Agenda — Avalon City Council, April 4, 2023

SPECIAL MEETING OF THE AVALON CITY COUNCIL
TUESDAY, APRIL 4, 2023 - 1:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-

35.104 ADA Title I/). All public records relating to an agenda item on this agenda are available for the publi inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Suc records shall be available at City Hall located at 410 Avalon Canyon Rd Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made under AB 361, the CITY OF AVALON'S CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

Council Chambers are open to a maximum 30 members of the general public. Once the Council Chambers reach maximum occupancy, the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to [email protected].

For the public's convenience, but not participation, the meeting can be viewed:

On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon.com/meetings
*Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA

FOR REMOTE PUBLIC PARTICIPATION
1) Join the Meeting via Phone Conference (Voice Only):

Phone Number: (669) 444-9171,
Meeting ID: 871 5330 9908
Passcode: 316680
When you would like to comment during the meeting enter *9 on the phone's key pad to activate the "raise hand" button at the time the Agenda Item is being presented for City Council consideration.

CALL TO ORDER / ROLL CALL

SPECIAL CITY COUNCIL AGENDA
APRIL 4, 2023
PAGE 2

1. Meet and Greet with Assemblymember Josh Lowenthal.

CLOSED SESSION

1. REAL PROPERTY NEGOTIATIONS
Property: 128 Marilla Avenue
Agency Negotiator: City Manager
Negotiating Parties: City Manager and Captains Foundation Under Negotiation: Price and Terms of Payment

PLEDGE OF ALLEGIANCE / INVOCATION

ANNOUNCEMENTS / WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT / CITY ATTORNEY REPORT

COUNCILMEMBER REPORTS / MAYOR REPORT

ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on non- agenda items at this meeting. Speakers should limit comments to two (2) minutes each.

PRESENTATIONS:

1. Eric O'Donnell, Deputy Director of Townsend Public Affairs, will provide a legislative update.

2. Elizabeth Gastelum, Dane Jones, Eduwigis Reyes and Tessa Hernandez of the Tarzana Treatment Center, will provide a presentation identifying the services available to the community. (10 minutes)

CONSENT CALENDAR
Minutes
Although the live recording is the official record of public meetings, actions are prepared for the Council's approval.

Recommended Action
Approve minutes from the March 21, 2023 regular City Council Meeting.

Warrants
Expenditures Submitted for Approval
Warrants in the amount of $524,108.30.

O One payroll in the amount of $215,079.03.

Two electronic fund transfers totaling $40,580.46.

SPECIAL CITY COUNCIL AGENDA
APRIL 4, 2023
PAGE 3
Recommended Action
Approve total expenditures for March 13, 2023 through March 24, 2023 totaling $779,767.79.

Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
As the State of Emergency has ended, the City Council can continue to hold virtual meetings without providing notice of the City Council's teleconference location if the City Council makes the following two findings: 1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and

2. The City Council reconsiders the circumstances of the state of the emergency and danger presented by COVID-19; Having made the findings, the City Council can continue every 30 days to authorize meetings under AB 261 to protect the health or safety of attendees.

Recommended Action
Reconsider the circumstances of COVID-19 state of emergency proclaimed by the Governor and COVID-19's continued impact and determine that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and as such, that continuing to utilize the protections of Assembly Bill 361 will protect the health and safely of attendees.

4. Request for Proposals for Community Income Survey
The City of Avalon actively pursues state and federal grant opportunities to assist with City identified unfunded projects and programs. Many funding agencies utilize US Census income data to determine grant eligibility and funding reimbursement levels. Staff believes the Median Household Income identified by the US Census does not accurately capture the City's true Median Household Income.

Recommended Action
Authorize City Staff to publish a request for proposal (RFP) for consultant services to conduct a Community Income Survey.

Request for Proposals for Professional Audit Services
Staff is requesting permission to issue a RFP to qualified certified public accountant firms to audit its financial statements for the fiscal year ending June 30, 2023, with the option of auditing its financial statements for each of the two (2) subsequent fiscal years, in addition to performing other financial audits and reviews as specified in the RFP.

Recommended Action
Authorize City Staff to solicit requests for proposals (RFP) to provide professional auditing services for the fiscal years ending June 30, 2023 (FY23), 2024 (FY24), and 2025 (FY25).

6. Fourth of July Barge 2023
In order to facilitate the Annual Fourth of July fireworks show, the City must contract a barge. A barge allows the City to maintain the recommended defensible space to mitigate fire danger as well as increases the viewing field.

SPECIAL CITY COUNCIL AGENDA
APRIL 4, 2023
PAGE 4
Recommended Action
Authorize the City Manager or his designee to execute an agreement with Curtin Maritime for barge services during the 2023 Fourth of July City of Avalon fireworks display for a not to exceed $30,000 sum.

Fourth of July Fireworks Vendor
‹, Inc. Is one of the oldest fireworks companie:
in the United States with approximately 141 years in operation and were responsible for Avalon's 2022 firework show.

Recommended Action
Authorize the City Manager or his designee to execute an agreement with Garden State Fireworks, Inc. to provide the firework show on the Fourth of July.

Special Permit - Vending Machine located at 112 Catalina Avenue (Avalon Liquor) February 14, 2023, the City of Avalon received a request from Catalina Liquor to modify its existing business licenses to provide for the delivery of goods, including alcohol products, and the vending of candy, soda, antacids (e.g. Tums), and lighters through the use of a vending machine.

Recommended Action
(1) Authorize the issuance of a special permit to Avalon Liquor to offer a vending machine outside its retail location but within its property line on 112 Catalina Avenue. (2) Delegate authority to the City Manager to approve special permits for amusement, vending, or service machines offered to the public.

GENERAL BUSINESS

9. Guided Golf Cart Tours Discussion
This item appears on the agenda at the request of a member of the City Council. There are currently three guided golf car tour businesses operating in the City of Avalon. These businesses utilize a combination of residential autoettes and commercial autoettes to operate.

Recommended Action
Discuss guided golf cart tours and provide direction to Staff.

10. Capital Improvement Project Discussion
Recommended Action
Hear the presentation from the Finance Director regarding Capital Improvement Projects.

Provide direction to Staff.

SPECIAL CITY COUNCIL AGENDA
APRIL 4, 2023
PAGE 5
PUBLIC HEARING - 5:00 P.M.

11. TDA Article 8 Hearing
The Metropolitan Transit Authority (MTA) is required to hold a public hearing on the community's unmet public transit needs in accordance with the Transportation Development Act (TDA) Article 8. TDA Article 8 funds are currently being used by the City of Avalon to fund Avalon's Consolidated Land Transportation Program which includes DAR and fixed routes.

Recommended Action

1. Open the Public Hearing. 2. Accept comments from the public. 3. Close the Public Hearing.

ADJOURN

NOTICE OF POSTING
1, Devin Elise Hart, declare that the City Council Agenda for Tuesday, April 4, 2023 was posted on Friday, March 31, 2023 on the City's website www.cityofavalon.com, and at City Hall, 410 Avalon Canyon Road.

Hillis Hout
Devin Elise Hart, Management Analyst

CITY OF AVALON CITY COUNCIL
MEETING DATE: April 4, 2023 AGENDA ITEM: _ 1
ORIGINATING DEP: City Clerk CITY MANAGER: DILA
PREPARED BY: Gabrielle Morones, Deputy City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the March 21, 2023 regular City Council Meeting.

REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council's approval.

FISCAL IMPACTS: N/A.

GOAL ALIGNMENT: Not Aligned.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.

FOLLOW UP ACTION: File minutes in the City Clerk's office.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:
• March 21, 2023 Minutes

AVALON CITY COUNCIL MEETING
TUESDAY, MARCH 21, 2023 - 4:00 P.M.

SPECIAL JOINT CITY COUNCIL / PLANNING COMMISSION MEETING WILL FOLLOW AT 5:00 P.M.
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361

MINUTES

PRIOR TO THE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND PLANNING

COMMISSION THERE WILL BE A REGULAR CITY COUNCIL MEETING STARTING AT 4:00 P.M. IN THE CITY COUNCIL CHAMERS.

Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made under AB 361, the CITY OF

AVALON'S CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.

CALL TO ORDER- 4:00 p.m.

ROLL CALL-Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and Management Analyst Devin Hart.

WRITTEN COMMUNICATIONS-City staff received 3 written correspondences via ask.com regarding Item #9. Authorize Emergency Wall Repair Contract for repairs at Crescent Avenue Stairway and 1 written correspondence via ask.com regarding Item #10. Transient Rental Study Session.

ORAL COMMUNICATION- City staff received 3 written communications via ask.com regarding Avalon LASD radio communications, Environmental Justice Inter-Agency Summit from AQMD, and Saving Our Children campaign.

CITY COUNCIL/JOINT PLANNING COMM. MINUTES
MARCH 21, 2023
PAGE 2
PRESENTATION - Eric O'Donnell, Deputy Director of Townsend Public Affairs, did not provide a legislative update. The presentation has been rescheduled for the April 4, 2023 City Council Meeting.

CONSENT CALENDAR-There were 5 Items on the Consent Calendar. Motion to approve Items #1-#5 made by Lisa Lavelle, seconded by Anni Marshall. (All Ayes) Minutes
Approved minutes from the March 7, 2023 regular City Council Meeting.

2. Warrants
Approved warrants in the amount of $740,484.29, one payroll in the amount of $202,782.84 and two electronic fund transfers totaling $84,811.90 for a total of $1,028,079.03 for February 27, 2023 through March 10, 2023.

Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022
Received and filed the Annual Comprehensive Financial Report for the fiscal year ended June 30, 2022.

4. Cybersecurity Policy
Adopted Resolution No. 23-06 of the City Council of the City of Avalon Adopting the Cybersecurity Policy and authorized the City Manager or his designee to amend the plan as necessary.

Award On-Call Planning Consultant Contract
Authorized the City Manager or his designee to contract an on-call Planning Consultant for annual cumulative total not-to-exceed $125,000.00.

GENERAL BUSINESS
Improvements to the Green Pleasure Pier

1.) Authorized the City Manager to award a contract to the most responsive bidder for a not-to-exceed amount of $90,000 to paint the Green Pleasure Pier Harbormaster Building. 2.) Approved a budget amendment of $38,000 to account number 10470-6547
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
CITY COUNCIL/JOINT PLANNING COMM. MINUTES
MARCH 21, 2023
PAGE 3
Phased Procurement for Underground Fuel Tank Replacement Project

1.) Approved of the construction documents for the Underground Fuel Tank Replacement Project. 2.) Authorized the City Manager or his designee to procure the replacement fuel tank and award a contract for a not-to-exceed sum of $200,000 to the most responsive bidder. 3) Authorized the City Manager or his designee to circulate a request for proposals from qualified firms to construct the Motion to alave round by Lala Lavere, Seconde by Mary Schicking (All Ayes)

8. State of Emergency Proclamation for the "2023 Atmospheric River Incidents" Adopted Resolution No. 23-07 of the City Council of the City of Avalon Proclaiming Existence of a Local Emergency.

Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes) Authorize Emergency Wall Repair Contract for repairs at Crescent Avenue (1) Made a finding that emergency measures must be implemented to protect from economic loss of both City property and the adjoining private property, as well as reduce the hazardous conditions from a landslide below the Crescent Avenue Stairway. (2) Made a finding that due to the need to respond with a highly qualified contractor relative to the work scope that public bidding is inefficient with this specific work scope and should be dispensed with. (3) Authorized the City Manager or his designee to negotiate and award a construction contract for a not-to-exceed $300,000 to complete the work.

Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
PRESENTATION-Fire Chief Alegria provided an update on the History of Fire Hazard Severity Zone Maps.

BREAK-5:06 p.m. - 5:13 p.m.

CALL TO ORDER JOINT SESSION OF CITY COUNCIL AND PLANNING

COMMISSION
*** The following General Business item will be the City Council and Planning Commission Joint Meeting ***
CITY COUNCIL/JOINT PLANNING COMM. MINUTES
MARCH 21, 2023
PAGE 4

10. Transient Rental Study Session
Recommended Action
City Council heard the presentation provided by City Staff and directed staff to complete the following action items:
1) Take action on properties that have no business license and/or have not had any active rentals.
2) Require multi-units with Conditional Use Permits to obtain a separate business license for each unit.
3) Update business license information to identify transient rental 24-hr. enforcement contact. The 24-hr. enforcement contact will be required to have a business license.
4) Business license numbers will be posted on the City of Avalon website to improve enforcement.
5) Provide percentage of rentals against the housing stock. 6) Inquire about adding a development fee for workforce housing into all business licenses.
7) Renewal fee structure.

Mayor Marshall adjourned the meeting at 6:44 p.m.
1, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the Regular City Council Meeting on March 21, 2023, is the official record of the Council Meeting and is on file and maintained in City Hall.

Babille Merres
Gabrielle Morones, Deputy City Clerk / Sr. Administrative Assistant

CITY OF AVALON CITY COUNCIL
MEETING DATE: April 4, 2023 AGENDA ITEM: 2
ORIGINATING DEP: Finance CITY MANAGER: DMM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for March 13, 2023 through March 24, 2023 totaling $779,767.79.

REPORT SUMMARY: These disbursements through March 24'h are comprised of warrants totaling $524,108.30, one payroll totaling $215,079.03, and other electronic fund transfers totaling $40,580.46.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 35718 - 35791 524,108.30 03/24/23 PAYROLL 215,079.03 03/24/23
EFT - CALPERS RETIREMENT 37,465.88 03/13/23
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 3,114.58 03/24/23 TOTAL DISBURSEMENTS 779,767.79
GOAL ALIGNMENT: Ongoing meeting of City obligations.

FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY22-23 Budget.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Audit Certificate, Warrant List, US Bank Credit Card Detail

CITY OF AVALON
MARCH 13, 2023 - MARCH 24, 2023 DISBURSEMENTS
April 4, 2023

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 35718 - 35791 $ $24,108.30 03/24/23 PAYROLL 215,079.03 03/24/23
EFT - CALPERS RETIREMENT 37,465.88 03/13/23
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 3,114.58 03/24/23 TOTAL DISBURSEMENTS S 779,767.79

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.

APPROVED AND AUDITED THIS
4TH DAY OF APRIL 2023 I CERTIFY UNDER PENALTY OF PERJURY

THAT THE FOREGOING IS TRUE AND
CORRECT.

AUDIT COMMITTEE - LISA LAVELLE EXECUTED THIS 4TH DAY OF APRIL 2023

AUDIT COMMITTEE - MARY SCHICKLING FINANCE DIRECTOR - MATTHEW BAKER

CITY OF AVALON
MARCH 10, 2023 - MARCH 24, 2023 DISBURSEMENTS
April 4, 2023

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
35668 03/13/2023 (1,317.82) BOYD, RAY VOID - ENTRY ERROR 35718 03/17/2023 85.70 AIR SOURCE INDUSTRIES SUPPLIES - FIRE 35719 03/17/2023 110.99 ALEGRIA, MICHAEL REIMB O/P COSTS 35720 03/17/2023 865.46 ALL STAR FIRE EQUIPMENT, INC SUPPLIES - FIRE 35721 03/17/2023 7,993.36 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPTS 35722 03/17/2023 3,049.72 AMAZON CAPITAL SERVICES, INC. SUPPLIES - ALL DEPTS 35723 03/17/2023 2,600.00 AMERGENT TECHS, INC TRAINING - HARBOR 35724 03/17/2023 1,383.44 AT & T COMMUNICATIONS - ALL DEPARTMENTS 35725 03/17/2023 43,247.38 AVALON BOAT STAND SUPPLIES - HARBOR 35726 03/17/2023 151,612.48 AVALON ENVIRONMENTAL SVCS CONTRACT SERVICES, SWEEPER - 02/2023 35727 03/17/2023 35.08 AVALON FREIGHT SERVICES, LLC FREIGHT - ALL DEPARTMENTS 35728 03/17/2023 12,881.85 BEST, BEST & KRIEGER, LLP LEGAL FEES - 03/2022, 02/2023 35729 03/17/2023 2,212.50 BEYOND SOFTWARE SOLUTIONS CONTRACT SERVICES - IT 35730 03/17/2023 1,031.20 BOYD, RAY REIMB - O/P COSTS
35731 03/17/2023 631.80 BROWN, MARISA RETIREE INSURANCE - 03/2023 35732 03/17/2023 152.31 BUTTE, JAMES REIMB O/P COSTS
35733 03/17/2023 704.00 CAFE METROPOLE SENIOR MEALS - 02/2023, SERVICE - RECREATION 35734 03/17/2023 451.00 CANBY, CLAUDIA SERVICE - VEHICLES/HARBOR 35735 03/17/2023 568.51 CATALINA BEVERAGE CO SUPPLIES - ALL DEPARTMENTS 35736 03/17/2023 6,780.00 CATALINA BOATYARD INC SERVICE - HARBOR 35737 03/17/2023 122.63 CATALINA BROADBAND SOLUTIONS SERVICE - FIRE 35738 03/17/2023 45,201.80 CATALINA EXPRESS 2ND HALF 02/2023, TRAVEL - CITY COUNCIL/SHERIFFS 35739 03/17/2023 10,500.00 LONG, DAVID CONTRACT SERVICES - CDO 35740 03/17/2023 8,687.00 CATALINA ISLAND COMPANY RENT - 03/2023 35741 03/17/2023 80,118.22 CATALINA ISLAND MEDICAL CENTER SALES TAX PASS THRU 35742 03/17/2023 337.00 CATALINA PEST CONTROL SERVICE - HARBOR 35743 03/17/2023 4,500.00 CIVICPLUS, LLC SERVICE - ADMINISTRATION 35744 03/17/2023 835.09 COOK, AMANDA RETIREE INSURANCE - 03/2023 35745 03/17/2023 5,479.32 CREATIVE SIGN, INC. SUPPLIES - VEHICLES 35746 03/17/2023 930.56 DANGELO CO SUPPLIES - PUBLIC WORKS 35747 03/17/2023 15,000.00 FIFTH ASSET, INC. SERVICE - FINANCE 35748 03/17/2023 60.00 DEWEY PEST CONTROL SERVICE - HARBOR 35749 03/17/2023 537.27 DION & SONS MARINE FUELS INC FUEL - HARBOR 35750 03/19/2023 EDISON VOID - MULTI STUB CHECK
35751 03/17/2023 30,276.40 EDISON UTILITIES - ALL DEPARTMENTS 35752 03/17/2023 4,403.28 ESG ENGINEERING SERVICE - PUBLIC WORKS 35753 03/17/2023 510.00 ESG ENGINEERING SERVICE - PUBLIC WORKS 35754 03/17/2023 7,137.18 ESG ENGINEERING SERVICE - PUBLIC WORKS 35755 03/17/2023 500.00 ESG ENGINEERING SERVICE - PUBLIC WORKS 35756 03/17/2023 540.00 ESG ENGINEERING SERVICE - PUBLIC WORKS 35757 03/17/2023 3,123.48 ESG ENGINEERING SERVICE - PUBLIC WORKS 35758 03/17/2023 5,474.00 ESG ENGINEERING SERVICE - PUBLIC WORKS 35759 03/17/2023 180.00 ESG ENGINEERING SERVICE - PUBLIC WORKS 35760 03/17/2023 48.99 GONZALES, ALIANA REIMB O/P COSTS 35761 03/17/2023 108.12 GRAINGER SUPPLIES - PUBLIC WORKS/HARBOR 35762 03/17/2023 588.89 HOME DEPOT CREDIT SERVICES SUPPLIES - PUBLIC WORKS 35763 03/17/2023 5,273.60 IMAGE TREND, INC. SOFTWARE LEASE - FIRE 35764 03/17/2023 255.25 JORDAHL CONSTRUCTION SUPPLIES - PUBLIC WORK, HHW DISPOSAL

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CITY OF AVALON
MARCH 10, 2023 - MARCH 24, 2023 DISBURSEMENTS
April 4, 2023

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
35765 03/17/2023 253.54 LLEWELLYN SUPPLY CO. SUPPLIES - HARBOR 35766 03/17/2023 134.02 LONG, DAVID REIMB O/P COSTS
35767 03/17/2023 1,255.97 MATTHEWS INTERNATIONAL CORPORATION SUPPLIES - CEMETERY 35768 03/17/2023 200.00 MCALEAVY, MICHAEL REFUND - CEMETERY 35769 03/17/2023 4,773.82 MCMASTER-CARR SUPPLIES - HARBOR 35770 03/17/2023 38.38 MINUTO, PHILIP REIMB O/P COSTS
35771 03/17/2023 234.00 SANCHEZ, TIMOTHY EMPLOYEE SCREENING 35772 03/17/2023 4,320.73 POLYDYNE, INC. SUPPLIES - WWTP 35773 03/17/2023 1,768.36 QUILL CORP SUPPLIES - ALL DEPARTMENTS 35774 03/17/2023 20.57 RICOH USA, INC. COPIER LEASE - PLANNING 35775 03/17/2023 3,554.38 SUPERION, ULC SOFTWARE LEASE - FINANCE 35776 03/17/2023 1,260.75 TARGET SOLUTIONS LEARNING, LLO TRAINING - FIRE 35777 03/17/2023 5,000.00 TOWNSEND PUBLIC AFFAIRS, INC SERVICE - ADMINISTRATION 35778 03/17/2023 963.49 ULINE SUPPLIES - HARBOR
35779 03/17/2023 27.50 UNDERGROUND SERVICE ALERT/SC SERVICE - PUBLIC WORKS 35780 03/17/2023 9,070.52 CORPORATE PAYMENT SYSTEMS SEE ATTACHED DETAIL 35781 03/17/2023 1,716.81 VERIZON WIRELESS COMMUNICATIONS - ALL DEPARTMENTS 35782 03/17/2023 92.36 WEST MARINE PRO SUPPLIES - HARBOR 35783 03/17/2023 1,952.50 WITTMAN ENTERPRISES, LLC SERVICE - FINANCE 35784 03/17/2023 20,187.75 W-TRANS SERVICE - PLANNING
35785 03/17/2023 785.81 AMAZON CAPITAL SERVICES, INC SUPPLIES - ALL DEPARTMENTS 35786 3/24/2023 57.00 REGISTRAR-RECORDER/COUNTY CLERK CERTIFIFED RECORDING 35787 3/24/2023 147.00 REGISTRAR-RECORDER/COUNTY CLERK DEED REST RECORDING 35788 3/24/2023 81.00 REGISTRAR-RECORDER/COUNTY CLERK CERTIFIFED RECORDING 35789 3/24/2023 171.00 REGISTRAR-RECORDER/COUNTY CLERK DEED REST RECORDING 35790 3/24/2023 72.00 REGISTRAR-RECORDER/COUNTY CLERK CERTIFIFED RECORDING 35791 3/24/2023 162.00 REGISTRAR-RECORDER/COUNTY CLERK DEED REST RECORDING 524,108.30

Page 2 of 2 ends

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID MARCH 17, 2023
April 4, 2023

LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT CARSTARPHEN 1/18/2023 12.09 VONS CLEANING SUPPLIES HARBOR CARSTARPHEN 1/19/2023 125.00 CALIFORNIA CLEATS ANNUAL MEMBERSHIP HARBOR CARSTARPHEN 1/26/2023 142.80 PYI INC. PUMP OUT FLOAT MAINTENANCE HARBOR CARSTARPHEN 1/26/2023 563.21 BOATOUTFITTERS PUMP OUT FLOAT MAINTENANCE HARBOR CARSTARPHEN 1/30/2023 3.99 WEATHERFLOW WEATHER APP SUBSCRIPTION HARBOR CARSTARPHEN 2/1/2023 3,521.32 HARRY'S MARINE BOAT MAINTENANCE HARBOR CARSTARPHEN 2/6/2023 500.00 DATATEL COMMUNICATIONS PAYMENT SERVICE HARBOR CARSTARPHEN 2/13/2023 4, 169.14 HARRY'S MARINE BOAT MAINTENANCE HARBOR CARSTARPHEN 2/13/2023 32.97 HARRY'S MARINE BOAT MAINTENANCE HARBOR $ 9,070.52 CHECK 35780

Page 1 of 1 ends

CITY OF AVALON CITY COUNCIL
3 MEETING DATE: April 4, 2023 AGENDA ITEM:

ORIGINATING DEP: City Attorney CITY MANAGER: DAL
PREPARED BY: Scott Campbell, City Attorney
SUBJECT: Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
RECOMMENDED ACTIONS): Reconsider the circumstances of COVID-19 state of emergency proclaimed by the Governor and COVID-19's continued impact and determine that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and as such, that continuing to utilize the protections of Assembly Bill 361 will protect the health and safely of attendees.

REPORT SUMMARY: Traditionally, the Brown Act allows for teleconference or virtual meetings, provided that the physical locations of the legislative body's members joining by teleconference are posted on the agenda, that those locations are open to the public and that a quorum of the members is located within its jurisdiction. AB 361 provides an exception to these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.

Since March of 2020 and the issuance of Governor Newsom's Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, the City Council has had virtual meetings without having to post the location of the legislative body members attending virtually.

Most public agencies have been holding public meetings using virtual platforms since this time.

In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EO N-29-20 would sunset on September 30, 2021.

On September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances without the posting of the agenda from each location a legislative body member is attending. Governor Newsom signed the bill into law on September 16, 2021. Because it contained an urgency provision, it took immediate effect.

Specific Findings Required under AB 361
As the State of Emergency has ended, the City Council can continue to hold virtual meetings without providing notice of the City Council's teleconference location if the City Council makes the following two findings:

1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and

2. The City Council reconsiders the circumstances of the state of the emergency and danger presented by COVID-19;
65059.000001345204811
Having made the findings, the City Council can continue every 30 days to authorize meetings under AB 261 to protect the health or safety of attendees.

COVID-19 continues to present an imminent threat to the health or safety of members of the public. Although vaccines are now widely available, many people in the State and County are still not fully vaccinated and remain susceptible to infection. The disease can still spread rapidly through person-to-person contact and those in close proximity. During the week of March 27, 2023, there were over 400 hospitalized COVID-19 patients in Los Angeles County and COVID- 19 deaths in the County were still occurring. While the County of Los Angeles' COVID-19 emergency declaration ended on March 31, 2023, Cal/OHSA has implemented COVID-19 Prevention Non-Emergency Regulations that will remain in effect until February 3, 2025. The City's economy is dependent upon visitors to the island, the presence of which, increases the likelihood of transmission of the disease. Also, having members of the public attend council meetings at locations where council members are in attendance due to their desire to avoid exposure to COVID-19 poses a risk to the health or safety of attendees.

Re-Authorization is Required Within 30 Days
The City Council made the required findings at its March 7, 2023 City Council meeting. Consistent with the provisions of AB 361, the new findings must be made every 30 days. Thus, if the City Council desires to continue to meet remotely without having to post the location of each teleconference location, the City Council reconsider the facts of the state of emergency and continued impact of COVID-19, find that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and therefore, that remote meetings under AB 361 should continue in order to protect the health or safety of attendees.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council will have to follow the Brown Act provisions that existed prior to the COVID-19 pandemic.

FOLLOW UP ACTION: That the City Council make the findings under AB 361 at its May 2, 2023 City Council meeting.

GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS: None.
65059.00000134520481.1

CITY OF AVALON CITY COUNCIL
MEETING DATE: April 4, 2023 AGENDA ITEM: 4
ORIGINATING DEP: Administration CITY MANAGER: DAM
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Request for Proposal for Community Income Survey RECOMMENDED ACTION(S): Authorize City Staff to publish a request for proposal (RFP) for consultant services to conduct a Community Income Survey.

REPORT SUMMARY: The City of Avalon actively pursues state and federal grant opportunities to assist with City identified unfunded projects and programs. Many funding agencies utilize US Census income data to determine grant eligibility and funding reimbursement levels.

The current City of Avalon Median Household Income (MHI), per the 2021 US Census American Community Survey 5-Year Estimates, is $77,644 (+/- $18,531). Staff believes this does not accurately capture the City of Avalon's true MHI.

The most recent City of Avalon Community Income Survey was completed by a City consultant in 2016. The final results and report were presented at the October 4, 2016 City Council Meeting (reference page 41). The survey is now out of date. Staff recommends to complete a new survey for 2023 to better capture the City's MHI for future grant applications and funding considerations.

If approved, City staff will publish a standard template RFP on Wednesday, April 5, 2023 with a tentative closing date of May 17, 2023. Received proposals will be reviewed by a panel, the top scoring consultants invited to present, and a recommendation to City Council for a tentative award on July 18, 2023 (after adoption of the FY23/24 budget).

FISCAL IMPACTS:

1. An updated Community Income Survey will assist City staff in applying for and being considered for a broader range of funding and grant opportunities.

2. Staff will submit a funding request of $30,000 to hire a consultant to complete the survey within the proposed FY23/24 operating budget.

GOAL ALIGNMENT: Grant Funding Opportunities
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Future grant funding eligibility and reimbursement levels will be based on the 2021 US Census American Community Survey data.

FOLLOW UP ACTION: Publish a Community Income Survey RFP and complete the City procurement process.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:

None.

CITY OF AVALON CITY COUNCIL
MEETING DATE: April 4, 2023 AGENDA ITEM: 5
ORIGINATING DEP: Finance CITY MANAGER: AMK
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Request for Proposals for Professional Audit Services RECOMMENDED ACTION(S): Authorize City Staff to solicit requests for proposals (RFP) to provide professional auditing services for the fiscal years ending June 30, 2023 (FY23), 2024 (FY24), and 2025 (FY25).

REPORT SUMMARY: On April 16, 2013 the City Council entered into a professional services contract with Mayer Hoffman McCann P.C. (MHM) to perform auditing services for three years ending in 2014, with an option for an additional two year extension. On June 30, 2015, Davis Farr LLP acquired the California local government audit practice from MHM. City Council exercised its option to extend its engagement with Davis Farr LLP for the two additional fiscal years (FY15 and FY16).

On July 18, 2017, the City Council authorized a RFP to solicit services for qualified certified public accountants to enter into a three (3) year agreement to provide professional auditing services to the City. Two firms responded to the RFP. On October 3, 2017, City Council awarded Davis Farr a one year professional services agreement to conduct the audit for the fiscal year ended June 30, 2017 (FY17). On February 19, 2019, the City Council authorized extending the professional services agreement with Davis Farr LLP to conduct the FY18 audit and authorized City Staff to solicit a RFP for FY19, FY20, and FY21. Due to the timing of the completion of the FY18 audit and the desire to reestablish an attainable, consistent reporting schedule, the City extended the professional services agreement with Davis Farr to conduct their Services for the lhal yed set ting in a 02020 (Fp20). Sane 30. 2021 (Fe, ana June 30, 2022 (FY22).

Finance issued a RFP on May 12, 2020 and received twelve (12) proposals from firms meeting the mandatory elements outlined in the RFP, with bid amounts ranging from $40,000 to $62,000. Proposals were reviewed by the Finance Director, Assistant City Manager, and City Manager, as outlined in the RFP. Davis Farr LLP was awarded the RFP at a not to exceed amount of $41,750 with the option to contract with Davis Farr LLP for the subsequent two fiscal years (FY21 and FY22).

Staff is requesting permission to issue a RFP to qualified certified public accountant firms to audit its financial statements for the fiscal year ending June 30, 2023, with the option of auditing its financial statements for each of the two (2) subsequent fiscal years, in addition to performing other financial audits and reviews as specified in the RFP.

The proposed timeline for issuing and awarding the RFP is as follows:

Date Activity
April 4, 2023 Request for Proposal Approved
April 5, 2023 Request for Proposal Issued
April 21, 2023 Requests for Additional Information / Inquiries Due April 28 3, 2023 City Response to Inquiries Published
May 5, 2023 Due Date for Proposals (due by 5:00 PM)
May 8-12, 2023* Oral Interviews (conducted at City's discretion) May 16, 2023* Contract Awarded by City Council
*Subject to change
GOAL ALIGNMENT: Fiscal responsibility.

FISCAL IMPACTS: Audit fees will be included in the upcoming budget under accounts 10135- 5010 and 13625-5010.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Noncompliance with bond covenants, grants, and government regulations.

FOLLOW UP ACTION: Issue RFP
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Request for Proposal, Sample Agreement for Consultant Services

CITY OF AVALON
Request for Proposals for:

Professional Auditing Services
RELEASE DATE: April 5, 2023
INQUIRY DEADLINE: 5PM on Friday, April 21, 2023
RESPONSE DUE: 5PM on Friday, May 5, 2023

CITY OF AVALON
Request for Professional Auditing Services

1. INTRODUCTION
A. General Information
The City of Avalon is requesting proposals from qualified certified public accountant firms to audit its financial statements for the fiscal year ending June 30, 2023, with the option of auditing its financial statements for each of the two (2) subsequent fiscal years, in addition to performing other financial audits and reviews as specified below. These audits are to be done in accordance with auditing standards generally accepted in the United States of America, the standards set forth for financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal Awards.

There is no expressed or implied obligation for the City of Avalon to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt.

If your firm would like to consider this engagement, we invite your response due no later than 5:00 P.M., May 5, 2023.

Additional information may be obtained by contacting:

Matthew Baker, Finance Director
Phone: 310-510-0220 extension 170
Email: [email protected]
Proposers must submit Technical Proposal and Sealed Cost Proposal by 5:00 P.M., May 5, 2023, three (3) bound copies of their proposals to the following mailing address with one electronic flash drive copy enclosed of their proposals to the following address:

City of Avalon
Attn: Matthew Baker, Finance Director
P.O. Box 707
Avalon, CA 90704
The City reserves the right to reject any or all proposals submitted. During the evaluation process, the City of Avalon reserves the right, where it may serve the City's best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City of Avalon, 2 CITY OF AVALON
Request for Professional Auditing Services
firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

The City reserves the right to retain all proposals submitted and to use any idea(s) in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Avalon and the firm selected.

The selection of a firm may include an interview process. It is anticipated the selection of a firm will be completed by May 19, 2023. Following the notification of the selected firm, a recommendation and proposed contract will be prepared for review and approval by the City Council at its May 23, 2023 meeting. The City reserves the right to reject any or all proposals, to waive any non-material irregularities or information in any proposal, and to accept or reject any items or combination of items.

B. Term of Engagement
It is the intent of the City to contract for the services presented herein for a term of one (1) year. The City of Avalon reserves the right to extend the term of this contract for two (2) additional one-year terms subject to the satisfactory negotiation of terms, including a price acceptable to both the City and the selected firm.

C. Subcontracting
Should any firm submitting a proposal consider subcontracting portions of the engagement, that fact must be clearly identified in the proposal along with the name of the proposed subcontracting firms). Following the award of the audit contract, no additional subcontracting will be allowed without the express written consent of the City Manager of the City of Avalon.

The proposal package shall present all-inclusive audit fees for each year of the contract term.

II. NATURE OF SERVICES REQUIRED
A. Scope of Work to be Performed
The City of Avalon desires to provide the public and our constituents with financial statements that give complete, accurate and understandable information about the financial condition of the City. The selected independent auditor will be required to perform the following tasks:
3 CITY OF AVALON
Request for Professional Auditing Services

1. The audit firm will perform an audit of all funds of the City of Avalon. The audit will be conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller of the United States. The City's Annual Comprehensive Financial Report (ACFR) will be prepared and word processed by the audit firm. The ACFR will be in full compliance with all GASB statements. The audit firm will render their auditors' report on the basic financial statements which will include both Government-Wide Financial Statements and Fund Financial Statements. The audit firm will also apply limited audit procedures to Management's Discussion and Analysis (MD&A) and required supplementary information pertaining to the General Fund and each major fund of the City.

2. The audit firm shall issue a separate report on internal controls over compliance and other matters based on an audit of the financial statements performed in accordance with Government Auditing Standards.

3. The audit firm shall issue reports to and communication with those charged with governance, as required by auditing standards.

4. The audit firm shall issue a separate management letter that includes recommendations and disclosures of material and non-material weakness for improvements in the City's financial operations.

5. The audit firm will perform the Single Audit (if applicable) on the expenditures of federal grants in accordance with OMB Circular A-133 and render the appropriate audit reports on Internal Control over Financial Reporting based upon the audit of the City's financial statements in accordance with Government Auditing Standards and the appropriate reports on compliance with Requirements Applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards. The single audit report will include an appropriate schedule of expenditures of federal awards, footnotes, findings and questioned costs, including reportable conditions and material weaknesses, and follow up on prior audit findings where required.

6. The audit firm shall perform agreed-upon auditing procedures pertaining to the City's GANN Limit (Appropriations Limit) and render a report annually to the City regarding compliance.

7. The audit firm shall prepare the Annual State Controller's Financial Transaction Report for the City of Avalon in the requested format by the State Controller's Office. A draft of the report should be provided to City staff by January 15 each year, for review before final submission. 4 CITY OF AVALON
Request for Professional Auditing Services

8. The audit firm shall issue any other reports that may become required as a result of a change in accounting standards or new pronouncements that become effective during the term of the engagement.

B. Auditing Standards to be Followed:

To meet the requirements of this Request for Proposal, the audit shall be performed in accordance with:

1. Generally accepted auditing standards as set forth by the American Institute of Certified Public Accounts;

2. The standards for financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States;

3. The provisions of the Single Audit Act; and

4. The provisions of the U.S. Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations.

C. Working Paper Retention
All working papers and reports must be retained at the auditor's expense for a minimum of five (5) years, unless the firm is notified in writing by the City of Avalon of the need to extend the retention period. The auditor will be required to make working papers available to the City of Avalon or any government agencies included in the audit of federal grants. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.

D. Irregularities and illegal Acts
Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: City Manager; City Attorney; and the Finance Director/Treasurer.

III. DESCRIPTION OF THE GOVERNMENT
A. Background Information
The City of Avalon is a tourism-driven, harbor community located on Santa Catalina Island in the Channel Islands, approximately twenty-two miles off the coast of Southern California. The City's jurisdictional boundaries cover a 2.8 5 CITY OF AVALON
Request for Professional Auditing Services
square mile area on the southeast end of the island around Avalon Bay. The City serves a population of approximately 3,800 residents and welcomes over one million visitors each year through its picturesque harbor.

The City, incorporated in 1913, is a general law city that operates under the Council-Manager form of government. Policy-making and legislative authority are vested in the City Council, consisting of the mayor and four council members, all of whom are elected at large. The Mayor is elected for a two-year term and council members are elected to serve four-year terms, with two members elected every two years. The City Council appoints the City Manager, who is responsible for implementing policies and ordinances approved by the City Council and overseeing the day-to-day operations of the City. The City Council also appoints the City Attorney and City Clerk.

She C. co a ted thrice city he Los Angelie caunto series Departinent, bie protection, planning and zoning, building inspections, recreation and other community services, and the maintenance and improvements of streets and other infrastructure. The City is also responsible for various enterprise funds providing sewer, saltwater, and solid waste services, as well as harbor operations, to its users.

The City of Avalon's Adopted Fiscal Year 2022-2023 Operating and Capital Budget is $31.2 with estimated revenues of $30.7 million for all funds and includes 72.8 full-time equivalent employees.

B. Fund Structure
The City uses the following fund types and account groups in its financial reporting:

Fund Type / Account Group Number of Individual Funds
General Fund 6
Special Revenue Funds 8
Enterprise Funds
Harbor Fund 3
Sewer Fund 3
Saltwater Fund
Solid Waste Fund
Avalon Transit Fund
Internal Service Funds 3
Private Purpose Trust Fund 1
Copies of the City's recent audited financial statements and budgets are available online on the City of Avalon's website: www.cityofavalon.com 6 CITY OF AVALON
Request for Professional Auditing Services
C. Financial Software
The City accounting functions utilize CentralSquare FinancePlus module for general ledger and accounts payable, CentralSquare e CommunityPlus module for cashiering and business licensing, and SentricHR for payroll and human resources. The City has not made any changes to its accounting system in the past year.

D. Pension Plans
The City of Avalon participates in the California Public Employees' Retirement System (CalPERS), an agent multiple-employer public employee retirement system that acts as a common investment and administration agent for the participating public entities within the State of California.

E. Staffing and Operations
The Finance Department consists of the Finance Director, a Senior Accountant (currently vacant), and three Account Technicians responsible for accounts payable, cash receipting, and payroll. The City Manager joined the City of Avalon in January 2022 after the retirement of the former City Manager. The City also hired a new Assistant City Manager in March 2023. The Finance Director has been in the position with the City since May 2019. There have been no significant changes to operations or funding sources in the current fiscal year.

F. Additional Information
Davis Farr LLP have performed the annual financial statement audit since Fiscal Year 2014-15. The City last issued and awarded an RFP for audit services in 2020.

The prior auditor will be invited to bid. The prior year audit fees were for a not to exceed amount of $44,293, which included the Financial Statement Audit and Related Reports, Report on City's GANN Appropriations Limit, Single Audit, and State Controller's Office Financial Transaction Report.

The City is open to the audit being performed remotely to the extent that it is feasible. The City provides an export of the trial balance and general ledger in Excel. Prepared by Client (PBC) files are also provided electronically prior to the start of onsite fieldwork. Warrants and support for tax receipts are kept in hard- copy at City Hall; however, the Finance Department has made electronic copies available on-request to reduce on-site fieldwork.

The City completed a Single Audit for the fiscal year ended June 30, 2022 which is available on its website for review. The City does not anticipate federal expenditures in excess of $750,000 during the current fiscal year ending June 30, 2023; however, the City anticipates exceeding the expenditure threshold for the 7 CITY OF AVALON
Request for Professional Auditing Services
fiscal years ending June 30, 2024 and June 30, 2025. Major projects funded by the Federal Transit Administration include the construction of a new terry terminal at the Cabrillo Mole and the riprap revetment and roadway repairs along Pebbly Beach Road. Other capital projects with federal funding include accessibility improvements to streets and sidewalks utilizing Community Development Block Grant funds.

IV. TIME REQUIREMENTS
A. Proposal Calendar
The following is a list of key dates up to, and including, the date proposals are to be submitted:

Date Activity
April 5, 2023 Request for Proposal Issued
April 21, 2023 Requests for Additional Information / Inquiries Due April 28, 2023 City Response to Inquiries Published
May 5, 2023 Due Date for Proposals (due by 5:00 PM)
May 8-12, 2023* Oral Interviews (conducted at City's discretion) May 16, 2023* Contract Awarded by City Council
* Subject to change
B. Date Audit May Commence
Audit planning, including all necessary planning for the documentation of systems, review of internal control and compliance, and transaction testing should be completed during interim stage. It is expected the City will close its books and be ready for the final audit field work by the end of September 2023.

C. Date Reports Due
The auditor shall provide all drafts and recommendations for improvements to the Finance Director within a reasonable time period after the last day of field work.

The auditor will be available for any meetings that may be necessary to discuss the draft audit reports. Once all issues are resolved, the completed Annual Comprehensive Financial Report, Independent Auditor's Reports, Single Audit report and other reports shall be delivered to the Finance Director. It is anticipated that this process will be completed and the final products delivered by December 31st of each year.

D. Report Preparation
8 CITY OF AVALON
Request for Professional Auditing Services
Report preparation and editing shall be the responsibility of the auditor. The City requires one electronic copy of each report and ten (10) bound copies of the ACFR.

ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT

PREPARATION
The Finance Department staff will be available during the audit to assist the firm by providing information, documentation, and explanations. Matthew Baker, Finance Director, will be responsible for acting as the liaison between the audit firm and City personnel.

1. City Staft will prepare the final closing of the accounting ledgers. The City will provide the auditor with a rial Balance by Fund and all of the accounting transaction detail necessary to perform the audit.

2. City Staff will generate the necessary confirmation letters for the auditor.

3. City Staff will assist with the preparation of the Notes Disclosures for the financial statements and required supplementary schedules.

4. City Staff will prepare the Statistical Section of the ACFR Document, but the auditor will be required to confirm that these schedules are adequate to meet GOA Reporting Standards.

5. The City will provide the auditor with reasonable workspace, and access to a telephone line, photocopier, and Internet access for field work at City Hall.

VI. PROPOSAL REQUIREMENTS
A. General Requirements

1. Inquiries concerning the Request for Proposal and the subject of the Request for Proposal must be made to:

City of Avalon
Attn: Matthew Baker, Finance Director
P.O. Box 707
Avalon, CA 90704
[email protected]

2. Submission of Technical Proposal and Sealed Cost Proposal. Three (3) copies of the Proposals with one electronic flash drive copy enclosed shall be received in the Avalon City Hall by 5:00 p.m. on May 5, 2023 for a proposal to be considered. The Proposal should address the items listed in sections C and D below.
9 CITY OF AVALON
Request for Professional Auditing Services
The Proposal should be addressed as follows:

City of Avalon
Attn: Matthew Baker, Finance Director
P.O. Box 707
Avalon, CA 90704
B. Format for Technical Proposal

1. Title Page showing the request for proposals subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal.

2. Table of Contents identifying the materials submitted by section and page number. Cross-referencing to section and page number in the RFP would be helpful.

3. Signed Transmittal Letter briefly stating the Proposer's a) Understanding of the work to be done;
b) Commitment to perform the work within the time period; c) Use and compliance with the terms and conditions of the City's standard Professional Services Agreement as provided in Attachment A of this RFP; and
d) Name of the person(s) authorized to represent the Proposer, title, address, and telephone number.

4. Detailed Proposal following the order set forth in Section C below.

C. Contents of Technical Proposal
The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firm seeking to undertake an independent audit of the City in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than the form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements.

The Technical Proposal should address all points outlined in the request for proposals (excluding any cost information which should only be included in the Sealed Dollar Cost Bid). The proposal should be prepared simply and 10 CITY OF AVALON
Request for Professional Auditing Services
economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of this request for proposal. While additional data may be presented, the following subjects must be included. They represent the criteria against which the proposal will be evaluated.

1. License to Practice in California
An affirmative statement should be included verifying the firm and all assigned key professional staff are properly licensed to practice in California.

2. Independence
The firm should provide an affirmative statement that it is independent of the City of Avalon as defined by auditing standards generally accepted in the United States of America and the General Accounting Office's Government Auditing Standards.

3. Firm Qualifications and Experience
To qualify, the firm must have extensive experience in audits of local governments as well as experience with preparation of Annual Comprehensive Financial Statements. The Proposer should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed, and the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part-time basis. Staff consistency is an important consideration.

The Proposer should provide the range of activities performed by the local office, e.g., audit, accounting, tax service and/or management consulting services.

The Proposer must provide a list of all current municipal clients.

The Proposer is also required to submit a copy of a report on its most recent external quality control review (peer review), with a statement whether that quality control review included a review of specific government engagements (required by Government Audit Standards (1994).

The Proposer shall also provide information on the results of any Federal or State desk reviews or field reviews of its audits during the past three (3) years. In addition, the Proposer shall provide information on the circumstances and status of any disciplinary action taken or pending against 11 CITY OF AVALON
Request for Professional Auditing Services
the firm during the past three (3) years with State regulatory bodies or professional organizations.

If the proposer will be subcontracting any portion of the audit to another individual or firm, the proposal must include a list of all subcontractors to be used in conjunction with a list of the subcontractors' qualifications. No substitutions of subcontractors may be made without prior written consent of the City of Avalon.

4. Partner, Supervisory, and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists who would be assigned to this engagement. Include resumes, indicating whether each such person is registered or licensed to practice as a certified public account in California. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past (3) three years and membership in professional organizations relevant to the performance of this audit.

Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the term of the agreement will be assured.

Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City. However, in either case, the City retains the right to approve or reject replacements.

Other audit personnel may be changed at the discretion of the Proposer provided that replacements have substantially the same or better qualifications or experience.

5. Similar Engagements with Other Government Entities
For the firm's office that will be assigned responsibility for the audit, list the most significant engagements (maximum - 5) performed in the last three (3) years that are similar to the engagement described in this request for proposals. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. 12 CITY OF AVALON
Request for Professional Auditing Services
Please provide a list of not less than five client references for which services similar to those outlined in the RFP are currently being provided. For each reference listed, provide the name of the organization, dates for which the service(s) are being provided, type of service(s) being provided and the name, address and telephone number of the responsible person within the reference's organization. The City reserves the right to contact any or all of the listed references regarding the audit services performed by the Proposer.

6. Specific Audit Approach
The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in Section II of this request for proposals. In developing the work plan, reference should be made to such sources of information as City of Avalon's budget and related materials, organizational charts, manuals, programs, and financial and other management information systems.

Proposers will be required to provide the following information on their audit approach:
a) Proposed segmentation for the engagement;
b) Level of staff and number of hours to be assigned to each proposed segment of the engagement;
c) Sample size and the extent to which statistical sampling is to be used in this engagement;
d) Extent of use of EDP software in this engagement;
e) Type and extent of analytical procedures to be used in this engagement;
f) Approach to be taken to gain and document an understanding of the City's internal control structure;
g) Approach to be taken in determining laws and regulations that will be subject to audit test work;
h) Approach to be taken in drawing audit samples for purposes of tests of compliance; and
i) Provided By Client (PBC) List
13 CITY OF AVALON
Request for Professional Auditing Services
The proposal shall include a list of standard client-prepared audit schedules the firm anticipates City Staff will provide as audit support.

7. Discussion of Relevant Accounting Issues
The proposal shall identify and describe recent changes in accounting principles and pronouncements and their impact on the presentation, scope and disclosure of the City's financial report/.

NO DOLLAR AMOUNTS SHOULD BE INCLUDED IN THE TECHNICAL

PROPOSAL
D. Contents of Sealed Cost Proposal

1. Total All-Inclusive Maximum Price
The cost proposal should contain all pricing information relative to performing the audit engagement as described in this request for proposals for each of the three contract years. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses.

The City will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid. Such costs should not be included in the technical proposal.

The first page of the fee proposal should include the following information:
a. Name of Firm
b. Certification that the person signing the proposal is entitled to represent the firm, empowered to submit the bid, and authorized to sign a contract with the City of Avalon.
c. A Total All-Inclusive Maximum Price for the June 30, 2023, 2024, and 2025 engagements broken down by fiscal year.

2. Rates by Partner, Specialist, Supervisor, and Staff Level Positions, Times Hours Anticipated for Each
The second page of the fee proposal shall include a schedule of professional fees and expenses that supports the total all-inclusive maximum price for each year.

3. Manner of Payment
14 CITY OF AVALON
Request for Professional Auditing Services
Progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm's proposal. Interim billings shall cover a period of not less than a calendar month.

VII. EVALUATION PROCEDURES
A. Review of Proposals
City Staff, consisting at a minimum, of the following Committee, will evaluate and select the submitted proposals, with ratification by the City Council:

David Maistros, City Manager
Jocelyn Francis, Assistant City Manager
Matthew Baker, Finance Director
B. Evaluation Criteria
Proposals will be evaluated using three (3) sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria, which will be considered during the evaluation process.

1. Mandatory Elements
a) The audit firm is independent and licensed to practice in California.
b) The firm has no conflict of interest with regard to any of the work performed by the firm for the City.
c) The firm adheres to the instructions in this request for proposals on preparing and submitting the proposal.
d) The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work.

2. Expertise and Experience (Maximum Points - 75)
a) The firm's past experience and performance on comparable government engagements.
15 CITY OF AVALON
Request for Professional Auditing Services
b) The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation. c) Adequacy of proposed staffing plan for various segments of the engagement.
d) Thoroughness of approach to conducting the audit of the City and demonstration of the understanding of the objectives and scope of the audit.
e) Commitment to timeliness in the conduct of the audit.

3. Rates and Fees (Maximum Points - 25)
a) Maximum fees to conduct the audit.

4. Oral Presentations
During the final phase of the evaluation process, the Committee may convene a panel to conduct oral presentations. Such presentations will provide firms with an opportunity to answer any questions the Committee may have on a firm's proposal.

VIll. MISCELLANEOUS PROVISIONS
Proposals Become the Property of the City
Proposals become the property of City and information contained therein shall become public property subject to disclosure laws after Notice of Intent to Award.

The City reserves the right to make use of any information or ideas contained in the proposal.

Confidential Material
Proposing auditor must notify the City in advance of any proprietary or confidential material contained in the proposal and provide justification for not making such material public. Such alleged confidential material must be conspicuously marked as such on the face of the document prior to distribution to the City or any of its employees, agents, officers, or elected officials. The City shall have sole discretion to disclose or not disclose such material in accordance with the California Public Records Act, subject to any protective order which proposing auditor may obtain.

Rejection of Proposals
16 CITY OF AVALON
Request for Professional Auditing Services
The City may reject any or all proposals and may waive any immaterial deviation in a proposal. The City's waiver of an immaterial defect shall in no way modify the Request for Proposal (RFP) documents or excuse the proposing auditor from full compliance with the specifications if he/she is awarded the contract. Proposals referring to terms and conditions other than the City's terms and conditions may be rejected as being non-responsive.

The City may conduct investigations as it deems necessary to determine the ability of the proposing auditor to perform the work specified herein. The proposing auditor shall furnish to the City any and all information requested by the City for this purpose. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposing auditor fails to satisfy the City that such proposing auditor is properly qualified to carry out the obligations of the contract and to complete the work specified.

Conditions

1. Failure to meet all requirements may not disqualify a firm. However, the City will evaluate each proposal to determine its overall fit in the best interests of the City.

2. All third-party solutions proposed as part of a joint proposal are subject to the same requirements of this RFP, unless otherwise stated.

3. All third-party solutions proposed as part of a joint proposal are subject to the same requirements of this RFP, unless otherwise stated.

4. All proposals and any subsequent clarification or response to the City's questions shall be valid for a minimum of 120 days.

City's Rights Reserved

1. The City reserves the right to select the proposal(s) which in its sole judgment best meets the needs of the City. The lowest proposed cost will not be the sole criterion for recommending the contract award.

2. The City reserves the right to award multiple contracts from this RFP.

3. The City reserves the right to reject any or all proposals and to waive technicalities and informalities when such waiver is determined by the City to be in the City's best interest.

4. The City reserves the right to meet with select proposers at any time to gather additional information.
17 CITY OF AVALON
Request for Professional Auditing Services

5. The City shall not be liable for any pre-contractual expenses incurred by prospective auditors, including but not limited to costs incurred in the preparation or submission of proposals. The City shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP.

Register as a Proposer
All firms interested in receiving further correspondence regarding this RFP are required to register by sending an email to Matthew Baker, at [email protected] and provide the following information:
• Company name
• Name of contact person along with title
• Email address; and
• Phone number
Public Records
All proposals submitted in response to this RFP become the property of the City, and may be subject to public review through a Public Records Act Request.

Exceptions
Proposed Auditors shall certify that they take no exception to this RFP. If the poopon of Ane or Pots take exeion is tapo shal be identified and cilic explained. Sample Agreement text may be considered for modification through the contract negotiations phase of the RFP; however, in no event will modifications be considered to any provisions not identified by proposer as part of their response to this RFP.

Special Consideration
This RFP does not commit City to award a contract, to defray any cost incurred in the preparation of a proposal pursuant to this RFP, or procure or contract for work.

Right to Cancel
This solicitation does not obligate the City to enter into an agreement with any proposing auditor. The City retains the right to cancel in part or in its entirety, this RFP at any time. No obligation, either expressed or implied, exists on the part of the City to make an award or to pay any cost incurred in the preparation or submission of a proposal. If City cancels or revises this RFP, City will notify all 18 CITY OF AVALON
Request for Professional Auditing Services
proposers in writing and post a notice of revision or cancellation on the City website.

Additional Information
City reserves the right to request additional information and/or clarifications from any or all proposers to this RFP.

Attachments
A. Sample Agreement for Consultant Service
19 CITY OF AVALON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this day of ., 20 _ by and between the City of Avalon, a municipal corporation organized under the laws of the State of California with its principal place of business at 410 Avalon Canyon Road, Avalon, California 90704 ("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E.,

CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [INSERT ADDRESS] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement Consultant represents that it is experienced in providing ***INSERT TYPE***] services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the [***INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE***] project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to eas Sis or recess the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional ***INSERT TYPE***] consulting services necessary for the Project ("Services"). The Services are more particularly described ir Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. [INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWAYS DELETE:

Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit "A-l."]

3.1.2 Term. The term of this Agreement shall be from [INSERT DATE] 10 [INSERT DATE], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING

SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within the term (BB&K 2022) - 1- Professional Services Agreement
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of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT AMOUNT WRITTEN OUT] ($/***INSERT NUMBER]) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.2.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal as set forth in Exhibit "C."

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any personnel performing the Services on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control.

Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required (BB&K 2022) -2- Professional Services Agreement
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by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
[***INSERT NAME AND TITLE***].

3.3.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ('City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of (BB&K 2022) 3- Professional Services Agreement
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California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force • Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shail not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. (BB&K 2022) -4- Professional Services Agreement
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3.3.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.2 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub- subcontractors or subconsultants to meet any of the requirements provided for in Sections

3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the (BB&K 2022) -5- Professional Services Agreement
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performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance. [CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE]

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. ***NOTE:

If Consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Consultant's own (BB&K 2022) -6- Professional Services Agreement
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vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; or (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees). ALWAYS DELETE THIS SECTION IF NOT USED.***]
Insurance, as required by the State of Cakernia and Employers Liability insurance with animal of not less than $1,000,000 per accident for bodily injury and disease.

HIS SUB-SECTION ONLY IF APPLICABLE• DELETE OTHERWISE*** insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims- made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

Pollution Liability: [***OPTIONAL: include the following provision if there is a pollution liability exposure; otherwise, always delete. ]Pollution Liability Insurance covering all of the consultant's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with limits of not less than $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. [***ALWAYS DELETE IF NOT USED***]

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

Commercial General Liability [***INSERT "and Pollution
Liability"; OTHERWISE, ALWAYS DELETE): (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
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(B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability. (Errors & Omissions): [***INCLUDE THIS SUB-SECTION ONLY IF APPLICABLE; DELETE OTHERWISE***|(1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of" the insured and include a provision establishing the insurer's duty to defend.

Pollution Liability: [***INCLUDE THIS SUB-SECTION ONLY
IF APPLICABLE; DELETE OTHERWISE***)(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy (BB&K 2022) -8- Professional Services Agreement
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shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VIl and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.

Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations (BB&K 2022) -9- Professional Services Agreement
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to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
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3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. (BB&K 2022) -11- Professional Services Agreement
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3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose Consultant: [INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT CITY STATE ZIP]
ATTN: [INSERT NAME AND TITLE]
City: City of Avalon
410 Avalon Canyon Road
Avalon, CA 90704
ATTN: [INSERT NAME AND TITLE]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of minimum of fifteen (15) years following completion of the Project, and shall make copies available Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design (BB&K 2022) -12- Professional Services Agreement
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professionals other than Consultant or its subconsultants, or those provided to Consultant by the

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

Consultant's proprietary information ("Proprietary Information" unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal (BB&K 2022) -13- Professional Services Agreement
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action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

3.6.7 Governing Law; Government Code Claim Compliance This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. (BB&K 2022) -14- Professional Services Agreement
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3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, 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 a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated (BB&K 2022) -15- Professional Services Agreement
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material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.8 Federal Provisions.

3.8.11**INCLUDE THIS SECTION ONLY IF APPLICABLE, DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. YOU MAY ALSO NEED TO INCLUDE

SOME INFORMATION IN THE RFP DUE TO FEDERAL FUNDING GUIDELINES CONSULT LEGAL COUNSEL IF NECESSARY**] When funding for the services is provided, in whole or in part by an agency of the federal government, Consultant shall also fully and adequately comply the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
(BB&K 2022) -16- Professional Services Agreement
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF AVALON AND
****INSERT NAME***
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF AVALON [INSERT NAME OF CONTRACTOR]
Approved By:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIREDI
[INSERT NAME]
[INSERT TITLE]
Approved as to Form: By:

Its:

Best Best & Krieger LLP Printed Name:

City Attorney
By:

Attested By:

Its:

Printed Name:

City Clerk
(BB&K 2022) -17- Professional Services Agreement
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EXHIBIT "A"

SCOPE OF SERVICES
[***INSERT SCOPE***]
(BB&K 2022) Exhibit "A"-1 Professional Services Agreement 65059.00000\33978539.2
EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
[***INSERT FEDERALLY REQUIRED PROVISIONS TRIGGERED BY RECEIPT OF FEDERAL FUNDS FOR THE SERVICES; OTHERWISE
ALWAYS DELETE ENTIRE EXHIBIT "A-|"***]
(BB&K 2022) Exhibit "A-l-1 Professional Services Agreement 65059.00000\33978539.2
EXHIBIT "B"

SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
(BB&K 2022) Exhibit "B"-1 Professional Services Agreement 65059.00000133978539.2
EXHIBIT "C"

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] [***INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL AUTOMATICALLY RENEW: In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange (BB&K 2022) Exhibit "C"-1 Professional Services Agreement 65059 00000\339785392

CITY OF AVALON CITY COUNCIL
MEETING DATE: April 4, 2023 AGENDA ITEM:

ORIGINATING DEP: Community Services Department CITY MANAGER: All PREPARED BY: David Hart, Community Service Manager
SUBJECT: Fourth of July Barge 2023
RECOMMENDED ACTION(S): Authorize the City Manager or his designee to execute an agreement with Curtin Maritime for barge services during the 2023 Fourth of July City of valon fireworks display for a not to exceed $30,000 sum REPORT SUMMARY: In order to facilitate the Annual Fourth of July fireworks show, the City must contract a barge. A barge allows the City to maintain the recommended defensible space to mitigate fire danger as well as increases the viewing field.

City Staff followed the procurement policy as outlined in the Avalon Municipal Code and solicited proposals from qualified vendors using the informal bid process. At the time this report was authored, only Curtin Maritime responded with a proposal.

Consistent with their 2022 proposal, Curtin Maritime's proposal is for $30,000 with a pledge to remit any potential profit back to the community as donations to non-profit organizations that support youth programs on the Island.

Staff recommends authorizing the City Manager or his designee to execute an agreement with Curtin Maritime for barge services during the 2023 Fourth of July City of Avalon fireworks display for a not to exceed $30,000 sum.

GOAL ALIGNMENT: Enhance Recreational Opportunities.

FISCAL IMPACTS: Not to exceed $30,000 sum included within account #10260-5633. The City has budgeted $59,000 for the Fourth of July activities. Other budget expenditures include contracting fireworks and the USC Marching Band.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not have a barge to launch fireworks for the Fourth of July.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act ATTACHMENT: Quote from Curtin Maritime
CURTIN
MARITIME Curtin Maritime, Corp.
725 Pier TAve
Long Beach. CA. 90802
Curtin Maritime Proposalfor
City of Avalon- Independence Day Fireworks - Avalon,
CA - July 4th 2023
March 15, 2023
Perfomance Through Preparation. Ph: 562 9837257 info@curtinmaritime com CurtinMaritime Com CURTIN

MARITIMF
Rebecca Garcia-Malone
Headquarters
725 Pier TAve.

Long Beach, CA 90802
T 562-983-7257
C 954-663-0289
F 562-983-7269
[email protected]
www.curtinmaritime.com
David Hart
Community Service Manager
City of Avalon
410 Avalon Canyon Road
P.O. Box 707
Avalon, CA 90704
T 310-510-0220 ext. 231
March 15, 2023
Sent via Email to [email protected] and [email protected] RE: City of Avalon - Independence Day Fireworks - Avalon, CA - July 4th 2023 Thank you for the opportunity to support the subject event. As you may already know, our founder, Martin Curtin, and many of our colleagues and their families have deep roots on Catalina Island and the City of Avalon. As has been a tradition, Curtin Maritime remains committed to supporting our local communities in any capacity we are able, and we're honored to have been asked to support the City's upcoming 4t of July Fireworks event once more.

In the accompanying pages, please find Curtin Maritime's proposed pricing and terms. If awarded, Curtin Maritime intends to honor the same agreement made in 2022 whereby 100% of the proceeds from the tug and barge charter will be donated back to various programs and organizations within the City of Avalon.

As Curtin Maritime has also committed to supporting the Bang on the Bay fireworks event hosted by the City of Long Beach on July 3rd , the only stipulation which must be met for Curtin Maritime to support Avalon's 4'h of July Fireworks event is that the same fireworks contractor is used by both organizations. We understand that the City of Avalon has a formal RFQ process to select its event contractors. In order to properly coordinate between both organizations, we respectfully request that we be notified as soon as Avalon's City Council selects the fireworks contractor so that we can inform the City of Long Beach accordingly and the appropriate arrangements can be made.

Should you have any questions or require any further information please do not hesitate to contact us directly at your convenience.

Respectfully,
Rebecca Garcia-Malone
Curtin Maritime Corp.

Mailing Address
P.O. Box 2531
Long Beach, CA 90801
Performance Through Preparation
Curtin Maritime, Corp. |P 562-983-7257 F562:983-7269 [email protected] | www.curtinmaritime.com CURTIN

MARITIME
City of Avalon
Independence Day Fireworks
Avalon, CA
July 4th 2023

STANDARD TERMS
Asset: Suitable Tug ("TBN") and the Abalone Pt (RO-RO Deck Barge) - spec. sheet attached Scope of Work: The City of Avalon is seeking to charter a tug and barge in support of its 4 of July Fireworks event.

Pricing: Lump Sum Price: $30,000
Included: Fuel costs are included in the lump sum price above.

Suitable tug and barge, including applicable tug crew.

Excluded: Any port expenses, harbor dues, customs & agent's fees, permits, engineering, and/or third-party expenses not expressly included above.

Any additional requirements imposed by local authorities that are not expressly covered above.

Any and all expenses related to the fireworks and/or equipment that may be transported aboard Curtin's above-referenced on-water assets in support of the project.

Pricing is subject Prices are based on the information provided by the client at the time of quotation; any to: changes may affect pricing.

This proposal is good for 30 calendar days.

Offer is subject to equipment availability at the time of confirmation and availability cannot be guaranteed until a signed agreement is in place.

The same fireworks contractor must be used for both the City of Avalon's 4 of July event and the City of Long Beach's Bang on the Bay event on July 3rd.

Payment terms: - To be mutually agreed
Performance Through Preparation
Curtin Maritime, Corp. | P 562 983 7257 F562 983-7269 [email protected] | www.curtinmaritime.com CURTIN Performance Through Preparation

MARITIME
Roll-On Roll-Off Deck Barge: 185' X 50'
Abalone Point
CHIC Nume
Specifications:

Year- 1979 Load Line- ABS
Builder- Kaiser Steel Certification- USCG Unmanned COl, Rebuilt- 2015 Certified to carry CDC's
Length- 185' Gross Tonnage- 775 GRT
Beam- 50' Air Draft- (ramp is 44' + freeboard)
Depth: 12 Last Dry Dock- 2014
Draft: 9.5 ft to load line Capacity- 2,500 Tons
Light Draft - 1.5'
Official Number- 613867
Efficiency // Integrity /Innovation PH 562 983 7257 [email protected] follow us @curtinmartime curtinmaritime com CURTIN Performance Through Preparation
Roll-On Rall-Of Deck Barge: Abalone Point
Specifications:

General Air Draft-
Year-2010 (ramp is 44' + freeboard) Machinery & Deck Equipment- Ramp- Year-1979 Last Dry Dock- 2014 Engine- Yanmar 3 JTKA Dimensions- 44' × 14° Builder- Kaiser Steel Hydraulic Pump- KPM K3VL45 Capacity- 100,000 LBS.

Rebuitt- 2015 Load Winches- (3) Pullmaster 25W/
Length- 185' Deck Dimensions- 162' × 44' Lighting-
Beam- 50' Bin Wall Side Height: 6 ft Pontilux LED Flood lights Depth: 12' Deadweight Capacity-
Draft: 9.5 ft to load line 2,500 Tons
Light Draft- 1.5 Lashing Equipment/Deck eyes-
Official Number- 613867 Chain and ratcheting turn buckle Load Line-ABS Unmanned lashing with fixed lashing point:

Certification- USCG Unmanned on deck
Col, Certified to carry CDC's Lanes- 4
Gross Tonnage- 775 GRT
Profile & Arrangement
-150-
-183-
18 E
BARGE 185-1

CONTRACE NO

ELATIN G
-MARITIME
Pos. (s(2) 3-3-291
sar 1:195.3488 Tear 01
4 Efficiency / Integrity // Innovation PH 562 983 7257 [email protected] follow us @curtinmantime curtinmaritime com

CITY OF AVALON CITY COUNCIL
7 MEETING DATE: April 4, 2023 AGENDA ITEM:

ORIGINATING DEP: Community Service CITY MANAGER: AMM
PREPARED BY: David Hart, Community Service Manager
SUBJECT: Fourth of July Fireworks Vendor
RECOMMENDED ACTION(S): Authorize the City Manager or his designee to execute ar agreement with Garden State Fireworks, Inc. to provide the firework show on the Fourth o REPORT SUMMARY: Annually the City of Avalon provides a fireworks show as a part of the Fourth of July schedule of events.

City Staff followed the procurement policy as outlined in the Avalon Municipal Code and solicited proposals trom qualified vendors using the informal bid process. At the time this report was authored, only Garden State Fireworks Inc. (Garden State) responded with a proposal to provide a show for $40,000. Garden State is a licensed firework vendor and in good standing with the State.

Garden State proposal includes detonation of 2,310 shells ranging from 1"-6", plus 6,500 assorted effects, equaling 8,810 items shot in the air during an 18 minute show.

Garden State Firework, Inc. is one of the oldest fireworks companies in the United States with approximately 141 years in operation and were responsible for Avalon's 2022 firework show.

As per a longstanding agreement, Love Catalina traditionally pays for the firework show and has agreed to fund the show that the City Council chooses.

GOAL ALIGNMENT: Enhance Recreational Opportunities.

FISCAL IMPACTS: Expenditure to be reimbursed by Love Catalina Tourism Authority. The City has budgeted $59,000 for the Fourth of July activities. Other budget expenditures include contracting a barge and the USC Marching Band
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City Staff will not have a vendor for the Fourth of July fireworks display.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act ATTACHMENT: Garden State Fireworks, Inc. Quote
THIS AGREEMENT is made on this 22 day of February, 2023, between GARDEN STATE FIREWORKS, INC., hereinafter known and designated as The Party of the First Part; CITY OF AVALON_hereinafter known as the designated Party of the Second Part.

WITNESSETH: For and in consideration of all mutual covenants and agreements hereinafter entered into, the Party and Parties hereinafter agree as follow:
1 The Party of the First Part agrees to furnish to the Party of the Second Part ON Barge on July 4th , 2023 in a location to be designated by the Party of the Second Part and approved by the Party of the First Part, an exhibition of fireworks.
2 The Party of the First Part agrees to pay all expenses for the freight and cartage for the said display, all necessary labor and equipment, and experienced Pyrotechnic Operators to discharge the said display. The Party of the First Part and The Party of the Second Part agree to a postponement of the said display in the event of inclement weather OPEN
allow prior 3:00PM the day of the event; and may be scheduled only within the period terminating January 1, 2024 after the original scheduled date of the display, thereafter the display will be considered to be cancelled. In the event of cancellation, the Party of the Second part agrees to additional payment of FIFTY PERCENT to bring the total of payments to ONE HUNDRED PERCENT of the total contract amount.

The Party of the First Part agrees to supply to the Party of the Second Part, insurance coverage in the amount of FIVE MILLION DOLLARS for public liability and/or property damage. The Party of the First Part agrees to hold harmless the Party of the Second Part. The Party of the Second Part agrees to hold harmless the Party of the First Part of all and any claims, legal fees incurred outside the operations or the control of the Party of the First Part.

5. The Party of the Second Part agrees to furnish ample security or police protection and barricades to prevent any persons from coming into the safety zone area designated for discharging said fireworks display. With the exception of conditions stated in paragraph 4 above, the Party of the Second Part also agrees to assume sole responsibility for spectator safety, including seating, lighting, and ground surfaces, and agrees to conduct an inspection of the site approximately 24 hours in advance of the display to ensure a safe spectator environment.

The Party of the Second Part agrees to produce any and all permits which may be required by municipal authorities for the discharging of the said fireworks display at their own expense.

The Party of the Second Part agrees that any and all publicity, media coverage, announcements, and advertising shall name GARDEN STATE FIREWORKS, INC. as the primary contractor for the said display.

Upon signing of this document, a deposit of FIFTY PERCENT of the total contract price shall be paid to the Party of the First Part.

Upon delivery of the said display, the full balance for the contract amount shall be paid to the Pyrotechnic Operator in a sealed envelope before of immediately following the discharging of the display.

10. Total amount $40,000.00 United State dollar (excluding permit fees, Barge and water costs) WITNESS: GARDEN STATE FIREWORKS, INC.

BY
August N. Santore - Vice President

WITNESS CITY OF AVALON

PROGRAM

CITY OF AVALON
July 4, 2023 $40,000.00

NOT INCLUDING BARGE AND WATER COSTS
Massive Crackling Willow Shells Fired From Four Barge Locations Submitted By:

Garden State Fireworks, Inc.

The Santore Brothers

ARRAYAL

CITY OF AVALON
July 4, 2023 $40,000.00

NOT INCLUDING BARGE AND WATER COSTS
Opening:
20 3" Announcements Flash Light Salutes with tails
Assorted Multi-Break Special Effect Shells- Pre Boxed
Assorted Fancy Star Shells
Titanium Thunder
Bumper Hurvest Shell
Assorted Color Bee
Spangle Chrysanthemum
Color Changing Peony with Color Changing Pistol
Body:
200 3" Assorted chrysanthemum Peony pattern & Reports
72 4" Santore Bras. Special Multi-Break & Custom designer Chrysanthemum 72 4" Assorted Color Chrysanthemum & Reports
48 5" Large Spreading & Special Breaking Multi-Effect Shells 72 5" Fancy Assorted Pastel Colors
54 6" Assorted Color Chrysanthemum & Reports
Special Effects: 15/30MM Pre-Boxed (Not charge)
100 Shot Criss Cross Magnesium Crossetti
350 Assorted Color Comets (Pre-Boxed)
350 Flash & Thunder Reports
100 Shots White Glittering with Red Pistil Fan
100 Shots Z Cakes Color Falling Leaves with Blue Stars
100 Shots W Cakes Gold Willow Comets Blue Stars
100 Shots V Cakes Rapid Fire Blue Stars
100 Shots Z Cake Rapid Fire Zig Zag Red Stars
Brocade Tableau: Pre-Boxed (Not charge)
1"-2" Twinkling Brocade Slow Duration
Twinkling Brocade Slow Duration
Twinkling Brocade Slow Duration
Twinkling Brocade Slow Duration
Twinkling Brocade Slow Duration
Crossetti Tableau: Pre-Boxed (Not charge)
Fancy Assorted Multi-Color Crossetti
Fancy Assorted Multi-Color Crossetti
Fancy Assorted Multi-Color Crossetti
Fancy Assorted Multi-Color Crossetti
Fancy Assorted Multi-Color Crossetti

CITY OF AVALON
July 4, 2023 $40.000.00

NOT INCLUDE BARGE AND WATER COSTS
Page #2
Comet & Rings Tableau:
100 1-2" Assorted Comets & Rings
20 3" Assorted Comels & Rings
8 4" Assorted Comets & Rings
4 5" Assorted Comets & Rings
4 6 "
Assorted Comets & Rings
Multi-Salute Tableau:
30 3" Assorted Color & Cannonade Salutes
8 4" Assorted Comets & Salutes
10 3" Assorted Comets & Salutes
4 5"
Assorted Comets & Rings
6" Assorted Comets & Rings
Grand Finale
500 Assorted Star Shells
60 Assorted Fancy Colors and Reports
60 Color and lighting Flashes 4,500 crackling effects
60 Assoried Color Strobing Stars 2,000 Bright Flashes
40 Fancy Gold Spider
40 Extra Fancy Silver Spider
60 Titanium Thunder
8 Assorted Chrysanthemum and Peony
8 Glittering Silver Color Changing Red, White and Blue
Color Changing Chrysanthemum
16 Silver Rain Chrysanthemum
8 Color Changing Chrysanthemum
Shells Size 1'2' 4" [15/30MM Total Pieces,
Total Pieces Shots & Effects
1,200 6,500 1,300
10,110
PROGRAM VALUE $40,000.00

CITY OF AVALON CITY COUNCIL
AGENDA ITEM: 8
MEETING DATE: April 4, 2023
ORIGINATING DEP: Finance CITY MANAGER: DuM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Special Permit - Vending Machine located at 112 Catalina Avenue (Avalon Liquor)
RECOMMENDED ACTION(S): (1) Authorize the issuance of a special permit to Avalon Liquor to offer a vending machine outside its retail location but within its property line on 112 Catalina Avenue. (2) Delegate authority to the City Manager to approve special permits for amusement, vending, or service machines offered to the public.

REPORT SUMMARY: On February 14, 2023, the City of Avalon received a request from Catalina Liquor to modify its existing business licenses to provide for the delivery of goods, including alcohol products, and the vending of candy, soda, antacids (e.g. Tums), and lighters through the use of a vending machine. City Staff administratively approved the modification allowing for delivery provided that the business complies with all requirements of the Department of Alcohol Beverage Control.

The proposed location of the vending machine in front of the retail location on 112 Catalina falls within the business owner's property line; however, the offering of vending or service machines to the public still requires obtaining a special permit from the City Council as outlined in the Avalon Municipal Code Section 3-1.207 which states in part:

An additional license tax of $18.75 per year shall be paid for each amusement machine made available to the public for operation or use. The offering of an amusement machine to the public for operation or use shall be subject to obtaining a special permit from the Council or its delegate. Although no license tax shall be due for vending or service machines offered to the public for operation or use, such offerings shall be subject to obtaining a special permit from the Council or its delegate.

Staff recommends issuing a special permit with the condition that the vending machine operations remain within the applicant's property line. City Council last approved the placement of vending machines on private property on May 3, 1982.

GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Business will not be granted license to operate vending machine on its premises.

FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: None

CITY OF AVALON CITY COUNCIL
MEETING DATE: April 4, 2023 AGENDA ITEM: 9
ORIGINATING DEP: Administration CITY MANAGER: AMM
PREPARED BY: Devin Hart, Management Analyst
SUBJECT: Guided Golf Cart Tours Discussion
RECOMMENDED ACTION(S): Discuss guided golf cart tours and provide direction to Staff REPORT SUMMARY: This item appears on the agenda at the request of a member of the City Council.

There are currently three guided golf car tour businesses operating in the City of Avalon. These businesses utilize a combination of residential autoettes and commercial autoettes to operate:

Residential Commercial Total Autoettes
Business Name
Autoettes Autoettes
Catalina Island Guided Golf Cart Tours 2 1 3
Avalon Local Tour 2 1 3
Catalina Island Golf Cart Tours 1 0 1
Chapter 5-14 of the Avalon Municipal Code (AMC) provides local regulations for any business that provides public transportation. The AMC also establishes the requirements for permitting and approval of a business that would like to obtain a transportation permit and provides the City Council the ultimate authority in granting a permit. Per Section 5-14.04 Permits: Applications:

Requirements:
(b): The Council may grant a permit upon the proposed terms or upon terms other than those proposed. The Council shall make the initial permit grant, and the Vehicle Clerk may thereafter renew a permit if he is able to make affirmative findings based on the criteria set forth below. If the Vehicle Clerk is unable to make the affirmative findings, he shall so advise the permit holder and set a hearing date before the Vehicle Hearing Officer, whose decision on the renewal shall be appealable to the City Council in accordance with the procedures set forth in Title 1, Chapter 1-4:
(1) The applicant has presented facts demonstrating a necessity for the requested vehicle(s).
(2) The requested vehicle(s) is appropriate for the intended use and necessary, for the proper functioning of the applicant's enterprise; (3) The requested vehicle(s) will not have a deleterious impact on traffic congestion, traffic safety, noise or air pollution;
(4) In view of the size and nature of the streets of the City and the character of the City itself, the requested vehicle(s) will not have a deleterious impact on the public health, safety, and welfare;
(5) There is no more suitable alternative vehicle than the vehicle(s) requested by the applicant that can satisfy its requirements.

Per the AMC (Section 4-4.1703), a single residential autoette is an entitlement for each dwelling unit. A single commercial autoette may be granted to each business license holder at the discretion of the Vehicle Hearing Officer.

Since the issuance of the first transportation permit to provide guided golf cart tours in 2020 to present, there have been no accidents or complaints received by City Hall regarding operations.

During the same time period, there have been approximately 40 rental golf cart accidents - some resulting in medical evacuation from the Island. Guided tours are led by individuals that are familiar with the layout of town and the regular operation of a golf cart.

Guided golf cart tours also have negligible impact on the overall number of autoettes in Avalon.

At this time, the businesses account for two extra vehicles (commercial autoettes) on the street.

These vehicles are required to have off street overnight parking.

At this time, City Staff do not recommend adopting further regulation on these tours, including establishing a minimum or maximum number of allowable vehicles. As stated previously in this report, the City Council does has the authority to regulate the issuance of transportation permits, and has exercised that authority recently.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Guided golf cart tours will become overly regulated.

FOLLOW UP ACTION: Implement City Council direction.

GOAL ALIGNMENT: N/A
FISCAL IMPACTS: Undetermined.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS: Avalon Municipal Code Chapter 5-14.

City of Avalon. CA
Wednesday, March 29, 2023
Chapter 5-14. Public Transportation
[Chapter 5-14, consisting of Article 1 entitled "Definitions," consisting of Section 5-14.101, Article 2 entitled "Permits," consisting of Sections 5-14.201 through 5-14.209, Article 3 entitled "Taxicabs," consisting of Sections 5-14.301 through 5-14.308, Artide 4 entitled "Trams." consisting of Sections 5-14.401 through 5-14.403, Article 5 entitled "Buses," consisting of Section 5-14.501, Article 6 entitled "Limousines." consisting of Section 5-14.601, and Article 7 entitled "General Provisions," consisting of Sections 5-14.701 through 5-14.709, as added by Ordinance No. 567, effective February 2, 1973, as amended by Ordinance Nos. 571, effective July 4, 1973, 585, effective June 5, 1974, 590, effective September 4, 1974, and 593, effective August 19, 1974, amended in its entirety by Section 1, Ordinance No. 628, effective April 6, 1977.]
§ 5-14.01. Definitions.
[§ 1, Ord. 628, eff. April 6, 1977, as amended by § 3, Ord. 701, eff. July 6, 1981; and § 1, Ord. 697, eff. May 4, 1981; § 1, Ord. 737; and by Ord. No. 1198-21, eff. September 2, 2021]]
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) TAXICAB - Shall mean every vehicle which is used for the transportation of passengers for compensation when such compensation is determined and indicated by the mechanical calculations of a taximeter as defined in subsection (h) of this section. (b) VEHICLE - Collectively shall mean and include any taxicab, tram, cart, automobile, electric bicycle, or bus used for any purpose, including rental or leasing to any person.
(c) PERSONAL MOBILITY DEVICE - Collectively shall mean and include motorcycles, mopeds, motorized scooters, hover boards. electrically motorized boards, Segways, or any other motor or battery powered devices. (d) OWNER - Shall mean every person or entity having the title or the possessory right to any vehicle required by the provisions of this chapter to obtain a permit.
(e) DRIVER OR OPERATOR - Shall mean and include every person driving or operating a vehicle in service. (f) COMPENSATION - Shall mean anything of value paid to, accepted, or received by the driver, operator, or owner of any vehicle in exchange for the rental of such vehicle or the transportation of persons, whether paid upon solicitation, demand, under contract, or voluntarily or intended as a gratuity or donation, including the payment of anything of value for other goods or services, when such payment entitles the person making such payment to the use of, or transportation in, any vehicle. (g) PUBLIC TRANSPORTATION - Shall mean the operation of any vehicle which transports passengers over City streets for the purpose of providing and making available to the general public an alternative to the use of private vehicles, induding but not limited to taxis. trams, buses, limousines, and courtesy vans which provide transportation as an integrated part of a hotel, or a sea, air or land transportation operation.
(h) TAXIMETER - Shall mean a mechanical instrument or device by which the charge for the hire of a taxicab is mechanically calculated, either for travel or waiting time, or distance, or both, and upon which such charge is plainly registered by means of figures indicating dollars and cents.
§ 5-14.02. Permit Required.
[§ 1, Ord. 628, eff. April 6, 1977, as amended by § 4, Ord. 701, eff. July 6, 1981; § 2, Ord. 737; § 1, Ord. 1077-08, eff. November 6,2008] No person shall operate or cause to be operated within the City any vehicle for the purpose of providing public transportation without first oblaining a public transportation permit. All vehicles used under and pursuant to such permit shall be otherwise qualified for permitting in accordance with the requirements of Article 17 of Title 4, Chapter 4-4 of this Code. Transportation permits shall be valid for a period of three years only and may be renewed for an subsequent three-year period only if all of the findings set forth in § 4-14.1703(b)(1) and (2).

The permit requirement provided for in this section shall not be applicable to:
(a) Vehicles owned or operated by a public agency;
(b) Vehicles used in conjunction with a vehicle rental or leasing business for which a permit is required by Chapter 5-11 of this title; (c) Vehicles which only transport freight or baggage.
§ 5-14.03. Charter Vehicles.
[§ 1, Ord. 628, eff. April 6, 1977, as amended by § 1, Ord. 764, eff. July 2, 1984] Anyone receiving a permit pursuant to the provisions of this chapter may also provide charter service with prior written permission from the City Manager. In granting such approval, the City Manager shall be guided by whether such charters would interfere with the operator's existing business, the availability of other services, and other similar considerations. Any vehicle used for charter purposes, including but not limited to fixed rate touring services, shall have posted thereon at such times as charter services are being provided, a placard or sign setting forth the name and type of service being provided. § 5-14.04. Permits: Applications: Requirements.

I§ 1, Ord. 628, eff. April 6, 1977, as amended by § 2, Ord. 697, eff. May 4, 1981; § 1, Ord. 1077-08, eff. November 6,2008] (a) Any person desiring a permit or to renew a permit to operate a vehicle covered by the provisions of this chapter shall file a written application therefor with the Council. Such application shall:
(1) Be verified by oath of the applicant;
(2) Set forth the name, age, and address of the applicant, or, if a corporation, its name, date, place of incorporation, the address of its principal place of business, and the names of all its officers, together with their respective ages and addresses; (3) State the trade name under which the applicant proposes to operate; (4) Contain full information pertaining to (1) the extent, character, and manner in which such proposed operations are to be conducted; (2) the type, model, capacity, and condition of the vehicle(s) proposed to be operated and (3) the route or locations where the vehicles) is proposed to be operated for the purpose of transporting passengers; (5) Contain an agreement by the applicant to hold harmless, defend, and indemnify the City; and (6) Contain such other or additional information as the City may require. (b) The Council may grant a permit upon the proposed terms or upon terms other than those proposed. The Council shall make the initial permit grant, and the Vehicle Clerk may thereafter renew a permit if he is able to make affirmative findings based on the criteria set forth below. If the Vehicle Clerk is unable to make the affirmative findings, he shall so advise the permit holder and set a hearing date before the Vehide Hearing Officer, whose decision on the renewal shall be appealable to the City Council in accordance with the procedures set forth in Title 1, Chapter 1-4:
(1) The applicant has presented facts demonstrating a necessity for the requested vehicle(s). (2) The requested vehicle(s) is appropriate for the intended use and necessary, for the proper functioning of the applicant's enterprise; (3) The requested vehicle(s) will not have a deleterious impact on traffic congestion, traffic safety, noise or air pollution; (4) In view of the size and nature of the streets of the City and the character of the City itself, the requested vehicle(s) will not have a deleterious impact on the public health, safety, and welfare; (5) There is no more suitable alternative vehicle than the vehicle(s) requested by the applicant that can satisfy its requirements. (6) In the case of renewal only, the requested vehicle has been used and continues to be used in accordance with the terms and conditions of the permit.
[1] Editor's Note: Transportation permits issued prior to the date of adoption of this section shall be subject to expiration on February 15, 2009. The Vehicle Clerk shall give at least 30 days' written notice to holders of transportation permits issued prior to the date of adoption of the requirement to apply for renewal of the transportation permit and the forms and procedures applicable thereto. § 5-14.05. Rates: Posting.
[S 1, Ord. 628, eff. April 6, 1977]
Rates shall be posted in such a manner as to be easily visible to the customer. § 5-14.06. Changes in Rates.
[§ 1, Ord. 628, eff. April 6, 1977]
Rates may be changed only after two weeks' public notice in The Catalina Islander. § 5-14.07. Discrimination of Rates Prohibited.
[§ 1, Ord. 628, eff. April 6, 1977]
No holder of a permit, or any agent or emplovee thereof, or any driver or operator of any vehicle covered by the provisions of this chapter shall charge for any amount of compensation other than the rates or fares posted. § 5-14.08. Licenses: Fees.
[§ 1, Ord. 628, eff. April 6, 1977]
Each permit shall entitle the holder thereof to obtain a license to engage in the business described in the permit upon the payment of the fees required by the licensing provisions of this Code provided the holder of such permit complies with all the other applicable provisions of law, including the provisions of this Code.
§ 5-14.09. Revocation and Suspension of Permits: Notices: Hearings. [§ 1, Ord. 678, eff. April 6, 1977]
The Council shall have the power to suspend or revoke any permit granted pursuant to the provisions of this chapter when the Council determines that any of the provisions of this chapter have been violated, that the holder of any such permit has failed to comply with the erms of such permit or of this chapter pertaining to the extent, character, or quality of the service, or that a driver or operator has beer convicted of violating any law involving the operation of a vehicle while under the influence of intoxicating liquor or narcotics or the reckles:
operation of or speeding in a vehicle. Before the revocation or suspension of any such permit, the holder thereof shall be entitled to a hearing before the Council and shall be notified thereof. § 5-14.10. Taximeters Required: Inspections: Operation. [§ 1, Ord. 628, eff. April 6, 1977, as amended by § 1, Ord. 760, eff. May 15, 1984] (a) No holder of a permit shall operate any taxicab in the City until such taxicab shall be equipped with a taximeter of a type and design which shall have been approved by the Council. It shall be the duty of the holder operating such taxicab, and of the driver thereof, to keep such taximeter operating at all times the taxicab is engaged and within such standards of accuracy as may be prescribed from time to time by the Council.
(b) Every taximeter used in the operation of a taxicab shall be subject to inspection at any time by the City or any of its agents or employees.
(c) All charges for taxicab service shall be calculated and indicated by the taximeter. (d) The taximeter requirements of this section shall not apply to the provision of the following services by taxicabs:
(1) Hotel courtesy service provided pursuant to a fixed rate contract entered into in advance of commencement of such service with any hotel. At least 48 hours' prior written notice of commencement of such service shall be given to the City Manager; such notice shall be given on or before January 1 of each year thereafter. Any taxicab providing hotel courtesy service shall have posted thereon a placard identifying the hotels) for which such service is being provided; (2) Fixed rate tour services, subject to compliance with the provisions of §§ 3-3.302 and 5-14.02 of this Code; and (3) Dial-a-ride services provided pursuant to agreement with the City of Avalon.

The taximeters of any taxicabs providing the foregoing fixed rate services shall be connected with the taxi roof light in such manner as to indicate when the taximeter is operating.

The requirements of this section shall be in addition to any other requirements contained in this Code. The City Manager is hereby au- thorized to suspend any taxi permit upon violation of any of the foregoing requirements. § 5-14.11. Equipment: Inspections.
[§ 1, Ord. 628, eff. April 6, 1977]
All vehicles operated pursuant to the provisions of this chapter shall be approved by the City before being placed in service. Such vehicles shall at all times be kept in a clean and sanitary condition and in a good state of repair and shall be subject to periodic inspections by the City. In the event the condition of any vehicle, in the opinion of the Chief of Police, shall be mechanically defective as to be undesirable for use by the public, the City may require such vehicle to be immediately withdrawn from service, and such vehicle shall not be again placed in service until approved by the Chief of Police.
§ 5-14.12. Public Rights-of-Way: Parking.
[§ 1, Ord. 628, eff. April 6, 1977]
No operator of any vehicle, other than a taxicab, shall load or discharge passengers at any location in the public right-of-way unless such location as is specifically designated for that purpose. § 5-14.13. Public Liability Insurance.
[§ 1, Ord. 628, eff. April 6, 1977, as amended by § 2, Ord. 704, eff. August 17, 1981) Every applicant for a permit pursuant to the provisions of this chapter, at all times during the term of such permit, shall maintain a policy of public liability insurance pursuant to § 1-6.01 of the Avalon Municipal Code. § 5-14.14. Operation of Vehicles.

IS 1, Ord. 628, eff. April 6, 1977]
No person shall operate a vehicle permitted by this chapter with more passengers than the rated seating capacity of the vehicle being operated, less one.
§ 5-14.15. Prohibition; Rental of Personal Mobility Devices. [Added by Ord. No. 1200-21, eff. September 2, 2021]
It shall be unlawful to rent or operate commercially any personal mobility devices. Personal mobility devices shall not be rented or leased to any person.

Avalon City CouncilApril 4, 2023

Avalon City Council
April 4, 2023