any deficiency in a timely manner THE SOUTH BAY YOUTH PROJECT shall have fifteen (15) consecutive business days from service of such notification to cure any deficiency to the reasonable satisfaction of the Director or his or her designee IV COMPENSATION AND METHOD OF PAYMENT Upon compliance with specified performance requirements, CITY shall reimburse THE SOUTH BAY YOUTH PROJECT an amount not to exceed $16,000 for the Fiscal Year 2000 -2001 which shall constitute full and complete sabsfacbon of the obligations under this Agreement Annual compensation is based upon an allocation of both CDBG funds and City funds Compensation paid in future years shall be based on a portion of the CITY'S annual allocation, if and when CDBG funds are made available to CITY from COUNTY, The parties understand and agree that such reimbursement, if any, shall be conditioned upon receipt of CDBG funds by CITY from COUNTY Such funds, if any, shall be paid only after development and execution of a Memorandum of Understanding between CITY and COUNTY necessary to implement the project covered by this Agreement, and receipt and approval by CITY of a periodic detailed invoice, and any other program monitoring reports required by CITY, in a form specified by CITY. Payments shall be made by CITY to THE SOUTH BAY YOUTH PROJECT in installments pursuant to the 2 jw- Aivz000 following After services have been rendered by THE SOUTH BAY YOUTH PROJECT, a detailed invoice on forms mutually acceptable to both parties shall be submitted to CITY CITY will then process payment to THE SOUTH BAY YOUTH PROJECT and pursue claim for payment from COUNTY, based upon said invoice Payment will be made to THE SOUTH BAY YOUTH PROJECT in the amount of the invoice as approved by CITY and subject to return to CITY should the COUNTY prove unwilling or unable to reimburse CITY for said payment. THE SOUTH BAY YOUTH PROJECT shall be compensated only as provided in this Agreement The City of El Segundo shall not be deemed responsible for any financial or other obligation which is provided to regular employees of the CITY THE SOUTH BAY YOUTH PROJECT shall not receive any fringe benefits of any kind. The CITY shall not make any deductions from the compensation speed in this Agreement nor provide any coverage for, but not limited to, unemployment, disability, liability, health, dental, life or any other forms of insurance and pension programs, including the state of Califorua's Public Employees' Retirement System and Federal Social Security The CITY shall not withhold any money for Federal and State Income Taxes The CITY shall not grant any paid time off from work for illness, vacation, holidays or any other leave V SOURCE OF FUNDS THE SOUTH BAY YOUTH PROJECT will be receiving funds from the Department of Housing and Urban Development through this CDBG program, as regulated in 24 Code of the Federal Regulations Part 570 Community Development Block Grant Program Final Rule as published in the Federal Register VI BUDGET THE SOUTH BAY YOUTH PROJECT agrees to submit a budget to CITY in a format designated by CITY and will provide services to CITY in compliance with said budget, as shown in Exhibit "A ", attached hereto and, by reference, incorporated herein and made a part hereof No budgetary changes shall occur without prior written notice to, and written approval of amendments by CITY VII PROGRAM EVALUATION AND REVIEW THE SOUTH BAY YOUTH PROJECT shall make performance, financial, and all other records pertaining to this Agreement available to all CITY and COUNTY personnel, and allow said CITY and COUNTY personnel to inspect and monitor its facilities and program operations, including the interviewing of THE SOUTH BAY YOUTH PROJECT staff and program participants THE SOUTH BAY YOUTH PROJECT agrees to submit to CITY and COUNTY all data necessary to complete the Annual Grantee Performance Report in accordance with the United States Department of Housing and Urban Development (HUD) requirements in the format and at the time designated by CITY or COUNTY Project Directors or their designees. Said data must include verified residency information, verified household income status, client ethnicity, and client head of household status (i a male or female headed household). THE SOUTH BAY YOUTH PROJECT agrees to submit to CITY quarterly reports on CITY provided Quarterly Reporting forms and any other reports deemed necessary by CITY. VIII SUSPENSION TERMINATION OR ABANDONMENT OF AGREEMENT The CITY may, at any time, with or without cause, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon THE SOUTH BAY YOUTH PROJECT at least thirty (30) days prior written notice Upon receipt of said notice, THE SOUTH BAY YOUTH PROJECT shall immediately cease all work under this Agreement, unless the notice provides otherwise Upon receipt of such notice, THE SOUTH BAY YOUTH PROJECT shall immediately prepare and serve upon the CITY an invoice covering all outstanding fees or other claimed 3 Jw -div=0 0 9 0 compensation In the event of such termination, THE SOUTH BAY YOUTH PROJECT shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination If the CITY suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement IX BREACH OF CONTRACT In the event that THE SOUTH BAY YOUTH PROJECT is in default under the terns of this Agreement, the CITY shall have no obligation or duty to continue compensating THE SOUTH BAY YOUTH PROJECT for any work performed after the tasks described herein are performed to the reasonable satisfaction of the Director of Planning and Building Safety of the CITY Failure by THE SOUTH BAY YOUTH PROJECT to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of THE SOUTH BAY YOUTH PROJECT shall not be considered a default If the Director or his or her designee determines that THE SOUTH BAY YOUTH PROJECT is in default in the performance of any of the terms or conditions of this Agreement, it shall serve THE SOUTH BAY YOUTH PROJECT with written notice of the default THE SOUTH BAY YOUTH PROJECT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance In the event that THE SOUTH BAY YOUTH PROJECT fails to cure its default within such period of time, the CITY shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement X OWNERSHIP OF DOCUMENTS All original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the CITY and may be used, reused or otherwise disposed of by the CITY without the permission of THE SOUTH BAY YOUTH PROJECT Upon termination of this Agreement, THE SOUTH BAY YOUTH PROJECT shall turn over to CITY all original papers, drawings, models, reports, documents or other materials generated by THE SOUTH BAY YOUTH PROJECT under this Agreement Xl OWNERSHIP OF MATERIALS All reports, documents, floppy discs, diskettes or other materials developed or discovered by THE SOUTH BAY YOUTH PROJECT during the course of this Agreement shall be solely the property of the CITY without restriction or limitation on CITY's use XII CONFIDENTIALITY THE SOUTH BAY YOUTH PROJECT shall not, either during or after the term of this Agreement, disclose to any third party any confidential information relative to the work or the business of the CITY and /or any affiliated organization, without the written consent of the CITY XIII PUBLICATION Publication, teaching or reproduction by THE SOUTH BAY YOUTH PROJECT of information directly derived from work performed or data obtained in connection with services rendered under this Agreement is prohibited unless first approved in writing by CITY. Xiv RECORDS AND AUDITS 4 luv- d1v2000 .� 091 THE SOUTH BAY YOUTH PROJECT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non - federal shares These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement unless permission to destroy them is granted by the CITY XV EQUAL EMPLOYMENT OPPORTUNITY THE SOUTH BAY YOUTH PROJECT shall not discriminate against any employee or applicant for employment in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other forms of compensation, selection for training including apprenticeship, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement THE SOUTH BAY YOUTH PROJECT shall comply with the provisions of the State Fair Employment Practices Act as set forth in the California Fair Employment and Housing Act, Title 2, Division 3, Part 2 8, of the California Government Code, Section 12900 et. seq XVI COMPLIANCE WITH FEDERAL REGULATIONS During the performance of this Agreement, THE SOUTH BAY YOUTH PROJECT agrees to comply with the following Federal provisions. Executive Order 11246 requires that during the performance of this agreement, THE SOUTH BAY YOUTH PROJECT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. THE SOUTH BAY YOUTH PROJECT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin Such action shall include, but not be limited to the following employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship THE SOUTH BAY YOUTH PROJECT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by THE SOUTH BAY YOUTH PROJECT setting forth the provisions of this non - discrimination clause. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Title VI of the Civil Rights Act of 1964, as amended, and Title Vlll of the Civil Rights Act of 1968, as amended, that provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance Section 109, Title 1 of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply jwajv2000 09 2 Shall comply with all regulations of the Americans With Disabilities Act (ADA) of 1990 (42 USC Section 12101 et. seq.). XVII INTEREST OF MEMBERS OF THE CITY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in the Agreement, and THE SOUTH BAY YOUTH PROJECT shall take appropriate steps to assure compliance XVIII INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement, and THE SOUTH BAY YOUTH PROJECT shall take appropriate steps to assure compliance. XIX INTEREST OF THE SOUTH BAY YOUTH PROJECT AND EMPLOYEES No person performing services for CITY in connection with this Agreement shall have a financial or other personal interest other than her employment or retention by CITY in any contract or subcontract in connection with this Agreement THE SOUTH BAY YOUTH PROJECT further covenants that in the performance of this Agreement, no person having any such interest shall be employed XX INDEPENDENT CONTRACTOR THE SOUTH BAY YOUTH PROJECT shall perform the services as contained herein as an independent contractor and shall not be considered an employee of CITY or under CITY supervision or control This Agreement is by and between THE SOUTH BAY YOUTH PROJECT and CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the CITY and THE SOUTH BAY YOUTH PROJECT XXI LEGAL RESPONSIBILITIES THE SOUTH BAY YOUTH PROJECT shall, at all times during the term of this Agreement, have in full force and effect, all licenses and permits required of it by law. THE SOUTH BAY YOUTH PROJECT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by THE SOUTH BAY YOUTH PROJECT or in any way affect the performance of the services pursuant to this Agreement THE SOUTH BAY YOUTH PROJECT shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of federal, state and local governments, including but not limited to the Ell Segundo Municipal Code. The CITY, and its officers, employees or agents, shall not be liable at law or in equity occasioned by failure of THE SOUTH BAY YOUTH PROJECT to comply with this section. THE SOUTH BAY YOUTH PROJECT may be required to file a Statement of Economic Interests (Form 730 of the California Fair Political Practices Commission) with the CITY for employees designated to the CITY to be used on this project prior to the execution of this Agreement XXII UNAUTHORIZED ALIENS THE SOUTH BAY YOUTH PROJECT hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. § 1101, et seq.), as amended, and, in connection therewith, shall not employ unauthorized aliens as defined therein Should THE SOUTH BAY YOUTH PROJECT so employ such unauthorized aliens for the performance of work and /or services covered by this Agreement, and should the Federal javdiv2000 0 93 Government impose sanctions against the CITY for such use of unauthorized aliens, THE SOUTH BAY YOUTH PROJECT hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attomeys' fees, incurred by the CITY in connection therewith XXIII SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by THE SOUTH BAY YOUTH PROJECT whose name is as appears first above written and said SOUTH BAY YOUTH PROJECT shall not assign nor transfer any interest in this Agreement without the prior written consent of the CITY The Agreement shall be binding upon the heirs, executors, and administrators, successors and assigns of the parries hereto Claims for money by THE SOUTH BAY YOUTH PROJECT from the CITY under this Agreement may be assigned to bank, trust company, or other financial institution without such approval Written notice of any such assignment or transfer shall be furnished promptly to the CITY XXIV INDEMNIFICATION A THE SOUTH BAY YOUTH PROJECT represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by THE SOUTH BAY YOUTH PROJECT, and CITY relies upon the skills and knowledge of THE SOUTH BAY YOUTH PROJECT THE SOUTH BAY YOUTH PROJECT shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California B THE SOUTH BAY YOUTH PROJECT is an independent contractor and shall have no authority to bind CITY nor to create or incur any obligation on behalf of or liability against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by CITY. REDONDO BEACH - THE SOUTH BAY YOUTH PROJECT agrees to hold the CITY, its officers, agents and employees harmless from any and all claims, liabilities or losses for personal injury, death or property damage rising out of or in connection with work undertaken pursuant to this Agreement to the extent any such claim is caused by or results from any negligent acts or omissions, or intentional misconduct of REDONDO BEACH - THE SOUTH BAY YOUTH PROJECT its employees or its agents. Further, REDONDO BEACH - THE SOUTH BAY YOUTH PROJECT agrees to provide the CITY, its officers, agents and employees, at REDONDO BEACH - THE SOUTH BAY YOUTH PROJECTS sole expense, with the defense of any and all such actions, suits or other legal proceedings brought against the CITY, its officers, agents and employees rising out of or in connection with the work undertaken pursuant to this Agreement. REDONDO BEACH - THE SOUTH BAY YOUTH PROJECT shall not be liable for the indemnification and defense of the CITY on claims or litigation ansing out of the sole negligence or sole willful misconduct of the CITY The insurance required to be maintained by THE SOUTH BAY YOUTH PROJECT under paragraph XXV shall ensure THE SOUTH BAY YOUTH PROJECTS obligations under this paragraph XXIV (B), but the limits of such insurance shall not limit the liability of THE SOUTH BAY YOUTH PROJECT hereunder. The provisions of this paragraph XXIV (B) shall survive the expiration or earlier termination of this Agreement XXV INSURANCE A Insurance Reouirements THE SOUTH BAY YOUTH PROJECT shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, 7 tUV -404 n 0.94 against claims for injuries to persons or damages to property which may anse from or in connection with the performance of the work hereunder by THE SOUTH BAY YOUTH PROJECT, its agents, representatives or employees Insurance is to be placed with insurers with a current A M. Best's rating of no less than A-VII THE SOUTH BAY YOUTH PROJECT shall provide the following scope and limits of insurance (1) Minimum Scope of Insurance Coverage shall be at least as broad as. (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the CITY (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of THE SOUTH BAY YOUTH PROJECT and all risks to such persons under this Agreement (d) Errors and omissions liability insurance appropriate to THE SOUTH BAY YOUTH PROJECT'S profession (2) Minimum Limits of Insurance THE SOUTH BAY YOUTH PROJECT shall maintain limits of insurance no less than the following, or, at an amount satisfactory to the Director of Planning and Building Safety (a) General Liability $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 related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per a=dent for bodily injury and property damage (c) Workers' Compensation and Employers Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident (d) Errors and Omissions Liability $1,000,000 per occurrence Other Provisions Insurance policies required by this Agreement shall contain the following provisions (1) All Policies Each insurance policy required by this paragraph XXII shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to jw4W2M r;45 this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mad, return receipt requested, has been given to the CITY (2) General Liability and Automobile Liability Coverages (a) CITY, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects liability arising out of activities THE SOUTH SAY YOUTH PROJECT performs, products and completed operations of THE SOUTH BAY YOUTH PROJECT, premises owned, occupied or used by THE SOUTH BAY YOUTH PROJECT, or automobiles owned, leased or hired or borrowed by THE SOUTH BAY YOUTH PROJECT The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, or employees, (b) THE SOUTH BAY YOUTH PROJECTS insurance coverage shall be primary insurance as respect to CITY, its officers, officials, employees and volunteers Any insurance or self insurance maintained by CITY, its officers, officials, employees and volunteers shall apply in excess of, and not contribute with, THE SOUTH BAY YOUTH PROJECTS insurance. (c) THE SOUTH BAY YOUTH PROJECTS insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees and volunteers. (3) Workers' Compensation and Employer's Liability Coverage Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, its officers, officials, employees and agents for losses arising from work performed by THE SOUTH BAY YOUTH PROJECT for CITY. C. Other Requirements THE SOUTH BAY YOUTH PROJECT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that THE SOUTH BAY YOUTH PROJECT furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) THE SOUTH BAY YOUTH PROJECT shall furnish certificates and endorsements from each subcontractor identical to those THE SOUTH BAY YOUTH PROJECT provides (2) Any deductibles or self - insured retentions must be declared to and approved by CITY At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the CITY, its officers, officials, employees and volunteers; or THE SOUTH BAY YOUTH PROJECT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. jwd1v2000 0 9 6 (3) The procuring of such required policy or policies of insurance shall not be construed to limit THE SOUTH BAY YOUTH PROJECTS liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement XXVI SEVERABILITY This Agreement contains the entire understanding between the CITY and THE SOUTH BAY YOUTH PROJECT Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding XXVII WAIVER Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof XXVIII CHANGES The CITY may request changes in the scope of the services of THE SOUTH BAY YOUTH PROJECT to be performed hereunder Such changes, including any increase or decrease in the amount of THE SOUTH BAY YOUTH PROJECTS compensation, which are mutually agreed upon by and between the CITY and THE SOUTH BAY YOUTH PROJECT, shall be incorporated in written amendments to this Agreement XXIX REPORTS AND INFORMATION THE SOUTH BAY YOUTH PROJECT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. THE SOUTH BAY YOUTH PROJECT agrees to provide CITY with a written quarterly summary of activities on or before the 5th day of the month following the end of a quarter of the project year (October, January, April, and July) If THE SOUTH BAY YOUTH PROJECT fads to do so, CITY may withhold funds until said written quarterly summary has been received. Ethnic and Head of Household data, consistent with HUD's Grantee Performance Report requirements, must also be provided XXX PERSONNEL THE SOUTH BAY YOUTH PROJECT represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement All of the services required hereunder will be performed by THE SOUTH BAY YOUTH PROJECT or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement XXXI CONFLICT OF INTEREST No person performing services for the City of El Segundo in connections with this Agreement shall have a financial or other personal interest other than his or her employment or retention by the City of El Segundo in any contract or subcontract in connection with this 10 juv4irZM 097 Agreement No officer or employee of such person retained by the City of El Segundo shall have any financial or other personal interest in any real property in which the plans of said property are being checked in connection with this Agreement XXXII ATTORNEY'S Z=EES If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled XXXIII LOBBYING CERTIFICATION THE SOUTH BAY YOUTH PROJECT certifies that- 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of THE SOUTH BAY YOUTH PROJECT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, THE SOUTH BAY YOUTH PROJECT shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying ", in accordance with its instructions. 3 THE SOUTH BAY YOUTH PROJECT shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly XXXIV NOTICE Notices, herein shall be presented in person or by certified or registered U.S. Mail, as follows to THE SOUTH BAY YOUTH PROJECT The South Bay Youth Project 320 Knob Hill Redondo Beach, California 90277 Phone No (310) 372 -7724 Attn Dan Smith, Executive Director to the CITY James M Hansen, Director Community, Economic and Development Services City of El Segundo 350 Main Street El Segundo, CA 90245 with a copy to City Attorney City of Ell Segundo Burke, Williams & Sorensen 611 W Sixth Street, Suite 2500 Los Angeles, California 90017 11 iwaivz000 098 XXXV GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California XXXVI APPROVAL BY CITY COUNCIL. On January 18, 2000, the City Council of the City of El Segundo approved the CITY entering into this Agreement and authorized the Director of Community, Economic and Development Services to sign this Agreement on behalf of the CITY IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written SIGNATURES CITY OF EL SEGUNDO: James M Hansen, Director Community, Economic and Development Services ATTESTED: Cindy Mortesen, City Clerk City of El Segundo (SEAL) APPROVED AS TO FORM: Mark D Hensley, City Attorney City of El Segundo THE SOUTH BAY YOUTH PROJECT: Executive Director Mayor, City of Redondo Beach ATTESTED: City Clerk City of Redondo Beach APPROVED AS TO FORM: Assistant City Attorney City of Redondo Beach (SEAL) 12 iWew2000 099 EXHIBIT A THE SOUTH BAY YOUTH PROJECT will be paid at the rate of $40 per hour for counseling services rendered to "at -nsk" children and youth in the City of El Segundo Hours per month will vary according to the number of clients served and the number of visits (hours) required to complete the counseling needed Clients usually attend a series of eight (8) counseling sessions, both individual and in a group with the family involved 13 juv- div=() 100 PUBLIC SERVICE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND JUST RIGHT HELP, II, INC. THIS AGREEMENT is entered into this 1st day of July, 2000 by and between THE CITY OF EL SEGUNDO, Municipal Corporation of the State of California (hereinafter "CITY") and JUST RIGHT HELP, II. INC, a non -profit corporation (hereinafter referred to as "CONSULTANT"), and is made with reference to the following facts RECITALS A CITY, is the participant in the Los Angeles County Community Development Commission's (hereinafter "COUNTY") Community Development Block Grant (CDBG) Program The Community Development Block Grant program is funded by the United States Department of Housing and Urban Development ( "HUD ") pursuant to Title I of the Housing and Community Development Act of 1974, as amended ( "ACT') , B CITY has approved the provision of federal funds under the ACT to be used to provide in -home services to local shut -ins who require, medical, physical, and /or home maintenance assistance Approximately 400 to 600 home visitations will be made to elderly and /or severely handicapped persons Of those served, at least fifty -one (51 %) percent of the total number of persons must be residents of the City of Ell Segundo. Residency information must be kept on all clients served under this program C That the CITY is desirous of obtaining the services of a qualified consultant to perform said services, and D That CONSULTANT has demonstrated to be the most qualified to offer such services and CONSULTANT has agreed to perform such services, subject to the terms and conditions set forth in this Agreement, and E That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement. WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties do hereby agree as follows I DESCRIPTION OF WORK CONSULTANT agrees to use all federal funds provided by CITY to CONSULTANT pursuant to this Agreement for said Community Development Block Grant (CDBG) program CDBG funds shall be used solely to provide in -home care services to senior and/or severely handicapped persons during the course of the project year. Program will consist of weekly, bi- monthly, or monthly visits to service the client's needs most effectively as determined by the Recreation and Parks Department's Outreach personnel jutrisnc000i 101 II TIME OF PERFORMANCE This Agreement shall commence as of July 1, 2000 and shall remain m full force and effect until June 30, 2003, with an option for annual review III PERFORMANCE. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement. Consultant's performance under this Agreement shall be continuously evaluated by Director of Community, Economic and Development Services of the City ("Director") or his or her designee. CONSULTANT shall be notified in writing of any deficiency in a timely manner CONSULTANT shall have fifteen (15) consecutive business days from service of such notification to cure any deficiency to the reasonable satisfaction of the Director or his or her designee 1V EXTRA SERVICES. No extra services shall be rendered by CONSULTANT under this Agreement unless such extra services first shall have been authorized in writing by the CITY V COMPENSATION AND METHOD OF PAYMENT. A Rates For services performed under this Agreement, the CITY shall pay the CONSULTANT at the rate of $11.50 per hour Rates are subject to annual review and must be mutually acceptable to both parties of this Agreement B Maximum Compensation The total compensation to be paid by CITY to CONSULTANT for services rendered from a combination of CDBG funds when, if and to the extent received from HUD, and from City General Funds shall not exceed $19,500 for the Fiscal Year 2000 -2001, unless additional payment is approved by the City Council Maximum compensation may vary in subsequent years, depending upon the CITY'S annual CDBG allocation received from HUD. The CONSULTANT shall be compensated only as provided in this Agreement. The City of El Segundo shall not be deemed responsible for any financial or other obligation which is provided to regular employees of the City The CONSULTANT shall not receive any fringe benefits of any kind. The CITY shall not make any deductions from the compensation specified in this Agreement nor provide any coverage for, but not limited to, unemployment, disability, liability, health, dental, life or any other forms of insurance and pension programs, including the state of California's Public Employees' Retirement System and Federal Social Security The CITY shall not withhold any money for Federal and State Income Taxes. The CITY shall not grant any paid time off from work for illness, vacation, holidays or any other leave. C Method of Payment The CONSULTANT shall submit monthly invoices to the CITY specifying the amount due for actual services performed by the CONSULTANT. Such invoices shall describe the services performed and specify the number of hours worked and the number of Clients served during the invoice billing period. The CITY will review each invoice submitted by the CONSULTANT to determine whether the services performed and materials submitted are in compliance with the provisions of this Agreement All invoices shall be approved or returned to CONSULTANT for correction 2 jstfthL00A1 1 ('2 D Budoet CONSULTANT agrees to submit a budget to CITY in a format designated by CITY and will provide services to CITY in compliance with said budget, as shown in Attachments 1 and 2, attached hereto and, by reference, incorporated herein and made a part hereof No budgetary changes shall occur without prior written notice to, and written approval of amendments by CITY VI SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT The CITY may, at any time, with or without cause, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the CONSULTANT at least thirty (30) days prior written notice Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this Agreement, unless the notice provides otherwise Upon receipt of such notice, the CONSULTANT shall immediately prepare and serve upon the CITY an invoice covering all outstanding fees or other claimed compensation In the event of such termination, CONSULTANT shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination If the CITY suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement VII BREACH OF CONTRACT In the event that CONSULTANT is in default under the terms of this Agreement, the CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the tasks described herein are performed to the reasonable satisfaction of the Director of Planning and Budding Safety of the City Failure by the CONSULTANT to make progress in the performance of work hereunder, rf sucn failure arises out of causes beyond his control, and without fault or negligence of the CONSULTANT, shall not be considered a default If the Director or his or her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the CONSULTANT with written notice of the default The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance In the event that the CONSULTANT fads to cure its default within such period of time, the CITY shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement VIII OWNERSHIP OF DOCUMENTS All original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the CITY and may be used, reused or otherwise disposed of by the CITY without the permission of the CONSULTANT Upon termination of this Agreement, CONSULTANT shall turn over to CITY all original papers, drawings, models, reports, documents or other materials generated by CONSULTANT under this Agreement. IX OWNERSHIP OF MATERIALS. All reports, documents, floppy discs, diskettes or other materials developed or discovered by CONSULTANT during the course of this Agreement shall be solely the property of the CITY without restriction or limitation on CITY's use X CONFIDENTIALITY. 3 jstright.00.01 103 CONSULTANT shall not, either during or after the tens of this Agreement, disclose to any third party any confidential information relative to the work or the business of the CITY and/or any affiliated organization, without the written consent of the CITY. XI PUBLICATION. Publication, teaching or reproduction by CONSULTANT of information directly derived from work performed or data obtained in connection with services rendered under this Agreement is prohibited unless first approved in writing by CITY XII RECORDS AND AUDITS The CONSULTANT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non - federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement unless permission to destroy them is granted by the CITY XIII EQUAL EMPLOYMENT OPPORTUNITY CONSULTANT shall not discriminate against any employee or applicant for employment in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other fortes of compensation, selection for training including apprenticeship, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement CONSULTANT shall comply with the provisions of the State Fair Employment Practices Act as set forth in the California Fair Employment and Housing Act, Title 2, Division 3, Part 2 8, of the California Government Code, Section 12900 et. seq. XIV COMPLIANCE WITH FEDERAL REGULATIONS During the performance of this Agreement, the Consultant agrees to comply with the following Federal provisions - Executive Order 11246 requires that during the performance of this agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisions of this non - discrimination clause. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Title VI of the Civil Rights Act of 1964, as amended and Title VIII of the Civil Rights Act of 1968, as amended that provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance 4 jstritht.00 -01 1-04 Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply. Shall comply with all regulations of the Americans With Disabilities Act (ADA) of 1990 (42 USC Section 12101 et. seq.) XV INTEREST OF MEMBERS OF THE CITY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in the Agreement, and the CONSULTANT shall take appropriate steps to assure compliance. XVI INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement, and the CONSULTANT shall take appropriate steps to assure compliance. XVII INTEREST OF CONSULTANT AND EMPLOYEES No person performing services for CITY in connection with this Agreement shall have a financial or other personal interest other than her employment or retention by CITY in any contract or subcontract in connection with this Agreement The CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed XVIII INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services as contained herein as an independent contractor and shall not be considered an employee of CITY or under CITY supervision or control. This Agreement is by and between the CONSULTANT and CITY and is not intended, and shag not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the CITY and the CONSULTANT. XIX LEGAL RESPONSIBILITIES The CONSULTANT shall, at all times during the tern of this Agreement, have in full force and effect, all licenses and permits required of it by law. The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by the CONSULTANT or in any way affect the performance of the services pursuant to this Agreement The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of federal, state and local governments, including but not limited to the El Segundo Municipal Code. The City, and its officers, employees or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section. CONSULTANT may be required to file a Statement of Economic Interests (Forth 730 of the California Fair Political Practices Commission) with the CITY for employees designated to the CITY to be used on this project prior to the execution of this Agreement. XX UNAUTHORIZED ALIENS 5 ptfth oo.oi 105 CONSULTANT hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. § 1101, at seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein Should CONSULTANT so employ such unauthorized aliens for the performance of work and /or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the CITY in connection therewith. XXI SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by the CONSULTANT whose name is as appears first above written and said CONSULTANT shall not assign nor transfer any interest in this Agreement without the prior written consent of the CITY The Agreement shall be binding upon the heirs, executors, and administrators, successors and assigns of the parties hereto Claims for money by CONSULTANT from the CITY under this Agreement may be assigned to bank, trust company, or other financial institution without such approval Written notice of any such assignment or transfer shall be furnished promptly to the CITY XXII INDEMNIFICATION A CONSULTANT represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by CONSULTANT, and CITY relies upon the skills and knowledge of CONSULTANT CONSULTANT shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California B CONSULTANT is an independent contractor and shall have no authority to bind CITY nor to create or incur any obligation on behalf of or liability against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by CITY CONSULTANT agrees to hold the CITY, its officers, agents and employees harmless from any and all claims, liabilities or losses for personal injury, death or property damage rising out of or in connection with work undertaken pursuant to this Agreement to the extent any such claim is caused by or results from any negligent acts or omissions, or intentional misconduct of the CONSULTANT, its employees or its agents. Further, CONSULTANT agrees to provide the CITY, its officers, agents and employees, at CONSULTANTS sole expense, with the defense of any and all such actions, suits or other legal proceedings brought against the CITY, its officers, agents and employees rising out of or in connection with the work undertaken pursuant to this Agreement CONSULTANT shall not be liable for the indemnification and defense of the CITY on claims or litigation ansing out of the sole negligence or sole willful misconduct of the CITY The insurance required to be maintained by CONSULTANT under paragraph XXII shall ensure CONSULTANT'S obligations under this paragraph XXI (B), but the limits of such insurance shall not limit the liability of CONSULTANT hereunder The provisions of this paragraph XXI (B) shall survive the expiration or earlier termination of this Agreement. XXIII INSURANCE A Insurance Reouirements CONSULTANT shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the tern of this Agreement, against claims for injuries to persons or damages to property which may anse from or in connection with the performance of the work 6 h>sknc.oaoi 106 hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII CONSULTANT shall provide the following scope and limits of insurance (1) Minimum Scope of Insurance Coverage shall be at least as broad as, (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (b) Insurance Services Office form number CA 0001 (Ed 1187) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the CITY (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this Agreement (d) Errors and omissions liability insurance appropriate to the CONSULTANT'S profession (2) Minimum Limits of Insurance CONSULTANT shall maintain limits of insurance no less than the following, or, at an amount satisfactory to the Director of Planning and Building Safety: (a) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other forth with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per occurrence (B) Other Provisions Insurance policies required by this Agreement shall contain the following provisions (1) All Policies Each insurance policy required by this paragraph XXII shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the CITY. (2) General Liability and Automobile Liability Coverages 7 /atrigec.00-01 107 (a) CITY, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability ansing out of activities CONSULTANT performs, products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT, or automobiles owned, leased or hired or borrowed by CONSULTANT The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, or employees (b) CONSULTANT'S insurance coverage shall be primary insurance as respect to CITY, its officers, officials, employees and volunteers Any insurance or self insurance maintained by CITY, its officers, officials, employees and volunteers shall apply in excess of, and not contribute with, CONSULTANT'S insurance (c) CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees and volunteers (3) Workers' Compensation and Employer's Liability Coverage Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, its officers, officials, employees and agents for losses ansmg from work performed by CONSULTANT for CITY. (C) Other Regurrements CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of onginal endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind .coverage on its behalf CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides (2) Any deductibles or self - insured retentions must be declared to and approved by CITY At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the CITY, its officers, officials, employees and volunteers, or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims (3) The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT'S liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement XXIV SEVERASH -ITY This Agreement contains the entire understanding between the CITY and CONSULTANT. Any pnor agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect Subsequent modifications to this Agreement shall be effective only If in writing 8 jatrl`ht.00-01 "Woo o] and signed by all parties If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding XXV WAIVER Waiver by any party hereto of any tens, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof XXVI CHANGES The CITY may request changes in the scope of the services of the CONSULTANT to be performed hereunder Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written amendments to this Agreement XXVII REPORTS AND INFORMATION The CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement CONSULTANT agrees to provide CITY with a written quarterly summary of activities on or before the 5th day of the month following the end of a quarter of the project year (October, January, April, and July) If CONSULTANT fails to do so, CITY may withhold funds until said written quarterly summary has been received Ethnic and Head of Household data, consistent with HUD's Grantee Performance Report requirements, must also be provided XXVIII PERSONNEL CONSULTANT represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement All of the services required hereunder will be performed by CONSULTANT or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement XXIX CONFLICT OF INTEREST No person performing services for the City of El Segundo in connections with this Agreement shall have a financial or other personal interest other than his or her employment or retention by the City of El Segundo in any contract or subcontract in connection with this Agreement No officer or employee of such person retained by the City of Ell Segundo shall have any financial or other personal interest in any real property in which the plans of said property are being checked in connection with this Agreement XXX ATTORNEY'S FEES If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in adcjition to any other relief to which it may be entitled XXXI LOBBYING CERTIFICATION D f.trftnzoo -oi 109 The CONSULTANT certifies that* 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit Standard FomrLLL, "Disclosures Form to Report Lobbying ", in accordance with its instructions 3 The CONSULTANT shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly XXXII NOTICES Notices, herein shall be presented in person or by certified or registered U.S Mail, as follows to the CONSULTANT Mr Lary Spaeter, Director Just Right Help, II, Inc. 3551 Voyager Street, Suite 204 Torrance, CA 90503 (310) 539 -9000 to the CITY James M. Hansen, Director Community, Economic and Development Services Dept City of El Segundo 350 Main Street El Segundo, California 9024 (310) 322 -4670 XXXIII GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California XXXIV APPROVAL BY CITY COUNCIL. On January 18, 2000, the City Council of the City of El Segundo approved the City entering into this Agreement and authorized the Director of Community, Economic and Development Services to sign this Agreement on behalf of the City. 10 jwtrigtiGOO -01 late] M IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written SIGNATURES CONSULTANT: Larry Spaeter Just Right Help, II, Inc CITY OF EL SEGUNDO: James M Hansen, Director Community, Economic and Development Services Dept, ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: i Mark D He slay, City Attomey 11 /atfthtAp,pl 111 i PUBLIC SERVICE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND DANIEL FREEMAN MARINA HOSPITAL THIS AGREEMENT ( "Agreement "), is made and entered into this 1st day of duly, 2000, between the City of El Segundo, a municipal corporation, hereinafter referred to as "City" and DANIEL FREEMAN MARINA HOSPITAL, a non -profit corporation, hereinafter referred to as "Hospital" The parties hereto mutually agree as follows- SECTION 1 RECITALS This Agreement is made and entered into with respect to the following facts A That the CITY is a participant in the Los Angeles Community Development Commission's Community Development Block Grant (CDBG) Program The CDBG program is funded by the U.S. Department of Housing and Urban Development (HUD) pursuant to Title 1 of the Housing and Community Development Act of 1984 as amended ( "ACT ") B That the CITY has approved the provisions of federal funds under the ACT to be used to provide professional services for the administration and management of the City's Community Development Block Grant (CDBG) Home Delivered Meals Program, and C That the CITY is desirous of obtaining the services of a qualified service provider to perform said services, and D That HOSPITAL has demonstrated to be the most qualified to offer such services and HOSPITAL has agreed to perform such services, subject to the terms and conditions set forth in this Agreement; and E That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement. WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties do hereby agree as follows I DESCRIPTION OF WORK HOSPITAL agrees to use all federal funds provided by CITY to HOSPITAL pursuant to this Agreement for said Community Development Block Grant (CDBG) program. CDBG funds shall be used solely to provide a home - delivered meals program to serve the nutritional needs of El Segundo elderly and /or severely handicapped residents who are convalescent or otherwise unable to prepare meals for themselves as set forth in Exhibit A, attached hereto and incorporated herein by this reference. 112 11 TERM This Agreement shall commence on July 1, 2000 and shall continue in full force and effect until June 30, 2003, with an option for annual review. III PERFORMANCE HOSPITAL shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of HOSPITAL hereunder, in meeting its obligations under this Agreement HOSPITAL'S performance under this Agreement shall be continuously evaluated by Director of Community, Economic and Development Services Department of the City ( "Director") or his or her designee HOSPITAL shall be notified in writing of any deficiency in a timely manner HOSPITAL shall have fifteen (15) consecutive business days from service of such notification to cure any deficiency to the reasonable satisfaction of the Director or his or her designee IV COMPENSATION AND METHOD OF PAYMENT The City agrees to compensate HOSPITAL for its services in the amount as provided in the fee schedule set forth in Exhibit A, attached hereto and incorporated herein by this reference. The total compensation paid by CITY to HOSPITAL shall not exceed $9,500 annually, without prior written authorization Said funds will be a combination of Community Development Block Grant funds and City General Funds. Compensation may vary depending upon the CITY'S annual CDBG allocation received from HUD. Any additional compensation due to HOSPITAL will be funded with donations received from program participants Such additional compensation is subject to the generosity of said program participants, and may vary annually. A review of the compensation may be conducted yearly by both parties aforementioned in the Agreement. The HOSPITAL shall be compensated only as provided in this Agreement. The City of El Segundo shall not be deemed responsible for any financial or other obligation which is provided to regular employees of the City. The HOSPITAL shall not receive any fringe benefits of any kind. The CITY shall not make any deductions from the compensation specified in this Agreement nor provide any coverage for, but not limited to, unemployment, disability, liability, health, dental, life or any other forms of insurance and pension programs, including the state of California's Public Employees' Retirement System and Federal Social Security The CITY shall not withhold any money for Federal and State Income Taxes The CITY shall not grant any paid time off from work for illness, vacation, holidays or any other leave. A Method of Payment The HOSPITAL shall submit monthly invoices to the CITY specifying the amount due for actual services performed by the HOSPITAL. Such invoices shall describe the services performed and specify the number of meals provided and the number of clients served during the invoice billing period. The CITY will review each invoice submitted by the HOSPITAL to determine whether the services performed and materials submitted are in compliance with the provisions of this Agreement. All invoices shall be approved or returned to HOSPITAL for correction. -2- 113 V SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT Either party may, at any time, with or without cause, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the HOSPITAL at least ninety (90) days prior written notice. Upon receipt of said notice, the HOSPITAL shall immediately cease all work under this Agreement, unless the notice provides otherwise. Upon receipt of such notice, the HOSPITAL shall immediately prepare and serve upon the CITY an invoice covering all outstanding fees or other claimed compensation. In the event of such termination, HOSPITAL shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination If the CITY suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. VI BREACH OF CONTRACT In the event that HOSPITAL is in default under the terms of this Agreement, the CITY shall have no obligation or duty to continue compensating HOSPITAL for any work performed after the tasks described herein are performed to the reasonable satisfaction of the Director of Planning and Building Safety of the City. Failure by the HOSPITAL to make progress in the performance of work hereunder, if such failure arises out of causes beyond its control, and without fault or negligence of the HOSPITAL, shall not be considered a default If the Director or his or her designee determines that the HOSPITAL is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the HOSPITAL with written notice of the default. The HOSPITAL shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance In the event that the HOSPITAL fails to cure its default within such period of time, the CITY shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. VII OWNERSHIP OF DOCUMENTS All original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the CITY and may be used, reused or otherwise disposed of by the CITY without the permission of the HOSPITAL. Upon termination of this Agreement, HOSPITAL shall turn over to CITY all original papers, drawings, models, reports, documents or other materials generated by HOSPITAL under this Agreement. VIII OWNERSHIP OF MATERIALS All reports, documents, floppy discs, diskettes or other materials developed or discovered by HOSPITAL relating to the performance of this Agreement shall be solely the property of the CITY without restriction or limitation on CITY's use. -3- 114 IX CONFIDENTIALITY HOSPITAL shall not, either during or after the term of this Agreement, disclose to any third party any confidential information relative to the work or the business of the CITY and /or any affiliated organization, without the written consent of the CITY X PUBLICATION Publication, teaching or reproduction by HOSPITAL of information directly derived from work performed or data obtained in connection with services rendered under this Agreement is prohibited unless first approved in writing by CITY. XI RECORDS AND AUDITS The HOSPITAL shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non - federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. XII EQUAL EMPLOYMENT OPPORTUNITY HOSPITAL shall not discriminate against any employee or applicant for employment in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other forms of compensation, selection for training including apprenticeship, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement. HOSPITAL shall comply with the provisions of the State Fair Employment Practices Act as set forth in the California Fair Employment and Housing Act, Title 2, Division 3, Part 2.8, of the California Government Code, Section 12900 et seq. XIII COMPLIANCE WITH FEDERAL REGULATIONS During the performance of this Agreement, the HOSPITAL agrees to comply with the following Federal provisions. Executive Order 11246 requires that during the performance of this agreement, the HOSPITAL agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. The HOSPITAL will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The HOSPITAL agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the HOSPITAL setting forth the provisions of this non - discrimination clause. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for -4- 115 work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Title VI of the Civil Rights Act of 1964 as amended and Title Vlll of the Civil Rights Act of 1968, as amended, that provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title. Any prohibition against discrimination on the bans of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply. Shall comply with all regulations of the Americans With Disabilities Act (ADA) of 1990 (42 USC Section 12101 et. seq.) XIV INTEREST OF MEMBERS OF THE CRY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in the Agreement; and the HOSPITAL shall take appropriate steps to assure compliance XV INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the HOSPITAL shall take appropriate steps to assure compliance. XVI INTEREST OF HOSPITAL AND EMPLOYEES No person performing services for CITY in connection with this Agreement shall have a financial or other personal interest other than her employment or retention by CITY in any contract or subcontract in connection with this Agreement. The HOSPITAL further covenants that in the performance of this Agreement, no person having any such interest shall be employed. XVII INDEPENDENT CONTRACTOR The HOSPITAL shall perform the services as contained herein as a wholly independent contractor and shall not be considered under CITY supervision or control. This Agreement is by and between the HOSPITAL and CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the CITY and the HOSPITAL. -5- 116 XVIII LEGAL RESPONSIBILITIES The HOSPITAL shall, at all times during the term of this Agreement, have in full force and effect, all licenses and permits required of it by law. The HOSPITAL shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by the HOSPITAL or in any way affect the performance of the services pursuant to this Agreement The HOSPITAL shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of federal, state and local governments, including but not limited to the El Segundo Municipal Code. The City, and its officers, employees or agents, shall not be liable at law or in equity occasioned by failure of the HOSPITAL to comply with this section HOSPITAL may be required to file a Statement of Economic Interests (Form 730 of the California Fair Political Practices Commission) with the CITY for employees designated to the CITY to be used on this project prior to the execution of this Agreement XIX UNAUTHORIZED ALIENS HOSPITAL hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.0 A § 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should HOSPITAL so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, HOSPITAL hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the CITY in connection therewith. XX SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by the HOSPITAL whose name is as appears first above written and said HOSPITAL shall not assign nor transfer any interest in this Agreement without the prior written consent of the CITY. The Agreement shall be binding upon the heirs, executors, and administrators, successors and assigns of the parties hereto. Claims for money by HOSPITAL from the CITY under this Agreement may be assigned to bank, trust company, or other financial institution without such approval Written notice of any such assignment or transfer shall be furnished promptly to the CITY. XXI INDEMNIFICATION A HOSPITAL represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by HOSPITAL, and CITY relies upon the skills and knowledge of HOSPITAL. HOSPITAL shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. B HOSPITAL is an independent contractor and shall have no authority to bind CITY nor to create or incur any obligation on behalf of or liability against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by CITY. -6- 117 HOSPITAL agrees to hold the CITY, its officers, agents and employees harmless from any and all claims, liabilities or losses for personal injury, death or property damage rising out of or in connection with work undertaken pursuant to this Agreement to the extent any such claim is caused by or results from any negligent acts or omissions, or intentional misconduct of the HOSPITAL, its employees or its agents. Further, HOSPITAL agrees to provide the CITY, its officers, agents and employees, at HOSPITAL'S sole expense, with the defense of any and all such actions, suits or other legal proceedings brought against the CITY, its officers, agents and employees rising out of or in connection with the work undertaken pursuant to this Agreement. HOSPITAL shall not be liable for the indemnification and defense of the CITY on claims or litigation arising out of the sole negligence or sole willful misconduct of the CITY. The insurance required to be maintained by HOSPITAL under paragraph XXII shall ensure HOSPITAL'S obligations under this paragraph XXI (B), but the limits of such insurance shall not limit the liability of HOSPITAL hereunder. The provisions of this paragraph XXI (B) shall survive the expiration or earlier termination of this Agreement XXII INSURANCE A Insurance Reouirements HOSPITAL shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by HOSPITAL, its agents, representatives or employees Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A VII HOSPITAL shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance Coverage shall be at least as broad as. (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the CITY (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the HOSPITAL and all risks to such persons under this Agreement (d) Errors and omissions liability insurance appropriate to the HOSPITAL'S profession. (2) Minimum Limits of Insurance HOSPITAL shall maintain limits of insurance no less than the following, or, at an amount satisfactory to the Director of Planning and Building Safety. -7- 118 (a) General Liability: $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 related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident (d) Errors and Omissions Liability: $1,000,000 per occurrence (B) Other Provisions Insurance policies required by this Agreement shall contain the following provisions (1) All Policies Each insurance policy required by this paragraph XXII shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the CITY. (2) General Liability and Automobile Liability Coverages (a) CITY, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities HOSPITAL performs, products and completed operations of HOSPITAL; premises owned, occupied or used by HOSPITAL, or automobiles owned, leased or hired or borrowed by HOSPITAL. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, or employees. (b) HOSPITAL'S insurance coverage shall be primary insurance as respect to CITY, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, its officers, officials, employees and volunteers shall apply in excess of, and not contribute with, HOSPITAL'S insurance. (c) HOSPITAL'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees and volunteers. -8- 119 (3) Workers' Compensation and Employer's Liability Coverage Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, its officers, officials, employees and agents for losses ansing from work performed by HOSPITAL for CITY (C) Other Requirements HOSPITAL agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that HOSPITAL furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) HOSPITAL shall furnish certificates and endorsements from each subcontractor identical to those HOSPITAL provides. (2) Any deductibles or self - insured retentions must be declared to and approved by CITY (3) The procuring of such required policy or policies of insurance shall not be construed to limit HOSPITAL'S liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. XXIII SEVERABILITY This Agreement contains the entire understanding between the CITY and HOSPITAL. Any poor agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding XXIV WAIVER Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. XXV CHANGES The CITY may request changes in the scope of the services of the HOSPITAL to be performed hereunder. Such changes, including any increase or decrease in the amount of the HOSPITAL'S compensation, which are mutually agreed upon by and between the CITY and the HOSPITAL, shall be incorporated in written amendments to this Agreement XXVI REPORTS AND INFORMATION The HOSPITAL, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services -9- 120 undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. HOSPITAL agrees to provide CITY with a written quarterly summary of activities on or before the 5th day of the month following the end of a quarter of the project year (October, January, April, and July) If HOSPITAL fails to do so, CITY may withhold funds until said written quarterly summary has been received. Ethnic and Head of Household data, consistent with HUD's Grantee Performance Report requirements, must also be provided XXVII PERSONNEL HOSPITAL represents that it has, or will secure at its own. expense, all personnel required in performing the services under this Agreement All of the services required hereunder will be performed by HOSPITAL or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. XXVIII CONFLICT OF INTEREST No person performing services for the City of El Segundo in connections with this Agreement shall have a financial or other personal interest other than his or her employment or retention by the City of El Segundo in any contract or subcontract in connection with this Agreement. No officer or employee of such person retained by the City of El Segundo shall have any financial or other personal interest in any real property in which the plans of said property are being checked in connection with this Agreement XXIX ATTORNEY'S FEES If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. XXX LOBBYING CERTIFICATION The HOSPITAL certifies that: 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the HOSPITAL, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of -16- 1 ?1 a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the HOSPITAL shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying ", in accordance with its instructions. 3 The HOSPITAL shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly. XXXI NOTICES Notices, herein shall be presented in person or by certified or registered U.S Mad, as follows- to the HOSPITAL Daniel Freeman Marina Hospital 4650 Lincoln Blvd Marina del Rey, California 90292 Attn: Harry Davis, Director of Nutritional Services to the CITY James M Hansen, Director Community, Economic and Development Services City of El Segundo 350 Main Street El Segundo, California 90245 (310) 322 -4670 with a copy to City Attorney City of El Segundo Burke, Williams & Sorensen 611 W. Sixth Street, Suite 2500 Los Angeles, California 90017 XXXII GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California. XXXIII APPROVAL BY CITY COUNCIL. On January 18, 2000, the City Council of the City of El Segundo approved the CITY entering into this Agreement and authorized the Director of Community, Economic and Development Services to sign this Agreement on behalf of the City. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. SIGNATURES -11- 122 HOSPITAL: Daniel Freeman Manna Hospital CITY OF EL SEGUNDO: James M Hansen, Director Community, Economic and Development Services ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: 'C/ --t� `-211 Mark D Hensley, City Attorney cd bg /cntrcVdf- hdm\hdm00 -01 123 .12- EXHIBIT A SCOPE OF HOSPITAL'S SERVICES DESCRIPTION OF WORK HOSPITAL shall: a) Provide nutritionally balanced, hot meals which are based on the dietary needs of senior citizens Meals are to be conveniently packaged and prepared for pick -up by City staff and/or volunteers. Menus, written by Registered Dietitians, are to be based on an eight -week cycle and contain at least one -third the Recommended Daily Allowance (RDA) for individuals 50 years or older. The meals shall be provided during each non - holiday weekday throughout the year Holidays, as relevant to this Agreement, are January 1, President's Day, Memorial Day, July 4, Thanksgiving Day, and Christmas Day b) For clients identified by CITY, provide frozen weekend meals, containing at least one -third of the RDA, on Fnday for consumption on the weekend If Friday is a holiday, the meals will be provided on the day prior to the holiday. C) Provide 1,500 calorie and 2 gram sodium therapeutic diets for clients identified by CITY caseworkers. d) Provide requested technical assistance, including consultation services from HOSPITAL Registered Dietitian e) Provide CITY sufficient copies of a printed monthly menu for distribution to CITY recipients surveys f) Provide recipients an opportunity to participate in meal planning g) Maintain food carners in a sanitary fashion. h) Bill the CITY Planning Division at the end of each month for meals provided by HOSPITAL in an amount determined by this Agreement. 1) Submit to CITY a statement of self - insurance evidencing liability coverage CITY shall- a) Provide volunteers or staff to pick -up the meals from the HOSPITAL and deliver the meals to client's homes Exhibit A 124 -13- Page Two b) Perform client intake and evaluate current need and the continued need for the service on the part of the potential recipients. or services c) Provide, if needed by the recipient, referrals to appropriate agencies d) Provide the necessary meal transporters and hot/cold packs e) Provide space and telephone for Home Delivered Meals Program f) Monitor temperatures of food to ensure appropriate temperatures g) Reimburse HOSPITAL at the rate of $4 00 per meal, plus an additional $10 00 per day whenever the daily number of meals prepared is five or fewer, but at least one coverage h) Submit to HOSPITAL a statement of self - insurance evidencing liability 1) Prepare for HOSPITAL 1 List of clients to be served, 2 Clients' special dietary needs, if applicable, 3 Meal delivery schedule indicating how far in advance clients require meals; and 4 List identifying number of meals required by each client .14. 125 EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 200 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Director of Finance to serve as Treasurer /Auditor of the South Bay Cities Council of Governments (SBCCOG) RECOMMENDED COUNCIL ACTION: Receive and file report BACKGROUND & DISCUSSION: The SBCCOG's Board of Directors voted on May 26, 2000 to transfer the treasurer /audit function to the City of El Segundo for a period of up to three years Mayor Pro Tem Sandra Jacobs is currently the First Vice Chair of the organization, and with City Council approval the treasurer /audit function will also be handled by the City of El Segundo The duties of the treasurer /auditor will include approving and mailing checks for payment, receipt of all deposits, preparation of quarterly financial reports, and working with the auditors to do a full audit of the books There is a small number of checks paid and deposits received of approximately 40 per year. This new function will be effective beginning July 1, 2000 ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT- Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation required: OR�I/N /,71 / DATE: 43 A Bret M Plumlee City Manager DATE: rS/�e 16 /;L6 EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Adoption of a Resolution naming the beach between Grand Avenue south to the El Porto Jetty, El Segundo Beach RECOMMENDED COUNCIL ACTION: Adopt Resolution BACKGROUND & DISCUSSION: Staff has prepared a resolution to name the beach between Grand Avenue and the El Porto Jetty, "El Segundo Beach" as requested by the El Segundo Chamber of Commerce The Recreation and Parks Commission and the City Council have reviewed and approved this recommendation This Resolution is now before City Council for official adoption ATTACHED SUPPORTING DOCUMENTS: El Segundo Beach Draft Resolution Letter from County of Los Angeles Department of Beaches and Harbors FISCAL IMPACT: Operating Budget: 0 Amount Requested: 0 Account Number: General fund Project Phase. NA Appropriation required: NO DATE: Recreation Superintendent Department Head DATE: May Manager I/ 1217 17 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, NAMING THE STRETCH OF BEACH EXTENDING FROM GRAND AVENUE TO THE EL PORTO JETTY ELSEGUNDO BEACH WHEREAS, the City Council of the City of El Segundo, California, has recommended "EI Segundo Beach" as the name of the stretch of beach within the City of El Segundo boundaries extending from Grand Avenue south to the El Porto jetty at 45`" Street, and WHEREAS, the City Council of said City has duly considered the said matter, and after such consideration feels that the action hereinafter taken is in the public Interest and in the interest of said City, NOW, THEREFORE, the City Council of the City of El Segundo, California, does hereby resolve, declare, determine and order as follows, to wit SECTION 1 That the name of the stretch of beach from Grand Avenue to the El Porto betty, identified by the County of Los Angeles Department of Beaches and Harbors as, "the beach at Grand Avenue or "Beach in front of the Chevron plant' states there is no requirement or procedure for naming this beach and, the said stretch of beach shall hereafter be known and referred to as El Segundo Beach SECTION 2 That this resolution take effect immediately SECTION 3 That the City Clerk is hereby authorized and instructed to forward a certified copy of this resolution to each of the following, to wit RESOLUTION NO NAMING EL SEGUND BEACH PAGE NO 1 128 (a) The County of Los Angeles Department of Beaches and Harbors (b) The State Lands Commission (c) The State Parks and Recreation (d) The Los Angeles County (e) The Los Angeles City (f) The City of Manhattan Beach (g) The Chevron Refinery (h) The SCE generating plant (I) The Chamber of Commerce of the City of El Segundo Q) The Planning Commission of the City of El Segundo (k) The Automobile Club (1) Thomas Brothers (m) Other Topographic agencies of the name and boundaries of the beach (n) El Segundo Recreation and Parks Commission SECTION 4 That the City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the book of resolutions of said City, and shall make a minute of the adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. RESOLUTION NO NAMING EL SEGUND BEACH J PAGE NO 2 129 9 PASSED, APPROVED AND ADOPTED this day of 2000. Mike Gordon, Mayor Of the City of El Segundo, California ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of 2000, and the same was so passed and adopted by the following vote AYES NOES ABSENT: ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Hensl City Atto e RESOLUTION NO NAMING EL SEGUND BEACH PAGE NO 3 1 3 n EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION, Purchase a portable sink for the Farmers Market and other city special events per Health Department guidelines and requirements. RECOMMENDED COUNCIL ACTION: Approve purchase order and authorize appropriation from the Associated Recreation Fund account BACKGROUND & DISCUSSION. All events which feature the purchasing of non - packaged food Items and /or the preparation of food are required to have specific lavatories, sinks and cleaning facilities for the vendors to use within a certain radius of the event The purchase of this sink is mandatory in order to comply with Health Department codes. Staff has researched several vendors and portable sink models The recommendation is for the only sink on the market that comes with the Health Department's certification and a one -year warranty Failure to follow the Health Department codes subjects the Farmers Market and other city event, to possible closure Cost is not to exceed $9,900 ATTACHED SUPPORTING DOCUMENTS: Vendor letter FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation required- 0 $9,900 Associated Recreation Fund Balance NA YES Recreation and Parks Director City Manager DATE: May 25, DATE: May 25, 2000 5101/ • X32 ]err G Matt Allen Fax d � JWt'YY V'A" did Jaa YoYG To Hlt l Pa 2012 lYldq, AV I0], 2000 t 32 53 PI April 7, 2000 To, Richard, City of El Segundo From. Matthew Allen Re Portable Suhk for Ell Segundo Farmers Market Thank you for your interest in MA Designs portable sinks Each of our sinks is custom made to meet your specifications and needs. The sinks are constructed of the highest quality materials and components, and they comply with Los Angeles County Department of Environmental Health and CURFL regulations The plans for the sink are on file and pre - approved by Los Angeles and Ventura County Environmental Health Departments Your su-Lk will be durable and reliable for many years of use with the proper mainten ince and care Here is a list of sink components for multi vendor use Sink Unit, 3 (17 "x23 "x12 ")tubs, 2 18" dramboards, NSF stainless steel sink in an enclosed cabinet on heavy duty casters. (91" Lx28 1 /2 'Wx43 "H) 2 removable cabinet doors Tanks 95 gallon waste tank, 50 gallon fresh water tank, both polypropylene Water Heater & Pump ---G E 6 gallon water heater, Shur -Flo electric 3 3 gallon gpm pump EjMngs NSF commercial grade faucetset, stainless braided faucet hoses, food grade hoses and fittings, weatherproof electrical boxes, circuits equipped with GF1 circuits for added safety All wiring done by licensed electrician 25' food grade filler hose, 25' heavy duly extension cord Price quoted includes delivery to and inspection at L A County Environmental Health Department, as well as delivery to final destination after inspection to assure that your sink- is ready to use Please allow 6 -8 weeks for delivery after receiving your purchase order 50% deposit is requa ed with order with the balance due upon delivery, For above sink $8500.00- $9200 plus sales tax 133 ws aii COUNTY OF LOS ANGELES ., ► DEPARTMENT OF BEACHES AND HARBORS April 10, 2000 STAN WISNIEWSKI DIRECTOR KERRY GOT WES CHIEF DEPUTY Ms Judy Gerber City of El Segundo Department of Recreation and Parks 401 Sheldon El Segundo, CA 90245 Dear Ms Gerber NAMING EL SEGUNDO BEACH Some months ago, I was asked to research what requirements, if any, must be met for the City of El Segundo to name the beach in front of the Chevron refinery. 1 contacted the State Lands Commission and the California Department of Parks and Recreation, and was told the following The State Lands Commission issued the permit to Chevron for construction of their rock groin and widening of the beach. The Commission has no requirement related to naming the beach -- The Department of Parks and Recreation has procedures for naming beaches that are units of the State park system. However, as this does not apply to the beach in front of the Chevron refinery, there is no State requirement or procedure for naming this beach. It has been concluded that the City Council can name the beach that is within the City's boundaries, following whatever procedures the City has for naming parks, or 9ther similar facilities. To ensure public recognition/use of the name, the City should notify the Automobile Club, Thomas Brothers, and other map makers of the name and boundaries of the beach. As a courtesy, the City should also notify the State Lands Commission, State Parks and Recreation, Los Angeles County, Los Angeles City. the City of Manhattan Beach, Chevron, and the current operators of the SCE generating plant next to the Chevron refinery. If I can be of further assistance, please contact me at (310) 305 -9573. SW.DRS:dd Very truly yours, STAN WISNIEWSKI, DIRECTOR Ab Dean R. Smith Executive Assistant Fax (310) 821-6345 131 (310)3054= 13637 FUI WAY, MARINA DEL REY, CALIFORNIA 80282 INTERNET m itoeaches co la ea us/ EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: June 6, 2000 AGENDA HEADING: New Business Authorize staff to solicit proposals for professional engineering services for the reconstruction of Storm Water Pump Station No 16, located at the Intersection of Eucalyptus Drive and Holly Avenue (estimated cost of services In fiscal year 1999 -2000 = $20,000) RECOMMENDED COUNCIL ACTION: Authorize staff to solicit proposals BACKGROUND AND DISCUSSION: Storm Water Pump Station No 16 is located in the low area of Recreation Park at the Eucalyptus Drive/ Holly Avenue intersection adjacent to the baseball field During storms, this field serves as a retention basin from which storm water is pumped out to an existing gravity drain at the Holly Avenue /Richmond Street intersection (Discussion continues on the next page..........) ATTACHED SUPPORTING DOCUMENTS: Draft Request for Proposals Proposed project schedule Location map IMPACT: Operating Budget: Yes Amount Requested: $20,000 (for preliminary engineering) Account Number: 001 - 4004101 -6206 Project Phase: Preliminary design Appropriation Required: Not at this time Andres Santamana, Director of Public Works Mary Strenn, City N =UNCILUUNE06 -01 (FnOay 5126=10 00 AM ) Page 1 MAY 3 0 1000 r�'%o 19 1.� �I DISCUSSION: (continued) Pump Station No 16 was constructed in 1964, currently has a single pump and engine with no back up, and does not have a sump pump to pump out nuisance water that collects during the dry season The single pump has outlived its usefulness, frequently breaks down and replacement parts are not available When this pump breaks down, the baseball field and portions of Holly Avenue and Eucalyptus Drive are flooded Some of the nearby private properties are also sometimes inundated City staff rents pumping equipment and pumps this water out after closing the Holly Avenue /Eucalyptus Drive intersection for several days The most recent pump failure occurred during the April 17, 2000 stone Staff is proposing reconstruction of this pump station to accommodate two (2) pumps and a sump pump, and enlargement of the existing wet well to increase its capacity The existing pump station, which is 18' x 12', may need to be reconstructed to a larger size (approximately 25' x 25') to accommodate two (2) pumps and engines, however the design will investigate the less expensive option of remodeling or enlarging the existing building Staff is currently proposing design of the pump station to accommodate two (2) pumps and installation of one (1) pump and engine in fiscal year 2000 -2001 (for an estimated cost of $635,000) and installation of the second pump and engine in a future fiscal year A request, reflecting this strategy, has been submitted to the Capital Improvement Program Advisory Committee (CIPAC) In order to expedite the project so that the new pump station is constructed and made operational before the 2001 winter storm season, staff is requesting City Council approval to solicit proposals and to commence the design process in the current fiscal year The proposed schedule is as follows Proposal Submittal Deadline June 30, 2000 Design Period July — October 2000 Construction Bid Opening December 2000 Construction January — September 2001 A more detailed schedule is enclosed Staff is proposing funding for the preliminary design effort in the current fiscal year be allocated from the contractual services account of the Public Works Department — Engineering Division's operating budget If the design effort is not commenced until the fiscal year 2000 -2001 Capital Improvement Program is adopted, the project will not be completed before the year 2001 winter storm season After receiving and evaluating the proposals, staff will submit a recommendation to the City Council for retaining a consultant to provide the professional engineering services Page 2 N 1COUNCILUUNE06-01 (Fnday 6126100 10 00 AM) 135 Date: To: Subject: Reconstruction of Storm Water Pump Station No 16 - Location- 408 Eucalyptus Drive (at Holly Avenue) xwrrxrrrr wea: rexrrr: ararrrraaarrarar rxwrxrwaaarrarawwxwrrxr The City of El Segundo is requesting proposals from qualified consultants to provide professional engineering services for the design of the subject project The current schedule of the project envisions completion of design by the end of October 2000, and completion of construction by the end of September 2001 Proposals should be submitted detailing the following tasks: Task 1 - Preliminary Design: Preliminary engineering and preparation of a brief report including scope and options of proposed improvements with cost estimates outlining a detailed schedule and future milestones to be accomplished. Initial discussions with affected utility agencies, City staff, surveying, soil testing, hydrology, utility research, etc., should be included in this task Task 2 shall not be started until the City has approved the preliminary design report Task 2 - Contract Documents: Preparation of construction plans, specifications and cost estimates for bidding The design should comply with Los Angeles County Flood Control District standards. Currently, the following improvements are anticipated (but not necessarily limited to) to be designed for the project. • Fifty (50) year frequency hydrology to determine runoff and the sizing the pump station, pumps and engines, and the wet well. • Any needed surveying /soil testing N \RFP $ \PUMP - STATION -16 RFP (5112100) 13,3A Demolition of the existing pump station and construction of a new pump station to accommodate two (2) new pumps and engines, one (1) sump pump and associated piping, and electrical controls. This design has to conform to the current Uniform Building, Mechanical and Electrical Codes. Plans need to be submitted to the City's Community, Economic and Development Services Department, Building Safety Division, to obtain the plan check approval Notes: The pump station plans shall be designed to install two (2) storm water pumps, however the City may choose to install one (1) pump at this time and add the second pump at a future date 2 Due to the location of the pump station within a recreation park and adjacent to residential areas, the aesthetics of the pump station building and its compatibility to the surrounding area will be an important consideration Construction of a new (or enlargement of the existing) wet well, as needed If necessary (depending on the footprint of the new pump station), reconfiguration of the Eucalyptus Drive eastside curb and sidewalk adjacent to the pump station for pedestrian access. Task 3 - Bid Phase: Engineering services during the bid phase, including attending a pre -bid conference and being available to answer questions from prospective bidders, preparation of addendums to the advertised plans and specifications, review of bids received, including making reference checks and making recommendation for contract award. Task 4 - Construction Phase: Engineering services during construction, including attending a pre - construction conference, review and recommendations regarding contractor's request for information, contractor's shop drawings, submittals, progress payment invoices, change orders, periodic (average one (1) every two (2) weeks) site visits during construction and making a recommendation for final acceptance of the work. Resident engineer and daily inspection services, contract administration, special inspection and testing services, etc., are not to be included N \RFP S \PUMP - STATION -16 RFP (6112100) 136 Task 5 - Meetings: For the purpose of the proposal, include within each task an adequate number of meetings with City staff, utility agencies, and the project contractor needed to complete the task N 1RFP S \PUMP- VATION -16 RFP (6112=) 137 The proposals, at a minimum, should include the following information: 1. Consultant understands of the project and a description of how the consultant will approach the project with specific milestones and deliverables. 2. Consultant's qualifications and prior recent experience within the last ten (10) years as the prime consultant of record completing a project of a similar nature and scope with names and current telephone numbers of references that can be contacted In this regard, the City is only interested in storm water pump station projects Please use the enclosed form to document past experience 3 Consultant's project team, including name of project manager, and sub - consultants to be retained by the consultant. 4 Scope of Services to be provided with a breakdown of different tasks. 5 Consultant's estimated fee for the project, broken down separately for each of the tasks The fee shall be based on consultant's employee rate schedule with a not to exceed amount, including the estimated costs for mileage, reimbursable and reproduction costs Please submit employee rate schedule with the proposal. Consultant fee will not be used as the sole basis for the selection, however will be a factor for consideration 6 Proposed time schedule to provide the consultant services starting from the date of receipt of a Notice to Proceed from the City The schedule should allow for review time for impacted agencies. 7. A statement that consultant is agreeable to execute the enclosed City - Consultant agreement, to provide proof of insurance as noted in the agreement and to obtain and maintain a City Business License for the duration of the consultant services. Selection Process: City staff will review all received proposals utilizing the enclosed professional services selection guidelines. The top rated consultants may be requested to come to an interview with City staff, which will make the final selection for recommendation to the City Council. An original and four (4) copies of your proposal (facsimile proposals are not acceptable) should be submitted by: 5:00 P.M., Friday, June 30, 2000 N \RFP'S \PUMP- STATION -16 RFP (5112/00) - 138 to the attention of: Office of the City Clerk City of El Segundo 350 Main Street El Segundo, CA 90245 Contact person• Ms. Maryam M Jonas Civil Engineering Associate Engineering Division Public Works Department Telephone 310 - 322 -4670, extension 389 A pre - proposal conference is scheduled for: 10:00 A.M., FRIDAY, JUNE 16, 2000 (AT THE JOB SITE) in order to familiarize prospective information. It will be very helpful that answers can be prepared proposal meeting. Sincerely, Bellur K. Devaral City Engineer BKD:dr Enclosure consultants about the project and to provide additional if written questions are sent previously to the City so and shared with other consultants at the above pre- cc Cindy Mortesen, City Clerk Maryam M Jonas, Civil Engineering Associate N XRFP'SVPUMPSTATI0N -16 RFP (511=0) 139 0 T T_ LO T O N m 0. 14-3 O 0 M V U) 7 \� 7 CD CDQ N Q LL T T N T �C*4 ° to T T ,M T OT O T O O N Q T T ' n n M co co f0 O 0 YLL Oa v c c F, OC +.� C m U C � v � L) 4) c IL � ��°'C qN� CL o�C E 'perr� °aiS �5 Unto m !nU 14-3 O � a N o 7t-n � III(�'II II�j''�IIII a 3 a ° MARIPOSA a N m F- N N N I Li AeQ11�1 WLJL 1E] , E D o a z Q J 1 O z V N W GRAND AVE A a L IN E Eo PI O RECWATION PARK coo L FF7<71- aoa00000 � oo E a c a a ELSEY PL "s J ❑ G PUMP STATION NO.16 141 JaLL N o 7t-n � III(�'II II�j''�IIII a 3 a ° MARIPOSA a N m F- N N N I Li AeQ11�1 WLJL 1E] , E D o a z Q J 1 O z V N W GRAND AVE A a L IN E Eo PI O RECWATION PARK coo L FF7<71- aoa00000 � oo E a c a a ELSEY PL "s J ❑ G PUMP STATION NO.16 141 EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Council Member McDowell AGENDA DESCRIPTION. Request Council consensus to cancel July 5, 2000 Council meeting RECOMMENDED COUNCIL ACTION. Discussion and possible action BACKGROUND & DISCUSSION: The date for the first July City Council meeting would normally be held on Tuesday, July 4, 2000 Inasmuch as this is a holiday, the meeting then would be scheduled for Wednesday, July 5, 2000 July 4th week is usually a busy vacation week It is my recommendation that the first meeting in July be cancelled in order to encourage community interest and participation. ATTACHED SUPPORTING DOCUMENTS, FISCAL IMPACT: None Operating Budget: Amount Requested. Account Number Project Phase, Appropriation required. ORIG NA Kelly McDowell, Ma kmcdowellstafmport City Manager May 30, 2000 - /d 142 20 City of El Segundo Inter - Departmental Correspondence Date: May 31, 2000 To: Mayor and City Council Mary Strenn, City Manager From: Kelly McDowell, Council Member Subject: Agenda Item for June 6, 2000 Agenda Further to my staff report requesting Council consensus to cancel the July 5, 2000 City Council meeting, I have received information on the following 1 The City of Manhattan Beach, which normally meets at the same time as our Council, has cancelled their July 4, 2000 meeting 2 The City of Redondo Beach, which also meets at the same time as our Council has postponed their meeting one week 3 I also understand that the City Manager and Department Heads are attending a two -day meeting June 22 -23 to work on long range strategies and plans and thus will have limited time to prepare staff reports for the July 5, 2000 meeting date. 143