Loading...
2003 JUL 01 CC PACKETAGENDA 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. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. 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 second Public Communications portion of 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.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. 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, 524 -2305. 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, JULY 1, 2003 — 5:00 P.M. Next Resolution # 4313 Next Ordinance # 1365 5 :00 P.M. 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 Section §54960, et sue.) 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 conferring with the City's Labor Negotiators; as fol lows: 001 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) - 3 matters. 1. Bressi v. City of El Segundo, LASC No. BC288292 2. Bressi v. City of El Segundo, LASC No. BC288293 3. El Segundo v. South Bay Regional Public Communications Authority, LASC No. YC040688 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) - 2 matters 1. Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager Bargaining Units: Police Officers' Association and Firefighters' Association 2. Conference with City's Labor Negotiator, City Manager, regarding Management/Confidential employee group (unrepresented) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS - None. 6:00 PM SESSION Interview candidates for the Recreation & Parks Commission and the Library Board of Trustees 002 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. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. 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 second Public Communications portion of 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.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. 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, 524 -2305. 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, JULY 1, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Fr. Jim Anguiano of St. Anthony Catholic Church PLEDGE OF ALLEGIANCE — Councilmember John Gaines Next Resolution # 4313 Next Ordinance # 1365 0 03 PRESENTATIONS — (a) Proclamation celebrating July, 2003 as the 4t' anniversary month of the successful El Segundo Farmers Market to be presented to one of the founding vendors of our Market, Art Miltenberger, El Segundo Bakery. (b) Proclamation proclaiming the month of July, 2003 as Recreation & Parks month in the City of El Segundo. (c) Presentation to Wendy Doty, Ed. D, Superintendent, for her dedicated service to the El Segundo Unified School District and her contribution to the progress of our community. (d) Proclamation presented to the El Segundo Interact and Key Club Members proclaiming the 4 Annual Beach Cities Relay for Life to be held on July 19 -20, 2003, at Aviation Park in Redondo Beach, to honor those who have survived cancer as well as to memorialize those who have died of the disease. (e) Proclamation proclaiming July 20, 2003 as "Parents Day in El Segundo. 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 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 not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS 4 004 C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS I. Consideration and possible action regarding the interviews of candidates to the Recreation & Parks Commission and to the El Segundo Library Board of Trustees. Recommendation — (1) Announce the appointments to the Recreation & Parks Commission and to the El Segundo Library Boards of Trustees; (2) Alternatively, discuss and take other action related to this item. 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. 2. Warrant Numbers 2534219 to 2534506 on Register No. 18 in the total amount of $905,391.75 and Wire Transfers from 6/7/2003 through 6/20/2003 in the total amount of $1,056,043.18. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 0 City Council Meeting MinutE Recommendation — Approval. of June 17 03. 4. Consideration and possible action regarding the annual adoption of the City's Investment Policy. 0 Ixeco imenaanon — (i) Adopt City's Policy as submitted; (2) Alternatively, take other action related to this item. 5 005 5. Consideration and possible action regarding adopting an ordinance to implement an Administrative Citation Program for enforcing the City's National Pollution Discharge Elimination System (NPDES) permit Recommendation (1) Waive second reading and adopt an ordinance to implement an Administrative Citation Program; (2) Adopt a revised penalty resolution; (3) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action to award a contract to Sancon Engineering for lining of sanitary sewer access structures — Approved Capital Improvement Program — Project No. PW 03 -11. (Estimated Cost $66,170) Recommendation (1) Award contract, (2) Authorize the City Manager to execute the contract on behalf of the City; (3) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — 7. Consideration and possible action regarding approval of a contract between the City of El Segundo and Randall Funding & Development, Inc. to provide grant writing services on behalf of the City. (Fiscal Impact $3,000 to $5,000) Recommendation (1) Approve the contract for professional services between the City of El Segundo and Randall Funding & Development, Inc; (2) Approve the use of funds from the Asset Forfeiture account; (3) Authorize the City Manager to execute the contract on behalf of the City; (4) Alternatively, discuss and take other action related to this item. G. REPORTS — CITY MANAGER — NONE H. REPORTS —CITY ATTORNEY —NONE I. REPORTS —CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE 6 el 0 G K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — Council Member Wernick — Mayor Pro Tern Jacobs — Mayor Gordon — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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 not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) 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. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: 'O 3 TIME: g. /Sif•M. NAME: 007 EL SEGUNDO CITY COUNCIL MEETING DATE: July 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Consideration and possible action regarding the interviews of candidates to the Recreation & Parks Commission and to the El Segundo Library Board of Trustees. RECOMMENDED COUNCIL ACTION: (1) Announce the appointments to the Recreation & Parks Commission and to the El Segundo Library Board of Trustees; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Committee /Commission & Board # of Openings A000intee (s): Recreation & Parks Commission 1 El Segundo Library Board of Trustees 3 ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: N/A Term Exaire(s) _ 05/30/07 _ 06/30/06 _ 06/30/04 06/30/04 ORIGINATED: Julia O. Abreu, Executive Assistant Date: June 20, 2003 REVIEWED BY: Mary Strenn, City Manager ^ Date: June, 2003 E 08 N C C C 3 W � O W LL m 22Q p O Q 2 O K z a r z M0 0 a J a_Q m� Zz Q p V F09 O O ¢ > > j a p o 0 < Y N N LL U Y Y W 2 S S H U U U INW Z O p p p h m Q m� M ya w� ry LL m Of Z yy F z S U T g U F O Q W 5�5 W F E ?Tp�• q FNn zp a gOi� ��W S O0 �� �� A io FpyOawgim Z'nw wi��� m SS6 'S� Oz w z u$1 W< 2i `- O &��EE a LLLLgp892 92w wz,u.,=u�360 a S 2 0 2 n SU. rryy LL q N7,] W C T 2�iI Q K ��222 Z�m pOH L ti X62 CU n C S 1 e LL LL 1- O �1I a s O J p F- Q W 11111 I• S< d E g u f m z� a w J rc 3 +� $ E m v �UU' aOp rY p �F� i>. w� �aFO to >>S CyC l�dim W F Sr t91- rii a a w n a �° ti? LL 3 4u w 3 rc o WOo o� &� W °�y� & m N A iv''gw ' Ly ffim �im ry 00 5 9 nb n$r' a 2 LL O 9 O O m L W QO $ O C U m O 4 pU n' I�L < m II Q ai 2 p p 0 OJ CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6/7/2003 THROUGH 6/20/2003 Date Payee Amount Description 6/12/03 PGC El Segundo LLC 35,854.52 Golf Course Payroll Transfer 6/9/03 Federal Reserve 300.00 Employee Savings Bonds EE 6/9/03 Federal Reserve 450.00 Employee Savings Bonds 1 6/10/03 West Basin 741,517.90 H2O payment 6/11/03 Health Comp 3,297.91 Weekly claims 6/6 6/12/03 PGC El Segundo LLC 35,854.52 Golf Course Payroll Transfer 6/18/03 Health Comp 294.57 Weekly claims 6/13 6/19/03 Employment Development 33,481.43 State Taxes PR PR 26 6/19/03 IRS 181,625.54 Federal Taxes PR 26 6/7- 6/13/03 Workers Comp Activity 23,366.79 SCRMA checks issued 1,056,043.18 DATE OF RATIFICATION: 7/01/03 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: b /23 /0 Deputy Treasu T r Date /✓ze� �.��� C �ry9cw, G 2 v 3 Director of Administrative Service L/3 Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 1,056,043.18 0 I.0 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 17, 2003 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Absent Council Member McDowell- Present Council Member Wernick - Present CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real an Property Negotiator; and /or conferring with the City Attorney on potential d /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: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 3 matters. 1. Bressi v. City of El Segundo, LASC No. BC288292 2. Bressi v. City of El Segundo, LASC No. BC288293 3. El Segundo v. South Bay Regional Public Communications Authority, LASC No. YC040688 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government 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) — 2 matters 1. Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager Bargaining Units: Police Officers' Association and Firefighters' Association 1 • Conference with City's Labor Negotiator, City Manager, regarding Management/Confidential employee group (unrepresented). CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — None. Council moved to open session at 6:55 p.m. n MINUTES OF THE REGULAR CITY COUNCIL MEETING June 17, 2003 PAGE NO. 1 `�4 i REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 17, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Rabbi Jon Sommer, Los Angeles Air Force Base PLEDGE OF ALLEGIANCE — Mayor Pro Tern Sandra Jacobs PRESENTATIONS — (a) Council Member Wernick presented Commendations to Tiffany Richard, El Segundo High School Science Teacher, and her six students: Dustin Johnson, Nick Koffroth, Katherine Ng, Katie Spurrell, Anthony Stier, and Kelly Yang, recipients of the 1st place Robert H. Herndon Memorial Science competition held on June 5, 2003 by The Aerospace Corporation, for their improved hydrodynamic performance of a submarine. (b) Council Member McDowell presented a Proclamation proclaiming June 28, 2003 as Beauty and the Beach Day in El Segundo and inviting the public to participate with the El Segundo Kiwanis and NRG El Segundo Power, LLC for this second annual beach cleanup. (c) Mayor Pro Tern Jacobs presented a Commendation by the City Council to Mayor Mike Gordon for his exemplary qualities of leadership and dedication to the American Heart Association for which he has been awarded the Advocacy Award by the Los Angeles Division of the American Heart Association Western States Affiliate and the Volunteer of the Year 2003 Award for outstanding achievement and distinguished commitment to the mission of the American Heart Association California Affiliate. (d) Mayor Gordon presented a Certificate of Recognition to Nick Koffroth for organizing and implementing the first Community Leadership Seminar on May 31, 2003 at the El Segundo High School. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present - Absent Council Member McDowell- Present Council Member Wernick - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING June 17, 2003 PAGE NO. 2 012 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 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 not on the agenda. The Council will respond to comments after Public Communications is closed. Liz Garnholz, resident, spoke regarding agenda item C -1, the joint resolution for tax revenue related to the proposal for annexation of the Los Angeles Air Force Base property to Hawthorne. Hector Beltran, resident, commented on the previous speaker. Joe Brandon, resident, spoke regarding agenda item C -1 and the proposed use for the property. Peter Wallerstein, President of the Whale Rescue Team, spoke regarding his participation on the team and what they are responsible for. John Goodney, CubMaster Troop 968, spoke regarding the Soapbox Derby event, July 26, 2003. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Wernick, SECONDED by Council Member McDowell, to read all ordinances and resolutions on the Agenda by Title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 1. Consideration and possible action regarding a proposed joint resolution for the negotiated exchange of tax revenue between the County of Los Angeles; City of El Segundo, and the City of Hawthorne related to the reorganization proposal for the detachment of Area A of the Los Angeles Air Force Base ( LAAFB) from El Segundo and its annexation into the City of Hawthorne as part of the LAAFB modernization project. Mark Hensley read by title only: RESOLUTION NO. 4310 JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, AND THE CITY COUNCIL OF THE CITY OF HAWTHORNE, APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM REORGANIZATION OF TERRITORY MINUTES OF THE REGULAR CITY COUNCIL MEETING June 17, 2003 PAGE NO. 3 0131 MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to adopt Resolution No. 4310 a joint resolution of the Board of Supervisors of the County of Los Angeles, The City Council of the City of El Segundo, and the City Council of the City of Hawthorne, approving and accepting the negotiated exchange of property tax revenue resulting from reorganization of territory. MOTION PASSED BY THE FOLLOWING VOICE VOTE. 3/1/1. AYES: MAYOR GORDON, MAYOR PROTEM JACOBS, AND COUNCIL MEMBER MCDOWELL. NOES; COUNCIL MEMBER WERNICK, ABSENT; COUNCIL MEMBER GAINES. City Attorney was directed to present during negotiations with the City of Hawthorne, an increase to the duration of the agreement beyond the 30 year threshold. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2. Consideration and possible action regarding the El Segundo Community Cable Advisory Committee's planned "Cable Studio Open House" on June 25, 2003 from 4:00 p.m. to 7:00 p.m. Report given by a member of the Cable Commission. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to grant approval for the El Segundo Cable Advisory Committee to host an Open House on June 25, 2003 from 4:00 p.m. to 7:00 p.m. at the Cable Studio. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. 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. Approved Warrant Numbers 2533918 to 2534218 on Register No. 17 in the total amount of $1,894,304.60 and Wire Transfers from 5/24/2003 through 6/6/2003 in the total amount of $281,131.15. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. Approved City Council Meeting Minutes of June 3, 2003. 5. Approved the request of El Segundo Cub Scout Pack 968C for City support and waiver of fees to use Grand Avenue from Arena to Eucalyptus on Saturday, July 26, 2003, from noon to 5:00 p.m. for the annual Cub Scout Soapbox Derby Race provided the event meets all applicable City requirements. (Fiscal Impact $680). 3. Authorized staff to begin negotiations with The Jones Payne Group, Contract No. 3196, for Design and Testing Services and Wyle Laboratories, Inc., Contract No. 3197, for Construction Monitoring and Oversight Services in support of the Residential Sound Insulation Program. 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK MINUTES OF THE REGULAR CITY COUNCIL MEETING June 17, 2003 PAGE NO, 4 014 8. Authorized the City Manager to execute a one -year Agreement No. 3191 in a form approved by the City Attorney, with Managed Health Network for employee assistance program services. 9. Approved applying for, and if awarded, approved participation in the "California Seat Belt Compliance Campaign" (CSBCC) Mini -Grant program sponsored by the California Office of Traffic Safety. 10. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 11. Adopted plans and specifications for roof repair and painting of walls as well as equipment purchases of lavatory fixtures for work being performed in City Hall. (Estimated Cost $35,000) 12. Adopted plans and specifications for Fire Station No. 1 work: (a) Remodeling of kitchen and dining area, (b) Installation of new floor coverings in portions of the building, (c) HVAC rezoning, (d) Installation of window treatments and window tinting. Adopted plans and specifications for the rezoning of the Police Department Building HVAC. (Estimated Cost $69,500) 13. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 14. Adopted plans and specifications for the replacement and repair of steel caps and wall panels of the Maintenance Facility storage bins. (Estimated Cost $20,000) Authorized staff to solicit proposals for the replacement and repair of steel caps and wall panels. 15. Authorized staff to advertise the chemical control system purchase for receipt of bids for the Urho Saari Swim Stadium. (Estimated Cost $7,000) Authorized the City Manager to execute the purchase. 16. Rejected the low bidder, Newton Painting and awarded Contract No. 3192 to the lowest responsible bidder, Tony's Painting, in the amount of $82,300, for the Park Vista Senior Housing Exterior Painting (615 East Holly Avenue) — Project No. PW 03 -05 — Approved (Fiscal Vista Impat $90,300) Authorized the CityMannager to exectio the tinge ton behalf of the City. 17. Authorized staff to solicit proposals for professional services to provide test data for eight (8) wastewater pump stations for the purpose of evaluating flows and planning maintenance. (Estimated Cost $7,000) 18. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 19. Approved the purchase of two (2), eight (8) inch single jet type water meters on a single source basis from Metron- Farnier LLC for a water manifold located at the Chevron Refinery. (Estimated Cost $12,000). Authorized the City Manager to execute the purchase. MINUTES OF THE REGULAR CITY COUNCIL MEETING June 17, 2003 PAGE NO. 5 015 20. Adopted Resolution No. 4311 to set aside a portion of City -owned property for Douglas Street roadway purposes. (No Fiscal Impact) MOVED by Council Member Wernick, SECONDED by McDowell to approve consent agenda items 3, 4, 5, 6, 8, 9, 11, 12, 14, 15, 16, 17, 19 and 20. MOTION PASSED BY UNANIMOUS VOICE VOTE. 2/0. COUNCIL MEMBER GAINES ABSENT. CALL ITEMS FROM CONSENT AGENDA 7. Consideration and possible action authorizing the city to accept and complete the application for a $303,600 Federal Appropriations Act Grant to be used toward the completion of the El Segundo Sewer Master Plan. MOVED by Council Member Wernick, SECONDED by Mayor ProTem Jacobs to authorize the City to accept and complete the application for a $303,600 Federal Appropriations Act Grant to be used toward the completion of the El Segundo Sewer Master Plan. Authorized the City Manager to execute the application on behalf of the City. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. 10. Consideration and possible action regarding approval of the Whale Rescue Team contract for marine mammal rescue services. (Fiscal Impact $1.00) MOVED by Council Mayor Gordon, SECONDED by Council Member McDowell to approve the Whale Rescue Team Contract No. 3193 for marine mammal rescue services. (Fiscal Impact $1.00) Authorized the City Manager to execute. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT 13. Consideration and possible action regarding the adoption of plans and specifications for the installation of permanent exterior electrical lights to provide lighting of the City Hall Pla (Estimated Cost $9,500) za. MOVED by Council Member Wernick, SECONDED by Council McDowell to adopt plans and specifications for the installation of permanent exterior electrical lights to provide lighting of the City Hall Plaza. (Estimated Cost $9,500) Authorized staff to solicit proposals from firms that specialize in the installation of permanent exterior electrical lights. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT 18. Consideration and possible action awarding contract to Roy Allan Slurry Seal for 2002- 2003 Slurry Seal of various streets — Project No. PW 03 -06 — Approved Capital Improvement Program. (Fiscal Impact $150,000) MOVED by Council Member Wernick, SECONDED by Council Member McDowell to award Contract No. 3194 to Roy Allan Slurry Seal for 2002 -2003 Slurry Seal of various streets — Project No. PW 03 -06 — Approved Capital Improvement Program. (Fiscal Impact $150,000) Authorized the City Manager to execute the contract on behalf of the City. Authorized $26,533.46 for construction contingencies. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. MINUTES OF THE REGULAR CITY COUNCIL MEETING June 17, 2003 PAGE NO. 6 01 0 F. NEW BUSINESS — 21. Consideration and possible action regarding adopting an ordinance and resolution to implement an Administrative Citation Program as related to violations of the City's National Pollution Discharge Elimination System (NPDES) permit. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1364 AN ORDINANCE ADDING A NEW CHAPTER 2A TO TITLE 1 OF THE EL SEGUNDO MUNICIPAL CODE ESTABLISHING AN ADMINISTRATIVE CITATION PROCEDURE TO IMPOSE ADMINISTRATIVE FINES FOR CERTAIN VIOLATIONS OF THE EL SEGUNDO MUNICIPAL CODE. Mayor ProTem Jacobs introduced the ordinance. RESOLUTION NO. 4312 A RESOLUTION ADOPTING A FINE SCHEDULE PURSUANT TO EL SEGUNDO MUNICIPAL CODE SECTION 1 -2A -60 MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt Resolution No. 4312 adopting a fine schedule pursuant to El Segundo Municipal Code Section 1- 2A -60. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. G. REPORTS — CITY MANAGER — Invited the community to attend the July 4th celebration. H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — NONE Council Member Wernick — Reported on the Chamber Installation Dinner and the Airport Advisory Committee report. Mayor Pro Tern Jacobs — Noted that the Guaymas Mariachi's will be here for the July 4th celebration. Announced the Beautification Award from the Chamber of Commerce to the City of El Segundo. MINUTES OF THE REGULAR CITY COUNCIL MEETING June 17, 2003 PAGE NO. 7 01 Mayor Gordon — Announced that the 310 area code split would be postponed for at least a year. Stated the El Segundo had received a commendation from the Los Angeles Board of Supervisors for the adoption of a safe house for drop off of unwanted newborn babies at El Segundo Fire Stations. Reported on the transportation funding bill. Gave an El Toro update. Requested that the Recreation staff arrange for recognition from the City to El Segundo Service persons returning from and serving in Iraq. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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 not on the agenda. The Council will respond to comments after Public Communications is closed. Dan Ehrler, Executive Director, El Segundo Chamber of Commerce, spoke regarding the Worker Compensation Seminar. Cecila Ceccone, Main Street Feet business owner, spoke regarding the construction on Main Street and gave some suggestions for helping the business during the construction. Bridget Dugan, Cooking for You business owner, spoke regarding the construction on Main Street and made suggestions for helping business during construction. Hector Beltran, resident, spoke regarding noise issues. Joe Brandon, resident, spoke regarding shopping and parking in El Segundo. Liz Garnholz, resident, spoke regarding the grant for the completion of the Master Sewer Plan and objected to the City receiving a grant. MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT at 8:50 P.M. MINUTES OF THE REGULAR CITY COUNCIL MEETING June 17, 2003 PAGE NO. 8 018 Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING June 17, 2003 PAGE NO. 9 017 EL SEGUNDO CITY COUNCIL MEETING DATE: July 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the annual adoption of the City's Investment Policy. RECOMMENDED COUNCIL ACTION: (1)Adopt City's Policy as submitted. (2)Alternatively discuss and take other action related to this term. BACKGROUND & DISCUSSION: The Investment Policy of a local agency, by State law, must be adopted annually by its legislative body. The policy presented herewith for consideration and adoption has no changes from that which was approved last year. ATTACHED SUPPORTING DOCUMENTS: Recommended Investment Policy and attachments FISCAL IMPACT: Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: _yes X No ORIGINATED: DATE: 06/10103 alph E. Lanphere, City Treasurer l// ' '/d I-- A DATE: Manager Mary St City 4 1.0 2.0 3.0 City of El Segundo Investment Policy Policy: It is the policy of the City of El Segundo to invest public funds in a prudent manner with the primary objectives of, in priority order, safety, liquidity and yield, and in conformance with all state and local statutes governing the investment of public funds. Scope: This investment policy applies to all funds invested on behalf of the City of El Segundo. These funds are accounted for in the City of El Segundo's Comprehensive Annual Financial Report and include: 2.1 Funds: 2.1.1 General Fund 2.1.2 Special Revenue Funds 2.1.3 Capital Project Funds 2.1.4 Enterprise Funds 2.1.5 Trust and Agency Funds 2.1.6 Debt Service Fund Prudence: When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, the City Council, Treasurer and other persons authorized to make investment decisions on behalf of the City, shall act with the care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. 3.1 The standard of prudence to be used by investment officers shall be the "prudent investor" standard and shall be applied in the context of managing an overall Portfolio of money and investments that belong to the public. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 07/03 021 4.0 Objective: The primary objectives, in priority order, of the City of El Segundo's investment activities shall be: 4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of El Segundo shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City shall only invest in high quality securities and it shall diversify its investments in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio so as not to harm the City's cash flow and principal. The City shall also structure its portfolio so as to prevent the need to sell securities prior to maturity and it shall not take short positions, that is, selling securities that the City does not own. 4.2 Liquidity: The City of El Segundo's investment portfolio will remain sufficiently liquid to enable the City of El Segundo to meet all operating requirements which might be reasonably anticipated. 4.3 Returns on investment: The City of El Segundo's investment portfolio shall be designed with the objective of attaining a return throughout budgetary and economic cycles, taking into account the City of El Segundo's investment risk constraints and the cash flow characteristics of the portfolio. 5.0 Delegation of Authority: Authority to manage the City of El Segundo's investment program is derived from the following: State of California Government Code Section 53600 et seq. Management responsibility for the investment program is therefore delegated to the City Treasurer, who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include reference to: safekeeping, wire transfer agreements, collateral /depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 6.0 Authorized Financial Dealers and Institutions: The City Treasurer shall transact business only with banks, savings and loans, state and federal credit unions, and securities dealers. The Treasurer shall select and maintain a current list of broker /dealers, as defined by Corporations Code Section 25004, authorized to provide the City investment services. This list of broker /dealers shall be included in the Treasureras monthly investment report to the City Council. The broker /dealers shall meet the requirements of Government Code Section 53635.5 and Securities & Exchange 2 07/03 02 7.0 :1 OR Commission Rule 240.156-1 (uniform net capital rule). The Treasurer shall keep on file with the City an audited financial statement for each authorized broker /dealer's last complete fiscal year. Each authorized broker /dealer shall execute an acknowledgement that it has read the City —s current Investment Policy and that it will abide by the terms and conditions of the Policy. Additionally, each such broker /dealer shall complete the questionnaire attached hereto. City funds shall only be placed in and invested with depositories that meet the requirements of Government Code Sections 53630 et seq. Authorized & Suitable Investments: The City of El Segundo is empowered by California Government Code Section 53600 et seq. to invest in the following types of securities pursuant to the limits imposed by said statute. (A copy of Government Code Sections 53601 and 53601.6 are attached and by reference herein incorporated). Of such permitted investments, City funds may be invested, subject to the maturity and percentage restrictions contained in Government Code Section 53601 and 53601.6, as amended from time to time, as set forth below: 7.1 Permitted Investments/Deposits. 7.1.1. Securities of the U.S. Government 7.1.2• Certificates of Deposits 7.1.3. Negotiable Certificates of Deposit 7.1.4. Bankers Acceptances 7.1.5• Commercial Paper 7.1.6. Local Agency Investment Fund (LAIF) 7.1.7• Time deposits 7.1.8• Mutual Funds 7.1.9. Medium Term Notes 7.1.10. County Pooled Funds Collateralization: Collateralization will be required on certificates of deposit pursuant to Government Code Sections 53652 through 53667. Collateral will always be held by an independent third party with whom the City has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. Safekeeping and Custody: All security transactions entered into by the City of El Segundo shall be conducted on a delivery- versus - payment (DVP) basis pursuant to Government Code Section 53601. Except for certificates of deposit, securities shall be held by a third party custodian designated by the Treasurer and evidenced by safekeeping receipts pursuant to Government Code Section 53608. 07/03 oz-J 10.0 Diversification: The City of El Segundo will diversify its investment by security type and institution. With the exception of U.S. Treasury securities and authorized pools, no investment shall be made in contravention of Government Code Sections 53601 and 53601.6 or which will cause more than 50% of the entity's total investment portfolio to be invested in a single security type or with a single financial institution. 11.0 Maximum Maturities: To the extent possible, the City of El Segundo will attempt to match its investments with anticipated cash flow requirements. The City will not directly invest in securities maturing more than five (5) years from the date of purchase pursuant to Government Code Section 53601. 12.0 Internal and External Control: The Treasurer shall establish internal control procedures such that daily investment activity is being reviewed by the Director of Finance. These procedures shall provide adequate internal controls to insure compliance with this Investment Policy and state law. The procedures shall be reviewed annually by an independent external auditor. If the City deposits funds in County Treasuries for investment by County Treasurers, the City Treasurer shall review the statements and reports generated pursuant to Government Code Sections 16481.2, 27133, 27134 and 53684 for each County in which the City has deposited funds. Based upon the review process, the Treasurer shall on a quarterly basis provide a written report to the City Council summarizing any failure by the County Treasuries to comply with state law or their own investment policies and any significant investment activity by the County Treasuries. If any particular investment is downgraded, the Treasurer and Director of Finance will review and determine if a change in that particular investment must be made. The City Council shall establish a periodic independent external audit of the City's compliance with this Investment Policy. 13.0 Reporting: The Treasurer shall file a monthly report, which states its relationship to the Statement of Investment Policy. This report mush be filed with the City Manager and the City Council and comply with Government Code Sections 53607, 53646 and 53684. The General elements of the monthly reports include, but are not limited to, the following_ a. Type of investments. b. Issues. C. Date of maturity. ll 07/03 02 d. Par and dollar amount invested e. Current market value of securities with maturity in excess of twelve months I. Rate of interest. 9. Statement relating the report to the Statement of Investment Policy Statement that there are sufficient funds to meet the next 6 month's obligations County pool investment report List of current authorized broker /dealers List of all investments not held by a third party custodian and the reason they are not placed with a third party custodian. The Treasurer shall provide the California Debt and Investment Advisory Commission (CDIAC) with second and forth quarter investment portfolio reports in order to comply with Assembly Bill 943 (AB943.) These reports must state the financial assets of the City and contain the information detailed in Government Code section 53646(b). The reports must be filed with the CIDAC within 60 days after the close of the second and forth quarters of each calendar year. 14.0 Investment Advisory Committee: The City has established an Investment Advisory Committee (IAC) comprised of the City Treasurer, the Administrative Services Director, an El Segundo Resident (Council appointed) and a member of the investment community (Council appointed). The IAC shall be provided with copies of the monthly reports identified in Section 13. The IAC shall meet the third Tuesday at the end of each quarter to discuss the City's investments and shall communicate in writing any concerns or comments it has with respect to the City =s investments or this Investment Policy to the City Council. 15.0 Ethics and Conflicts of Interest All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. The City Treasurer, or when appropriate the Deputy City Treasurer, shall avoid any transaction that might impair public confidence in the City's ability to govern and manage the investment of public funds in an effective manner. The City Treasurer, Deputy City Treasurer, or other official charged with the responsibility of making investment decisions shall have no vested interest in any investment being made involving public funds of the City, and shall gain no financial benefit from such investment decisions. invest2003 5 07/03 025 Glossary Agency. A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA). An example of an FSA is the Federal National Mortgage Association (FNMA). Basis point. A basis point equals one one - hundredth of 1% (01 %). Book value. The value at which a security is carried on the inventory lists or other financial records of an investor. This value may be the original cost of acquisition of the security, or original cost adjusted by the amortization of a premium or accretion of a discount. The book value may differ significantly from the security's current value in the market. Broker. A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position or take ownership of the security. Certificate of Deposit (CD). A deposit of funds, in a bank or savings and loan association, for a specified term that earns interest at a specified rate or rate formula. Collateralization. Process by which a borrower pledges securities, property or other deposits for the purpose of securing the repayment of a loan and /or security. Coupon rate. Interest rate, expressed as a percentage of par or face value, that issuer promises to pay over lifetime of debt security. Current yield (Current Return). A measure of the simple interest annual yield for interest - bearing investments with maturities of one year or more. To calculate the current yield, the annual coupon interest income is divided by the amount paid to acquire the investment. It is important to note that the current yield is only accurate for investments purchased at par. The current yield calculation includes just one income cash flow — the annual interest income. It ignores the profit or loss resulting from discounts and premiums. Custody. The service of an organization, usually a financial institution, of holding (and reporting) a customer's securities for safekeeping. The financial institution is known as the custodian. Delivery versus payment (DVP). A settlement procedure where payment for a securities purchase is made simultaneously with the transfer of the purchased securities. The same Procedure applies for a securities sale; the securities are transferred as payment is made. Discount. The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. 07/03 026 Discount securities. Securities that do not pay periodic interest. Investors earn the difference between the discount issue price and the full face value paid at maturity. Treasury bills, bankers' acceptances and most commercial paper are issued at a discount. Diversification. Dividing investment funds among a variety of securities, offering independent returns, to reduce risk inherent in particular securities. Federal Agency Securities. A variety of securities issued by several Federally sponsored agencies. Some are issued on a discount basis and some are issued with coupons. Several have the full faith and credit guarantee of the U.S. government, although others do not. Federal Deposit Insurance Corporation (FDIC). A federal agency that insures bank deposits, currently up to $100,000 per deposit. Federal funds (Fed Funds). Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer among each other on a same -day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Fed Funds Rate. Interest rate charged by one institution lending federal funds to another. Federal Home Loan Bank (FHLB). The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis -ii -vis member commercial banks. Federal Home Loan Mortgage Corporation ( FHLMC). A U.S. Corporation and instrumentality of the U.S. government. Through its purchases of conventional mortgages, it provides liquidity to the mortgage markets, much like FNMA. FHLMC's securities are highly liquid and widely accepted. FHLMC assumes and guarantees that all security holders will receive timely payment of principal and interest. Federal National Mortgage Association (FNMA). FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing & Urban Development, H.U.D. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder -owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans in addition to fixed -rate mortgages. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. Federal Reserve System. The central bank of the United States created by Congress and consisting of a seven - member Board of Governors in Washington, D.C., 12 Regional Banks and about 5,700 commercial banks that are members of the system. Government National Mortgage Association (GNMA or Ginnie Mae). Securities guaranteed 07/03 027 by GNMA and issued by mortgage bankers, commercial banks, savings and loans associations and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term pass - through is often used to describe Ginnie Maes. Liquidity. The quality of an asset that permits it to be converted quickly into cash without a Significant loss of value. Local Agency Investment Fund (LAIF). A special fund in the State Treasury which local agencies may use to deposit funds for investment and for reinvestment. It offers high liquidity can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Market Value. The price at which a security is currently being sold in the market Maturity Date. The specified day on which the issuer of a debt security is obligated to repay the principal amount, or face value, a security. Par Value. The stated or face value of a security expressed as a specific dollar amount marked on the face of the security; the amount of money due at maturity. Par value should not be confused with market value. Primary Dealer. A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC), registered securities broker - dealers, banks, and a few unregulated firms. Prudent Person Rule. A standard of conduct where a person acts with care, skill, prudence, and diligence when investing, reinvesting, purchasing, acquiring, exchanging, selling and managing funds. The test of whether the standard is being met is if a prudent person acting in a similar situation would engage in similar conduct to ensure that investments safeguard principal and maintain liquidity. Rate of Return. The amount of income received from an investment, expressed as a percentage. A market rate of return is the yield that an investor can expect to receive in the current interest - rate environment utilizing a buy- and -hold to maturity investment strategy. Safekeeping. A procedure where a third party acting as custodian for a fee holds securities. Secondary Market. Markets for the purchase and sale of any previously issued financial instrument. The first sale of a financial instrument by the original issuer is said to be done a primary market. All subsequent trades are said to be secondary market. Settlement Date. The date on which a trade is cleared by delivery of securities against funds. The date may be the same date as the trade date or later. 8 07/03 028 Total return. Interest income paid on the invested principal, plus interest income earned from the successive reinvestment of that income, plus projected capital gains (or minus losses) on the investment. Differs from yield to maturity because (1) it can include gains or losses from sales prior to maturity, and (2) it permits the assumption of a reinvestment rate different from the yield earned on the underlying principal. Trade,Date. The date on which a transaction is initiated or entered into by the buyer and seller. Treasury Bills. Short-term U.S. government non - interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three - and six -month bills are weekly, while auction of one -year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends. Treasury Notes. Intermediate U.S. government debt securities with maturities of one to 7 years. Treasury Bonds. Long -term U.S. government debt securities with maturities of 10 years or longer. Currently, the longest outstanding maturity is 30 years. Yield. Loosely refers to the annual return on an investment expressed as a percentage on an annual basis. For interest - bearing securities, the yield is a function of the rate, the purchase price, the income that can be earned from the reinvestment of income received prior to maturity, call or sale and the time from purchase to maturity, call or sale. Different formulas or methods are used to calculate yield. See Yield to Maturity and Total Return Analysis. Yield -to- maturity. The rate of return yielded by a debt security held to maturity when both the interest payments and investor's potential capital gain or loss are included in the calculation of the return. 9 07/03 029 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: July 1, 2003 AGENDA HEADING: Consent Agenda Consideration and possible action regarding adopting an ordinance to implement an Administrative Citation Program for enforcing the City's National Pollution Discharge Elimination System (NPDES) permit. RECOMMENDED COUNCIL ACTION: 1• Waive second reading and adopt an ordinance to implement an Administrative Citation Program; 2• Adopt a revised penalty resolution; or, 3. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On June 17, 2003 an ordinance was introduced that will implement an Administrative Citation Program. The program will authorize staff to issue citations with a monetary fine to individuals that violate the City's storm water regulations. The citation will have the following penalty structure: 15' Citation: Warning or $100 2nd Citation: $250 3rd Citation: $500 ATTACHED SUPPORTING DOCUMENTS: Ordinance No. 1364, Adopting Administrative Citation Program; Fine Schedule Resolution FISCAL IMPACT: Capital Improvement Program: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: —YES X NO :D BY: Hansen, Director Commu iry Strenn. Citv Mans Economic, and G /Zs /o,3 Services Department )ATE: 030 ORDINANCE NO. 1364 AN ORDINANCE ADDING A NEW CHAPTER 2A TO TITLE i OF THE EL SEGUNDO MUNICIPAL CODE ESTABLISHING AN ADMINISTRATIVE CITATION PROCEDURE TO IMPOSE ADMINISTRATIVE FINES FOR CERTAIN VIOLATIONS OF THE EL SEGUNDO MUNICIPAL CODE. The Council of the City of El Segundo does ordain as follows: SECTION 1: A new Chapter 2A, entitled "Administrative Citations" and containing §§ 1 -2A -10 to 1 -2A -270, is added to the El Segundo Municipal Code to read as follows: "CHAPTER 2A 1 031 ADMINISTRATIVE CITATIONS 1- 2A -10. Purpose. 1- 2A -20. Applicability. 1- 2A -30. Definitions. 1- 2A -40. Notices. 1- 2A -50. Administrative citations. 1- 2A -60. Amount of administrative fines. 1- 2A -70. Payment of administrative flues. 1- 2A -80. Delinquent administrative fines - penalties and interest. 1- 2A -90. Issuance of permits. 1 -2A -100. Compliance orders. 1 -2A -110. Correction of violation. 1 -2A -120. Initial administrative review - Request. 1 -2A -130. Initial administrative review - Procedure. 1 -2A -140. Initial Administrative Review - Decision. 1 -2A -150. Request for administrative hearing. 1 -2A -160. Advance deposit - Hardship waiver. 1 -2A -170. Hearing officer. 1 -2A -180. Hearing date. 1 -2A -190. Conduct of hearings. 1 -2A -200. Hearing officer's decision. 1 -2A -210. Disposition of administrative fines. 1 -2A -220. Right to Judicial Review. 1 -2A -230. Recovery of Administrative Citation Fines and Costs. 1 -2A -240. Lien Procedure. 1 -2A -250. Recording a Lien. 1 031 1 -2A -260. Administrative fee. 1 -2A -270. Satisfaction of Lien. ARTICLE 1— GENERAL PROVISIONS 1- 2A -10. PURPOSE. This chapter is adopted pursuant to the city's police powers and Government Code § 53069.4 for the purpose of making any violations of El Segundo Municipal Code §§ 5 -4 -1 to 5 -4 -13 (entitled "Storm Water and Urban Runoff Pollution Control) subject to an administrative fine and to set forth the procedures for the imposition and collection of such fines. 1- 2A -20. APPLICABILITY. This chapter provides for administrative citations that are in addition to all other legal remedies, criminal or civil, which the city may pursue to address violations of the Storm Water Code. The use of this chapter is at the sole discretion of the code enforcement officer. 1- 2A -30. DEFINITIONS. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. A. "Citee" means the person(s) to whom a code enforcement officer issued an administrative citation pursuant to this chapter. B. "Code enforcement officer" means city employees from the Public Works Department, Community and Economic Development Department, or Fire Department with the authority to enforce this code. C. "Storm Water Code" means §§ 5 -4 -1 to 5 -4 -13 of the El Segundo Municipal Code and any federal, state, or local regulation enforced by and through the Storm Water Code including, without limitation, pertinent provisions of Titles 13 and 15 of this Code. 1- 2A -40. NOTICES. Unless otherwise provided, all notices and citations required by this chapter must be served on citee via personal service or first -class mail, postage prepaid, to citee's last known address. Service is effective when personally served or when deposited into the United States mail. The individual serving a citee with notice must complete a declaration of service. Failure to receive any notice does not affect the validity of the proceedings conducted under 03n this chapter. ARTICLE 2 — ADMINISTRATIVE CITATIONS 1- 2A -50. ADMINISTRATIVE CITATIONS. A. Issuing an administrative citation pursuant to this chapter is in lieu of any criminal citation that could have been issued for the same violation. The issuance of the administrative citation does not, however, prevent the issuance of a criminal citation for a subsequent violation of the same nature. B. Contents of administrative citation. Each administrative citation must contain the following information: The date of the violation; 2. The address or a definite description of the geographic location where the violation occurred or is occurring; The section of this code that was violated; 4. A description of the conditions causing the code violation; The amount of the administrative fine for the code violation; 6. A description of the fine payment process, including, a description of the time within which, and the place where, the fine must be paid; An order prohibiting the continued or repeated occurrence of the code violation described in the administrative citation; 8. Notification that payment of a fine under this chapter does not excuse or discharge any continued or repeated occurrence of the code violation that is the subject of the administrative citation; 9. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the manner in which a request for review of the citation may be requested; and 10. The name of the citing code enforcement officer. C. Service and Filing of administrative citations. The code enforcement officer must serve the original citation on the person cited in the manner set forth in this 030 chapter and forward a copy of the administrative citation to the city clerk. 1- 2A -60. AMOUNT OF ADMINISTRATIVE FINES. The amounts of the administrative fines imposed for code violations under this chapter will be established by city council resolution. That resolution must also set forth any increased fines for repeat violations of the same code provision by the same person within twelve (12) months from the date of a previous administrative citation. 1- 2A -70. PAYMENT OF ADMINISTRATIVE FINES. An administrative fine must be paid to the city within thirty (30) days from the date of the administrative citation or, if a request for an initial administrative review is submitted, within fifteen (15) days after the date of the notice of the conclusions of that initial administrative review, whichever is later. 1- 2A -80. DELINQUENT ADMINISTRATIVE FINES - PENALTIES AND INTEREST. A. A penalty of ten percent (10 %) is added on any delinquent fines on the last day of each month after the due date. The penalty will not exceed fifty percent (50 %) of the fine. B. In addition to penalties provided by this Section, delinquent fines accrue interest at the rate of one percent (1 %) per month, exclusive of penalties, from the due date. 1- 2A -90. ISSUANCE OF PERMITS. Should a code enforcement officer issue a citation because the citee lacks a required permit and the fine is delinquent, the city will not issue a permit until the delinquent fine, and any applicable penalties and interest, is paid. 1 -2A -100. COMPLIANCE ORDERS. Before issuing an administrative citation for any violation of building, plumbing, electrical, or similar regulation set forth in this code or incorporated by reference, or any violation of Title 15 of this code, the code enforcement officer must first issue a written compliance order to the persons) responsible for the violation unless the violation constitutes an immediate threat to public health or safety. The code enforcement officer may, but is not required to, issue a compliance order for any violation of the Storm Water Code. Any compliance order issued by a code enforcement officer must contain all of the following: A. The date on which, and geographic location where, the violation was observed; 91 034 B. The section of this code violated; C. A description of the conditions causing the code violation; D. Actions required to correct the violation; E. A reasonable time period for the correction of the violation; F. Notice that if the violation is not corrected by the date specified in the compliance order, that an administrative citation may be issued and administrative fines imposed for failure to correct violations by the date specified. 1 -2A -110. CORRECTION OF VIOLATION. No further action is required if the code enforcement officer determines that all violations in the compliance order were cured. If the code enforcement officer determines that all violations were not corrected within the time specified, an administrative citation maybe issued to each person named in the compliance order as a responsible person. ARTICLE 3 - ADMINISTRATIVE REVIEW AND HEARINGS 1 -2A -120. INITIAL ADMINISTRATIVE REVIEW - REQUEST. Citees may request an initial administrative review of the citation within twenty (20) days of its issuance. This request must be made in writing to the city clerk and set forth with particularity the reasons the citee believes a violation did not occur or that the citee was not responsible for the violation(s); must include a copy of the citation; and contain the address to which the conclusions of the city's review should be mailed. A request for an initial administrative review is a mandatory prerequisite to a request for an administrative hearing. 1 -2A -130. INITIAL ADMINISTRATIVE REVIEW - PROCEDURE. The city clerk will forward initial administrative review requests to the following persons (collectively identified as "reviewing officer"): A. To the community and economic development director if the code enforcement officer issuing the administrative citation is an employee within the community and economic development department; B. To the fire chief if the code enforcement officer issuing the administrative citation is an employee within the fire department; or C. To the public works director if the code enforcement officer issuing the administrative citation is an employee within the public works department. 1 -2A -140. INITIAL ADMINISTRATIVE REVIEW —DECISION. A. Upon receiving these requests from the clerk, the reviewing officer will review the requests and provide the clerk with a written notification that: The citation should be vacated because there was no violation, or the citee was not responsible for the violation, and setting forth the basis for that conclusion; The citation should not be vacated because no justification could be found; B. The city clerk's office should mail a copy of the notification to the citee at the address on the request for initial administrative review along with notice establishing the fine due date and the procedure for requesting an administrative hearing. C. The reviewing officer should complete his/her review within ten (10) days of receiving the citee's request. ARTICLE 4 — ADMINISTRATIVE HEARING PROCEDURES 1 -2A -150. REQUEST FOR ADMINISTRATIVE HEARING. Any citee dissatisfied with the conclusions of an initial administrative review may contest that citation by requesting an administrative hearing. A citee must request an administrative hearing within fifteen (15) days after the date the city served the citee with notice of the administrative review decision. Requests must be submitted to the city clerk's office and be accompanied by an advance deposit of the fine or a request for a hardship waiver. 1 -2A -160. ADVANCE DEPOSIT - HARDSHIP WAIVER. A. Citees financially unable to make an advance deposit of the administrative fine, may file for a hardship waiver. The request for a hardship waiver must be filed with the city clerk's office on a form containing information that may be required by the city clerk. The city clerk will review the request and determine whether a waiver is justified. A waiver may only be approved if the request for waiver is accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating that the citee's actual financial inability to deposit the full amount of the fine. 0 B. The city clerk will inform the citee in writing regarding whether the city clerk approved the waiver. This determination must be served upon the citee by mail at the address provided in the waiver application. The city clerk's determination is final. C. Should the clerk determine that a waiver is unjustified, the citee must deposit the fine amount with the city not later than ten (10) days after the date of that decision. Failure to make a deposit within ten (10) days after waiver denial is deemed a waiver of the citee's right to an administrative hearing and the administrative fine will be deemed delinquent. 1 -2A -170. HEARING OFFICER. The city manager designates the hearing officer for the administrative citation hearing. 1 -2A -180. HEARING DATE. After receiving a timely hearing request and deposit, or waiver, of the fine amount, the city clerk sets an administrative hearing on a date not less than fifteen (15) nor more than sixty (60) days from the date the hearing is requested. Written notice of the date, time and location of the administrative hearing must be provided to the citee at least fifteen (15) days before the hearing date. 1 -2A -190. CONDUCT OF HEARINGS. A. Evidentiary Rules. The administrative citation is prima facie evidence of the respective facts contained in the citation. Both the citee and code enforcement officer have the opportunity to testify and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Evidence sought to be introduced is not limited to any legal rules of evidence except for the rule that it must be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the citee was responsible for the violation. B. Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an administrative hearing, the citee may request that the hearing officer decide the matter based on the citation itself and any other documentary evidence submitted by the citee or code enforcement officer before the hearing date. C. Failure to Appear at Hearing. Failure of a citee to appear at the hearing is deemed a waiver of the right to be personally present at the hearing. The hearing officer must then decide the matter based upon the citation itself, any documentary evidence previously submitted, and any additional evidence that may be presented 03 at the hearing by the code enforcement officer. D. Attendance of Code Enforcement Officer. The code enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the code enforcement officer does not attend, the code enforcement officer may, before the hearing date, submit reports, photos or other documentation regarding the violation to the hearing officer for consideration at the hearing. E. Continuation of Hearings. The hearing officer may continue any hearing and request additional information from the code enforcement officer or citee before issuing a written decision. 1 -2A -200. HEARING OFFICER'S DECISION. A. The hearing officer must issue a written decision to uphold or set aside the administrative citation and present the reasons for that decision. B. The city clerk must send a copy of the hearing officer's decision to the citee with notice of the citee's right to appeal the decision in Superior Court. C. The hearing officer's decision is the city's final action on the matter. There is no right to an appeal other than as provided in this chapter. The hearing officer's decision is final as of the date of the decision. 1 -2A -210. DISPOSITION OF ADMINISTRATIVE FINES A. Should the hearing officer uphold the administrative citation, then the city can retain the deposited fine amount. B. Should the hearing officer vacate the administrative citation, then the city must Promptly refund the amount of the deposited fine, if any. C. Should the hearing officer uphold the administrative citation and a hardship waiver was previously granted, the due date for paying the administrative fine will be thirty (30) days from the date of the notice of the hearing officer's decision. D. The city may use all legal means to collect any past due fines, including penalties and interest, should a citee fail to pay in a timely manner. 1 -2A -220. RIGHT TO JUDICIAL REVIEW. A. A citee may appeal the hearing officer's decision by filing an appeal with the (13 i'S Superior Court pursuant to Government Code § 53069.4, or any successor statute, within twenty (20) days from service of the hearing officer's decision. B. Should the citee file a timely appeal with the Superior Court, the requirement to pay the fine is suspended and the payment of the fine, if any, will be in accordance with the Superior Court decision. ARTICLE 5 — COLLECTION AND LIEN PROCEDURES 1 -2A -230. RECOVERY OF ADMINISTRATIVE CITATION FINES AND COSTS. In addition to any other legal remedy, the city may place a lien on property owned by the citee in an amount equal to the sum of the fines delinquent for more than (90) days, plus penalties and interest. Imposition of a lien must stem from a citation for the condition or use of real property, or its improvements, that is owned by the citee. 1 -2A -240. LIEN PROCEDURE A. The city manager, or designee, may initiate proceedings to record a lien conforming with this article if the decision is not appealed. B. Before recording the lien, the city manager, or designee, must submit a report to the city clerk stating the amounts due and owing. C. The city clerk will fix a time, date, and place for the city council to consider the report and any protests or objections to it. D. The city clerk must serve the citee with a hearing notice not less than ten (10) days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that is due. Notice must be delivered first -class mail, postage prepaid, addressed to each citee's address as it appears on the last equalized assessment roll or supplemental roll of the County of Los Angeles, whichever is more current. Service by mail is effective on the date of mailing and failure of citee to actually receive notice does not affect its validity. E. At the conclusion of the hearing, the city council will adopt a resolution confirming, discharging, or modifying the lien amount. 1 -2A -250. RECORDING ALIEN. Within thirty (30) days following the city council's adoption of a resolution imposing ali en, the city clerk will file same as a judgment lien in the Los Angeles County Recorder's Office. W 0 3; 1 -2A -260. ADMINISTRATIVE FEE. Each citee against whose property an assessment is levied pursuant to this chapter will also be assessed an administrative fee in an amount established by city council resolution based on the costs incurred in levying the assessment. The administrative fee will be included in the lien amount approved by the city council and recorded against the citee's property. 1 -2A -270. SATISFACTION OF LIEN. Once the city receives full payment for outstanding principal, penalties, and costs, the city clerk will either record a notice of satisfaction or provide the citee with a notice of satisfaction for recordation at the Los Angeles County Recorder's Office. This notice of satisfaction will cancel the city's lien." SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. 10 0401 PASSED AND ADOPTED this _ day of 2003. ATTEST: Mike Gordon, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 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 , 2003, and was 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 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED Mark D. Hem IM Karl H. Berger Assistant City, 11 04.1 RESOLUTION NO. A RESOLUTION RESCINDING RESOLUTION 4312 AND ADOPTING A NEW FINE SCHEDULE PURSUANT TO EL SEGUNDO MUNICIPAL CODE SECTION 1- 2A -60. The City Council of the city of El Segundo does resolve as follows: SECTION 1. The City Council finds and declares as follows: A. At its regular meeting on July 1, 2003, the City Council adopted Ordinance No. 1364 ( "Citation Ordinance ") which adds Chapter 2A, entitled "Administrative Citations" and consisting of §§ 1 -2A -10 to 1 -2A- 270, to Title 1 of the El Segundo Municipal Code ( "ESMC ") and allows City enforcement officers to issue administrative citations for ESMC violations; B. The Citation Ordinance allows fine amounts to be adopted by City Council resolution; C. This Resolution is adopted pursuant to ESMC § 1 -2A -60 and Government Code § 53069.4(a)(1). SECTION 2: The fine amounts (collectively, "fines ") attached as Exhibit "A" to this Resolution are adopted as the City's fine schedule for purposes of imposing fines Pursuant to Chapter 2A of the ESMC. SECTION 3: The effective date for the fines coincide with the effective date of the Citation Ordinance. SECTION 4: Resolution 4312, adopted June 20, 2003, which establishes a new fine schedule pursuant to El Segundo Municipal Code Section 1- 2A -60, is rescinded. SECTION 5: To the extent any provision of this Resolution is incompatible with or at variance with any prior adopted resolution, the provisions of this Resolution take precedence, and all previous resolutions will be interpreted to harmonize with and not change the provisions of this Resolution. SECTION 6: This Resolution is effective immediately upon adoption. PASSED AND ADOPTED this I st day of July 2003. Mike Gordon, Mayor -1- 04 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the 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 1" day of July, 2003, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST Cindy Mortesen, City Clerk APPROVED A Mark D. He/n� y By: k /� Kar H. B Assistant -2- 043 EXHIBIT A FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS A. Except as otherwise provided, violations of the ESMC for which administrative citations are issued will have fines imposed as follows: 1. A fine not exceeding one hundred dollars ($100.00) for the first violation; 2. A fine not exceeding two hundred and fifty dollars ($250.00) for a second violation of the same provision within one year; 3. A fine not exceeding five hundred ($500.00) for each additional violation of the same provision within one year of the first violation. -3- 044 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: July 1, 2003 AGENDA HEADING: Consent Agenda Consideration and possible action to award a contract to Sancon Engineering for lining of sanitary sewer access structures - Approved Capital Improvement Program — Project No. PW 03 -11 - (estimated cost = $66,170). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award contract; (2) Authorize the City Manager to execute the contract on behalf of the City; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 6, 2003, the City Council adopted plans and specifications and authorized staff to advertise the project for receipt of construction bids. The proposed work includes the walls of 55 sewer access structures and the City's West Basin water con sealing nection vault, located in Manhattan Beach, with a polymer lining material. On June 17, 2003, the City Clerk received and opened the following two (2) bids: Sancon Engineering $66,170 Inland Concrete Enterprise $83,714.50 Staff recommends award of contract to Sancon Engineering which specializes in this type of work. ATTACHED SUPPORTING DOCUMENTS: Location FISCAL Capital Improvement Program: $275,000 Amount Requested: $ 66,170 Account Number: 301 - 400 - 8204 -8317 Project Phase: Award of contract Appropriation Required: No yN��ti DATE: June 23, 2003 Andres Santamaria, Director of Public Works REVIEWED BY• DATE: Mary Stren , it anager AL 20030701 Award contrail to San o, — ron st J 6 Engineering for lining of sanitary sewer access structures — PW 03.11 0 4:5 q O WN L IALNnoo S3139NC Sol 'AAIi 3Ny9H1TYH jo A113 09310-NY5 - 0 5 9 LILLUIL I - n ea v i ¢ m ^�I' 13FYOx e m `� . Y4Yna GIIO Ito: a r 3 J Q Q if 2 m W - J } Ill p � 1YM 5 2 Z 6 W m U 1Y 4Y' a 0 W w '1] gull N33tl" 1 N S MYmNI SL ]10NTI -u X.S.WX.YY li NLLN IM 1L •wN.YnP.I ss Xmaw u .um3X if Y]1N1� 'YN N101.YINIY li ON.1.UI.n 16 .ylYQt S YYY3R LT XN3. 1S X..13X. is P li nY.pNYli is NIY11 IS ONO.N'JIY is OYPJNO] 35 .INt0 Y1N i5 9X111" 13 .ILIA L.41 li 1S3Y�lTN Y z a _ O alum SSl W C 4' 0 U NG.F A.N. XYYN _ U Z W Za J m m ; W W 1 mY < W n N .y W a O N x W W _ w]nlnl3i Q MV 1LL TI IN- 3 O Cc ~ U. u cn G3N 3NIN ? O LIFTY (n .LL13.NNNi H a 'F` .l.Y 314" U m Uj 3y ( a to Q it 1 9X10.4 n. 13Ynn I�I W IN A].Ynnli �W Ir�YY 3N]x.lG 0 W w '1] gull N33tl" 1 N S MYmNI SL ]10NTI -u X.S.WX.YY li NLLN IM 1L •wN.YnP.I ss Xmaw u .um3X if Y]1N1� 'YN N101.YINIY li ON.1.UI.n 16 .ylYQt S YYY3R LT XN3. 1S X..13X. is P li nY.pNYli is NIY11 IS ONO.N'JIY is OYPJNO] 35 .INt0 Y1N i5 9X111" 13 .ILIA L.41 li 1S3Y�lTN Y z a _ O alum SSl W C 4' 0 U NG.F A.N. XYYN _ U `W W U Z m ; W 1 < W N .y a m x W W _ w]nlnl3i Q Q TI 3 O N A M1p U. Cw. N,].c G7 Z G3N 3NIN ? O LIFTY (n .LL13.NNNi H a 'F` .l.Y 314" U m Uj 3y ( a ]A 1 9X10.4 n. 13Ynn W o s U IN A].Ynnli Ir�YY 3N]x.lG N a �u N N y' AM— W �I N� OI Q Z L Nj N i w CL N w C p. N > LL Ut 046 EL SEGUNDO CITY COUNCIL MEETING DATE: July 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding approval of a contract between the City of El Segundo and Randall Funding & Development, Inc. to provide grant writing services on behalf of the city. (Fiscal Impact = $3,000 to $5.000). mc�vmmtnutU COUNCIL ACTION: (1) Approve the contract for professional services between the City of El Segundo and Randall Funding & Development, Inc. (2) Approve the use of funds from the Asset Forfeiture account. (3) Authorize the City Manager to execute the contract on behalf of the City (4) Alternatively discuss and take other action related to this item. The California state budget crisis has caused many local municipalities to be forced to cut back in their services to the community. Smaller communities are currently struggling with increasing expenditures while funding revenues continue to drop. Every year there is a tremendous amount of Federal money that is announced and made available to small communities like the City of El Segundo. This money is awarded in the form of grants, which are used by police departments to purchase updated equipment, technologies, hire personnel, or fund programs. Randall Funding & Development, Inc. is a provider of financial consulting services to local and state governments throughout the country. Staff conducted research on the company and discovered that the company has a very accomplished track record of attaining funding for law enforcement agencies. They provide a team of researchers and grant writers who assist us in achieving financial and development goals. Continued: ATTACHED SUPPORTING DOCUMENTS: Contract for professional services between the City of El Segundo and Randall Funding & Development Inc. (reviewed and approved by Assistant Citv Attnrnav) FISCAL Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required $168,800 $5,000 for initial Needs Assessment, additional funds will depend on number of Proposals submitted and approved. 109 -400- 3105 -6214 x Yes _ No Ce 7 L BACKGROUND & DISCUSSION (continued): Randall Funding recently created the Small Communities Funding Program. Services Provided under the program are: • Needs Assessment ■ Strategic Funding Guide ■ Weekly "Federal Grants Alert" ■ Use of the Research Department ■ Ongoing "Special Funding Alert" • Access to assistance in reporting and administration of any grants we obtain ■ Reimbursement and entitlement audits and claims preparation The El Segundo Police Department will use grant financing to purchase authorized equipment, vehicles, technologies, hiring personnel, or fund programs. All of these purchases will be approved by the proper authority and through department channels. The police department will approve all work performed by Randall Funding prior to commencement The initial cost for the program is $3,000 to $5,000 depending on the type of Needs Assessment the City requests. In addition, the City will pay $2,000 to $3,000 per grant proposal authorized. The City will also make an incentive payment in an amount equal to 5% of all funding that the city receives on grant proposal, not to exceed $20,000 per award. The initial cost can be encumbered in the 2002 -2003 budget from the asset forfeiture account. In the future, the ongoing cost can be created as a line item in the operating budget. The City Attorney has reviewed and approved the proposed contract. 048 Agreement No. CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF EL SEGUNDO AND RANDALL FUNDING & DEVELOPMENT, INC. This AGREEMENT is entered into this I" day of July 2003, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and RANDALL FUNDING & DEVELOPMENT, INC., a Delaware corporation ( "CONSULTANT "). I. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT as set forth in attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit `B," which is incorporated herein. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required Of CONSULTANT by this Agreement. 3. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being Prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $250 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain Page 1 of 9 4 from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances. 4. FAMILIARITY WITH WORK By executing this Agreement, CONSULTANT represents that CONSULTANT has A. Thoroughly investigated and considered the scope of services to be performed; B. Carefully considered how the services should be performed; and C. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 5. TERM. The term of this Agreement will be from July 1, 2003, to June 30, 2005. 6. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT furnishes proof of insurance as required under Section 19 of this Agreement; and B. CITY gives CONSULTANT a written notice to proceed. C. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 7. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 8. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 9. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 10. PROJECT COORDINATION AND SUPERVISION. A. Daniel J. Randall is assigned as Contract Manager and will be responsible for job Performance, negotiations, contractual matters, and Will Easton is assigned as Project Manager and will be responsible for coordination of grant writing projects with CITY's Project Manager. Page 2 of 9 01 J t' i B. Sgt. Carlos Mendoza is assigned as CITY's Project Manager and will be personally in charge of and personally supervise or perform the technical execution of the Project on a day -to -day basis on behalf of CITY and will maintain direct communication with CONSULTANT's Project Manager. 11. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any tern, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 12. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 13. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, Photographs and reports prepared by CONSULTANT under this Agreement are CITY's Property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 14. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or Page 3 of 9 051, city without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 15. INDEMNIFICATION. A. CONSULTANT agrees to the following: �. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify, including, without limitation, CITY's defense costs (including reasonable attorney's fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 19, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 16. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. Page 4 of 9 0 :J <7 17. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 18. AUDIT OF RECORDS. A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Government Code § 8546.7. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. B. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 19. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 Professional Liability $1,000,000 Business automobile liability $0 Workers compensation Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" Page 5 of 9 05,3 such that any other insurance that may be carried by City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88. Such insurance will be on an `Occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated ( "extended insurance "). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by City arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A: VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate. 20. USE OF CONSULTANT. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 21. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 22. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY CONSULTANT ESPD Daniel J. Randall, CEO Randall Funding &Development, Inc. Page 6 of 9 :) =1 350 Main Street Three Harbor Drive, Ste. 315 El Segundo, CA 90245 Sausalito, CA 94965 Fax. Fax: (415) 289-1430 Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons i whom notices are to be given by giving notice in the manner prescribed in this paragraph. 23. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 24. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. Notwithstanding the foregoing provisions, the State of California may exercise the rights reserved for it under this Agreement to ensure compliance with applicable California laws and regulations. 25. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 26. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terns or other agreements expressed or implied, oral or written. There are three (3) Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 27. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 28. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 29. SE VERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the Page 7 of 9 0 J; j extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 30. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 31. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 32. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 33. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 34. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 35. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 36. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. [Signatures on next page] Page 8of9 �'i' IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO, RANDALL FUNDING & DEVELOPMENT, INC., a general law city. a Delaware corporation. Mary Strenn Don Duncan City Manager Chief Operating Officer ATTEST: Secretary Cindy Mortesen, City Clerk W--'X City Attorney Page 9 of 9 0 5 EXHIBIT A COMPENSATION CITY will pay CONSULTANT $5,000 due upon execution of this Agreement. In addition, CITY will pay CONSULTANT $2,000 -$3000 per grant proposal authorized pursuant to this Agreement. Payment is due to CONSULTANT upon receipt of Letter of Authorization (LOA). In addition, CITY agrees to pay CONSULTANT an incentive payment in an amount equal to 5% of all funding that CITY receives on grant proposals submitted by CONSULTANT not to exceed $20,000 per award. CITY agrees to pay such amount within thirty (30) days after notification of grant funding from the granting agency. -i- 058 EXHIBIT B SCOPE OF WORK 1. Generally The services to be provided in this Agreement will be directed to one or more of the following priority areas (collectively, "priority areas "): • Public Safety; • Homeland Security; • Technology; • Infrastructure; • Other areas /departments, as mutually agreed upon by both parties 2. Description of Work A. CONSULTANT agrees to provide grant writing and funding services on behalf of CITY. CONSULTANT agrees to provide any and all services required to effectively achieve the objective of this Agreement. Any work conducted outside the scope of this Agreement is subject to additional fees and no such additional work shall be undertaken except pursuant to an amendment to this Agreement signed by both parties. B. Within thirty (30) days before or after execution of this Agreement, CONSULTANT agrees to facilitate and conduct a on -site Needs Assessment to identify the priority areas. C. CONSULTANT will research potential funding sources for CITY to identify potential grant funds for Client. CONSULTANT will advise CITY of potential funding sources via a weekly "Federal Grants Alert." D. CONSULTANT will conduct continued research during the term of this Agreement and compile a report of grant funding sources as they become available or are announced. E. CONSULTANT will provide this information weekly to CITY in the Federal Grants Alert. F. CITY may review the Federal Grants Alert and contact CONSULTANT if any sources listed address any of the priority areas. G. CITY may elect to receive the Federal Grants Alert via electronic mail. One copy of said alert will be furnished to CITY's Representative each week. H. As soon as possible, and in all cases before CITY's authorization to prepare an application for funding, CONSULTANT will notify CITY of the amount of matching funds, if any, which may be required from CITY in order to qualify for an award of funding, or which may be required to complete tasks identified in the objectives of a specific application. I. The parties may discuss the potential funding sources and identify sources of particular interest to CITY. J. CONSULTANT will provide a copy of the Request for Proposal ( "RFP ") for each funding source specified by CITY, such copy to be provided within five (5) working days of request and subject to the availability of the RFP. K. CITY understands that the RFPs contain all conditions, regulations, and requirements associated with the grant for use of any funds awarded by the funding source. CITY accepts responsibility for understanding the terms and conditions and for complying with said terms and conditions. L. CITY should review the requested RFPs within five (5) working days from the date of CITY's receipt of RFPs, or by a time mutually agreed upon by both parties. M. After CITY's review, CITY must authorize CONSULTANT in writing to prepare and submit an application ( "Letter of Authorization ") before CONSULTANT prepares any application. CITY has the right to review and approve any application that CONSULTANT prepares. N. Both parties agree, that if in CONSULTANT's professional opinion CONSULTANT's efforts are unlikely to result in securing funding for a specific application, CONSULTANT can decline to pursue that application. O. For any application authorized to be prepared by CONSULTANT, CONSULTANT will collaborate with CITY to develop a program design for the parameters of such grant application. P. CONSULTANT must provide CITY with a written list of all information reasonably necessary to submit the application. Q. CITY should use its best efforts to provide CONSULTANT requested materials within five (5) working days of the program design meeting, or by a time mutually agreed upon by both parties. R. "Provision of information" or "provision of requested materials" includes, without limitation, the reasonable provision of complete and accurate disclosure of financial, programmatic or other information CONSULTANT requests to complete authorized applications. n -iii - !'h! 1 S. CONSULTANT is responsible to write grant applications identified by, and in cooperation with, CITY. T. CONSULTANT will review all potential funding opportunities with CITY and receive written approval to submit applications from CITY, before any solicitation efforts by CONSULTANT. U. As CONSULTANT requests requisite supporting information from CITY, CITY should use its best efforts to provide requested materials within seven (7) working days, or within such other time mutually agreed upon by both parties. V. Multi -year awards are included in calculating funds "received," to include any and all funding sources authorized by CITY and solicited by CONSULTANT under this Agreement. For example, a grant award of $200,000 /year for a two -year period is considered an award of $400,000, and incentive awards will be calculated based upon this $400,000. 3. CITY's responsibilities A. CITY will comply with all reasonable requests of CONSULTANT and provide access to public documents necessary for CONSULTANT to provide services under this Agreement. B. CITY understands the services offered and described in this Agreement are time - sensitive, and CITY should with all CONSULTANT's informational requests by ensuring CONSULTANT receives all reasonable requests for information within the time period, as specified in this Agreement. C. CITY will promptly notify CONSULTANT regarding receipt of notification of grant award, grant rejection, or a request for more information that is received by CITY from the funding agency. Whenever possible, CITY agrees to provide CONSULTANT with copies of any letters, faxes or other notification of any grant award or rejection received from the funding agency. -iv - t'