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2014 Jan 21 - 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. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. 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 portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 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, JANUARY 21, 2014 — 6:00 PM 6:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (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. SPECIAL ORDER OF BUSINESS: 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 follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d) (3) -2- matter 1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279 2. Springfield vs. City of El Segundo, et.al. LASC Case No. YC067789 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3): -0- matter. Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters 2 E 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. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. 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 portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 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, JANUARY 21, 2014 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Rev. Diana Ferguson, St. Michael Episcopal Church PLEDGE OF ALLEGIANCE — Council Member Atkinson 3 PRESENTATIONS a) ES Chamber Holiday Parade Trophy winners. 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. CITY COUNCIL COMMENTS — (Related to Public Communications) 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 (PUBLIC HEARING) C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 1. Consideration and possible action to adopt a resolution supporting the California Office of Business and Economic Development's mission to increase the competitiveness of California's business climate. Fiscal Impact: None) Recommendation — 1) Adopt the resolution; 2) Alternatively, discuss and take other action related to this item. E. CONSENT AGENDA n n All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 2. Warrant Numbers 2595677 to 2595854 on Register No. 6 in the total amount of $912,346.02 and Wire Transfers from 11/22/2013 through 12/05/2013 in the total amount of $887,198.35 and Warrant Numbers 2595855 to 2596034 on Register No. 7 in the total amount of $1,280,008.54 and Wire Transfers from 12/06/2013 through 12/19/2013 in the total amount of $3,439,870.58). Recommendation — Approve Warrant Demand Registers 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. 3. Special City Council Meeting Minutes of December 11, 2013 and Regular City Council Meeting Minutes of December 17, 2013. Recommendation — Approval. 4. Consideration and possible action regarding the El Segundo Senior Housing Corporation 2014 Annual Budget for the Park Vista Apartments located at 615 East Holly Street. (Fiscal Impact: None) Recommendation — 1) Approve the 2014 Park Vista Budget; 2) Alternatively, discuss and take other action related to this item. 5. Consideration and possible action to award a standard Public Works Contract to Southwest Pipeline & Trenchless Corp. for the Trenchless Sewer Improvement. Project No. PW 13 -23. (Fiscal Impact: $210,000.00) Recommendation — 1) Authorize the City Manager to execute a standard Public Works Contract, in a form approved by the City Attorney, with Southwest Pipeline & Trenchless Corp. in the amount of $186,515.00; 2) Alternatively, discuss and take other action related to this item. 5 6i 6. Consideration and possible action regarding updating the contract between the City and Public Agency Retirement System (PARS) to reflect the current rate for the SPEA additional retirement annuity. (Fiscal Impact: N /A) — Recommendation — 1) Authorize the Director of Finance to execute the legal and administrative service documents necessary to amend the current employee contribution rates on behalf of the City; 2) Alternatively, discuss and take other action related to this item. 7. Consideration and possible action regarding authorization for the City Manager to enter into a three -year agreement with Insight, as approved to form by the City Attorney, to provide Microsoft software support and upgrades in an amount not to exceed $188,213.90 (3 Years of $62,737.97 per year). Fiscal Impact: $188,213.90 Recommendation — 1) Authorize the City Manager to enter into a three -year service, maintenance and upgrade agreement, as approved to form by the City Attorney, with Insight in an amount not to exceed $188,213.90; (2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding the approval of an amendment to an existing Professional Services Agreement with Pacific Municipal Consultants ( "PMC ") to increase the amount of the agreement by $45,000 for a total of $70,000 for planning consulting services. (Fiscal Impact: $45,000.00) Recommendation — 1) Authorize the City Manager to execute an amendment to an existing Professional Services Agreement to increase the funding by $45,000 approved as to form by the City Attorney; 2) Alternatively, discuss and take other action related to this item. F. NEW BUSINESS 9. Consideration and possible action regarding acceptance of the terms and conditions from a grant award by Chevron U.S.A., Inc. in the amount of $200,000 to assist in Economic and Business Development within the City of El Segundo over the next two fiscal years. (Fiscal Impact: $$200,000 Revenue for the Chevron USA, Inc. Grant Account for FY 2013 -2014 and 2014 -2015) Recommendation — 1) Authorize the City Manager to execute the Grant Agreement with Chevron U.S.A., Inc.; 2) Appropriate grant funding for FY 2013- 14 and 2014 -15 in the Economic Development Grant Fund Account; 3) Alternatively, discuss and take other action related to this item. on C: G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer — Council Member Atkinson — Council Member Fuentes — Mayor Pro Tern Jacobson — Mayor Fisher — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator; andlor 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. 7 7 REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE:.. TIME:yL.� NAME: PRESENTATION CHAMBER HOLIDAY PARADE WINNERS EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2014 AGENDA STATEMENT AGENDA HEADING: Economic Development Advisory Council AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution supporting the California Office of Business and Economic Development's mission to increase the competitiveness of California's business climate. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Adopt the attached resolution; and /or, 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Ted Shove, Economic Development Analyst REVIEWED BY: Sam Lee, Director of Planning and Building Safety APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: Over the course of the last two years, the Economic Development Advisory Council (EDAC) has reconvened after a period of dormancy. During this time, a number of issues that concern the overall business climate have been evaluated. While El Segundo is considered an excellent community in which to operate a business, a number of external forces have posed challenges to the existing business base. One of these challenges was exacerbated at a recent meeting when one of the EDAC Members provided an email dialogue from an organization outside of California attempting to recruit business to their home state of Texas. While this concept of "poaching" businesses from one community to another is not new, the marketing accompanying these efforts enacted a call to action from the EDAC to encourage the El Segundo City Council to alert state lawmakers and officials in hopes of stepping up current efforts to improve conditions for businesses currently operating and potentially seeking a new location in California. iI WE Currently, the primary agency responsible for business and economic development at the state level is the California Governor's Office of Business and Economic Development (GO -Biz). This Agency was created by current Governor Edmund G. Brown Jr. to serve as a single point of contact for economic development and job creation efforts. Most notably, GO -Biz has acted as an intermediary between business incentive programs created by lawmakers and working with regional and local economic development organizations to optimize the newly established programs. GO -Biz along with Governor Brown conduct periodic trade missions domestically and internationally. By providing `boots to the ground' data on efforts from organizations outside of California, it is likely this organization may be able to originate legislation such as specific business incentives to match or neutralize those being offered from organizations outside of California. PAPlanning & Building SafetytCC Report.Template 2012.doe 11 RESOLUTION A RESOLUTION SUPPORTING BUSINESS AND ECONOMIC INCREASE COMPETITIVENESS CLIMATE THE CALIFORNIA OFFICE OF DEVELOPMENT'S MISSION TO OF CALIFRONIA'S BUSINESS WHEREAS, the Economic Development Advisory Council "EDAC" is an advisory committee to the El Segundo City Council and periodically makes recommendations to maintain business climate competitiveness; and WHEREAS, the EDAC noted a series of efforts to "poach" California businesses from organizations outside the state; and WHEREAS, the California Governor's Office of Business and Economic Development is charged with overseeing statewide business incentive programs and to periodically report to California lawmakers regarding their effectiveness; and THEREFORE, the City of El Segundo strongly encourages the California Governor's Office of Business and Economic Development to work closely with lawmakers to continue to increase California's business climate to remain competitive with other States such that poaching efforts from organizations outside of California will cease. BE IT FURTHER RESOLVED, with the concurrence of the Mayor, that by the adoption of this Resolution, the City of El Segundo hereby strongly supports the continued efforts of the California Office of Business and Economic Development to increase competitiveness of California's business climate. PASSED AND ADOPTED this ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney day of Bill Fisher, Mayor Karl H. Berger, Assistant City Attorney .20 12 w W fA O' W, LL' d LL C. i V) dD < V) m W N< IfJ O O O O O � N m N r Z W m J as ,zz W 7 O co Y W 2 U ❑ O 1 1 �Y J Q O yy� C IL IL Q !L (_ LL O Z W H W l a O 1=L N ❑ Z m o D W 1 C N cn r ? 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C F U E_ O a U m c c N m$E m CO pl p — p p N> U O i L N m o E a 3 o T N C m > V Q c m E m c o m a O E N J C O Ol O. pl T N t at C 1p N C N o � T m l9 C O C o C r N C O Y E 0. O w m E c m O N E .-6 O EL N Iq > -m LO, al a m m m > > c v_i r.. an w N O y V C J O E- 0.2 i 3 O Ol II a 1p 1 c C O m w y 0 m N Y C y c v m c5 _ll W. N U L r p] d p 3 C pl \v {p N U O N >E. V a O N L d ll V ❑ V N p) l0 O T N yj > C l0 pi > (p O pl C« (n C O) pl L Y O d C a W NL' N V C J C C N (p W c y o, m N C v rn E o C ZZ '(a W N U E> J E F C o' O p U O a Ol N c E v n O O¢ U) ° m m E.� U T a E c U� x F QO.S Y of o m o LL LL O a 'o 0 p W Z a w m ii W z 111 p o z BOO f o p u n a (O U _ LL U LL' LL Q m 2 IL ❑ 13 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 11/22/13 THROUGH 12/05/13 Date Payee Amount Description 11/21/2013 State of CA EFT 3,885.00 EFT Child support payment 11/22/2013 Unum 274.20 LTD 11/22/2013 Nationwide NRS EFT 1,848.54 EFT 401a payment 11/22/2013 Nationwide NRS EFT 48,243.74 EFT 457 payment 11/22/2013 Manufacturers & Traders 667.31 IRA payment Vantagepoint 11/22/2013 Manufacturers & Traders 5,940.13 401 payment Vantagepoint 11/22/2013 Manufacturers & Traders 22,295.37 457 payment Vantagepoint 11122/2013 South Bay Credit Union 14,570.38 Payroll credit union deduction pmt 11/22/2013 US Bank - Trust Acct 6,366.39 PARS payment 11/25/2013 Cal Pers 115,684.97 EFT Retirement Misc (Chase) 11/25/2013 Cal Pers 5,438.12 EFT Retirement Misc Adj (Chase) 11/26/2013 Cal Pers 251,524.38 EFT Retirement Safety (Chase) 11/27/2013 Lane Donovan Golf Ptr 19,088.16 Payroll Transfer 12/2/2013 Health Comp 2,531.67 Weekly claims 12/3/2013 Health Comp 253.01 Weekly claims 12/5/2013 Employment Development 3,322.34 State Taxes 12/5/2013 Employment Development 49,410.43 State Taxes 12/5/2013 IRS 225,781.54 Federal Taxes 11/22/13- 12/05/13 Workers Comp Activity 110,072.67 SCRMA checks issued 887,198.35 DATE OF RATIFICATION: 01/07/14 TOTAL PAYMENTS BY WIRE: 887,198.35 Certified as to the accuracy of the wire transfers by: Deputy City Treasurer I Date lMaAa, tZI I Director off.Finance Date City Manage , C Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. P: \City Treasurer \Wire Transfers\2013 \4th Qtr 2013 \Wire Transfers 12 -05 -13 14 n m w F rn O W LL' a N LL O y Q J Q O 2 LL O W r ❑ a Z ❑ O LL ❑ > Z m Om O J W a U F J O W r LL yO H F U K M u) N oo N w W N O ID N n ao °o m N V) SEC m O LQ ' N • ' I� cV O ' cV ' N ' Oi c0 N m c Nc70 ct M O m V mmv c 7 n N p F p < a w g z Z 0 0 0 m m m 0 V W ZQ� m 7 li r❑ IwL W} z aG J wwW�2zF- F- 3 Z Z Z F- W a U J W N N U a J J W ir J J N Q F w r r F❑ Z U z �vOVr❑ <i� <o��� N ao °o m N V) 0 I I m W N V v 1p I: � N m 0 N t W 0 0 0 0 m N N N 0 N N r 0 0 0 0 o 0 0 0 0 0 0 0 O – – – – – – – N M l7 v �n . N O f0 iD n n n n r Z W z Z O J aQ oZ w D ❑ to Y U W 2 U O m W LU Z �i ❑ to of ❑ W W ❑ Z ❑ Z J w r W W 1 Z } O < ❑ O LL < z Z Z a Z p W W2 z 00 ❑ N z w r , z <00 OzY oz�FFz�LLm r`7U wppr 'k�gcwi w w z » > m p F p < a w g z Z 0 0 0 r z a z w u w 2 a a K z z z p D D w F m I� U J a a W m< m ~mzzz?0 1. >� w? Z¢ p m w m W W r li 7 7 V1 ❑ 7 w a' o0D? > ZQ� m 7 li r❑ IwL W} z aG J wwW�2zF- F- 3 Z Z Z F- W a U J W N N U a J J W ir J J N Q F w r r F❑ Z U z �vOVr❑ <i� <o��� 7 7 W❑ f/J F Q z? m W m Co m < wwzzo O vi¢N¢aiFmwU� w LL w O a a O w w< 0¢ a w J w r IL a � Y, w w m a z ¢ m m 0 0 m a<¢ g m a U r m J m F a a r W9 �Ur1i OUi 33 3K a a 0 a a a m_ °2 ¢c<i?I<i c.w w wO 0 I I m W N V v 1p I: � N m 0 N t W 0 0 0 0 m N N N 0 N N r 0 0 0 0 o 0 0 0 0 0 0 0 O – – – – – – – N M l7 v �n . N O f0 iD n n n n r Z W z Z O J aQ oZ w D ❑ to Y U W 2 U O 15 v K w a � m L Z Q C C �' y C C W O a m U O a U m 0 c m U a m 0 E ° E L a g C T N l0 N> a U N « N > N E O N L C m 3° y Y A C U C N E 5 w m OT V a� m° > Q c d E m c o m a o E m e- T a m 2 ❑ � O Ol � y C r c m ° o 2 - Cc ac v av 25 co m E v c aEi Er10. w > w o y v d� v E c °� t v j c''� U (D --o a m N y ,— m E 0 . m c L ❑: N m O a m > l0 `p 3 IO Na ` 10 2 N L +N-. N V C C'p 1 cU W ` w° m J C(n O U d N m W U m m 2 Olm E ^ C v CWT O W T N U .2 N l0 m m m N � Z z 0 `m n � o n o S E m O 0 OQ`°�_• LL h `� " C U m m E2 O m U N T C a EcEmc O W ._ Ol t0 U l0 U m x W a O L a' C O R U LL LL O ° m > ❑ O } cu o - W F Z w Q W II 11 Z W Z r 0 U o O a LL U LL' LL Q m S LL ❑ 15 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 12/06/13 THROUGH 12/19/13 Date Payee Amount Description 12/6/2013 State of CA EFT 3,885.00 EFT Child support payment 12/6/2013 Nationwide NRS EFT 60,577.78 EFT 401a payment 12/6/2013 Nationwide NRS EFT 157,304.91 EFT 457 payment 12/6/2013 Manufacturers & Traders 467.31 IRA payment Vantagepoint 12/6/2013 Manufacturers & Traders 40,912.96 401 payment Vantagepoint 12/6/2013 Manufacturers & Traders 22,240.34 457 payment Vantagepoint 12/6/2013 South Bay Credit Union 14,570.38 Payroll credit union deduction pmt 12/6/2013 US Bank - Trust Acct 6,366.39 PARS payment 12/9/2013 Cal Pers 454,243.60 EFT Health Payment 12/10/2013 West Basin 1,767,257.48 H2O payment 12/10/2013 Employment Development 981.61 State Taxes 12/10/2013 Employment Development 24,954.62 State Taxes 12/10/2013 IRS 107,623.67 Federal Taxes 12/10/2013 Manufacturers & Traders 3,870.78 457 payment Vantagepoint 12/10/2013 Cal Pers 115,370.89 EFT Retirement Misc (Chase) 12/10/2013 Cal Pers 252,026.15 EFT Retirement Safety (Chase) 12/10/2013 Cal Pers 419.24 EFT Retirement Misc Adj (Chase) 12/10/2013 Cal Pers 5,045.47 EFT Retirement Safety Adj (Chase) 12/11/2013 Nationwide NRS EFT 840.00 EFT 457 payment (Chase) 12/11/2013 Lane Donovan Golf Ptr 21,955.00 Payroll Transfer 12/13/2013 Pitney Bowes 1,000.00 Library Hall Postage 12/17/2013 Health Comp 4,347.10 Weekly claims 12/19/2013 Health Comp 355.00 Weekly claims 12/19/2013 Employment Development 3,292.93 State Taxes 12/19/2013 Employment Development 51,123.09 State Taxes 12/19/2013 IRS 231,733.54 Federal Taxes 12/19/2013 State of CA EFT 3,885.00 EFT Child support payment 12/19/2013 Nationwide NRS EFT 1,848.54 EFT 401a payment (Chase) 12/19/2013 Nationwide NRS EFT 33,138.98 EFT 457 payment (Chase) 12/06/13- 12/19/13 Workers Comp Activity 48,232.82 SCRMA checks issued 3,439,870.58 DATE OF RATIFICATION: 01/21114 TOTAL PAYMENTS BY WIRE: 3,439,870.58 Certified as to the accuracy of the wire transfers by: Deputy City Treasurer I Date &V k,4,L Ltd, Director f Fina ce city ��ager7 I -l7— Date Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. P: \City Treasurer \Wire Transfers\2013 \4th Qtr 2013 \Wire Transfers 12 -19 -13 16 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, DECEMBER 11, 2013 5:00 P.M. CALL TO ORDER — Mayor Fisher at 5:04 PM PLEDGE OF ALLEGIANCE — Council Member, Marie Fellhauer ROLL CALL Mayor Fisher - Present Mayor Pro Tern Jacobson - Present Council Member Fuentes - Present Council Member Atkinson - Present Council Member Fellhauer - Present 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 before addressing the City Council. Failure to do so is a misdemeanor and punishable by a fine of $250. None UNFINISHED BUSINESS: Consideration and possible action regarding (1) adopting a resolution placing a general tax ballot measure on the April 8, 2014 general municipal election (the "Consolidated Tax Measure ") that would increase the Utility User Tax ( "UUT ") rate on non - residential users and impose a UUT on residents; increase the Transient Occupancy Tax ( "TOT ") rate; impose a parking tax on non- residential parking, except for employee, restaurant and theater parking, and valet parking ( "Parking Tax "); reduce the Business License Tax Credit ( "BLT Credit "); (2) direct the City Attorney's Office to prepare an impartial analysis of the ballot measure and find the ballot measure to be exempt from review under the California Environmental Quality Act ( "CEQA "); (3) adopting a resolution regarding ballot arguments for the ballot measure; (4) appointing a council member or members to draft ballot arguments regarding the ballot measure; and (5) adopting a resolution stating the Council's purpose and intent of using a portion of the funds from the ballot measure, if it passes, on capital improvement projects, if feasible, and allowing the Chamber of Commerce to appoint two members to the Capital Improvement Project Advisory Board. (Fiscal Impact: Increase in general fund revenues in the amount of approximately $6.6 million during the first three years following passage of the ballot measure which would be reduced to approximately $5.9 million thereafter.) Greg Carpenter, City Manager, stated corrections and clarifications to the staff report. Mark Hensley, City Attorney, stated corrections and clarifications to Resolution No. 4856. Council discussion with the City Attorney on wording for the possible, April 8, 2014, ballot measure. MINUTES OF THE SPECIAL CITY COUNCIL MEETING December 11, 2013 PAGE NO. 1 17 Mark Hensley, City Attorney, explained a change to Section 14 of Ordinance No. XXX Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4856 A RESOLUTION PLACING A BALLOT MEASURE ON THE APRIL 8, 2014 BALLOT PURSUANT TO ARTICLE XIIIC, § 2(B), OF THE CALIFORNIA CONSTITUTION; ELECTIONS CODE § 9222; AND GOVERNMENT CODE §§ 53723 AND 53724 REGARDING TRANSIENT OCCUPANCY TAXES; USER UTILITY TAXES; AN AIRPORT PARKING TAX; AND BUSINESS LICENSE TAX (COLLECTIVELY, THE "CONSOLIDATED TAX MEASURE "). MOTION BY Council Member Fellhauer, SECONDED by Council Member Atkinson to adopt Resolution No. 4856. MOTION PASSED BY UNANIMOUS VOICE VOTE: 5/0 RESOLUTION NO. 4857 A RESOLUTION DIRECTION THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE BALLOT MEASURE REGARDING THE CONSOLIDATED TAX MEASURE. MOTION BY Council Member Fuentes, SECONDED by Council Member Fellhauer to adopt Resolution No. 4857. MOTION PASSED BY UNANIMOUS VOICE VOTE: 5/0 RESOLUTION NO. 4858 A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH VOTER INFORMATION FOR THE GENERAL MUNICIPAL ELECTION ON APRIL 8, 2014. MOTION BY Council Member Fellhauer, SECONDED by Council Member Fuentes to adopt Resolution No. 4858. MOTION PASSED BY UNANIMOUS VOICE VOTE: 5/0 MOTION BY Council Member Fellhauer, SECONDED by Council Member Atkinson to appoint Councilmembers Fuentes and Fellhauer to draft the Argument in favor of the Consolidated Tax Measure. MOTION PASSED BY UNANIMOUS VOICE VOTE: 5/0 RESOLUTION NO. 4859 A RESOLUTION IDENTIFYING THE CURRENT COUNCIL'S STATEMENT OF PURPOSE AND INTENT FOR WHICH TAX REVENUE GENERATED FROM THE CONSOLIDATED TAX MEASURE SHOULD BE EXPENDED TO THE EXTENT POSSIBLE; AND AMENDING THE MEMBERSHIP FOR THE EL SEGUNDO CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE. MOTION BY Council Member Atkinson, SECONDED by Council Member Fellhauer to adopt Resolution No. 4859. MOTION PASSED BY UNANIMOUS VOICE VOTE: 5/0 Comments by Council concerning the measure MINUTES OF THE SPECIAL CITY COUNCIL MEETING December 11, 2013 PAGE NO. 2 irz ADJOURNMENT at 6:01 PM Tracy Weaver, City Clerk MINUTES OF THE SPECIAL CITY COUNCIL MEETING December 11, 2013 PAGE NO. 3 WE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 17, 2013 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER- Mayor Fisher at 5:00 PM ROLL CALL Mayor Fisher - Present Mayor Pro Tern Jacobson - Present Council Member Fuentes - Present Council Member Atkinson - Present Council Member Fellhauer - Present PUBLIC COMMUNICATION — (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. Mayor Fisher announced that Council would be meeting in closed session pursuant of the items listed on the agenda. SPECIAL ORDER OF BUSINESS: CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d) (3) -1- matter City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3): -0- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 17, 2013 PAGE NO. 1 WE Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1- matters Unrepresented Group: Supervisory and Professional Employees Association City Negotiator: Greg Carpenter, City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Adjourned at 6:31 PM No reportable action MINUTES OF THE REGULAR CITY COUNCIL MEETING December 17, 2013 PAGE NO. 2 21 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 17, 2013 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER- Mayor Fisher at 7:00 PM INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Fuentes PRESENTATIONS Commendation read by Mayor Fisher to Mary Kobus, Deputy City Treasurer, for her 18 years of service to the City of El Segundo. Presentation by Denise Di Pasquale, of the South Bay Workforce Investment Board, presented the quarterly summary report. The quarter given to the Council. ROLL CALL Mayor Fisher - Present Mayor Pro Tern Jacobson - Present Council Member Fuentes - Present Council Member Atkinson - Present Council Member Fellhauer - Present 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. None CITY COUNCIL COMMENTS — (Related to Public Communications) A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 17, 2013 PAGE NO. 3 22 MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fuentes to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 1. Consideration and possible action regarding (Public Hearing) the proposed project and budget for the FY 2014/15 Community Development Block Grant (CDBG) Program Year. The estimated CDBG budget allocation for Program Year 2014 -2015 is approximately $52,847. (Fiscal Impact: $52,847.00). Mayor Fisher stated this was the time and place to conduct a Public Hearing and receive public testimony concerning adopting the new 2014 -2015 Community Development Block Grant project and budget and authorize the City Manager to execute the contracts, in a form approved by the City Attorney, with the Los Angeles County Community Development Commission (CDC). Clerk Weaver stated that proper notice has been done and no communication was received in the Clerk's office. Tina Gall, Community Development Block Grant consultant, gave a presentation and answered questions. Opened Public Hearing MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to close the hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Discussion MOTION by Council Member Fuentes, SECONDED by Council Member Fellhauer to adopt the 2014 -2015 Community Development Block Grant project and budget and authorize the City Manager to execute the contracts, in a form approved by the City Attorney, with the Los Angeles County Community Development Commission (CDC). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS MINUTES OF THE REGULAR CITY COUNCIL MEETING December 17, 2013 PAGE NO. 4 23 2. Consideration and possible action to open the recruitment process for the positions on the Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2014. (Fiscal Impact: None). MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer directing Staff to open the recruitment process for the positions on the Committees, Commissions and Boards. 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. Approved Warrant Numbers 2595480 — 2595676 on Register No. 5 in the total amount of $1,155,648.79 and Wire Transfers from 11/0/2013 through 11/21/2013 in the total amount of $2,579,422.21. Authorized staff to release. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. Approved Regular City Council Meeting Minutes of December 3, 2013. 5. PULLED BY COUNCIL MEMBER ATKINSON 6. Accepted as complete construction of the Beach Restroom and Lifeguard Facility and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. PW No. 10 -09 (Fiscal Impact: $1,756,534.66) 7. PULLED BY MAYOR PRO TEM JACOBSON 8. Approved Vesting Tract No. 71903, a subdivision of the property surrounded by Kansas Street, Illinois Street, Franklin Avenue and Grand Avenue for commercial condominium purposes and authorized the appropriate City Official(s) to sign and record said Map. (Fiscal Impact: None) MOTION by Council Member Fuentes, SECONDED by Council Member Fellhauer to approve Consent Agenda items 3, 4, 6, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING December 17, 2013 PAGE NO. 5 24 PULLED ITEMS: 5. Consideration and possible action to adopt a Resolution approving Plans and Specifications for resurfacing of the tennis courts at Recreation Park. Project No, PW 13 -30. (Fiscal Impact: $50,400.00) Council Member Atkinson clarified that this work was being paid for with grant funds. MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to adopt Resolution No. 4861 approving Plans and Specifications for resurfacing of the tennis courts at Recreation Park. Project No. PW 13 -30. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 7. Consideration and possible action to authorize the City Manager to send a letter to the South Bay Cities Council of Governments (SBCCOG) in support of consulting services to prepare plans and specifications for the installation of bikeways in El Segundo. (Fiscal Impact: None) Mayor Pro Tern Jacobson asked for City Council to review preliminary plan for bikeway project before they are finalized. MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to authorize the City Manager to send a letter to the South Bay Cities Council of Governments (SBCCOG) in support of consulting services to prepare plans and specifications for the installation of bikeways in El Segundo. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 9. Consideration and possible action to adopt policy changes to the City's Residential Sound Insulation (RSI) Program regarding the discontinuation of the "Owner Upgrade" aspect of the program. (Fiscal Impact: None). Sam Lee, Director of Planning and Building Safety, gave a presentation and answered questions by Council. MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Atkinson to adopt policy changes to the City's Residential Sound Insulation (RSI) Program regarding the discontinuation of the "Owner Upgrade" aspect of the program. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING December 17, 2013 PAGE NO. 6 25 G. REPORTS — CITY MANAGER — Thanked all the City employees for another year of dedicated service and wished everyone Happy Holidays. H. REPORTS — CITY ATTORNEY — None REPORTS — CITY CLERK — None J. REPORTS — CITY TREASURER - None K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer — Merry Christmas and Happy New Year to all. Council Member Atkinson — Merry Christmas and Happy New Year to all. Council Member Fuentes — Thanked the City for the Tree Lighting Ceremony and thanked the Chamber for their work on the Holiday Parade. Attended the second day of the Governor's Military Council. Mayor Pro Tern Jacobson — Thanked Council Member Fuentes for attending the Military Council. Enjoyed the Holiday Parade and Tree Lighting Ceremony. Wished everyone a Merry Christmas and a Happy New Year. Mayor Fisher — 10. Consideration and possible action to adopt a resolution expressing full support for the Boeing Company to bring the 777X Jetliner assembly work to Long Beach, California. (Fiscal Impact: None) MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to adopt Resolution No. 4860 in support for the Boeing Company to bring the 777X Jetliner assembly work to Long Beach, California. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 11. Consideration and possible action regarding the annual request of Mrs. S. Claus for variances from the Municipal Code. (Fiscal Impact: None) MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fuentes to approve the request from Mrs. S. Claus for variances from the Municipal Code. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING December 17, 2013 PAGE NO. 7 26 Mayor Fisher thanked Mattel for our Tree and their continued support of the City and thanked the Chamber for their work on the annual Holiday parade. Merry Christmas and Happy New Year to all. 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. None MEMORIALS — None ADJOURNMENT at 7:35 PM Tracy Weaver, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING December 17, 2013 PAGE NO. 8 27 EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2014 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the El Segundo Senior Housing Corporation 2014 Annual Budget for the Park Vista Apartments located at 615 East Holly Street. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Approve the 2014 Park Vista Budget; or 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. 2014 Park Vista Budget FISCAL IMPACT: N /A— No General Fund Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A PREPARED BY: Meredith Petit, Recreation Superintendent REVIEWED BY: Bob Cummings, Director of Rec tion and Parks APPROVED BY: Greg Carpenter, City Manager BACKGROUND & DISCUSSION: On Wednesday, December 19, 2013, the El Segundo Senior Housing Corporation Board of Directors approved the 2014 Annual Budget (see summary below) for the Park Vista Apartments located at 615 East Holly Street. The increases in expenses are primarily due to general building maintenance, insurance premium increases, and utilities. Operating Budget Annual Comparison W 2013 2014 Variance Increase /Decrease $ 363,250 $ 387,490 $ 24,240 0.67% -Expenses Revenue $ 586,017 $ 592,064 $ 6,047 1.03% Net Income $ 222,767 1 $ 204,574 18,193 - 8.17% W O CL d 0 tm 0 m N 0) B 7 m Q N O O` N O N C N N ❑ E O c ° � a _ V ` m y ' O d d (o d IL o a` m' <V O H O N V (0 y O N O Z O N U O V O N CL N U) p N O 7 Q v O N 3 v O N C O N T CO 2 O N I� O N f0 1 O N 0 LL 0 0 w 0 w o 0 0 CD v o o in )n Ono W � V O O CD O ; O O 0 O 0 n M O Cb M CO O) 't v � O O O O O O I- o n n C7 O W M 00 0) v CD °O O O O LO M COD Ono M W O v On O � r M O O M CO 0) O O O O O O O O M (OO W M CO O v v � O O O O O O M O cq M 00 CA O O O O M O CD CC M CO O v v � O O CJ O O O I- O n n M O 00 M 00 O) Vv O O Cl O CD i OC M 00 0) O � O C7 O O (n Cl (°n nm M v v O O O O N O N LO �Y O CA M r ao O O O O O v co 0 O (D LO N O O O v N O O v LO N O O O v N O O O N O O v v O v N O O O N O O O v N O O O N O O O N O O O O M N C) O 0 (A O O O O n O O � 0 O O O O N O N M O 0 w C N WN m N 1 I- O O N O (D r r M N M M O M V r O Cn V r M v n 00 r M (0 O N r O O Cl) O O r 7 (� O07 n' 00 J N C dr C N CU IL r w EL <V O H O N V (0 y O N O Z O N U O V O N CL N U) p N O 7 Q v O N 3 v O N C O N T CO 2 O N I� O N f0 1 O N 0 LL 0 0 w 0 w o 0 0 CD v o o in )n Ono W � V O O CD O ; O O 0 O 0 n M O Cb M CO O) 't v � O O O O O O I- o n n C7 O W M 00 0) v CD °O O O O LO M COD Ono M W O v On O � r M O O M CO 0) O O O O O O O O M (OO W M CO O v v � O O O O O O M O cq M 00 CA O O O O M O CD CC M CO O v v � O O CJ O O O I- O n n M O 00 M 00 O) Vv O O Cl O CD i OC M 00 0) O � O C7 O O (n Cl (°n nm M v v O O O O N O N LO �Y O CA M r ao O O O O O v co 0 O (D LO N O O O v N O O v LO N O O O v N O O O N O O v v O v N O O O N O O O v N O O O N O O O N O O O O M N C) O O O o o O o o O O o o O O O O O o O O o o rn o 0 0 0 o O o O O o O o . 0 0 0 o rn o o O o 0 0 0 o O O o 0 0 0 0 o rn o o r- 0 0 0 0 0 o m 0 0 o LQ o C Clt O O o C C C o a rl In v_ r O t N n r I- O N W n co N v N r co r :;� r r r N M CO 0 O O M O O O M O O M O O M M 0 O O O O M O O O M O O M O O CO M CD 0 O O M O O O M O CO M O O O 00 f0 O to Il- O M O co O w O O O O O M Cl M r O O O O N CO N r co r N r r N M COO (00 O O M O O O Ci O COD M O O OMO M q co 0 O O M O O O M O CO M O O O W O W CD I- O M O 00 O 00 O O m O (0 M O M r O O O O N Cl) N r (0 — N r — N Cl) O (D O O M O O O M O O M O O Cl) co co O (0 O O M O O O M O O M O O M M O O O O Cl) O O O Cl) O O M O O O co O O) O n O M O co O 00 O O O O fD M O M r O O v O O N co N r (D N r r N M COD q O O M O O O M O CO M O O 0M0 M (p O O) O O M O O O M O M O O O W 0 I- O M O co O O O O O O O M O M (n O O O N M O N r (0 — N — r N Cl) to 0 O O M O O O co O co M O O Cl) M CO (0 O O O M O O O M O O M O O 00 M O CD O O M O O O M O O M O O O O O O) (D I- O M O W O CO O O O O O M O M — O C st O O N M N r (D r N r r N M (D O O O Cl) O O O M O co M O O Cl) M co (O (0 O O M O O O M O O M O O M M CD (0 (n O Cl) O O O Cl) O O Cl) O O O W (0 O O n O M O co O 00 O O O O (0 M O M r O O O O N M N r co r N r r N M co (D O O M O O O M O O M O O M M O CO O O O M O O O M O (D M O O W M O . . 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Project No. PW 13 -23 (Fiscal Impact: $210,000.00) RECOMMENDED COUNCIL ACTION: Authorize the City Manager to execute a standard Public Works Contract, in a form approved by the City Attorney, with Southwest Pipeline & Trenchless Corp. in the amount of $186,515.00. 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Map of Project Area FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $1,000,000 for sewer repairs Additional Appropriation: No Account Number(s): 502- 400 - 8204 -8647 (Sewer Enterprise Fund) ORIGINATED BY: Lifan Xu, Principal Engineer L REVIEWED BY: Stephanie Katsouleas, Public Wo s Director^ APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: In 2010, Advanced Sewer Technologies (AST) conducted a video inspection and conditional assessment on the City's sanitary sewer collection system's pipes and manholes. The Conditional Assessment Report found broken pipes, fractures, offsets and various other deficiencies throughout the system. Staff uses the AST report to serve as its guidance document for prioritizing the City's highest sewer repair and replacement needs annually. Based on the AST report's findings, over the last two years staff has already implemented $1,052,044.08 worth of open trench and sewer lining projects at various locations throughout Smokey Hollow and Maple Ave. Please note that staff evaluates the condition of each priority segment of sewer mains prior to developing plans and specifications to determine which segments can be lined and which segments are in need of full replacement (e.g., open trench). This, in turn, allows us implement the best possible options in the most cost - effective manner. Staff is now ready to proceed with tenchless improvements, predominantly in the western residential areas of El Segundo (see attached map). Trenchless repair (lining) is an inexpensive and effective repairing method for deficiencies in pipes that are still structurally sound but have been compromised and leak. 31 On November 19, 2013, that City Council adopted plans and specifications for the Trenchless Sewer Improvement (Project No. PW13 -23) and authorized staff to advertise the project for receipt of construction bids. On December 17, 2013, the City Clerk received and opened three (3) bids as follows: 1. Southwest Pipeline & Trenchless Corp. $186,515.00 2. Repipe California LP $199,944.00 3. Sancon Engineering Inc. $206,916.00 The lowest responsible bidder was Southwest Pipeline & Trenchless Corp. Staff checked references and the contractor's license status. Southwest Pipeline & Trenchless Corp. has satisfactorily completed similar or larger projects for many other public agencies. Staff recommends that City Council award a standard public works contract to Southwest Pipeline & Trenchless Corp. in the amount of $186,515.00 and approve an additional $23,485.00 for construction - related contingencies. Staff estimates the following timeline for the project: February, 2014 Start Construction May, 2014 Complete Project Once we have finalized plans and specifications for the second phase of the annual sewer main repairs (i.e., open trenching), we will seek City Council approval to commence bidding using the remaining budget allocated to the 2013 -14 sewer improvement project. 32 O8 e o rt° a CD y. r � o C� N IF- 7—: • � A�! � �I�J Q� QI I .. �Y fgWOx'P Q . P U-21 Fil fEOM R 0 F -I - VI, Huu o�o0�s o0 El= 0 SP F-L E. w�GlpM �r 0 x � cr 6 � 33 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: January 21, 2014 AGENDA HEADING: Consent Agenda Consideration and possible action regarding updating the contract between the City and Public Agency Retirement System (PARS) to reflect the current rate for the SPEA additional retirement annuity. RECOMMENDED COUNCIL ACTION: 1. Authorize the Director of Finance to execute the legal and administrative service documents necessary to amend the current employee contribution rates on behalf of the City; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. ATTACHMENT A: City of El Segundo PARS Retirement Enhancement Plan — Supervisory and Professional Employee Association FISCAL IMPACT: n/a. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Angelina Garcia, Fiscal Services Man_ ager REVIEWED BY: Deborah Cullen, Director of Finance CA APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: On September 1, 2008, the City entered into an agreement with the El Segundo SPEA bargaining unit which provided this unit with the PARS .5 @ 55 Retirement Enhancement Formula as a supplement to the City's 2% @ 55 Public Employees Retirement System Formula for non - safety employees. Eligible members of the SPEA bargaining unit were identified as those who: 1. Are full -time miscellaneous employees of the city, on or after August 5, 2008' 2. Are 55 years of age or older; 3. Have completed 15 years of continuous service with the City of El Segundo as of the last day of employment with the City; 4. Have terminated employment with the City while represented by SPEA on or after September 2008, and concurrently retire under Ca1PERS; and 5. Have applied for benefits under the plan. 34 At the time this plan was established, the cost of the PARS Supplemental Retirement Benefit was agreed to be shared between the City, as the employer, and the covered employees. The cost to the covered employees at the inception of the plan was 1% of their total annual pay and the cost to the City was approximately 2 %. On October 11, 2012, an agreement was reached by the City and the SPEA bargaining unit whereby employees in this bargaining unit agreed to pay 100% of the required PARS contribution. Under this same agreement, members also agreed to be responsible for any future increases. In addition, the plan was closed and is no longer available to new bargaining unit members. The total contribution at the time of the agreement was approximately 5.2% of total annual pay. In November of 2013, staff received the most recent actuarial valuation for this plan (Attachment A), which notes an increase in the contribution rate from 5.2% to 7.2% of total annual pay. Based on the current agreement with SPEA, the City will amend the current contract with PARS to reflect the change in rate to be paid by the bargaining group. -2- 35 ' 0,�. CITY OF EL SEGUNDO PARS RETIREMENT ENHANCEMENT PLAN Supervisory and Professional Employee Association June 30, 2012 Actuarial Valuation Final Results Presented by John E. Bartel, President Prepared by Bianca Lin, Assistant Vice President & Actuary Michelle Shen, Actuarial Analyst Tak Frazita, Associate Actuary Bartel Associates, LLC December 9, 2013 CONTENTS i I Topic Page Benefit Summary 1 Data Summary 3 Assets 7 Actuarial Assumption Highlights 13 Actuarial Methods 17 Results 19 Impact of City Paying 9/30/13 Retiree Liability 30 GASB Statement No. 68 31 Actuarial Certification I 32 Exhibits 35 (111 { 0 1 C: \Users \blin \Clicnls \City ofE1 Segundo\PARS \2012\Reporl\BA City of El Segundo 13 -12 -09 PARS REP 12 -06 -30 M al resulls docx 36 1 BENEFIT SUMMARY • Effective Date ■ October 1 2008 • Eligibility ■ Supervisory and Professional employees who retire from the City 11/3/12) under Ca1PERS on or after September 30, 2008 ■ None Benefit ■ Age 55 with 15 years of continuous City service • Termination Benefit ■ Full -time employees in the group between August 5, 2008 and • Disability Benefit October 1, 2012 • Pre - Retirement • Retirement ■ Target of 2.5 % @55 less CalPERS 2 % @55 _ • Cost of Living Benefit ■ City service from City hire date • Normal Form of ■ Net Benefits Benefit Ret Age 2.5%255 2%255 Net Contributions 55 2.500% 2.000% 0.500% ■ Effective 11/3/12 — Employees contribute full PARS cost 56 2.500% 2.052% 0.448% 57 2.500% 2.104% 0.396% 58 2.500% 2.156% 0.344% 59 2.500% 2.210% 0.290% 60 2.500% 2.262% 0.238% 61 2.500% 2.314% 0.186% 62 2.500% 2.366% 0.134% 63+ 2.500% 2.418% 0.082% 1) December 9, 2013 BENEFIT SUMMARY • Final Pay ■ Highest consecutive 12 -month pay ■ PERSable pay including EPMC (7% before 11/3/12, 4% after 11/3/12) • Early Retirement ■ None Benefit ■ None, except refund of employee contribution with 4.25% interest • Termination Benefit • Disability Benefit ■ None ■ Eligible to retire • Pre - Retirement Death Benefit ■ 100% joint- and - survivor option _ • Cost of Living ■ 2% after retirement Increases • Normal Form of ■ Single life annuity Benefit • Employee ■ Prior to 11/3/12 —Employee contributed 1% of PERSable pay Contributions including EPMC ■ Effective 11/3/12 — Employees contribute full PARS cost ■ Refunded upon termination prior to eligibility L] December 9, 2013 E-1 37 DATA SUMMARY Active Participant Statistics Includes 5 RS1 employees with total payroll $473,000. 2 employees expected to retire after 10/1/08 was included in the active data. Projected forward 1.75 years to the middle of 2011/12 fiscal year for the 6/30/10 valuation and 2.25 years to the middle of 2013/14 fiscal year for the 6/30/12 valuation. 1) December 9, 2013 3 DATA SUMMARY 1. l Retiree Participant Statistics 6/30/08 6/30/10 6/30/12' • Count 342 33 33 • Average Age 44.6 45.0 45.4 • Average City Service 11.1 9.5 10.6 • Average Benefit Service 11.1 9.1 10.5 • Annual PERSable Payroll • Average $ 88,579 $ 99,628 $ 104,167 • Total (000's) 3,012 3,288 3,437 • Projected Total Pay (OOOs)3 2,925 3,477 3,544 Includes 5 RS1 employees with total payroll $473,000. 2 employees expected to retire after 10/1/08 was included in the active data. Projected forward 1.75 years to the middle of 2011/12 fiscal year for the 6/30/10 valuation and 2.25 years to the middle of 2013/14 fiscal year for the 6/30/12 valuation. 1) December 9, 2013 3 DATA SUMMARY 1. l Retiree Participant Statistics I December 9, 2013 El-:-� Wz 6/30/08 6/30/10 6/30/12 z ■ Count - 3 4 • Average Age n/a 61.8 63.0 • Average Retirement Age n/a 60.6 60.3 • Average Monthly Benefit n/a $ 675 $ 635 I December 9, 2013 El-:-� Wz DATA SUMMARY i Participation Reconciliation December 9, 2013 DATA SUMMARY Active by Age and Benefit Service C Active 33 Retiree Total • June 30, 2010 3 36 • Terminations (3) - (3) • New retirees (1) 1 - • New hires 4 - 4 • June 30, 2012 33 4 37 December 9, 2013 DATA SUMMARY Active by Age and Benefit Service C P, �� December 9, 2013 E 39 Benefit Service Age Under 1 1 -4 5 -9 10 -14 15 -19 20 -24 25 & over Total Under 25 - - - - - - - - 25 -29 - - - - - - - - 30 -34 1 3 2 - - - - 6 35 -39 1 2 1 - - - - 4 40 -44 - 2 1 - - - - 3 45 -49 - 1 - 2 1 2 1 7 50 -54 1 3 1 2 - 1 2 10 55 -59 - 1 - - - 1 - 2 60 -64 - - - - - 1 - 1 65 & Over - - - - - - - - Total 3 12 5 4 1 5 3 33 P, �� December 9, 2013 E 39 ASSETS Actuarial Value of Plan Assets Years from 7/1 to 6/30 ASSETS Projected 2011/12 2012/13 9/30/13 • AVA (Beginning of Year) $ 275,707 $ 447,764 $ 630,651 • Expected AVA (End of Year) 446,283 623,160 Market Value of Plan Assets • MVA (End of Year) 453,685 660,615 706,754 • 115 of (MVA - Expected AVA) Years fro_ m 7/1 to 6/30 7,491 6,118 • Preliminary AVA 447,764 Projected 682,282 • Minimum AVA (80% of MVA) Projected 528,492 565,403 • Maximum AVA (120% of MVA) 544,422 2011/12 848,105 2012/134 9/30/135 630,651 • Beginning of Year Balance $ 295,904 $ 453,685 $ 660,615 • Contributions 180,614 182,547 45,637 • Benefit Payment (30,156) (37,022) (9,255) • Expenses (1,860) (2,755) (689) • Earnings 9,183 64,160 10,447 • End of Year Balance 453,685 660,615 706,754 • Approximate returns • Gross 2.5% 12.2% n/a • Expenses 0.5% (0.5 %) n/a • Net 2.0% 11.7% n/a a Projected period of 6/1/13 to 6/30/13 using 5.75% investment return assumption. Projected period of 711//13 to 9/30/13 using 5.75% investment return assumption. Does not include investment expenses. 7E MFZM € December 9, 2013 7 Iw ASSETS Actuarial Value of Plan Assets �3 I December 9, 2013 8 WE Years from 7/1 to 6/30 Projected Projected 2011/12 2012/13 9/30/13 • AVA (Beginning of Year) $ 275,707 $ 447,764 $ 630,651 • Expected AVA (End of Year) 446,283 623,160 676,164 • MVA (End of Year) 453,685 660,615 706,754 • 115 of (MVA - Expected AVA) 1,480 7,491 6,118 • Preliminary AVA 447,764 630,651 682,282 • Minimum AVA (80% of MVA) 362,948 528,492 565,403 • Maximum AVA (120% of MVA) 544,422 792,738 848,105 • AVA (End of Year) 447,764 630,651 682,282 • Approximate Annual Return 6.2% 7.2% n/a �3 I December 9, 2013 8 WE $500,000 $400,000 $300,000 $200,000 $100,000 $0 ASSETS Historical Assets 6/30/08 6/30/09 6/30/10 6/30/11 6/30/12 —MVA —f -AVA 80 %MVA 120 %MVA (17 �, December 9, 2013 9 ASSETS Historical Asset Returns /V-/O 15% 10% 0% (5 %) ✓f; r i r _ 08/09 09/10 10 /11 11/12 12/13 f MVA 12.6% 6.8% 6/30/08 6/30/09 6/30/10 6/30/11 6/30/12 —MVA —f -AVA 80 %MVA 120 %MVA (17 �, December 9, 2013 9 ASSETS Historical Asset Returns /V-/O 15% 10% 0% (5 %) 08/09 09/10 10 /11 11/12 12/13 f MVA 12.6% 6.8% 15.8% 2.0% 11.7% Expected Retuml 6.0% 6.0% 5.8% 5.8% 5.8% -f•AVA 7.2% 6.5% 8.0% 6.2% 7.2% fi V December 9, 2013 10 41 ASSETS PARS Fund Options 1 December 9, 2013 I1 ASSETS f L Asset Return Assumptions Confidence Level Moderately 55% Moderately 6.50`!❑ 6.25% Aggressive Moderate Conservative Conservative ■ Target Allocation 5.75% ■ Recommended Assumption 5.75% • Equity 60% 50% 30% 15% • Fixed Income 35% 45% 65% 80% • Cash 5% 5% 5% 5% • Total 100% 100% 100% 100% 6.88% 6.48% 5.67% • Median Return 5.00% • Discount Rate • 50% Confidence Level 7.00% 6.50% 5.75% 5.00% • 55% Confidence Level 6.50% 6.25% 5.50% 4.75% • 60% Confidence Level 6.25% 6.00% 5.25% 4.50% 1 December 9, 2013 I1 ASSETS f L Asset Return Assumptions Confidence Level 50% 55% • Net Return after Expenses 6.50`!❑ 6.25% • Plan Non - Investment Expense 0,50❑/❑ (0.50%) • Net Return 6.00% 5.75% ■ Recommended Assumption 5.75% )n expected long term non investment expenses. December 9, 2013 12 � •I W ACTUARIAL ASSUMPTION HIGHLIGHTS Assumption 6/30/10 Valuation 6/30/12 Valuation • Valuation Date ■ 6/30/10 ■ 6/30/12 ■ 2011 /12 and 2012 /13 ARCs ■ 2013/14 and 2014/15 ARCs (10 /1 through 9/30) ■ 50% Confidence Level: (10 /1 through 9/30) ■ 55% Confidence Level: • Discount Rate • 6.75% before expenses • 5.75% after expenses • 5.75% after expenses ■ 5.25% & 6.25% for ■ 5.25% & 6.25% for sensitivity sensitivity a Includes investment and non investment expenses. December 9, 2013 13 ACTUARIAL ASSUMPTION HIGHLIGHTS Assumption 6/30/10 Valuation 6/30/12 Valuation • Mortality ■ CalPERS 1997 -2007 ■ CalPERS 1997 -2007 Experience Study Experience Study ■ Mortality improvement projection Scale AA. Sample annual longevity increases: Age Male Female 50 1.8% 1.7% 60 1.6% 0.5% 70 1.5% 0.5% 80 1.0% 0.7% • Termination ■ CalPERS 1997 -2007 ■ RSI employees: Experience Study • 100% termination in 2020 ■ Others: CalPERS 1997 -2007 Experience Study (7) December 9, 2013 14 43 ACTUARIAL ASSUMPTION HIGHLIGHTS Assumption 6/30/10 Valuation 6/30/12 Valuation ■ Service ■ Ca1PERS 1997 -2007 ■ Ca1PERS 1997 -2007 Retirement Experience Study Benefit: Experience Study Benefit: Modified 2.5%@55 Modified 2.5 % @55 • Adding 1/3 of sum of the ■ Adding 1/3 of sum of the rates for ages 50 -54 to the rates for ages 50 -54 to the rate for age 55 rate for age 55 • ERA z 59.2 ■ ERA z 59.3 Afth December 9, 2013 15 ACTUARIAL ASSUMPTION HIGHLIGHTS This page intentionally blank 1-694 December 9, 2013 16 0 M" ACTUARIAL METHODS Method 6/30/10 Valuation 6/30/12 Valuation • Cost Method ■ Entry Age Normal Level % ■ Same Period Payroll (closed) period beginning ■ Same • Actuarial Value ■ Investment gains and losses of Assets spread over a 5 -year rolling on 9/30/13) period ■ Gains/Losses - 15 -year fixed ■ Not less than 80% nor more (closed) period than 120% of market value ■ Plan Amendments, Method ■ Same as Ca1PERS, but & Assumption Changes - 15- shorter eriod year fixed closed eriod • Amortization ■ Level percent of payroll ■ Level dollar Method ■ Plan closed to new hires after 10/1/12 lz. I December 9, 2013 17 ACTUARIAL METHODS Method 6/30/10 Valuation 6/30/12 Valuation • Amortization ■ Initial UAAL - 20 -year fixed ■ Initial UAAL - 20 -year fixed Period (closed) period beginning (closed) period beginning 2008/09 (17 years remaining 2008/09 (15 years remaining on 9/30/11) on 9/30/13) • Gains /Losses - 15 -year fixed ■ Gains/Losses - 15 -year fixed (closed) period (closed) period • Plan Amendments, Method ■ Plan Amendments, Method & Assumption Changes - 15- & Assumption Changes - 15- year fixed (closed) period year fixed closed eriod • Future New ■ Closed group, no new hires ■ Same Entrants (17 December 9, 2013 18 RESULTS Benefit Obligations (Amounts in 000's) I 9 Employee contribution rates are 1 %before 11/3/12 and 5.2 %effective 11/3/12. December 9, 2013 19 RESULTS Historical Funded Status $2,000 $1,800 $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $0 10/1/08 6/30/10 6/30/12 ORetireeAAL =ActiveAAL -i--AVA —A MVA f.l December 9, 2013 20 IIiz i 46 6/30/10 Valuation 6/30/12 Valuation 5.75% 5.75% Actual _ Projected Projected Actual 6/30/10 9/30/11 6/30/12 9/30/13 • Present Value of Proj. Benefits • Actives $ 1,823 $ 2,347 • Retirees 433 527 • Total • PV of EE Contrib.9 2,256 362 2,874 (1,757) • Additional EE PVPB 1,894 1,117 • Actuarial Accrued Liability • Actives 1,023 1,370 • Retirees 433 527 • Total 1,456 $ 1,619 1,897 $ 2,114 • Actuarial Value of Assets 183 299 448 682 • Unfunded Liability 1,273 1,319 1,449 1,432 • Normal Cost 78 n/a 106 9 Employee contribution rates are 1 %before 11/3/12 and 5.2 %effective 11/3/12. December 9, 2013 19 RESULTS Historical Funded Status $2,000 $1,800 $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $0 10/1/08 6/30/10 6/30/12 ORetireeAAL =ActiveAAL -i--AVA —A MVA f.l December 9, 2013 20 IIiz i 46 RESULTS Gains/Losses Analysis (Amounts in 000's) • June 30, 2010 Actual Value • September 30, 2013 Expected Value • Experience (Gains)/Losses: • Pay increased more than expected • Demographic & Other • Assumption Changes • Projected mortality improvement • EPMC reduced from 7% to 4% • Liability (Gains)/ Losses • Asset Gains /(Losses) • Total (Gains)/Losses • September 30, 2013 Projected Value R December 9, 2013 AAL Assets UAAL $ 1,456 1,899 $ 183 637 $ 1,273 1,262 7 161 90 (43) 215 45 170 2,114 682 1,432 21 0 RESULTS Annual Pension Cost (Amounts in 000'-,1 10 4 Level percentage of payroll amortization for 2011/12 and 2012/13. Level dollar amortization for 2013/14 and 2014/15. l l December 9, 2013 22 1 47 6/3_0/10 Valuation 6/30/12 Valuation 5.75% 5.75% 2011/12 2012/13 2013/14 2014/15 • Annual Pension Cost • Total Normal Cost $ 78 $ 81 $ 106 $ 106 • UAAL Amortization10 102 106 149 1 149 • Total 180 186 256 256 • EE Contributions -35_1 (36) (184) 185 • Additional EE Contribution 146 150 71 71 • Projected Payroll 3,477 3,590 3,544 3,561 • Annual Pension Cost - % • Total Normal Cost 2.2% 2.2% 3.0% 3.0% • UAAL Amortization 2.9% 2.9% 4.2% 4.2% • Total 5.2% 5.2% 7.2% 7.2% • EE Contributions 1.0% 1( 0 %) 5.2% 5.2% • Additional EE Contribution 4.2% 1 4.2% 2.0% 1 2.0% 10 4 Level percentage of payroll amortization for 2011/12 and 2012/13. Level dollar amortization for 2013/14 and 2014/15. l l December 9, 2013 22 1 47 RESULTS Amortization Bases (Amounts in 000's) 67 AgRtk December 9, 2013 23 NW RESULTS Amortization Payments (Amounts in 000's) 6/30/10 Valuation 6/30/12 Valuation 9/30/11 9/30/12 9/30/13 9/30/14 ■ Outstanding Balance 2014/15 • Initial UAAL $ 883 $ 868 $ 849 $ 812 2010 Valuation (Gains)Losses 436 425 412 390 2012 Valuation (Gains)Losses - - 171 163 • Total 1,319 1,293 1,432 1,365 67 AgRtk December 9, 2013 23 NW RESULTS Amortization Payments (Amounts in 000's) Level percentage of payroll amortization for 2011/12 and 2012/13. Level dollar amortization for 2013/14 and 2014/15 - December 9, 2013 24 48 6/30/10 Valuation 6/30/12 Valuation 2011/12 2012/13 2013/14 2014/15 ■ Amortization Payment" • Initial UAAL $ 66 $ 68 $ 86 $ 86 2010 Valuation (Gains)Losses 36 37 46 46 2012 Valuation (Gains)Losses - - 17 17 • Total 102 16.3 �� 106 15.3 149 149 13.4 ■ Average Amortization Years 14.4 Level percentage of payroll amortization for 2011/12 and 2012/13. Level dollar amortization for 2013/14 and 2014/15 - December 9, 2013 24 48 RESULTS 20 -Year Projection Level $ Amortization Method (Amounts in 000's) FYE Total Cost Projected Pay EE Contr. as % of Pav FYE Total Cost Projected Pay EE Contr. as % of Pay 9.9% 2014 $ 256 $ 3,544 7.2% 2024 $ 214 $ 2,165 2015 256 3,561 7.2% 2025 208 1,974 10.6% 2016 255 3,539 7.2% 2026 204 1,836 11.1% 2017 254 3,498 7.3% 2027 155 1,711 9.0% 2018 253 3,454 7.3% 2028 151 1,576 9.6% 2019 251 3,398 7.4% 2029 43 1,441 3.0% 2020 250 3,157 7.7% 2030 39 1,302 3.0% 2021 242 2,508 8.9% 2031 36 1,203 3.0% 2022 224 2,483 9.0% 2032 33 1,103 3.0% 2023 220 2,361 9.3% 2033 29 978 3.0% E3 December 9, 2013 25 RESULTS I- 20-Year Projection (Level % of Pav Amortization Method) (Amounts in 000's) FYE Total Cost Projected Pav 2014 $ 287 $ 3,544 2015 289 3,561 2016 287 3,539 2017 284 3,498 2018 280 3,454 2019 275 3,398 2020 256 3,157 2021 203 2,508 2022 201 2,483 2023 191 2,361 i December 9, 2013 E m'. EE Contr. as % of Pay FYE Total Cost Projected Pay EE Contr. as % of Pay 8.1% 2024 $ 175 $ 2,165 8.1% 8.1% 2025 160 1,974 8.1% 8.1% 2026 149 1,836 8.1% 8.1% 2027 113 1,711 6.6% 8.1% 2028 104 1,576 6.6% 8.1% 2029 43 1,441 3.0% 8.1% 2030 39 1,302 3.0% 8.1% 2031 36 1,203 3.0% 8.1% 2032 33 1,103 3.0% 8.1% 2033 29 978 3.0% 26 0 M! RESULTS Interest Rate Sensitivity (Amounts in 000's) 113 27 0 RESULTS This page intentionally blank 1691 December 9, 2013 28 49 50 5.25% 5.75% 6.25% ■ Funded Status @ 6/30/12 • Actuarial Accrued Liability $ 2,044 $ 1,897 $ 1,764 • Actuarial Value of Assets 448 448 448 • Unfunded Liability 1,596 1,449 1,316 ■ 2013/14 Annual Pension Cost - $ • Total APC 277 256 236 • EE Contributions 184 184 184 • Additional EE Contribution 92 71 51 ■ 2013/14 Annual Pension Cost - % • Total APC 7.8% 7.2% 6.7% • EE Contributions 5.2% 5.2% 5.2% • Additional EE Contribution 2.6% 2.0% 1.5% 113 27 0 RESULTS This page intentionally blank 1691 December 9, 2013 28 49 50 IMPACT OF CITY PAYING 9/30/13 RETIREE LIABILITY ■ Total employee contribution rates: 7.2% ■ If City pays off 9/30/13 retiree liability • Estimated 9/30/13 retiree liability z$584,000 • Total employee contribution rate reduced from 7.2% to 5.5% 67 1) December 9, 2013 29 IMPACT OF CITY PAYING 9/30/13 RETIREE LIABILITY I E--, : 20 -Year Proiection (Assumes City Pays 9/30/13 retiree liability) (Amounts in 000's) FYE Total Cost Projected Pay EE Contr. as % of Pay FYE Total Cost Projected Pa EE Contr. as % of Pa 2014 $ 196 $ 3,544 5.5% 2024 $ 155 $ 2,165 7.1% 2015 197 3,561 5.5% 2025 149 1,974 7.5% 2016 196 3,539 5.5% 2026 145 1,836 7.9% 2017 195 3,498 5.6% 2027 95 1,711 5.6% 2018 193 3,454 5.6% 2028 91 1,576 5.8% 2019 192 3,398 5.6% 2029 43 1,441 3.0% 2020 184 3,157 5.8% 2030 39 1,302 3.0% 2021 165 2,508 6.6% 2031 36 1,203 3.0% 2022 164 2,483 6.6% 2032 33 1,103 3.0% 2023 161 2,361 6.8% 2033 29 978 3.0% 0 Assumes retiree liability paid off prior to 9/30/13. December 9, 2013 30 0 51 GASB STATEMENT NO. 68 • Pension accounting changes issued 6/25/12: • Effective for 2014 /15 fiscal year for CaIPERS and PARS plans • Fundamental changes: • Delinks contributions and accounting • Unfunded liability recognition drives expense • Major issues: • Unfunded liability on balance sheet • Lower discount rate if projected assets do not cover projected benefit payments • Immediate recognition of. ❑ Service & interest cost ❑ Benefit changes • Deferred recognition of: ❑ Gains /losses & assumption changes, over future working lifetime (average of active and inactive employees) closed period ❑ Asset gains /losses over 5 years • Entry age normal cost method required December 9, 2013 31 40 ACTUARIAL CERTIFICATION This report presents the City of El Segundo ( "City ") PARS Retirement Enhancement Plan ( "Plan") June 30, 2012 actuarial valuation. The purpose of this valuation is to: • Determine the 2013/14 and 2014/15 fiscal years contribution requirement. • Determine the June 30, 2012 Plan benefit obligations and funded status under Governmental Accounting Standards Board ( "GASB ") Statements 25 and 27, as amended by GASB 50. • Determine the Plan's June 30, 2012 Funded Status, and • Calculate the 2013/14 and 2014 /15 fiscal year Annual Pension Cost in accordance with GASB Statements 25, 27 and 50 Information provided in this report may be useful to the City for the Plan's financial management. Future valuations may differ significantly if the Plan's experience differs from our assumptions or if there are changes in Plan design, actuarial methods or actuarial assumptions. The project scope did not include an analysis of this potential variation. The valuation is based on Plan provisions, participant data, and asset information provided by the City as summarized in this report, which we relied on and did not audit. We reviewed the participant data for reasonableness. To the best of our knowledge, this report is complete and accurate and has been conducted using generally accepted actuarial principles and practices. Additionally, in our opinion, actuarial methods and assumptions comply with GASB 25, 27 and 50. As members of the American Academy of Actuaries meeting the Academy Qualification Standards, we certify the actuarial results and opinions herein. Respectfully submitted, fz. John E. Bartel, ASA, FCA, MAAA President, Bartel Associates, LLC December 9, 2013 December 9, 2013 Bianca Lin, FSA, EA, MAAA Assistant Vice President & Actuary, Bartel Associates, LLC December 9, 2013 32 18 52 EXHIBITS Topic Actuarial Assumptions Definitions P, December 9, 2013 33 ACTUARIAL ASSUMPTIONS Page jjjat7e _ E -1 E-4 21] Assumption 6/30/10 Valuation 6/30/12 Valuation • Valuation Date ■ 6/30/10 ■ 6/30/12 ■ 2011 /12 and 2012 /13 ABCs ■ 2013/14 and 2014/15 ARCS 10 /1 throll h 9/30 (10 /1 through 9/30) • Investments ■ Moderate Hi hMark Plus ■ Same • Discount Rate ■ 50% Confidence Level: ■ 55% Confidence Level: • 6.75% before expenses 12 • 5.75% after expenses • 5.75% after expenses ■ 5.25% & 6.25% for ■ 5.25% & 6.25% for sensitivity sensitivity • General Inflation ■ 3.00% ■ Same • Salary Increases ■ Aggregate Increases - 3.25% ■ Same ■ Merit Increase - CalPERS 1997 -2007 Experience Stud " Includes investment and non investment expenses. P, December 9, 2013 E -1 53 ACTUARIAL ASSUMPTIONS Assumption 6/30/10 Valuation 6/30/12 Valuation • Mortality ■ Ca1PERS 1997 -2007 ■ Ca1PERS 1997 -2007 Retirement Experience Study Experience Study Modified 2.5 % @55 ■ Mortality improvement ■ Adding 1/3 of sum of the projection Scale AA. Sample rates for ages 50 -54 to the annual longevity increases: rate for age 55 Age Male Female ■ ERA z 59.2 50 1.8% 1.7% • Ca1PERS Service ■ City service plus 1/2 service 60 1.6% 0.5% between age 30 and City hire 70 1.5% 0.5% date 80 1.0% 0.7% • Termination ■ Ca1PERS 1997 -2007 ■ 5 RSI employees: terminate Experience Study in 2020. females ■ Others: Ca1PERS 1997 -2007 • Post retirement- ■ 2% Experience Study ■ Same • Normal Form of ■ Single Life Annuity Benefit adjustment 67 -1 December 9, 2013 E -2 ACTUARIAL ASSUMPTIONS L!3�� Assumption 6/30/10 Valuation 6/30/12 Valuation • Service ■ Ca1PERS 1997 -2007 ■ Ca1PERS 1997 -2007 Retirement Experience Study Benefit: Experience Study Benefit: Modified 2.5 % @55 Modified 2.5 % @55 ■ Adding 1/3 of sum of the ■ Adding 1/3 of sum of the rates for ages 50 -54 to the rates for ages 50 -54 to the rate for age 55 rate for age 55 ■ ERA z 59.2 ■ ERA zf 59.3 • Ca1PERS Service ■ City service plus 1/2 service ■ Same between age 30 and City hire date • Surviving Spouse ■ 80% married ■ Same ■ Males 3 years older than females • Post retirement- ■ 2% ■ Same cost of living adjustment December 9, 2013 E -3 I El 11 54 _ DEFINITIONS I Present Value of Projected Benefits (PVPB) Without Assets Curren) Norval Cost With Assets Fntu M1cAsseh Costs Unfunded AAL Current Normal Cost ■ PVPB - Present Value of all Projected Benefits • Discounted value, at measurement date (valuation date) of all future expected benefit payments. • Expected benefit payments based on various actuarial assumptions lZ I December 9, 2013 E -4 DEFINITIONS _771 v, ',ee., ■ AAL - Actuarial Accrued Liability / Actuarial Obligation • Discounted value at measurement date (valuation date) of benefits "earned" through measurement date based on actuarial cost method • Portion of PVPB "earned" at measurement ■ NC -Normal Cost • Value of benefits "earned" during current year • Portion of PVPB allocated to current year ■ Actuarial Cost Method • Determines how benefits are "earned" or allocated to each year of service • Has no effect on PVPB • Has significant effect on Actuarial Obligations and Normal Cost December 9, 2013 E -5 6 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: January 21, 2014 AGENDA HEADING: Consent Agenda Consideration and possible action regarding authorization for the City Manager to enter into a three -year agreement with Insight, as approved to form by the City Attorney, to provide Microsoft software support and upgrades in an amount not to exceed $188,213.90 (3 Years of $62,737.97 per year). (Fiscal Impact: $188,213.90) RECOMMENDED COUNCIL ACTION: (1) Authorize the City Manager to enter into a three -year service, maintenance and upgrade agreement, as approved to form by the City Attorney, with Insight in an amount not to exceed $188,213.90. (2) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Attachment A: Compucom quote Attachment B: Dell quote Attachment C: Insight quote FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $62,737.97 Additional Appropriation: No Account Number(s): $42,100.00 001 - 400 - 2505 -6217 Software Maintenance $20,637.97 601 - 400 - 2505 -8108 Equipment Replacement - Computer Hardware ORIGINATED BY: Larry Klingaman, Information Systems Manager REVIEWED BY: Mitch Tavera, Chief of Police � APPROVED BY: Greg Carpenter, City Manager/ BACKGROUND AND DISCUSSION: The City of El Segundo has installed and utilizes Microsoft software for most server systems. This software is used for Operating Systems, Email, Databases, and other server based applications. For each city employee that accesses these servers, Client Access Licenses are required. The current three year agreement with Microsoft for Core Server Licensing in the amount of $66,336.81 (three years of $22,112.27) expires on 1/31/2014. W Staff has negotiated a new three year agreement with Microsoft. This new agreement is broken up into three distinct parts. The breakdown for these sections follows below. 1. Desktop Licensing. 2. Core Server Licensing 3, Library Academic Pricing Desktop Licensing: $27,467.45 $32,192.53 $ 3,077.98 $62,737.97 per year As part of the Desktop Virtualization Project, licenses for desktop operating systems and Office Productivity Software are now included in the annual charges to departments. In the past, these licenses were included in the cost of purchasing new desktop equipment. As new hardware was purchased, new versions of software were acquired and funded through equipment replacement. This approach has led to a disjointed environment with most machines still on Windows XP and Office 2003. Moving forward, staff will acquire a subscription based license for the desktop operating system and office products. Windows 7 and Office 2013 will become the current city standard for all desktop machines. This approach will allow staff to migrate licenses between hardware as requirements change over time. Switching to this licensing model will also allow staff to install newer versions as they become available. This change adds $30,545.43 to the annual renewal cost through Microsoft. Offsetting this cost is the $33,000.00 reduction in Equipment Replacement charges for software. Core Server Licensing: This section shows the transition to a Datacenter licensing model which allows for unlimited server installs on our licensed systems. In the past, the City has used enterprise and standard versions of Microsoft server products in a one server, one license model. Staff completed the virtualization of most city servers approximately two years ago. We now have a small count of base servers that run all of our virtual servers, and an additional 10 servers that are not virtualized. Switching to an unlimited version of Windows Server for all of our base servers will cost the city an additional $6,902.24 (three years of $2,300.75) for this agreement due to license upgrade costs. In subsequent three year terms the City will save $5,015.20 (three years of $1,671.73). Standard Server Licensing Cost 10 Standard License $423.64 = $ 4,236.40 40 Standard License $423.64 = $16,945.60 $21,182.00 Datacenter Upgrade Licensing Cost 10 Standard Licenses $ 423.64 = $ 4,236.40 4 Datacenter Upgrade License $5,961.96 = $23,847.94 57 $28,084.24 Datacenter Recurring Cost 10 Standard Licenses $ 423.64 = $ 4,236.40 4 Datacenter License $2,982.60 = $11,930.40 $56,166.80 Library Academic Pricing: The third and final change is the utilization of the Academic Licensing options available to the Library. After research, staff detennined that the main Library, and all four satellite locations, are eligible for special pricing. Pricing for Desktops licenses are discounted at 60% and office software is discounted at 82 %. Taken together, these account for a savings of $25,882.85 (three years of $8,627.62) for the initial tree year term. Subsequent three year terms will show additional savings of $16,163.87 (three years of $5,387.96). Staff recommends the City Council authorize the City Manager to obtain three years of Microsoft support and maintenance from insight for a three year total cost not to exceed $188,213.90 (three years of $62,737.97). CompuCom -software quote Quoted by Mike Hawkins Com uCom 7171 Forest Lane Dallas TX 75230 Phone 858.527.8293 rnichael. hawk ins2 corn PLI coan.com Please fax your POs to Client Assistance Center at 800 - 366 -9994. You may call 800 -400- 9852, o tion 2, to check status on orders. Quoted to: City of Escondido Larry Klin aman Iklin aman -)else undo,or 310.524.2392 Date Issued 11912014 Enterprise Agreement Quote Important: Please provide the email address of the recipient designated to receive a CompuCom "order confirmation" Quantity Part # Description Unit Price Ext. Price 267 W06 -00446 Core CAL SA User CAL $ 35.65 $ 9,518.55 16 W06 -00445 Core CAL (L +SA) User CAL $ 72.74 $ 1,163.84 1 H04 -00268 Share ointServer SA $ 1,000.31 $ 1,000.31 4 T6L -00237 System Center Datacenter (IL +SA ) 2Proc $ 825.59 $ 3,302.36 4 P71 -07281 'WinSvrDatactr SASU) WinSvrStd 2Proc $ 1,810.70 $ 7,242.80 10 P73 -05898 Windows Server Standard SA 2Proc $ 129.78 $ 1,297.80 8 7NQ -00292 SQL Server Standard Core SA 2Lic CoreLic $ 527.55 $ 4,220.40 1 395 -02504 Exchange Server Ent (SA) $ 595.98 $ 595.98 100 3PS -00001 Exch OninKioskG ShrdSvrALNG SubsVL MVL PerUsr $ 15.84 $ 1,584.00 5 D86 -01175 'Visio Standard (L +SA ) $ 91.44 $ 457.20 5 076 -01776 Project Standard (L +SA) $ 206,60 $ 1,033.00 215 4ZF -00019 VDA Subscription Per Device $ 56.50 $ 12,147.50 Product -total $ 43,563.74 Sub -Total $ 43,563.74 0 Tax ESD - nontaxable ((Juwifload-only EA agrc;€ In ant option) $ - Shipping No Charge Total Your 1st Annual Installment Payment $ 43,563.74 3 Year Total $ 130,691.22 Pass - Through Warranty and Other Rights. As a reseller, end -user warranties and liabilities (with respect to any third party hardware and software products provided by CompuCom) shall be provided as a pass- through from the manufacturer of such products. All software products are subject to the license agreement of the applicable software supplier, as provided with the software packaging or in the software at time of shipment, 59 CompuCom - software cluote Quoted by Mike Hawkins. CompuCom 7171 Forest Lane, Dallas TX, 75230 Phone 858 - 527' -8293 michael.hawkins2 com ucom.com Please fax your POs to Client Assistance Center at 800 - 366 -9994. You may call 800 -400- 985Z o tion 2, to check status on orders. Quoted to: City of Escondido Larry Klin aman Win aman elseaundo.org 310.524.2392 Date Issued 11912014 Microsoft Select Plus Agreement Quote Important. Please provide the email address of the recipient designated to receive a CompuCom "order confirmation" Quantity Part # Descri Pion Unit Price Ext. Price 119 021 -05339 Office Standard(L +SA) $ 458.51 $ 54,562.69 5 269 -0557 Office Professional Plus (L +SA) $ 625.95 $ 3,129.75 Product -total $ 57,692.44 Sub -Total $ 57,692.44 0 Tax ESO - nontaxable (download-only VL aclreetiient option) $ - Shipping No Charge Total $ 57,692.44 Pass - Through Warranty and Other Rights. As a reseller, end -user warranties and liabilities (with respect to any third party hardware and software products provided by CompuCom) shall be provided as a pass- through from the manufacturer of such products. All software products are subject to the license agreement of the applicable software supplier, as provided with the software packaging or in the software at time of shipment. •a Com uCom - software guote Quoted by Mike Hawkins Com uConn 7171 Forest Lane Dallas TX 75234 Phone 858 - 527 -8293 michaeI.hawkins2@cornpucom.com Please fax your POs to Client Assistance Center at 800 - 366 -9994. You may call 800 -400- 9852., option 2, to check status on orders. Quoted to: City of Escondido Library Larry Klin aman $Iln anian else undo.or 310.524.2392 Date Issued 11912014 Microsoft Select Plus - Academic Agreement Quote Important: Please provide the email address of the recipient designated to receive a Com uCom 'order confirmation" Quantity Part # Description Unit Price Ext. Price 50 021 -05331 Office Standard L +SA) $ 78.83 $ 3,941.50 65 4ZF -00019 'VDA Subscription Per Device (3 Yr total calculated) $ 80.05 $ 5,203.25 Product -total $ 9,144.75 Sub -Total $ 9,144,75 0 Tax FSD -nontaxable (download-only FA is reemont o ation) $ - Shipping No Charge Total $ 9,144.75 Pass - Through Warranty and Other Rights. As a reseller, end -user warranties and liabilities (with respect to any third party hardware and software products provided by CompuCom) shall be provided as a pass- through from the manufacturer of such products. All software products are subject to the license agreement of the applicable software supplier, as provided with the software packaging or in the software at time of shipment. 61 T O �nN Al - o ti � C ti� o� � o N M ^l l m C cv O,� c m c Q ti x a Hz r w. w cn z W p cn m Ln Ln ti Qo o O W W N w H r + c ar c 3 CY rr cu u u J J O h b N M o O ti M M eo o N �o O �n 2o 0 1p^Oi ^, 0 N r C O J Y N _ U_ d V W U CO r- N U > _ i a C c r 0 U. Qi m N C � d (� Q a '0 Z Z Q m (0 m W (� 4- L O CL L W Cu O (B ( N O O ^ ti O N b~ 0 0 0� O h .�. �. O Ci 0 i W O M O O 0 0 0 0 0 0 0 0 .0 O ai N h O i Q i E Z SD bL� En Q m m V W cn a a L O i CD r N ¢ V N Qe V 04 � J v Z_ C fn .� C �' C7 �' 0 q U Q a� w— �c i e e C� Z l� e a U a� d �'•— ch 'q iv CL Q C > U m L t6 *k w J E rC U ~U) cQ df �eQ Q s° N3 m 4 co p ¢ CO �O zwr _ a�� O T .0 V C C 'U �p .Oy v v V O-2 f6 .- N WWm� O O C dUUW 'O a G s C WV O O� V q��W�n�n�n�� •� >C O' �.� ti a d v T y C O a U H 7 s C C O N 63 o��000�MIII, �i hi i m hi�� . �rt,� tirn N 0 E 4 LnLn 00V -a-O Lr) 4) ti'Do �rero N � N to 7 �r C c M b b O�� M O N O b ti M M M M M O o� o ui ti 41 M OJ M �O M ti M O ti ti Gi ^i ti V a� a C 9�1 S� N N O b M 0 0 0 0 0 0 i 0.1 a a a N N rn ] ((� Q> V JC Q U Q Q V Q Q •C7 N a e V e Z M Q Q Ui 4 V Q Q Q`l Q L m lJ O J J 4 J✓ V J� C� (� r0 i Q �i^J N C Yi V� ,4p Q 4i W L > > V � V� (0 V o C WUV Q F. y C O a U H 7 s C C O N 63 City of El Segundo Microsoft Select Licensing nrollment# Sample Created by Jonathan Gold MiCI+SO ft- Customer# Sample •, State anti Local Government Pricing Quantky M r.,part Number Product Description Unit Price Total Unit Price 1 FUD -00956 CISDataCtr SNGL LicSAPk MVL 2Proc $ 9,114.19 $9,114.19 1 W06 -00427 Core CAL SNGL SA MVL UsrCAL $ 122.42 $122.42 1 395 -02505 ExchgSvrEntSNGLSA MVL $ 1,945.44 $1,945.44 1 5HU -00236 LyncSvr 2013 SNGL MVL $ 2,334.58 $2,334.58 1 5HU -00224 LyncSvrSNGL LicSAPk MVL $ 4,085.52 $4,085.52 1 5HU -00235 LVncSvr SNGL SA MVL $ 1,766.16 $1,766.16 1 79P -04712 0fficeProPlus 2013 SNGL MVL $ 325.37 $325.37 1 269 -05557 OfficeProPlus SNGL LicSAPk MVL $ 608.39 $608.39 1 269 -05708 OfficeProPlus SNGL SA MVL $ 285.48 $285.48 1 021 -10293 OfficeStd 2013 SNGL MVL $ 238.29 $238.29 1 021 -05339 OfficeStd SNGL LicSAPk MVL $ 445.65 $445.65 1 021 -05471 OfficeStd SNGL SA MVL $ 209.16 $209.16 1 076 -05292 Prjct 2013 SNGL MVL $ 360.70 $360.70 1 076 -01810 Prjct SNGL LicSAPk MVL $ 680.28 $680.28 1 076 -01920 Prjct SNGL SA MVL $ 316.44 $316.44 1 H30 -04037 PrlctPro 2013 SNGL MVL wlPrjctSvrCAL $ 601.13 $601.13 1 H30 -00255 PrjctPro SNGL LicSAPk MVL wlPrjctSvrCAL $ 1,133.76 $1,133.76 1 H30 -00256 PrjctPro SNGL SA MVL wlPrjctSvrCAL $ 527.40 $527.40 1 H04 -00269 SharePointSvr SNGL SA MVL $ 3,265.25 $3,265.25 1 7NQ -00301 SQLSvrStdCore SNGL SA MVL 2LIc CoreLic $ 1,722.03 $1,722.03 1 T9L -00232 SysCtrStd SNGL SA MVL 2Proc $ 423.64 $423.64 1 4ZF -00030 VDA SNGL SubsVL MVL PerDvc $ 194.51 $194.51 1 E9R -00011 VDIStew /MDOP SNGL SubsVL MVL PerDvc $ 42.47 $42.47 1 D86 -05323 VisioStd 2013 SNGL MVL $ 159.65 $159.65 1 D86 -01240 VisioStd SNGL LicSAPk MVL $ 301.08 1 $301.08 1 D86 -01252 VisioStd SNGL SA MVL $ 140.04 $140.04 1 P73 -05865 WinSvrStd SNGL SA MVL 2Proc $ 423.64 $423.64 1 P71 -07860 WinSvrDataCtr 2012R2 SNGL MVL 2Proc $ 3,976.68 $3,976.68 1 P71 -07304 WinSvrDataCtr SNGL LicSAPk MVL 2Proc $ 6,959.28 $6,959.28 1 P71 -07306 WinSvrDataCtr SNGL SA MVL 2Proc $ 2,982.60 $2,982.60 1 P71 -07305 WinSvrDataCtr SNGL SASU MVL WinSvrStd 2Proc $ 5,961.96 $5,961.96 Total $51,653.18 •, 65 Academic Pricing Quantity Mfr. Part Number Product Description 1 021 -05331 OfficeStd ALNG LicSAPk MVL 1 021 -05464 OfficeStd ALNG SA MVL 1 021 -10282 OfficeStd 2013 ALNG MVL 1 269 -05623 OfficeProPlus ALNG LicSAPk MVL 1 269 -05704 OfficeProPlus ALNG SA MVL 1 79P -04691 OfficeProPlus 2013 ALNG MVL 1 076 -01776 Prjct ALNG LicSAPk MVL 1 076 -01912 Prjct ALNG SA MVL 1 076 -05273 Prjct 2013 ALNG MVL 1 D86 -01175 VisioStd ALNG LicSAPk MVL 1 D86 -01253 VisioStd ALNG SA MVL 1 D86 -05324 VisioStd 2013 ALNG MVL 1 D87 -01057 VisioPro ALNG LicSAPk MVL 1 D87 -01159 VisioPro ALNG SA MVL 1 D87 -05984 VisioPro 2013 ALNG MVL 1 4ZF -00019 VDA ALNG SubsVL MVL PerDvc (3 yr total calculated) 65 •i Unit Prite Total Unit Price $ 78.83 $ 78.83 $ 36.72 $ 35.72 $ 42.11 $ 42.11 $ 97.19 $ 97.19 $ 45.17 $ 45.17 $ 52.02 $ 52.02 $ 119.22 $ 119.22 $ 55.45 $ 55.45 $ 63.77 $ 6177 $ 52.75 $ 52.75 24.60 $ 24.60 $ 28.15 $ 28.15 101.84 $ 101.84 $ 4737 $ 47.37 $ 54.47 $ 54.47 $ 78.48 $ 78.48 Total $ 978.12 •i kt k! §( cr 2 IL \ , 9 % / / � / .k � % w � \ 2 4 �| mm sm 9� "■ ■ §a :$$: :2§�§ Isis e; mm mGq#grmmm , o5§ r4 c4 a; mm m§g44Rq$q }2R!§m2�m k\2J&a& j � q ~4aRB;a ( § §\ ){ \\ o § o ] \� \( )) o - \ � $ \ \) \/ ±\ LL 6 LD 67 ! § m 2 \\ \\ q mm sm 9� "■ ■ §a :$$: :2§�§ Isis e; mm mGq#grmmm , o5§ r4 c4 a; mm m§g44Rq$q }2R!§m2�m k\2J&a& j � q ~4aRB;a ( § §\ ){ \\ o § o ] \� \( )) o - \ � $ \ \) \/ ±\ LL 6 LD 67 Klingaman, Larry J. From: Letsinger, Christopher <Christopher.Letsinger @insight.com> Sent: Wednesday, January 15, 2014 11:24 AM To: Klingaman, Larry J. Cc: Williams, Jinny Subject: Net New EA quote along with Select request for CA -City of El Segundo Attachments: City of El Segundo-EA Quote 2014.01.15.xlsx Hi Larry, Attached is the EA quote and below is both Select pricing you asked for. If you have any questions let me know and I will conference in Jinny. Thanks, Chris Insvight, City of El Segundo January 1, 2014 Microsoft Select Plus Academic (USD) 3 Year Total: 021 -05331 OfficeStd ALNG LicSAPk MVL $ 79.60 50 $ 3,979.92 4ZF -00019 VDA ALNG SubsVL MVL PerDVc $ 80.83 65 $ 5,254.24 Total: 1 $ 9,234.16 City of El Segundo Insvight, January 1, 2014 Microsoft Select Plus (USD) 3 Year Total: 269 -05557 OfficeProPlus SNGL UcSAPk MVL $ 625.95 20 $ 12,519.07 1 68 021 -05339 ; ISfficeStd SM3.1. LicSAPk,MVL $ 458.51 95 $ 43,558.49 Total; Chris Letsinger I Account Executive 1 Insight Public Sector I Insi hr� t.cor�r t. 800.467.4448 Ext. 5820 f. 480.760.8104 cietsina aWnsight.com Insight Blog j Liri adIn I 5kktn±LYQjics I Fac b I Twltter I YouTube I Googie+ w ns ight .Y(A —1. $ 56,077.56 5-Sol EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2014 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the approval of an amendment to an existing Professional Services Agreement with Pacific Municipal Consultants ( "PMC ") to increase the amount of the agreement by $45,000 for a total of $70,000 for planning consulting services. (Fiscal Impact: $45,000) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute an amendment to an existing Professional Services Agreement to increase the funding by $45,000 approved as to form by the City Attorney; and /or, 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: $45,000 Amount Budgeted: $45,000 (001- 400 - 2402 -6214) Additional Appropriation: N/A Account Number(s): 001 - 400 - 2402 -6214 (Planning Division: Professional and Technical) ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager v0 REVIEWED BY: Sam Lee, Director of Planning and Building Safety APPROVED BY: Greg Carpenter, City Manager / c- AND DISCUSSION: The City has retained Willdan for the past several years to provide professional consulting staff at the Senior Planner level. Most of the City's projects costs are fully reimbursed by developers. At their September 17, 2013 meeting, the Council approved $70,000 in the budget for FY 2013/2014 for Willdan to provide professional consulting services. More specifically, Trayci Nelson has worked for the City as a Senior Planning Consultant hired through Willdan for the past 7 years since April 2007. Shortly following Council approval, Ms. Nelson informed the Planning and Building Safety Director and the Planning Manager that she was leaving employment with Willdan and was beginning a new position with Planning Municipal Consultants ( "PMC ") effective September 30, 2013. PMC also provides professional planning consulting services and City staff negotiated terms for the continuation of Ms. Nelson's services in her capacity as a planning consultant to the City. The City entered into an agreement with PMC in the amount of $25,000 with City Manager approval to minimize disruption of services a on various on -going planning projects, including a major developer funded project, the 888 North Sepulveda Specific Plan Project that was in progress by continuing to retain Ms. Nelson for projects to which she was already assigned. At this time Planning staff requests that the Council approve the transfer of the remaining $45,000 allocated for professional planning consulting services from Willdan to PMC, resulting in a total contract amount of $70,000. No contract was ever executed with Willdan for any of the $70,000 allocated to them for professional consulting services in the FY 2013/2014 budget. The funds will be used primarily to complete the 888 North Sepulveda Specific Plan project and for work on the Mattel Specific Plan Project for their planned campus expansion. Recommendation The Planning and Building Safety Department requests that the Council authorize the City Manager to execute a Professional Services Agreement amendment with Pacific Municpal Consultants, in a form approved by the City Attorney, for an additional sum of $45,000, for a total not to exceed $70,000, for developer reimbursed planning consulting services. PAPlanning & Building Safety\Planning \Consultant Ping Services\Pacific Municpal Consultants (Contract Planning) 2013- 14\PMC.Planning Consultant Services.CC Report.1.21.14.doc 71 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: January 21, 2014 AGENDA HEADING: New Business I Consideration and possible action regarding acceptance of the terms and conditions from a grant award by Chevron U.S.A., Inc in the amount of $200,000 to assist in Economic and Business Development within the City of El Segundo over the next two fiscal years. (Fiscal Impact: $200,000 Revenue for the Chevron USA, Inc. Grant Account for FY 2013 -2014 and 2014 -15) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute the Grant Agreement with Chevron U.S.A., Inc.; 2. Appropriate grant funding for FY 2013 -14 and 2014 -15 in the Economic Development Grant Fund Account; and /or, 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Grant Agreement Between Chevron U.S.A. Inc and City of El Segundo, Effective Date November 1, 2013 FISCAL IMPACT: $200,000 Revenue for the Chevron USA, Inc. Grant Fund Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): 125- 300 -2401 -3619 ORIGINATED BY: Ted Shove, Economic Development Analysts REVIEWED BY: Deborah Cullen, Director of Finn ce X APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: In August 2013, staff was alerted to a potential funding opportunity that was available through the Chevron Corporate Social Investment Program. Every year, Chevron makes available financial resources for community investment within the communities they maintain operations in the form of competitive grants. Subsequently, staff authored an application and timely submitted all required documentation. All grant applications were collected and reviewed by Chevron's main corporate headquarters. Successful grant applications were packaged into grant agreements and returned to local offices to so successful applicants could be notified toward the end of December 2013. The City of El Segundo applied for and was successfully granted a multiyear grant in the amount of $200,000 for Economic and Business Development activities within El Segundo. Specifically, the grant funding would provide financial resources for staff to carry out a number of activities previously identified as Budgetary Goals along with tasks outlined in the 2013 Economic Development A] 72 Strategy. These goals and tasks include a strong emphasis in business expansion, retention and attraction through various methods of marketing and outreach. Notably, the grant identified at least 50 staff outreach visits per year to local businesses to rapidly identify those businesses that are most likely to require resources from strategic partners (with the City) to expand their operations or simply to remain a viable `going concern'. Additionally, grant funding will support updates to the www.elsegundobusiness.com website along with the roll out of an enhanced marketing strategy which would include a social media component. The Chevron USA, Inc. Grant expenditure account codes and estimated total expenditures over FY 2013 -14 and 2014 -15 include: Advertising: 125- 400 - 3619 -6201 - $40,000 Contractual Services: 125- 400 - 3619 -6206 - $150,000 Meetings & Travel: 125- 400 - 3619 -6213 - $10,000 The grant conditions do require a detailed report on an annual basis of the activity and progress to date including how they align with stated grant conditions and target metrics identified in the original application. Upon execution by both parties of the Chevron USA, Inc. Grant Agreement, a one time $200,000 payment will be made to the City of El Segundo tendered either by check or wire transfer within 30 days. PAPlanning & Building Safety \CC Report.Template 2012.doc 73 GRANT AGREEMENT BETWEEN CHEVRON U.S.A. INC AND CITY OF EL SEGUNDO Effective Date November 1, 2013 74 GRANT AGREEMENT TABLE OF CONTENTS SECTION PAGE AGREEMENT................................................................................................................ ..............................1 I. DEFINITIONS AND EXHIBITS ..................................................................... ..............................1 2. THE-GRANT .................................................................................................... ............................... 2 3. EFFECTIVENESS AND TERMINATION ..................................................... ............................... 2 4. ADDITIONAL OBLIGATIONS ....................................................................... ..............................2 6. PAYMENT, USE OF THE GRANT FUNDS, ACKNOWLEDGEMENT, REPORT AND OVERSIGHT.................................................................................................... ............................... 4 6. TAXES ............................................................................................................... ..............................4 7. INTELLECTUAL PROPERTY AND TRADEMARK ................................... ............................... 6 8. GOVERNING LAW AND RESOLUTION OF DISPUTES ........................... ............................... 7 9. INDEMNIFICATION .............................................. ............................... ...... ............................... 7 10. INSURANCE .................................................................................................... ............................... 8 11. GENERAL PROVISIONS ............................................................................... ............................... 8 12. PROHIBITED PARTIES AND TRANSACTIONS .......................................... ..............................9 EXHIBITA -PROGRAM DESCRIPTION ............................................................... ............................... 11 75 GRANT AGREEMENT This Grant Agreement (the "Agreement "), dated as ofNoovember 1, 2013 (the "Effective Date "), by and between Chevron U.S.A. Inc. , a Pennsylvania corporation, with its principal offices at 6001 Bollinger Canyon Road, San Ramon, CA 94583 ( "Chevron" ) and the City of El Segundo, a California municipality, with offices at 350 Main Street, El Segundo, CA 90245 ( "Recipient "). RECITALS A. Recipient is a governmental agency incorporated under the laws of the State of California, United States of America. B. Chevron has decided to support Recipient's Program. AGREEMENT In consideration of the mutual covenants and undertakings of the Parties set out under this Agreement the Parties agree as follows: DEFINITIONS AND EXHIBITS 1.1 Definitions. As used in this Agreement, these words or expressions have the following meanings: (A) "Affiliate" means any legal entity which controls, is controlled by or is under common control with, another legal entity. An entity is deemed to "control" another if it owns directly or indirectly at least fifty percent of the shares or interests entitled to vote. (B) "Chevron Group" means Chevron, Chevron's Affiliates and the directors, officers and employees of all of them. (C) "Chevron Licensed Marks" has the meaning given in Section 7.1. (D) "Chevron Confidential Information" has the meaning given in Section 11.7. (E) "Government Official" means any officer or employee of any government (including federal, state, local municipal and national governments, and any governmental department, agency, company or other instrumentality) or Public International Organization, or any political party official or any candidate for political office. (F) "Grant Funds" has the meaning given in Section 2.1. (G) "Party" means Chevron or Recipient and "Parties" mean both of them. (H) "Personal Data" means any information that can be used directly or indirectly, alone or in combination with other information, to identify an individual. City of El Segundo Grant Agreement 2013 W (I) "Program" means Recipient's Economic and Business Development Program as described in Exhibit A. (J) "Program Report" has the meaning given in Section 5.5(A). (K) "Public International Organization" means an international organization formed by states, governments, or other public international organizations, whatever the form of organization and scope of competence. (L) "Recipient Group" means Recipient, Recipient's Affiliates, subcontractors, and directors, officers, employees and other personnel of all of them, and any person acting on behalf of any of them in connection with this Agreement. (M) "Recipient Licensed Marks" has the meaning giving in Section 7.2. (N) "Term" has the meaning given in Section 3.1. 1.2 Exhibits. (A) The Exhibit A — Program Description that is attached to the body of this Agreement is an integral part of this Agreement and is incorporated by reference into this Agreement. (B) If a conflict exists between the body of this Agreement and the Exhibit A — Program Description, the body prevails to the extent of the conflict. THE GRANT 2.1 Chevron will provide a grant to Recipient of two hundred thousand dollars ($200,000.00) (US) on the terms and conditions of this Agreement (the "Grant Funds ") and requests that the Grant Funds be used in support of the Program. 2.2 Any additional funds or goods or services by Chevron must be approved by Chevron in advance and in writing. EFFECTIVENESS AND TERMINATION 3.1 Term. This Agreement is effective from the Effective Date until the completion of the Program or expenditure of all Grant Funds, whichever first occurs, unless terminated earlier as provided in this Agreement ( "Term "). 3.2 Early Termination. Recipient or Chevron may terminate this Agreement in accordance with Section 4.4 and Section 6.5. ADDITIONAL OBLIGATIONS 4.1 Warranty. Recipient represents and warrants for itself and on behalf of Recipient Group that no event has occurred prior to the Effective Date which, had it occurred after the Effective Date, would constitute a violation of Section 4.2 or 4.3. 4.2 Conflicts of Interest. No member of Recipient Group may (A) give to or receive from any director, employee or agent of Chevron or its Affiliate in connection with this City of El Segundo Grant Agreement 2013 77 Agreement, any gift, entertainment or other benefit of significant cost or value, or any commission, fee or rebate or (B) without giving prior written notice to Chevron enter into any business arrangement with any director, employee or agent of Chevron or its Affiliate (other than as a representative of Chevron or its Affiliate). 4.3 Improper Influence. No member of Recipient Group may offer or make any payment, or offer or give anything of value to any Government Official, any immediate family member of a Government Official or any political party to influence the Government Official's or organization's decision, or to gain any other advantage for Chevron Group, Recipient Group or any of them arising out of this Agreement. In addition, no member of Recipient Group shall use the Grant Funds to offer or make any payment or offer or give anything of value to any person if the member knows or has reason to believe that any portion of the payment or gift will be given directly, indirectly or through a third party to any Government Official, any immediate family member of any Government Official or any political party. 4.4 Reporting Violations, Reimbursement and Termination. Recipient shall immediately notify Chevron of any violation of Sections 4.2 or 4.3 or breach of the warranty set out in Section 4.1. In addition to any other remedies to which Chevron may be legally entitled and notwithstanding termination of this Agreement, Recipient shall reimburse or issue a credit to Chevron equal to any benefit that was realized or paid in violation of these Sections. Chevron has the right to terminate this Agreement at any time for any violation of Section 4.2 or 4.3 or breach of warranty set out in Section 4.1. 4.5 Records Retention and Right to Audit. Recipient shall retain, and ensure that other members of Recipient Group retain, all records related to this Agreement until at least twenty -four months from the end of the calendar year in which this Agreement is terminated. Chevron (or its representative) may inspect all records at any time within the stated retention period to determine Recipient's compliance with the terms of this Agreement. For the records pertaining to taxes or Recipient's tax - exempt status, Recipient and Recipient Group shall maintain and Chevron may inspect such records for so long as the longest applicable statute of limitations remains open. 4.6 Data Privacy. Recipient will process all Personal Data it processes on behalf of Chevron in accordance with all applicable laws and Chevron's reasonable requests with respect to protecting Personal Data, including but not limited to: restricting employee and agent/subcontractor access to Personal Data, following Chevron's instructions in connection with processing Personal Data, not disclosing Personal Data to any third party without Chevron's written permission, applying appropriate security measures to protect Personal Data, and deleting any Personal Data in its possession or control at the expiry or termination of this Agreement unless otherwise agreed between the Parties. In the event of any unauthorized, unlawful, and/or unintended processing, access, disclosure, exposure, alteration, loss, or destruction of Personal Data, Recipient will immediately notify Chevron and cooperate with Chevron's reasonable requests to investigate and remediate such incident and provide appropriate response and redress. "Personal Data" means any information that can be used directly or indirectly, alone or in combination with other information, to identify an individual. City of El Segundo Grant Agreement 2013 PAYMENT, USE OF THE GRANT FUNDS, ACKNOWLEDGEMENT, REPORTS AND OVERSIGHT 5.1 Payment. Chevron will pay the Grant Funds to Recipient by check or wire transfer within thirty days from the date the Agreement is executed by both Parties. 5.2 Use of Grant Funds. Recipient agrees to use the Grant Funds exclusively for the Program and in accordance with all applicable laws. 5.3 Intentionally omitted. 5.4 Award. In recognition of Chevron's donation of the Grant Funds, Chevron will be acknowledged as further described in Exhibit A — Program Description. 5.5 Recipient Program Update Report and oversight site visits. (A) Recipient shall provide Chevron with detailed written end of the year report regarding the status of the Program (the "Program Report "). (B) Recipient shall make commercially reasonable efforts to accommodate any person identified by Chevron to conduct a site visit of the Program. TAXES 6.1 Recipient represents that it is a political subdivision of the State of California and is a tax - exempt entity. Recipient represents that any contribution to the City of El Segundo will be considered a charitable contribution, as defined by IRS code Section 170(c)(1).] 6.2 Recipient agrees not to expend any Grant Funds in such a way as to constitute an attempt to influence legislation under Section 501(h) or a taxable expenditure described in IRC Section 4945, that is: (A) to carry on propaganda or otherwise attempt to influence legislation; (B) to influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive; (C) for any grant to an individual which does not comply with the requirements of IRC Section 4945(d)(3) or (4); or (D) for any purpose other than one specified in IRC Section 170(c)(2)(B), i.e., a religious, charitable, scientific, literary or educational purpose. 6.3 Recipient is in full compliance with Executive Order 13224 and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107 -56; also known as the USA Patriot Act). Recipient will not disburse Grant Funds to any person or organization who, at the time of signing this Agreement or at the time of payment of any grant, is listed on any of the following: the United States Treasury — Office of Foreign Assets Control List (also known as Specially Designated Nationals List or SDN List); the Secretary of State Terrorist Exclusion List; the United Nations Security Council Committee's "1267 List "; and the European Union List published by the Council of the European Union (collectively, the "Terrorist Watch Lists "). Recipient will also not disburse Grant Funds to any organization with officers or key employees on one of the Terrorist Watch Lists. Recipient shall assist Chevron in obtaining such documents as shall, in the good faith judgment of Chevron, be necessary or appropriate to assure Chevron that the contribution is not directly or indirectly supporting terrorist groups or individuals. City of El Segundo Grant Agreement 2013 WE 6.4 Recipient shall provide Chevron with immediate written notification of: (A) any changes in its tax - exempt status described in Section 6.1 above (whether or not appealed); (B) inability to expend the Grant Funds for the Program; (C) any payment (inadvertent or otherwise) to an organization or individual listed on a Terrorist Watch List; (D) any payment (inadvertent or otherwise) to an organization with an officer or key employee listed on a Terrorist Watch List; or (E) any expenditure from the Grant Funds made for any purpose other than the Program. 6.5 Chevron may, after notice to Recipient of its intent to do so, cancel its participation in the Program for which the Grant Funds are granted, in the event Chevron, in its sole judgment, finds that: (A) Recipient has failed to make substantial progress in the completion of the Program; (B) Recipient has failed to comply with the terms of this Agreement; (C) such cancellation is necessary to comply with the requirements of law; (D) Recipient's tax - exempt status described in Section 6.1 is changed in any way. In the event of cancellation under this Section 6.5, Recipient shall return any unspent Grant Funds to Chevron within thirty days after cancellation. 6.6 Recipient makes no representation or warranty with respect to the tax treatment of any payment by Chevron to Recipient whether under this Agreement or otherwise. 6.7 Upon receipt of the Grant Funds, Recipient will provide Chevron with written confirmation of: the total amount of the gift, the total value, if any, of services or property that Chevron or any related company received or will receive from Recipient. 6.8 Recipient is responsible for all liabilities or claims for taxes (including income, capital, sales or use, value added, goods and services, excise, property, personnel, among other taxes) that any taxing authority claiming jurisdiction over this Agreement may assess or levy against Recipient relating to this grant or this Agreement. Recipient shall comply with all applicable tax requirements, file all registrations and reports, and take all actions necessary to make its tax payments. Chevron is responsible for all liabilities of claims for taxes that any taxing authority claiming jurisdiction over this Agreement may assess or levy against Chevron. Chevron will, as appropriate, report, withhold and pay to the taxing authorities, any taxes levied or assessed on account of this grant or this Agreement. Chevron will provide Recipient with tax receipts (or other proof of payment if receipts are not available) for any withheld taxes, but will not reimburse Recipient for these withheld taxes. City of El Segundo Grant Agreement 2013 .E INTELLECTUAL PROPERTY AND TRADEMARK 7.1 Chevron hereby grants to the Recipient a limited non - exclusive license to use the Chevron trademarks and the corresponding logos as instructed in writing by Chevron (the "Chevron Licensed Marks ") during the Term in connection with the Program, subject to the following conditions: (A) Recipient recognizes the exclusive rights of Chevron and/or its Affiliates in the Chevron Licensed Marks and will not contest, directly or indirectly, or in any way impair such exclusive ownership of the Chevron Licensed Marks or aid or encourage others to do so, both during the Term and afterwards. (B) Recipient further recognizes that all use of the Chevron Licensed Marks by Recipient will at all times inure to the benefit of Chevron and /or its Affiliates, and that Recipient acquires no right, title or interest in or to the Chevron Licensed Marks except as expressly and temporarily provided in this Agreement. (C) Recipient must obtain Chevron's prior written approval before using the Chevron Licensed Marks. Recipient's uses of the Chevron Licensed Marks shall conform to Chevron's style and usage guides. Chevron may reasonably withhold approval or require cessation as to any uses by Recipient that do not conform to such guidelines; Chevron shall provide a copy of such guidelines to Recipient and shall provide additional information to Recipient regarding the implementation of said guidelines. (D) Recipient will make no use of the Chevron Licensed Marks except as specifically approved in writing by Chevron. Recipient shall immediately withdraw any uses that Chevron deems improper. In the event Recipient seeks the consent or approval of Chevron for promotional materials, Chevron shall use its best efforts to respond promptly. Recipient shall not sublicense or otherwise transfer the use of the Chevron Licensed Marks to any person or entity. (E) Upon termination of this Agreement, Recipient shall promptly deliver to Chevron or destroy all material bearing the Chevron Licensed Marks. In no event shall Recipient be required to deliver or destroy any materials bearing Chevron Licensed Marks where: (1) Chevron is listed as a sponsor along with other sponsors provided that the materials are not displayed, shown or in any other way used in a public venue or distributed to anyone other than an employee or volunteer of Recipient; or (2) Chevron agrees in writing to allow Recipient to retain such materials for use in subsequent years. 7.2 Recipient's Trademarks. Recipient hereby grants to Chevron a limited non - exclusive license to use the Recipient trademarks and the corresponding logos as instructed in writing by Recipient (the "Recipient Licensed Marks ") during the Term in connection with the Program, subject to the following conditions: City of El Segundo Grant Agreement 2013 (A) Chevron recognizes the exclusive rights of Recipient and/or and the subsidiaries and affiliates of Recipient in the Recipient Licensed Marks and will not contest, directly or indirectly, or in any way impair such exclusive ownership of the Recipient Licensed Marks. (B) Chevron further recognizes that all use of the Recipient Licensed Marks by Chevron will at all times inure to the benefit of Recipient and/or its Recipient Affiliates, and that Chevron acquires no right, title or interest in or to the Recipient Licensed Marks except as expressly and temporarily provided in this Agreement. (C) Chevron shall immediately withdraw any uses that Recipient demonstrates to Chevron to be improper. In the event Chevron seeks the consent or approval of Recipient for promotional materials, Recipient shall use its best efforts to respond promptly. Other than to a Chevron Affiliate, Chevron shall not sublicense or otherwise transfer the use of the Recipient Licensed Marks to any person or entity. (D) Upon termination of this Agreement, Chevron shall cease use of the Recipient Licensed Marks. 7.3 Notwithstanding the foregoing, Chevron shall be permitted and retains a right to refer to Recipient and /or use Recipient Licensed Marks to identify Recipient as the beneficiary and recipient of the Grant Funds. GOVERNING LAW AND RESOLUTION OF DISPUTES 8.1 Governing Law. This Agreement and the subjects contain in it are governed by and interpreted under the laws of the State of California, without regard to its choice of law rules. 8.2 Resolution of Disputes. If any dispute arises out of or in relation to this Agreement and if the dispute cannot be resolved by direct negotiations, either Party may initiate mediation by giving notice to the other. If the Parties fail to resolve the dispute within sixty days from notice of mediation, either Party may initiate binding arbitration in accordance with this Section 8.2. The place of arbitration will be San Ramon, California. One arbitrator (or three arbitrators if the monetary value of the Dispute is more than US$5,000,000 or its currency equivalent) will conduct the arbitral proceedings, in English, in accordance with United Nations Commission on International Trade Law ( "UNCITRAL ") Arbitration Rules. The American Arbitration Association is the appointing authority (in the case of disputes involving all U.S. parties). The International Centre for Dispute Resolution is the appointing authority (in the case of disputes involving a non -U.S. party). The arbitration award is final and binding and must be issued within three months from completion of the hearing, or as soon as possible thereafter. INDEMNIFICATION 9.1 Recipient shall indemnify, defend, protect and hold harmless Chevron Group, its successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising City of El Segundo Grant Agreement 2013 FA out of or related to Recipient's performance of and obligations and representations under this Agreement. INSURANCE 10.1 Without in any way limiting each Party's indemnification obligations under this Agreement each Party shall maintain, at all times during the Term, the insurance required by applicable law. GENERAL PROVISIONS 11.1 Proper Authority. Each of the Parties and their officers represent and warrant that they are authorized to enter into this Agreement and execute the same without further authority. 11.2 Prior Agreements. This Agreement comprises the complete and exclusive agreement between the Parties regarding the subject matter of this Agreement and, except as provided in this Section 11.2, supersedes all oral and written communications, negotiations, representations or agreements in relation to that subject matter made or entered into before the Effective Date. 11.3 Amendment. No amendment to this Agreement is effective unless made in writing and signed by duly authorized representatives of all the Parties. 11.4 Waiver. Any failure of either Party to pursue remedies for breach of this Agreement does not constitute a wavier by such compliant Party of any breach of this Agreement by the non - compliant Party, or raise any defense against claims against the non - compliant Party, for breach of this Agreement. The waiver or failure to require the performance of any agreement or obligation contained in this Agreement, or failure to pursue remedies for breach of this Agreement, does not waive a later breach of that agreement or obligation. 11.5 Notices. All notices required or permitted under this Agreement must be in writing and delivered by mail (postage prepaid) or by hand delivery to the address of the receiving Party set out in the signature page to this Agreement. Notices sent by email are ineffective. Notices are effective when received by the recipient during the recipient's regular business hours. Notices which do not comply with the requirements of this Agreement are ineffective, and do not impart actual or any other kind of notice. 11.6 Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party except that Chevron may assign this Agreement to its Affiliates. 11.7 Confidentiality. Recipient shall treat all information arising out of or provided to Recipient under this Agreement ( "Chevron Confidential Information ") as valuable, proprietary and confidential and shall not disclose, and shall ensure that all members of Recipient Group do not disclose, any such Chevron Confidential Information to any other person without the prior written consent of Chevron. 11.8 Relationship of Parties. Each Party is independent and no partnership, joint venture or agency relationship shall be deemed to be formed under this Agreement. Neither Party City of El Segundo Grant Agreement 2013 51 shall have the right, power or authority to in any way bind the other to any contract or other obligation. 11.9 Third Party Rights. No person who is not a Party to this Agreement has any rights under this Agreement or may enforce any provision in this Agreement. 11.10 Severability. Each provision of this Agreement is severable and any determination of invalidity does not affect those portions of this Agreement that are valid. 11.11 Survival. All provisions in this Agreement containing representations, warranties, releases, defense obligations and indemnities, and all provisions relating to tax, audit, confidentiality, conflict of interest, improper influence, intellectual property and trademarks, insurance, disclaimer of certain remedies, limitations of liability, ownership or use or return of Confidential Information, retention and inspection of records, dispute resolution and governing law, and all causes of action which arose prior to completion or termination, survive indefinitely until, by their respective terms, they are no longer operative or are otherwise limited by an applicable statute of limitations. 11.12 Public Announcements. Recipient shall not issue any public announcement or statement concerning this Agreement without obtaining Chevron's prior written consent. Chevron may disclose that it has donated the Grant Funds to Recipient for the Program without any consent from Recipient. 11.13 Counterparts. This Agreement may be executed in multiple counterparts, all of which together shall be considered one and the same agreement. PROHIBITED PARTIES AND TRANSACTIONS 12.1 Chevron is a United States company with a policy requiring it to comply with all applicable laws, including economic sanctions and trade restrictions imposed by the United States government. Chevron has undertaken to provide its parent organization with any information relevant to its potential involvement with any party that may be the target of such sanctions and restrictions. Accordingly, Recipient shall provide Chevron with reasonable advance notice if any of Recipient's or Recipient's affiliates, subcontractors, directors, officers, employees and other personnel associated with the services performed under this Agreement which may be any of the following: (A) The target of, or owned or subject to control by any country, institution, organization, entity or person that is the target of, economic sanctions and trade restrictions imposed by the United States government. (B) Debarred or otherwise excluded or declared ineligible to participate in U.S. government contracts or contracts, grants or other programs financed in whole or in part by the U.S. government. (C) Listed by the U.S. Departments of Commerce or State as an entity with which U.S. Persons may not engage in export or re -export related transactions. IMPORTANT NOTICE: THIS AGREEMENT CONTAINS PROVISIONS REGARDING INDEMNITIES AND WARRANTIES THAT EXPRESS THE AGREEMENT OF THE PARTIES CONCERNING CLAIMS ARISING OUT OF THIS AGREEMENT. City of El Segundo Grant Agreement 2013 :, The Parties have executed this Agreement in duplicate as evidenced by the following signatures of authorized representatives of the Parties: CHEVRON U.S.A. INC. Signature: Name: Linda D. Padon Title: Attorney in Fact Date: ADDRESS FOR NOTICES: CITY OF EL SEGUNDO Signature: Name: Greg Carpenter Title: City Manager Date: Chevron U.S.A.Inc.6001 Bollinger Canyon Road, City of El Segundo SR6101 ✓3184 350 Main Street San Ramon, CA 94583 El Segundo, CA 90245 Attention: Linda D. Padon, General Manager, Public Policy & Corporate Responsibility City of El Segundo Grant Agreement 2013 Attention: Greg Carpenter, City Manager 10 :, EXHIBIT A — PROGRAM DESCRIPTION Lnevron Social investment partnership application wo Please complete and return this application form. You do not need to provide a significant level of detail: as a guide, two to three pages is ideal. When we receive your form, we will evaluate your application and respond to let you know the outcome. We may contact you in the interim for further information if we need it. Please complete all questions and provide the documentation requested to allow us to fully evaluate your request for funding. Incomplete information may delay our ability to respond to you in a timely way. Section t Name of Car amzation: City of El Segundo Name of Primary Contact: Greg Carpenter Mailing Address: 350 %lain Street El Segundo, CA 90245 Phone Number: 310 - 524 -2301 Website Address: «-%,t°v4.else o.or , %%- ww.else dobusiness.com Email Address: gcarpentR@elsegLmdo.org Name and Type of Opportunity (Prograun. Project or Event): City of El Segundo Economic and Business Development Program Opportumity Description_ A pragratn by the City of El Segundo to retain and expanding the existing business base whine also expanding El Segundo's business diversity to new industry segments (i.e. creative office) while reduciug unemployment and blighting conditions within our community. Organization's Mission Statement: The City of El Segundo is committed to the attraction, expansion and retention of our business base through a pro - business climate which includes collaborative problem- sohing for business success while balancing the needs of our residents and maintaining a naHih, of life that is second to none. Amount offunding Requested from Chevron: $200,000 Total Program/Project/Event cost: 5610,000 (City, Chevron and other corporate funding) over 2 year period Other Sources of Funding (knoinm and anticipated): City General. Fund and partial funds match from in -town businesses Project Timing and Anticipated Length ofCommittnent: I years %vith Chevron funding Have you applied for, or received. funding from Chevron previously? \o, not through the Social Investment Partnership Issue focus area Which of the following best describes your project's focus area? (Check the appropriate box}: ❑ STEM Education ❑ CareerNocattonal. Training ® Small Business Support The project idea What are the project's objectives? Hon will these objectives be achieved? The overarching function of the Economic and Business Development Program are to promote sustainable growth in each of the business sectors of El Segundo including: commercial sector east City of El Segundo Grant Agreement 2013 11 W. Chevron of Sepulveda Avenue, Smoky Hollow District and the Downtown Corridor. This primary objective is accomplished by focusing on three areas: Business Retention, Business Expansion and Business Attraction. The specific tasks that .support these focus areas include: site selection assistance, acting as an ombudsman (championing a specific project through the entitlemenupermitting process), citcwride and project specific marketing (business attraction, existing business promoting marketing, development of a public facility corporate branding program), business outreach to determine if a rapid response and identification of specific resources is required for expansion or retention, and other long term projects that would add value to a specific sector (i.e. the Smoky Hollow review by the Urban Land Institute to determine hove to the City can best position itself for market forces penetrating the district). Recently, the Economic Development Advisory Council (EDAC) unanimously decided to retain a public relations firm to `tell the story' of El Segundo's pro - business climate and exceptional quality of life. Currently, E1 Segundo is challenged by many business decision makers not knowing where El Segundo is located and how it compares to other communities in the Los Angeles area and more specifically West Los Angeles and the South Bay. The EDAC believe this public relations campaign will provide the advantage needed to draw the attention of desirable businesses to fill space previously occupied by defense related contractors and companies. This infusion of businesses would also create further diversification of El Segundo's business base and be less susceptible to .substantial reductions in jobs from any one particular industry. Promotion of sustainable growth in El Segundo is critical in light of the completion of the community business base. E1 Segundo has traditionally been dominated by the defense industry; the same industry that has and continues to decline due to shrinking Federal budgets. The rear -over- year loss of jobs has caused El Segundo and the South Bay to experience hardship through employment loss and reduced municipal revenues. These losses have caused further loss of services to residents and reduced city services. Without a concerted effort to address the lost jobs, further deterioration of City services and infrastructure is sure to result. Community impact Who will benefit from the project and hove many beneficiaries will you reach? How will your project improve quality of life for undersen,ed communities? The City of El Segundo and its residents would be the primary beneficiaries by rebuilding a once robust business base that was powered by the residents of El Segundo and the South Bay. Residents of the South Bay will benefit by increased opportunity at re- employment. By specifically targeting uriyate reinyestmeut in the form of increasing the business base, El Segundo and the South Bay can lower unemployment and foreclosure rates. The underlying effect will stabilize and ultimately increase quality of life and property- values; further staving off poverty and increases in under.served communities vrithirr the South Bay. The impact of this Program will directly impact the 198 small businesses in the downtown area and 300 businesses in the Smoky Hollow district of El Segundo. City of El Segundo Grant Agreement 2013 12 Chevron involvement What opportunities. if any, exist for increased Chevron involvement? (Eg general or skilled volunteerism opportunities. speakers. or other creative ways to engage Chevron's people and resources.) The City of El Segundo Economic and Business Development Program would appreciate the opportunity to leverage Chevron presence and prominence in a number of ways. These requests would be made over the two year funding period and may include: usage of corporate facilities for events (i.e. business development seminars, meetings), participation in business development forums by facility staff, video clips, photos and any other non - confidential media for incorporation into marketing materials, co- funding of parking strategies, signage for the Smoky Hollow district directly adjacent (north side) of Chevron's El Segundo Refinery. Public awareness How will Chevron be identified with your organization? Do you plan to involve any other partners or stakeholders in this project? If so, please describe who and in what capacity. The City of El Segundo Economic and Business Development Program can include Chevron's logo as a "Corporate Partner" on future marketing brochures, banners and other visual medium including ouliuelvirtual presence and social media campaigns. Other opportunities may include placement of lago / branding on public facilities and light standard banners along and through the Downtown Corridor. For specific business development /outreach events, Chevron logwbrand would be included as a major sponsor including opportunities to provide for speaking about Chevron, economic development and the community. The organization Tell us about your organization. What knowledge, experience or capacity does it have that gives it confidence it can successfully implement the proposed project? The City's leadership establishes policy and makes decisions that guide the community. The direction and consistency of these policies and decisions sends a message to the business community about the City's openness to development and business growth. While some communities have a reputation of being divisive and unfocused, El Segundo has a track- record of maintaining and developing business- friendly city policies. The primary Body that makes recommendations to the City Council is the Economic Development Advisory Council which is comprised of 12 members that represent various aspects of the community. These members collectively boast in excess of 300 years of experience in business fundamentals, finance, real estate development, strategic planning, consensus building and leadership. Strategic planning is a primary component of this Body in the field of economic and business development. The day- to-day duties outlined in the Strategic Plan are carried out by a full time, seasoned economic developer. In addition, the economic developer monitors and provides the EDAC with routine reports on the progress of identified metrics of the Plan. Finally, a compliment of strategic resources within the community are also available to assist with specific resources on unique projects which may include the South Bay Workforce Investment Board, Small Business Development Center, Los Angeles Economic Development Corporation and a number of others are available for more specific assistance. Measuring results City of El Segundo Grant Agreement 2013 13 .. What are the untended results of the project and what plans do you have for project monitoring and evaluation? The long term goals of the project would directly correlate with the organizations mission statement: retain and expand EI Segundo's business base through business diversification, utilizing a pro - business climate and partnering with a public relations firm to `get the word out' out El Segundo. Program staff will conduct at least 50 visits per year to local businesses. The primary objective of these visits is to identify struggling businesses and provide resources needed to successfull} retain (and in some cases expand) the business while remaining a part of the existing business base. Program staff will successfully attract new businesses to reduce retail storefronts in the Downtown area, creative office industry tenants to the Smoky Hollow district and target commercial vacancies on the east side of Sepulveda Bh•d. with new and expanding (existing) office and manufacturing firms. The retail - oriented business will provide an immediate influx of job creation and a revenue source to the Citv. This will include .staff attendance and City presence and targeted industry trade shows and networking events. The business -to- business firms will provide job creation for the community's skilled workforce. Virtual presence maintenance, updates and greater presence campaign. Under this activity, the existing wivw.elsegundoburness.com website will be updated and maintained on a more frequent basis (providing up to date information for those seeking information about El Segundo's business climate). Further virtual communication will span through Constant Contact and other social media (i.e. Twitter, Face Book), Cite Marketing. +Branding will continue and expand to identified and specific industries on a regional, national and global level. Marketing format may include any /all of the following: ad placements (paper and virtual publications), press releases, attendance at trade shows and networking events, seek targeted awards from notable organizations for high level, low cost exposure (i.e. Most Business Friendly City Award). Implement findings and recommendations as approved by the El Segundo City Council from the Urban Laud Institute's Technical Assistance Panel results for the Smoky Hollow- district. Please also see `target metrics' section. Sources of funding List current sources of unrestricted and restricted funding (e-g-, from corporations. foundations, government, individuals, etc.) for the organization and for the project proposed. Is the project sustainable beyond the period of Chevron funding? If so, how- will sustainability be achieved? 590,000 annually plus one full time staff person from City of El Segundo S25,000 oue -time verbally committed funds from local corporations with an opportunity to renew annually for at least through year two. Project/Program is considered sustainable after period of Chevron funding. The requested funding from Chevron will cover one -time and start up costs (i.e. w-ebsite update./development, establishment of a branding campaign, etc.) Chevron's contribution will provide for higher visibility of marketing and allow limited staffing resources to focus more on maintenance and updates of virtual presence. Additionally. Chevron's contribution will also be applied to strategic. /long range planning that includes specific and attainable goals and measurable outcomes to ensure staff efforts continue to address key goals and concepts. When you submit your application form, please also provide the following: • The completed target metrics form City of El Segundo Grant Agreement 2013 14 .f