LOMITA CITY HALL Henry1Special Sanchez Jr., Mayor COUNCIL CHAMBERS James Gazeley, Mayor Pro Tem 24300 Narbonne Avenue Michael Savidan, Council Member Lomita, CA 90717 Cindy Segawa, Council Member Phone: (310) 325-7110 Mark Waronek, Council Member Fax: (310) 325-4024
Next Resolution No. 2019-04 Next Ordinance No. 801
AGENDA REGULAR MEETING OF THE LOMITA CITY COUNCIL TUESDAY, MARCH 19, 2019 6:30 P.M.
“Members of the public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, please step out into the lobby.
Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s office at 24300 Narbonne Avenue.
In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (310) 325-7110 (voice) or the California Relay Service. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
1. OPENING CEREMONIES
a. Call Meeting to Order b. Flag Salute c. Invocation – Council Member Waronek d. Roll Call
2. APPROVAL OF AGENDA
3. PRESENTATIONS
CERTIFICATE OF RECOGNITION TO SERGEANT DOUGLAS J. SHIVE, LOS ANGELES COUNTY SHERIFF’S DEPARTMENT, UPON HIS RETIREMENT AFTER 30 YEARS OF SERVICE
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Reg CC Mtg, March 19, 2019, Page # 1 Lomita City Council Meeting Agenda March 19, 2019
PRESENTATIONS (CONTINUED)
CERTIFICATE OF RECOGNITION TO CUSTODY ASSISTANT GLEN A. WOOD, LOS ANGELES COUNTY SHERIFF’S DEPARTMENT, UPON HIS RETIREMENT AFTER 30 YEARS OF SERVICE
CERTIFICATE OF RECOGNITION TO LIEUTENANT ALBERT M. ORTIZ, LOS ANGELES COUNTY SHERIFF’S DEPARTMENT, UPON HIS RETIREMENT AFTER 33 YEARS OF SERVICE
4. ORAL COMMUNICATIONS
Persons wishing to speak on Consent Agenda items or subjects other than those scheduled are requested to do so at this time. In order to conduct a timely meeting, a five minute time limit per person has been established. Amendments to Government Code Section 54954.2 prohibit the Council from taking action or engaging in discussion on a specific item unless it appears on a posted agenda.
The City Council may discuss and act upon items described under Council Comments; however, items which are not on the agenda will be limited to Council reports, announcements, or requests for clarification, or factual information, or to placement of matters on the agenda for a future meeting.
5. ORAL COMMUNICATIONS AND MEETING ATTENDANCE REPORTS FROM THE CITY COUNCIL
6. CITY MANAGER’S REPORT (information only)
7. CONSENT AGENDA
All items under the Consent Agenda are considered by the Council to be routine and will be enacted by one motion in the form listed below. There may be separate discussions of these items prior to the time the Council votes on the motion. Specific items may be removed from the Consent Agenda at the request of any Councilmember or staff.
RECOMMENDED ACTION: That the Consent Calendar Items 7 a-j be approved.
a. Motion to Waive Full Reading of ordinances and that they be read in title only.
b. Approve the Minutes of the Regular Meeting held on February 19, 2019
RECOMMENDED ACTION: That the minutes be approved.
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Reg CC Mtg, March 19, 2019, Page # 2 Lomita City Council Meeting Agenda March 19, 2019
c. Approval of Warrants/Payroll Register
RECOMMENDED ACTION: That the Warrants/Payroll Register be approved and filed.
d. Monthly Report for the Administrative Services Department
RECOMMENDED ACTION: That the report be received and filed.
e. Monthly Report for City Manager’s Department
RECOMMENDED ACTION: That the report be received and filed.
f. Monthly Report for the Community and Economic Development Department
RECOMMENDED ACTION: That the report be received and filed.
g. Monthly Report for the Parks & Recreation Department
RECOMMENDED ACTION: That the report be received and filed.
h. Monthly Report for the Public Works Department
RECOMMENDED ACTION: That the report be received and filed.
i. January 2019 Treasury & Investment Report
RECOMMENDED ACTION: That the report be received and filed.
j. Consideration and Possible Authorization to Enter into a Settlement and Release Agreement with Urban Street Ventures, Inc. to cure $39,000 in unpaid administrative citations
RECOMMENDED ACTION: Authorize the City Manager to sign the Settlement and Release Agreement between the City of Lomita and Urban Street Ventures, Inc., mandating the company to pay $32,500 in order to resolve unpaid administrative citations
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Reg CC Mtg, March 19, 2019, Page # 3 Lomita City Council Meeting Agenda March 19, 2019
SCHEDULED ITEMS
8. AUTHORIZATION TO EXECUTE AN AGREEMENT FOR DESIGN AND ENGINEERING PLANS FOR 24329 NARBONNE AVE., AND TO ACCEPT A GRANT FROM THE KENNETH PICERNE FOUNDATION TOWARDS THE PROJECT
Presented by Alicia Velasco, Community and Economic Development Director
RECOMMENDED ACTION: It is recommended that the City Council:
1) Enter into a professional services agreement with Studio One-Eleven for $29,780, and to permit City Manager authorization of a 15% contingency, for the preparation of design and engineering plans for the vacant City-owned lot at 24329 Narbonne Ave.; and
2) Authorize the City Manager to execute the agreement with the Kenneth Picerne Foundation accepting the $50,000 grant from the Foundation towards the construction of the project.
9. CONSIDERATION OF AN AGREEMENT WITH EVERBRIDGE, INC. TO PARTICIPATE IN THE MULTI-JURISDICTIONAL NOTIFICATION SYSTEM SOUTH BAY PILOT PROGRAM
Presented by Laura Vander Neut, Management Analyst
RECOMMENDED ACTION: That the City Council authorize the City Manager to execute an agreement with Everbridge, Inc. for participation in the Multi-Jurisdictional Notification System South Bay Pilot Program for an amount not to exceed $8,311 in year one, $7,939 in year two, and $7,939 in year three.
10. ADJOURNMENT
The City Council adjourns in memory of former City of Lomita Mayor Hal Croyts. The next regular meeting will be held on Tuesday, April 2, 2019, at 6:00 p.m. in the Council Chambers of City Hall, located at 24300 Narbonne Avenue, Lomita, CA.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours prior to the meeting at the following locations: Lomita City Hall lobby and outside bulletin board, Lomita Parks and Recreation, and uploaded to the City of Lomita website http://www.lomita.com/cityhall/city_agendas/.
Date Posted: March 15, 2019
______Kathleen Hill, CMC, City Clerk
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Reg CC Mtg, March 19, 2019, Page # 4 Item CC 7b MINUTES OF THE LOMITA CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 19, 2019
1. OPENING CEREMONIES
a. Call Meeting to Order
The regular meeting of the Lomita City Council was called to order at 6:32 p.m. on Tuesday, February 19, 2019, in the Council Chambers at Lomita City Hall, 24300 Narbonne Avenue, Lomita, CA.
b. Flag Salute
Mayor Sanchez led the salute to the flag.
c. Invocation
Mayor Sanchez gave the invocation.
d. Roll Call
Present: Council Members: Segawa, Savidan, Waronek, Mayor Pro Tem Gazeley and Mayor Sanchez
Absent:
Staff Present: City Manager Smoot; City Attorney Hogin; Assistant City Manager Sugano; Administrative Services Director Kamada; Community and Economic Development Director Velasco; Acting Parks & Recreation Director Sansbury; Public Works Director Dillon, and Deputy City Clerk Hill.
2. APPROVAL OF AGENDA
MOTION: Council Member Savidan made a motion, seconded by Council Member Waronek to approve the agenda.
MOTION CARRIED by the following vote:
AYES: Council Members: Segawa, Savidan, Waronek, Mayor Pro Tem Gazeley, and Mayor Sanchez NOES: None ABSENT: None
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Reg CC Mtg, March 19, 2019, Page # 5 Lomita City Council Regular Meeting Minutes February 19, 2019
3. PRESENTATIONS
Mr. Chris Cagle with the South Bay Workforce Investment Board (SBWIB) presented the Board’s 2nd Quarterly Report for program year 2018-2019. A summary of the report was provided as an attachment to the agenda packet.
4. ORAL COMMUNICATIONS
Joe McGrath, a Lomita resident, spoke against approving item j on the consent calendar, (Ordinance 800 – An Ordinance to amend the start time of council meetings). He stated that he has been attending council meetings for over thirteen years and it would be difficult to arrive on time if the council meeting time is changed to 6:00 p.m. He wanted his comments to be on record that he thinks that changing the time is a bad idea. He hopes that in the future residents are taken into consideration when setting meeting times.
5. ORAL COMMUNICATIONS AND MEETING ATTENDANCE REPORTS FROM THE CITY COUNCIL
Council Member Segawa mentioned that 250th Street is finished, it is wonderful, and she drives it frequently.
Council Member Savidan also had positive comments regarding 250th Street. He stated that the crews did an outstanding job.
Council Member Waronek mentioned that on Monday, February 18, 2019, he and Mayor Pro Tem Gazeley met with the Vice President of iIWU Local 13 Union. He will be attending the annual Lomita Kiwanis Fire and Sheriff’s Explorer Night on Tuesday, February 26, 2019, at 6:30 p.m. to present certificates of recognition to both the Sheriff Explorer and Fire Explorer of the year. He also has plans to attend the SBCCOG General Assembly in the City of Carson on February 28, 2019.
Mayor Pro Tem Gazeley elaborated on the meeting with the union representative. He stated that overseas companies are pushing to automate the ports. There are several Lomita residents that work down on the docks. He and Council Member Waronek plan to support the Union in their efforts to help save jobs and help the workers on the docks. He also attended the SBCCOG Steering Committee Meeting on Monday, February 11, 2019.
Mayor Sanchez attended the Lomita Post Care Valentine’s Day luncheon on February 13, 2019, and presented certificates of recognition to four employees. He facilitated the CERT meeting on Monday, February 18, 2019. There was a good turnout of both field personnel and leads and the team had an opportunity to conduct radio exercises.
6. CITY MANAGER’S REPORT (information only)
City Manager Smoot attended the City Manager’s conference in San Diego, February 13-15, 2019. He stated it was overall a beneficial conference with topics that included an ICMA session on ethics and updates from the CEO of CalPERS.
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Reg CC Mtg, March 19, 2019, Page # 6 Lomita City Council Regular Meeting Minutes February 19, 2019
7. CONSENT AGENDA
All items under the Consent Agenda are considered by the Council to be routine and will be enacted by one motion in the form listed below. There may be separate discussions of these items prior to the time the Council votes on the motion. Specific items may be removed from the Consent Agenda at the request of any Councilmember or staff.
MOTION: Mayor Pro Tem Gazeley made a motion, seconded by Council Member Savidan that Consent Calendar Items 7 a-l be approved.
a. Motion to Waive Full Reading of ordinances and that they be read in title only.
b. Approve the Minutes of the Regular Meeting held on February 5, 2019
RECOMMENDED ACTION: That the minutes be approved.
c. Approval of Warrants/Payroll Register
RECOMMENDED ACTION: That the Warrants/Payroll Register be approved and filed.
d. Monthly Report for the Administrative Services Department
RECOMMENDED ACTION: That the report be received and filed.
e. Monthly Report for City Manager’s Department
RECOMMENDED ACTION: That the report be received and filed.
f. Monthly Report for the Community and Economic Development Department
RECOMMENDED ACTION: That the report be received and filed.
g. Monthly Report for the Parks & Recreation Department
RECOMMENDED ACTION: That the report be received and filed.
h. Monthly Report for the Public Works Department
RECOMMENDED ACTION: That the report be received and filed.
i. December Treasury & Investment Report
RECOMMENDED ACTION: That the report be received and filed.
j. ORD 800 – AN ORDINANCE OF THE CITY OF LOMITA APPROVING CODE AMENDMENT 2019-01 TO AMEND SECTION 2-1.01 OF THE LOMITA MUNICIPAL CODE CHANGING THE STARTING TIME OF REGULAR CITY COUNCIL MEETINGS FROM 6:30 P.M. TO 6:00 P.M. AND FINDING THIS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Second Reading)
RECOMMENDED ACTION: That Ordinance No. 800 be adopted.
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Reg CC Mtg, March 19, 2019, Page # 7 Lomita City Council Regular Meeting Minutes February 19, 2019
k. Request for Proposals for Fleet Maintenance Services
RECOMMENDED ACTION: That the City Council authorize the issuance of a Request for Proposals (RFP) for fleet maintenance services.
l. Request approval of Amendment No. 1 to Professional Services Agreement with KEC Engineers, Inc., and Amendment No. 2 to Professional Services Agreement with Interwest Consulting Group for the construction of intersection improvements at Western Avenue/Palos Verde Drive North and Pacific Coast Highway/Walnut Street
RECOMMENDED ACTION: Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with KEC Engineers, Inc. in the amount of $4,000; and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Interwest Consulting Group, in the amount of $5,000.
MOTION CARRIED that all actions on the consent calendar be approved by the following vote:
AYES: Council Members: Segawa, Savidan, Waronek, Mayor Pro Tem Gazeley, and Mayor Sanchez NOES: None ABSENT: None
SCHEDULED ITEMS
8. DISCUSSION AND POSSIBLE DIRECTION ON SHORT-TERM RENTALS
Assistant City Manager Sugano stated that this item has been previously discussed at Council meetings in October 2016 and December 2018. He checked the short term listings from the top two sites. There are currently fifteen listings on Airbnb and five listings on VRBO. Staff has been monitoring since late 2016. Code enforcement reported two complaints last year, but they cannot determine if the complaints are specifically tied to short-term rentals. Short-term rental units are not listed in our zoning code so enforcing prohibition using today’s code would be problematic. He presented the following options for Council consideration: maintain the status quo with staff monitoring for complaints; enhance monitoring by employing a private company to determine addresses of units; direct staff to prepare an ordinance to allow short-term rentals with or without operational standards, and direct staff to prepare an ordinance for a city wide ban on short-term rentals.
Mayor Sanchez opened the floor for public comment. Lomita resident and Planning Commissioner David Popelka stated that he was in favor of maintaining status quo with this item.
Lomita resident Joe McGrath stated that he would like to see council be proactive with this issue and suggested mandating some sort of license or fee or limiting the amount of rental days.
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Reg CC Mtg, March 19, 2019, Page # 8 Lomita City Council Regular Meeting Minutes February 19, 2019
Assistant City Manager Sugano clarified that there are specific issues that can be addressed through code enforcement.
Mayor Pro Tem Gazeley stated that he did not see short-term rentals as a big problem and that he is in favor of continued monitoring. He expects more legislation from the State to be forthcoming regarding housing and he will keep the Council informed.
Council Member Waronek made a motion, seconded by Council Member Savidan to maintain status quo but to be proactive in continuing to monitor the number of short-term housing rentals within the City.
MOTION CARRIED
AYES: Council Members: Segawa, Savidan, Waronek, Mayor Pro Tem Gazeley, and Mayor Sanchez NOES: None ABSENT: None
9. ADJOURNMENT
There being no further business to discuss, the Mayor adjourned the meeting at 7:08 p.m. in memory of long time Lomita resident Bob Hanks. The next regular meeting will be held on Tuesday, March 5, 2019, at 6:30 p.m. in the Council Chambers of City Hall, located at 24300 Narbonne Avenue, Lomita, CA.
Respectfully submitted,
______Kathleen Hill, CMC, City Clerk
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Reg CC Mtg, March 19, 2019, Page # 9 This Page Intentionally Left Blank
Reg CC Mtg, March 19, 2019, Page # 10 CONSENT CALENDAR AGENDA NO. 7.C. March 19, 2019
TO: Honorable Mayor and City Council
FROM: Administrative Services Department
DATE: March 19, 2019
SUBJECT: WARRANT REGISTER PAYROLL REGISTER
March 5, 2019 TOTAL WARRANTS ISSUED: $ 406,005.10
Prepay: 522598-522603 Check Numbers: 522604-522669
Total Pages of Register: 7
March 19, 2019 TOTAL WARRANTS ISSUED: $ 376,947.50
Prepay: 522670-522681 Check Numbers: 522682-522755
Total Pages of Register: 7
February 15, 2019 TOTAL PAYROLL ISSUED: $ 97,377.11
March 1, 2019 TOTAL PAYROLL ISSUED: $ 98,307.56
I hereby certify that the demands or claims covered by the checks listed on pages 1 to 14 inclusive of the check register are accurate and funds are available for payment thereof:
______Susan Kamada Administrative Services Director
Reg CC Mtg, March 19, 2019, Page # 11 2/26/2019 1:17 PM A/P HISTORY CHECK REPORT PAGE: 1 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
4100 SOUTHLAND CREDIT UNION I-2/8/19 EMP C/UNION - P/END 2/8/19 R 2/13/2019 3,000.00 522598 3,000.00
7319 CALIF. STATE DISBURSEMENT UNIT I-2/15/19 EMP GARNISHMENT-P/DATE 2/15/19 R 2/14/2019 230.76 522599 230.76
7319 CALIF. STATE DISBURSEMENT UNIT I-2-15-19 EMP GARNISHMENT-P/DATE 2/15/19 R 2/14/2019 813.47 522600 813.47
7518 US DEPT OF EDUCATION AWG I-2/15/19 EMP GARNISHMENT-P/DATE 2/15/19 R 2/14/2019 32.45 522601 32.45
5050 SO. CALIF. EDISON CO. I-2/9/19 CH,PK,LND,MUS,TR SIG&PUMP UTIL R 2/19/2019 10,310.98 522602 10,310.98
7451 TPX COMMUNICATIONS I-2/19/19 INTERNET AND PHONE CHARGES R 2/19/2019 2,239.26 522603 2,239.26
7442 94 X 50 OFFICIATING I-2/13/19 BASKETBALL OFFICIAL FORFEIT R 3/05/2019 120.00 522604 120.00
6948 A1 LAWNMOWER SHOP I-01006 PW-CHAIN SAW MAINT. R 3/05/2019 262.80 522605 I-01007 PK-HEDGERS MAINT. SUPPLIES R 3/05/2019 48.18 522605 310.98
7353 ACE WHATEVER IT TAKES I-2889/1 PK-BLDG MAINT. SUPPLIES R 3/05/2019 38.51 522606 I-2892/1 PK-BLDG MAINT. SUPPLIES R 3/05/2019 20.98 522606 59.49
6941 ACORN TECHNOLOGY SERVICES I-51285 SHIPPING CHARGES R 3/05/2019 13.93 522607 13.93
7520 ADMIRAL SECURITY SERVICES, INC I-2045208 LOMITA MANOR-SECURITY SVCS R 3/05/2019 760.00 522608 I-2045342 LOMITA MANOR-SECURITY SVCS R 3/05/2019 1,488.00 522608 I-2045652 LOMITA MANOR-SECURITY SVCS R 3/05/2019 880.00 522608 3,128.00
7445 ALL CITY MANAGEMENT SERVICES, I-59501 CROSSING GUARD SERVICES R 3/05/2019 3,524.40 522609 3,524.40
0545 ALLIED WASTE TRANSFER SVCS (BF I-4404-000018423 PW-DUMP FEES R 3/05/2019 192.63 522610 192.63
Reg CC Mtg, March 19, 2019, Page # 12 2/26/2019 1:17 PM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
0310 ANDY GUMP, INC. I-INV604091 FENCE-NARBONNE R 3/05/2019 17.47 522611 17.47
7219 BEACH CITIES ENRICHMENT I-2-14-19 PK-JUNIOR GOLF INSTRUCTOR R 3/05/2019 336.00 522612 I-2/14/19 PK-YOUTH TENNIS INSTRUCTOR R 3/05/2019 441.00 522612 777.00
7477 BEST BEST & KRIEGER, LLP I-841420 LEGAL SERVICES JAN 19 R 3/05/2019 8,000.00 522613 I-841421 CODE ENFORCEMENT JAN 19 R 3/05/2019 17,862.00 522613 I-841422 SPECIAL SERVICES JAN 19 R 3/05/2019 156.00 522613 I-841423 GRFCO, INC.-ATTORNEY FEES R 3/05/2019 4,755.50 522613 I-841424 ARAUJO-ATTORNEY FEES R 3/05/2019 136.50 522613 I-841425 EMERALD CH./ATTORNEY FEES R 3/05/2019 1,477.00 522613 32,387.00
3168 CALIFORNIA BANNER & SIGN CO. I-17658 CH-SIGNS R 3/05/2019 52.56 522614 I-17730 PK-SIGNS R 3/05/2019 295.65 522614 348.21
7371 CORPORATE PAYMENT SYSTEMS I-1/16/19 M. ANDERSEN-1/25/19 R 3/05/2019 1,563.88 522615 I-1/17/19 K. HILL-1/25/19 R 3/05/2019 649.56 522615 I-1/20/19 M. WARONEK-1/25/19 R 3/05/2019 833.06 522615 3,046.50
6828 CREATIVE SOFTWARE SOLUTIONS I-6394 SEPTEMBER 18-DAR R 3/05/2019 1,057.50 522616 1,057.50
1075 DEPT OF JUSTICE I-354942 LIVE SCAN JAN 19 R 3/05/2019 128.00 522617 128.00
7521 DERO I-INV-00032210 BIKE RACKS R 3/05/2019 3,932.80 522618 3,932.80
4685 ERIKA REYES I-2/14/19 ADMIN. SVCS-MILEAGE REIMB. R 3/05/2019 15.31 522619 15.31
4687 GIANG VO I-2/15/19 PW-MILEAGE REIMBURSEMENT R 3/05/2019 13.92 522620 13.92
3070 GRAINGER I-9062513990 PW-SHELVES R 3/05/2019 493.09 522621 493.09
7091 HOLIDAYGOO I-17376 PK-EASTER SUPPLIES R 3/05/2019 1,076.13 522622 1,076.13
Reg CC Mtg, March 19, 2019, Page # 13 2/26/2019 1:17 PM A/P HISTORY CHECK REPORT PAGE: 3 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
3052 HOME DEPOT CREDIT SERVICES I-1/28/19 PK & PW MAINT. SUPPLIES R 3/05/2019 2,060.13 522623 2,060.13
3037 ICON I-021519-1 PK-STAFF UNIFORMS R 3/05/2019 569.11 522624 569.11
7420 JFS CARE I-1/2019 LIFELINE SERVICES JAN 19 R 3/05/2019 723.75 522625 723.75
3887 JOHN L. HUNTER & ASSOCIATES I-LOMNP1218 NPDES INSPECTION & PERMIT R 3/05/2019 1,477.50 522626 1,477.50
7498 JOHNSON CONTROLS SECURITY SOLU I-32001420 MUSEUM SECURITY/MAR-MAY 19 R 3/05/2019 210.69 522627 210.69
4692 KATHLEEN HILL I-2/11/19 CITY CLERK-MILEAGE REIMB. R 3/05/2019 45.24 522628 45.24
3507 L & B PIPE AND SUPPLY CO. I-S1205415.001 PK-BLDG MAINT. SUPPLIES R 3/05/2019 503.59 522629 503.59
3048 L.A. COUNTY SHERIFF'S DEPT. I-192537CY JANUARY 19 R 3/05/2019 272,933.92 522630 272,933.92
3130 L.A. COUNTY DEPT ANIMAL CARE I-2/15/19 ANIMAL HOUSING JAN 19 R 3/05/2019 1,394.60 522631 1,394.60
3590 LEAGUE OF CALIF CITIES I-189336 MEMBERSHIP DUES 2019 R 3/05/2019 8,637.00 522632 8,637.00
3903 LOMITA CITY EMPLOYEES ASSOCTN I-2/1/19 FEB 19 DUES R 3/05/2019 620.00 522633 620.00
3409 LOMITA POSTAL & PARCEL I-154370 PW-SHIPPING COST R 3/05/2019 30.00 522634 30.00
3103 LOMITA TRAILER SUPPLY I-505585 PW-TRAILER HITCH R 3/05/2019 229.84 522635 229.84
3600 M & K METAL CO. I-162782 PW-METAL R 3/05/2019 180.28 522636 180.28
7019 M & N AUTOMOTIVE I-17164 PW-2002 FORD RANGER REPAIR R 3/05/2019 835.45 522637 835.45
Reg CC Mtg, March 19, 2019, Page # 14 2/26/2019 1:17 PM A/P HISTORY CHECK REPORT PAGE: 4 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
7356 M. HARA LAWNMOWER CENTER I-41014 PW-CHAIN SAW MAINT. R 3/05/2019 503.16 522638 I-41037 CH-CHAIN SAW MAINT. R 3/05/2019 191.08 522638 I-41038 PW-CHAIN SAW ENGINE MAINT. R 3/05/2019 279.73 522638 973.97
3085 MARK'S LOCK & SAFE, INC. I-0000033608 PK-HD DVR R 3/05/2019 1,090.62 522639 I-0000033664 PK-DOOR REPAIR R 3/05/2019 292.27 522639 1,382.89
7247 MICHAEL BAKER INTERNATIONAL, I I-1040333 CDBG PROF SVCS JAN 19 R 3/05/2019 2,700.00 522640 I-158452 LOMITA MANOR JAN 19 R 3/05/2019 70.00 522640 2,770.00
4558 MICHAEL MC DANIEL I-2/20/19 GIS/MAPPING SVCS-OCT-FEB 19 R 3/05/2019 1,460.00 522641 1,460.00
3338 MICHAEL SANSBURY I-1/31/19 PK-MILEAGE REIMBURSEMENT R 3/05/2019 66.12 522642 66.12
6750 MICHI YAMATO I-2/15/19 PK-YOUTH GYMNASTIC INSTRUCTOR R 3/05/2019 823.20 522643 823.20
7461 NERY'S AUTO REPAIR I-35680 PKG ENF-PRIUS OIL CHANGE R 3/05/2019 57.61 522644 57.61
6687 OCE/CANON SOLUTIONS AMERICA, I I-989142000 PLOTTER MAINT. FEB 19 R 3/05/2019 262.16 522645 262.16
3295 PACIFIC SIGN & STAMP, INC. I- 523646 CH-RUBBER STAMP R 3/05/2019 40.46 522646 40.46
9052 PIXEL GRAPHIC DESIGN I-874A STATE OF THE CITY FLYER LAYOUT R 3/05/2019 196.90 522647 I-886 BANNER R 3/05/2019 117.85 522647 I-887 FOUNDER'S DAY FLYERS R 3/05/2019 75.00 522647 I-888 SPECIAL EVENT CALENDAR 2019 R 3/05/2019 200.00 522647 589.75
3705 POLLARD WATER C-CM006062 RETURN ITEMS R 3/05/2019 409.80CR 522648 I-0129509 PW-SHUT OFF TOOL R 3/05/2019 316.68 522648 I-0129511 PW-CHART RECORDERS R 3/05/2019 209.13 522648 116.01
6377 R.F. DICKSON CO., INC. I-2509534 STREET SWEEPING JAN 19 R 3/05/2019 7,933.23 522649 7,933.23
Reg CC Mtg, March 19, 2019, Page # 15 2/26/2019 1:17 PM A/P HISTORY CHECK REPORT PAGE: 5 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
7126 REEF POINT STUDIOS, INC I-1336 PKG ENF-UNIFORMS R 3/05/2019 76.65 522650 76.65
3180 REGINA COSTELLO I-2/14/19 PK-DANCE CLASS INSTRUCTOR R 3/05/2019 1,975.40 522651 1,975.40
7417 RETAIL DESIGN COLLABORATIVE I-0113035 DOWNTOWN PLAN R 3/05/2019 2,669.60 522652 2,669.60
9122 ROLAND GUTIERREZ I-2/13/19 CARDIO SALSA DANCE INSTRUCTOR R 3/05/2019 309.40 522653 309.40
3050 SEARS COMMERCIAL ONE I-2/10/19 PW-UNIFORMS-JOSE/CARLOS R 3/05/2019 366.72 522654 366.72
10992 SELENA ZOUABI I-2/19/19 PK-PARK RENTAL REFUND R 3/05/2019 215.00 522655 215.00
7394 SHARMONE P. LA ROSE I-2/25/19 PK-YOGA CLASS INSTRUCTOR R 3/05/2019 1,319.50 522656 1,319.50
7188 SHARP BUSINESS SYSTEMS I-9001705123 PK & PW JAN 19 COPIER USAGE R 3/05/2019 379.02 522657 379.02
6102 SIEMENS INDUSTRY, INC. I-5610147081 STREET LIGHT MAINT. JAN 19 R 3/05/2019 169.83 522658 I-5610147557 TRAFFIC SIGNAL MAINT. JAN 19 R 3/05/2019 443.03 522658 612.86
7233 SITEONE LANDSCAPE SUPPLY, LLC. I-89167556-001 PK-LANDSCAPE MAINT. SUPPLIES R 3/05/2019 193.43 522659 193.43
6905 SOUTH BAY AUTO MD'S I-1097 2000 FORD RANGER REPAIR R 3/05/2019 527.59 522660 I-1100 2000 FORD RANGER REPAIR R 3/05/2019 1,905.68 522660 2,433.27
3045 STAPLES ADVANTAGE I-8053142055 MUSEUM-OFFICE SUPPLIES R 3/05/2019 492.54 522661 492.54
6393 SULLY-MILLER CONTRACTING CO. I-1414590 PW-ASPHALT R 3/05/2019 428.92 522662 I-1418399 PW-ASPHALT R 3/05/2019 167.67 522662 596.59
3956 TED'S PLUMBING SERVICE, INC. I-27621 STEPHENSON-RESTROOM MAINT. R 3/05/2019 1,021.76 522663 I-27627 HATHAWAY PK-CLEAR SEWER LINE R 3/05/2019 595.00 522663 1,616.76
Reg CC Mtg, March 19, 2019, Page # 16 2/26/2019 1:17 PM A/P HISTORY CHECK REPORT PAGE: 6 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
6085 THOMPSON BUILDING MATERIALS I-IV-62132 PW-STREET SUPPLIES R 3/05/2019 138.17 522664 I-IV-I61154 PW-WATER SUPPLIES R 3/05/2019 36.27 522664 I-IV-I61267 PW-STREET SUPPLIES R 3/05/2019 178.38 522664 I-IV-I61269 PW-STREET SUPPLIES R 3/05/2019 74.56 522664 I-IV-I61395 PW-STREET SUPPLIES R 3/05/2019 85.71 522664 I-IV-I61824 PW-STREET SUPPLIES R 3/05/2019 83.32 522664 I-IV-I61851 PW-WATER SUPPLIES R 3/05/2019 54.47 522664 I-IV-I61867 PW-STREET SUPPLIES R 3/05/2019 166.64 522664 I-IV-I62060 PW-WATER SUPPLIES R 3/05/2019 125.55 522664 I-IV-I62512 PW-WATER SUPPLIES R 3/05/2019 90.67 522664 I-IV-I62702 PW-WATER SUPPLIES R 3/05/2019 84.51 522664 I-IV-I62736 PW-WATER SUPPLIES R 3/05/2019 21.78 522664 1,140.03
6907 TORRANCE HEALTH ASSOCIATION I- 2/15/19 PK-MUSCLE STRENGTH CLASS INSTR R 3/05/2019 617.40 522665 617.40
7327 UNITED RENTALS (NORTH AMERICA) I-165650890-001 PW-VALVE FOR COMPRESSOR R 3/05/2019 65.59 522666 I-165873927-001 SOIL COMPACTOR RENTAL R 3/05/2019 114.48 522666 I-166063311-001 PW-SOIL COMPACTOR RENTAL R 3/05/2019 114.48 522666 294.55
6477 VERIZON WIRELESS GOV. MARKETS I-9824232896 CITY EMP CELL PHONE CHARGES R 3/05/2019 1,018.87 522667 1,018.87
6169 WATER REPLENISHMENT DISTRICT I-12/31/18 ASSESSMENT DEC 18 R 3/05/2019 14,336.31 522668 14,336.31
7063 WESTFIELD ELECTRIC I-2002 ELECTRIC WORK FOR IT ROOM R 3/05/2019 1,145.42 522669 1,145.42
* * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 72 406,005.10 0.00 406,005.10 HAND CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 EFT: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00
VOID CHECKS: 0 VOID DEBITS 0.00 VOID CREDITS 0.00 0.00 0.00 TOTAL ERRORS: 0
Reg CC Mtg, March 19, 2019, Page # 17 2/26/2019 1:17 PM A/P HISTORY CHECK REPORT PAGE: 7 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT VENDOR SET: 01 BANK: UB2 TOTALS: 72 406,005.10 0.00 406,005.10 BANK: UB2 TOTALS: 72 406,005.10 0.00 406,005.10 REPORT TOTALS: 72 406,005.10 0.00 406,005.10
Reg CC Mtg, March 19, 2019, Page # 18 3/12/2019 2:12 PM A/P HISTORY CHECK REPORT PAGE: 1 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
7319 CALIF. STATE DISBURSEMENT UNIT I-3/1/19 EMP GARNISHMENT-P/DATE 3/1/19 R 2/28/2019 230.76 522670 230.76
7518 US DEPT OF EDUCATION AWG I-3/1/19 EMP GARNISHMENT-P/DATE 3/1/19 R 2/28/2019 32.45 522671 32.45
7319 CALIF. STATE DISBURSEMENT UNIT I-3-1-19 EMP GARNISHMENT-P/DATE 3/1/19 R 2/28/2019 813.47 522672 813.47
6442 LINCOLN NATIONAL LIFE INS. CO. I-2/19 EMP LIFE/STD/LTD INS-FEB/MAR R 2/28/2019 4,064.52 522673 4,064.52
4015 AFLAC I-1/19 EMP LIFE/ACCID INS-JAN/FEB 19 R 3/04/2019 1,554.02 522674 1,554.02
4060 ALLIANZ LIFE INSURANCE CO. I-2/19 EMP LIFE INS/FEB 19 R 3/04/2019 137.31 522675 137.31
4010 AMERITAS LIFE INSURANCE I-3/19 EMP DENTAL INS/MAR 19 R 3/04/2019 3,947.32 522676 3,947.32
4040 COLONIAL INSURANCE CO. I-3/19 EMP LIFE/ACCID INS/MAR 19 R 3/04/2019 3,025.02 522677 3,025.02
4080 PERS LONG-TERM CARE PROGRAM I-2/19 EMP LONG TERM CARE/FEB 19 R 3/04/2019 208.58 522678 208.58
4130 VISION SERVICE PLAN (CA) I-2/19 EMP VISION INS-FEB 19 R 3/04/2019 1,013.08 522679 1,013.08
7478 SUSAN KAMADA-PETTY CASH I-2/19 C/H,PK,MUS&FELD P CASH/DEC-FEB R 3/07/2019 532.76 522680 532.76
3125 POSTMASTER I-3/7/19 SPRING N/LETTER POSTAGE CHRGS R 3/12/2019 819.37 522681 819.37
6948 A1 LAWNMOWER SHOP I-01011 PK-EQUIPMENT REPAIR R 3/19/2019 103.00 522682 103.00
6789 AASLH (AMERICAN ASSOC. FOR STA I-12/3/18 MUSEUM-MEMBERSHIP RENEWAL R 3/19/2019 98.00 522683 98.00
7353 ACE WHATEVER IT TAKES C-2923/1 RETURN ITEMS R 3/19/2019 2.19CR 522684 I-2897/1 PW-STREET MAINT. SUPPLIES R 3/19/2019 72.64 522684 I-2913/1 PW-PAINT SUPPLIES R 3/19/2019 41.33 522684 I-2921/1 PW-STREET SUPPLIES R 3/19/2019 33.46 522684 145.24
Reg CC Mtg, March 19, 2019, Page # 19 3/12/2019 2:12 PM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
0180 ADMINISTRATIVE SERV CO-OP, INC I-3470 JANUARY 19-DAR R 3/19/2019 28,173.42 522685 28,173.42
0545 ALLIED WASTE TRANSFER SVCS (BF I-4-4404-0580711 PW-DUMP FEES R 3/19/2019 1,642.88 522686 1,642.88
0285 AMTECH ELEVATOR SERVICES I-DVL07733319 ELEVATOR MAINT. MAR-MAY R 3/19/2019 548.19 522687 548.19
9568 ANGELA CHAVEZ I-2/25/19 PK-CLASS REGISTRATION REFUND R 3/19/2019 81.60 522688 81.60
10991 ANTHONY FULTON I-3/5/19 SOFTBALL FIELD RENTAL REFUND R 3/19/2019 310.00 522689 310.00
3334 AUTOZONE, INC. I-2859130945 PW-MAINT. SUPPLIES R 3/19/2019 27.32 522690 27.32
7219 BEACH CITIES ENRICHMENT I-3/6/19 PK-JUNIOR GOLF INSTRUCTOR R 3/19/2019 80.00 522691 80.00
7477 BEST BEST & KRIEGER, LLP I-843532 LEGAL SERVICES FEB 19 R 3/19/2019 8,000.00 522692 I-843533 CODE ENFORCEMENT FEB 19 R 3/19/2019 2,116.00 522692 I-843534 GRFCO, INC.-ATTORNEY FEES R 3/19/2019 1,225.84 522692 I-843535 EMERALD CH-ATTORNEY FEES R 3/19/2019 5,981.50 522692 17,323.34
0655 CALIF WATER SERVICE CO. I-2/26/19 FEBRUARY 2019 WATER UTILITIES R 3/19/2019 304.51 522693 304.51
3168 CALIFORNIA BANNER & SIGN CO. I-17731 PK-BANNER INSERTS R 3/19/2019 268.28 522694 268.28
7524 CALIFORNIA CONSULTING, INC. I-2889 GRANT WRITING SERVICES R 3/19/2019 5,009.78 522695 5,009.78
4691 CARLA DILLON I-3/4/19 PW-MILEAGE REIMBURSEMENT R 3/19/2019 61.74 522696 61.74
10995 CHARLIE HUSS CLOTHING I-3/5/19 BUSINESS LICENSE REFUND R 3/19/2019 34.00 522697 34.00
6751 CONICO RORO, INC. I-2/28/19 GAS FEBRUARY 2019 R 3/19/2019 2,057.27 522698 2,057.27
Reg CC Mtg, March 19, 2019, Page # 20 3/12/2019 2:12 PM A/P HISTORY CHECK REPORT PAGE: 3 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
7371 CORPORATE PAYMENT SYSTEMS I-1/29/19 M. WARONEK-2/25/19 R 3/19/2019 1,523.38 522699 I-2/1/19 S. KAMADA-2/25/19 R 3/19/2019 530.00 522699 I-2/11/19 R. SMOOT-2/25/19 R 3/19/2019 573.85 522699 I-2/12/19 M. FOSNAUGH-2/25/19 R 3/19/2019 308.24 522699 I-2/14/19 LOMITA PARK-2/25/19 R 3/19/2019 1,175.62 522699 I-2/15/19 M. ANDERSEN-2/25/19 R 3/19/2019 61.23 522699 I-2/17/18 M. SANSBURY-2/25/19 R 3/19/2019 1,628.19 522699 I-2/18/19 D. GREEN-2/25/19 R 3/19/2019 68.88 522699 I-2/20/19 H. EVERETT-2/25/19 R 3/19/2019 490.72 522699 I-2/4/19 L. VANDER NEUT R 3/19/2019 828.71 522699 I-2/5/19 P. MCCUE-2/25/19 R 3/19/2019 1,780.90 522699 I-2/6/19 K. HILL-2/25/19 R 3/19/2019 342.76 522699 I-2/7/19 M. GONZALES-2/25/19 R 3/19/2019 121.41 522699 I-2/8/19 G. SUGANO-2/25/19 R 3/19/2019 106.96 522699 9,540.85
1005 DAILY BREEZE I-2/28/19 ORDINANCE AD R 3/19/2019 356.15 522701 356.15
6757 DATAPROSE, INC. I-DP1900521 LEAK LETTER MAILING FEB 19 R 3/19/2019 437.76 522702 I-DP1900522 BL & WTR MAILING FEB 19 R 3/19/2019 431.90 522702 869.66
10994 DEBORAH CASSANOVA I-2/27/19 DIAL-A-RIDE REFUND R 3/19/2019 40.00 522703 40.00
7438 DUKE SERVICE CENTER, INC. I-3/4/19 GAS FEBRUARY 2019 R 3/19/2019 332.26 522704 332.26
7116 FERGUSON WATERWORKS #1083 I-0664774 METER ANTENNA REPLACEMENT R 3/19/2019 177.39 522705 177.39
7515 GJ GENTRY GENERAL ENGINEERING, I-3/6/19 253RD PLACE WATER MAIN R 3/19/2019 56,802.65 522706 56,802.65
3306 GLOBAL POWER GROUP, INC. I-60484 EMERGENCY GENERATOR MAINT. R 3/19/2019 1,685.34 522707 1,685.34
6946 HACH COMPANY I-11356882 CWPF-CHEMICAL REAGENT R 3/19/2019 445.15 522708 I-11363185 MAINT AGREEMENT CWPF R 3/19/2019 7,449.00 522708 7,894.15
7144 HAZEN AND SAWYER, P.C. I-0000029 CWPF UPGRADES/ZONE II R 3/19/2019 250.00 522709 250.00
Reg CC Mtg, March 19, 2019, Page # 21 3/12/2019 2:12 PM A/P HISTORY CHECK REPORT PAGE: 4 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
4505 HELEN EVERETT I-3/4/19 PK-MILEAGE REIMBURSEMENT R 3/19/2019 22.56 522710 22.56
3141 JOSHUA DUNCAN I-2/27/19 PK-KARATE CLASS INSTRUCTOR R 3/19/2019 2,912.00 522711 2,912.00
3072 KEEP CLEAN PRODUCTS I-310435 PK-BLDG MAINT. SUPPLIES R 3/19/2019 363.92 522712 I-310496 PK-BLDG MAINT. SUPPLIES R 3/19/2019 317.21 522712 I-310620 PK-BLDG MAINT. SUPPLIES R 3/19/2019 120.26 522712 801.39
3331 LEE'S TIRES I-40560 PK-TIRE REPAIR R 3/19/2019 25.00 522713 I-40931 PW-2003 FORD F350 TIRES R 3/19/2019 370.74 522713 I-41277 PW-2000 SILVERADO 1500 TIRES R 3/19/2019 679.10 522713 1,074.84
6349 LIEBERT CASSIDY WHITMORE I-1473167 HR ATTORNEY JAN 19 R 3/19/2019 259.00 522714 259.00
3317 LOMITA OBEDIENCE TRAINING CLUB I-3/4/19 DOG OBEDIENCE CLASS INSTRUCTOR R 3/19/2019 3,990.00 522715 3,990.00
6312 LUIGI SCHIAPPA DEVELOPMENT I-02272019 TEMP METER REFUND R 3/19/2019 736.61 522716 736.61
3600 M & K METAL CO. I-164492 PW-STREET SUPPLIES R 3/19/2019 156.02 522717 156.02
7523 M & M LANDSCAPING I-1165 PK-LANDSCAPE MAINT. R 3/19/2019 1,350.00 522718 1,350.00
4693 MALIK BRANCHE I-2/25/19 PK-MILEAGE REIMBURSEMENT R 3/19/2019 17.05 522719 17.05
3064 MANERI SIGN CO., INC. I-40005255 STREET NAME SIGNS R 3/19/2019 170.06 522720 I-40005300 STREET SIGNS & SUPPLIES R 3/19/2019 1,367.16 522720 1,537.22
3226 MARIA MCCORMACK I-2/25/19 PK-RIMB. FOR PLANTS R 3/19/2019 50.64 522721 I-3/4/19 PK-MILEAGE REIMBURSEMENT R 3/19/2019 28.88 522721 79.52
3085 MARK'S LOCK & SAFE, INC. I-0000033728 CH-KEYS FOR IT OFFICE R 3/19/2019 49.44 522722 49.44
Reg CC Mtg, March 19, 2019, Page # 22 3/12/2019 2:12 PM A/P HISTORY CHECK REPORT PAGE: 5 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
7247 MICHAEL BAKER INTERNATIONAL, I I-1042213 CDBG PROF SVCS FEB 19 R 3/19/2019 3,000.00 522723 3,000.00
3338 MICHAEL SANSBURY I-2/28/19 PK-MILEAGE REIMBURSEMENT R 3/19/2019 44.66 522724 44.66
7493 NISSAN MOTOR ACCEPTANCE CORPOR I-3/4/19 LEAF LEASE R 3/19/2019 328.43 522725 328.43
7496 NUMA NETWORKS I-23341 INCODE 10 UPGRADE R 3/19/2019 3,680.00 522726 I-23342 OFFICE 365 MIGRATION R 3/19/2019 6,052.59 522726 I-23343 SERVER RACKS R 3/19/2019 2,612.96 522726 I-23347 NEW PC R 3/19/2019 1,621.55 522726 I-23397 IT-DMV SOFTWARE R 3/19/2019 590.80 522726 I-23438 IT SERVICES MARCH 19 R 3/19/2019 7,800.00 522726 I-23535 SERVER LABOR COST R 3/19/2019 5,500.00 522726 27,857.90
6594 OFFICE DEPOT I-268422964001 CH-OFFICE SUPPLIES R 3/19/2019 10.60 522727 I-268423584001 CH-OFFICE SUPPLIES R 3/19/2019 93.99 522727 I-269124837001 PW-OFFICE SUPPLIES R 3/19/2019 183.75 522727 I-277282204001 CH-OFFICE SUPPLIES R 3/19/2019 85.05 522727 I-281065517001 CH-POSTER FOR ANTI GANG WALK R 3/19/2019 79.30 522727 452.69
4672 PATRICK McCUE I-1/31/19 PW-MILEAGE REIMBURSEMENT R 3/19/2019 40.25 522728 I-10/31/18 PW-MILEAGE REIMBURSEMENT R 3/19/2019 42.46 522728 I-12/31/18 PW-MILEAGE REIMBURSEMENT R 3/19/2019 66.00 522728 148.71
4597 PIO NUNEZ I-3/4/19 PK-MILEAGE REIMBURSEMENT R 3/19/2019 37.29 522729 37.29
7223 PITNEY BOWES GLOBAL FINANCIAL I-3102950685 DEC-MAR 19 POSTAGE LEASE R 3/19/2019 276.66 522730 276.66
3054 PRAXAIR DISTRIBUTION, INC. I-87786755 ACETYLENE CYLINDER RENTAL R 3/19/2019 49.20 522731 49.20
7135 QUANTUM CONSULTING, INC. I-LO19.002 ENGINEERING SERVICES R 3/19/2019 1,270.00 522732 1,270.00
7126 REEF POINT STUDIOS, INC I-1297 PW-RAIN JACKETS R 3/19/2019 1,160.70 522733 I-1356 PKG ENF-UNIFORMS R 3/19/2019 284.70 522733 I-1391 PW-RAIN JACKETS R 3/19/2019 180.68 522733 1,626.08
Reg CC Mtg, March 19, 2019, Page # 23 3/12/2019 2:12 PM A/P HISTORY CHECK REPORT PAGE: 6 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
3066 RUSHER AIR CONDITIONING I-2072305 CWPF-REPLACE A/C MOTOR R 3/19/2019 2,507.99 522734 2,507.99
7463 SAKIOKA WHOLESALE NURSERY, INC I-20026751 PK-LANDSCAPE SUPPLIES R 3/19/2019 295.80 522735 295.80
7188 SHARP BUSINESS SYSTEMS I-9001748926 CH-FEB 19 COPIER USAGE R 3/19/2019 266.24 522736 I-9001776630 PK & PW FEB 19 COPIER USAGE R 3/19/2019 437.36 522736 703.60
10993 SHUEH-CHYNN LEE I-2/27/19 DIAL-A-RIDE REFUND R 3/19/2019 46.00 522737 46.00
7233 SITEONE LANDSCAPE SUPPLY, LLC. I-89360067-001 PK-LANDSCAPE MAINT. SUPPLIES R 3/19/2019 658.88 522738 658.88
5040 SO. CALIF. GAS CO. I-3/6/19 CH, PK & MUSEUM GAS UTILITIES R 3/19/2019 2,002.78 522739 2,002.78
3544 SOUTH BAY CITIES COUNCIL OF GO I-3/1/19 MONTHLY CM'S MEETING LUNCHEON R 3/19/2019 40.00 522740 40.00
3045 STAPLES ADVANTAGE I-8053387770 PK-OFFICE SUPPLIES R 3/19/2019 74.21 522741 74.21
6085 THOMPSON BUILDING MATERIALS I-IV-I62937 PW-WATER SUPPLIES R 3/19/2019 209.80 522742 I-IV-I63030 PW-WATER SUPPLIES R 3/19/2019 127.37 522742 I-IV-I63304 PW-STREET SUPPLIES R 3/19/2019 111.89 522742 I-IV-I63395 PW-STREET SUPPLIES R 3/19/2019 127.37 522742 I-IV-I63399 PW-STREET SUPPLIES R 3/19/2019 63.69 522742 I-IV-I63695 PW-WATER SUPPLIES R 3/19/2019 145.71 522742 I-IV-I64064 PW-STREET SUPPLIES R 3/19/2019 24.05 522742 I-IV-I64167 PW-STREET SUPPLIES R 3/19/2019 127.37 522742 I-IV-I64168 PW-STREET SUPPLIES R 3/19/2019 89.61 522742 I-IV-I64174 PW-STREET SUPPLIES R 3/19/2019 127.37 522742 I-IV-I64204 PW-STREET SUPPLIES R 3/19/2019 218.32 522742 I-IV-I64232 PW-STREET SUPPLIES R 3/19/2019 178.38 522742 1,550.93
4632 ULISES ESCALONA I-2/19/19 PW-MILEAGE REIMBURSEMENT R 3/19/2019 47.56 522743 47.56
3123 UNDERGROUND SERVICE ALERT\SC I-18DSBFEE903 CA STATE FEE R 3/19/2019 38.69 522744 I-220190396 38 DIG ALERTS R 3/19/2019 72.70 522744 111.39
Reg CC Mtg, March 19, 2019, Page # 24 3/12/2019 2:12 PM A/P HISTORY CHECK REPORT PAGE: 7 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
7327 UNITED RENTALS (NORTH AMERICA) I-163291541-001 PW-AIR COMPRESSOR RENTAL R 3/19/2019 649.21 522745 I-163324418-002 PW-DUMP TRUCK RENTAL R 3/19/2019 2,430.55 522745 I-163324418-003 PW-DUMP TRUCK RENTAL R 3/19/2019 1,816.20 522745 I-163325057-001 PW-HYDROLIC LEAK REPAIR R 3/19/2019 735.83 522745 I-163325664-001 PW-AIR BREAK REPAIR R 3/19/2019 1,165.39 522745 I-163326037-001 PW-BOOM LIFT TRUCK REPAIR R 3/19/2019 3,696.46 522745 I-163326413-001 PW-AIR COMPRESSOR REPAIR R 3/19/2019 1,732.58 522745 I-163595228-002 PW-AIR COMPRESSOR RENTAL R 3/19/2019 852.25 522745 I-163595228-003 PW-AIR COMPRESSOR RENTAL R 3/19/2019 649.21 522745 I-164544747-001 PW-TOW FEE FOR BOOM TRUCK R 3/19/2019 595.40 522745 I-165503796-001 PW-BACKHOE TIRES REPAIR R 3/19/2019 1,013.01 522745 I-165649224-002 PW-AIR COMPRESSOR RENTAL R 3/19/2019 1,093.79 522745 I-165752708-001 PW-BREAKER PAVEMENT RENTAL R 3/19/2019 639.91 522745 17,069.79
7304 UNIVAR U.S.A., INC. I-LA704823 CWPF CHEMICAL SUPPLIES R 3/19/2019 2,681.66 522747 2,681.66
6878 URBAN FEET, INC. I-LOM03119 PK & PW-SAFETY JACKET & BOOTS R 3/19/2019 405.10 522748 405.10
3760 VOLKSWAGEN CREDIT I-3/11/19 GOLF LEASE R 3/19/2019 248.77 522749 248.77
7373 WELLS FARGO VENDOR FIN SERV I-69342424 MAY 19 COPIER LEASE R 3/19/2019 351.50 522750 I-69357299 MARCH 19 COPIER LEASE R 3/19/2019 481.80 522750 833.30
3044 WEST BASIN MUNICPL WATER DIST. I-WB5204 FEBRUARY 2019 R 3/19/2019 137,967.50 522751 137,967.50
3198 WEST COAST ARBORISTS, INC. I-144744 PW-TREE TRIMMING R 3/19/2019 2,699.60 522752 I-145142 PW-TREE TRIMMING R 3/19/2019 3,271.20 522752 5,970.80
6587 WESTERN MEDICAL GROUP, INC I-41720 PRE-EMP PHYSICAL EXAMS R 3/19/2019 285.00 522753 285.00
7063 WESTFIELD ELECTRIC I-2049 DOWNTOWN LIGHT REPLACEMENT R 3/19/2019 4,700.00 522754 4,700.00
7282 WILLIAMS DATA MANAGEMENT I-0459904 PLANNING-FILE STORAGE FEB 19 R 3/19/2019 73.49 522755 73.49
Reg CC Mtg, March 19, 2019, Page # 25 3/12/2019 2:12 PM A/P HISTORY CHECK REPORT PAGE: 8 VENDOR SET: 01 City of Lomita BANK: UB2 CASH INVESTMENTS POOLED DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
* * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 84 376,947.50 0.00 376,947.50 HAND CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 EFT: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00
VOID CHECKS: 0 VOID DEBITS 0.00 VOID CREDITS 0.00 0.00 0.00 TOTAL ERRORS: 0 NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT VENDOR SET: 01 BANK: UB2 TOTALS: 84 376,947.50 0.00 376,947.50 BANK: UB2 TOTALS: 84 376,947.50 0.00 376,947.50 REPORT TOTALS: 84 376,947.50 0.00 376,947.50
Reg CC Mtg, March 19, 2019, Page # 26 CITY OF LOMITA CITY COUNCIL REPORT
TO: City Council Item No. CC 7d
FROM: Ryan Smoot, City Manager
PREPARED BY: Susan Kamada, Administrative Services Director
MEETING DATE: March 19, 2019
SUBJECT: Monthly Report for the Administrative Services Department
RECOMMENDATION
Receive and file the monthly report for the Administrative Services Department.
BACKGROUND
Accounting Activities:
Staff attended the EOC Training Staff attended the CalPERS Prefunding Workshop Staff attended the CSMFO “Fundamentals of Fees, Rates, Charges, and Land- Based Financing Tools” Workshop Staff attended the AB1234 Ethics Training Staff attended the Liebert & Cassidy “Understanding the Roles of Public Employees” Workshop Staff prepared the Finance Committee Meeting Reports
Department activity levels for the month of February 2019 are provided below:
Journal Entries/Adjustments 5 Payroll Updates/Maintenance Changes 25 / 3 New Hire Purchase Orders Issued 11 Purchase Orders Paid 10 Invoices Processed for Payment 258 Checks Processed (Demands & Manual) 175 Payroll Checks Processed 172 Business Licenses Issued (New / Renewals) 17/69 Water Utility Bills Mailed/Late Notices Issued Late Notices Issued 630 Service Orders Issued (for Water Accounts) 58
1 Reg CC Mtg, March 19, 2019, Page # 27
OPTIONS:
None. Information only. Receive and file.
FISCAL IMPACT
None. Information only. Receive and file.
Reviewed by: Approved by:
______Gary Y. Sugano Ryan Smoot Assistant City Manager City Manager
Prepared by:
______Susan Kamada Administrative Services Director
2 Reg CC Mtg, March 19, 2019, Page # 28 CITY OF LOMITA CITY COUNCIL REPORT
TO: City Council Item No. CC 7e
FROM: Ryan Smoot, City Manager
PREPARED BY: Gary Y. Sugano, Assistant City Manager
MEETING DATE: March 19, 2019
SUBJECT: Monthly Report for the City Manager’s Department
RECOMMENDATION
Receive and file the monthly report for the City Manager’s Department.
BACKGROUND
Information Technology
Preparation for the Server Replacement Project (including the Incode 10 upgrade and Office 365 Migration) is on-going. The City’s new servers have been received and installation will ensure the viability of the upgrade of Incode, the City’s financial management software, and allow for stability in the City’s network. This project is expected to be completed within the next 2-3 months.
As of February 11, 2019, Numa Networks has been on-site 3 days a week to provide as-needed on-site IT support.
Solid Waste Agreement with CalMet Services
The Solid Waste Subcommittee (consisting of Mayor Sanchez and Mayor Pro-Tem Gazeley) have met over the past year to finalize the draft deal points in the proposed new agreement. The City’s consultant, MSW Consultants is currently finalizing the draft agreement. Tentatively, the agreement and the action of setting a Proposition 218 rate hearing (for May/June 2019) will be scheduled for City Council consideration in April.
Human Resources/Risk Management
The City recently closed the recruitment for Deputy City Clerk/ Executive Assistant. Panel interviews and written exams were conducted with several qualified candidates.
1
Reg CC Mtg, March 19, 2019, Page # 29 Second interviews were conducted last week with the top four candidates. The City currently has one open recruitment for a Part-time Engineering Intern in the Public Works Department, which will remain open until filled.
The City Clerk, Sandra Medina, officially retired on February 28, 2019. Kathleen Hill began her new appointment as City Clerk on March 1, 2019. Kimberly Long accepted the Part-time Recreation Leader I position at the Lomita Train Museum and started work on February 7, 2019.
Human Resources staff completed training on NEOGOV and is scheduled to go live on March 15, 2019.
Workplace Harassment Training is scheduled for Thursday, April 25, 2019 for all City employees and local agency officials. Two sessions will be conducted by a JPIA certified instructor. The morning session is for general employees and the afternoon session is for managers, supervisors and local agency officials.
HR and Management staff continue to work with the City’s labor negotiations attorney, Laura Kalty, to conduct negotiations with the Lomita City Employees Association on a successor MOU.
Emergency Management
All City employees that are assigned roles in the City’s Emergency Operations Center (EOC) received four hours of training February 6, 2019. The training focused on familiarizing staff with the City’s new Emergency Operations Plan and their designated EOC roles.
Staff prepared the agenda and attended the monthly CERT Subcommittee meeting on January 11, 2019. Staff assisted in a radio communication drill and began outreach for Area Leads. Staff attended the monthly Area G Emergency Service Coordinators meeting on February 21, 2019.
Lomita Manor
HumanGood, the Lomita Manor property management company, is preparing to host a catered quarterly Lunch+Learn February 21, 2019. The theme for the Lunch+Learn will be: Preserving Memory Ongoing activities include weekly Bingo, Walking Group, Art and Exercise classes; as well as monthly birthday celebrations with cake. With the HUD REAC 2017 inspection repairs complete, maintenance staff is conducting annual building inspections and repairs.
Community Development Block Grant Programs
Residential Rehabilitation: The City expects to complete 13 projects this fiscal year. One project is complete, one in construction, and three more are in the bidding process.
2
Reg CC Mtg, March 19, 2019, Page # 30
Lifeline: The Lifeline program provides emergency response service for a total of 25 subscribers now currently enrolled. One subscriber utilized the program to request medical assistance in January and was transported for emergency medical service. The program is accepting applications from Lomita residents who are at least 55 years old or disabled.
The City is also continuing to use the appropriated CDBG funds for Economic Development efforts and will continue to search for ways to better leverage these funding sources for these purposes going forward.
City Clerk’s Office
The City Clerk staff assisted in organizing an AB1234 Ethics training for City Council Members, Planning Commissioners, and Staff. The training took place on February 13, 2019, from 5:00 p.m. until 7:00 p.m. at City Hall and was presented by our City Attorney Christi Hogin. There were a total of 13 attendees. Deputy City Clerk Hill attended sessions at the Annual Laserfiche Empowerment Conference in Long beach on February 5 & 6, 2019, EOC training at City Hall on Wednesday, February 6, 2019, and FPPC 700 Filing Officer training at the City of Hawaiian Gardens on Thursday, February 7, 2019.
Staff worked with the local elementary schools to set the date for the Annual Gang and Drug Free Walk. The date is set for May 2, 2019, from 11:00 a.m. to 1:00 p.m. at Lomita Park. Flyers were created and delivered along with poster boards to the participating schools. Staff will continue to work with our Parks and Rec Department to make preparations to make this a successful event.
Staff continues to work on digitizing and indexing documents and looking at ways to streamline processes.
City Clerk activity for the month of February:
Administrative Parking Appeals Reviewed & Processed 0 Council Meeting Meetings & Minutes Prepared 2/2 Contracts/Agreements Processed 4 Certificates Prepared 12 Dial-a-Ride New Cards Issued 12 Dial-a-Ride Payments Processed 107 Housing Authority Meeting & Minutes Prepared 1/1 Ordinances Adopted & Published 1 Parking Citations Issued & Processed 400 Parking Citations Assistance @ Counter & Phone 68 Planning Commission Meeting & Minutes 1/1 Planning Commission Resolutions Processed 1 Public Safety & Traffic Commission Agenda & Minutes 1/1
3
Reg CC Mtg, March 19, 2019, Page # 31 Public Records Requests Processed 6 Resolutions Adopted & Processed 1 Scanned & Indexed Agreements, Agenda Packet, Resolutions, 10 Ordinances, Minutes documents Water Payments over the Counter & Phone 224
OPTIONS:
None. Information only. Receive and file.
FISCAL IMPACT
None. Information only. Receive and file.
ATTACHMENTS
None.
Reviewed by: Approved by:
______Gary Y. Sugano Ryan Smoot Assistant City Manager City Manager
4
Reg CC Mtg, March 19, 2019, Page # 32 CITY OF LOMITA CITY COUNCIL REPORT
TO: City Council Item No. CC 7f
FROM: Ryan Smoot, City Manager
PREPARED BY: Alicia Velasco, Community and Economic Development Director
MEETING DATE: March 19, 2019
SUBJECT: Monthly Report for the Community and Economic Development Department
RECOMMENDATION
Receive and file the Community and Economic Development Department monthly report.
DISCUSSION
Planning The Planning Division staffed the February 11, 2019, Planning Commission meeting. At that meeting a new chair and vice chair were picked for the 2019 calendar year. Monica Dever was elected to chair and Steve Cammarata will serve as vice chair. The Commission also voted to move the meeting time to 6:00 p.m. to be consistent with the Public Safety and Traffic Commission and City Council start times.
Economic Development Vacancies within the Downtown: There are currently three vacancies within the Downtown: 24416 Narbonne Ave., 24600 Narbonne Ave., and 24612 Narbonne Ave. 24612 Narbonne Ave. has been working through the permitting process to become a coffee shop. There are some utility concerns due to the age of the building and staff is assisting with building and safety to the extent possible. Staff has been in regular contact with the property owner of 24416 Narbonne Ave. to discuss potential tenants as they come forward. Staff is working to get ahold of the owner of 24600 to assist if possible. Anthony’s Upholstery located at 24646 Narbonne has also vacated. That property has an active code enforcement violation that staff is working to remedy and then will begin the process of looking for suitable tenants.
Lighting and Landscape Improvements within the Downtown: Community and Economic Development staff has been working diligently with the Parks Department on landscape and lighting improvements throughout the Downtown. All Downtown street
1 Reg CC Mtg, March 19, 2019, Page # 33 lights have been upgraded to LED’s and have new photocells. The landscape plan for the City’s parking lot on Narbonne Ave./245th is complete and Parks staff will begin the demo of the old plants and trees which are impacting the parking area. All mature palm trees and all but one maple tree will remain as part of the plan. One maple tree must be removed as it is too close to another maple tree and there is not sufficient room for both to mature properly. Staff is also working with Public Works to have the palm trees along Narbonne Ave. trimmed.
Code Enforcement Code Enforcement Staff continues to conduct active code enforcement and respond to various code violation complaints throughout the City. Staff remains focused on overgrown vegetation, substandard buildings, inoperative and dismantled vehicles, shopping carts, illegal dumping, graffiti, unpermitted signs and improper storage of waste containers. Staff continues to enforce business license violations at various businesses throughout the City.
Due to the recent rain, there has been a substantial increase in over grown weeds through the City. Staff is working diligently to notify property owners of this violation. Further, there has been a small uptick in garage conversions throughout the City’s residential neighborhoods. Although many properties are permitted to have an accessory dwelling unit, they must still be constructed to the full building code to ensure proper resident safety.
Massage inspections were conducted at both Lorus Spa (1945 Lomita Blvd.) and Golden Spa (1739 Pacific Coast Highway). Lorus Spa was discovered operating under new ownership and was ordered to cease operations until the business transfer process was complete. The business license was approved and they will reopen shortly. Golden Spa was fined a total of $1,500 for various violations discovered during the inspection.
On March 4, 2019, an unlawful detainer trial was held between the property owner at 25332 Narbonne Ave and Emerald Church of Open Faith (a cannabis dispensary). Code Enforcement staff attended the eviction hearing and testified to witnessing several violations occurring at the dispensary. The unlawful detainer action was awarded to the landlord, requiring the dispensary to vacate the property within 30 days.
2 Reg CC Mtg, March 19, 2019, Page # 34 OPTIONS
None. Information only. Receive and file.
FISCAL IMPACT
None. Information only. Receive and file.
Reviewed by: Approved by:
______Gary Y. Sugano Ryan Smoot Assistant City Manager City Manager
Prepared by:
______Alicia Velasco Community and Economic Development Director
3 Reg CC Mtg, March 19, 2019, Page # 35 This Page Intentionally Left Blank
Reg CC Mtg, March 19, 2019, Page # 36 CITY OF LOMITA CITY COUNCIL REPORT
Item No. CC 7g TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Michael M. Sansbury, Interim Director of Parks & Recreation
MEETING DATE: March 19, 2019
SUBJECT: Monthly Report for the Parks and Recreation Department
RECOMMENDATION
Receive and file the monthly report for the Parks and Recreation Department.
SPECIAL EVENTS
The spring newsletter is online and in the process of being mailed to residents Registration has started for spring classes and programs Some winter classes are coming to an end at the end of March; with some new Spring classes having begun Prepping our Easter event taking place on April 20th. Working alongside Alicia to get local businesses involved. South Bay Credit Union has donated to the event. Planning the Summer Camp Expo held on Easter weekend In the early stages of planning for Founder’s day Planning the Lomita Teen Program Working with the Lomita Library to get more programs advertised Railroad Museum is working on new promotional materials Railroad Museum is working with the Railroad Foundation to assist in their High Tea event, April 28th
RECREATION SERVICES
Youth Sports o Youth Basketball program has 34 teams and 292 participants for ages 6- 14 o Youth Soccer begins in April
1 Reg CC Mtg, March 19, 2019, Page # 37 Adult Sports o Men’s Basketball is on Wednesday and Thursday nights . 12 total teams o Men’s Softball is on Tuesday and Thursday nights . 8 total teams
Program Registrations o Working on flyers for the next youth sport (soccer) that starts in April Registrations begin on March 1st/15th o Sending out emails and notifications on our APP to notify people as well as on Facebook & Instagram
Projects o Spring program scheduling, planning, purchasing and advertising o Getting the soccer field ready for the spring and summer
PARKS MAINTENANCE AND FACILITIES
Picked up banner and flag IDs for city hall flags Knocked down weeds, removed tree and cleaned up Park & Ride lot Installed new pitcher’s mound on softball field Clean-up downtown sidewalk landscaping along Narbonne Ave. Plant palm tree on Narbonne Ave. in front of Retro Reload Painted over graffiti at Lomita and Hathaway Park o Ex: block wall, buildings and picnic tables, etc Repaired broken exit sign in gym Installed grip tape on caboose steps at Railroad Museum Repaired broken hangers to hold display at Railroad Museum Disassembled and removed old heater in Stephenson Building Applied herbicide to weeds at Lomita Park Applied weed preventer to Narbonne Ave landscaping Removed fallen tree branches from the bike path on PV Drive No. Evaluated and diagnosed broken motor in clock in front of City Hall Four park employees attended pesticide application training Applied weed preventer and fertilizer to the Belba Field (soccer field) at Lomita Park Lomita Park/ Stephenson Center Men’s Restrooms: o Removed wall hung toilets; installed new all thread & installed new nuts, washers and seals o Reset toilet and reconnected water line with Sloan valve Railroad Museum/Restrooms: o Converted restrooms from Men & Women’s to an All and Family restrooms The following upgrades took place: o Removed two doors o Installed two doors with locks o Installed baby changing table in the Family Restroom
2 Reg CC Mtg, March 19, 2019, Page # 38 o New signage The renovation of the medians on Lomita Blvd have begun. We have initiated the removing of all landscaping and upgrading all irrigation on the medians During the heavy rains, a couple weeks ago, we lost (5) Silver Sheen (large evergreen shrub) along the east side of the gymnasium. We have removed and replaced the Silver Sheens
MANAGEMENT ANALYST PROJECTS
Projects Completed:
Drafted and distributed informational letter and instructions to all contract instructors regarding the new contract class price setting procedure
Completed the Los Angeles County Regional Park and Open Space District’s Measure A Park Inventory Data update/verification process
Completed grant application concept proposal in conjunction with California Consulting for Irene Lewis Park improvements. Site plan, narrative and photos were submitted to the State of California Natural Resources Agency for consideration of grant funding from the Cultural, Community and Natural Resources (CCNR) Grant Program
Attended California Department of Parks and Recreation’s Statewide Park Development and Community Development Program Workshop on February 28th
Projects in Progress:
Researching the proper uses and procedures for obtaining and utilizing Maintenance and Servicing funds from Proposition A Grant projects
Continued work on a Solicitation for Bids for Box Car Refurbishment at Railroad Museum
DOGS IN PARKS UPDATE
The new ordinance allowing dogs in parks has been in place for just over six months Staff continues to report dog droppings at all parks, with Hathaway Park being the most problematic Signage has been posted at all parks encouraging dog owners to pick up after their pets
3 Reg CC Mtg, March 19, 2019, Page # 39 OPTIONS:
None. Information only. Receive and file.
FISCAL IMPACT
None. Information only. Receive and file.
Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot Assistant City Manager City Manager
Prepared by:
Michael M. Sansbury Interim Director of Parks & Recreation
4 Reg CC Mtg, March 19, 2019, Page # 40 CITY OF LOMITA CITY COUNCIL REPORT
TO: City Council Item No. CC 7h
FROM: Ryan Smoot, City Manager
PREPARED BY: Carla Dillon, P.E., Director of Public Works
MEETING DATE: March 19, 2019
SUBJECT: Monthly Report for the Public Works Department
RECOMMENDATION:
Receive and file the monthly report for the Public Works Department.
BACKGROUND:
Cypress Water Production Facility (CWPF) and Distribution System Update For the month of February 2019, 28.03 acre feet of water was produced from Well No. 5 and 55.85 acre feet of water was imported from West Basin MWD for CWPF operations; and 40.25 acre feet of water was imported from West Basin MWD for the rest of the City. The TDS level of the effluent blended water for the month was approximately 665 mg/L, and the hardness as total CaCO3 was approximately 350 mg/L. Monthly reports can be found at www.lomitawater.com/oversight/water-quality-reports/.
250th Street Water Main Replacement and Street Improvement Included in this project are the replacement of the water main along 250th St., between Pennsylvania Ave. and Eshelman Ave., pavement rehabilitation on 250th St. and water main replacement on Doria Ave. The project was awarded on July 17, 2018, to Stephen Doreck Equipment Rentals, Inc., and construction started on August 6, 2018. The project has encountered delays because of the recent rain, but is anticipated to be complete by end of March 2019.
253rd Street Area Water Improvements Included in this project are upgrades to the water mains on 253rd St., 253rd Pl., and 254th St. near Western Avenue. Design of the water line was completed and traffic control plans prepared. Encroachment permits were obtained from Caltrans and the City of Los Angeles since the project crosses into the City of LA as well as Western Ave., which is a Caltrans facility. The project was put out to bid in August 2018, and the contract was awarded at the September 18, 2018, City Council meeting to GJ Gentry General Engineering, Inc., which was the lowest bidder. Construction started on December 3, 2018. The project encountered delays due to unforeseen conditions in the
1 Reg CC Mtg, March 19, 2019, Page # 41 field as well as the recent rain. Construction is anticipated to be completed by Late March.
Walnut Street Water Main Replacement and Street Improvement The project consists of replacing the existing water main and all necessary appurtenances. The project will also include rehabilitating the pavement by grinding the existing asphalt and overlaying with new asphalt concrete and asphalt rubber hot mix. The work will necessitate upgrading all curb ramps to be ADA compliant, minor sidewalk and driveway repairs. A new striping layout will include bicycle lanes which will be funded with a grant from AQMD. On March 6, 2018, a professional services agreement was awarded to Civil Source, Inc. to perform design services on the project which will be completed in March 2019.
Encroachment Permit Review/Approval For the month of February 2019, staff reviewed and approved 18 encroachment permit applications for various utility companies and contractors. In addition, staff completed inspection of 4 encroachment permits.
February 2019 Performance Report:
Water Division:
Main Breaks / Leak Repairs 4 Water Service Requests 58 USA Dig-Alert Tickets 45 Completed Service Requests 63 Dead-end Fire Hydrant Flushing 25 Meter Maintenance 18 Inspection of Water Facilities Daily
Streets and Trees Division:
Trees Trimmed (PW Crew) 8 Trees/Stumps Removed 7 Trees Planted 3 Graffiti Locations Cleaned 13 Sidewalk/Curb/Gutter Maintenance 8 City Drains Cleaned 0 Street Signs Replaced or Repaired 48 Potholes Filled / Patches 300
2 Reg CC Mtg, March 19, 2019, Page # 42 Reviewed by: Approved by:
______Gary Y. Sugano Ryan Smoot Assistant City Manager City Manager
Prepared by:
______Carla Dillon, P.E. Director of Public Works
3 Reg CC Mtg, March 19, 2019, Page # 43 This Page Intentionally Left Blank
Reg CC Mtg, March 19, 2019, Page # 44 CITY OF LOMITA CITY COUNCIL REPORT
TO: City Council Item No. CC 7i
FROM: Ryan Smoot, City Manager
PREPARED BY: Susan Kamada, Administrative Services Director
MEETING DATE: March 19, 2019
SUBJECT: January 2019 Treasury and Investment Report
RECOMMENDATION
Receive and file the Treasury and Investment Report.
BACKGROUND
Pursuant to Section 41004 of the Government Code of the State of California, the City Treasurer is required to submit a monthly report of all receipts, disbursements and fund balances. The first page of the report provides a summary of the beginning balance, total receipts, total disbursements, ending balance for all funds, and a listing, by fund, of all month end fund balances. The second page of the report summarizes the investment activity for the month and distribution by type of investment, held by the City. The third page lists all investments with original maturities exceeding one year as of the month ended January 31, 2019.
In summary, all investments of the City of Lomita are in compliance with both the Government Code and our Investment Policy. In addition, the City has sufficient liquidity to meet its expenditure requirements for the ensuing six months.
22.54% of the City’s funds are with the State of California Local Agency Investment Fund (LAIF). The remaining funds of the City of Lomita are in active checking accounts, money market funds, Federal Agency Securities, Corporate Bonds, and FDIC-insured Negotiable Certificates of Deposit that are in compliance with the California Government Code and the City’s Investment Policy. The current value of each account is obtained from actual monthly statements for the period ending January 31, 2019.
OPTIONS:
None, information only.
1 Reg CC Mtg, March 19, 2019, Page # 45 FISCAL IMPACT
None.
ATTACHMENT
Treasury and Investment Report for January 2019
Reviewed by: Approved by:
______Gary Y. Sugano Ryan Smoot Assistant City Manager City Manager
Prepared by:
______Susan Kamada Administrative Services Director
2 Reg CC Mtg, March 19, 2019, Page # 46 City of Lomita Investment Portfolio Report January 31, 2019
Gain (Loss) on Summary of Investments Book Value Market Value Interest Earned Investment Local Agency Investment Fund (LAIF) 3,054,292.51 3,054,292.51 0.00 0.00 Certificate of Deposit - Negotiable 3,445,000.00 3,384,738.93 9,631.78 0.00 Federal Agency Securities 1,250,000.00 1,232,520.00 10,750.00 0.00 Corporate Bonds 250,000.00 246,187.50 0.00 0.00 Total Pooled Investments 7,999,292.51 7,917,738.94 20,381.78 0.00 Lomita Railroad Museum Foundation Fund 134,494.49 134,494.49 0.00 0.00 Total Investments 134,494.49 134,494.49 0.00 0.00
Lomita Railroad Museum Foundation DDA 11,209.08 11,209.08 0.00 0.00 Tom Rico Memorial DDA 7,383.66 7,383.66 0.00 0.00 City of Lomita General Account DDA 5,398,185.49 5,398,185.49 0.00 0.00 Total Cash & Investments 13,550,565.23 13,469,011.66 20,381.78 0.00
City of Lomita Month to Date & Fiscal Year to Date Distribution of Pooled Investment Interest Earned/ Gain (Loss) on Total Investments Book Value % Split MTD YTD Local Agency Investment Fund (LAIF) 3,054,292.51 22.54% Jul-18 20,224.11 20,224.11 Certificate of Deposit - Negotiable 3,445,000.00 25.42% Aug-18 11,414.79 31,638.90 Federal Agency Securities 1,250,000.00 9.22% Sep-18 18,880.74 50,519.64 Corporate Bonds 250,000.00 1.84% Oct-18 5,690.85 56,210.49 Total Pooled Investments 7,999,292.51 Nov-18 14,784.81 70,995.30 Dec-18 21,364.02 92,359.32 Corporate Local Agency Jan-19 20,381.78 112,741.10 Federal Agency Bonds Investment Feb-19 - 112,741.10 Securities Fund (LAIF) Mar-19 - 112,741.10 Apr-19 - 112,741.10 May-19 - 112,741.10 Jun-19 - 112,741.10 112,741.10 112,741.10
Certificate of Deposit - Negotiable Reg CC Mtg, March 19, 2019, Page # 47 City of Lomita Investment Portfolio Report January 31, 2019
Interest Realized Gain Account #/ Settlement Maturity Yield to Beginning Face Beginning Buy Change in Ending Market Ending Face Account/ Investment Title & Description Sell Principal Earned / /(Loss) On CUSIP Date Date Maturity Amount/Shares Market Value Principal Market Value Value Amount/Shares (Accrued) Investment Local Agency Investment Fund (LAIF) City of Lomita XX-XX-469 N/A 2.355% 3,035,946.90 3 ,035,946.90 18,345.61 - - 3 ,054,292.51 3 ,054,292.51 - Railroad Museum Foundation XX-XX-015 N/A 2.355% 133,686.65 1 33,686.65 8 07.84 - - 1 34,494.49 1 34,494.49 - Sub Total / Average 2.355% 3,169,633.55 3,169,633.55 19,153.45 - - 3 ,188,787.00 3 ,188,787.00 - -
Certificate of Deposit - Negotiable Wells Fargo Bank 94986TTT4 04/30/15 04/30/20 1.25% 245,000.00 244,534.50 - - 247.45 244,781.95 245,000.00 1,235.07 - Comenity Capital Bank 20033AKP0 05/26/15 05/26/20 1.90% 89,000.00 87,884.83 - - 343.54 88,228.37 89,000.00 145.27 - Synchrony BK Retail CTF 87164WMF2 05/13/16 05/13/21 1.60% 248,000.00 239,481.20 - - 1,919.52 241,400.72 248,000.00 - HSBC BK USA N A MC Lean 40434AW70 06/10/16 06/10/21 1.70% 210,000.00 202,519.80 - - 1,648.50 204,168.30 210,000.00 - Medallion BK Salt Lake City 58403B4S2 07/25/16 07/26/21 1.40% 248,000.00 237,680.72 - - 2,026.16 239,706.88 248,000.00 1,750.27 - Everbank Jacsonville FLA 29976DQ86 08/12/16 08/12/21 1.50% 120,000.00 115,051.20 - - 990.00 116,041.20 120,000.00 - JPMorgan Chase BK 48126XNN1 11/30/16 11/30/21 1.50% 249,000.00 241,420.44 - - 2,074.17 243,494.61 249,000.00 - State BK India New York NY 8562845Z3 01/26/17 01/26/22 2.35% 247,000.00 240,708.91 - - 2,099.50 242,808.41 247,000.00 2,926.11 - BMW BK N Amer Salt Lake, Utha 05580AGK4 02/24/17 02/24/22 2.20% 248,000.00 240,279.76 - - 2,222.08 242,501.84 248,000.00 - Privatebank & Tr Chicago ILL 74267GVT1 03/30/17 03/30/22 2.20% 247,000.00 238,913.22 - - 2,324.27 241,237.49 247,000.00 - American Express Fed Savings Bank 02587CEZ9 05/17/17 05/17/22 2.40% 247,000.00 238,498.26 - - 2,526.81 241,025.07 247,000.00 - Capital One Bk USA 1404205V8 10/25/17 10/25/22 2.35% 110,000.00 105,870.60 - - 1,336.50 107,207.10 110,000.00 - Morgan Stanley Bank 61747MF63 01/11/18 01/11/23 2.65% 246,000.00 238,615.08 - - 3,202.92 241,818.00 246,000.00 3,286.29 - Sallie Mae Bank 795450Q99 05/30/18 05/30/23 3.25% 246,000.00 243,448.98 - - 3,507.96 246,956.94 246,000.00 - Venture BK Bloomington Minn 92326XDM0 03/21/17 11/21/19 1.50% 100,000.00 98,963.00 - - 242.00 99,205.00 100,000.00 127.40 - Cornerstone BK Enderlin 219232CM5 03/10/17 03/10/21 1.90% 100,000.00 97,482.00 - - 722.00 98,204.00 100,000.00 161.37 - Goldman Sachs Bank USA 38148PN52 05/30/18 05/30/23 3.25% 245,000.00 242,459.35 - - 3,493.70 245,953.05 245,000.00 Sub Total / Average 2.05% 3,445,000.00 3,353,811.85 - - 3 0,927.08 3 ,384,738.93 3 ,445,000.00 9 ,631.78 -
Federal Agency Securities Federal Home Ln Mtg Corp 3134GBWG3 07/27/17 07/27/22 2.150% 1,000,000.00 9 81,730.00 - - 2 ,140.00 9 83,870.00 1 ,000,000.00 1 0,750.00 - Federal Home Ln Mtg Corp 3134GSCM5 02/28/18 02/28/23 2.700% 250,000.00 2 49,237.50 - - ( 587.50) 2 48,650.00 2 50,000.00 - - Sub Total / Average 2.425% 1,250,000.00 1,230,967.50 - - 1 ,552.50 1 ,232,520.00 1 ,250,000.00 1 0,750.00 -
Corporate Bond AAPL Apple Inc 037833AY6 10/30/17 02/09/22 2.150% 250,000.00 2 43,750.00 - - 2 ,437.50 2 46,187.50 2 50,000.00 - - Sub Total / Average 2.150% 250,000.00 243,750.00 - - 2 ,437.50 2 46,187.50 2 50,000.00 - - Total / Average - Investments 2.25% 8,114,633.55 7,998,162.90 19,153.45 - 34,917.08 8,052,233.43 8,133,787.00 20,381.78 - Demand Deposit Account (DDA) Pacific Western - General Account XXXX259 N/A N/A 0.000% 5,457,206.03 N/A N/A N/A N/A 5,457,206.03 N/A N/A N/A (Outstanding Checks) N/A N/A (59,020.54) N/A N/A N/A N/A (59,020.54) N/A N/A N/A Pacific Western - Tom Rico Memorial XXXX275 N/A N/A 7,383.66 N/A N/A N/A N/A 7,383.66 N/A N/A N/A One West Bank - Lomita Railroad Museum Foundation XXXX8080 N/A N/A 11,209.08 N/A N/A N/A N/A 11,209.08 N/A N/A N/A Sub Total / Average 0.000% 5,416,778.23 5 ,416,778.23 - - Total /Cash & Investments 13,531,411.78 7,998,162.90 19,153.45 - 34,917.08 13,469,011.66 8,133,787.00 20,381.78 -
Reg CC Mtg, March 19, 2019, Page # 48 City of Lomita Investment Portfolio Report January 31, 2019
Previous Balance $ 4,296,698.46 Deposits 2,436,779.23 Disbursements (1,114,678.09) Adjustments (143,000.83) Current Balance 5,475,798.77
GENERAL LEDGER CASH BALANCES General Fund - City Operations General Fund - City Operations 100 (2,707,286.34) General Fund - LAIF 100 3,054,292.51 General Fund - Investments 100 4,945,000.00 Sub Total - General Fund - City Operations 5,292,006.17
Special Revenue Funds OPEB Trust Fund - Retiree Health Care 201 142,279.97 Pension Stabilization Fund 202 829,845.00 Economic Development 203 157,615.68 Gas Tax Fund - Street Maintenance 205 193,592.66 Proposition 1B Fund - Street Projects 206 - Measure R Local Fund - Street Projects 207 641,148.04 Measure R Highway Fund - Street Projects 208 (78,907.95) Measure M Fund - Street Projects 209 314,853.15 Bike Patrol Fund - L.A. County Sheriff's Bicycle Patrol 210 - CDBG Fund - Housing Programs 215 (59,321.96) Lomita Housing Authority - Housing Programs 217 (13,292.71) Proposition A Fund - Transportation Projects 220 382,356.81 Proposition C Fund - Transportation Projects 225 710,454.99 Air Quality Fund - Air Quality Projects 235 51,399.62 Landscape Maintenance Fund - Landscape Maintenance District 245 5,886.64 Park Facilities Fee Fund - Quimby Funds 250 130,806.76 Park Athletic Fund - Park Athlete Programs 255 36,013.81 Park Grant Fund - Park Improvement Programs 257 81,721.55 Lomita Manor Fund - Federal Housing Program 260 197,505.04 CA Law Enf. Equip. Program (CLEEP) Fund - Public Safety Equip. 276 5,859.54 Museum Expansion Fund - RR Museum Grant 285 - Mayor's Golf Classic Fund - Recreation Programs 295 13,320.53 Founder's Day Fund - Recreation Programs 296 (3,242.17) Sub Total - Special Revenue Funds 3,739,895.00
Capital Improvement Funds Capital Improvement Fund - Capital Improvement Projects 310 69,505.47 Street Improvement Fund - Street Improvement Projects 311 660,518.52 Facilities Improvement Fund - Facilities Improvement Projects 312 145,094.23 Stephenson Center Fund - Facilities Improvement Projects 313 89,343.54 Sub Total - Capital Improvement Funds 964,461.76
Reg CC Mtg, March 19, 2019, Page # 49 City of Lomita Investment Portfolio Report January 31, 2019
Previous Balance $ 4,296,698.46 Deposits 2,436,779.23 Disbursements (1,114,678.09) Adjustments (143,000.83) Current Balance 5,475,798.77
Proprietary Funds Water Operations Fund - Water Operations 510 1,829,781.61 Water Capital Fund - Water Capital Projects 520 1,161,628.98 Rate Stabilization - Cypress Reservoir Bond 530 125,000.00 Internal Service Fund - Equipment Replacement 610 165,676.10 PK Equipment Replacement Fund 611 96,255.90 Sub Total - Proprietary Funds 3,378,342.59
Trust and Agency Funds Museum Foundation Fund - Railroad Museum Programs 720 34,779.97 Museum Foundation Fund - LAIF 720 134,494.49 Tom Rico Memorial Fund - Park Program Scholarships 730 6,585.25 Sub Total - Trust & Agency Funds 175,859.71 Total 13,550,565.23 Pooled Cash 999 (8,074,766.46) Grand Total 5,475,798.77
Reg CC Mtg, March 19, 2019, Page # 50 CITY OF LOMITA CITY COUNCIL REPORT
TO: City Council Item No. CC 7j
FROM: Ryan Smoot, City Manager
PREPARED BY: Donte Green, Neighborhood Preservation Officer
REVIEWED BY: Alicia Velasco, Community & Economic Development Director
MEETING DATE: March 19, 2019
SUBJECT: Consideration and Possible Authorization to Enter into a Settlement and Release Agreement with Urban Street Ventures, Inc. to cure $39,000 in unpaid administrative citations
RECOMMENDATION Authorize the City Manager to sign the Settlement and Release Agreement between the City of Lomita and Urban Street Ventures, Inc., mandating the company to pay $32,500 in order to resolve unpaid administrative citations.
BACKGROUND On November 20, 2018, the City Council gave approval for the City to enter into an agreement with The Kaplan Group to provide collection services to cure $39,000 in unpaid administrative citations issue to Urban Street Ventures, Inc. The $39,000 in citations were issued to Urban Street Ventures due to the company permitting an illegal cannabis dispensary to operate out of, and make unpermitted building improvements to, a commercial property owned by Urban Street Ventures located at 1805 ½ Lomita Blvd.
On March 8, 2019, The Kaplan Group informed the City that Urban Street Ventures signed a Settlement and Release Agreement to settle the debt in the sum of $32,500 (80% of the fines due). If the agreement is approved by the City, payments will be made in 13 installments of $2,500 per month beginning in March 2019 and ending in March 2020. Per the agreement, if Urban Street Ventures should (1) fail to make a payment, or (2) permit further commercial cannabis activity on the property, then the full balance of the unpaid citations will be owed, less any payments made, plus accrued and unpaid interest at an annual rate of 10% calculated from the date the obligations were initially due.
1
Reg CC Mtg, March 19, 2019, Page # 51 It is recommended that the City Council authorize the City Manager to enter into the agreement.
OPTIONS
1. Approve recommendation. 2. Do not approve staff’s recommendation. 3. Provide alternative direction.
ATTACHMENT Settlement and Release Agreement
Reviewed by: Approved by:
______Alicia Velasco Ryan Smoot Community and Economic City Manager Development Director
Prepared by: Reviewed by:
______Donte Green Gary Sugano Neighborhood Preservation Officer Assistant City Manager
2
Reg CC Mtg, March 19, 2019, Page # 52 Reg CC Mtg, March 19, 2019, Page # 53 Reg CC Mtg, March 19, 2019, Page # 54 Reg CC Mtg, March 19, 2019, Page # 55 Reg CC Mtg, March 19, 2019, Page # 56 CITY OF LOMITA CITY COUNCIL REPORT
Item No. SCH 8 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Alicia Velasco, Community and Economic Development Director
MEETING DATE: March 19, 2019
SUBJECT: Authorization to Execute an Agreement for Design and Engineering Plans for 24329 Narbonne Ave., and to Accept a Grant from the Kenneth Picerne Foundation Towards the project
RECOMMENDATION
It is recommended that the City Council:
1) Enter into a professional services agreement with Studio One-Eleven for $29,780, and to permit City Manager authorization of a 15% contingency, for the preparation of design and engineering plans for the vacant City-owned lot at 24329 Narbonne Ave.; and
2) Authorize the City Manager to execute the agreement with the Kenneth Picerne Foundation accepting the $50,000 grant from the Foundation towards the construction of the project.
BACKGROUND
24329 Narbonne Ave. Vacant Lot Proposal On June 6, 2017, the City Council authorized the City Manager to execute the purchase of the tax-defaulted property located at 24329 Narbonne Ave., formerly known as the Lomita Motel site. The City was able to acquire the property with the caveat that the site must be used for a future public use - specifically parking and/or open space.
Separately, as part of the Downtown visioning processes, many of our business and property owners expressed the desire to see the lot developed into parking with some type of active pedestrian use. After reviewing these recommendations with the Economic Development Sub Committee, staff approached three engineering firms for proposals for the design and necessary engineering for a public plaza with parking in the rear.
1 Reg CC Mtg, March 19, 2019, Page # 57
The proposed consultant and cost are as follows:
Consultant Cost
Studio One Eleven $29,780
Cetech Engineering $35,200
Bolton Engineers $42,000
As shown above, Studio One Eleven is the lowest proposer and their proposal is attached to the agreement which includes a background of the firm, references, timeframe, and cost (Attachment 1).
Studio One Eleven has provided a conceptual plan as a framework for the design of the public plaza/parking lot. In discussions with the City, the conceptual plan includes an area within the plaza that can be utilized to host pop-up shops, food vendors, and/or small business kiosks. These pop-up shops and small business kiosks act as stepping stones for small businesses to “test the waters” of a retail location. They will also help to diversify the mix of uses within the Downtown and enhance the pedestrian atmosphere. Behind the public plaza, it is anticipated the remainder of the lot can accommodate around ten parking spaces. The conceptual plan, including information on the different types of small business opportunities, is attached to this report as Attachment 2.
Should the Council approve the professional services agreement a draft site plan will be presented to the Council for approval prior to the commencement of final design and engineering plans.
Kenneth Picerne Foundation Grant The Kenneth Picerne Foundation approached the City indicating that they would like to offer a grant to the City in the amount of $25,000 as part of their “Giving Back Program”. They requested that the City provide the Foundation with details on two projects that could be implemented in the near future, and that would benefit the largest amount of people. Two project concepts were provided to the Foundation, and based on their review; the Board of Directors of the Foundation expressed their desire to assist the City with the construction of the public plaza with parking on the 24329 Narbonne Ave. vacant lot and to increase the award amount to $50,000 rather than $25,000.
The attached agreement will authorize the acceptance of the funds to be used for this project. The agreement, attached hereto as Attachment 3, has been reviewed by the City Attorney’s office.
2 Reg CC Mtg, March 19, 2019, Page # 58 OPTIONS:
1. Approve staff’s recommendation.
2. Do not approve staff’s recommendation.
3. Give staff alternative direction.
FISCAL IMPACT
The design and engineering plans will be funded from the Economic Development Fund for a not-to-exceed total of $34,247 (includes a 15% contingency). The Kenneth Picerne Foundation Grant will be dedicated to the construction of the project once approved by Council.
ATTACHMENTS
1) Professional Service Agreement with Studio One Eleven 2) Lomita Parking Lot Programming Prepared by Studio One Eleven 3) The Kenneth Picerne Foundation Contract
Reviewed by: Approved by:
______Gary Y. Sugano Ryan Smoot Assistant City Manager City Manager
Prepared by:
______Alicia Velasco Community and Economic Development Director
3 Reg CC Mtg, March 19, 2019, Page # 59
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LOMITA AND STUDIO ONE ELEVEN
This AGREEMENT is entered into this 20th day of March, 2019, by and between the CITY OF LOMITA, a general law city a municipal corporation (“CITY”) and Studio One Eleven, a California Corporation (“CONSULTANT”).
R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this agreement.
B. Therefore, the City desires to contract out for consulting services for certain projects relating to preparation of documents in connection with a design project.
C. The Consultant represents to the City that it has the qualifications, experience and facilities to perform the services under this Agreement in a manner consistent with and limited to that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.
D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:
1. CONSIDERATION AND COMPENSATION
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT an amount not to exceed $29, 780, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
Page 1 of 11 Reg CC Mtg, March 19, 2019, Page # 60
E. CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
B. Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period.
4. TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.
5. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Kirk Keller. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.
7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on March 20, 2020, unless earlier termination occurs under Section 11 of this Agreement, or extended in writing in advance by both parties.
Page 2 of 11 Reg CC Mtg, March 19, 2019, Page # 61 8. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
10. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
11. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
B. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
C. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
12. INDEMNIFICATION.
A. CONSULTANT shall indemnify and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT to the degree determined by agreement of the parties or in a final and non-appealable judgment to be proportionate to its liability. CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been CONSULTANT’s allocated share of liability. It is expressly understood and
Page 3 of 11 Reg CC Mtg, March 19, 2019, Page # 62 agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
B. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
13. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
14. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
15. AUDIT OF RECORDS.
A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees (for a reasonable amount of time so as not to obstruct typical business proceedings) and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
B. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
16. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.
Page 4 of 11 Reg CC Mtg, March 19, 2019, Page # 63
17. INSURANCE REQUIREMENTS.
A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. Should Consultant demonstrate to the City Manager’s determination that such coverage is not commercially available, the City Manager may waive this requirement in writing.
Page 5 of 11 Reg CC Mtg, March 19, 2019, Page # 64 B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations, under general liability and automobile liability policies.”
2. General liability and automobile liability policies shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self- insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. General liability and automobile liability policies shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, or canceled except after thirty (30) days’ written notice has been received by the CITY.
C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
Page 6 of 11 Reg CC Mtg, March 19, 2019, Page # 65
F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above, including failure to provide notice that insurance has been reduced in coverage.
G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.
18. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.
19. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.
20. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment
Page 7 of 11 Reg CC Mtg, March 19, 2019, Page # 66 otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
21. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
22. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT City of Lomita Studio One Eleven 24300 Narbonne Avenue 245 East Third St. Lomita, CA 90717 Long Beach, CA 90802
ATTN: City Manager ATTN: Kirk Keller
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
23. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
24. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
Page 8 of 11 Reg CC Mtg, March 19, 2019, Page # 67 25. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
26. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
27. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
28. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city administrator, or designee, may execute any such amendment on behalf of CITY.
29. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
30. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
31. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
32. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
33. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner consistent with members of the same profession currently practicing under similar circumstances. CONSULTANT represents
Page 9 of 11 Reg CC Mtg, March 19, 2019, Page # 68 that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
34. DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______Consultant Initials ______OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______Consultant Initials ______
Page 10 of 11 Reg CC Mtg, March 19, 2019, Page # 69 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF LOMITA CONSULTANT
HENRY SANCHEZ, Mayor TITLE
ATTEST:
KATHLEEN HILL, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
CHRISTI HOGIN, City Attorney
Page 11 of 11 Reg CC Mtg, March 19, 2019, Page # 70 February 20, 2019
Alicia Velasco, Community and Economic Development Director City of Lomita 24300 Narbonne Avenue Lomita, CA 90717
RE: Narbonne Avenue Vacant Lot Design and Engineering Services
Dear Director Velasco,
Thank you for the opportunity to submit a proposal for design and engineering services for the vacant lot on Narbonne Avenue. We believe that Studio One Eleven is uniquely positioned to provide design and engineering services in keeping with the City’s vision for a vibrant, walkable downtown center, and can deliver a site design package ready for bid consistent with the recommendations articulated in the Lomita Downtown Vision prepared by our firm in 2018.
The resulting improvements would extend the streetwall, contributing to a pedestrian-oriented downtown, and provide a small plaza, pop-up retail facilities, and publically accessible parking. Among other benefits, such improvements would help reduce retail leakage and increase the diversity of uses in downtown Lomita, provide a stepping stone for a small business, and create marketing opportunities for the City by generating buzz around a formerly underutilized space.
We look forward to discussing our proposal with you, and the opportunity to partner with the City of Lomita on this project. Should you have any questions, or need additional information, please do not hesitate to contact me at [email protected], or (562) 901-1500
Kirk Keller, PLA, ASLA, LEED AP Landscape Studio Director
Reg CC Mtg, March 19, 2019, Page # 71 Exhibit A PROJECT UNDERSTANDING
The City of Lomita seeks site design and engineering services for a currently vacant lot located at 24319 Narbonne Avenue. The resulting design and engineering products will then be put out to bid by the City of Lomita for construction services.
The lot is approximately 7,000 square feet, and the City envisions a public parking lot, landscaped plaza, a future kiosk and/or temporary plaza supporting pop-up retail and site activation events. Conceptual design explorations conducted by Studio One Eleven depict a small kiosk or shipping container and plaza at Narbonne Avenue, with parking located behind this temporary structure. Vehicular access to the parking lot will be facilitated by preserving a segment of the site facing Narbonne enabling in/out access. This design effort will also consider the existing parking spaces and landscaped parking island immediately fronting the vacant lot. The City is interested in exploring the potential for a shared access driveway with the residential apartment building located immediately north of the vacant lot. The size of the landscaped plaza and retail facility, number of parking spaces, and associated components is contingent upon site surveying, geotechnical findings and design requirements.
Studio One Eleven will lead this exercise, enlisting the services of a Civil Engineering Consultant (John Labib & Associates), a Cost Estimating Consultant, (RLB), Electrical Engineering Consultant (RTM Engineering), a Geotechnical Engineering Consultant (GeoTechnologies), and a Surveying Consultant (J L Blakkolb & Associates). Studio One Eleven will develop two preliminary design schemes, one exclusively utilizing the City-owned lot, and another incorporating a shared driveway with the property to the north. Site design will incorporate landscape design, parking, lighting layout, fixed and movable seating areas, irrigation plans, and identification of associated relocation of electrical and irrigation controllers. Upon selection of a preferred scheme by the City, rough order of magnitude cost estimates will be developed. Studio One Eleven will identify locations and proposed fixtures for overhead and accent lighting. Electrical engineering and Title 24 calculations will be provided by sub-consultant. Studio One Eleven will also coordinate the services of the sub-consultants, incorporating this work into the final site plan and communicating this information in a cohesive package to the City for plan check/permit submittal.
John Labib & Associates will produce low impact development stormwater plan, grading and drainage plan, erosion control plan for the preferred design scheme selected by the City. Rider Levett Bucknall will develop one (1) rough order of magnitude project cost estimates for the preferred design scheme selected by the City. GeoTechnologies, Inc. will produce one (1) geotechnical report evaluating sub-surface soil conditions, infiltration rate and providing associated design and materials recommendations.
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Reg CC Mtg, March 19, 2019, Page # 72 J L Blakkolb & Associates will produce a boundary and topographic survey (1 ft contour intervals) of the lot. RTM Engineering Consultants will prepare electrical drawings and Title 24 compliance calculations for the preferred design scheme selected by the City
The resulting design and engineering package will be poised for plan check review and contractor bidding.
ASSUMPTIONS AND EXPECTATIONS AT PROJECT INCEPTION 1. City of Lomita will provide Studio One Eleven with a project budget or estimated allowance. 2. City of Lomita will provide Studio One Eleven with written approval of selected preliminary design scheme prior to Studio One Eleven advancing to next stage of design documentation. 3. City of Lomita will conduct outreach and coordination with adjacent property owners. 4. City of Lomita will provide coordination of contractor bidding. 5. Studio One Eleven will identify relocation areas for water and power utility fixtures, City of Lomita will City will coordinate with Southern California Edison and City of Lomita Water Department. 6. Parking lot lighting fixtures must be free standing and cannot attach to an adjacent building wall. 7. Construction Administration and Observation will be provided under separate contract.
EXCLUSIONS AND ADDITIONAL SERVICES Exclusions and additional services include but are not limited to the items listed below. Refer to scope for included services.
1. Design and/or programming of the pop-up retail kiosk or activations of the plaza 2. Zoning or Planning entitlement submittal packages, processing or approvals. 3. City / Agency submittals and approvals. 4. Design or Documentation of work beyond the vacant lot located at 24319 Narbonne Avenue, and immediately adjacent surroundings. 5. Water feature design and engineering. 6. Selection, location, or design of way-finding signage and environmental graphics. 7. Attendance at design review board, City planning commission, City Council meetings/presentations or community meetings. 8. Outdoor furniture procurement. 9. Detailing or design of outdoor security or sound systems. 10. Structural design or calculations for site walls, trellises, buildings or shade structures including footings. 11. Bidding coordination 12. Preparing documents for alternate, separate or sequential bids or providing services in connection with bid negotiations with Contractor and Owner. 13. Contractor pricing packages separate from Construction Documents.
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Reg CC Mtg, March 19, 2019, Page # 73 14. Construction Administration and Observation. 15. Value Engineering after issuance of Construction Documents. 16. Additional meetings, changes to work product at request of Client, which conflict with prior approvals, or Client's directions, or construction contract administration services beyond those included in the scope of work. 17. Design and construction review services pertaining to Contractor safety precautions or to means, methods, techniques, sequences, or procedures required for Contractor to perform their work. 18. Preparation of Client as-built drawings after project completion. 19. Contracting with any engineering, environmental, or other consultants beyond those included in this Agreement. 20. 2D and 3D renderings or site plan marketing exhibits. 21. Lumion (3D) videos or other animations. 22. Government fees and reimbursable expenses.
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Reg CC Mtg, March 19, 2019, Page # 74 SCOPE OF WORK
Studio One Eleven 1. Design Development a. Preliminary design of parking lot layout with two schemes: i. (1) Utilizing City-owned vacant lot only ii. (2) Including a shared driveway with property to the north of site iii. Both schemes will include: 1. Seating 2. Lighting 3. Landscape 4. Parking layout and striping plan 5. Pad for food truck, kiosk, or shipping container 2. Construction Documents a. Based upon City review, refine and finalize site design of scheme 1 or 2 b. Final site plan will include above items as well as parking lot layout, striping, signage, ADA compliance, etc. 3. Landscape and Irrigation Plans a. For vacant lot and associated right-of-way b. Plans will address relocation of existing landscape irrigation controllers 4. Utility Relocation a. Identify areas for power and water utility relocation/addition, including relocation of existing fire hydrant
Civil Engineering Consultant (JLA) 1. Low Impact Development (LID) Plan a. Stormwater management plan in keeping with Los Angeles County LID regulations 2. Grading and Drainage Plan a. Including site walls 3. Erosion Control Plan a. Identifying Best Management Practices (BMPs) employed on site
Cost Estimating Consultant (RLB) 1. Preparation of Rough Order of Magnitude Cost Estimate
Electrical Engineering Consultant (RTM) 1. Prepare Energy Compliance Documentation for the Electrical Systems a. Title 24 – Exterior Lighting 2. Prepare Electrical Drawings Including a. Panel board, feeder sizing, and schedules
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Reg CC Mtg, March 19, 2019, Page # 75 b. Lighting circulating c. Lighting control scheme and switching arrangements
Geotechnical Engineering Consultant (GeoTechnologies) 1. Geotechnical Report a. Two test pits drilled for evaluation of sub-surface conditions b. Paving and wall foundation recommendations c. Bearing capacity, preferred concrete footing PSI, pavement thickness recommendations d. Soil infiltration rates
Surveying Consultant (JLB) 1. Boundary and Topographic Survey a. Survey of site boundary and topography (1 foot contour intervals), immediately adjacent buildings and driveways, and immediately adjacent areas of Narbonne Avenue
SUBTOTAL 1. Studio One Eleven: $10,500 2. Civil Engineering Consultant: $7,800 3. Cost Estimating Consultant: $1,500 4. Electrical Engineering Consultant: $2,000 5. Geotechnical Engineering Consultant: $3,500 6. Surveying Consultant: $4,480
GRAND TOTAL: $29,780
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Reg CC Mtg, March 19, 2019, Page # 76 EXISTING CONDITIONS
CONCEPTUAL SKETCH OF POTENTIAL IMPROVEMENTS
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Reg CC Mtg, March 19, 2019, Page # 77 Attachment 2 Vacant Lot Programming Lomita, California City of Lomita November 2018 Reg CC Mtg, March 19, 2019, Page # 78 The Case for Kiosks
Small Business Kiosks/Pop-ups Can:
• Reduce retail leakage and increase the diversity of uses (Currently, the City of Lomita has an uneven retail mix in the downtown area, with 80% Neighborhood Good and Service uses and only 10% Food & Beverage uses)
• Provide a stepping stone for small businesses to succeed (eg. 25% of small businesses using the Belmont Street kiosks in the City of Bellflower expand to larger store fronts)
• Generate buzz and create marketing opportunities for the City by bringing vitality to an underutilized space. (Examples such as REVOLVE Detroit were featured in over a dozen major media platforms)
• Increase pedestrian-oriented uses and activity in the Urban Coffee and Brew, Melbourne, Australia downtown core
• Turn small business owners into City advocates (For example, Bellflower’s Belmont Street Kiosk businesses work closely with the City throughout their tenancy, becom- ing City advocates in the process ) Reg CC Mtg, March 19, 2019, Page # 79 Successful Programs Need:
City Support Small Business Responsibility
• Flexible rents with subsidized rental policies • Operate during special events (eg. Bellflower provides the first six months free of rent and $150 per month thereafter) • Acquire insurance coverage (min $500k) and all applicable permits, including the business • Resources for small businesses, such as expe- license from the City dited permitting and City staff time for advising • Business type should complement existing • Initial funding for infrastructure/maintenance brick and mortar of space • Sale of pre-packaged food may be permitted
• Be responsible for marketing and promotion
• Undertake all interior tenant improvements
Reg CC Mtg, March 19, 2019, Page # 80 Existing Condition
Vacant lot on Narbonne Avenue, opposite City Hall
Reg CC Mtg, March 19, 2019, Page # 81 Conceptual Sketch of Potential Improvements
PARKING
POP-UP KIOSK
NARBONNE AVENUE
LANDSCAPED TEMPORARY SHARED DRIVEWAY POSSIBLE FOOD-TRUCK PLAZA ACCESS PARKING SPACE
Reg CC Mtg, March 19, 2019, Page # 82 Precedents
Penguin Pop-up Shop, London, United Kingdom Public Design Festival, Milan, Italy 3 Wheel Cafe, Long Beach, CA
Pop-up Patch, Melbourne, Australia Pop-up Patch, Melbourne, Australia Pop-up Patch, Melbourne, Australia Reg CC Mtg, March 19, 2019, Page # 83 Precedents
Bellflower Kiosks, Bellflower, CA Bellflower Kiosks, Bellflower, CA
Urban Coffee & Brew Bar, Melbourne, Australia Urban Coffee & Brew Bar, Melbourne, Australia Urban Coffee & Brew Bar, Melbourne, Australia Reg CC Mtg, March 19, 2019, Page # 84 Precedents
Intelligentsia, New York, NY Florist Kiosk, Kyoto, Japan
Sweet Lucie’s, Southern California Sweet Lucie’s, Southern California Coffee Kiosk, Japan Reg CC Mtg, March 19, 2019, Page # 85
Giving Back Program Grantee Contract
This contract sets forth the terms and conditions on which The City of Lomita (“Grantee”) will participate in the Giving Back Program, a program of the Kenneth A. Picerne Foundation (“Foundation”). Please read the following contract carefully. By signing this contract, you are agreeing to receive grant funds from the Kenneth A. Picerne Foundation based on the terms and subject to the conditions described below.
Terms of the Agreement:
1. Effective Date. Grantee will pursue implementation of the Public Plaza at 24329 Narbonne Ave. project attached to this document commencing on June 1, 2019 and terminating on May 31, 2020.
2. Grantee Relationship. Grantee is not in any way an agent, partner or consultant of the Foundation, any of its affiliates, or the Giving Back Program, a program of the Foundation.
3. Grant Requirements. Grantee will fulfill each of the following requirements of the Giving Back Program:
a. Use of Funds – Grantee will use Foundation funds exclusively for the construction of a public plaza as outlined in the attached proposal Public Plaza at 24329 Narbonne Ave.
b. Communication – The Grantee City Manager will communicate, collaborate and meet in person regularly with Foundation staff and/or representatives regarding activities, progress, needs, problems, or any other issues related to the attached project and Grantee involvement with the Foundation. Grantee will clearly communicate the Foundation’s role as a supporter/investor in all Grantee printed material, website material, and interviews relevant to the Public Plaza Project.
c. Access to and Use of Information: Grantee shall make books and records related to implementation of the attached project available to the Foundation. Grantee shall keep copies of all books, records and reports to the Foundation for at least three years after completion of the use of grant funds.
d. Grant Reports and Audits – Grantee will submit a quarterly financial accounting of the expenditure of grant funds for the attached project to the Foundation. The Grantee must submit a yearly report on the progress made toward achieving the grant purpose, in addition to a final report upon completion of the project and/or termination of the grant. Grantee will complete any paperwork or documentation required or requested by the Foundation.
5000 Birch Street, Suite 600, Newport Beach CA 92660
Reg CC Mtg, March 19, 2019, Page # 86
e. Project Review and Evaluation: Grantee agrees that Foundation staff and/or representatives may review and evaluate the project funded by the Grant. This may include visits by representatives or agents of the Foundation to observe project implementation, to review project data, financial records, and to discuss the project with the City Manager and others tasked with completing the project. At all times Grantee shall accurately maintain books of account, records and documents of every kind in which all matters relating to the project funded by the Grant, including all income, expenditures, assets, liabilities thereof, shall be entered.
f. Illegal Activity – The Foundation has a “no tolerance” policy regarding illegal activity or illegal drug use of any kind.
4. Payments to Grantee. The Foundation will fund $50,000 to the Grantee on June 15, 2019 to implement the Public Plaza at 24329 Narbonne Ave project. Additional expenses required to complete the attached project will be paid by Grantee without reimbursement from the Foundation.
5. Termination. Either party may terminate this agreement at any time by providing written notice of such termination to the other party. If Grantee terminates this contract, or if the Foundation terminates this contract due to Grantee’s failure to abide by any of the terms of this contract, the Foundation may demand return of any unexpended grant funds. Grantee must immediately submit a final report to the Foundation as provided in Section 3d.
6. Indemnification. Grantee waives all claims, arising out of this contract, and indemnifies, holds harmless and affirmatively releases the Foundation and its staff and their affiliates, principals, employees and/or agents for any loss, damage, injury or liabilities. Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Foundation, and their officers, directors, trustees, employees, and agents from and against any and all claims, liabilities, losses and expenses (including reasonable attorney’s fees) directly, indirectly, wholly or partially arising from or in connection with the Grant, the application of funds furnished pursuant to the Grant, the efforts funded or financed by the Grant or in any way relating to the subject of this agreement.
This contract constitutes the entire agreement between Grantee and the Foundation regarding the subject matter hereof and supersedes any and all prior written and oral agreements or discussions between the parties. Any modifications must be in writing signed by both Grantee and an authorized representative of the Foundation.
Agreed to and accepted:
Kenneth A. Picerne Foundation: The City of Lomita:
Victor Nelson, Executive Director Ryan Smoot, City Manager
5000 Birch Street, Suite 600, Newport Beach CA 92660 - 2 - Reg CC Mtg, March 19, 2019, Page # 87 CITY COUNCIL ADMINISTRATION
HENRY SANCHEZ JR RYAN SMOOT JIM GAZELEY CITY MANAGER MICHAEL SAVIDAN CINDY SEGAWA MARK WARONEK
CITY OF LOMITA
February 23, 2019
The Picerne Family Foundation 30950 Rancho Viejo Rd # 200 San Juan Capistrano, CA 92675
Dear Board of Directors:
The City of Lomita gratefully acknowledges the offer from The Picerne Family Foundation to donate $50,000 to a project of the City’s choice and approved by the Board. In that regard, the City has carefully composed a project which we would like to present. The project is located in the City’s Downtown and will have a positive and immediate impact on the City’s residents and business owners. The project is titled “Public Plaza at 24329 Narbonne Ave.” Here are the conceptual details of the project:
Public Plaza at 24329 Narbonne Ave. The City would like to allocate the funds towards the construction of a public plaza which is located on Narbonne Ave in the heart of the City’s Downtown. The City recently acquired a 7,500 square foot vacant lot and has developed a plan to construct approximately 10 parking spaces fronted by a small pedestrian friendly public plaza. The “plaza” will have the ability to host small businesses, food carts, and other mobile pop-up shops. This is in addition to public seating and dining areas. As shown below, the project will cost approximately $100,000:
1. Design and Engineering $29,780 2. Grading and Walls $10,000 3. Concrete Prep and Construction of Pad $20,000 4. Utility Relocation and Wiring $8,000 5. Construction of Plaza Area $30,000 6. Striping, Signage, Landscaping $3,500 TOTAL: $101,280
Currently the City has a conceptual design and engineering bids to prepare the plans. Attachment A of this letter details the conceptual design plan, including examples of pop-up shops the plaza can accommodate, and a quote to begin engineering of the project. Our staff anticipates this project will take up to 18 months to complete.
We would like to thank you again for your partnership and we look forward to a long and beneficial relationship with The Picerne Family Foundation. If we can be of any assistance or provide further information please feel free to reach out to the City’s Community and Economic Development Director, Alicia Velasco, at (310) 325-7110, or at [email protected].
Ryan Smoot City Manager
Attachments
CITY HALL OFFICES • 24300 NARBONNE AVENUE, LOMITA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomita.com/cityhallReg CC Mtg, March 19, 2019, Page # 88
Conceptual Plaza with Parking Area Behind
Reg CC Mtg, March 19, 2019, Page # 89 This Page Intentionally Left Blank
Reg CC Mtg, March 19, 2019, Page # 90 CITY OF LOMITA CITY COUNCIL REPORT
TO: City Council Item No. SCH 9
FROM: Ryan Smoot, City Manager
PREPARED BY: Laura Vander Neut, Management Analyst
MEETING DATE: March 19, 2018
SUBJECT: Consideration of an Agreement with Everbridge, Inc. to Participate in the Multi-Jurisdictional Notification System South Bay Pilot Program
RECOMMENDATION
That the City Council authorize the City Manager to execute an agreement with Everbridge, Inc. for participation in the Multi-Jurisdictional Notification System South Bay Pilot Program for an amount not to exceed $8,311 in year one, $7,939 in year two, and $7,939 in year three.
BACKGROUND
The severe wildfires in recent years have shown that an agency’s ability to communicate efficiently and effectively with its citizens during a disaster response can be critical in saving lives, minimizing damage, and reassuring the public that issues are being responded to appropriately. In response to the 2017 wildfires as well as recent incidents at refineries, several bills related to public emergency notifications were enacted in 2018. Most notable for local municipalities is SB 833, which requires the California Office of Emergency Services to develop guidelines for alerting and warning the public of an emergency by July 1, 2019. Beginning on January 1, 2020, all cities will be required to comply with these guidelines to continue to be eligible for certain emergency management related grant funds. With so much information available to the public almost immediately through social media outlets such as Facebook, Twitter, YouTube, it is increasingly important for local governments to provide timely and accurate information to the public during an emergency response.
Everbridge is recognized in the emergency management industry as a leader in mass communication software. The Everbridge software application automates and accelerates an organization’s emergency notifications. The City could pre-load template messages that could quickly be modified and sent out during an emergency response. Messages are sent via text message, phone calls to cell and landlines, email, and the City’s social media accounts to ensure as wide a reach as possible. The application also allows targeted messaging by geographic area or group type. This feature would allow the City to notify only those residents in a certain neighborhood, for example. It also has a feature to
1 Reg CC Mtg, March 19, 2019, Page # 91 automate staff emergency response callouts, which could be used to call out City employees as well as the CERT team during a disaster response. Another benefit to the Everbridge application is that it can be used for nonemergency notifications, such as construction updates, traffic delays, and special events.
By participating in the South Bay Pilot Program, the City will have access to the full functionality of the Everbridge software application at a reduced price (approximately a 40% discount). The program will also be set up to allow for cities within the program to see the alerts of other cities in real time through the application, which will allow for more coordinated messaging during a regional disaster response. It is anticipated that a working group of representatives from each participating city will convene throughout the pilot program to develop template messages that can be used by all cities at their discretion. The City will also have the ability to create its own messages unique to our City, both ahead of and during a disaster response.
OPTIONS:
1. Authorize the City Manager to execute the Agreement ; or 2. Give alternative direction.
FISCAL IMPACT
The agreement is for an amount not to exceed $8,311 in year one, $7,939 in year two, and $7,939 in year three. For FY 2018-2019, excess funds from Acct. No. 100-230-5340 (Human Resources – Professional Services) can be transferred to Account No. 100-333- 5340 (Emergency Management – Professional Services). In future years, this expense will be budgeted in the Emergency Management budget.
ATTACHMENTS
1. Multi-jurisdictional Notification System South Bay Pilot Program – Fact Sheet 2. Everbridge Master Services Agreement
Reviewed by: Approved by:
______Gary Y. Sugano Ryan Smoot Assistant City Manager City Manager
Prepared by:
______Laura Vander Neut Management Analyst
2 Reg CC Mtg, March 19, 2019, Page # 92
Multi-jurisdictional Notification System South Bay Pilot Program
Concept: To develop a Multi-jurisdictional notification system for the South Bay Area G cities.
The goal of the project is to follow the guidance as outlined in SB833 and SB821 and develop a comprehensive interoperable multi-jurisdictional notification platform that can be utilized in times of extreme crisis or emergency. The program enhances each local City’s ability to communicate with potential transient populations through keyword notifications, APP based notifications, and partnerships with local businesses. The MJNS project would provide the following to each local jurisdiction:
Mass Notification System Pro Model for Internal and External Notifications; Community Engagement component to include NIXLE, Google Alerts, Social Media integration, iPAWS access, APP for internal and external use, and opt-out platform; Provides information sharing and coordination with local businesses for small and large venue events, city programs, and hosted events; Integration of emergency contacts for school district personnel, child care centers, hospitals, healthcare providers, skilled nursing facilities and inclusiveness to the access and functional needs population; Unlimited messaging and multiple contact paths for redundancy, staff recall, emergency operations, and emergency and non-emergency alerting to include 2- way communication; Interoperability between all South Bay Cities including cross jurisdictional notifications enhancing situational awareness and time-sensitive notifications; Continuing education and training on emergency notification processes, platform functionality and enhancements, and regular regional training through a dedicated technical account manager for the program.
Important Dates
Jan. 1, 2019 : AB 1646 (Refinery Requirements) July 1, 2019: SB 833/SB821 (Public Alert and Warning)
Soraya Sutherlin, MPA, CEM, Emergency Management Safety Partners [email protected]
Reg CC Mtg, March 19, 2019, Page # 93
Projected Timeline: Estimated implementation rollout to begin Jan. 2019
Dec. 2018-Jan 2019
New customers, customers converting from NIXLE, and existing customer contracts would be terminated, pro-rated, and new contract start dates established. The current pilot program period is the standard three years. o City Council Approval (if needed or required); o Resolution to adopt SB 821 for opt-out data; o Determine internal system use, jurisdictional use for non-emergency communications, processes, plans, and protocols. Jan. 2019
System set-up and implementation initiated and on-boarding processes start with each individual city; o iPAWS application and training period begins for jurisdictions without iPAWS access;
Jan. 2019-July 2019
Identify key stakeholders and establish Multi-jurisdictional Notification System Working Group to develop guidelines, thresholds, and criteria in development of an SOP for catastrophic events; o Identify and incorporate public alert and warning laws related to SB 833, 821 and Refinery Bill 1646 into all planning documents and city policies related to public alert and warning; o Identify training needs and requirements for regional training calendar year; o Establish baseline standards for training for authorized users; o Identify common goals, procedures, and implementation phases; o Develop/review message templates and language related to emergency notifications.
Soraya Sutherlin, MPA, CEM, Emergency Management Safety Partners [email protected]
Reg CC Mtg, March 19, 2019, Page # 94
Everbridge, Inc. Master Services Agreement
This Master Services Agreement (“Agreement”) is entered shall pay the fees set forth in the Quote within thirty (30) days from into by and between Everbridge, Inc. (“Everbridge”) and date of invoice. If Client exceeds the usage levels specified in the ______(“Client”), effective on the date Quote, then Everbridge may invoice Client for any overages at the of Client’s signature below (“Effective Date”). Everbridge and then applicable rate. All Professional Services must be used within Client are each sometimes referred to as a “Party” and 12 months from date of purchase. Late payments shall accrue collectively, the “Parties.” interest at a rate of one and one-half percent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower. 1. SERVICES. Such interest shall be in addition to any other rights and remedies of Everbridge. Unless otherwise provided, the fees set forth in the Everbridge shall provide Client access to its 1.1 Orders. Quote do not include any local, state, federal or foreign taxes, proprietary interactive communication solutions (the “ ”) Solutions levies or duties of any nature, all of which Client is responsible for subject to the terms and conditions set forth in this Agreement and paying, except for those relating to Everbridge’s net income or the description of services and pricing provided in the applicable property. If Everbridge is legally obligated to collect or pay taxes quote or other ordering document (e.g., statement of work) (the for which Client is responsible, the appropriate amount shall be “ ”) and the applicable Solution documentation (the Quote invoiced to and paid by Client, unless Client provides a valid tax “Documentation”). If applicable, Everbridge shall provide the exemption certificate. training and professional services (“Professional Services”) set forth in the Quote. Collectively, the Solutions and Professional 3. RESPONSIBILITIES. Services are referred to as the “Services”. Everbridge shall provide Client with login and password information for each User 3.1 Client Data. Client shall retain all ownership rights (as defined below) and will configure the Solutions based on the in all Contact data and all electronic data Client transmits to maximum number of Contacts (as defined below) or Users, as Everbridge to or through the Solutions (“Client Data”). Client applicable depending on the Solutions ordered. Client shall represents that it has the right to authorize and hereby does undergo the initial setup and training as set forth in the onboarding authorize Everbridge to collect, store and process Client Data Documentation within sixty (60) days of the Effective Date. Unless subject to the terms of this Agreement. Client shall maintain a copy otherwise provided in the applicable Quote or Documentation, of all Contact data it provides to Everbridge. Services are purchased as annual subscriptions. 3.2 Use of Solutions. Client is responsible for all activity 1.2 Users; Contacts. “Users” are individuals who are occurring under Client’s account(s) and shall comply with all authorized by Client from time to time to use the Solutions for the applicable Privacy Laws (as defined below) and all other purposes of sending notifications, configuring templates, reporting applicable laws and regulations in connection with Client’s use of or managing data, serving as system administrators, or performing the Services, including its provision of Client Data to Everbridge. similar functions, and who have been supplied user identifications Where applicable, Client shall obtain the required consent of and passwords by Client. Users may include employees and Contacts to send communications through the Solutions. Client contractors of Client or an Included Department. “Included shall use the Service in accordance with Everbridge’s then Department” means any enterprise department, office, agency, or applicable Acceptable Use Policy posted on www.everbridge.com. other entity that receives a majority of its funding from the same Client shall promptly notify Everbridge of any unauthorized use of general or enterprise fund, as applicable, as the Client. “Contacts” any password or account or any other act or omission that would are individuals who Client contacts through the Solutions and/or constitute a breach or violation of this Agreement. Client who provides their personal contact information to Everbridge, acknowledges that the Solutions are a passive conduit for the including through an opt-in portal. If applicable to the particular transmission of Client Data, and Everbridge has no obligation to Solution, the number of Users and/or Contacts that may be screen, preview or monitor content, and shall have no liability for authorized by Client is set forth on the Quote. any errors or omissions or for any defamatory, libelous, offensive or otherwise unlawful content in any Client Data, or for any losses, 1.3 Affiliated Entities. Departments, divisions, agencies damages, claims, or other actions arising out of or in connection or governmental entities which are affiliated politically, with any data sent, accessed, posted or otherwise transmitted via operationally or otherwise with Client, and which are not an the Solutions by Client, Users or Contacts. Included Department (each, an “Affiliated Entity”) may purchase Services to the same extent as Client, provided, that the Affiliated 3.3 Data Privacy. Everbridge shall abide by all applicable Entity purchases the Services on the same terms and conditions Privacy Laws in connection with the operation of the Solutions. as are contained in this Agreement pursuant to a fully executed “Privacy Laws” means all U.S. federal and state laws and Quote agreed to by Everbridge and such Affiliated Entity. Client regulations regarding consumer and data protection and privacy. and the Affiliated Entity shall maintain separate accounts with 3.4 Data Security. Everbridge’s IT security and Everbridge. Solely as to the Agreement between Everbridge and compliance program includes the following standards generally such Affiliated Entity, all terms and references to “Client” shall refer adopted by industry leading SaaS providers: (i) reasonable and to such Affiliated Entity upon execution of an applicable Quote. By appropriate technical, organizational, and security measures executing a Quote each Affiliated Entity agrees to be bound by all against the destruction, loss, unavailability, unauthorized access the terms and conditions herein as to such Affiliated Entity. An or alteration of Client Data in the possession or under the control entity that otherwise qualifies under this definition will be included of Everbridge, including measures to ensure the availability of within the meaning of Affiliated Entity even though it qualifies after information following interruption to, or failure of, critical business the execution of this Agreement. processes; and (ii) an annual assessment of its security controls performed by an accredited third party audit firm in accordance 2. PAYMENT TERMS. Everbridge shall invoice Client annually in advance for all Solutions and Professional Services, and Client with the Statement on Standards for Attestation Engagements No.
SLG Master Services Agreement v6 01.29.17 Reg CC Mtg, March 19, 2019, Page # 95 1
16 (SSAE 16). Upon request, Everbridge shall provide Client with 5.3 Suspension. Everbridge may suspend Client’s a copy of its current SSAE 16 SOC 2 report. Everbridge’s security access to the Solutions or any portion thereof for (i) emergency framework is based on the security requirements and controls network repairs, threats to, or actual breach of network security; or within US National Institute of Standards and Technology (NIST) (ii) any legal, regulatory, or governmental prohibition affecting the Special Publication 800-53 – Security and Privacy Controls for Solution. Everbridge shall use its best efforts to notify Client Information Systems and Organizations. The NIST 800-53 security through its Client Portal and/or via email prior to such suspension requirement standard has direct mapping to other security and and shall reactivate any affected portion of the Solution as soon as data privacy frameworks, including global information security possible. standard ISO 27001, HIPAA-HITECH, and HITRUST. 6. PROPRIETARY RIGHTS. 4. TERM. The term of this Agreement shall begin on the Effective Date and shall expire when all underlying Quotes with 6.1 Grant of License. Subject to the terms and Client or its Affiliates have expired in accordance with the terms of conditions of this Agreement, Everbridge hereby grants to Client, such Quotes, unless terminated earlier as provided herein. during the term of this Agreement, a limited, non-exclusive, non- Services under an applicable Quote will begin as set forth in such transferable, non-sublicensable right to use the Solutions. Quote and shall continue for the initial term specified therein . Client shall use the Solution solely for (“Initial Service Term”). If a Quote contains Services added to an 6.2 Restrictions its internal business purposes. In particular, Client’s use of the existing subscription, such added Services will be coterminous Solutions shall not include service bureau use, outsourcing, with the Initial Service Term or applicable renewal Service term renting, reselling, sublicensing, or time-sharing. Client shall not (i) (“Renewal Term”), unless otherwise agreed to by the parties. If at sell, transfer, assign, distribute or otherwise commercially exploit the end of the applicable Quote, Client intends to renew the Agreement, but has not provided a timely executed written renewal or make the Solution available to any third party except as prior to the end of such term, then Everbridge, in its sole discretion, expressly set forth herein; (ii) modify or make derivative works shall continue the Service(s) hereunder for thirty (30) days (the based upon the Solution; (iii) reverse engineer the Solution; (iv) remove, obscure or alter any proprietary notices or labels on the “Grace Period”) in order to secure an executed renewal by Client, Solution or any materials made available by Everbridge; (v) use, provided that Client shall pay to Everbridge the annual fee then in post, transmit or introduce any device, software or routine effect divided by twelve (12) (the “Monthly Holdover Fee”). The (including viruses, worms or other harmful code) which interferes Grace Period is provided to Client as a courtesy so that Services or attempts to interfere with the operation of the Solution; or (vi) will not be terminated prior to the execution of a renewal. Due to defeat or attempt to defeat any security mechanism of any insurance and liability reasons Everbridge can only provide one Grace Period and will charge the Monthly Holdover Fee. The Solution. Monthly Holdover Fee is instituted in order to protect Client from 6.3 Reservation of Rights. The Solutions (including all termination or suspension of the Services, and to insure that timely associated computer software (whether in source code, object renewals are entered into. Monthly Holdover Fees shall not be code, or other form), databases, indexing, search, and retrieval returned or refunded to the Client as a credit towards any renewal. methods and routines, HTML, active server pages, intranet pages, Except as set forth in an applicable Quote, or unless this and similar materials) and all intellectual property and other rights, Agreement is terminated as provided herein, upon expiration of the title, and interest therein (collectively, “IP Rights”), whether term of any Quote, such Quote shall renew automatically for conceived by Everbridge alone or in conjunction with others, successive subsequent periods of twelve (12) months unless constitute Confidential Information and the valuable intellectual either party notifies the other party of its intent to terminate at least property, proprietary material, and trade secrets of Everbridge and thirty (30) days prior to the end of the then current term. Everbridge its licensors and are protected by applicable intellectual property reserves the right to increase its fees in any Renewal Term by laws of the United States and other countries. Everbridge owns (i) three percent (3%). With respect to any renewals which are signed all feedback (except for the Client Data) provided to Everbridge by by Client after the previous term’s expiration date, Everbridge Users, Client and Contacts in conjunction with the Services, and reserves the right to increase its fees in such Renewal Term by (ii) all transactional, performance, derivative data and metadata five percent (5%). generated in connection with the Solutions, which are generally used to improve the functionality and performance of the Services. 5. TERMINATION; SUSPENSION. Except for the rights expressly granted to Client in this Agreement, 5.1 Termination by Either Party. Either Party may all rights in and to the Solutions and all of the foregoing elements terminate this Agreement upon the other Party's material breach thereof (including the rights to any work product resulting from of the Agreement, provided that (i) the non-breaching Party sends Professional Services and to any modification, enhancement, written notice to the breaching Party describing the breach in configuration or derivative work of the Solutions) are and shall reasonable detail; (ii) the breaching Party does not cure the breach remain solely owned by Everbridge and its respective licensors. within thirty (30) days following its receipt of such notice (the Everbridge may use and provide Solutions and Professional "Notice Period"); and (iii) following the expiration of the Notice Services to others that are similar to those provided to Client Period, the non-breaching Party sends a second written notice hereunder, and Everbridge may use in engagements with others indicating its election to terminate this Agreement. any knowledge, skills, experience, ideas, concepts, know-how and techniques used or gained in the provision of the Solutions or 5.2 Termination or Suspension for Non-Payment. If Professional Services to Client, provided that, in each case, no Client fails to pay any amounts due within thirty (30) days of their Client Data or Client Confidential Information is disclosed thereby. due date, Everbridge may terminate this Agreement upon thirty (30 days’ prior written notice to Client. Termination for non-payment 7. CONFIDENTIAL INFORMATION. shall not relieve Client of its outstanding obligations (including . means all payment) under this Agreement. In lieu of termination for non- 7.1 Definition “Confidential Information” information of a Party ( ) disclosed to the other payment, Everbridge may suspend Client’s access to the “Disclosing Party” Party ( ), whether orally, electronically, in Solutions upon written notice to Client. “Receiving Party” writing, or by inspection of tangible objects (including, without limitation, documents or prototypes), that is designated as 2 Reg CC Mtg, March 19, 2019, Page # 96
confidential or that reasonably should be understood to be SOLUTION TO DELIVER AN ELECTRONIC COMMUNICATION, confidential given the nature of the information and the HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, circumstances of disclosure. Confidential Information includes EVEN IF EVERBRIDGE HAS BEEN ADVISED OF THE without limitation, all Client Data, the Solutions, and either Party’s POSSIBILITY OF SUCH DAMAGE. business and marketing plans, technology and technical information, product designs, reports and business processes. 8.3 SMS Transmission. CLIENT ACKNOWLEDGES Confidential Information shall not include any information that: (i) THAT THE USE OF SHORT MESSAGING SERVICES (“SMS”), is or becomes generally known to the public without breach of any ALSO KNOWN AS TEXT MESSAGING, AS A MEANS OF obligation owed to Disclosing Party; (ii) was known to Receiving SENDING MESSAGES INVOLVES A REASONABLY LIKELY Party prior to its disclosure by Disclosing Party without breach of POSSIBILITY FROM TIME TO TIME OF DELAYED, any obligation owed to Disclosing Party; (iii) was independently UNDELIVERED, OR INCOMPLETE MESSAGES AND THAT THE developed by Receiving Party without breach of any obligation PROCESS OF TRANSMITTING SMS MESSAGES CAN BE owed to Disclosing Party; or (iv) is received from a third party UNRELIABLE AND INCLUDE MULTIPLE THIRD PARTIES THAT without breach of any obligation owed to Disclosing Party. PARTICIPATE IN THE TRANSMISSION PROCESS, INCLUDING MOBILE NETWORK OPERATORS AND INTERMEDIARY 7.2 Protection. Receiving Party shall not disclose or use TRANSMISSION COMPANIES. ACCORDINGLY, EVERBRIDGE any Confidential Information of Disclosing Party for any purpose RECOMMENDS THAT SMS MESSAGING NOT BE USED AS other than performance or enforcement of this Agreement without THE SOLE MEANS OF COMMUNICATION IN AN EMERGENCY Disclosing Party’s prior written consent. If Receiving Party is SITUATION. compelled by law to disclose Confidential Information of Disclosing Party, including under the Freedom of Information Act or other 9. INDEMNIFICATION. public information request (i.e., “state sunshine” laws) it shall provide Disclosing Party with prior notice of such compelled 9.1 By Client. Client shall defend, indemnify and hold disclosure (to the extent legally permitted) and reasonable Everbridge harmless against any loss or damage (including assistance, if Disclosing Party wishes to contest the disclosure. reasonable attorneys’ fees) incurred in connection with any third party claim, suit or proceeding ( ) arising out of any data Receiving Party shall protect the confidentiality of Disclosing “Claim” sent, posted or otherwise transmitted via the Solution by Client or Party's Confidential Information in the same manner that it protects Contacts, unless due to the negligence or willful misconduct of the confidentiality of its own confidential information of like kind Everbridge, or any breach by Client of Sections 3 or 6. (but in no event using less than reasonable care). Receiving Party shall promptly notify Disclosing Party if it becomes aware of any 9.2 By Everbridge. Everbridge shall defend, indemnify breach of confidentiality of Disclosing Party's Confidential and hold Client harmless from and against any Claim against Information. Client alleging that the Solution as contemplated hereunder infringes an issued patent or other IP Right in a country in which 7.3 Upon Termination. Upon any termination of this the Solution is provided to Client. If (x) any aspect of the Solution Agreement, the Receiving Party shall continue to maintain the is found or, in Everbridge’s reasonable opinion is likely to be found, confidentiality of the Disclosing Party's Confidential Information and, upon request and to the extent practicable, destroy all to infringe upon the IP Right of a third party or (y) the continued materials containing such Confidential Information. use of the Solution is enjoined, then Everbridge will promptly and Notwithstanding the foregoing, either Party may retain a copy of at its own cost and expense at its option: (i) obtain for Client the any Confidential Information if required by applicable law or right to continue using the Solution; (ii) modify such aspect of the Solution so that it is non-infringing; or (iii) replace such aspect of regulation, in accordance with internal compliance policy, or the Solution with a non-infringing functional equivalent. If, after all pursuant to automatic computer archiving and back-up commercially reasonable efforts, Everbridge determines in good procedures, subject at all times to the continuing applicability of faith that options (i) - (iii) are not feasible, Everbridge will remove the provisions of this Agreement. the infringing items from the Solution and refund to Client on a pro- 8. WARRANTIES; DISCLAIMER. rata basis any prepaid unused fees paid for such infringing element. The remedies set forth in this Section 9.2 are Client’s 8.1 Everbridge Warranty. Everbridge shall provide the exclusive remedy for Claims for infringement of an IP Right. Solutions in material compliance with the functionality and Everbridge shall have no obligation or liability for any claim specifications set forth on the applicable Solution Documentation. pursuant to this Section to the extent arising from: (i) the Everbridge shall provide 24X7X365 customer support in combinations, operation, or use of the Solution supplied under this accordance with its most recently published Support Services Agreement with any product, device, or software not supplied by Guide. Professional Services shall be performed in a professional Everbridge to the extent the combination creates the infringement; manner consistent with industry standards. (ii) the unauthorized alteration or modification by Client of the Solution; or (iii) Everbridge’s compliance with Client's designs, 8.2 Disclaimer. THE FOREGOING REPRESENT THE specifications, requests, or instructions pursuant to an ONLY WARRANTIES MADE BY EVERBRIDGE HEREUNDER, engagement for Everbridge Professional Services relating to the AND EVERBRIDGE EXPRESSLY DISCLAIMS ALL OTHER Solution to the extent the claim of infringement is based on the WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, foregoing. STATUTORY, OR OTHERWISE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR 9.3 Indemnification Process. The indemnifying party’s PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY obligations under this Section 9 are contingent upon the APPLICABLE LAW. EVERBRIDGE DOES NOT WARRANT indemnified party (a) promptly giving notice of the Claim to the THAT THE SOLUTION WILL OPERATE ERROR FREE OR indemnifying party once the Claim is known; (b) giving the WITHOUT INTERRUPTION. WITHOUT LIMITING THE indemnifying party sole control of the defense and settlement of FOREGOING, IN NO EVENT SHALL EVERBRIDGE HAVE ANY the Claim (provided that the indemnifying party may not settle such LIABILITY FOR PERSONAL INJURY (INCLUDING DEATH) OR Claim unless such settlement unconditionally releases the PROPERTY DAMAGE ARISING FROM FAILURE OF THE indemnified party of all liability and does not adversely affect the
3 Reg CC Mtg, March 19, 2019, Page # 97
indemnified party’s business or service); and (c) providing the shall be governed and construed in accordance with the laws of indemnifying party all available information and reasonable the State of California, and venue for any action will lie exclusively assistance. in Los Angeles County, without regard to its conflicts of laws rules. The U.N. Convention on Contracts for the International Sale of 10. LIABILITY LIMITS. To the maximum extent permitted by Goods shall not apply. The prevailing party in any action arising law, neither Party shall have any liability to the other Party for any out of this Agreement shall be entitled to its reasonable attorneys’ indirect, special, incidental, punitive, or consequential damages, fees and costs. however caused, under any theory of liability, and whether or not the Party has been advised of the possibility of such damage. 11.6 Notices. Legal notices (e.g., claimed breach or Except for its indemnification obligations under Section 9.2, termination) to be provided under this Agreement shall be notwithstanding anything in this Agreement to the contrary, in no delivered in writing (a) in person, (b) by nationally recognized event shall Everbridge’s aggregate liability, regardless of whether overnight delivery service, or (c) by U.S. certified or first class mail any action or claim is based on warranty, contract, tort, to the other party as set forth on the signature page hereto. All indemnification or otherwise, exceed amounts paid or due by legal notices shall be deemed to have been given upon receipt or, Client to Everbridge hereunder during the 12-month period prior to if under (c), three (3) business days after being deposited in the the event giving rise to such liability. The foregoing limitations shall mail. Either party may change its address by giving notice of the apply even if the non-breaching party’s remedies under this new address to the other party pursuant to this Section and Agreement fail their essential purpose. identifying the effective date of such change. Everbridge may provide all other notices to Client’s billing contact on the Client 11. MISCELLANEOUS. Registration Form or, with respect to availability, upgrades or maintenance of the Solutions, to the Everbridge Support Center. 11.1 Non-Solicitation. As additional protection for Everbridge’s proprietary information, for so long as this Agreement 11.7 Marketing. Client consents to Everbridge referencing remains in effect, and for one year thereafter, Client agrees that it Client’s name as an Everbridge Client in Everbridge publications, shall not, directly or indirectly, solicit, hire or attempt to solicit any its website, and other marketing materials. employees of Everbridge; provided, that a general solicitation to the public for employment is not prohibited under this section. 11.8 Equal Employment Opportunity. Everbridge, Inc. is a government contractor and is subject to the requirements of 11.2 Force Majeure; Limitations. Everbridge shall not be Executive Order 11246, the Rehabilitation Assistance Act and responsible for performance under this Agreement to the extent VEVRAA. Pursuant to these requirements, the Equal Opportunity precluded by circumstances beyond Everbridge’s reasonable Clauses found at 41 Code of Federal Regulations sections 60- control, including without limitation acts of God, acts of 1.4(a) (1-7), sections 60-250.4(a-m), sections 60-300.5 (1-11) and government, flood, fire, earthquakes, civil unrest, acts of terror, sections 60-741.5 (a) (1-6) are incorporated herein by reference labor problems, regional technology interruptions, or denial of as though set forth at length, and made an express part of this service attacks, provided Everbridge has taken all reasonable Agreement. steps to ensure it will be able to perform its obligations under this Agreement in such circumstances as performance is most critical 11.9 Export Compliant. Neither Party shall export, in times of emergency or natural disaster, and the Client has directly or indirectly, any technical data acquired from the other entered into this Agreement for the primary purpose of having pursuant to this Agreement or any product utilizing any such data Everbridge perform its obligations and provide notifications in such to any country for which the U.S. Government or any agency circumstances. The Solution delivers information for supported thereof at the time of export requires an export license or other Contact paths to public and private networks and carriers, but governmental approval without first obtaining such license or Everbridge cannot guarantee delivery of the information to the approval. Client shall not permit Users to send notifications to a recipients. Final delivery of information to recipients is dependent Contact in a U.S. embargoed country or in violation of any U.S. on and is the responsibility of the designated public and private export law or regulation. networks or carriers. 11.10 U.S. Government End-Users. The Solutions and 11.3 Waiver; Severability. The failure of either Party related documentation are “commercial items” as defined at 48 hereto to enforce at any time any of the provisions or terms of this C.F.R. 2.101, consisting of “commercial computer software” and Agreement shall in no way be considered to be a waiver of such “commercial computer software documentation” as such terms are provisions. If any provision of this Agreement is found by any court used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and or other authority of competent jurisdiction to be invalid, illegal or 48 C.F.R. 227.7202-1 through 227.7202-4, U.S. government unenforceable, that provision shall, to the extent required, be customers and end-users acquire licenses to the Solutions and deemed deleted or revised, and the remaining provisions shall related documentation with only those rights set forth herein. continue in full force and effect to the maximum extent possible so as to give effect to the intent of the parties. 11.11 General. This Agreement, including its Exhibits and any Quote, constitutes the entire agreement between the Parties 11.4 Assignment. Neither party may assign this and supersedes all other agreements and understandings Agreement to any third party except upon the other Party’s prior between the Parties, oral or written, with respect to the subject written consent, which consent shall not be unreasonably withheld matter hereof, including any confidentiality agreements. This or delayed; provided, that no such consent shall be required in the Agreement shall not be modified or amended except by a writing event of an assignment to an Affiliated Entity or to a successor-in- signed by both Parties. ANY NEW TERMS OR CHANGES interest to the business of the assigning Party resulting from a INTRODUCED IN A PURCHASE ORDER OR OTHER merger, reorganization, or sale of all or substantially all such DOCUMENT ARE VOID AND OF NO FORCE OR EFFECT. Party’s assets. Notwithstanding the above, neither Party shall EVERBRIDGE’S ACKNOWLEDGEMENT OF RECEIPT OF assign this Agreement to any third party which is a competitor of SUCH DOCUMENT OR ACCEPTANCE OF PAYMENT SHALL the other Party. NOT CONSTITUTE AGREEMENT TO ANY TERMS OTHER THAN THOSE SET FORTH IN THIS AGREEMENT. There are no 11.5 Governing Law; Attorney’s Fees. This Agreement 4 Reg CC Mtg, March 19, 2019, Page # 98
third party beneficiaries to this Agreement. Any right, obligation or its digital or electronic signature, whether transmitted by fax condition that, by its express terms or nature and context is machine, in the form of an electronically scanned image (e.g., in intended to survive the termination or expiration of this Agreement, .pdf form), by email, or by other means of e-signature technology, shall survive any such termination or expiration hereof. This and each Party agrees that it shall accept the signature of the other Agreement, and any other document referencing and governed by Party transmitted in such a manner. this Agreement may be executed in one or more counterparts, each of which shall be deemed an original but which together shall constitute the same agreement. Each Party agrees to be bound by
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives.
EVERBRIDGE, INC. CLIENT:
By: By: Print Name: Print Name: Title: Title: Date: Date:
Address: Client’s Address: 25 Corporate Drive Burlington, Massachusetts 01803
For legal notice: Attn: Attention: Legal Department Address for Legal Notice:
Attn:
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EXHIBIT A Additional Business Terms
The following additional business terms are incorporated by reference into the Agreement as applicable based on the particular products and services described on the Quote.
If Client Is Ordering Nixle® Branded Products or Community Engagement:
1. Client grants to Everbridge a non-exclusive, royalty free, worldwide and perpetual right and license (including sublicense) to (a) use, copy, display, disseminate, publish, translate, reformat and create derivative works from communications Client sends through the Solutions for public facing communications to citizens, other public groups and public facing websites, including social media (e.g., Google®, Facebook®) (collectively, “Public Communications”), (b) use and display Client’s trademarks, service marks and logos, solely as part of the Public Communications to Contacts who have opted in to receive those Communications, and on other websites where Everbridge displays your Public Communications, as applicable, and (c) place a widget on Client’s website in order to drive Contact opt-in registrations. Client further acknowledges and agrees that all personal information from individuals registering through such widget is owned expressly by Everbridge and such information will be governed by the applicable Privacy Policy.
If Client Is Ordering Everbridge Branded Products:
1. Data Feeds. Notwithstanding anything to the contrary in this Agreement, to the extent that Client has purchased or accesses Data Feeds, such feeds are provided solely on an “AS IS” and “AS AVAILABLE” basis and Everbridge disclaims any and all liability of any kind or nature resulting from any inaccuracies or failures with respect to such Data Feeds. The sole and exclusive remedy for any failure, defect, or inability to access the content of such Data Feed shall be to terminate the Data Feed with no further payments due. “Data Feed” means data content licensed or provided by third parties to Everbridge and supplied to Client in connection with the Solution (e.g., real time weather system information and warnings, 911 data, third party maps, and situational intelligence).
2. Incident Management/IT Alerting. For Clients purchasing the Incident Management or IT Alerting Solution, unless designated as unlimited: (a) Clients may only designate the number of Users set forth on the Quote, and such individuals shall only have the access rights pursuant to such designation and role; (b) Incident Administrators shall have the ability to build incident templates, report on incidents, and launch incident notifications; (c) Incident Operators shall only have the ability to launch or manage incidents; (d) IT Alerting Users shall have the ability to build, launch or manage incidents as well as participate in an on-call schedule to receive IT outage notifications, and (e) Client shall be provided the number of incident templates purchased pursuant to the Quote. “Incident Administrator” means an individual who is authorized by Client as an organizational administrator for the Incident Management or IT Alerting Solution. “Incident Operator” means an individual who is authorized by Client as an operator of the Incident Management or IT Alerting Solution.
3. Secure Messaging. For Clients purchasing peer to peer secure messaging solutions (“Secure Messaging”), Everbridge shall comply with all applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), the Gramm-Leach- Bliley Act, and the Fair Credit Reporting Act, as applicable based on solution purchased. Any Business Associate Agreement executed in connection with this Agreement shall be incorporated and made a part of this Agreement. Client acknowledges and agrees that Secure Messaging solutions are intended to deliver non-critical, non-emergency messages between users as a convenience to facilitate communications and are not intended for or suitable for use in situations where a failure or time delay of, or errors or inaccuracies in, the content, data or information provided through the services could lead to death, personal injury or property damage.
Non-Critical Messaging
1. If Client is using the solution to send non-emergency calls, text messages or emails to consumers, Client expressly agrees to comply with the Telephone Consumer Protection Act of 1991, including its implementing regulations, the CAN-SPAM Act of 2003, and any other similar laws and regulation (collectively, “Consumer Protection Law”). Client shall not violate these or others applicable laws and warrants that it shall receive express consent from Contacts if its messages fall within these Consumer Protection Laws. Client shall defend, indemnify and hold Everbridge harmless from any violation by Client of Consumer Protection Law. Client further agrees that any marketing or sales related text messages will comply with the policies and guidelines of the Mobile Marketing Association found at http://mmaglobal.com/policies/code-of-conduct.
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EXHIBIT B IPAWS- CMAS/WEA Addendum
This addendum is incorporated by reference into the Agreement as applicable based on the particular products and services described on the Quote.
1 IPAWS Authorization: Client represents and warrants to Everbridge that any employee, agents, or representatives of Client who access IPAWS-OPEN using Client’s credentials provided by FEMA (each, an “IPAWS User”), are authorized by FEMA to use IPAWS-OPEN, have completed all required training, and Client has executed an IPAWS Memorandum of Agreement (“MOA”) with FEMA. Client shall contact Everbridge immediately upon any change in Client or any IPAWS User’s right to access IPAWS-OPEN. Client shall only access IPAWS-OPEN using its designated credentials and FEMA issued digital certificate (“Digital Certificate”). Client acknowledges and agrees that Everbridge shall not have access to its credentials and that Client assumes full responsibility for maintaining the confidentiality of any credentials issued to it. Client shall be solely responsible for any and all claims, damages, expenses (including attorneys’ fees and costs) that arise from any unauthorized use or access to IPAWS-OPEN. 2. Credentials: Client shall load and maintain within its Everbridge account Organization, its Digital Certificate, COG ID, and Common Name. Client authorizes and requests Everbridge to use the foregoing stored information to connect Client to IPAWS-OPEN. 3. Messaging: Client acknowledges and agrees that: (i) upon submission of messages to IPAWS-OPEN, Everbridge shall have no further liability for the distribution of such message, and that the distribution through IPAWS-OPEN, including, but not limited to, delivery through the Emergency Alert System or the Commercial Mobile Alert System, is in no way guaranteed or controlled by Everbridge; (ii) Everbridge shall not be liable as a result of any failure to receive messages distributed through IPAWS-OPEN; (iii) IPAWS may include additional features not supported through the Everbridge system, and Everbridge shall not be required to provide such additional features to Client; and (iv) Client shall be solely responsible and liable for the content of any and all messages sent through IPAWS-OPEN utilizing its access codes. 4. Term: Client acknowledges and agrees that access to IPAWS-OPEN shall be available once Client has provided Everbridge with the Digital Certificate and any other reasonably requested information to verify access to the system. Upon termination of the Agreement access to IPAWS-OPEN shall immediately terminate. In addition, Everbridge may immediately terminate, without liability, access to IPAWS-OPEN, if Client breaches this Addendum, the MOA, or FEMA changes the IPAWS-OPEN system so that it materially change the business terms and/or feasibility for Everbridge to provide such access.
Reg CC Mtg, March 19, 2019, Page # 101 7
Prepared for: Quotation City of Lomita Quote #: Q-24073 Date: 1/25/2019 24300 Narbonne Ave. Expires On: 3/1/2019 Lomita CA 90717 Confidential Ph: Fax: Salesperson: Angela Fish Email: Phone: Email: [email protected]
Contract Summary Information: Contract Period: 36 Months Contract Start Date: 3/1/2019
Contact Summary: Household Count: 7,722 Employee Count:
Page 1 of 3 Reg CC Mtg, March 19, 2019, Page # 102 Year 1 QTY DESCRIPTION PRICE 1 Mass Notification Pro USD 4,189.00 2 One Day Remote Consulting Services USD 3,750.00 (Travel & Expenses to be reimbursed by Customer) Year 1 TOTAL: USD 7,939.00
Year 2 QTY DESCRIPTION PRICE 1 Mass Notification Pro USD 4,189.00 2 One Day Remote Consulting Services USD 3,750.00 (Travel & Expenses to be reimbursed by Customer) Year 2 TOTAL: USD 7,939.00
Year 3 QTY DESCRIPTION PRICE 1 Mass Notification Pro USD 4,189.00 2 One Day Remote Consulting Services USD 3,750.00 (Travel & Expenses to be reimbursed by Customer) Year 3 TOTAL: USD 7,939.00
Pricing Summary: Year One Fees: USD 7,939.00 One-time Implementation and Setup Fees: USD 372.00 Professional Services: USD 0.00 Total Year One Fees Due: USD 8,311.00
Ongoing Fees: Year Two Fees: USD 7,939.00 Year Three Fees: USD 7,939.00
Page 2 of 3 Reg CC Mtg, March 19, 2019, Page # 103 1. Additional rates apply for all international calls. 2. Quote subject to the terms and conditions of the service agreement, including any amendments, executed between Everbridge, Inc. and the customer listed above. 3. Subject to sales taxes where applicable. 4. Except for currency designation, the supplemental notes below, if any, supplied in this Quote are for informational purposes and not intended to be legally binding or override negotiated language of the Everbridge Inc. Service Agreement. 5. Pricing is based upon full Area G participation. Should the Area G entities not agree to the terms of the agreement and pricing by March 1, 2019, Everbridge has the right to adjust total program pricing from $8,311.00 in year 1 up to $14,448.00 in year 1, excluding any credits for existing service.
Supplemental Notes: Qty 2 of Professional Services is for a total of 15 hours
\AID1\ Authorized by Everbridge:
Signature: \s2\ Date: \d2\
\n2\ Name (Print): Title: \t2\
To accept this quote, sign, date and return:
Signature: \s1\ Date: \d1\
Name (Print): \n1\ Title: \t1\
155 North Lake Avenue, Suite 900 Pasadena, CA 91101 USA Tel: +1-818-230-9700 Fax: +1-818-230-9505
THANK YOU FOR YOUR BUSINESS!
Page 3 of 3 Reg CC Mtg, March 19, 2019, Page # 104
SYSTEM INCLUSION Confidential
Everbridge Mass Notification PRO for State and Local Government
Everbridge Mass Notification PRO allows users to send notifications to individuals or groups using lists, locations, and visual intelligence. Everbridge Mass Notification is supported by state-of-the-art security protocols, an elastic infrastructure, advanced mobility, interactive reporting and analytics, adaptive people and resource mapping to mirror your organization, and true enterprise class data management capabilities to provide a wide array of data management options. Below is a list of key system inclusions with your new Everbridge Mass Notification system.
Usage* Unlimited Domestic Emergency Alerts and Testing Messages Unlimited Domestic Non-Emergency Alerts Messaging *Usage above applies to notifications generated through the Everbridge Manager user interface. Automated notifications are subject to additional fees.
Core Platform Access Unlimited Administrators for web-based portal to initiate messages, reporting, and administration Unlimited Administrators for ManageBridge Application (iOS, Android) and Mobile Optimized Notification Site (for Blackberry, etc.) Three (3) Organization with unlimited nested static and dynamic groups Access to Everbridge Elastic Infrastructure for message delivery Custom branded community opt-in portal with custom fields and opt-in subscriptions Flexible role-based access controls to manage user permissions Access to Real-Time Dashboard, Notifications Library, Everbridge Universe, and Custom Reporting Access to Community Engagement to communicate Via Text, Email, And/Or Voice Messages and provide an easy way for residents to Text Opt-In (text zip-code or a keyword to 888-777) Access to automated severe weather alerting from the National Weather Service via SMARTWeather for 1 (ONE) area no greater than a single County Access to Incident Management to automate incident communication workflows Access to 1 (ONE) dedicated toll free number via Premium Audio Bulletin Board Access to Auto-Translate, Missing Person and 20+ Pre-built Message Guides Key Notification Features Integrated GIS/Map-based, rule-based, group-based, or individual contact selection Ability to send standard, polling, or on-the-fly ‘One-Touch’ Conference Call messages One-screen broadcast creation workflow to speed message creation and reduce human error Everbridge Network to access situational intelligence & notifications shared by other public and private groups Publish notifications directly Facebook and Twitter and Websites and services that support API access via HTTPS using ‘Web Posting’ Publish notifications directly to the Smartphones of residents and employees via Everbridge Mobile Application (fka ContactBridge) Publish approved notifications directly to Google Public Alerts website Access to IPAWS for authorized agencies Contact filtering based on custom criteria and automatic address geo-coding for contacts Map-based drawing and selection tools and imported shape files (e.g. Google Maps, Bing Maps, ESRI) Organization specific customizable caller ID, greetings, and broadcast settings SMPP based SMS text messaging Multi-language Text to Speech Engine and Custom Voice Recording Real-time reporting for improved situational awareness and easier after action analysis 5 Live Operator Message Initiations per year Interactive Dashboard for Organizational Activity Summary Unlimited Notification Templates Self-service Single Contact Record Adjustments, Contact Import via CSV Upload and via Contact API Bulk Contact Management Automation via Secure FTP Everbridge basic conference bridge codes Auto translate, Boil water, Weather alert and 10 pre-built message guides
Set-up, Implementation & Support Up to 10 total hours of a dedicated Implementation Specialist during a Standard Implementation Self Service Administrative Set-up, Configuration and Default Preferences Initial Member Data Upload and Test Broadcast Support Unlimited Access to Everbridge University classes 24x7 Customer Support (phone, web, email) Global Support/Operations Centers for Redundant Live Support
For a full product description, along with best practices and product details please see the Everbridge User Guide and Everbridge University. www.everbridge.com Rev. April 2018 Reg CC Mtg, March 19, 2019, Page # 105