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2003 JUN 03 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, it 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, JUNE 3, 2003 — 5:00 P.M. Next Resolution # 4308 Next Ordinance # 1364 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 /or conferring with the City's Labor Negotiators; as fol lows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 3 matters. 1. Schwartz v. City of El Segundo, LASC No. YC044253 2. Bressi v. City of El Segundo, LASC No. BC288292 3. Bressi v. City of El Segundo, LASC No. BC288293 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) —1 matter Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager Bargaining Units: Police Officers' Association and Firefighters' Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — None. 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 lenath. 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, JUNE 3, 2003 — 7:00 P.M. Next Resolution # 4308 Next Ordinance # 1364 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Fr. Kevin Taylor of St. Michael, the Archangel Episcopal Church PLEDGE OF ALLEGIANCE — Councilmember John Gaines PRESENTATIONS — (a) Commendation to Liz West, outgoing President of the El Segundo Chamber of Commerce for her dedication to our community. (b) Certificate of Recognition congratulating Sunset Home Improvements, Inc. for improving the living environment of the people of the South Bay for 55 years and choosing El Segundo as its headquarters for its family- oriented business. 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 C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding the setting of a date and time for interviewing candidates to the various Committees Commissions and Boards Recommendation — (1) Set date for interviews of candidates to the Recreation & Parks Commission and the Library Board of Trustees, for 6:00 p.m. Tuesday, June 17, 2003; (2) Alternatively, set interviews for a date other than June 17th; (3) Extend expired terms of office until positions are filled; (4) Alternatively, discuss and take other action related to this item. Ig 2. Consideration and possible action regarding a recommendation from the Recreation and Parks Commission to approve a resolution to update and revise fees for film special events and park permits Recommendation — (1) Adopt a resolution to set fees for film, special events and park permits; (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. 3. Warrant Numbers 2533597 to 2533917 on Register No. 16 in the total amount of $1,290,614.58 and Wire Transfers from 5/10/2003 through 5/23/2003 in the total amount of $1,035,899.54. 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. 4. City Council Meeting Minutes of May 20 2003 Recommendation — Approval. 5. Consideration and possible action regarding the request by the El Segundo Rotary Club for support and assistance, including waiver of fees for City services, for this year's El Segundo Rotary Club's 6 t Annual Movie in the Park, to be held at Chevron Park on Saturday, August 2, 2003 beginning at 4:00 pm until approximately 10:30 pm. Recommendation — (1) Approve request; (2) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action to adopt Ordinance Nos. 1362 and 1363 regarding the conduct of special events on city streets and other rights -of -way and the conduct of special events in city parks and facilities Recommendation — (1) Second reading and adoption of ordinances by title only; (2) Alternatively, discuss and take other action related to this item. E 7. Consideration and possible action regarding approval of a Professional Services Agreement to implement the Community Development Block Grant (CDBG) Senior In -Home Care Project between the City of El Segundo and Southview Home Care Services for an amount not to exceed $19,000. Contract period: July 1, 2003 through June 30, 2004 with an option for annual renewal for up to two additional years. Recommendation — (1) Approve the Professional Services Agreement with Southview Home Care Services and authorize the Mayor to execute said Agreement; (2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding approval of a Professional Services Agreement to administer the 2003 -2004 Community Development Block Grant (CDBG) Minor Home Repair and Residential Sound Insulation Projects between the City of El Segundo and LDM Associates, Inc., not to exceed $12,000. Contract period: July 1, 2003 through June 30 2006 Recommendation (1) Approve the Professional Services Agreement with LDM Associates, Inc. and authorize the Mayor to execute said Agreement; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding approval of a Professional Services Agreement to administer the 2003 -2004 Community Development Block Grant (CDBG) Program between the City of El Segundo and Tina Gall & Associates for an amount not to exceed $15,900. Contract period: July 1, 2003 through June 30, 2006. Recommendation — (1) Approve the Professional Services Agreement with Tina Gall & Associates and authorize the Mayor to execute said Agreement; (2) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding approval of a $230,000 professional services agreement with CBM Consulting, Inc. (CBM) to provide construction management services as related to the new Community Center project Recommendation (1) Approve a professional services agreement in a form approved by the City Attorney with CBM Consulting, Inc. for construction management services; es,• (2) Authorize the City Manager to execute a professional services agreement on behalf of the City; (3) Alternatively, discuss and take other action related to this item. 6 11. Consideration and possible action to approve cost sharing agreement between the Cities of El Segundo and Manhattan Beach for Rosecrans Avenue Improvements between Sepulveda Boulevard and Highland Avenue — (Estimated Cost $250,000). Recommendation (1) Approve cost sharing agreement; (2) Authorize the City Manager to execute the agreement on behalf of the City; (3) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action regarding approval of the release of the City of El Segundo's portion ($9,509) of the Juvenile Accountability Incentive Block Grant ( JAIBG) to the Los Angeles County District Attorney's Office Recommendation (1) Approve the release of the JAIBG funds; (2) Authorize the City Manager to sign the waiver authorizing the Office of Criminal Justice Planning to transfer award funds, allocated under the JAIBG 2003 to the Los Angeles County District Attorney's Office; (3) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action on the purchase and installation of a ballistic material to replace the counter windows in the Police Purchase and installation will come from grant funds and Department lobby. shall not exceed $10,000. Recommendation — (1) Approve the purchase and installation of the ballistic material by Defense Technologies; (2) Appropriate and approve the use of funds from the California Law Enforcement Equipment Program grant; (3) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action to increase the recruiting bonuses paid to lateral police officers /dispatchers. Further, enhance the recruiting bonus paid to police personnel and expand the program to current city employees Recommendation (1) Increase the current two -part lateral transfer bonus from $1,000 at appointment and $1,000 upon successful completion of the twelve -month probationary period to $1,500 at appointment and $1,500 upon successful completion of the twelve -month probationary period; (2) Increase the current two -part recruiting bonus to our department's police officers /dispatchers. Currently, recruiters receive $500 upon appointment of the lateral officer /dispatcher and an additional $500 upon the successful completion of their probationary period. This bonus would be increased to $750 at appointment and $750 upon successful completion of the twelve -month probationary period; (3) Expand eligibility to any current city employee. Exceptions shall include Department Heads, Police Captains, sworn and non -sworn personnel who are directly involved in the Police Departments' recruiting /hiring function, personnel assigned to the Human Resources Division, and any other personnel the Chief of Police or Director of Administrative Services designates; (4) Alternatively, discuss and take other action related to this item. 7 15. Consideration and possible action to approve the renewal of an agreement with El Camino College to continue an in- service Firefighter Training Program. Fiscal Impact: Annual reimbursement average of $36,000. Recommendation — (1) Approve the Agreement for an In- service Firefighter Training Program with the El Segundo Fire Department; (2) Authorize the Mayor to sign the Agreement; (3) Alternatively, discuss and take other action related to this item. 16. Consideration and possible action regarding the submission of two (2) grant proposals to the County of Los Angeles Office of Emergency Management (OEM) and the Office of Justice Programs under the State Domestic Preparedness .Equipment Pro ram. Fiscal Im act: None Recommendation — (1) Receive and file report on the grant submittal of the FY2002 grant; (2) Receive and file report on the grant submittal of the FY 2003 (Part 1) grant; 3 Alternatively, discuss and take other action related to these items. ( ) CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — 17. Consideration and possible action to seek designation of El Segundo Fire Stations as "Safe Surrender Sites" Safe Havens for newborn babies. Fiscal Impact $400 Recommendation — (1) Adopt resolution; (2) Alternatively, discuss and take other action related to this item. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — F:: Council Member Gaines — Council Member Wernick — 18. Consideration and possible action regarding establishing a formal policy for naming city streets Recommendation — (1) streets; (3) Alternatively, Mayor Pro Tern Jacobs — Mayor Gordon — uiscussion; (2) Direct staff to formulate a Policy for naming city take other action related to this item. 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, at 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: �p 9 03 TIME: x'Af NAME: 41 EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Consideration and possible action regarding the setting of a date and time for interviewing candidates to the various Committees, Commissions and Boards. RECOMMENDED COUNCIL ACTION: (1) Set date for interviews of candidates to the Recreation & Parks Commission and the Library Board of Trustees, for 6:00 p.m., Tuesday, June 17, 2003; (2) Alternatively, set interviews for a date other than June 17th; (3) Extend expired terms of office until positions are filled; (4) Alternatively, discuss and take other action related to this item. BRIEF SUMMARY: Various Candidates, including Incumbents, have responded to the attached list of Vacancies which has been posted since January 2003 at City Hall, the El Segundo Pubic Library, on Cable, at the Chamber of Commerce, Joslyn and Clubhouse and advertised in the El Segundo Herald and the quarterly newsletter, "Inside El Segundo." Additionally, the city has received the resignation of two of its Library Board members, leaving a total of three positions to be filled on this Board. Applications to the various openings may be filed with the Council Office by interested candidates up until 5:00 p.m. of the Friday before the Tuesday interview date. ATTACHED SUPPORTING DOCUMENTS: Listing of Committees, Commissions and Boards ( "CCBs) - Vacancies for Year 2003; and, Background Information on CCBs. FISCAL IMPACT: N/A ORIGINATED: Julia O. Abreu, Executive Assistant Date: May 21, 2003 A evL. -REVIEWED BY: Mary Strenn, City Manager Date: May , 2003 40L �Xz�oJ 1 CITY OF EL SEGUNDO COMMISSIONS, COMMITTEES, AND BOARDS Vacancies for Year 2003 TO APPLY, CONTACT CITY HALL ADMINISTRATION, #310/524 -2302 MAY TERM EXPIRES /OPENINGS RECREATION & PARKS COMMISSION: (4 Yr Term — No Term Limit - All Residents) Margie Randall (reapptd 6115199 to 3rd 4 -yr term) 05/30/03 JUNE LIBRARY BOARD OF TRUSTEES: (3Yr Term — Max. 2 Term Limit - All Residents) Bernice Whitcomb (apptd 7118100 to 2nd 3 -yr term — not eligible to reapp /y)06 /30/03 PLANNING COMMISSION: (4 Yr Term — No Term Limitation) (All Residents) Philip K. Mahler (apptd 9/7/99 to 1st full term) 06/30/03 SENIOR CITIZEN HOUSING CORPORATION BOARD: (4 Yr Term — No Term Limit - All Residents) Peter Freeman (reapptd 917199 to 3'd 4 -yr term) Sandra K. Gutt (apptd 9/7/99 to 1st 4- yrterm) 06/30/03 06/30/03 AUGUST INVESTMENT ADVISORY COMMITTEE: (4Yr Term — No Term Limit — 2 Residents or 1 Bus /1 Res) Kirk Jon Walske (reapptd 9121199 to 3n' 4 -yr term) 08/30/03 OCTOBER EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE: (4 Yr Term — No Term Limit - AII Residents) Gary Wallace ( apptd 7117102 to unexpired term) 10/31/03 NOVEMBER CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE: (4 Yr Term — No Term Limit — 2 Business /3 Residents) Brian Schiltz ( apptd. 9117102 to short term) Mike Rotolo (apptd. 1118100 to 2nd 4- yrterm) ® 11/30/03 11/30/03 The following Committees/Commissions/Boards do not have term expirations, but from time to time, due to resignations of members, candidates will be asked to apply: LAX MASTER PLAN ADVISORY COMMISSION: (Ad Hoc — Indefinite Terms) Jack Kenton (resigned 7102) ECONOMIC DEVELOPMENT ADVISORY COUNCIL: (No term expiration) NONE POSTED: December 18, 2002 @ a.m. t�z EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Reports Of Committees, Boards and Commissions AGENDA DESCRIPTION: Consideration and possible action regarding a recommendation from the Recreation and Parks Commission to approve a resolution to update and revise fees for film, special events and park permits. RECOMMENDED COUNCIL ACTION: 1) Adopt a resolution to set fees for film, special events and park permits; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 20, 2003, the City Council introduced and scheduled for second reading two ordinances which would govern the conduct of special events on city streets and rights -of -way and on city parks and recreation facilities. Those ordinances detail the process by which the City will issue special events permits and the method in which appropriate fees will be charged in relation to public events on City properties and rights -of -way. The resolution attached represents the final action to establish an orderly process of assessing fees related to city facilities. Staff has presented the fees separately from the ordinances in resolution form to allow timely review by the City Council without having to undertake the additional administrative steps of formally amending the ordinances when it is necessary to amend the fees. (Please see attached page marked 'Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: 1) Resolution establishing fees for film, special events and park permits; 2) Exhibit comparing recommended facility use fees with fees established by local agencies; 3) Exhibit comparing recommended fees with current facility use fees. FISCAL IMPACT: N/A Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No �— S Mary S nn, City Manager / /2- 2 0 1 Background and Discussion (con't): As discussed by staff on May 20, the attached fee resolution would establish five categories of potential facilities users. The categories are: local "non- profits," local "for- profits," out -of -town "non- profits," out -of -town "for- profits" and a fifth category encompassing all that do not fall into those groups. El Segundo residents and 501(c)(3) and 501(c)(6) organizations are considered local "non- profits" and would not be assessed a fee upon using the city's parks or recreation facilities. A partial list of recreation facility fees was adopted by the City Council in August 2001. The purpose of that resolution was to update film fees in city parks and facilities, establish fees for the use of the Urho Saari Swim Stadium by aquatic groups comprised of less than 51% El Segundo residents and update fees for other recreation facilities. However, that list was not inclusive. The recommended fee schedule maintains the base fees established in 2001 for filming on city facilities and the use of the swim stadium. The recommended schedule, however, adds fees for remaining facilities and locations not included in the 2001 resolution. It should be noted that while no changes are recommended for film fees on city parks and facilities, other changes in fees are recommended. A comparison chart of current fees and recommended fees is attached as "Exhibit B." Staff surveyed local cities and based El Segundo's fees on that survey. A summary of that survey is attached as "Exhibit C." The recommended fees seek to benchmark El Segundo facilities as being comparable with the fees charged by neighboring beach cities. The reasoning behind that recommendation is premised on the excellent condition of the cities parks and recreational facilities. It is worth reiterating, however, that the fees would impact primarily non- residents, since residents and local non - profits would not be subject to the fees for non - business uses of the facilities. Please note that the fee schedule includes a section entitled "Community Centers." These fees are based on those currently charged for use of the George Gordon Clubhouse, Joslyn Center and Camp Eucalyptus. Staff recommends that those fees be revisited upon construction of new facilities. Please note also that the recommended fee resolution includes an "Insurance Coverage Matrix." The City Attorney, Risk Manager and Assistant City Manager developed the matrix to allow the Director of Recreation and Parks utilize a quick reference as to the levels of liability insurance would be required when issuing a special events or facilities use permit. The categories and examples listed will provide a clear point of reference when determining appropriate levels of insurance coverage. The City Attorney and Risk Manager will, of course, remain an essential part of the permit review process. The Recreation and Parks Commission considered and approved the recommended fees on April 23, 2003. U1: RESOLUTION NO. A RESOLUTION ADOPTING FEES FOR FILM, SPECIAL EVENTS AND PARK PERMITS. BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. The City adopted ordinances for permitting film shoots, special events, and park events; B. Those ordinances require permittees, in most instances, to pay a fee for using public facilities; C. It is in the public interest for facilities to be available for public and private use at affordable use rates; D. The City Council intends to adopt this Resolution in conjunction with the Motion Picture, Radio and Television Regulations; Special Events Ordinance; and Park Permitting Ordinance in order to establish uniform permit fees for using the City's public property. E. With regard to Motion Picture, Radio and Television Regulations, this Resolution is adopted pursuant to El Segundo Municipal Code §§ 4 -11 -4 and 4- 11 -8(C). SECTION 2: To ensure that City facilities are available to the community for use, the City Council finds it desirable to establish procedures for setting use fees. SECTION 3: The City Council believes that a single City division or department should have responsibility for recommending and setting use fees. The city manager should identify which division or department is best suited for such responsibility. SECTION 4: To ensure that the public is charged a reasonable use fee for using City facilities, the City Council adopts the attached fee schedule for using city facilities. A. As used in this Resolution, "Fees" refers to all fees, deposits and charges contained in Chapter 11 of Title 4 (entitled `Motion Picture, Radio and Television Production Regulations "), Chapter 8 of Title 8 (entitled "Use of Public Streets and Other Rights of Way for Parades, Athletic Events, Block Parties and Public Assemblies ") and Chapter 8 to Title 9 (entitled "Permits Authorizing Events Conducted in City Parks and Facilities ") of the El Segundo Municipal Code. B. The city manager, or designee, must approve promotional, marketing, and/or other temporary rates. -1- 0Id C. The city manager, or designee, must review all basic rates on an annual basis and recommend changes to the City Council as needed. SECTION 5: Criteria used to calculate facility use fees should include, without limitation: A. Comparisons to use fees charged by comparable public agencies in the South Bay area of Los Angeles County; B. Projected maintenance and operational costs for City facilities; C. Estimated future capital improvement costs to City facilities; and D. Estimated market conditions for the South Bay area of Los Angeles County. SECTION 6: All previous resolutions purporting to adopt fees in relation to special events and park uses are superceded by this resolution and therefore repealed. This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this _ day of 2003. ATTEST: Cindy Mortesen, City Clerk APPROVED AS Mark D. Hensler C H. Berger, Assi4t City Attorney -2- Mike Gordon, Mayor 1 "►.i �� 1' 10 laii lol�'° -1110 _ ice. ICI Ai�iV n a Vi y iy ?k I � o I I L_ F4 I T� I�I IT -1 iTl � ICI =I �li�Fns.,fnuo dolt -!p O NOON ()iN(p� U N O UNiO O ONN h N NIN NN N I 9 'O 919 1991 I fP N y f�D N f� N N N N N i 9"e a - - -4I "1O-1. 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EAE�a E �0—p S ¢ u� a cif Nw.9 xd 4 i p „ ° p (� W Z 4d N QJ 2 a p � LL U w hpU `o p u u „ K r LL U ¢ ti Q m 2 0 O CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 5/10/2003 THROUGH 5/23/2003 Date Payee Amount Description 5/12/03 West Basin 741,517.90 H2O payment 5/12/03 5/12/03 Federal Reserve 150.00 Employee Savings Bonds EE 5/13/03 Federal Reserve PGC El Segundo LLC 300.00 Employee Savings Bonds 1 5114/03 Health Comp 32,833.68 Golf Course Payroll Transfer 5121/03 Health Comp 1,692.31 Weekly claims 5/9 5/22/03 Employment Development 3,236.01 Weekly claims 5/16 5/22/03 IRS 31,176.01 State Taxes PR PR 24 5/10 - 5/23/03 Workers Comp Activity 174,579.32 Federal Taxes PR 24 50,414.31 SCRMA checks issued DATE OF RATIFICATION: 6/3/03 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: 1, 035, 899.54 Date 4� 2- c7 Date - -�°- /7 Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 1,035 899 54 I ;J,_ b REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 20, 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 City Attorney Mark Hensley requested an item, which arose after the posting of the agenda, regarding a potential City employee claim be added to the closed session agenda. MOVED by Mayor Pro Tern Jacobs, SECONDED by Mayor Gordon to add the item to the closed session agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT CLOSED SESSION: The City Council moved 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; as fol lows: CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Gov't Code §54956.9(a))-4 matters. Schwartz v. City of El Segundo, LASC No. YC044253 Bressi v. City of El Segundo, LASC No. BC288292 Bressi v. City of El Segundo, LASC No. BC288293 Bacon v. City of El Segundo, WCAB No. UN0458729 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): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 1 matter Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager Bargaining Units: Police Officers' Association and Firefighters' Association MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 20, 2003 PAGE NO. 1 029 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 20, 2003 PAGE NO. 2 030 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 20, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Pastor Rob McKenna of El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS — (a) Council Member McDowell presented a Commendation to the Raytheon Company for their exemplary ethnic diversity in the workplace and wishing them a very special Asian Pacific American Heritage Celebration on May 21, 2003 from 11:30 am to 1:30 pm. (b) Mayor Pro Tern Jacobs presented a Proclamation to Fire Chief Norm Angelo, proclaiming June 7, Super CPR Saturday in El Segundo. (c) Presentation by John Melvin, Regional Field Specialist, CDF Urban and Community Forestry, to the City of EI Segundo as a 2002 Tree City USA. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Absent Council Member McDowell- Present Council Member Wernick - Present PUBLIC COMMUNICATIONS — (Related to Cit Business Onl — 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. Nora Roquet, resident, thanked Council for their support of Tree City USA. Walt Walston, Race Director, "Keep L.A. Running ", spoke regarding the upcoming event. Juli Potter, resident, spoke regarding Consent Agenda Item 7, the Los Angeles Air Force Base Area B Ordinance. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 20, 2003 PAGE NO. 3 031 Council direction to have staff put together a public meeting and public hearing schedule regarding the Air Force Base Project. 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 - NONE C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding a recommendation by the Recreation and Parks Commission to approve an ordinance governing the conduct of special events on City streets and other rights -of -way and to approve an ordinance regarding the conduct of special events in city parks and facilities. Jeff Stewart, Assistant City Manager, gave a brief report. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1362 AN ORDINANCE REPEALING SECTIONS 7 -8 -1 AND 7 -8 -2 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING PARADES AND ADDING A NEW CHAPTER 8 TO TITLE 8 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "USE OF PUBLIC STREETS AND OTHER RIGHTS OF WAY FOR PARADES, ATHLETIC EVENTS, BLOCK PARTIES AND PUBLIC ASSEMBLIES." Council Member Wernick introduced the ordinance. Mark Hensley, City Attorney, read by title only: ORDINANCE 1363 AN ORDINANCE ADDING A NEW CHAPTER 8 TO TITLE 9 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED 'PERMITS AUTHORIZING EVENTS CONDUCTED IN CITY PARKS AND FACILITIES," AND CONSISTING OF SECTIONS 9 -8 -010 TO 9 -8 -360. Council Member McDowell introduced the ordinance. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 20, 2003 PAGE NO. 4 1932 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• Approved Warrant Numbers 2533285 to 2533596 on Register No. 15 in the total amount of $852,148.70 and Wire Transfers from 4/25/2003 through 5/9/2003 in the total amount of $595,841.39. 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. 3• Approved City Council Meeting Minutes of May 6, 2003. 4• PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 5. Approved Professional Services Agreement No. 3174, in a form approved by the City Attorney, to implement the Community Development Block Grant (CDBG) Juvenile Diversion Project between the City of El Segundo and South Bay Youth Project (South Bay Youth Project is sponsored by the City of Redondo Beach, a chartered municipal corporation) for an amount not to exceed $15,400. Contract period: July 1, 2003 through June 30, 2004 with an option of annual review and renewal not to exceed a total of three years. Authorized the Mayor to execute said agreement. 6• Approved the first Amendment to the Professional Services Agreement No. 3027, to implement the Community Development Block Grant (CDBG) Home Delivered Meals Program between the City of El Segundo and Oldtimers Foundation, a California non- profit organization for an amount not to exceed $15,400. Contract period: July 1, 2003 through June 30, 2004 with an option to amend to extend through June 30, 2005. Authorized the City Manager to execute said amendment. 7• PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 9. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 10. Approved reimbursement Agreement No. 3175 between the City of El Segundo and Pacific Pipeline System for pipeline relocation for the Douglas Street Gap Closure/Railroad Project City Capital Improvement Cost $1 201 569)Aut orri ed the Ma ager to execute the agreement on behalf of the City. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 20, 2003 PAGE NO. 5 014r� 11 • Approved standard consultant Agreement No. 3176 with BOA Architecture in the amount of $25,900 for professional architectural design services for the Refurbishment of the City Council Chambers and Replacement of City Hall Exterior Windows — RFP No. 03 -02 — Approved Capital Improvement Program. Authorized the City Manager to execute the agreement on behalf of the City. Authorized $5,100 in contingencies. 12. Receive and filed the recently completed Workers' Compensation Claims Audit report for the City by George Kingston of George Kingston & Associates. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to approve consent agenda items 2, 3, 5, 6, 10, 11 and 12. MOTION PASSED. 4/0. COUNCIL MEMBER GAINES ABSENT CALL ITEMS FROM CONSENT AGENDA 4. Consideration and possible action regarding City co- sponsorship and the waiver of fees, in the amount of $5,700, for a charitable event known as "Keep L.A. Running ", a 5K Walk/Run and 1 OK Run to be held on July 13, 2003 from 8:00 A.M. until noon. Lee Ostendorf, Special Events Coordinator, gave a brief report. Walt Walston, Race Director, responded to Council questions. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member McDowell to approve City co- sponsorship of the nonprofit event, "Keep L.A. MEMBER GAINES ABSENT. Running" and waive City fees in the amount of $5,700. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL 7. Consideration and possible action regarding adoption of an ordinance to allow the City of Hawthorne to analyze the inclusion of Area B of the Los Angeles Air Force Base ( LAAFB) into Hawthorne Redevelopment Agency (RDA) District No. 2 as part of the study of financing mechanisms for the LAAFB modernization project. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member McDowell to adopt Ordinance No. 1361 to allow the City of Hawthorne to analyze the inclusion of Area B of the Los Angeles Air Force Base ( LAAFB) into Hawthorne Redevelopment Agency (RDA) District No. 2 as part of the study of financing mechanisms for the LAAFB modernization project. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBER MCDOWELL; NOES: COUNCIL MEMBER WERNICK. 3/1. COUNCIL MEMBER GAINES ABSENT. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 20, 2003 PAGE NO. 6 034 8. Consideration and possible action regarding the revised El Segundo Community Cable Policies, Procedures and Guidelines as provided by the City Attorney. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve the revised El Segundo Community Cable Policies, Procedures and Guidelines as Provided by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. 9• Consideration and possible action to approve request by Northrop Grumman Corporation to rename 118th Street between Aviation Boulevard and Hornet Way to Northrop Grumman Avenue. MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to approve request by Northrop Grumman Corporation to rename 118 th Street between Aviation Boulevard and Hornet Way to Northrop Grumman Avenue. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES ABSENT. F. NEW BUSINESS — Mayor Pro Tern Jacobs left the Council Chamber due to a potential conflict regarding her ownership of real property on Main Street. 13. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 -Beer and Wine) at a new restaurant, Havana Sandwich Company, located at 229 Main Street, EA No. 613, AUP No. 03 -02, and ABC 03 -02. Applicant: Havana Restaurants, Inc. Mary Strenn, City Manager, gave a report. MOVED by Council Member McDowell, SECONDED by Mayor Gordon to not protest the issuance of the new ABC license for the sale of beer and wine at Havana Sandwich Company, located at 229 Main Street. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR GORDON, COUNCIL MEMBER MCDOWELL; NOES: COUNCIL MEMBER WERNICK. 2/1. MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT. COUNCIL MEMBER GAINES ABSENT. Mayor Pro Tern Jacobs returned to the dias. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 20, 2003 PAGE NO. 7 035 Council Member McDowell - Spoke regarding the upcoming Author Fair at the El Segundo Library on June 1, 2003, 12:45 p.m. to 5:00 p.m. Council Member Wernick - Reported on recent League of California Cities meeting. Mayor Pro Tern Jacobs - Spoke regarding State legislature meetings and local government participation. Mayor Gordon - Spoke regarding the "Safe Havens, Safe Surrender Sites Program ". Asked that an item be agendized for the next meeting seeking designation of the El Segundo Fire Stations as "Safe Surrender Sites" for newborn babies. Spoke regarding beached sea animals at El Segundo Beach and the rescue efforts by the Whale Rescue Team. Requested that the Whale Rescue Team contract be agendized for next Council Meeting. - Spoke regarding downtown revitalization project. - Spoke regarding meetings with 3`d grade students on Friday's to educate them on city government 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 u to t and Punishable by a tine of $250. While all comments are welcome, the Brown Act does not allow Council o take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed, Juli Potter, resident, spoke regarding Consent Item No. 7. Don Wang, Hawthorne resident, spoke regarding the Air Force base property. MEMORIALS - In memory of former Mayor Herman McGill. CLOSED SESSION - NONE ADJOURNMENT at 8:30 P.M. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 20, 2003 PAGE NO. 8 03t EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the request by the El Segundo Rotary Club for support and assistance, including waiver of fees for City services, for this year's EI Segundo Rotary Club's 6 Annual Movie in the Park, to be held at Chevron Park on Saturday, August 2, 2003 beginning at 4:00 pm until approximately 10:30 pm. RECOMMENDED COUNCIL ACTION: (1) Approve request. (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: For the past five years, the El Segundo Rotary Club has sponsored the outdoor screening of a movie which attracts families with young children. This event, entitled Movie in the Park, is in its 6 h year, and has become a tradition in El Segundo. Movie in the Park is expected to draw a crowd of approximately 3,000 people. Although Movie in the Park is held on private property, the event is impacted by the crowds entering Chevron Park on El Segundo Boulevard. The El Segundo Rotary Club has always been mindful of the public's safety and as in the past will use volunteers for traffic, crowd control and cleanup. In addition, Chevron provides personnel to assist with crowd control. Maximum support by the City would include three motor officers and three cadets on overtime from approximately 3:00 pm to 11:00 pm. The delivery of sign posting (arrow boards), cones and traffic delineator to implement the traffic plan would occur during the workweek by the Street Department and no Public Works crew will be required the day of the event. The total cost for City services, which is requested be waived, is approximately $1,950. ATTACHED SUPPORTING DOCUMENTS: Letter from Chris Powell, El Segundo Rotary Club President, dated May 22, 2003. FISCAL IMPACT: $1,950 Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required Yes _ No X ORIGINATED: DATE: May 27, 2003 ulia O. Abreu, Executive Assistant REVIEWED BY: DATE: May 27, 2003 5 3 pO1Pq, rus <rt des vsre Rts west/ Club Charte,,d 1952 - May 22, 2003 Honorable Mayor and Members of the City Council City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mayor and Members of the City Council The El Segundo Rotary-will hold its 6`h annual Movie in the Park on Saturday, August 2,'2003, at Chevron Park, from 4:00 pm until approximately 10:x0 pm. This event attracts families with young children and, as in past yeats, is expected to draw a crowd of approximately 3,000 people. . We respectfully request that the City of El Segundo assist us with minimal city services to make this traditional El Segundo event a success, and to waive the costs and fees which may be associated with such services. Our event is heavily- manned by volunteers; however, we are concerned about the safety issue on El Segundo Boulevard and Illinois. Most attendees'park at the.parking structure at El Segundo Blvd. /Illinois ' Street and cross the boulevard to enter Chevron Park, starting as early as 4:00 pm until the movie begins at dusk, and then again as they exit themovie at about 10:00 pm. We have been in touch with the El Segundo Police Department staff in formulating our traffic plan and determining the number of volunteers we will need to ensure the safety of the public. We would also like the use of delineators and cones from the Street Department, and possibly the arrow board, in order to implement the traffic plan. We request that the City approve the waiver of all costs and fees associated with our event. Some of our members will come before the'council meeting of June 3, 2003 to answer any questions you may have. Thank you Segundo event. for your support of this traditional El .Respectfully Submitted, Cc: Roger Stephenson Chris Powell, President 2002 -2003 . Andres Santamaria, Director Public Works P.O. BOX B 5 • EL SE G U N DO, CA • 9 0 2 4 5 I r?38 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT DESCRIPTION: MEETING DATE: June 3, 2003 AGENDA HEADING: Consent Age Consideration and possible action to adopt Ordinance Nos. 1362 and 1363 regarding the conduct of special events on city streets and other rights -of -way and the conduct of special events in city parks and facilities. RECOMMENDED COUNCIL ACTION: 1) Second reading and adoption of ordinances by title only; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 20, 2003, the City Council introduced two ordinances regarding the conduct of special events on city streets and rights -of -way and city parks and recreation facilities. The ordinances designate the Director of Recreption and Parks as the individual responsible for administering the city's special events policies and provides for appropriate application and review periods for persons seeking to conduct events on public property. In addition, the ordinances provide for an orderly protest procedure in the event a request for a special event permit is denied by staff. The ordinance is presented for a second reading and adoption. If adopted without amendment, the provisions will become effective 30 days following City Council action. ATTACHED SUPPORTING DOCUMENTS: Ordinance Nos. 1362 and 1363. FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes _ No ./j-7/3 Mary Str n, City Manager La ORDINANCE NO. 1362 AN ORDINANCE REPEALING SECTIONS 7 -8 -1 AND 7 -8 -2 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING PARADES AND ADDING A NEW CHAPTER 8 TO TITLE 8 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "USE OF PUBLIC STREETS AND OTHER RIGHTS OF WAY FOR PARADES, ATHLETIC EVENTS, BLOCK PARTIES AND PUBLIC ASSEMBLIES." The city council of the city of El Segundo does ordain as follows: SECTION 1: Chapter 8 to Title 7 of the ESMC, entitled Parades, consisting of §§ 7 -8 -1 to 7 -8- 2 is repealed. SECTION 2: A new Chapter 8 is added to Title 8 of the ESMC to read as follows: "Chapter 8 USE OF PUBLIC STREETS AND OTHER RIGHTS OF WAY FOR PARADES, ATHLETIC EVENTS, BLOCK PARTIES AND PUBLIC ASSEMBLIES. 8 -8 -1: Purpose. 8 -8 -2: Definitions. 8 -8 -3: Administration by Director. 8 -8 -4: Notices. 8 -8 -5: Permit requirements. 8 -8 -6: Exceptions. 8 -8 -7: Fees. 8 -8 -8: Right of Administrative Review. 8 -8 -9: Time for Administrative Review. 8 -8 -10: Commencement of Administrative Review. 8 -8 -11: Administrative Review. 8 -8 -12: City Council Appeal. 8 -8 -13: Application For Permit — Form And Content — All Events. 8 -8 -14: Additional Information Required for Parades. 8 -8 -15: Additional Information Required for Block Parties. 8 -8 -16: Supplemental Information Required by the Director. 8 -8 -17: Action on Permit Application — Review by City Officers. 8 -8 -18: Time Requirements — Events. 8 -8 -19: Time Requirements — Block Parties. 8 -8 -20: Time Requirements — Free Speech Event. 8 -8 -21: Action on Permit Application — Permit Issuance. Page 1 of 20 0 40 8 -8 -22: Action on Permit Application — Permit Denial. 8 -8 -23: Alternative time, place, or manner. 8 -8 -24: General Permit Conditions — Indemnification Agreement. 8 -8 -25: General Permit Conditions — Liability Insurance. 8 -8 -26: General Permit Conditions — Notice To Adjoining Property Owners. 8 -8 -27: Special Permit Conditions. 8 -8 -28: Subsequent Conditions. 8 -8 -29: Permit Revocation. 8 -8 -30: Emergency Suspension of Authorized Event. 8 -8 -31: Cordoning Off the Route or Site of an Event. 8 -8 -32: Public Conduct during an Authorized Event. 8 -8 -1: Purpose. This chapter is adopted pursuant to the city's police powers and California Vehicle Code § 21101(e), and any succeeding statute, for the purpose of regulating parades, athletic events, block parties and public assemblies on or within a city street, parking facility, sidewalk or other public rights -of -way that obstruct, delay or otherwise interfere with the normal flow of vehicle or pedestrian traffic, or which do not comply with applicable traffic laws or controls. 8 -8 -2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter. A. "Athletic event" means any event where a group of persons collectively engage in a sport or form of physical exercise on or within a city street, parking facility, sidewalk, or other public right -of -way, including, without limitation, jogging, running, walking, racing, bicycling, rollerblading, and roller skating. B. "Block party" means a noncommercial social gathering on a local, not arterial or collector, street or area requiring partial or complete street closure to vehicular traffic and use of the street for the festival. C. "City Manager" means the city manager or designee. D. "Director" means the city of El Segundo's director of recreation and parks, or designee. E. "Event" means any parade, athletic event, block party or public assembly that may require partial or complete street closure to vehicular traffic and use of the street for the event. F. "Free speech" means activity protected by the First Amendment of the United States Constitution and/or Article 1, Section 2 of the California Constitution Page 2 of 20 6141 provided that such activity is a significant part of the event. G. "Group" means two or more individuals. H. "In writing" means telegram, facsimile or any other written document. "Parade" means any organized march or organized procession of animals, vehicles or persons on or within a city street, parking facility, sidewalk or other public right -of -way. " Permittee" means a person or entity to which the city issues a permit pursuant to this chapter. K. "Public assembly" means any group of people participating in an organized activity on or within a city street, parking facility, sidewalk or other public right - of -way, other than a group of people participating in an athletic event, block party or parade. L. "Public safety officer" has the same definition as set forth in Government Code § 3301, and any successor statute. 8 -8 -3: Administration by Director. The director will receive applications, issue and revoke permits, and otherwise implement this chapter according to the procedures herein. 8 -8 -4: Notices. A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice will be deemed served when personally delivered to such applicant/permittee or five days following deposit in the first class U.S. Mail, addressed to such applicant/permittee at the applicant/permittee's last known address. B. Unless otherwise provided, written notification to a permittee /applicant of a permit decision will state with particularity the basis for such decision. 8 -8 -5: Permit requirements. A. It is unlawful for any person to conduct, sponsor, or knowingly participate in any event on or within any city street, sidewalk, parking facility, or other public right - of -way that obstructs or interferes with the normal flow of vehicular or pedestrian traffic or which does not comply with applicable traffic laws or controls. Page 3 of 20 042 B. Activity in subsection (A) of this Section is permissible when a permit for such an event is obtained pursuant to this chapter. A permit is not deemed issued until the director receives the applicant's written acceptance in accordance with this chapter. 8 -8 -6: Exceptions. A special event permit is not required for a parade consisting of a vehicular funeral procession or wedding procession. 8 -8 -7: Fees. A. Except as otherwise provided by federal, state, or local laws, or other city council authorized restrictions, all fees applicable to this chapter including, without limitation, fees for using public property, will be established by city council resolution. B. Charges will be imposed for city services provided to a permittee other than public safety and emergency services. Such charges will be determined by the applicable servicing city department(s) and will be based on the actual cost incurred by the city in providing such services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all city equipment, supplies, and the like. Additional charges may be imposed to cover the cost of extraordinary permit investigation and staff costs, if the director determines this necessary. C. Traffic Control Fee. Permittee will pay the city a fee in an amount equal to the city's total estimated costs for providing all of the personnel and materials, including, without limitation, public safety personnel, necessary to control and monitor pedestrian and vehicular traffic for such event. Such fee will be paid by the permittee before the director issues a permit. The traffic control fee may be waived by the director for any permit authorizing an event involving an exercise of free speech rights. Such waiver may be granted only upon a showing of the applicant's inability to pay, which will be supported by a financial declaration. D. Fee Waivers. Upon an applicant's request, the director may, but is not required to, seek a fee waiver from the city council for an event. Fees may only be waived for the following applicants: Non -profit groups with current Internal Revenue Code 501(c)(3) status or 501(c)(6) status, government agencies, and public schools; or Community service groups or organizations without current Internal Revenue Code 501(c)(3) status or 501(c)(6) status where the city council, Page 4 of 20 043 by resolution, determines that the proposed event provides services that meet community needs and it is in the public interest to waive such fees. ADMINISTRATIVE APPEALS 8 -8 -8: Right of Administrative Review. Except as otherwise provided, an applicant may request administrative review of the director's decision pursuant to this chapter. 8 -8 -9: Time for Administrative Review. A. Except as otherwise provided, a request for review must be commenced within five (5) days from the date on which written notice of the director's decision is served on the applicant/permittee. B. If request is untimely, the director may, nevertheless, extend the time for commencing such review for good cause shown. 8-8-10: Commencement of Administrative Review. A request for administrative review will be on a form provided by the director and contain the following information: A. The name, address and telephone number of the person making the request; B. A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; C. A brief description of all grounds for making the request; and D. Such other information as may be required by the director 8-8-11: Administrative Review. A. Upon request for administrative review being filed, the director will provide a copy of the notice to the city manager within two (2) business days. B. Upon receiving a request for review from the director, the city manager will review the request and, within ten (10) days of receiving the request notice, provide the appellant with a written notification that: The director's decision is affirmed; The director's decision is modified; Page 5 of 20 i, 41 The director's decision is reversed and a permit is issued or issued without special conditions. C. The city manager may, but is not required to, conduct a hearing at a time and place determined at the city manager's sole discretion. D. In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the director's decision. 8-8-12: City Council Appeal. Unless otherwise provided, an applicant may appeal the city manager's decision to the city council within ten (10) days of that decision as provided elsewhere in this code or by city policy and procedure. PERMIT APPLICATIONS 8-8-13: Application For Permit — Form And Content — All Events. A. Permit applications will be filed by an individual. B. Permit applications will be in a form prescribed by the director and, for all events, will contain all of the following information: The name, mailing address, and daytime and evening telephone numbers of the person filing the application; 2. If the event is to be conducted by an organization, the name, mailing address, and daytime telephone number of the organization; and if requested by the director, written documentation of the authority under which the applicant is applying for the permit on behalf of the organization; 3. The name, mailing address, and daytime telephone number of the person who will be present during, and responsible for, the event; 4. The name, mailing address, and daytime and evening telephone number of any workers to be employed during the event; 5. The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable; 6. The nature of the event; Page 6 of 20 t14;j 7. The proposed date and estimated starting and ending time of the event; 8. The proposed location of the event, including its boundaries; 9. The estimated number of participants in the event; 10. The type and estimated number of vehicles, animals and structures that will be used in the event; 11. A description of any sound amplification equipment to be employed at the event; 12. The number, size, and material of construction of any signs or banners to be used in the event; 13. The parking requirements for the event; 14. The location of any water, first aid, or comfort stations to be provided at the event; 15. The type and number of any vendors who will sell food, beverages or other goods or services at the event for which a business license is required by this code; and 16. The type of entertainment. 8-8-14: Additional Information Required for Parades. In addition to the information required in this chapter, every application for a parade will include the following information: A. The time when units of the parade will begin to assemble; B. The proposed assembly point for the parade; C. The proposed parade route; D. The interval space to be maintained between units of the parade; E. The estimated duration of the event; and F. The number, types and size of floats. 8-8-15: Additional Information Required for Block Parties. In addition to the information Page 7 of 20 T14 U required by this chapter, every applicant fora block party will include the following information: A. How many occupied houses are within the proposed block party boundaries; B. Drawing of the street layout, block party boundaries and proposed barricades; and C. Petition of at least 2/3 of the property owners /residents on the street within the affected area must show their consent in writing. The petition must clearly state the time, date, place and sponsor of the event. Petitioner information must include name, address, telephone and signature. 8-8-16: Supplemental Information Required by the Director. In addition to the information required this chapter, applications for all permits authorizing an event will include such supplemental information which the director may find reasonably necessary, given the nature of the event, in order to determine whether to approve or deny a permit authorizing such event in the manner hereinafter provided by this chapter. ACTION ON PERMIT APPLICATIONS 8- 8- 17:Action on Permit Application — Review by City Officers. A. After an event permit application is filed, the director will immediately forward the application to directors, or designees (collectively "reviewing officers "), whose departments are affected by the proposed event for their recommendations. The reviewing officers may include, without limitation: The fire chief, 2. The police chief; and 3. The public works director. B. Upon receiving an application, the reviewing officers will consider the application, conduct any necessary investigation, and provide the director with written recommendations regarding: Any special conditions for a permit; 2. Whether, based on the scope of the proposed event, a pre -event operational meeting is required. Should such a meeting be necessary, the Page 8 of 20 �; /) 7 director will notify the applicant of the time and place of the meeting within a reasonable time before the event; and Any additional recommendations. C. The reviewing officers must complete their review within the time that the director must make a decision on the application. 8-8-18: Time Requirements — Events. A. Except as provided in this chapter, completed applications for a permit authorizing an event will be filed in the director's office at least: Seventy (50) days before the date of such event to ensure administrative and city council appeals; Thirty (30) business days before the date of such event, in which case the opportunity for a city council appeal is deemed waived; or 3. A lesser time period approved by the director provided that there is sufficient time to process the application pursuant to this chapter. Any applicant submitting an application pursuant to this section less than thirty (30) days before an event is deemed to have waived the administrative review and city council appeal. B. Except as provided in this chapter, completed applications for a permit authorizing an event will be denied, approved, or conditionally approved by the director within fifteen (15) business days after receiving the completed application. Following his/her decision, the director will promptly attempt to notify the applicant orally, and will provide written notification to the applicant and the city manager. C. Unless otherwise provided, the applicant's acceptance of the approval or conditional approval must be received by the director within five (5) business days after the applicant was served with notification of the decision. Failure of affected persons to receive actual notice of an event after permittee has provided reasonable notice will not invalidate a permit. 8-8-19: Time Requirements — Block Parties. A. Completed applications for a permit authorizing a block party: Page 9 of 20 1 ;4 q Will be filed in the director's office at least fifteen (15) business days before the date of such event or ten (10) business days if the applicant wishes to waive his/her administrative review rights; 2. Will be denied, approved, or conditionally approved by the director within seven (7) business days after receiving the application. The director will promptly attempt to notify the applicant orally and provide written notification to the applicant and city manager. B. Applicant's acceptance of the approval or conditional approval must be received by the director within Five (5) business days after the applicant is served with notice. Failure to accept the decision or to timely file a request for administrative review will be deemed a withdrawal of the application. C. If the applicant filed a completed application at least fifteen (15) business days before the event and the permit is denied or conditioned, the applicant may request an administrative review to the director in writing within three (3) business days of being served with notice of the decision. D. Applicant will be deemed to have waived his/her administrative review rights should the applicant fail to: Submit a completed application at least fifteen (15) days before the event; 2. Fail to request review of the director's decision; or E. The director's decision is a final determination. There will be no right of city council appeal. 8 -8 -20: Time Requirements — Free Speech Event. A. Completed applications for a permit authorizing a free speech event: Will be filed in the director's office at least two (2) business days before the date of such event to ensure an administrative review. The director may, but is not required to, accept a completed application less than two (2) business days before an event upon good cause shown. Applications will not be accepted less than twenty -four (24) hours before an event. Page 10 of 20 i,49 2. Will be denied, approved, or conditionally approved by the director within one (1) business day after receiving the application. The director will Promptly attempt to notify the applicant orally, and provide written notification to the applicant and city manager. Such notice will provide detailed facts and reasons for any denial or conditional approval. 3. The director will consult with the city attorney's office before denying, or specially conditioning, a permit for a free speech event. B. Applicant's acceptance of the approval or conditional approval must be received by the director at least twenty -four (24) hours before the event. Failure to accept the director's decision or to timely file an administrative review request will be deemed a withdrawal of the application. C. The applicant may appeal to the city manager in writing within one (1) business day of either oral or written notification, whichever is first. D. An administrative hearing will be held at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day after the director's decision at 4:00 P.M. in the city manager's office. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant and the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. E. The city manager's decision is a final determination. There will be no right of city council appeal. F. Applicant will be deemed to have waived his/her administrative review rights should the applicant fail to: File a completed application at least two (2) days before an event; 2. Seek review of the director's decision; or Attend the administrative hearing personally or through an authorized representative. 8-8-21: Action on Permit Application — Permit Issuance. A. The director will issue a permit if Page 11 of 20 ��50 The application was complete in accordance with this chapter; 2. There are no grounds for denying the permit; and 3. Applicant accepts the permit approval or conditional approval in writing. B. Use of any permit issued pursuant to this chapter will conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the director to protect public, safety or welfare. Such special conditions may include, without limitation, conditions for controlling pedestrian or vehicle traffic and for protecting public or private property. 8-8-22: Action on Permit Application — Permit Denial. A permit may be denied for the following reasons: A. The application is incomplete; B. The applicant failed to provide reasonable supplemental application information requested by the director; C. Information submitted by the applicant is materially false; D. Applicant seeks approval for an event that is so close in time and location to another event scheduled for the same date as to cause unreasonable traffic congestion or to overextend public safety or emergency services; E. The event's time, route, or method will unreasonably interrupt the safe and orderly movement of traffic contiguous to the site or route of the event; F. The concentration of persons, animals, or vehicles at the event, or at the site of an assembly or disbanding, prevents public safety or emergency services from reaching areas at or contiguous to the event; G. The size of the event will overextend public safety or emergency services to the extent that the safety of event participants, attendees, or the remainder of the city will be seriously jeopardized; This provision does not authorize denying a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed; Page 12 of 20 05.1 H. The event consists of a parade that will not move from its point of origin to its point of termination in three (4) hours or less, or an amount of time otherwise approved by the director; I. The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, parking facility, sidewalk or other public right -of -way to be occupied by the event; J. The event will occur along a route or location adjacent to a hospital or extended care facility, and the noise created by the event would substantially disrupt the operation of the hospital or extended care facility or disturb the patients within; K. The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of such school or class; L. The decorative material on parade floats is not fire resistive or flame retardant or motorized parade floats and towing apparatus are not provided with portable fire extinguisher readily accessible to the operator, as provided in the latest adopted edition of the Uniform Fire Code, or any similar provision in subsequent revisions of such code; M. The application is not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines herein. 8-8-23: Alternative time, place, or manner. If the director denies a permit for an event that would be acceptable by changing the event's time, place, or manner, then the director will inform the applicant of such alternatives. Should the applicant accept the alternative time, place, or manner then the director will issue a permit in accordance with this chapter. PERMIT CONDITONS 8 -8 -24: General Permit Conditions — Indemnification Agreement. Permittee will enter into a hold harmless agreement with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from permittee's event in a form approved by the city attorney's office. Such agreement will be filed with the director before issuance of the permit. 8 -8 -25: General Permit Conditions — Liability Insurance. Page 13 of 20 054 A. Insurance Requirements. Permittee will obtain liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than "A VII." Such insurance will provide "occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. Such insurance will be based upon the size and nature of the event, the risks foreseeably involved, and will be in the amount prescribed by city council resolution or city policy. Insurance will name the city and the city's elected and appointed officials, officers, and employees as additional insureds under the coverage afforded. In addition, such insurance will be primary and noncontributing with respect to any other insurance available to the city and will include a severability of interest (cross - liability) clause. If alcoholic beverages are sold or served at the event, the policy must also include and endorsement for liquor liability in an amount not less than $1,000,000. B. Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city's risk manager, must be filed with the director not less than five (5) business days, except as otherwise provided in this chapter, before the date of the event unless the director for good cause waives the filing deadline. C. Waiver of Insurance Requirements. The insurance required by this section must be waived by the director for any permit authorizing an event involving an exercise of free speech rights. 8-8-26: General Permit Conditions —Notice To Adjoining Property Owners. The permittee will attempt to notify all affected persons, by any reasonable means, regarding the event's nature, date, and time as specified by the director. Failure of the permittee to give such notice will not invalidate a permit. 8 -8 -27: Special Permit Conditions. A. Grounds for Special Permit Conditions. The director may condition a permit with reasonable requirements concerning the time, place, or manner of holding such event as necessary to protect the safety of persons and property or to control vehicular and pedestrian traffic in and around the site of the event, provided that these requirements will not be imposed in a manner that will unreasonably restrict the exercise of free speech rights. B. Conditions may include, without limitation, the following: Page 14 of 20 1. Assembly or disbanding area for a parade; 2. Accommodating an event's pedestrian and vehicular traffic, including restricting events to city sidewalks, portions of a city street, parking facility, or other public right -of -way; 3. Avoiding substantial interference with public safety and/or emergency service access; 4. The number and type of vehicles, animals, or structures to be displayed or used in the event; 5. Inspection and approval by city personnel of stages, booths, floats and other structures or vehicles to be used or operated in the event, in order to ensure that such structures or vehicles are safely constructed and can be safely operated; 6. A cleaning deposit if the event includes using structures, displaying or using horses or other large animals, operation of water stations, food sales, beverage sales, and/or or sale of other goods or services; 7. Provision and use of traffic cones and barricades; 8. Provision and operation of first aid stations or sanitary facilities, including handicap- accessible sanitary facilities; 9. Provision and use of garbage containers, and the cleanup and restoration of the site of the event at the termination of the event; 10. Use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the event; 11. The manner for providing notice of permit conditions to event participants; 12. Provision and use of emergency services ; 13. Alternate sites, times, dates or modes for exercising free speech rights; Page 15 of 20 U 0,, 14. The manner of which alcohol sales and service, if any, will be conducted and proof of valid ABC license.. 8-8-28: Subsequent Conditions. A. Grounds for Special Permit Subsequent Conditions. The director may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable. B. Notice of Special Permit Subsequent Conditions. Should subsequent conditions be required, the director will serve written notice on the permittee of this decision. When acting upon information obtained twenty -four (24) hours before an event, the director may orally inform the permittee, and city personnel overseeing the event, of the new conditions. C. Except where otherwise provided, a permittee may seek administrative review of imposition of subsequent conditions to the city manager as provided in this chapter. The city manager's decision is a final determination. There will be no right of city council appeal. D. Except where otherwise provided, an applicant conducting a free speech event may appeal the decision to impose subsequent conditions through a hearing before the city manager. The city manager's decision is a final determination. There will be no right of city council appeal. 1 • An applicant is entitled to an appeals hearing provided the applicant appeals the director's decision within twenty -four (24) hours of receiving notice of such conditions and the event's purpose is for free speech. 2. The hearing will be at the city manager's office at 4:00 P.M. the next business day after the hearing is requested, unless otherwise agreed upon. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant, the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. PERMIT REVOCATION /SUSPENSION 8 -8 -29: Permit Revocation. A. The director will revoke an event permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable. Page 16 of 20 B. The director may revoke an event permit when the permittee or event violates the permit's terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that this subsection will not authorize revoking a permit because of the need to protect participants from the conduct of others; and, provided further, that the director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time. C. If the director revokes a permit before the date of the event, the director will immediately serve written notice of revocation on the permittee and will provide copies of the notice to all city personnel charged with carrying out any responsibility under this chapter. If the director revokes a permit on the day of the event after learning of facts justifying revocation less than twenty -four (24) hours before the event commenced, the director will announce such action to the event participants, to those city officers and employees monitoring or controlling traffic during the event, and to the person in charge of the event, if such person can be located at the site of the event. Written notice will be delivered after such action to the permittee and city manager. D. An applicant is entitled to an appeals hearing before the city manager provided 1. The applicant appeals the director's decision within forty -eight (48) hours of receiving notice of such conditions; and 2. The event is scheduled at least forty -eight (48) hours after the hearing time. 3. The hearing will be at the city manager's office at 4:00 P.M. the day after the hearing is requested, unless otherwise agreed upon. The city manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant, the director in writing of the city manager's decision. 4. Content of Notices of Revocation. Any notification of action, whether oral or written, will describe with particularity the facts and the reasons for the decision. E. The city manager's decision is a final determination. There will be no right of city council appeal. F. The director or city manager can only revoke a permit for a free speech event after consulting with the city attorney's office. Page 17 of 20 5 P n 8-8-30: Emergency Suspension of Authorized Event. The city manager and any sworn public safety officer may temporarily suspend an event whenever there is an emergency that requires such action to protect public safety. Should this occur, the permittee and event participants will immediately comply with the suspending officer's instructions. The director will immediately attempt to notify the applicant orally and will notify the applicant and the city manager in writing, within twenty -four (24) hours after the suspension, citing with particularity the facts and the reasons for the suspension. CONDUCT OF A PERMITTED EVENT 8- 8- 31:Cordoning Off the Route or Site of an Event. The director of public works, or designee, is authorized and directed to establish traffic and crowd control devices on or within the city's streets, parking facilities, sidewalks, or other public rights -of -way, and to undertake other actions necessary to cordon off the route or site of an event. hi addition, the director of public works, or director, will, when appropriate, cause the route or site of such event to be posted as a no- parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the route or at the site of the event. 8-8-32: Public Conduct during an Authorized Event. A. Interference with Event. It is unlawful to physically obstruct, impede, hamper or otherwise interfere with any event authorized by a permit or with any person, animal or vehicle participating or used in such event. B. Driving Through the Site of Parade or Athletic Event. It is unlawful to drive a vehicle between vehicles or persons traversing the route of a parade or athletic event authorized by a permit when such vehicles or persons are in motion. C. Prohibited Parking. It is unlawful to park along or within any portion of the route or site of an event authorized by a permit, when the route or site had been posted as a no- parking zone by the director in the manner authorized by this chapter." SECTION 3. Repeal of any provision of the El Segundo Municipal Code will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. Page 18 of 20 057 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 thirty (30) days following its passage and adoption. PASSED AND ADOPTED this day of , 2003. Mike Gordon, Mayor Page 19 of 20 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 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. Hen By. azl H. Berger.� Assistant City orq Page 20 of 20 059 ORDINANCE NO. 1363 AN ORDINANCE ADDING A NEW CHAPTER 8 TO TITLE 9 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED ' °PERMITS AUTHORIZING EVENTS CONDUCTED IN CITY PARKS AND FACILITIES," AND CONSISTING OF SECTIONS 9 -8 -010 TO 9 -8 -360. The city council of the city of El Segundo does ordain as follows: SECTION 1: A new Chapter 8, entitled "Permits Authorizing Events Conducted in City Parks and Facilities" and consisting of §§ 9 -8 -010 to 9 -8 -360, is added to Title 9 of the El Segundo Municipal Code ( "ESMC ") to read as follows: "Chapter 8 PERMITS AUTHORIZING EVENTS CONDUCTED IN CITY PARKS AND FACILITIES 9 -8 -010: Purpose. This chapter is adopted for the purpose of regulating public events conducted in city parks and facilities that are operated and maintained by the city recreation and parks department. This chapter is intended to ensure that such events are safe, do not unreasonably interfere with the general public's use of parks and park facilities, and do not damage public property beyond ordinary wear and tear. In addition, this chapter is intended to require any person or organization sponsoring or conducting an event to compensate the general public for all costs incurred in connection with operating and maintaining the parks or park facilities reasonably attributable to that event. 9 -8 -020: 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. "Basic rate" means the fee established by city council resolution for using park property or facilities. The basic rate is based on a fair share of that part of the overall cost of operating and maintaining the city's parks and facilities reasonably attributable to a permittee's use of city park facilities. B. "City Manager" means the city manager or designee. C. "Director" means the recreation and parks director, or designee. D. "Event" means any of the following: Page 1 of 17 60 Any activity in a park that is planned for, or carried out in a manner to attract, more than 100 people to attend or participate in the activity; Any activity in which the persons participating in or viewing the activity are charged a fee or solicited for donations; 3. Any activity which includes the sale of food, beverages or merchandise, and/or the rental of equipment or other things; and 4. Any activity where the nature of the activity necessitates reservation of a park, or portion thereof, before the activity for the applicant's exclusive use or where a permit applicant otherwise seeks to reserve a park, or portion thereof, before the activity for the applicant's exclusive use. E. "Event" does not mean any of the following: 1. Any activity conducted in a park or portion of such park that is sponsored or carried out by another public agency, a private organization, or an individual pursuant to a lease or other agreement between the city and such public agency, private organization, or individual; Filming at a park where the person filming possesses a filming permit issued pursuant to this Code; and 3. Special events that use a park where the person conducting or sponsoring the special event possesses a special event permit issued pursuant to this Code. F. "Free speech" means activity protected by the First Amendment of the United States Constitution and/or Article 1, Section 2 of the California Constitution provided that such activity is a significant part of the event. G. "In writing" means a telegram, facsimile, or any other written document. H. "Park" means any city park or park facility operated or maintained by the recreation and parks department including, without limitation, baseball fields and playgrounds, but does not include golf courses. I. "Permittee" means a person or entity to which the city issues a permit pursuant to this chapter. 9 -8 -030: Administration by recreation and parks director. The city's recreation and Page 2 of 17 061 parks director is authorized to receive applications, issue and revoke permits, and otherwise implement this chapter. 9 -8 -040: Permit required. Except as otherwise provided, it is unlawful for any person to sponsor or conduct an event in a park unless authorized by a permit issued by the director pursuant to this chapter. 9 -8 -050: Notices. A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice is deemed served when personally delivered to the applicant/permittee; when deposited in first class U.S. Mail, addressed to the applicant/permittee's last known address; or when sent via facsimile to the applicant/permittee's last known facsimile number. B. Unless otherwise provided, written notification to a permittee /applicant of a permit decision will state with particularity the basis for such decision. 9 -8 -060: Establishing fees. All fees applicable to this chapter including, without limitation, the basic rate, are established by city council resolution. 9 -8 -070: Application fee. Applications for a permit authorizing an event in a park must be accompanied by an application fee based on the estimated administrative costs incurred by the city for processing applications and issuing permits. 9 -8 -080: Free speech events. The director must waive any fee required by this chapter for any permit authorizing a free speech event upon proof of the applicant's inability to pay, which must be supported by a financial declaration. 9 -8 -090: Basic rate. A condition of issuing a permit is that the pennittee pay the city the basic rate as follows: A. Category 1 permittees do not pay the basic rate. Permittees in this category are individuals who reside within the city using parks for personal use (but not for profit) or non - profit organizations with a primary place of business within the city's jurisdiction. Non - profit organizations must provide evidence of their status to the director's satisfaction. Examples of such evidence include, without limitation, articles of incorporation, by -laws, or proof of Internal Revenue Code § 501(c)(3) or 501(c)(6) status. Non -profit organizations may use parks for fundraising activities which will not be considered a for profit event. B. Category 2 permittees pay the basic rate. Permittees in this category are commercial businesses with a primary place of business within the city's Page 3 of 17 f-116 n jurisdiction. C. Category 3 permittees pay the basic rate plus ten dollars ($10) or such other amount as may be determined by the director as authorized by council resolution. Permittees in this category include non - resident individuals and non -profit organizations with a primary place of business outside the city's jurisdiction. D. Category 4 permittees pay the basic rate plus an amount determined by the director as authorized by council resolution. Permittees in this category are commercial businesses with a primary place of business outside the city's jurisdiction. E. Category 5 permittees pay the full basic rate plus 25 percent of gross receipts or a negotiated flat fee. Included in this category are permittees, whether located inside or outside the city's jurisdiction, using parks commercially and for financial gain. In determining whether an event is commercial and for financial gain, the director may rely upon any reasonable evidence including, without limitation, advertisements, documentation of entrance fees, or requests to restrict public access to the event. 9 -8 -100: Additional use fee. A condition of issuing a permit is that the permittee must pay the city additional park use fees equal to the city's total estimated cost for providing city personnel and/or equipment, if any, needed to monitor an event or otherwise provide city services for, or in connection with, the event. These fees will be determined by the director based on the estimate of the police chief, fire chief, and/or director as to the number and hours of employment of city personnel necessary to control the event or otherwise provide city services for or in connection with such event. 9 -8 -110: Time for depositing fees. A permit is not valid unless, in addition to the other conditions contained in this chapter, the permittee pays all additional use fees to the city within five (5) business days after a permit is issued. 9 -8 -120: Refunds. A. The director will refund all fees submitted pursuant to this chapter, except for the application fee, if a permittee cancels a permit more than ten business days before the date of an event. B. If a permittee cancels a permit less than ten business days before the event, the director will refund fifty (50 %) the basic rate fees and all other fees excluding the initial application fee and any fees for cancelled services such as security, police or insurance incurred by the city. Page 4 of 17 9 -8 -130: Applications - Time requirements. A. Except as provided in this chapter, completed applications for a permit authorizing an event must be filed in the director's office at least: Fifty days before the date of such event to ensure administrative review and city council appeal; 2. Twenty business days before the date of such event, in which case the Opportunity for a city council appeal is deemed waived; or 3. A lesser time period approved by the director provided that there is sufficient time to process the application pursuant to this chapter. Any applicant submitting an application pursuant to this section less than twenty days before an event is deemed to have waived the administrative review and city council appeal. B. Except as provided in this chapter, completed applications for a permit authorizing an event will be denied, approved, or conditionally approved by the director within seven business days after receiving the completed application. Following his/her decision, the director must promptly attempt to notify the applicant orally, and will provide written notification to the applicant. C. Unless otherwise provided, the director must receive the applicant's acceptance of the approval or conditional approval within five business days after the applicant was served with notification of the decision. Failure to receive actual notice does not invalidate the permit. 9 -8 -140: Applications for Free speech event — Time Requirements. A. Completed applications for a permit authorizing a free speech event must be filed in the director's office at least: 1. Thirty -five days before the date of such event to ensure administrative review and city council appeal; Two business days before the date of such event in which case the Opportunity for a city council appeal is deemed waived; or A time period less than two business days before the date of such event upon good cause shown. Applications will not be accepted less than 24 hours before an event. Page 5 of 17 7 B. Completed applications will be denied, approved, or conditionally approved by the director within one business day after receiving the application. The director must promptly attempt to notify the applicant orally, and provide written notification to the applicant and director. Such notice must provide detailed facts and reasons for any denial or conditional approval. The director must consult with the city attorney before denying, or specially conditioning, a permit for a free speech event. C. The director must receive applicant's acceptance of the approval or conditional approval at least 48 hours before the event. Failure to accept the director `s decision or to timely file an administrative review request is deemed a withdrawal of the application. 9 -8 -150: Application form and content. Permit applications will be in a form prescribed by the director and contain all of the following information: A. The name, mailing address, and daytime and evening telephone numbers of the person filing the application; B. If the event is to be conducted by an organization, the name, mailing address, and daytime telephone number of the organization; and, if requested by the director, written documentation of the authority under which the applicant is applying for the permit on behalf of the organization; C. The name, mailing address, and daytime telephone number of the person who will be present during, and responsible for, the event; D. The name, mailing address, and daytime and evening telephone number of an alternate person to contact if an emergency arises and the applicant is unavailable; E. The nature of the event; F. The estimated duration of the event; G. The proposed date and estimated starting and ending time of the event, including assembly and removal; H. The proposed location of the event, including its boundaries and activity locations; The estimated number of participants in the event; Unless the use is prohibited by this code, the type and estimated number of Page 6of17 '_, U l) vehicles, animals and/or structures that will be used in the event; K. A description of any sound amplification equipment to be employed at the event; L. The number, size, and material of construction of any signs or banners to be used in the event; M. The event's parking requirements; N. The location of any water, first aid, or comfort stations to be provided at the event; O. The type and number of any vendors who will sell or prepare food, beverages or other goods or services at the event for which a business license is required by this code; P. Whether alcohol will be served at the event; and Q• The type of entertainment. 9 -8 -160: Supplemental information required by the director. In addition to the information required this chapter, applications for all permits authorizing an event must include such supplemental information which the director may find reasonably necessary, given the nature of the event, in order to determine whether to approve or deny a permit. 9 -8 -170: Action on permit application -- Review by city officers. A. After an event permit application is filed, the director will promptly forward the application to directors, or designees (collectively "reviewing officers'), whose departments are affected by the proposed event for their recommendations. The reviewing officers may include, without limitation: The fire chief; 2. The police chief, and/or 3. The public works director. B. Upon receiving an application, the reviewing officers will consider the application, conduct any necessary investigation, and provide the director with written recommendations regarding: Page 7 of 17 1,6t� 1. Any special conditions for a permit; 2. Whether, based on the scope of the proposed event, a pre -event operational meeting is required. Should such a meeting be necessary, the director will notify the applicant of the time and place of the meeting within a reasonable time before the event; and Any additional recommendations. C. The reviewing officers should complete their review before when the director must make a decision on the application. 9 -8 -180: Permit issuance. A. The director must issue a permit if The application was complete in accordance with this chapter; 2. There are no grounds for denying the permit; and 3. The applicant accepts the permit approval or conditional approval in writing. B. Use of any permit issued pursuant to this chapter must conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the director to protect public safety, and/or welfare. 9 -8 -190: Permit denial. A permit may be denied for the following reasons: A. The application is incomplete; B. The applicant failed to provide reasonable supplemental application information requested by the director ; C. Information submitted by the applicant is materially false; D. The event's time and/or method will unreasonably interrupt the safe and orderly movement of traffic contiguous to the site of the event; E. The concentration of persons, animals, and/or vehicles at the event prevents public safety and/or emergency services from reaching areas at or contiguous to the event; Page 8 of 17 c � { F. The size of the event will overextend public safety and/or emergency services to the extent that the safety of event participants, attendees, and/or the remainder of the city will be seriously jeopardized; provided, however, that this does not authorize denying a permit because of the need to protect participants from the conduct of others; G. The location of the event will substantially interfere with previously scheduled construction or maintenance work at the event site; H. The application was not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines herein; I. The proposed event conflicts or interferes with an event previously permitted, or about to be permitted, for the same location, date, and time; or The nature or size of the event threatens to cause significant damage to a park or Park property, including, without limitation, landscaping or natural vegetation; provided, however, this does not authorize denying a permit because of threatened damage to a park or park property caused by the actions of persons not conducting such event. 9 -8 -200: Alternative time, place, or manner. If the director denies a permit for an event that would be acceptable by changing the event's time, place, or manner, then the director will inform the applicant of such alternatives. Should the applicant accept the alternative time, place, or manner then the director will issue a permit in accordance with this chapter. 9 -8 -210: Notice of denial. Where the director denies a permit, the director will serve notice to the applicant and provide copies to the city attorney. 9 -8 -220: Indemnification agreement. Permittees must enter into a hold harmless agreement, in a form approved by the city attorney, with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from permittee's event. Such an agreement will be filed with the director before a permit is issued. 9 -8 -230: Liability insurance. A. Insurance requirements. Except as otherwise provided by this chapter, permittees must obtain public liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than "A: VII." Such insurance must provide Page 9 of 17 0 6 8 `occurrence" coverage against liabilities for death, personal injury or property damage arising out of or in any way connected with such event. The amount of such insurance will be based upon the city's insurance guidelines and reflect the size and nature of the event and the risks foreseeably involved. Such insurance will name the city and the city's officers, employees, and agents as additional insureds under the coverage afforded. In addition, such insurance must be primary and noncontributing with respect to any other insurance available to the city and will include a severability of interest (cross - liability) clause. If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000.00. B. Certificates of insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city's risk manager, must be filed with the director not less than ten business days, except as otherwise provided in this chapter, before the date of the event unless the director for good cause waives the filing deadline. 9 -8 -240: Waiver of insurance requirements. The insurance required by this section must be waived by the director for a free speech permit. 9 -8 -250: Special permit conditions. A. The director may condition a permit with reasonable requirements concerning the time, place, or manner of holding such event as necessary to protect the safety of traffic in and aro d un persons and property or to control vehicular and pedestrian traf the site of the event, provided that these requirements are not imposed in a manner that will unreasonably restrict the exercise of free speech rights. B. Conditions may include, without limitation: Accommodating an event's pedestrian and vehicular traffic, including restriction of events to a particular park; 2. Avoiding substantial interference with public safety and/or emergency service access; Limiting the number and type of vehicles, animals, or structures to be displayed or used in the event; 4• Having city personnel inspecting and approving stages, booths, and other structures or vehicles to be used or operated in the event, in order to ensure that such structures or vehicles are safely constructed and can be safely operated; Page 10 of 17 069 5. Providing the city a security deposit for repair and/or additional maintenance if the event uses structures, displays or uses large animals, operates water stations, food sales, beverage sales, and/or sales of other goods or services; 6. Providing and using traffic cones and barricades; Providing and operating first aid stations or sanitary facilities, including sanitary facilities accessible to the disabled; Providing and using garbage containers, and cleaning and restoring the event site upon termination of the event; 9. Using sound amplification equipment, and restricting the amount of noise generated by motors and other equipment used in the course of the event; 10. The manner for providing notice of permit conditions to event participants; 11. Providing and using emergency services; 12. Obtaining any and all licenses or permits required by this Code or California law for the sale or distribution of food, beverages, or other goods or services at the event, including, without limitation, a valid health permit as required by California Health and Safety Code § 113920, and any successor statute or regulation, if food is distributed to the public more than three days in any 90 -day period; 13. Providing electricity, gas, and water for the event; 14. Providing signage and barricades that may be necessary to avoid conflicts between persons participating in the event and other persons using the Park in and around the site of the event or which may be necessary to protect the park, landscaping, or natural vegetation in and around site of the event; 15. Providing monitors and security personnel that may be necessary to safely carry out the event; 16. Permitting access the site of the event through park gates at times when gates are normally closed in order to prepare for an event or to clean up and remove equipment and structures at the conclusion of the event; Page 11 of 17 070 17. Permitting ovemight camping by persons engaged in preparing for the event or providing overnight security for equipment and structures utilized in such event; and 18. Providing for the manner in which alcohol sales and service, if any, are conducted. 9 -8 -260: Subsequent conditions. A. The director may add additional conditions to previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable. B. Should subsequent conditions be required, the director must serve written notice on the permittee of this decision. When acting upon information obtained 24 hours before an event, the director may orally inform the permittee, and city personnel overseeing the event, of the new conditions. C. Except where otherwise provided, a permittee may seek review of imposition of subsequent conditions to the director as provided in this chapter. The city manager's decision is a final determination. There is no right of city council appeal. D. Except where otherwise provided, an applicant conducting a free speech event may appeal the decision to impose subsequent conditions through a hearing before the city manager. The city manager's decision is a final determination. There is no right of city council appeal. An applicant is entitled to an appeals hearing provided the applicant appeals the director's decision within 24 hours of receiving notice of such conditions and the event's purpose is for free speech. The hearing will be at the city manager's office at 4:00 p.m. the next business day after the hearing is requested, unless otherwise agreed upon. The city manager must issue a decision orally at the conclusion of the hearing and also notify the applicant and the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. 9 -8 -270: Right of administrative review. Except as otherwise provided, an applicant may request administrative review of the director's decision pursuant to this chapter. 9 -8 -280: Time for administrative review. Page 12 of 17 0'71. A. Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the director's decision is served on the applicantlpermittee. B. If the request is untimely, the director may, nevertheless, extend the time for commencing such review for good cause shown. 9 -8 -290: Commencement of administrative review. A request for administrative review must be on a form provided by the director and contain the following information: A. The name, address and telephone number of the person making the request; B. A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; C. A brief description of all grounds for making the request; and D. Such other information as may be required by the director. 9 -8 -300: Administrative review. A. Upon request for administrative review being filed, the director must promptly provide a copy of the notice to the city manager. B. Upon receiving a request for review from the director, the city manager must review the request and, within ten days of receiving the request notice, provide the appellant with a written notification that: The director's decision is affirmed; 2. The director's decision is modified; 3. The director's decision is reversed and a permit is issued or issued without special conditions. C. The city manager may, but is not required to, conduct a hearing at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day at 4:00 p.m. at the city manager's office. D. In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the director's decision. Page 13 of 17 tl72 9 -8 -310: City council appeal. Unless otherwise provided, an applicant may appeal the city manager's decision to the city council within ten days of that decision as provided elsewhere in this Code or by city policy and procedure. 9 -8 -320: Free speech events. A. The applicant may seek, in writing, administrative review by the city manager within one business day of the director's oral or written notification, whichever is first, of a denial, revocation, or subsequent conditioning. An administrative hearing will be held at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day after the director's decision at 4:00 p.m. in the city manager's office. The city manager may issue a decision orally at the conclusion of the hearing, but must notify the applicant and the director in writing of the city manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision. B. The city manager's decision: Is a final determination without right to city council appeal if applicant waived the applicant's right to city council appeal as provided in this chapter; 2. If the right to city council appeal is not waived, may be appealed to the city council in writing within two business days of either oral or written notification of the city manager's decision, whichever is first. C. Applicant will be deemed to have waived administrative review ri ghts should the applicant fail to: File a completed application at least two days before an event; Seek review of the director's decision; or 3. Attend the administrative hearing personally or through an authorized representative. 9 -8 -330: Permit revocation. A. The director may revoke a permit upon leaming or discovering facts requiring permit denial not previously disclosed or reasonably discoverable. Page 14 of 17 B. The director may revoke an event permit when the permittee and/or event violates the permit's terms and conditions, or when event participants violate applicable laws or regulations; provided, however, that this subsection will not authorize revoking a permit because of the need to protect participants from the conduct of others; and, provided further, that the director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time. C. If the director revokes a permit before the date of the event, the director must immediately serve written notice of revocation on the permittee and provide copies of the notice to all city personnel charged with carrying out any responsibility under this chapter. If the director revokes a permit on the day of the event after learning of facts justifying revocation less than 24 hours before the event commences, the director must announce such action to the event participants, to those city officers and employees monitoring or controlling traffic during the event, and to the person in charge of the event, if such person can be located at the site of the event. Written notice must be delivered after such action to the permittee and director. D. An applicant is entitled to an appeals hearing before the city manager provided: 1. The applicant appeals the director's decision within 48 hours of receiving notice of such conditions; and 2. The event is scheduled at least 48 hours after the hearing time. 3. The hearing will be at the city manager's office at 4:00 P.M. the day after the hearing is requested, unless otherwise agreed upon. The city manager must issue a decision orally at the conclusion of the hearing and also notify the applicant, and the director in writing of the city manager's decision. E. The city manager's decision is a final determination. There is no right of city council appeal. F. The director or city manager can only revoke a permit for a free speech event after consulting with the city attorney. 9 -8 -340: Emergency suspension of event. The city manager and any sworn public safety officer may temporarily suspend an event whenever there is an emergency that requires such action to protect public safety. Should this occur, the permittee and event Participants must immediately comply with the suspending officer's instructions. The director will immediately attempt to notify the applicant orally and will notify the Page 15 of 17 074 applicant and the city manager in writing, within 24 hours after the suspension, citing with particularity the facts and the reasons for the suspension. 9 -8 -350: Cordoning off the site of an event. The city manager, or designee, is authorized and directed to establish traffic and/or crowd control devices on or within the city's streets, parking facilities, sidewalks, or other public rights -of -way, and to undertake other actions necessary to cordon off the site of an event. In addition, the city manager, or director, will, when appropriate, cause the route or site of such event to be posted as a no- parking zone for the duration of the event and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the site of the event. 9 -8 -360: Public conduct during events. A. Interference with event. It is unlawful to physically obstruct, impede, hamper or otherwise interfere with any event authorized by a permit or with any person, animal, or vehicle participating or used in such event. B. Prohibited parking. It is unlawful to park vehicles along or within any portion of the site of an event authorized by a permit, when the route or site had been posted as a no- parking zone by the director in the manner authorized by this chapter." SECTION 2: 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 3: 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. SECTION4: This Ordinance becomes effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this _ day of 2003. Mike Gordon, Mayor Page 16 of 17 r�+/y, ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 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 APPRI Mark I LE Page 17 of 17 0 V (-. 2 Agreement No. AGREEMENT FOR COST SHARING BETWEEN THE CITY OF EL SEGUNDO AND THE CITY OF MANHATTAN BEACH THIS AGREEMENT is entered into this day of CITY OF EL SEGUNDO ( "EL SEGUNDO ") andatheb CITY eOFthe MANHATTAN BEACH ( "MANHATTAN BEACH "). 1. RECITALS. This Agreement is entered into with reference to the following facts and objectives: A. MANHATTAN BEACH and EL SEGUNDO are working with the Los Angeles County Public orks Department to develop a Project for resurfacin Rosecrans Avenue from Highland Avenue to Sepulveda Boul yard ( "Project "). Rosecrans Avenue consists of three nes westbound and two lanes eastbound with parking lane curbs, gutters, and a raised median. The Project w uld intersect the jurisdictional boundaries of bo h Parties. B. The purpose of this Agreement is \merial for cost sharing between the Parties of aly and reasonable expenses relating to ttion of plans and specifications, geotechnical investigations, public works bids act documents and construction costs for the Pr ALLOCATION OF COSTS A. MANHATTAN BEACH agrees that it will, without li\fo cause all plans and specifications to be prepar Project and advertise and administer the constr contract. MANHATTAN BEACH will be the lead ageany environmental review needed for the Project making progress payments to its design consultant and construction contractor. B. Such plans and specifications should include, at a minimum, the following: i. Recommendations on removing and restoring curb, gutter, and sidewalks within the Project area; ii. Resurfacing /reconstructing Rosecrans Avenue; iii. A traffic detour and striping plan; iv. Bus pads at the location of all existing bus stops within the limits of construction; 07! Page 2 of 4 V. Renovation of the medians including, without limitation, landscaping and irrigation plans; vi. Preliminary and final construction cost estimates. MANHATTAN BEACH will submit plans and specifications for review by EL SEGUNDO and incorporate EL SEGUNDO'S comments for work within its City limits prior to advertising the project for construction bids. It is understood that the total project cost including design, construction and con truction management is budgeted for $1,000,000. The Count, 's share is $500,000 and the two Cities will contribute $250,00 each. If the construction bid amounts exceed this budgeted amount,,, each city shall have the opportunity to review the bid results an approve or deny the needed additional amounts prior to co tract award. The County's share in the amount $500,000.00 will be applied to the project costs first; after i has been exhausted then the Cities will contribute their shares o the construction cost using the same ratio as that detailed i Exhibit "A ". EL SEGUNDO agrees to pay MANHATTAN BEACH, on execution of this Agreement and within thirty calendar days o receipt of the bid result, its share of $250,000. Each City shall be solely responsible for the re 'ew and approval or denial of any change order within its own city imits. Each city shall approve or deny such change order within working days from the date submitted by the contractor. EL SE DO agrees to pay MANHATTAN BEACH the cost of any change order wor approved by E1 Segundo within 40 calendar days after project \d days ance and a final cost report furnished by Manhattan Beach. In t e event a change order results in a delay claim brought I by the contractor, each city agrees to be responsible for that dela claim. 3. NO ADDITIONAL COST - SHARING IMPLIED. The Parties agree that the payment of the amounts described above does not imply the existence of a partnership, joint venture or similar joint enterprise, and the fact that the parties have chosen to share expenses for the Project neither creates, evidences nor implies any obligation to expend or share any future expenses related to the Project except as otherwise specifically provided in this Agreement. 4. FUTURE COST SHARING AGREEMENT. Manhattan Beach hereby agrees that it will enter into a similar cost sharing agreement with E1 Segundo to implement a future roadway and median landscaping project proposed by E1 Segundo for Rosecrans Avenue east of Sepulveda Boulevard within the city limits of both cities. 1-; 7 8 Page 3 of 4 5. COPIES OF DOCUMENTS. Copies of all documents, data, studies, drawings, maps, models, photographs and reports including, without limitation, record drawings, prepared by or on behalf of MANHATTAN BEACH under this Agreement will be provided to EL SEGUNDO. 6. NOTICES. All communication to either party by the other party will be deemed made when received by such party at its respective name and address as follows: EL SEGUNDO Director of Public Works City of E1 Segundo 350 Main reet E1 Segundp, CA 90245 Fax: 310/6,40.0489 MANHATTAN BEACH Director of Public Works City of Manhattan Beach 1400 Highland Avenue Manhattan Beach, CA 90266 Fax: 310/802.5301 Any such written mmunications by mail will be conclusively deemed to have been eceived by the addressee upon deposit thereof in the United tates Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time f actual delivery. Changes may be made in the names or addresse of persons to whom notices are to be given by giving notice in the anner prescribed in this paragraph. 7. INTERPRETATION. This Agreement wa drafted in, and will be construed in accordance with the laws o the State of California, and exclusive venue for any action involve this agreement will be in Los Angeles County. 8. ENTIRE AGREEMENT. This Agreement sets forth he entire understanding of the Parties. There are no other nderstandings, terms, or other agreements expressed or implied, or or written. This Agreement will bind and inure to the benefit of he parties to this Agreement and any subsequent successors and as 'ans_ 9. 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. 10. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 11. 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 7 n Page 4 of 4 in the actions described herein. This Agreement may be modified by written amendment. CITY'S city manager may execute any such amendment on behalf of CITY. 12. 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 respect as having the same effect as an original signature. 13. INDEMNIFICATION. Each of the Cities shall indemnify, defend and hold harmle s each other, and each other's agents, officers and employees, f and against any and all liability, expense, damage, injury, caus of action or judgment arising from or connected with the ind nifying city's wrongful or negligent actions or omissions in nnection with its performance under this Agreement. IN WITNESS WHEREOF the partie contract the day and year first he CITY OF EL SEGUNDO Mary Strenn City Manager ATTEST: Cindy Mortesen City Clerk APPROVED Mark D. BY: /'/, Karl" H. Assista �y Attorney ty Attorney hereto have executed this i,nabove written. OF MANHATTAN BEACH City ATTEST: Liza 'i'amur City Clerk APPROVED AS TO City Attorney L SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 3, 2003 AGENDA HEADING: Consent Agenda Consideration and possible action regarding approval of a Professional Services Agreement to implement the Community Development Block Grant (CDBG) Senior In- Home Care Project between the City of El Segundo and Southview Home Care Services for an amount not to exceed $19,000. Contract period: July 1, 2003 through June 30, 2004 with an option for annual renewal for up to two additional years. RECOMMENDED COUNCIL ACTION: 1. Approve the Professional Services Agreement with Southview Home Care Services and authorize the Mayor to execute said Agreement; or, 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 17, 2002, the El Segundo City Council approved the 2003 -2004 Community Development Block Grant (CDBG) Program and Budget, including the Senior In -Home Care Project. For over ten years, the Senior In -Home Care Project has annually provided approximately 400 in -home visits to El Segundo elderly and severely disabled persons. A Request for Proposal was issued to identify a licensed, qualified home health care agency to provide senior in -home care services. The following firms submitted proposals: (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Professional Services Agreement FISCAL IMPACT: Operating Budget: $19,000 Amount Requested: N/A Account Number: CDBG 111 - 2743 -6214 Project Phase: None Appropriation Required: _Yes X No ORIGINATED: DATE: May 27, 2003 M. Hansen, Director of Community, Economic and Development Services 'ED BY: DATE: 97107 Ma S ,City Manager � PAPlanning & Building Safety\ CDBG\ cdbg .ccmtg.srin- home.psa6.03.03.doc 7 O STAFF REPORT: June 3, 2003 Page 2 BACKGROUND AND DISCUSSION (continued) Home Instead Senior Care $16.00 /hour AccentCare $15.25 /hour Always Right Home Care $14.75 /hour Southview Home Care Services, Inc. $14.00 /hour Staff reviewed the four proposals and recommends retaining Southview Home Care Services, Inc., to provide home health care services to El Segundo senior and severely disabled adults under the CDBG program. Southview Home Care Services, Inc., was the lowest responsive bidder. Southview Home Care Services, Inc., possess extensive experience in providing personal care and companion services to homebound elderly and disabled persons. References contacted indicate that Southview's in -home care companions are experienced, reliable and well qualified. Southview is also an El Segundo - based agency with an active business license. A total of $24,000 in CDBG and General Funds have been approved and budgeted for the next fiscal year to support this project. Of that amount, $19,000 will be used to contract for professional services with the recommended home health care agency. P:\Planning & Building Safety \CDBG \cdbg. ccmtg.srin- home.psa.6.03.03.doc Agreement No. AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN THE CITY OF EL SEGUNDO AND SOUTHVIEW HOME CARE SERVICES, INC. This AGREEMENT is entered into this first day of July 2003, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and SOUTHVIEW HOME CARE SERVICES, INC., (CONSULTANT). 1. RECITALS. This Agreement is entered into with reference to the following facts, objectives and understandings between the parties: A. CITY is a recipient of Community Development Block Grant (CDBG) funds through the County of Los Angeles. The CDBG program is funded by the U.S. Department of Housing and Urban Development (HUD) pursuant to Title 1 of the Housing and Community Development Act of 1984 as amended ( "ACT "). B. CITY approved the provisions of federal funds under the ACT to be used to provide professional services required under CITY's Community Development Block Grant Program. 2. 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 a sum not to exceed NINETEEN THOUSAND dollars ($19,000) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 3. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which are incorporated herein. CONSULTANT will utilize CITY Community Development Block Grant (CDBG) funds to contract for home health care services for El Segundo senior adult and/or severely disabled residents who are homebound for a three -year period beginning July 1, 2003 and ending June 30, 2004, and subject to annual review for a period of up to two additional years, through June 30, 2006. B. The above services must be provided to the City of El Segundo residents from Page 1 of 12 i� 8 � households meeting verified low and moderate - income criteria as established by the Federal Housing and Urban Development Department (HUD) and the Los Angeles County Community Development Commission (COUNTY). At least 51 % of the clients served must meet said low and moderate household income criteria and must be verified residents of the City of El Segundo. Residency information must be kept on all clients served under this program. However, the nature and condition under which this program will serve its clientele presumes that the program's recipients are principally low and moderate - income persons (i.e., senior adults and severely disabled persons). C. 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. 4. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 5. DISPUTES AND REMEDIES. A. Claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, must be resolved by the following procedure: i. City and Consultant will exercise their best efforts to resolve disputes through the development of a consensus. A meeting may be requested by City or Consultant at any time for the purpose of resolving a dispute. A determination by City's Community, Economic and Development Services Director will be made within two (2) weeks after a meeting to resolve the dispute; ii. If unresolved within thirty (30) days, then City's city manager, or designee, will make a final determination; iii. Following the city manager's final determination, the Parties may submit any unresolved matters to non - binding mediation. The parties may, but are not required to be, represented by counsel in mediation. Page 2 of 12 iv. If the Parties do not agree to mediation, or if mediation does not resolve the Parties' dispute, the matter may be pursued in Los Angeles County Superior Court. B. The Parties' rights and remedies under this Agreement are in addition to any other rights and remedies provided by law. 6. PAYMENTS. Upon compliance with specified performance requirements, CITY shall pay SOUTHVIEW HOME CARE SERVICES, INC., an hourly rate of $14.00 per hour to provide in- home personal and household care to El Segundo homebound senior adults and/or severely disabled persons, in an amount not to exceed a total of $19,000 for the Fiscal Year 2003 -2004, which shall constitute full and complete satisfaction of the obligations under this Agreement. Annual compensation is based upon an allocation of both CDBG funds and City funds. Compensation paid in future years shall be based on a portion of the CITY'S annual allocation, if and when CDBG funds are made available to CITY from COUNTY. The parties understand and agree that such reimbursement, if any, shall be conditioned upon receipt of CDBG funds by CITY from COUNTY. Such funds, if any, shall be paid only after development and execution of a Memorandum of Understanding between CITY and COUNTY necessary to implement the project covered by this Agreement, and receipt and approval by CITY of a periodic detailed invoice, and any other program monitoring reports required by CITY, in a form specified by CITY. Payments shall be made by CITY to CONSULTANT in installments pursuant to the following: After services have been rendered by CONSULTANT, a detailed invoice on forms mutually acceptable to both parties shall be submitted to CITY. CITY will then process payment to CONSULTANT and pursue claim for payment from COUNTY, based upon said invoice. Payment will be made to CONSULTANT in the amount of the invoice as approved by CITY and subject to return to CITY should the COUNTY prove unwilling or unable to reimburse CITY for said payment. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that, to the best of CONSULTANT's knowledge and belief, CONSULTANT has i. Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at Page 3 of 12 85 CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. This Agreement shall take effect on July 1, 2003 (the "Effective Date "), and shall continue until June 30, 2004, unless earlier terminated pursuant to the provisions hereof. The Agreement may be extended for two additional years at the discretion of the City. 9. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT furnishes proof of insurance as required under Section 25 of this Agreement; and B. CITY gives CONSULTANT a written, signed, and numbered purchase order in addition to a written Notice to Proceed. This Agreement will supersede any conflicting provisions included on the purchase order or notice to proceed issued pursuant to this Agreement. 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. 10. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 11. 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. 12. 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 term, 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. 13. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. 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. Upon receiving a termination notice, CONSULTANT will immediately cease Page 4 of 12 ej86 performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. 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 2(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 14. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non - breaching party may terminate this Agreement. 15. 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. CITY will indemnify and hold CONSULTANT harmless for any use of the work product other than as contemplated by this Agreement. 16. 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 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. 17. INDEMNIFICATION. Page 5 of 12 0 8 A. CONSULTANT agrees to the following: i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, employees and representatives 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, and representatives. 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 25, 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. 18. 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. 19. 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 Page 6 of 12 0 88 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. 20. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement. 21. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits (combined single) $1,000,000 $1,000,000 $1,000,000 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" 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 1185 or 88, or equivalent. 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 Page 7 of 12 089 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 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 pursuant to Section 0. 22. CDBG REQUIREMENTS. During the performance of this Agreement, CONSULTANT agrees to comply with the following federal provisions: A. Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex color or national origin. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of Secretary of Labor. CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records and accounts by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. B. Title VI of the Civil Rights Act of 1964 provides that no person will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program activity receiving federal financial assistance. C. Section 109, Title 1 of the Housing and Community Development Act of 1974 provides that no person in the United States will, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. D. Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of age or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, will also apply to any such program or activity. E. CONSULTANT must also comply with all regulations of the Americans with Page 8of12 +90 Disabilities Act (ADA) of 1990 (42 USC §§ 12101 et. seq.). G. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 USC §§ 1701 et. seq., " Compliance in the Provision of Training, Employment and Business Opportunities requires that the work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC § 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection with the project be awarded to business concerns, which are located in or owned in substantial part by persons residing in the area of the project. The parties of this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR § 135, and all applicable rules and orders of the Department issued thereunder before executing this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. H. Lobbying Certification. CONSULTANT must include the language of this certification in all subcontracts; all subcontractors must certify and disclose accordingly. F. It is understood that each person/entity /firm who applies for a Community Development Commission contract, and as part of that process, must certify that they are familiar with the requirements of Los Angeles County Chapter 2.160 (Los Angeles County Ordinance 93- 0031). Persons /entities /finns acting on behalf of the above named firm must comply with the County Code. Any person/entity /firm seeking a contract with Community Development Commission will be disqualified for such a contract; be denied the contract; be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 23. 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. The consultants listed in Exhibit `B" are hereby approved. 24. 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. 25. 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: Page 9 of 12 091 CITY James Hansen, Director of Community, Economic and Development Services City of El Segundo 350 Main Street El Segundo, CA 90245 Phone: (310) 524 -2300 CONSULTANT Hortense Gordon, R.N. Administrator Southview Home Care Services, Inc. 360 N Sepulveda Blvd., Suite 2030 El Segundo, CA 90245 Phone: (310) 416 -1160 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. hr all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to who notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. 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. 28. 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. 29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets for the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one (1 ) Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 30. 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. Page 10 of 12 0 9;1 31. SEVERABILITY. 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 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. 32. 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. 33. 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. 34. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 35. 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 FOLLOWING PAGE) Page 11 of 12 �9 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO, SOUTHVIEW HOME CARE SERVICES, INC. a municipal corporation. Mike Gordon, Mayor ATTEST: Cindy Mortesen, City Clerk APPROVED AS 'F MARK D. HE By: arl H. Berger, Assistant City) Taxpayer ID No. Page 12 of 12 (i9� EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of a Professional Services Agreement to administer the 2003 -2004 Community Development Block Grant (CDBG) Minor Home Repair and Residential Sound Insulation Projects between the City of El Segundo and LDM Associates, Inc., not to exceed $12,000. Contract period: July 1, 2003 through June 30, 2006. RECOMMENDED COUNCIL ACTION: 1. Approve the Professional Services Agreement with LDM Associates, Inc. and authorize the Mayor to execute said Agreement; or, 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 17, 2002, the City Council approved the 2003 -2004 Community Development Block Grant (CDBG) Program and Budget, including CDBG Minor Home Repair (MHR) and Residential Sound Insulation (RSI) Projects. Each project budget has a total CDBG allocation of $30,000. No General Funds are required. (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Professional Services Agreement FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: ORIGINATED: $12,000 N/A CDBG 111 - 2748 -6214 None _Yes X No M. Hansen, Director of Com ED BY: Economic and Devel DATE: May 27, 2003 Ma Str n , City Manager '3 PAPlanning & Building Safety\ CDBG\ cdbg .ccmtg.mhr.rsi.psa.6.03.03.dw I' ,.J STAFF REPORT: June 3 2003 2 BACKGROUND AND DISCUSSION continued For over ten years, the City of El Segundo has contracted for professional services in the administration and implementation of the CDBG, MHR, and RSI projects. Under CDBG regulations, a maximum of twenty percent (20 %) of a total construction /rehabilitation project budget may be spent on costs associated with professional services directly related to the implementation of a construction project. Thus, $6,000 of the MHR and RSI project budgets respectively may be used to pay for professional services. Since these projects are so similar in scope, one Request for Proposal was issued. The following firms submitted proposals and project assignments: Willdan . Project Manager — Henry Taylor $ 85.00 /hour Associate — Raquel Garcia $ 45.00 /hour Not to exceed $1,875 per loan and $2,000 per grant LDM Senior Vice President — Rudy Munoz Senior Associate -- Esther Portillo $75.00/ hour $65.00 hour Staff recommends retaining the services of LDM Associates, Inc. LDM Associates, Inc., has a consistent and reliable track record, implementing the City's MHR and RSI projects for the past five years. Under LDM Associates, Inc., the City's MHR and RSI projects successfully passed recent monitoring and audit reviews conducted by the Los Angeles County Community Development Commission (CDC). Additionally, LDM Associates, Inc., provide excellent customer service to the residents of El Segundo, meeting client needs throughout all phases of the housing rehabilitation process. Lastly, LDM Associates, Inc., submits timely and accurate progress reports necessary to satisfy CDBG reporting requirements. LDM Associates, Inc. provides services at a competitive rate within the industry and while serving to the City of EI Segundo, stays within its annual CDBG budget allocation. The LDM Associates, Inc., proposal indicates that Ms. Portillo, Senior Associate, will Provide all housing rehabilitation - related tasks. Mr. Munoz will not be on -site. He will be responsible only for contractual and organizational management. The project assignments and delegation of duties proposed by Willdan suggest that both consultants will be required to perform the work that one consultant from LDM Associates, Inc., currently provides to the City of El Segundo. Overall, costs may be higher if two consultants from Willdan are on -site. P:\Planning & Building Safety\ CDBG\ cdbg .ccmtg.mhr.rsi.psa.6.03.03.dm IIQI Agreement No. AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN THE CITY OF EL SEGUNDO AND LDM ASSOCIATES, INC. This AGREEMENT is entered into this first day of July, 2003, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and LDM ASSOCIATES, INC. (CONSULTANT). 1. RECITALS. This Agreement is entered into with reference to the following facts, objectives and understandings between the parties: A. CITY is a recipient of Community Development Block Grant (CDBG) funds through the County of Los Angeles. The CDBG program is funded by the U.S. Department of Housing and Urban Development (HUD) pursuant to Title 1 of the Housing and Community Development Act of 1984 as amended ( "ACT "). B. CITY approved the provisions of federal funds under the ACT to be used to provide professional services required under CITY's Community Development Block Grant Program. 2. 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 at the rate of $75.00 /hour for the Senior Vice President of the firm and $65.00 for the services of the Senior Associate. The total compensation paid by the CITY to CONSULTANT for services rendered from CDBG funds when, if and to the extent received from HUD, shall not exceed 20% of the total annual budget of the Minor Home Repair Project and the Residential Sound Insulation Project, respectively, or approximately $6,000 each annually. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A, which is incorporated by reference. 3. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which are incorporated herein. CONSULTANT will utilize CITY Community Development Block Grant (CDBG) funds to contract for CDBG professional services for a three -year period beginning July 1, 2003 and ending June 30, 2006, Page 1 of 11 0 9'i' and subject to annual review. 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 famished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 4. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 5. DISPUTES AND REMEDIES. A. Claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, must be resolved by the following procedure: City and Consultant will exercise their best efforts to resolve disputes through the development of a consensus. A meeting may be requested by City or Consultant at any time for the purpose of resolving a dispute. A determination by City's Community, Economic and Development Services Director will be made within two (2) weeks after a meeting to resolve the dispute; ii. If unresolved within thirty (30) days, then City's city manager, or designee, will make a final determination; Following the city manager's final determination, the Parties may submit any unresolved matters to non - binding mediation. The parties may, but are not required to be, represented by counsel in mediation. iv. If the Parties do not agree to mediation, or if mediation does not resolve the Parties' dispute, the matter may be pursued in Los Angeles County Superior Court. B. The Parties' rights and remedies under this Agreement are in addition to any other rights and remedies provided by law. 6. PAYMENTS. Upon compliance with specified performance requirements, CITY shall pay CONSULTANT an amount not to exceed $12,000 for the Fiscal Year 2003 -2004, which shall Page 2 of 1 I () Q it constitute full and complete satisfaction of the obligations under this Agreement. Annual compensation is based upon an allocation of both CDBG funds and City funds. Compensation paid in future years shall be based on a portion of the CITY'S annual allocation, if and when CDBG funds are made available to CITY from COUNTY. The parties understand and agree that such reimbursement, if any, shall be conditioned upon receipt of CDBG funds by CITY from COUNTY. Such funds, if any, shall be paid only after development and execution of a Memorandum of Understanding between CITY and COUNTY necessary to implement the project covered by this Agreement, and receipt and approval by CITY of a periodic detailed invoice, and any other program monitoring reports required by CITY, in a form specified by CITY. Payments shall be made by CITY to CONSULTANT in installments pursuant to the following: After services have been rendered by CONSULTANT, a detailed invoice on forms mutually acceptable to both parties shall be submitted to CITY. CITY will then process payment to CONSULTANT and pursue claim for payment from COUNTY, based upon said invoice. Payment will be made to CONSULTANT in the amount of the invoice as approved by CITY and subject to return to CITY should the COUNTY prove unwilling or unable to reimburse CITY for said payment. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that, to the best of CONSULTANT's knowledge and belief, CONSULTANT has i• Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. This Agreement shall take effect on July 1, 2003 (the "Effective Date "), and shall continue until June 30, 2006, unless earlier terminated pursuant to the provisions hereof. 9. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT furnishes proof of insurance as required under Section 25 of this Agreement; and Page 3 of 1 I 099 B. CITY gives CONSULTANT a written, signed, and numbered purchase order in addition to a written Notice to Proceed. This Agreement will supersede any conflicting provisions included on the purchase order or notice to proceed issued pursuant to this Agreement. 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. 10. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 11. 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. 12. 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 term, 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. 13. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. 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. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. 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 Page 4 of 11 100 Section 2(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 14. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non - breaching party may terminate this Agreement. 15. 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 but 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 ri sk. CITY will indemnify and hold CONSULTANT harmless for any use of the work product other than as contemplated d this Agreement. 16. 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 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. 17. INDEMNIFICATION. A. CONSULTANT agrees to the following: ►• Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, employees and representatives 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. Page 5 of 11 101 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, and representatives. 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 25, 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. 18. 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. 19. 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 se ce to rvi be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. AUDIT OF RECORDS. res CONSULTANT will maintain full and accurate records with respect to all services and matt ers covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement. Page 6 of 1 I 102 21. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tempe of Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits (combined sinelel 1,000,000 $1,000,000 $1,000,000 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" 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, or equivalent. 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 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." Page 7ofII 10 3 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 pursuant to Section 13. 22. CDBG REQUIREMENTS. During the performance of this Agreement, CONSULTANT agrees to comply with the following federal provisions: A. Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex color or national origin. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of Secretary of Labor. CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records and accounts by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. B. Title VI of the Civil Rights Act of 1964 provides that no person will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program activity receiving federal financial assistance. C. Section 109, Title 1 of the Housing and Community Development Act of 1974 provides that no person in the United States will, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. D. Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973 Prohibits discrimination on the basis of age or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, will also apply to any such program or activity. E. CONSULTANT must also comply with all regulations of the Americans with Disabilities Act (ADA) of 1990 (42 USC §§ 12101 et. seq.). 1 Section 3 of the Housing and Community Development Act of 1968, as amended, 12 USC §§ 1701 et. seq., " Compliance in the Provision of Training, Employment and Business Opportunities requires that the work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC § 1701u. Section 3 Page 8 of 11 104 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection with the project be awarded to business concerns, which are located in or owned in substantial part by persons residing in the area of the project. The parties of this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR § 135, and all applicable rules and orders of the Department issued thereunder before executing this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. 2. Lobbying Certification. CONSULTANT must include the language of this certification in all subcontracts; all subcontractors must certify and disclose accordingly. F. It is understood that each person/entity /firm who applies for a Community Development Commission contract, and as part of that process, must certify that they are familiar with the requirements of Los Angeles County Chapter 2.160 (Los Angeles County Ordinance 93- 0031). Persons /entities /firms acting on behalf of the above named firm must comply with the County Code. Any person/entity /firm seeking a contract with Community Development Commission will be disqualified for such a contract; be denied the contract; be liable in civil action, if any lobbyist, lobbying fine, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 23. 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. The consultants listed in Exhibit `B" are hereby approved. 24. 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. 25. 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 James Hansen, Director of Community, David Meyer, President LDM Associates, Inc. Economic and Development Services 10722 Arrow Route, Suite 822 City of El Segundo Rancho Cucamonga, CA 91730 350 Main Street Phone: (909) 476 -6006 El Segundo, CA 90245 Facsimile (909) 476 -6086 Phone: (310) 524 -2300 Page 9of11 10� Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to who notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. 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. 28. 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. 29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets for the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one 1 This Agreement will bind and inure to the benefit of the parties to this Agreement any subsequent successors and assigns. 30. 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. 31. SEVERABILITY. 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 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. 32. AUTHORITYIMODIFICATION. 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. 33. 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 Page 10 of 11 I n r, delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 34. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 35. 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. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO, a municipal corporation. Mike Gordon, Mayor ATTEST: Cindy Mortesen, City Clerk APPROVED AS MARK D. HENS M Karl H. Berger, Assistant City � r LDM ASSOCIATES, INC. David Meyer, President Taxpayer ID No. Page 11 of 11 Zo'1 EXHIBIT A SCOPE OF SERVICES Under the Community Development Block Grant Program (CDBG), LDM ASSOCIATES, INC. will perform the following services in conjunction with the City's CDBG Minor Home Repair and Residential Sound Insulation Projects: The Scope of Work shall include but not be limited to the following items: • Marketing the Housing Rehabilitation and Residential Sound Insulation projects to the target population; • Responding to client inquiries for information about the projects; • Accepting applications and determining the eligibility of applicants; • Conducting initial property inspections to determine the extent of rehabilitation work to be performed; • Preparing scopes of work (i.e., work write -ups) to be used by homeowners in obtaining competitive bids from at least three state licensed contractors; • Reviewing bids received with homeowners and verifying contractor eligibility; • Coordinating preparation of loan documents and execution of required documents (for either loans or grants) with homeowners and contractors; • Conducting pre - construction conferences with homeowners and contractors and issuing Notices to Proceed; • Coordinating recordation of loan documents and establishment of escrow accounts; • Ensuring that work is performed in accordance with plans and the City Municipal Code; • Requesting disbursement of payments to contractors upon completion of work and after obtaining homeowner's approval and lien releases from contractors and any subcontractors; • Performing closeout of cases, including recordation of Notices of Completion; • Preparation of all program accounting and other documentation required by Los Angeles County Community Development Commission (CDC); • Coordinate with City staff and gather all necessary documentation required for CDC program monitoring and audit preparation; • Provide, if necessary, CDBG financial management assistance; and, • Provide any other technical assistance required by City staff to include City Council staff reports and possible attendance at City Council meetings and budget hearings. • Provide a staff member to perform consulting services related to the contract, on -site, at EI Segundo City Hall, Department of Community, Economic and Development Services for a minimum of one day per week. The actual hours may vary depending upon the specific demand for project implementation. P:1Planning & Building Safety\ CDBG\ PSAGR\ COBG .PSA.SCOPE.MHR.RSI.03- 04.doc 108 e•rur C` +`P C• 40.4 0 Community Development Commission County of Los Angeles J ; COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION EXHIBIT 23 Name of Firm: Address Date: State:_ Zip Code: Phone No.:�L Acting on behalf of the above named firm, as its Authorized Official, I make the followin g Certification to the County of Los Angeles and the Community Development Commission, County of Los Angeles: 1) It is understood that each Commission contract and as Pcrson/entity/firm who applies for a Community Development requirements of the Los Angeles C County Code Chapter 2.160, 60, (Los Angeles familiar tent $' that they are familiar with the 93 -0031) and; ry Ordinance 2) That all persons /entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person/entity/firm who seeks a Commission shall be disqualified therefrom and dentred them contract an unity Development action, if any lobbyist, lobbying firm, lobbyist employer or any other behalf of the above named firm fails to comply with the provisions of the son o liable in civil Person or entity acting on County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification entering into contract with the Los County and the Community is a Prerequisite County of Los Angeles. Angeles Development for making or Commission, Authorized Official: Title: Date: 1 n u, EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda Consideration and possible action regarding approval of a Professional Services Agreement to administer the 2003 -2004 Community Development Block Grant (CDBG) Program between the City of El Segundo and Tina Gall & Associates for an amount not to exceed $15,900. Contract period: July 1, 2003 through June 30, 2006. RECOMMENDED COUNCIL ACTION: 1. Approve the Professional Services Agreement with Tina Gall & Associates and authorize the Mayor to execute said Agreement; or, 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 17, 2002, the El Segundo City Council approved the 2003 -2004 Community Development Block Grant (CDBG) Program and Budget, including CDBG General Administration. For over ten years, the City of El Segundo has contracted for professional services in the administration and implementation of the CDBG Program. Under CDBG regulations, a maximum of ten percent (10 %) of the City's annual allocation may be spent on the administration of a City's CDBG Program. El Segundo's CDBG annual allocation for the 2003 -2004 Program Year will be $109,202. Thus, approximately $10,900 may be allocated to the general administration and management of the CDBG Program. (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Professional Services Agreement FISCAL IMPACT: Operating Budget: $15,900 Amount Requested: NIA Account Number: CDBG 111- 2779 -6214 Project Phase: None Appropriation Required: _Yes X No ORIGINATED: DATE: May 27, 2003 M. Hansen, Director of Communitv. Economic and DeveloDment Services Mary StrennfIrlity Manager -R-17/j P:\Planning & Building Safety\ CDBG\ cdbg .ccmtg.admin.psa.6.03.03.doc [6J 1.110 STAFF REPORT: June 3, 2003 BACKGROUND AND DISCUSSION (continued) 2 Due to increased CDBG administrative responsibilities including additional HUD reporting requirements, mandatory quarterly CDBG training sessions, and monitoring responsibilities, a General Fund supplement of $5,000 was approved and budgeted by the City Council for a total of $15,900 available to administer the 2003 -2004 CDBG Program. A Request for Proposal to administer the City's CDBG Program was issued. The following firms submitted proposals and project assignments: Willdan Project Manager — Christina Perez Technician — Veronica Holliday Labor Standards Compliance — Virgilio Vita Hourly rates not provided; Proposal states a "not to exceed" amount of $10,920 annually LDM Senior Vice President — Rudy Munoz $75.00/ hour Tina Gall Project Manager — Tina Gall $65.00 /hour Staff reviewed the three proposals and recommends retaining the services of Tina Gall. For the past ten years, Tina Gall has served in the capacity of CDBG Consultant to the City of El Segundo. Overall, Ms. Gall's costs are less than the other firms, and utilizing one consultant to provide CDBG administrative services is preferable to the multi -staff approach proposed by Willdan. Furthermore, Ms. Gall possesses extensive experience in CDBG administration and implementation. She maintains an outstanding reputation both within this city, other cities she currently serves, and with the Los Angeles County Community Development Commission. PAPlanning & Building Saf ety\ CDBG\cdbg.ccmtg.admin.psa.6.03.03.doc I 1 ` Agreement No. AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN THE CITY OF EL SEGUNDO AND TINA GALL AND ASSOCIATES This AGREEMENT is entered into this first day of July, 2003, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and TINA GALL (CONSULTANT). . 1. RECITALS. This Agreement is entered into with reference to the following facts, objectives and understandings between the parties: A. CITY is a recipient of Community Development Block Grant (CDBG) funds through the County of Los Angeles. The CDBG program is funded by the U.S. Department of Housing and Urban Development (HUD) pursuant to Title 1 of the Housing and Community Development Act of 1984 as amended ( "ACT "). B. CITY approved the provisions of federal funds under the ACT to be used to provide professional services required under CITY's Community Development Block Grant Program. 2. 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 an hourly rate of $65.00 per hour for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 3. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which are incorporated herein. CONSULTANT will utilize CITY Community Development Block Grant (CDBG) funds to contract for CDBG Administrative services for a three -year period beginning July 1, 2003 and ending June 30, 2006, and subject to annual review. 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 Page 1 of 11 .iii 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. 4. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be home by CONSULTANT. 5. DISPUTES AND REMEDIES. A. Claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, must be resolved by the following procedure: City and Consultant will exercise their best efforts to resolve disputes through the development of a consensus. A meeting may be requested by City or Consultant at any time for the purpose of resolving a dispute. A determination by City's Community, Economic and Development Services Director will be made within two (2) weeks after a meeting to resolve the dispute; ii. If unresolved within thirty (30) days, then City's city manager, or designee, will make a final determination; iii. Following the city manager's final determination, the Parties may submit any unresolved matters to non - binding mediation. The parties may, but are not required to be, represented by counsel in mediation. iv. If the Parties do not agree to mediation, or if mediation does not resolve the Parties' dispute, the matter may be pursued in Los Angeles County Superior Court. B. The Parties' rights and remedies under this Agreement are in addition to any other rights and remedies provided by law. 6. PAYMENTS. Upon compliance with specified performance requirements, CITY shall pay CONSULTANT an amount not to exceed $15,900 for the Fiscal Year 2003 -2004, which shall constitute full and complete satisfaction of the obligations under this Agreement. Annual compensation is based upon an allocation of both CDBG funds and City funds. Compensation paid in future years shall be based on a portion of the CITY'S annual allocation, if and when CDBG funds are made available to CITY from COUNTY. The parties understand and agree that such reimbursement, if any, shall be conditioned upon receipt of CDBG funds by CITY from COUNTY. Such funds, if any, shall be paid only after development and execution of a Page 2 of 11 113 Memorandum of Understanding between CITY and COUNTY necessary to implement the project covered by this Agreement, and receipt and approval by CITY of a periodic detailed invoice, and any other program monitoring reports required by CITY, in a form specified by CITY. Payments shall be made by CITY to CONSULTANT in installments pursuant to the following: After services have been rendered by CONSULTANT, a detailed invoice on forms mutually acceptable to both parties shall be submitted to CITY. CITY will then process payment to CONSULTANT and pursue claim for payment from COUNTY, based upon said invoice. Payment will be made to CONSULTANT in the amount of the invoice as approved by CITY and subject to return to CITY should the COUNTY prove unwilling or unable to reimburse CITY for said payment. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that, to the best of CONSULTANT's knowledge and belief, CONSULTANT has i. Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. This Agreement shall take effect on July 1, 2003 (the "Effective Date "), and shall continue until June 30, 2004, unless earlier terminated pursuant to the provisions hereof. The Agreement may be extended for two additional years at the discretion of the City. 9. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT finnishes proof of insurance as required under Section 25 of this Agreement; and B. CITY gives CONSULTANT a written, signed, and numbered purchase order in addition to a written Notice to Proceed. This Agreement will supersede any conflicting provisions included on the purchase order or notice to proceed issued pursuant to this Agreement. Page 3 of 11 114 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. 10. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 11. 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. 12. 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 term, 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. 13. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. 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. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. 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 2(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. Page 4 of 11 11 F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 14. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non - breaching party may terminate this Agreement. 15. 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. CITY will indemnify and hold CONSULTANT harmless for any use of the work product other than as contemplated by this Agreement. 16. 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 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. 17. INDEMNIFICATION. A. CONSULTANT agrees to the following: i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, employees and representatives 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 Page 5 of 11 116 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, and representatives. 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 25, 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. 18. 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. 19. 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. 20. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement. 21. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Page 6 of 11 Type of Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits (combined single) $1,000,000 $1,000,000 $1,000,000 $1,000,000 B. Commercial general liability insurance will meet or exceed the requirements of ISO - CGL Form No. CG 00 01 1185 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" 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, or equivalent. 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 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 pursuant to Section 0. Page 7 of 11 118 22. CDBG REQUIREMENTS. During the performance of this Agreement, CONSULTANT agrees to comply with the following federal provisions: A. Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex color or national origin. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of Secretary of Labor. CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records and accounts by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. B. Title VI of the Civil Rights Act of 1964 provides that no person will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program activity receiving federal financial assistance. C. Section 109, Title 1 of the Housing and Community Development Act of 1974 provides that no person in the United States will, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. D. Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of age or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, will also apply to any such program or activity. E. CONSULTANT must also comply with all regulations of the Americans with Disabilities Act (ADA) of 1990 (42 USC §§ 12101 et. seq.). 1 Section 3 of the Housing and Community Development Act of 1968, as amended, 12 USC §§ 1701 et. seq., " Compliance in the Provision of Training, Employment and Business Opportunities requires that the work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC § 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection with the project be awarded to business concerns, which are located in or owned in substantial part by persons residing in the area of the Page 8 of 11 119 project. The parties of this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR § 135, and all applicable rules and orders of the Department issued thereunder before executing this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. 2. Lobbying Certification. CONSULTANT must include the language of this certification in all subcontracts; all subcontractors must certify and disclose accordingly. F. It is understood that each person/entity /firm who applies for a Community Development Commission contract, and as part of that process, must certify that they are familiar with the requirements of Los Angeles County Chapter 2.160 (Los Angeles County Ordinance 93- 0031). Persons /entities /firms acting on behalf of the above named firm must comply with the County Code. Any person/entity /firm seeking a contract with Community Development Commission will be disqualified for such a contract; be denied the contract; be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 23. 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. The consultants listed in Exhibit `B" are hereby approved. 24. 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. 25. 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 James Hansen, Director of Community, Tina Gall, Principal Economic and Development Services 3945 Hollyline Avenue City of El Segundo Sherman Oaks, California 91423 350 Main Street Phone: (818) 205 -9878 El Segundo, CA 90245 Facsimile (818) 205 -9892 Phone: (310) 524 -2300 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 Page 9 of 11 120 actual delivery. Changes may be made in the names or addresses of persons to who notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. 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. 28. 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. 29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets for the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one (1 ) Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 30. 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. 31. SEVERABILITY. 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 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. 32. 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. 33. 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. Page 10 of 11 121 34. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 35. 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. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO, TINA GALL, a municipal corporation. an Individual. Mike Gordon, Mayor ATTEST: Cindy Mortesen, City Clerk APPROVED AS MARK D. HENS LE Karl H. Berger, Assistant City) L Tina Gall, Principal Taxpayer ID No. Page 11 of 11 12 �' EXHIBIT A SCOPE OF SERVICES Tina Gall will provide professional Community Development Block Grant (CDBG) consulting services for program administration, implementation and monitoring. The proposed CDBG services to be offered are as follows: • Provide technical assistance for the administration and implementation of the City of El Segundo's CDBG projects and activities; • Prepare Memorandums of Understanding with the Los Angeles County Community Development Commission (CDC) including project descriptions and budgets; • Prepare and process amendments to Memorandums of Understanding for continuing projects; • Prepare and publish public hearing notices for citizen comment on all proposed CDBG projects and allocation of funds; • Coordinate and provide technical support and audit preparation for all programmatic monitoring conducted by the Community Development Commission, and draft responses to any monitoring findings or concerns, including corrective action plans, if necessary. Consultant will develop and maintain all necessary documentation for the Single Audit Act, if applicable; • Conduct CDBG programmatic and financial monitoring of all subrecipients; • Prepare and complete Community Development Commission reports and documents including, but not limited to, the quarterly Comprehensive Performance Report, Contractor /Subcontractor Activity Report, and labor standards report; • Prepare staff reports for City Council review and approval of CDBG projects and budgets; and attend City Council meetings, as necessary; • Assist City staff in the preparation of Request for Proposals for professional services funded under the CDBG Program, to ensure compliance with all federal procurement standards and guidelines; Provide CDBG financial management assistance, including preparation of all reimbursable funding requisitions. This will include monthly review of the City's revenue and expenditure reports and general ledger detail to ensure consistency with CDBG annual project budgets, and maintenance of all 12 i financial documentation of CDBG expenditures including invoices, warrants, timesheets, etc; • Davis -Bacon and Section 3 Monitoring for contract compliance for CDBG- funded construction projects may be offered as part of project - related activities; • Represent the City and act as liaison to the Community Development Commission; Ensure compliance with all applicable federal, state and local laws and policies including maintaining current files of CDBG regulations and handbooks, circulating relevant CDBG information and policy changes with all CDBG- funded subrecipients, and attendance at all CDC - mandated CDBG training workshops and /or, meetings; Provide on -site services at El Segundo City Hall, Department of Community, Economic and Development Services, at least one day per week; • Attend, when necessary, El Segundo City Council meetings, or other related meetings upon request. PAPlanning R Building Safety \CDBG\ CONTRACT\ ADMIN \cdbg.contract.admin.exhibit A.Gall.03.doc 2 0 �_ 1 EXHIBIT 23 Community Development Commission County of Los Angeles COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION Name of Firm: Date: Address State: Zip Code: Phone No.: ( ) Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the County of Los Angeles and the Community Development Commission, County of Los Angeles: 1) It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93- 0031)and; 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person/entity /firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with -the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official: Name- Title: Signature: Date: 12 ��_ EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of a $230,000 professional services agreement with CBM Consulting, Inc. (CBM) to provide construction management services as related to the new Community Center project. RECOMMENDED COUNCIL ACTION: Approve a professional services agreement in a form approved by the City Attorney with CBM Consulting, Inc. for construction management services; Authorize the City Manager to a execute professional services agreement on behalf of the City; Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On April 1, 2003 City Council approved the release of a Request for Proposals (RFP) for construction management services for the new Community Center project. Ten firms responded to the RFP. Six of the firms were invited for presentations and interviews with staff. CBM was selected for their experience, fees, scope of work, and references. Jim Nies of CBM will serve as the onsite construction manager. Jim has many years of experience and has recently completed managing the construction of the new 911 center for the City of Long Beach. The Community Center project budget includes $230,000 for a construction manager, therefore no appropriation is required. ATTACHED SUPPORTING DOCUMENTS: Scope of Work FISCAL IMPACT: Operating Budget: $7,138,400 (Includes funding in FY 2002 -2003 of $500,000) Amount Requested: $230,000 Account Number: 301 - 400 - 8202 -8490 Project Phase: Design, Construction, and Closeout Appropriation Required: Yes X No ORIGINATED BY: DATE: �_ 6J, �r.as _5_1—c) 7143 Jaces Pansen, Director of Community, Economic and Development Services REVIEWED BY: DATE: �., Mary Str City Manager �f/0/3 0111 12 tJ SCOPE OF WORK Project Tasks: Task 1 - General Project Administration 1. Assist the CITY in reviewing and analyzing all schematic, design, construction documents and specifications for accuracy. CBM will assist the CITY in reviewing and analyzing schematic, design, construction documents and specifications for accuracy. CBM will maintain control of the design submittal and review process, compile reviewer comments and track comments through resolution using a design punch list. CBM will identify conflicts between or within plans, specifications, City bid documents and /or standard specifications. CBM will provide recommendations for prudent contractual provisions to identify Contractor responsibilities and to minimize exposure to claims. During the design phase, CBM will prepare a detailed project cost estimate at the 50% construction documents phase. The cost estimate will be updated at the 90% construction documents phase. CBM will coordinate and make recommendations for cost savings measures for potential budget impacts. 2. Assist the CITY in the Bid Process. PRE -BID CONFERENCE At a minimum, CBM will assist the city in coordinating, and will attend the pre -bid conference and provide comments and recommendations for issuing minutes and or an addendum to document the conference. CBM will coordinate and conduct the pre -bid conference and prepare the agenda and minutes. The conference will include a 'job walk tour of the work area. Key provisions of the project, including deadlines for substitutions, safety requirements, phasing requirements, site constraints, etc. will be highlighted at the pre -bid conference. Pre -bid minutes will be included with the addendum following the pre -bid meeting such that all meeting items and discussions are disclosed in the bid documents. CBM will prepare addenda resulting from questions and clarifications raised at the pre -bid conference and /or as a result of bidder questions up to the deadline for transmitting questions. EVALUATE BIDS AND RECOMMENDED AWARD CBM will review bids received and offer comments and recommendations to the City for award and /or rejection of bidders. CBM will prepare detailed bid tabulation, assist in review of bids for conformance to requirements, perform reference checks on apparent low bidder(s) to ensure their declarations are true and that the bidder(s) are suitable for this project, contact the licensing board, review of possible combinations of additive alternates and unit cost extensions and draft the staff report to City Council for recommendation for award and / or rejection of bids, for review by the appropriate City departments. 3. Provide a written response on Consultant letterhead to each "Request For Information" (RFI), and to each "Change Order Request" (COR), submitted by contractors. CBM Consulting, Inc. 1 4 Upon receipt, CBM will log, distribute and respond to each Request for Information (RFI) and Change Order Request (COR) as required, using CBM letterhead. It is anticipated that most will be handled upon receipt. However, in the event that input and / or concurrence are needed from the design engineer the City staff, the CM will expedite a timely resolution. CBM will identify potential impacts to cost or time that may result due to issues identified in RFIs, with recommended alternatives or solutions to mitigate or eliminate the potential impacts. 4. Prepare and issue work addenda and /or specification clarifications to contractors, as needed to complete all project work. CBM will work pro - actively with the Contractor, City and architect/engineer to identify, issue field directives and coordinate implementation of addenda, design notices and or other clarifying documents. 5. Participate in pre- construction conferences, and conduct weekly construction Progress meetings with all involved parties (or as directed by CITY). PRECONSTRUCTION CONFERENCE CBM will coordinate and conduct the Pre - Construction Meeting including notification to contractor, utility agencies, golf course representatives and other stakeholders, and prepare the meeting agenda and minutes. The agenda and minutes will include the following items, at a minimum: • Introductions of key personnel • City responsibilities • Safety • Project Overview • Confirmation of fully- executed Contract Documents and Notice to Proceed • Establishment of Contract Time and Completion Date • Review of Working Day definition and holiday schedule • Common overall project goals will be identified • Chain of communication & key contacts • Public Relations • The scope will be discussed and clearly defined • Critical design elements, schedule and cost factors will be discussed • Experience and key roles in the project will be discussed • Past project experiences will be discussed to identify potential pitfalls • Jurisdictional agencies and the Contractor • Discussion of Master Schedule • Sub - contracts • Integration of utility coordination activities into schedule • Documentation and tracking controls • Change order procedures • Scope, schedule and cost change administration, notification requirements & controls • Submittal and RFI Process • Identify long lead and any substitution and or -equal items • Inspection & Testing — review call -out requirements and deputy /special inspection & testing requirements • Review survey for consistency with the design • Progress payment procedures • Labor compliance • Rights -of -way • Easements and special access considerations • Placement of signs • Questions and answers • Action item assignments CBM considers the pre- construction meeting as progress meeting #1. All items discussed are designated as "open" or "closed ". All open items are carried forward to subsequent progress meetings until, resolved and closed. Action items are assigned a specific responsible party and a deadline for resolution. Each progress meeting is clearly minuted and distributed to all attendees and affected coordination parties. CBM will also conduct all site meetings. Pre - construction meeting and site meeting minutes will be distributed via fax and / or email to meeting participants and to courtesy recipients identified by the City. CONSTRUCTION MEETINGS Schedule and Conduct Field Meetings - The following meetings will be held on site: Periodic Progress Meetings with agencies, design team and inspection staff to discuss all data included in the monthly progress reports and focus on the following items: • Progress during the period • Major decisions made • Planned vs. actual schedule • Upcoming work schedule • Current or unresolved problems • Anticipated or pending change orders • Impacts of problems or change orders on schedule and budget • Discussion of new goals • Planned vs. actual budget analysis • Scheduled concurrent with a weekly meeting to save time and cost Weekly Progress Meetings will be mandatory for the Contractor and inspection staff, and optional or on an as needed basis for Downey and design team staff. All parti _ es are always invited to attend in person or via remote. Meeting minutes are distributed s all team members whether in attendance or not. Discussions will focus on the following items: • Contractor's detailed 4 week look -ahead schedule • Progress and major decisions during the last week • Update of unresolved items from previous meetings • Status of submittals and change orders Special Meetings will be scheduled as needed to discuss important issues or which require detailed discussion or review of plans and specifications. These meetings will follow the weekly meeting to reduce trips, if issues are not urgent. 6. Prepare and issue all project "Change Orders" (CO) on an as- needed basis, and as directed by City Representative. CHANGE ORDER CONTROL CBM will maintain a Trend Log, listing potential changes as identified, either formally or informally. This Trend Log shall be used such that potential change items are not overlooked or deferred until the end of the job. CBM will establish, implement and coordinate systems for processing all contract change orders. Each issue which is identified as a potential change to the design, scope, cost or contract time will generate change notice. CBM will determine whether or not a change notice should be considered. The plans and specifications will be reviewed against the change notice. If the issue does not appear to be included in the plans or specifications, a Request for Proposal (RFP) will be sent to the Contractor. Any credits for work deleted as a result of the change will be required at this time as well. The contractor's response to the RFP will be evaluated for reasonableness and completeness. CBM will prepare independent cost estimates as required for contract change orders. CBM will review and verify all Contractor cost proposals. When negotiation cannot resolve differences of opinion regarding the cost of extra work, the Consultant will oversee the work on a force - account basis. Upon approval by the City, CBM will prepare, log and process change orders for full execution, and administer their implementation. Once fully executed, CBM will review the timely completion of the work and coordinate inclusion of the change order in the appropriate payment application. 7. Evaluate reasonableness of proposed construction schedules and make recommendations to CITY. As noted above. CBM will recommend time tested language for incorporation into the bid documents to establish useful and fair scheduling requirements to keep a proactive look -ahead tool for the project. Additionally these requirements will include provisions to establish clear procedures for addressing only legitimate impacts to project time, thereby minimizing the need for delay related change orders, disputes and their resulting costs. CBM will review the initial contractor's CPM schedule for conformance with the specifications and specifically to note that the Contractor has properly utilized available contract time, logically included long -lead items, critical inspection milestones, City responsibility tasks, provisions for inclement weather allowances, and identified the available float in the schedule. Each update will be reviewed for progress and any revisions made by the contractor. Only approved uses of project float will be allowed. Recovery schedules will be required from the contractor should the schedule be delayed beyond specified thresholds. 8. Coordinate construction work with each Governmental Agency holding jurisdiction over the performance of this construction project. CBM will establish a permit and inspection checklist during the design phase. Agencies having jurisdiction 30 (Ahjs), their requirements and permits will be included in the bid documents. The AHJs will be invited to the pre -bid and preconstruction meetings, and their representatives will remain on the project meeting distribution list and receive minutes until they have signed off on the project. CBM will utilize the checklist to review the Contractor's schedule and to track that all AHJs have signed off on the project at the appropriate interval. 9. As the Construction Manager for the Project, CBM will coordinate on -site construction activity to achieve project milestone dates, and to ensure that project goals are attained. 10. CBM will adhere to accepted industry and CITY standards for all work. Task 2 - Construction Observation and Administration Beginning with approval of construction documents and ending with the filing of a Notice of Completion, CBM will perform the following: 1. Be a representative of the CITY during construction. CBM will serve as a representative of the City of El Segundo during the construction of the Community Center. To this end, CBM will take ownership of the Project as if the money spent is coming out of our own pocket. 2. Prepare and maintain Construction Schedules and Cost Estimates as needed to complete all project work, and as directed by CITY. SCHEDULE CONTROL CBM will compile and update a master schedule during the design phase. Just prior to advertising, the master schedule will be finalized and the shortest feasible duration will be established as the Contract Time for the bid documents. During the progress of construction, CBM will compare the Contractor's schedule to the master schedule, note any shortcomings and monitor and track corrections by the Contractor to keep the Project schedule on track. COST ESTIMATES During the design phase, CBM will prepare a detailed project cost estimate at the 50% construction documents phase. The cost estimate will be updated at the 90% construction documents phase. CBM will coordinate and make recommendations for cost savings measures for potential budget impacts. During the progress of construction, CBM will review cost estimates submitted by the Contractor and compile its own cost estimate for purported extra work and / or requested changes. CBM will utilize both industry standard estimating manuals and unit pricing from recent projects to verify that only reasonable costs are utilized on the Project. C] Perform daily on -site observations to verify construction progress and to verify that all work conforms to contract requirements. At a minimum, CBM will perform periodic observations as required for the progress of the work to determine that the work is in conformance with the plans and specifications. The Construction Manager will make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. CBM's will reject work that does not conform to the requirements of the contract documents (Subject to review by the City). Rejected work will be thoroughly documented, photographed, and tracked until repaired or replaced to the satisfaction of the CM, the Architect and the City. 4. Keep the CITY informed of all construction problems and guard against defects and deficiencies in the work of the contractors. CBM'S proactive approach serves to anticipate and expeditiously resolve field problems. Our team is well trained in problem solving. All issues are processed with a sense of urgency and presented to the City with suggested alternatives, cost and schedule impacts and recommended solutions. CBM will quickly implement the alternative which suits the best interests of the project and the City of El Segundo. 5. Create and maintain a chronological log of all project correspondence, submittals and memoranda (to include all RFI's and Change Orders). Primavera Systems SuretraO (or MS Projecto) Expedition® and customized MS Office® applications are proposed as the main CM software for the project. CBM has already developed customized forms, reports database structure, and work breakdown structure, well suited for public building projects. We will adapt our system to the specific needs of the project, to monitor, track and control the project. The table below details the systems to be used and the frequency of updates for the related processes & documents. laster Project Schedule Week Look Ahead Schedule Correspondence Backup & Retrieval 7 Minutes Project Budget Progress Payment Change Order Processing Time & Material Work Daily Diary Contract Time / Weekly Statement of ..Working Days SWPP / BMP Compliance Public Relations Inquiries As -built Drawings Photo & Video Progress Reports Project Contacts MS Project or Primavera MS Project or Primavera Expedition Logged & Scanned �xpvuluon Each meeting MSExcel Logs and /or Expedition Monthly MSExcel, and Expedition Monthly Microsoft Excel T &M Logs Daily Field forms and Expedition Daily 'MSExcel Form & Expedition Meeting Minutes Weekly MSExcel Form or Expedition Weekly Expedition Punchlist Continuously until Expedition Logged resolved Monthly ImageXS Daily / As- needed MS Publisher Or Website Monthly / periodic as n All documentation will be scanned, digitally stored on CBM's computer system, and linked to appropriate modules and issues in the contract administration database. This will facilitate easy distribution as required to the Project stakeholders by email. 6. Create and maintain a chronological log of all project Quality Control and Assurance records. CBM will coordinate QA/QC and Inspection Activities on a daily basis and review activities as they happen, to make sure that QA/QC procedures are followed and deficiencies are resolved in a timely and efficient manner. The CM will maintain a chronological log of all records. 7. Create and maintain a chronological file of all performed "Daily Observations" (attach observations and findings to each filed daily report). CBM will compile and submit periodic Observation reports as required to monitor and track the progress of work. . Observation reports will include a log containing a record of weather, contractor's work on the site, number of workers, work accomplished, problems encountered, other relevant data, and photographic records. The log will be made available to the City. Daily reports with the information noted in the City's RFP are standard for CBM's Construction Management operations. 8. Review all shop drawings and submittals for compliance with construction documents within ten (10) days of receipt. Approvals and rejections are to be documented and forwarded to CITY accompanied by a formal "Letter of Transmittal" from Consultant. CBM will compile a comprehensive submittal log prior to bid. The submittal log will be transmitted to the contractor at the preconstruction conference and CBM will track all correspondence and submittals on this project. CBM will receive all Contractor submittals and review them for completeness and general conformance with the contract documents, expedite review by the architect and the City and return submittals to the contractor. CBM will maintain the project submittal log (developed by CBM during the design phase. Additionally, CBM will recommend key contractual requirements for the Contractor to clearly indicate submittal processing requirements in the project schedule. Submittal comments will be monitored to identify potential impacts to quality, cost or schedule, with recommended alternatives and /or solutions. CBM will track submittals throughout the project to ensure timely response in order to avoid Contractor claims for delay. All Submittals will be expedited utilizing electronic delivery whenever possible (if the digital document controls option is selected by the city, except for shop drawings, large format documents, etc.). . 9. Maintain original construction plans, specifications and material submittal documents. Upgrade and revise original construction plans and specifications to reflect "As- Built" conditions, and submit one reproducible set to CITY within thirty days of project completion. CBM will keep its own set of as -built plans which will note the location of subsurface utilities encountered and / or installed, identify where any design or field changes were required (utilizing the corresponding RFI and / or change order numbers) and note the location of critical building components that are covered by finish work. CBM will periodically review the Contractor's as -built updates on the approved job plan set, identify missing items and require the Contractor to keep as -built records up to date throughout the project. At the end of the project the final as -built plans (with reconciled CBM and Contractor notations) are submitted the City within thirty days of construction completion. 10. Ensure that tests and inspections required per construction documents, construction codes, and Jurisdictional Agencies, are successfully completed. CBM will implement established procedures for testing and inspection required per the construction documents. CBM will monitor testing services, track documentation and record testing results in weekly construction progress meetings. When necessary, CBM will require and track that corrective measures are implemented and re- inspected to verify acceptable completion. 11. Monitor and verify excavation and transportation of the Class 3 landfill or other designated area. CBM will observe excavation and export operations, obtain truck and landfill tickets, and compile and track a quantity log of "as exported" materials. 12.Verify that all mitigation measures are incorporated into the design of the project. CBM will compile a summary of mitigation measures required by entitlement documents and permits for inclusion with the bid documents. Whenever appropriate, CBM will recommend inclusion of certain mitigations on the plans. CBM will utilize the summary of mitigations as a checklist throughout the project to verify that mitigations are implemented as required. 13-Assist the CITY in the Close -Out of the project with punch list coordination, as- builts, warranty, and occupancy PROJECT CLOSEOUT The Construction Manager will perform the final job walk and prepare the punchlist (deficiency list). CBM will coordinate and observe completion of required corrections. Should the Contractor lag on a portion of the completion of project work, CBM will estimate the value of the incomplete items and recommend specific retainage in accordance with the contract to preserve the City's interest. If necessary, a change order will be recommended for approval for completion of the remaining work such that the City may file the notice of completion and start the time after which stop notices and /or claims are no longer valid. All corrections must be made before CBM recommends processing of the "Notice of Completion ". CBM is noted for our attention to detail. Not only have we excelled at closing out our own projects, but we have been requested to and successfully closed out problem client projects where our services were not initially utilized. Upon completion of the punchlist and final sign off by all project stakeholders, CBM will make recommendation to City regarding Contractors final progress payment request and prepare final progress payment report for submission to City. l3K EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: June 3, 2003 AGENDA HEADING: Consent Agenda Consideration and possible action to approve cost sharing agreement between the Cities of El Segundo and Manhattan Beach for Rosecrans Avenue Improvements between Sepulveda Boulevard and Highland Avenue — (estimated cost = $250,000). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve cost sharing agreement; (2) Authorize the City Manager to execute the agreement on behalf of the City; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: (Background and discussion begins on the next page............) ATTACHED SUPPORTING DOCUMENTS: Cost sharing agreement with location map. FISCAL IMPACT: $250,000 from Proposition "C" local return revenues Capital Improvement Program Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATED BY: Nira. To be budgeted $250,000 To be assigned Design and construction Yes — From Proposition "C' revenues DATE: May 23, 2003 Andres Santamaria, Director of Public Works REVIEWED BY: /J r, DATE: Strenn 0711V.? 200N603- Approve Log Sbannp TpreemeM b.dag El Segundo and Manhatlan Beacb b. Roseaans Aronue ImprocemeM bga.Sapulwba Boulgvgd and HYhland Avenue 11 BACKGROUND & DISCUSSION: The Cities of Manhattan Beach and El Segundo had jointly requested Los Angeles County Supervisor Don Knabe of the 4`h District to participate in an estimated $1 million project to improve Rosecrans Avenue between Sepulveda Boulevard and Highland Avenue, which falls within the boundaries of both Cities. In response, Supervisor Knabe has offered a County contribution of $500,000 with the understanding that the two (2) Cities contribute $250,000 each. The scope of work includes pavement rehabilitation and new irrigation and landscaping within the median islands. Manhattan Beach has agreed to be the lead agency for project design and construction. Based on the scope of work in each jurisdiction, El Segundo's share is 44% of the project costs and Manhattan Beach's share is 56 %. The enclosed cost sharing agreement has been drafted by Manhattan Beach and approved as to form by the City Attorney. The agreement commits the City for an initial payment of $250,000 to be reconciled after project completion based on final project costs. The agreement also provides for City Council approval if construction bids indicate additional funds are required to proceed with the project construction. El Segundo's payment is proposed to be made from County Proposition "C" local return revenues. 30000800 —Appmw COM ShatlnB A9.dn1 l EaMadd El Bgrynd. and ManhaRan BeacMOr Reaecrana A. d IMPMv Mena baMaen Sepulvada Bpulev W and Hypland Avenue 13 6a Agreement No, AGREEMENT FOR COST SHARING BETWEEN THE CITY OF EL SEGUNDO AND THE CITY OF MANHATTAN BEACH THIS AGREEMENT is entered into this day of 2 by and between the CITY OF EL SEGUNDO (`DEL SEGUNDO") and the CITY OF MANHATTAN BEACH ( "MANHATTAN BEACH "). 1. RECITALS. This Agreement is entered into with reference to the following facts and objectives: A. MANHATTAN BEACH and EL SEGUNDO are working with the Los Angeles County Public Works Department to develop a project for resurfacing Rosecrans Avenue from Highland Avenue to Sepulveda Boulevard ( "Project "). Rosecrans Avenue consists of three lanes westbound and two lanes eastbound with parking lanes, curbs, gutters, and a raised median. The Project would intersect the jurisdictional boundaries of both Parties. B. The purpose of this Agreement is to provide for cost sharing between the Parties of all necessary and reasonable expenses relating to the preparation of plans and specifications, geotechnical and material investigations, public works bids and contract documents and construction costs for the Project. 2. ALLOCATION OF COSTS A. MANHATTAN BEACH agrees that it will, without limitation, cause all plans and specifications to be prepared for the Project and advertise and administer the construction contract. MANHATTAN BEACH will be the lead agency for any environmental review needed for the Project and for making progress payments to its design consultant and construction contractor. B. Such plans and specifications should include, at a minimum, the following: i. Recommendations on removing and restoring curb, gutter, and sidewalks within the Project area; ii. Resurfacing /reconstructing Rosecrans Avenue; A traffic detour and striping plan; iv. Bus pads at the location of all existing bus stops within the limits of construction; Page 2 of 4 V. Renovation of the medians including, without limitation, landscaping and irrigation plans; vi. Preliminary and final construction cost estimates. MANHATTAN BEACH will submit plans and specifications for review by EL SEGUNDO and incorporate EL SEGUNDO'S comments for work within its City limits prior to advertising the project for construction bids. It is understood that the total project cost including design, construction and construction management is budgeted for $1,000,000. The County's share is $500,000 and the two Cities will contribute $250,000 each. If the construction bid amounts exceed this budgeted amount, each city shall have the opportunity to review the bid results and approve or deny the needed additional amounts prior to contract award. The County's share in the amount of $500,000.00 will be applied to the project costs first; after it has been exhausted then the Cities will contribute their shares of the construction cost using the same ratio as that detailed in Exhibit "A ". EL SEGUNDO agrees to pay MANHATTAN BEACH, upon execution of this Agreement and within thirty calendar days of receipt of the bid result, its share of $250,000. Each City shall be solely responsible for the review and approval or denial of any change order within its own city limits. Each city shall approve or deny such change order within 5 working days from the date submitted by the contractor. EL SEGUNDO agrees to pay MANHATTAN BEACH the cost of any change order work approved by E1 Segundo within 40 calendar days after project acceptance and a final cost report furnished by Manhattan Beach. In the event a change order results in a delay claim brought on by the contractor, each city agrees to be responsible for that delay claim. 3. NO ADDITIONAL COST - SHARING IMPLIED. The Parties agree that the payment of the amounts described above does not imply the existence of a partnership, joint venture or similar joint enterprise, and the fact that the parties have chosen to share expenses for the Project neither creates, evidences nor implies any obligation to expend or share any future expenses related to the Project except as otherwise specifically provided in this Agreement. 4. FUTURE COST SHARING AGREEMENT. Manhattan Beach hereby agrees that it will enter into a similar cost sharing agreement with E1 Segundo to implement a future roadway and median landscaping project proposed by E1 Segundo for Rosecrans Avenue east of Sepulveda Boulevard within the city limits of both cities. 13 8 Page 3 of 4 5. COPIES OF DOCUMENTS. Copies of all documents, data, studies, drawings, maps, models, photographs and reports including, without limitation, record drawings, prepared by or on behalf of MANHATTAN BEACH under this Agreement will be provided to EL SEGUNDO. 6. NOTICES. All communication to either party by the other party will be deemed made when received by such party at its respective name and address as follows: EL SEGUNDO Director of Public Works City of E1 Segundo 350 Main Street E1 Segundo, CA 90245 Fax: 310/640.0489 MANHATTAN BEACH Director of Public Works City of Manhattan Beach 1400 Highland Avenue Manhattan Beach, CA 90266 Fax: 310/802.5301 Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 7. 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. 8. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties. There are no other understandings, terms, or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 9. 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. 10. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 11. 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 J. 3,() Page 4 of 4 in the actions described herein. This Agreement may be modified by written amendment. CITY'S city manager may execute any such amendment on behalf of CITY. 12. 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 respect as having the same effect as an original signature. 13. INDEMNIFICATION. Each of the Cities shall indemnify, defend and hold harmless each other, and each other's agents, officers and employees, from and against any and all liability, expense, damage, injury, cause of action or judgment arising from or connected with the indemnifying city's wrongful or negligent actions or omissions in connection with its performance under this Agreement. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Mary Strenn City Manager ATTEST: Cindy Mortesen City Clerk APPROVED Mark D. By: �11� /'/ Assis ,y Attorney ty Attorney CITY OF MANHATTAN BEACH Geoff Dolan City Manager ATTEST: Liza Tamura City Clerk APPROVED AS TO ROnert V. Wad City Attorney 14 () D 0 - = n r/ � y I N TTI n O D = �'I D 4 Nisln FL�� - e4. o a w.N city BeImND2arQ �� 1 EST i[ xIL R i ST. a aT\ HIILCREST ST I _ i C E LOMA ❑ L 0x1 WRITING ST ' m VISTL MALLET ST " I` XIT a BBB ® ❑�� P VIRGINIA AT RICHMOND ST e ®BB ❑III�r n ONX, H J GN u i^ J MAIN O ST e BaB= � PL O y y Y.IM ST r ul W a p w STIND.RD ET =1=3 P[PP N T n W EyyEe� APEX/. 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UO AS i �I ` D ♦ y 5i q NBH f E z 9 O AVIATION EOSI CITY OVNBO m J HORNET ' ITT m� y -0bo �F n`l9 �' J mr_AJ I11 II 11 1 I�I II EG BLVm D`\ ISIS AVE. 6 C: aI& 6 6 6 I; G; 5 r N9 I I O C LA CIENEDA N O = m m SAN DI E00 'BLVD. j D m CITY OF HAWTHORNE FWY. Z -I LOS ANGELES COLINTTI r TO y , ID GI N 141 EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding approval of the release of the City of El Segundo's portion ($9,509) of the Juvenile Accountability Incentive Block Grant (JAIBG) to the Los Angeles County District Attorney's Office. (1) Approve the release of the JAIBG funds. (2) Authorize the City Manager to sign the waiver authorizing the Office of Criminal Justice Planning, to transfer award funds, allocated under the JAIBG 2003, to the Los Angeles County District Attorney's Office. (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Office of Criminal Justice Planning is entering the fifth annual application period for the Juvenile Accountability Incentive Block Grant (JAIBG). The 2003 -2004 allocation to the City of El Segundo is $8,058. The past four years, the City of El Segundo has released our portion of the JAIBG to the District Attorney to fund personnel and prosecution programs aimed at juvenile prosecution and intervention. The District Attorney is again requesting we consolidate our funds with those of local agencies in our surrounding area to create a coalition. These funds will be used in programs that will specifically benefit the City of El Segundo as well as our neighboring police agencies. Continued on next page ATTACHED SUPPORTING DOCUMENTS: Waiver of direct sub grant from City of Segundo Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: _yes x No Mary�Manager 94pO3 IM •) A n BACKGROUND & DISCUSSION (continued): For the past four years, the District Attorney's Office has utilized its share of Los Angeles County's JAIBG funds to place one senior Grade IV deputy district attorney in each of the county's juvenile court offices to enhance prosecution efforts. In addition, the funds are used to support four prosecution programs they select: HEAT (Heightened Enforcement and Targeting, a juvenile gang prosecution program); the 707 prosecution program focused on serious, violent juvenile offenders; ACT (Abolish Chronic Truancy); and JOIN (Juvenile Offender Intervention Network), a diversion program for first -time, non - violent juvenile offenders. The programs at the local District Attorney's Office in Inglewood and Torrance benefit greatly from these funds because it allows the South Bay cities to pool their money and meet the needs of the South Bay. The JAIBG programs administered by the DA's office have proven successful in not only the South Bay but in Los Angeles County as a whole. Since September of 1999, when the HEAT program first went on -line, the Deputy District Attorney in Inglewood has successfully prosecuted numerous cases. While these were not directly related to El Segundo, we do benefit from these convictions by participating in a combined effort to address criminal activity proactively before it affects the residents of El Segundo. RECOMMENDATION It is recommended that we continue to participate in the Los Angeles County District Attorney's Office juvenile prosecution /intervention programs, and release our portion of the JAIBG to them. Reducing juvenile crime by sharing our resources in a regional approach would be far more effective than the efforts we, as an individual agency, could accomplish. 1.4? I JAIBG 2003 WAIVER OF DIRECT SUBGRANT AWARD FROM UNIT OF LOCAL GOVERNMENT the legally authorized administrative officer (City Manager /City Administrator) of of waiving unit of local government) authorize the State of California, Office of Criminal Justice Planning, to transfer award funds allocated under the Juvenile Accountability Incentive Block Grant (JAIBG) 2003, in the amount of $ 8,058 to THE LOS ANGELES COUNTY DISTRICT ATTORNEY'S OFFICE (see attached letter) Authorized Official's Signature Authorized Official's Typed Name Mary Strenn Authorized Official's Typed Title City Manager Date Executed Waiving Unit of Local Government Official Seal or Notary Stamp is required below: 144 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 3, 2003 AGENDA DESCRIPTION: AGENDA HEADING: Consent Consideration and possible action on the purchase and installation of a ballistic material to replace the counter windows in the police department lobby. Purchase and installation will come from grant funds and shall not exceed $10,000. (1) Approve the purchase and installation of the ballistic material by Defense Technologies. (2) Appropriate and approve the use of funds from the California Law Enforcement Equipment Program grant (3) Alternatively discuss and take other action related to this item. Currently, the police department counter area in the lobby is constructed of a Formica material with glass panels along the top. There are two small doors that a desk officer can open in order to have face -to -face contact with an individual. Currently, this material is not ballistic and it is constructed of a lightweight material that cannot be secured. Since the lobby area is open 24 -hours a day, there are times when desk personnel must work alone or must work in other parts of the station. It is not possible to properly secure the area when records and jail personnel have to leave the area to perform duties elsewhere. The proposed material would allow the area to be properly secured. Continued on next page ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $100,000 Amount Requested: $10,000 Account Number: 001 - 400 - 3101 -8104 (CLEEP grant) Project Phase: NSA Appropriation Required: —x Yes — No Mary Sgefin, City Manager °.! 13 1.45 BACKGROUND & DISCUSSION continued : Staff contacted and obtained quotations from three companies that pertorm this type of work. They are listed as follows: 1. Defense Technologies $9,100 (This is for the installation of a polycarbonate material, which is extremely light. They recently completed work at the Torrance Police Department and Santa Monica Police Department) 2. Active Glass Company $10,820 3. Pacific Bulletproof Co. $14,445 The installation by Defense Technologies would include the removal /disposal of the old glass and modification of the existing frames to accept level 3 polycarbonate windows with polished edges, and two stainless steel deal trays installed flush into existing counter. This material is a state -of- the -art material that is very light, which allows for the installation of two doors to allow face -to -face interaction. The other companies only offer a glass installation. The proposed funds would be from the California Law Enforcement Equipment Program grant. The main provision of the grant indicates that funds shall be used for purchase of high - technology equipment. This equipment falls within that provision. RECOMMENDATION It is recommended the police department purchase and install the equipment using newly appropriated CLEEP grant funds. 146 EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action to increase the recruiting bonuses paid to lateral police officers /dispatchers. Further, enhance the recruiting bonus paid to police personnel and expand the program to current city employees. (1) Increase the current two -part lateral transfer bonus from $1,000 at appointment and $1,000 upon successful completion of the twelve -month probationary period to $1,500 at appointment and $1,500 upon successful completion of the twelve -month probationary period. (2) Increase the current two -part recruiting bonus to our department's police officers /dispatchers. Currently, recruiters receive $500 upon appointment of the lateral officer /dispatcher and an additional $500 upon the successful completion of their probationary period. This bonus would be increased to $750 at appointment and $750 upon successful completion of the twelve -month probationary period. (3) Expand eligibility to any current city employee. Exceptions shall include Department Heads, Police Captains, sworn and non -sworn personnel who are directly involved in the Police Departments' recruiting /hiring function, personnel assigned to the Human Resources Division, and any other personnel the Chief of Police or Director of Administrative Services designates. (4) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: Continued on next page. ATTACHED SUPPORTING DOCUMENTS: Recruitment statistics for 2002 FISCAL IMPACT: Operating Budget: $3,134,400 (police) / $1,077,200 (dispatcher) Amount Requested: N/A Account Number: 001400-3102-4101 (police patrol /salaries) /001 - 400 - 3107- 4101(dispatcher /salaries) Project Phase: N/A Mary Strenn, City Manager ��3 14 14 BACKGROUND & DISCUSSION CONTINUED: During the previous year (2002), the police department's personnel division compiled recruitment statistics for police and dispatch, which showed both total number of entry-level applicants tested and the related costs associated with advertising. In 2002, the personnel section tested 248 entry-level police applicants. Out of those, six were hired. Total advertising cost was approximately $10,000. This cost does not include over 100 hours expended by the personnel division for testing new recruits, which cost over $14,000. This also does not take into consideration the added cost of training a new recruit, while attending the academy for twenty -four weeks. The cost for each recruit (salary and benefits) while attending the academy is over $31,000, bringing the total cost of each newly hired recruit to over $35,000. Subsequently, we hired two lateral police officers at a total projected cost to the city of $6,000 ($3,000 per officer.) If new lateral and recruitment bonuses were initiated, the total cost per lateral officer would be $4,500. In addition to the cost savings for the city, this increased incentive package enhances our ability to attract and recruit highly qualified, experienced, patrol -ready officers from other law enforcement agencies. The competition between agencies to recruit these valuable officers is formidable. Additionally, there are several other law enforcement agencies that are currently offering lateral bonuses of between $1,500 and $5,000. Those departments include Antioch, Manhattan Beach, Azuza, Arcadia, and the Contra Costa Sheriffs Department. Further, in 2002, the personnel section tested 174 entry-level dispatch applicants. Out of those, three were hired. Total advertising cost was approximately $10,000. Associated costs included over 40 hours expended by the personnel division for testing new applicants, which cost over $2,000. This also does not take into consideration the time an applicant is on training (minimum thirty -six weeks) compared to a lateral dispatcher (average of eight weeks.) A comparative analysis between entry-level and lateral dispatchers hired since the center opened in April 2000, revealed that fourteen out of fifteen laterals that entered training successfully passed. On the other hand, the fourteen entry-level dispatchers that were hired since the center opened revealed that only three successfully completed training. The eleven entry -level dispatchers that did not complete training were on the cities payroll for a combined forty -seven months at a total cost to the city of approximately $228,000. Subsequently, we hired two lateral dispatchers in 2002, at a total projected cost to the city of $6,000 ($3,000 per dispatcher.) If new lateral and recruitment bonuses were initiated, the total cost per dispatcher would be $4,500. In addition to the cost savings for the city, the turn- around time to train the lateral dispatcher is reduced by over seventy -five percent. This increased incentive package will also enhance our ability to attract and recruit highly qualified, experienced, dispatchers from other law enforcement agencies. 148 _N O F N O O N z J CL CL 0 w z J LU 0 O w 2' z Z Q 'U J CL i <-- - �.+� -. v v� yr p p 00000000000000000 r- couivMN'—p0a0h GOt(7KM",Om Or- ou)vMN.- NNNNNNNN�.— a— ��.— .. -�e..� slueollddb ;o # le4ol U) J w W S I z z H W w U J 0 CL w w O ¢ V w V J 1 Y u t L L J 1 1 1 I C D In 0 a 14.3 EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action to approve the renewal of an agreement with El Camino College to continue an in- service Firefighter Training Program. Fiscal Impact: Annual Reimbursement average of $36,000 1) Approve the Agreement for an In- service Firefighter Training Program with the El Segundo Fire Department; 2) Authorize the Mayor to sign the Agreement; 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The revised contract incorporates language which both our City Attorney and El Camino's legal advisors describe as essential to clarify roles and responsibilities of each party. In addition, previous reimbursement was dependent on apportionment received from the State. Given the uncertainty of State budget and apportionments, the new formula protects us during times when the college is over its funding cap and does not receive apportionment funds. ATTACHED SUPPORTING DOCUMENTS: Agreement For An In- Service Firefighter Training Program With El Segundo Fire Department FISCAL IMPACT: Operating Budget: $36,000 average reimbursement Amount Requested: Account Number: 001 -400- 3202 -6223 Project Phase: Appropriation Required: _Yes X No ORIGINATED BY: DATE: 02 &�Norm Angelo, Fire Ch' f S :?S--03 REVIEWED BY: DATE: a�y Manager i 15 15 0 Purchasing & Contracts: copies to: Contract # AGREEMENT FOR AN IN- SERVICE FIREFIGHTER TRAINING PROGRAM WITH EL SEGUNDO FIRE DEPARTMENT THIS AGREEMENT is made and entered into this U day of by and between City of EL SEGUNDO hereafter "City ") and EL CAMINO COMMUNITY COLLEGE DISTRICT (hereafter "DISTRICT ") UR(`T'r A T.0 WHEREAS, the City and Fire Department desire to provide in- service fire fighter training to fire fighters through the District's Fire and Emergency Technology Division; and WHEREAS, the City's and Fire Department's training program meets all requirements of the law of the State of California; and WHEREAS, the District desires to furnish unit credits to students completing the in- service fire training classes to the satisfaction of instructors; and WHEREAS, because it will be providing much of the training and coordination in the program, City's Fire Department will be entitled to a portion of State funding received by District for fire fighter students enrolled into the District courses of instruction. 1 15 1. NOW, THEREFORE the parties hereto agree as follows: 1. TERM: The term of this Agreement shall commence on July 1, 2003 and continue until either party provides sixty (60) days written notification to the other party that the agreement will cease. Such notification shall not affect students currently enrolled in the program 2. DESCRIPTION OF SERVICES AND RESPONSIBILITIES: District and City agree to provide services as described herein below. The responsibilities of the parties follow: A. Responsibilities of District: (1) Conduct, through the City's Fire Department, approved firefighter in- service training courses under its Fire and Emergency Technology program. (2; Ensure compliance with al:, appropriate Title 'j and Education Code requirements to ensure these courses are completely eligible for State apportionment. (3) Provide a coordinator, register students, appoint designated City Fire Department staff as District instructors, and perform other appropriate support services to adequately manage and control its course offerings. (4) Evaluate the quality of instruction to ensure it meets the needs of the students. (5) Give appropriate units of credit for successful completion of each course of instruction. 2 151 B. Responsibilities of Cit . (1) Furnish facilities and instructional services at the City for the conduct of in- service fire training classes. (2) Provide qualified instructors, lecturers, equipment, materials, day -to -day management support, and all related overhead necessary to conduct the program. (3) Be responsible for grading s- tudents and for taking appropriate action regarding academic performance, in accordance with City's Fire Department r, policies. (4) Cooperate with District to ensure that all instructional personnel, equipment, and materials used in this program conform to all requirements governing instructional programs for fire fighters. 3. ADMINISTRATION: The Coordinator, or his authorized designee (hereafter jointly referred to as "Coordinator "), shall have the authority to administer this Agreement on behalf of the City's Fire Department. District shall designate, in writing, a person who shall have the authority to administer this Agreement on behalf of District. 4. PAYMENT FOR SERVICES: A. District shall reimburse the City's Fire Department for services and materials to be supplied hereunder at a rate of two dollars and fifty cents per student contact hour. B. City's Fire Department will supply appropriate invoices at the end of each semester for all student contact hours 3 1�3 qualified under this Agreement. Invoices shall be mailed to District address contained in Section 15 herein. District shall make payment no later than (30) days after delivery of invoices from City's Fire Department. C. Payment under this agreement is subject to verification made by the California Community Colleges and other appropriate state agencies. D. Students may be charged by the City's Fire Department directly for the cost of textbooks and materials which students retain in their possession. E. District payment shall be due and payable upon submission of grades for registered students. S. RECORDS AND AUDITS: A. Educational Records: The City's Fire Department and District shall maintain accurate and complete records which shall include a record of educational services provided in sufficient detail to permit an evaluation of services in accordance with Education Code provisions. Such records shall be open to the respective inspection and audit by authorized professional staff of the District, City, and other State Agencies where such inspection and audit does not conflict with the Pupil Record Act of the Education Code. P. Financial Records: District and City shall maintain accurate and complete financial records of its activities and operations as they relate to services provided 0 /'c J, under this Agreement. All such records shall include supporting documentation and other information sufficient to fully and accurately reflect District's and City's provision of services hereunder. All such records shall be retained by District and the City's Fire Department for a minimum period of five (5) years following the expiration or termination of this Agreement. All such records shall be open to inspection and audit at reasonable times by an authorized representative of District. Any audit of District records conducted by City staff shall include an exit conference with District, if requested by District. 6. REPORTS: District shall make written reports as required by the Coordinator, concerning the City's Fire Department activities as they affect the contract duties and purposes contained herein. In no event, however, may Coordinator require such reports unless it has provided District with at least thirty(30) days prior written notification thereof.. City shall provide District with a written explanation of the procedures for reporting the required information. 7. INDEMNIFICATION: District agrees to indemnify, defend, and hold harmless City, elected officials, appointed officers, employees, and agents of City from and against any and all liability, expense, including without limitation, defense costs and legal fees, arising from or connected with any claims for damages or workers-', compensation benefits resulting from District's operations or its services provided under this Agreement, including without limitation, bodily injury, death, personal injury, or property damage to any property, including 5 1.50 physical damage to or loss of District's property or any property in the care, custody or control of District. City indemnifies, defends, and holds harmless District, its elected officials, appointed officers, and employees, from and against any and all liability, expense, including defense costs and reasonable legal fees, and claims for damages of any nature whatsoever, including without limitation, bodily injury, death personal injury, or property damage, arising from or connected with City,s willful acts or active negligence, or hereunder. 8. CONFIDENTIALITY: Both parties shall maintain the confidentiality of all student academic and other student personal and private records. Both parties agree not to release such data to any third party without the prior written consent of the student or unless disclosure is otherwise authorized by law. Each party shall maintain the confidentiality of its records in accordance with all applicable Federal, State, and local laws, ordinances, regulations, and directives relating to confidentiality. Both parties shall inform all of its officers, employees, and agents providing services hereunder of the confidentiality of such records. Both parties agree to defend and save harmless the other party, its officers, agents, and employees against any and all liability and demands arising out of any disclosure of such reports and information by the other party, its officers, agents, and employees. 9. NON- DISCRIMINATION: rt ;� t _ Community College District Public Safety Program and the participating affiliate to provide fair and equitable treatment of 0 T i 5Z all individuals participating in the program without regard to ethnicity, religion, sexual identity, national origin, ancestry, age, or physical handicap. We are committed to providing a work and learning environment free of intimation, harassment and unlawful discrimination. We share in the responsibility of providing a harassment -free employment and educational environment in complying with both federal and state mandates and guidelines regarding non- discrimination and sexual harassment. 10. DELEGATION AND ASSIGNMENT: Neither party shall delegate its duties or assign its rights hereunder, or both, either in whole or in part, without the prior written consent of the other party. Any such delegation or assignment attempted without such consent shall be null and void. 11. ALTERATION OF TERMS: The body of this Agreement fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Agreement. No addition to, or alteration of, the term of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid and effective unless made in the form of a written amendment to this Agreement and formally approved and executed by the parties in the same manner as this contract form. 12. LICENSES, PERMITS, CERTIFICATES, AND ACCREDITATION: Both parties shall obtain and maintain in effect during the term of this Agreement, all licenses, permits, certificates, and accreditation required by law applicable to its performance of 7 1 15 .1. this Agreement, and shall ensure that all their officers, employees, and agents who perform services hereunder obtain and maintain in effect during the term of this Agreement, all licenses, permits, certificates, and accreditations required by law which are applicable to their performance hereunder. 13. SEVERABILITY: If any provisions of this Agreement are or become contrary to State law or regulations of other agencies or decisions of courts of competent jurisdictions, District and City, agree to renegotiate these portions without affecting the balance or intent of this Agreement. 14. AUTHORIZATION WARRANTY: District hereby represents and warrants that the person executing this Agreement for District is an authorized agent who has actual authority to bind District to each and every term, condition, and obligation set forth in this Agreement and that all requirements of District have been fulfilled to provide such actual authority. 15. DISTRICT'S OFFICES: District's business offices are located at El Camino Community College District; Purchasing and Business Services Office; 16007 Crenshaw Boulevard; Torrance, California 90506. District shall notify in writing those City representatives listed in the Paragraph 17 herein below of any change in its business address at least ten (10) days prior to the effective date thereof. 16. FIRE DEPARTMENT OFFICES: Fire Department business Offices are located at El Segundo Fire Department; 314 Main Street; E1 Segundo, CA 90245. City shall notify in writing those District representatives listed in paragraph 17 of any El s X58 change in its business address at least ten (10) days prior to the effective date thereof. 17. NOTICES: Any and all notices required, permitted, or desired to be given hereunder by one party to the other shall.be in writing and shall be delivered to the other party personally or by United States mail, certified or registered -, postage prepaid, return receipt requested, at the following addresses and to the attention of the persons named. Coordinator shall have the authority to issue all notices which are required, permitted, or desired by City hereunder. Addresses and persons to be notified may be changed by either party by giving at least ten (lo) days prior written notice to the other party. 18. TERMINATION: This Agreement may be terminated by either party with written, sixty (60) days, notice. Such notice of termination shall not affect students currently enrolled in the program. To District: El Camino Community College District Purchasing & Business Services Office 16007 Crenshaw Boulevard El Segundo, California 90506 Attention: Director of Purchasing & Business Services To City: City of El Segundo Attention City Clerk 350 Main Street El Segundo, CA 90245 IN WITNESS WHEREOF, the City Manager, and the Director of Purchasing and Business Services of the District, have caused this Agreement to be subscribed in its behalf by its duly authorized officers, the day, month, and year N first above written. 19. RELATIONSHIP. The relationship of CITY and DISTRICT is that of independent contractor. Neither Party will be considered the agent or employee of the other. Neither will exercise control or direction over the other while performing their respective obligations under this Agreement. Neither party intends to create a partnership or joint venture by entering into this Agreement. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that 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. 21. GOVERNING LAW. This Agreement has been made 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. 22. 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 agreement. CITY'S city manager may execute any such amendment on behalf of CITY. "He 160 23. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. EL CAMINO COMMUNITY COLLEGE DISTRICT By ` Janet Clarke, Director Purchasing & Business Services Office Date ATTEST City Clerk 11 City of EL ,SEGUNDO Printed Name Date APPROVED T OR By City Attoryiey Date 16.1 EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the submission of a two grant proposals to the County of Los Angeles Office of Emergency Management (OEM) and the Office of Justice Programs under the State Domestic Preparedness Equipment Program. Fiscal Impact: None RECOMMENDED COUNCIL ACTION: 1) Receive and file report on the grant submittal of the FY2002 grant; 2) Receive and file report on the grant submittal of the FY2003 [Part 11 grant; 3) Alternatively, discuss and take other action related to these items. BACKGROUND & DISCUSSION: Both grants are 100% federally fund, they are offered on a reimbursement basis. These homeland grants are being open in rapid succession with little advanced notice. The grants' deadlines prevent us from submitting this information to council any sooner, however the applications are conditioned on final council acceptance. FY2002 Grant Request: On May 12, 2003, the grant submission period was opened for the FY2002 State Domestic Preparedness Equipment Grant Program. The grant submission deadline was 5:00 p.m., Friday, May 30, 2003. The City of El Segundo submitted its grant request prior to the deadline on behalf of the police and fire departments. The City of El Segundo will be seeking personal protective and detection equipment from an authorized equipment list. FY2003 [Part 1] Grant Request: On May 5th, 2003, a grant orientation was conducted forthe FY2003 [Part 1] State Domestic Preparedness Equipment Grant Program. On May 6, 2003, the grant submission period was opened for the submission of grant proposals. (Continued on next page) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: None Amount Requested: None Account Number: N/A Project Phase: N/A Appropriation Required: _Yes X No ORIGINATED BY: DATE- Norm Angelo, Fir hief , x.23 -o3 REVIEWED BY: DATE: Mary Stre City Manager 16 162 FY2003 [Partl] grant submittal, cont'd: The grant submission deadline was 5:00 p.m., Thursday, May 8, 2003. On May 8`", the City of El Segundo submitted its grant request for $642,960.00 on behalf of the police and fire departments. On Thursday, May 15, 2003, the city was notified that it received notice of a tentative award of $47,810.00 in personal protective equipment and detection equipment for fire only. The State of California will need to approve the final award of both grants. Final grant award notices will begin in June 2003 and grant awards issued in the summer of 2003. The Fire Department will bring any grant award to the Council for approval prior to acceptance. t EL SEGUNDO CITY COUNCIL MEE AGENDA ITEM STATEMENT TING DATE: June 3, 2003 AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to seek designation of El Segundo Fire Stations as "Safe Surrender Sites" (Safe Havens) for newborn babies. Fiscal Impact: $400.00 RECOMMENDED COUNCIL ACTION: 1) Adopt Resolution # 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The County of Los Angeles has initiated a program that allows newborn children (under 72 hours old) to be surrendered at designated locations. The County has designated all of its Fire Stations as Safe Surrender sites. Several cities have joined the program and designated their fire stations as "Safe Surrender" sites. The program is intended to reduce the potential for abandoned newborns by providing immunity and anonymity to the person surrendering the child within 72 hours. It also provides an opportunity to gather potential health history on the child. There have been a couple of newborns surrendered within the county under this program. The impact on the Fire Department will be minimal. Most program costs will be related to program start up and is estimated to be less than $400 for signs and forms. This amount will be covered within our existing operating budget. There is likely going to be little or no annual cost. Training will be conducted in house. To join the program, it requires formal authorization from City Council to apply to t he County of Los Angeles County Board of Supervisors for designation as a program site. ATTACHED SUPPORTING DOCUMENTS: Resolution authorizing application for "Safe Surrender Designation" FISCAL IMPACT: Operating Budget: Yes Amount Requested: $400.00 Account Number: 001 - 400 - 3203 -5204 Project Phase: Appropriation Required: _Yes X No DATE: Norm Angelo, Fire Chief REVIEWED BY: DATE: Mary S n, City Manager / 17 164 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF EL SEGUNDO TO PARTICIPATE IN THE SAFE HAVEN PROGRAM FOR CHILDREN BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. The State Legislature has enacted Health and Safety Code § 1255.7 which allows any person having lawful custody of a minor child 72 hours old or younger to surrender physical custody of the child to an employee at a location designated by the board of supervisors; and B. The City of El Segundo Fire Department is desirous of having its fire stations so designated; and C. Such designation is for the benefit of children and the community because it will provide a safe haven to newborns who are 72 hours old or younger. SECTION 2: The fire stations of the El Segundo Fire Department may be designated by Los Angeles County as locations which may accept newborns that are 72 hours old or younger from a person who has lawful custody of the child. SECTION 3: The City Manager or the City Manager's designee is authorized to request that the Board of Supervisors for Los Angeles County designate the fire stations of the City of El Segundo as locations which may accept newborns that are 72 hours old or younger from a person who has lawful custody of the child. SECTION 4: The City Manager or the City Managers designee is authorized to execute any documents which are necessary to effectuate this designation and which are consistent with this Resolution, all of which are subject to approval by the City Attorney. SECTION 5: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 6 This Resolution will become effective immediately upon adoption and will remain effective until superseded by subsequent resolution or ordinance. PASSED AND ADOPTED this day of 2003. Mike Gordon, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Cindy Mortesen, City Clerk of the City of EI 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 3rd day of June, 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 Mark D. He e By: Karl H. B Assistant 1606 EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Reports — Council Member Wernick AGENDA DESCRIPTION: Consideration and possible action regarding establishing a formal policy for naming city streets. RECOMMENDED COUNCIL ACTION: (1) Discussion; (2) Direct staff to formulate a policy for naming city streets. (3) Alternatively, take other action related to this item. BACKGROUND & DISCUSSION: On March 5, 2002, the City Council adopted Resolution No. 4247, adopting policies and procedures for naming and dedicating city facilities. Similar criteria as set forth in Resolution No. 4247 to name city facilities could be used to name city streets. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required Yes _ No X ORIGINATED: DATE: May 21, 2003 Nancy W00mick, Council Memb REVIEWED BY: DATE: May27, 2003 Mary S nn, City Manager • 16! of CITY OF EL SEGUNDO MEMORANDUM DATE: May 28, 2003 TO: Honorable Mayor and Members of the City Council Mary Strenn, City Manager FROM: Cathy Domann, Deputy City Clerk RE: Potential Conflicts of Interest on Matters on June 3, 2003 Agenda The following Council Agenda Item(s) may have a potential conflict of interest for the Mayor, Mayor Pro Tern or the Council Members: NONE 0 • Club Chartered 1952 May 22, 2003 ?%A-/ &%f6K Honorable Mayor and Members of the City Council City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mayor and Members of the City Council: The El Segundo Rotary'will hold its 6`h annual Movie in the Park on Saturday, August 2,'2003, at Chevron Park, from 4:00 pm until approximately 10:80 pm. This event attracts families with young children and, as in past yeats, is expected to draw a crowd of approximately 3,000 people. We respectfully request that the City of El Segundo assist us with minimal city services to make this traditional El Segundo event a suecess, and to waive the costs and fees which may be associated with such services. Our event is heavily manned by volunteers; however, we are concerned about the safety issue on El Segundo Boulevard and Illinois. Most attendee's park at the.parking structure at El Segundo Blvd. /Illinois Street and cross the boulevard to enter Chevron Park, starting as early as 4:00 pm until the movie begins at dusk, and then again as they exit themovie at about 10:00 pm. We have been in touch with the El Segundo police Department staff in formulating our traffic plan and determining the number of volunteers we will need to ensure the safety of the public. We would also like the use of delineators and cones from the Street Department, and possibly the arrow board, in order to implement the traffic plan. We request that the City approve the waiver of all costs and fees associated with our event. Some of our members will come before the council meeting of June 3, 2003 to answer any questions you may have. Thank you for your support of this traditional El Segundo event. Cc: 1 i Resppe�ee�ctt�full�ly Submitte�dp Chris Powell, President 2002 -2003 Roger Stepnenson Andres Santamaria, Director Public Works P.O. 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