Hawthorne City Council
May 9, 2023

AGENDA ITEM NO. 11

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Resolution No. 8409 – A Resolution of the City Council of the City of Hawthorne, California, Establishing a Four-Way Stop at the Intersection of W 137th Street and Jefferson Avenue. Motion to adopt.

RECOMMENDED MOTION:

Staff Recommends that the City Council approve Resolution No. 8409 DISCUSSION:

Public Works Staff was asked to evaluate the existing traffic control at the intersection of W 137th Street and Jefferson Avenue. The City received requests to convert the existing two-waystop-control to a four-way-stop-control. After reviewing the daily traffic volumes, observing the intersection and evaluating the existing conditions, Staff recommends the conversion to a fourway stop to control vehicle/pedestrian conflicts and improve traffic operations to the proximity of Jefferson Elementary School. Staff has prepared a resolution for the installation of two (2) stop signs on Jefferson Avenue. These stop signs create a four-way stop at the intersection of W 137th Street and Jefferson Avenue.

FISCAL IMPACT:

None. The construction cost of $800 for stop signs and pavement markings are available in the current fiscal year’s adopted budget.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Resolution No. 8409

2. Review of W 137th Street and Jefferson Avenue Traffic Control Memorandum 1 RESOLUTION NO. 8409

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HAWTHORNE, CALIFORNIA, ESTABLISHING A FOUR-WAY STOP
AT THE INTERSECTION OF 137TH STREET AND JEFFERSON
AVENUE
WHEREAS, the intersection of 137th Street and Jefferson Avenue is an intersection in the City of Hawthorne; and
WHEREAS, concerned members of the community have raised the issue of improving safety at the intersection of 137th Street and Jefferson Avenue; and WHEREAS, the City Council of the City of Hawthorne desires to establish a fourway stop at the intersection of 137th Street and Jefferson Avenue and pursuant to the authority established by California Vehicle Code section 21351.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Hawthorne, California as follows:

SECTION 1. The foregoing recital is incorporated herein.

SECTION 2. For traffic control purposes, there shall be two (2) stop signs installed on Jefferson Avenue at 137th Street in the City of Hawthorne, California, creating a four-way stop at this intersection.

SECTION 3. The Director of Public Works is hereby instructed to install the appropriate signs and markings in the north and south approach of the subject intersection giving effect to the said four-way stop.

SECTION 4. All other resolutions in conflict herewith are repealed. 2 SECTION 5. The City Attorney is authorized to make all minor and typographical changes to this Resolution that does not change the substance of the Resolution.

PASSED, APPROVED and ADOPTED this 9th day of May, 2023. _____________________________

ALEX VARGAS
Mayor
City of Hawthorne, California
ATTEST:
________________________

DAYNA WILLIAMS-HUNTER
City Clerk
City of Hawthorne, California
_____________________________

ROBERT KIM
City Attorney
City of Hawthorne, California
4455 W. 126th Street, Hawthorne, CA 90250
CITY OF HAWTHORNE Public Works | Engineering Division
Phone 310-349-2980 | Fax 310-978-9862

CITY OF HAWTHORNE
From: Akbar Farokhi, Director of Public Works
To: Vontray Norris, City Manager
Date: April 26, 2023
Subject: Review of W 137th Street and Jefferson Avenue Traffic Control _____________________________________________________________________________________ Purpose and Need
Public Works staff was asked to evaluate the existing traffic control at the intersection of W 137th Street and Jefferson Avenue in the City of Hawthorne. The City received a request to convert the existing twoway-stop-control (TWSC) to an all-way-stop-control (AWSC).

Existing Conditions
The intersection has existing stop signs on W 137th Street and Jefferson Avenue is free flow. Jefferson Avenue and W 137th Street are both two lane (one lane in each direction) local roads with a prima facie speed limit of 25 mph. Sidewalks and on-street parking are present on both facilities. The surrounding land-uses are residential. The intersection is one block north of Jefferson Elementary School.

Standards and Guidance
The determination to install AWSC is based on Section 2B.07 of the California Manual of Uniform Traffic Control Devices (CA MUTCD).

As described in Section 2B.07.04 of the CA MUTCD, the following criteria may qualify an intersection to be fully stop-controlled:

A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal.

B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes include right-turn and left-turn collisions as well as right-angle collisions.

Figure 1. Intersection of Jefferson Avenue
and W 137th Street looking east
4455 W. 126th Street, Hawthorne, CA 90250
CITY OF HAWTHORNE Public Works | Engineering Division
Phone 310-349-2980 | Fax 310-978-9862

CITY OF HAWTHORNE
C. Minimum volumes:

1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and

2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but

3. If the 85th-percentile approach speed of the major-street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2.

4. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition.

If the intersection does not meet the CA MUTCD Section 2B.07.04 guidance, an AWSC may be installed based on the following criteria from Section 2B.07.05:

A. The need to control left-turn conflicts;
B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes;
C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and D. An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic operational characteristics of the intersection.

Analysis
Staff reviewed readily available data including crash history and daily traffic volumes, observed the intersection on April 25, 2023 and evaluated the existing conditions.

Crash data was evaluated at the intersection from 2018 to 2023. A total of two crashes have been reported at this intersection. One involved a pedestrian crossing W 137th Street, west of Jefferson Avenue, and the other involved a collision with a parked car. Staff reviewed daily traffic volumes. The average daily weekday traffic (ADT) volume on Jefferson Avenue at this intersection is 3,552 vehicles (1,372 northbound vehicles and 2,180 southbound vehicles). The ADT volume on W 137th at this intersection is 2,063 vehicles (1,056 eastbound vehicles and 1,007 westbound vehicles). The intersection does not meet the criteria in Section 2B.07.04 for an AWSC.
4455 W. 126th Street, Hawthorne, CA 90250
CITY OF HAWTHORNE Public Works | Engineering Division
Phone 310-349-2980 | Fax 310-978-9862

CITY OF HAWTHORNE
However, the intersection does meet several of the criteria in Section 2B.07.05. AWSC may be considered at locations where there is a need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes. The intersection is one block from Jefferson Elementary School, which generates a high number of pedestrian volumes. The lack of stop signs on W 137th Street may prevent pedestrians from crossing W 137th Street to walk to the elementary school.

Additionally, AWSC may be considered at intersections of two residential neighborhood collector streets that are similar in operations and design. Jefferson Avenue and W 137th Street are similar facilities and AWSC may improve traffic operations at the intersection.

Recommendation
Public Works staff recommends the installation of an AWSC at the intersection of Jefferson Avenue and W 137th Street based on CA MUTCD Section 2B.07.05. The conversion of TWSC to AWSC will control vehicle/pedestrian conflicts near Jefferson Elementary School and improve traffic operations of the similar intersecting facilities.

AGENDA ITEM NO. 12

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Resolution No. 8410 - A Resolution of the City Council of the City Of Hawthorne, California, Adopting a List of Projects for Fiscal Year 2023-24 Funded By SB1: The Road Repair and Accountability Act of 2017. Motion to adopt.

RECOMMENDED MOTION:

Staff Recommends that the City Council adopt this resolution No. 8410.

DISCUSSION:

Senate Bill 1, the Road Repair and Accountability Act of 2017 was signed into law on April 28, 2017. This Bill will generate $54 billion over the next 10 years to fix roads, freeways, and bridges Statewide. The City of Hawthorne will be receiving approximately $2,175,801 in 2023-24. This fund will be used to improve our transportation infrastructure, providing residents with more efficient transportation options.The Resolution is a requirement for receiving funding and establishing accountability for continued funding. The resolution incudes a project list that addresses the City’s needs for street improvements as determined by the Engineering Division’s pavement management system and capital improvement project list.

FISCAL IMPACT:

None. The City will benefit by receiving an estimated amount of $2,175,801 from SB1 Funding for 2023-24 fiscal year.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Resolution 8410

2. Budget Sheet
RESOLUTION NO. 8410

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HAWTHORNE, CALIFORNIA, RESOLUTION ADOPTING A LIST
OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City is aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $2,175,801 in RMRA funding in Fiscal Year 2023- 24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets and add active transportation infrastructure throughout the City this year and of similar projects into the future; This fund will be use to improve transportation infrastructure, providing residents with more efficient transportation options and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in need of repair and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a better condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Hawthorne as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Construction and Construction management
Project Title: Local Street Improvement Project 2023
Project Description: This Project will reconstruct selected streets at various locations. The project will rehabilitated streets in these areas using asphalt rubber hot mix over asphalt concrete leveling course to improve safety and drivability. This will include full depth reconstruction of specified areas as well as grinding, excavation and removal of existing pavement, new paving, and traffic striping and markings.

Project Location: Various local streets throughout the City Estimated Project Schedule: July 1, 2023- June 30, 2024 Estimated Project Useful Life: 10 years

3. The following previously proposed and adopted projects may also utilize Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Construction and Construction Management
Project Title: 120th St Improvements- Crenshaw Blvd to Felton Ave Project Description: This project includes traffic signal upgrades (upgrade signals, controllers, and detection) and coordination at eight signalized intersections and improve crossings and signage at spot locations in the corridor.

Project Location: 120th St from Crenshaw Blvd to Felton Ave Estimated Project Schedule: July 1, 2023- June 30, 2024 Estimated Project Useful Life: 10 years
PASSED AND ADOPTED by the CITY Council of the City of Hawthorne this 9th day of May, 2023, by the following vote:
_____________________________

ALEX VARGAS
Mayor
City of Hawthorne, California
ATTEST:
________________________
DAYNA S. WILLIAMS-HUNTER
City Clerk
City of Hawthorne, California
________________________________

ROBERT KIM
City Attorney
City of Hawthorne, California

AGENDA ITEM NO. 13

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: City Attorney
City Manager: __________ for
Vontray Norris
City Attorney: ___________
Robert Kim
SUBJECT:

RESOLUTION NO. 8413 – A Resolution of the City Council of the City of Hawthorne, California, Proclaiming the Month of May 2023 as “Mental Health Awareness Month” in the City of Hawthorne. Motion to adopt.

RECOMMENDED MOTION:

Staff Recommends that the City Council adopt Resolution No. 8413 DISCUSSION:
“Mental Health Awareness Month” was started in 1949 by Mental Health America. In 2013, President Barack Obama signed a proclamation stating his commitment to mental health and confirming May as National Mental Health Awareness Month.

Each year there is a different theme for “Mental Awareness Month.” The theme of 2023 “Mental Health Awareness Month” is “More Than Enough.” According to National Alliance on Mental Illness (NAMI), this campaign is a message for hope and inclusion. “All people, no matter where they are on their mental health journey, are deserving of support, resources, fulfillment and a community that cares.”
Mental Health America and NAMI have created tools and organized resources to assist individuals, organizations, and communities in raising awareness of the types of mental health issues that are present in today’s society, especially for young people. NAMI reports that 18 percent of U.S. adults experience an anxiety disorder such as post-traumatic stress disorder, phobias or obsessive-compulsive behavior. 1 in 5 U.S. adults experience mental illness each year, and less than half of them receive treatment.

According to the U.S. Government Accountability Office, 2.1 million veterans received mental

health treatment from the U.S. Department of Veterans Affairs in the five-year period from 2006 through 2010. A study by the Substance Abuse and Mental Health Services Administration revealed that only 50 percent of returning vets who need veteran mental health treatment will actually receive those services. According to the RAND Center from Military Health Policy Research, 20 percent of the vets who served in either Iraq or Afghanistan suffer from either major depression or post-traumatic stress disorder. 19.5 percent of vets in these two categories have experienced a traumatic brain injury. These three service-related disorders alone have an enormous impact on the demand for veteran mental health treatment.

Veteran mental health services are essential in order to assist our returning vets recover from their combat experience and mental health issues related to their military service. There are a number of troubling statistics which show that enough is not being accomplished and that many of our veterans are not receiving the care that they deserve.

Finally, substance abusers and the homeless show the highest rates of mental illness, according to NAMI. It is estimated that 50 percent of drug users and 26 percent of the homeless are mentally ill.

Even with all the awareness and advocacy surrounding mental health, there still remain those who deal with brain disorders but are afraid to ask for help. Additionally, there are those who do not realize they are dealing with mental illness, and others who reach out for help to no avail. To spread awareness and to break the stigma associated with mental illness, many organizations have used “Mental Health Awareness Month” to hold seminars, symposiums, educational courses, social media forums, and other outreach tools encouraging students and young people to learn more about the issues associated with mental health. There are many different options available for mental health treatment, but no single method effectively treats everyone. The education and awareness that “Mental Health Awareness Month” provides is important in ensuring that all individuals have the help and resources necessary for attainting mental health and wellness.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Resolution No. 8413

1 RESOLUTION NO. 8413

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY

OF HAWTHORNE, CALIFORNIA, PROCLAIMING THE
MONTH OF MAY 2023 AS “MENTAL HEALTH
AWARENESS MONTH” IN HAWTHORNE.

WHEREAS, “Mental Health Awareness Month” was started in 1949 by Mental Health America; and
WHEREAS, in 2013, President Barack Obama signed a proclamation stating his commitment to mental health and confirming May as National Mental Health Awareness Month; and
WHEREAS, each year there is a different theme for “Mental Awareness Month.” The theme of 2023 is “More Than Enough.” According to National Alliance on Mental Illness (NAMI), this campaign is a message for hope and inclusion. “All people, no matter where they are on their mental health journey, are deserving of support, resources, fulfillment and a community that cares.”; and
WHEREAS, Mental Health America and NAMI have created tools and organized resources to assist individuals, organizations, and communities in raising awareness of the types of mental health issues that are present in today’s society, especially for young people; and WHEREAS, NAMI reports that 18 percent of U.S. adults experience an anxiety disorder such as post-traumatic stress disorder, phobias or obsessive-compulsive behavior. One in 25 adults experiences a mental disorder that interferes with normal life activities, according to the alliance; and
WHEREAS, according to the U.S. Government Accountability Office, 2.1 million veterans received mental health treatment from the U.S. Department of Veterans Affairs in the five-year period from 2006 through 2010. A study by the Substance Abuse and Mental Health Services Administration revealed that only 50 percent of returning vets who need veteran mental health treatment will actually receive those services; and WHEREAS, substance abusers and the homeless show the highest rates of mental illness, according to NAMI. It is estimated that 50 percent of drug users and 26 percent of the homeless are mentally ill; and
WHEREAS, there are many different options available for mental health treatment, but no single method effectively treats everyone. The education and awareness that “Mental Health Awareness Month” provides is important in ensuring that all individuals have the help and resources necessary for attainting mental health and wellness. 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hawthorne as follows:

Section 1. The City Council of the City of Hawthorne, California, hereby incorporates by reference all the recitals herein and finds that they are true and correct.

Section 2. The City Council of the City of Hawthorne does hereby proclaim the month of May 2023 as “Mental Health Awareness Month”.

Section 3. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the Council of the City.

Section 4. This resolution shall be in full force and effect immediately upon its passage and adoption thereof.

PASSED, APPROVED AND ADOPTED this 9th day of May, 2023.

ALEX VARGAS, Mayor
City of Hawthorne, California
ATTEST:

DAYNA WILLIAMS-HUNTER, City Clerk
City of Hawthorne, California
APPROVED AS TO FORM:

ROBERT KIM, City Attorney
City of Hawthorne, California

AGENDA ITEM NO. 14

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: City Manager
City Manager: __________ for
Vontray Norris
City Attorney: ___________
Robert M. Kim
SUBJECT:

Resolution No. 8414- A Resolution of the City Council of the City Of Hawthorne, California, Authorizing Submittal of the 2023 Local Housing Trust Fund Application. Motion to adopt.

RECOMMENDED MOTION:

Staff recommends that the City Council approve Resolution No. 8414 and authorize the submittal of the 2023 Local Housing Trust Fund Application.

DISCUSSION:

The City of Hawthorne’s Housing Element was recently certified by the California Department of Housing and Community Development (HCD). Of the original Regional Housing Needs Allocation (RHNA) of 1,734 housing units, the City received 360 credits, leaving 1,374 housing units consisting of various income levels. The City is required to remove all impediments and allow the housing units to be developed in the next six years. In order to develop the required affordable housing units, the city will need to apply for many grant opportunities and raise funds for the development costs.

The Hawthorne Housing Trust Fund (HHTF) was established in April 2023 to bring together limited resources in a cost-effective and planned way to finance low- and moderate-income housing and also avail the City to apply for HCD’s Local Housing Trust Fund (LHTF) Program. The LHTF Program will provide approximately $53 million to housing trust funds for construction loans and/or permanent loans for affordable housing rental projects, permanent supportive housing, emergency shelters, transitional housing, affordable homebuyer/homeowner projects, and construction of accessory dwelling units. The HHTF is eligible to apply for between $500,000 and $5,000,000, provided the HHTF has sufficient matching funds equal to or exceeding the requested amount.

The LHTF application is anticipated to be competitive. The HHTF will commit to use 100% of LHTF Program Funds and Matching Funds for affordable housing within the City of Hawthorne. At least 30% of Program Funds and Matching Funds received will be spent on assistance to Extremely Low-Income Households, and no more than 5% of Program Funds and Matching Funds will be spent on administrative expenses. The source of Matching Funds will be an allocation of the valuation of its owned parcel on Cordary Avenue. Pursuant to Exhibit 1 and the certification of this resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.

FISCAL IMPACT:

No Impact to the General Fund
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Resolution No. 8414

2. Exhibit A - LHTF Expenditure Plan
RESOLUTION NO. 8414

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HAWTHORNE, CALIFORNIA, AUTHORIZING SUBMITTAL OF THE
2023 LOCAL HOUSING TRUST FUND APPLICATION
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) is authorized to provide up to $53 million under the Local Housing Trust Fund (“LHTF”) Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) (as described in Health and Safety Code section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) (“Program”).

WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated 3/7/2023 under the LHTF Program; and
WHEREAS, the City of Hawthorne is an eligible Local or Regional Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds; and WHEREAS, the Department may approve funding allocations for the LHTF Program, subject to the terms and conditions of H&S Code Section 50842.2, the LHTF Program Guidelines, NOFA, Program requirements, the Standard Agreement and other related contracts between the Department and LHTF award recipients.

NOW, THEREFORE, the City Council of the City of Hawthorne does hereby resolve as follows:

Section 1. If the City of Hawthorne (“City”) receives an award of LHTF funds from the Department pursuant to the above referenced LHTF NOFA, it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts Applicant may have with the Department (“Eligible Project”).

Section 2. The Hawthorne Local Housing Trust Fund is hereby authorized to act as the manager in connection with the Department’s funds to Eligible Projects pursuant to the above described Notice of Funding Availability in an amount not to exceed the appraised value of land to be used as Matching Funds (the “LHTF Award”). Note: Dollar amount must include amount used for administrative costs, pursuant to Section 105(b) of the Guidelines.

Section 3. The City hereby agrees to match on a dollar for dollar basis the LHTF Award pursuant to Guidelines Section 104. Applicant hereby agrees to utilize matching finds on a dollarfor-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section50843.5(c).

Section 4. Pursuant to Attachment 1 and the Applicant’s certification in this resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.

Section 5.. Nonprofit Housing Trust Funds and Native American Tribe Housing Trust Funds agree to use Program Funds only for Eligible Projects located in cities and counties that submitted an adopted Housing Element that was found by the Department to be in compliance and that have submitted their Housing Element Annual Progress Report (APR) for the current year or prior year by the application due date.

Section 6. The City shall be subject to the terms and conditions as specified in the Standard Agreement, H&S Section 50842.2 and LHTF Program Guidelines.

Section 7. The City Manager is authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to Applicant, as the Department may deem appropriate.

Section 8. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the Council of the City.

Section 9. This resolution shall be in full force and effect immediately upon its passage and adoption thereof.

PASSED, APPROVED AND ADOPTED this 9th day of May, 2023.

ALEX VARGAS, Mayor
City of Hawthorne, California
ATTEST:

DAYNA WILLIAMS-HUNTER, City Clerk

CITY CLERK
ATTEST:

APPROVED AS TO FORM:

ROBERT M. KIM, City Attorney
City of Hawthorne, California
Exhibit A
City of Hawthorne Local Housing Trust Fund Program
Expenditure Plan
The City of Hawthorne Local Housing Trust Fund commits to use Local Housing Trust Fund (“LHTF”) Program Funds and Matching Funds from the 2023 Notice of Funding Availability as follows:
• 100% of Program Funds and Matching Funds received will be spent to provide construction/permanent financing loans at simple interest rates of no higher than three percent per annum with deferred payments based on residual receipts, for payment of predevelopment costs, acquisition, construction, or rehabilitation of multifamily rental housing serving Lower-Income (80% of Area Median Income (“AMI”)), Very LowIncome (50% of AMI), and Extremely Low-Income Households (30% of AMI). • At least 30% of Program Funds and Matching Funds received will be spent on assistance to Extremely Low-Income Households.
• 100% of Program Funds and Matching Funds received will be spent on loans for the new construction of multifamily rental housing developments with average household income restrictions of no more than 60% of AMI.
• No more than 5% of Program Funds and Matching Funds received will be spent on administrative expenses.

Unless expressly permitted otherwise by the State Department of Housing and Community Development (“HCD”), all activities and projects funded by the LHTF Program Funds and Matching Funds will be located within the City of Hawthorne.

The source of Matching Funds will be an allocation of the valuation of its owned parcel on Cordary Avenue.

AGENDA ITEM NO. 15

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Construction of Speed Humps on Haas Avenue and Cimarron Avenue between W 115th Street and W 116th Street and W 115th Street between Van Ness Avenue and Wilton Place.

RECOMMENDED MOTION:

Staff Recommends that the City Council approve installation of speed humps on Haas Avenue and Cimarron Avenue between W 115th Street and W 116th Street and W 115th Street between Van Ness Avenue and Wilton Place.

DISCUSSION:

Based on the recommendation of the Mayor in the council meeting on April 25, 2023, Staff determined that these streets met the City’s speed hump policy requirements, as they are all adjacent to Cimarron Avenue Elementary School. Staff has prepared an agenda bill to install two speed humps each on Haas Avenue and Cimarron Avenue between W 115th Street and W 116th Street and one speed hump on W 115th Street between Van Ness Avenue and Wilton Place.

Speed hump installation is recommended for these streets to reduce speed and collisions as well as increase safety for parents and students walking to and from the elementary school. The work will consist of cold-planing, asphalt paving, construction of speed humps, pavement markings, and installation of warning signs.

FISCAL IMPACT:

None. Funds for the construction and installation of five speed humps in the amount of $15,000 are available in the adopted Fiscal Year 2022-2023 budget and will be paid for with approved and allocated Gas Tax Funds.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act

ATTACHMENT(S):

1. Map

AGENDA ITEM NO. 16

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Progress Payment #1 in the amount of $157,747.50 due to Elecnor Belco Electric of Chino CA, for Highway Safety Improvement Project Traffic Signal Upgrade and Reconstruction 120th St Improvement Project – Prairie Ave to Felton Ave (Project #21-06) RECOMMENDED MOTION:

Staff Recommends that the City Council approve this Progress Payment #1 to Elecnor Belco Electric of Chino, CA.

DISCUSSION:

This project includes upgrading the existing traffic signals at nine different locations on 120th St between Prairie Ave and Felton Ave, at the intersections of: Prairie Ave, York Ave, Freeman Ave, Birch Ave, Grevillea Ave, Ramona Ave, Eucalyptus Ave, Inglewood Ave, and Felton Ave.

The work consists of traffic signal upgrade, trenching and installing conduits, construction of curb and gutter, sidewalks, and ADA ramps, striping and adjustment of utilities and all other work necessary to complete the improvements in accordance with the Plans and Specifications.

Potholing for identifying underground utilities and placement of underground conduits to interconnect traffic signals are currently taking place.

FISCAL IMPACT:

None. Funds for this progress payment in the amount of $157,747.50 are available in the adopted Fiscal Year 2022-2023 budget and will be paid for with approved and allocated Highway Safety Improvement Program (HSIP) Grant, Measure R and Proposition C funds.

NOTICING PROCEDURES:

72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Progress Payment #1

AGENDA ITEM NO. 17

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: City Manager
City Manager: __________
Vontray Norris
City Attorney: ___________
Robert M. Kim
SUBJECT:

Re-Appoint Mr.Tod Sword, Economic Development Consultant for Southern California Edison, to serve an additional term of office on the South Bay Workforce Investment Board (SBWIB) as a Hawthorne business private sector representative.

RECOMMENDED MOTION:

Staff Recommends that the City Council Approve the Re-Appointment of Mr. Tod Sword to Serve an Additional Term of Office on the SBWIB as a Hawthorne Business Private Sector Representative.

DISCUSSION:

Mr. Tod Sword has been serving as the Hawthorne Business Private Sector Representative of the SBWIB. He has been re-nominated by the Hawthorne Chamber of Commerce to continue his service until June 30, 2027.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Letters from SBWIB and Hawthorne Chamber of Commerce

AGENDA ITEM NO. 18

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Change of Purchase Order from Complete Plus, New Look Auto Detail, Wrap Bully’s, Angels Auto Electric, EJ Ward Inc., and Southbay Ford for the current Fsical Year.

RECOMMENDED MOTION:

Staff recommends that the City Council approve a change purchase order to Complete Plus, New Look Auto Detail, Wrap Bully’s, Angel Auto Electric, EJ Ward Inc., and Southbay Ford for the current fiscal year.

DISCUSSION:

Blanket Purchase Orders (BPOs) are issued to vendors that provide goods and services to the City of Hawthorne throughout the fiscal year on an as-needed basis. The costs associated with each proposed purchase exceed $25,000 and therefore require approval of the City Council. This report requests the City Council to review the requests and authorize corresponding Blanket Purchase Orders as described.

Staff is working on Requests for Proposals to request prices from different service providers to ensure efficiency in the equipment division. City-owned vehicles require maintenance to ensure that they operate safely and efficiently. This past year we experienced unforeseen vehicle damages, and it is our duty to have sufficient vehicles in good working conditions to meet their operational needs.

Complete Plus provides our City fleet with automotive replacement parts. City-owned vehicles are essential for our municipal services, and they require maintenance and replacement of worn or damaged parts to ensure that they operate safely and efficiently. We are requesting a blanket purchase order change from $25,000 to $35,000 for this fiscal year.

New Auto Look provides the Police Department disinfecting services, including interior, exterior, and steam cleaners with sanitizing liquids. We request that the blanket purchase order change from $25,000 to $35,000. Police vehicles are frequently exposed to bacteria while on duty, which can be transmitted to the surface of the cars through contact with contaminated objects or people. Disinfecting police vehicles help eliminate or reduce the presentence of bacteria and reduce the risk of transmission to officers or those who come in contact with the car.

Wrap Bullys provide exterior wrapping of police vehicles when the vehicles have been involved in an accident. Patrol Vehicles must be wrapped, or they cannot go back in service as it identifies the vehicle as a law enforcement unit. We request that the blanket purchase order change from $20,000 to $30,000.

Angel’s Auto Electric provides specialty electrical auto repairs such as air conditioning, programming, and powertrain control module electrical work. As vehicles become increasingly reliant on electrical systems, it is essential to have trained professionals who can diagnose and repair complex electrical issues. Electrical auto repairs such as air conditioning, programming, and PCM work require specialized knowledge and tools that are not available to our equipment division. By having a dedicated service provider specializing in these types of repairs, the City can ensure that its fleet of vehicles is properly maintained and functioning at its best. We request that the blanket purchase order change from $25,000 to $35,000.

EJ Ward Inc. provides fuel vehicle transmitters for city-owned fleets that help improve fuel management and reduce fuel costs. These transmitters are connected to a fuel management system allowing the City to track fuel usage and identify potential discrepancies. We request that a blanket purchase order change from $15,000 to $25,000.

Southbay Ford provides original equipment parts and services for city owned vehicles and equipment. We request that a blanket purchase order change from $129,000 to $150,000.

This change of purchase order would provide for a continuation of monitoring and maintaining a safe and reliable city fleet. Regular maintenance is essential, and our goal is to reduce the risk of equipment failure and extend the lifespan of the equipment. The Public Works Department would like to increase the amount authorized in the contractors existing purchase order to cover expenses for this fiscal year. This increase in purchase orders will provide sufficient time to issue RFPs when their contract terminates.

FISCAL IMPACT:

The funds required for this project are available in the current fiscal year's adopted budget.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

None.

AGENDA ITEM NO. 19

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Memorandum of Agreement (MOA) to continue in the Dominguez Channel Enhanced Watershed Management and Comprehensive Integrated Monitoring Plan, in compliance with regional watershed mandates of the State Water Resources Control Board 2023.

RECOMMENDED MOTION:

Staff Recommends that the City Council approve the MOA and authorize the City Manager to sign the document on behalf of the City.

DISCUSSION:

In 2013, the City Council approved a Notice of Intent and Memorandum of Understanding for the City to join a number of other agencies in the Dominguez Channel Enhanced Watershed Management Plan (DC EWMP) group. These agencies include: City of Inglewood, City of El Segundo, City of Los Angeles, City of Lomita, City of Carson, City of Lawndale, and Los Angeles County. The EWMP is a necessary step in compliance with the State Regional Water Control Board’s National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. This includes administration and reporting of storm water pollution prevention activities and annual monitoring. Monitoring includes wet and dry weather sampling at various locations in the Dominguez Channel and construction of a mass emissions station for permanent monitoring capability.

The South Bay Cities Council of Governments handles financial administration for the group.

This Memorandum of Agreement, including its attachments, exhibits and schedules, is made and entered into as of July 1, 2023 by and between the agencies in the Dominguez Channel Watershed Management Plan group.

The current agreement is expiring and this MOA will continue Hawthorne’s involvement in the EWMP group for three more years to implement State Regional Water Control Board’s MS4 Permit requirements.

FISCAL IMPACT:

None. The amount of $58,095 for Fiscal Year 2023-2024, $54,827 for Fiscal Year 2024-2025 and $78,454 for Fiscal Year 2025-2026 will be paid for with approved and allocated Measure W funds.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Memorandum of Agreement

MEMORANDUM OF AGREEMENT

BETWEEN THE CITY OF LOS ANGELES, THE CITY OF CARSON, THE CITY OF EL

SEGUNDO, THE CITY OF HAWTHORNE, THE CITY OF INGLEWOOD, THE CITY OF

LAWNDALE, THE CITY OF LOMITA, LOS ANGELES COUNTY FLOOD

CONTROL DISTRICT, THE COUNTY OF LOS ANGELES, AND THE SOUTH BAY

CITIES COUNCIL OF GOVERNMENTS

REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING

THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) AND

WATERSHED MANAGEMENT PROGRAM (WMP)

FOR THE DOMINGUEZ CHANNEL WATERSHED MANAGEMENT AREA
This Memorandum of Agreement (MOA), including its attachments, exhibits and schedules, is made and entered into as of July 1st, 2023 by and between THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG), a California Joint Powers Authority, and THE CITY OF LOS ANGELES (CITY), a municipal corporation, THE CITY OF CARSON, a municipal corporation, THE CITY OF EL SEGUNDO, a municipal corporation, THE CITY OF HAWTHORNE, a municipal corporation, THE CITY OF INGLEWOOD, a municipal corporation, THE CITY OF LAWNDALE, a municipal corporation, THE CITY OF LOMITA, a municipal corporation, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and the COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of California. Collectively, these entities shall be known herein as PARTIES or individually as PARTY.

RECITALS
WHEREAS, the U.S. Environmental Protection Agency (USEPA) and the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) have classified the Greater Los Angeles County Municipal Separate Storm Sewer System (MS4) as a large MS4 pursuant to 40 Code of Federal Regulations (CFR) section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2; and WHEREAS, the Regional Board adopted the 2012 National Pollutant Discharge Elimination System (NPDES) MS4 Permit Order No. R4-2012-0175 on November 8, 2012, which was re-adopted in the 2021 Regional Phase I MS4 Permit Order No. R4- 2021-0105; and
WHEREAS, the 2012 MS4 Permit became effective on December 28, 2012, and required that LACFCD, the COUNTY, and 84 of the 88 cities within Los Angeles County comply with its prescribed elements; and

WHEREAS the 2021 MS4 Permit became effective on September 11, 2021, superseding the 2012 MS4 Permit, and requires that LACFCD, the COUNTY, 85 cities within the coastal watersheds of Los Angeles County, Ventura County Watershed Protection District, the County of Ventura, and 10 cities within Ventura County comply with its prescribed elements; and
WHEREAS, the MS4 Permit identifies the PARTIES as MS4 permittees responsible for compliance with the MS4 Permit requirements pertaining to the PARTIES’ collective jurisdictional area in the Dominguez Channel Watershed Management Area as identified in Exhibit D of this MOA; and WHEREAS, the CITY and the cities of Carson, El Segundo, Hawthorne, Inglewood, Lawndale, Lomita, and LACFCD and the COUNTY formed the Dominguez Channel Watershed Management Group (DC WMG) to collaborate on the CIMP and the WMP in accordance with the MS4 Permit, and the CITY serves as the DC WMG Lead Agency; and
WHEREAS, the PARTIES desire to have the SBCCOG: (a) invoice and collect funds from each of the PARTIES to cover the costs of MONITORING SERVICES and WMP-RELATED TASKS and pay the CITY; (b) perform tasks identified in CONTRACT ADMINISTRATION in Exhibit A of this MOA; and
WHEREAS, the PARTIES desire to collaborate on the development of a WMP and CIMP in accordance with the MS4 Permit for a portion of the Dominguez Channel Watershed Management Area as identified in Exhibit D of this MOA to comply with all applicable monitoring requirements of the MS4 Permit; and WHEREAS, the WMP was submitted to the Regional Board by the PARTIES on June 25, 2015, and was approved by the Regional Board on April 20, 2016; and WHEREAS, a revised WMP was submitted to the Regional Board by the PARTIES on June 29, 2021 and is pending approval; and
WHEREAS, the first CIMP was submitted to the Regional Board by the PARTIES on April 18, 2016, and was approved by the Regional Board on July 1, 2016; and WHEREAS, a revised CIMP was submitted to the Regional Board by the PARTIES on March 11, 2023 and is pending approval; and
WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the estimated costs of the implementation of the CIMP and WMP; and WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit notwithstanding this MOA; and

WHEREAS, the PARTIES desire to have the SBCCOG: (a) invoice and collect funds from each of the PARTIES to cover the cost of MONITORING SERVICES and WMP-RELATED TASKS and pay the CITY; (b) perform tasks identified in CONTRACT ADMINISTRATION in Exhibit A of this MOA;
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOA, the PARTIES agree as follows:

Section 1. Recitals. The recitals set forth above are true and correct and fully incorporated into this MOA.

Section 2. Purpose. The purpose of this MOA is to cooperatively fund the MONITORING SERVICES and WMP-RELATED TASKS, as set forth in Exhibit A of this MOA.

Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes of this MOA.

Section 4. Voluntary. The PARTIES have voluntarily entered into this MOA for the implementation of the MONITORING SERVICES and WMP-RELATED TASKS and authorize the SBCCOG to administer the cost-sharing.

Section 5. Term. This MOA shall become effective on July 1, 2023 and shall remain in effect for three (3) years up to and including June 30, 2026. The MOA may be extended, through mutual agreement of the PARTIES.

Section 6. Commitment. Once effective, the PARTIES agree to uphold the promises contained in this MOA for the duration of the agreed upon term. The PARTIES agree that costs, expenses, fees, liabilities, and obligations incurred by the CITY in performing MONITORING SERVICES in accordance with Tables 2-2D(i) of Exhibit B and WMPRELATED TASKS in accordance with Tables 3-3B of Exhibit B prior to the execution date of this MOA but after July 1, 2023, shall be cost-shared under this Agreement according to the amounts specified in Exhibit B and shall be included in the first invoice.

Section 7. THE PARTIES AGREE:
a. Monitoring Services. The CITY will perform the MONITORING SERVICES as defined in Exhibit A.
b. WMP-Related Tasks. The CITY and the SBCCOG will perform the WMPRELATED TASKS, as defined in Exhibit A. c. Reporting. Each PARTY hereto authorizes the CITY to prepare and submit reports to the Regional Board as required by the MS4 Permit. In addition, the CITY will submit to the PARTIES the data used to prepare the reports. This data

will be transmitted electronically to all PARTIES and as requested by the Regional Board. The CITY will provide sufficient time to the PARTIES to review the prepared reports. The CITY shall consider incorporating such comments received and answering a PARTY’s questions to the best of its abilities prior to its submittal to the Regional Board.
d. Contract Administration. The SBCCOG will be responsible for CONTRACT ADMINISTRATION, as defined in Exhibit A.
e. Communication. To the extent the PARTIES have communications related to CONTRACT ADMINISTRATION as defined in Exhibit A, such communications shall be directed to the SBCCOG. Communications concerning MONITORING SERVICES and WMP-RELATED TASKS under this Agreement shall be directed to the DC WMG Lead Agency. Written notice will be provided to the PARTIES should contact information from the SBCCOG and/or the DC WMG Lead Agency change.
f. Contracting. The PARTIES contemplate that other individual NPDES permit holders may wish to participate in the MONITORING SERVICES without being a PARTY to this MOA. In the event that another NPDES permittee wants to participate in the MONITORING SERVICES, the SBCCOG may enter into an individual separate agreement with such individual NPDES permittee. The individual NPDES permittee will not become a PARTY to this MOA but will be responsible for its proportionate share of the costs for those MONITORING SERVICES. If other individual NPDES permit holders’ participation modifies the PARTIES’ proportionate cost share, each PARTY’s proportional payment obligation shall be modified administratively in Exhibit B.

Section 8. Invoicing and Payment
a. Invoicing. The SBCCOG will invoice all PARTIES, except the CITY, annually in amounts not exceeding the invoice amounts shown in Table 1 of Exhibit B. The annual invoices will be issued by the SBCCOG to the PARTIES in July of each calendar year for their proportional share of the estimated cost for MONITORING SERVICES and WMP-RELATED TASKS, including SBCCOG’s Contract Management Fee, for the fiscal year, as shown in Table 1 of Exhibit B. The first invoice will be issued in July 2023 or upon the execution of this Agreement, whichever is later. The PARTIES hereby acknowledge and ratify services performed on or after the earlier of July 1st, 2023 or the date of the last signature of the PARTIES that are performed in accordance with the terms and conditions of the MOA. Such services shall be included in the first invoice and reimbursable pursuant to this MOA. The CITY will invoice the SBCCOG for tasks performed, deducting the CITY’s cost portion for such tasks and the CITY’s cost portion for the SBCCOG’s Contract Management Fee. The CITY shall provide SBCCOG an

accounting of the MONITORING SERVICES, and any WMP-RELATED TASKS completed during each annual payment term consistent with the format as shown in Exhibit E.
b. Annual Payment. Each PARTY, excluding the CITY, shall pay the SBCCOG for their invoice within sixty (60) days of receipt of the invoice from the SBCCOG. c. Late Payment Penalty. Any payment that is not received within sixty (60) days following receipt of the invoice from SBCCOG shall be subject to a late payment of 10%. Interest on any late payments shall accrue at the rate of 1% per month for each month a payment is past due.
d. Delinquent Payments. A payment not made within three hundred and sixty-five (365) days after receipt of the invoice from the SBCCOG shall result in the SBCCOG notifying the Regional Board and the PARTIES that the delinquent PARTY is no longer a participating member of the CIMP or WMP. The PARTY shall be deemed to have withdrawn from this MOA and the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Table 1 of Exhibit B. Withdrawal shall not relieve a PARTY’s obligation to pay its proportionate share of costs that were due at the time of the deemed withdrawal.
e. Contingency. Each PARTY’s annual invoice will include a contingency of fifteen percent (15%) for MONITORING SERVICES and fifteen percent (15%) for WMPRELATED TASKS, as shown in Table 1 of Exhibit B. Contingency funds will be held by SBCCOG until such time as they are needed. Contingency funds that are used will be applied to each PARTY based on its proportional share. No PARTY will be obligated to pay for additional expenditures which exceed its contingency amounts without an amendment to this MOA.
i. Monitoring Services Contingency. The CITY shall have access to the MONITORING SERVICES Contingency, for paying for or otherwise implementing the MONITORING SERVICES defined in Exhibit A of this MOA. The CITY shall notify the PARTIES before use of the MONITORING SERVICES Contingency is appropriate or required as soon as practicable, but any failure to notify any PARTY or the PARTIES shall not alter, eliminate, or affect the CITY’s right to payment. The CITY will indicate the amount of MONITORING SERVICES Contingency used in its applicable invoice(s) to the SBCCOG for implementation of the MONITORING SERVICES. Should the CITY determine in its reasonable discretion that the MONITORING SERVICES Contingency not be necessary for MONITORING SERVICES, the PARTIES may administratively shift these funds to be used for WMP-RELATED TASKS and do so using the process defined in Section 9(c).

ii. WMP-Related Tasks Contingency. The PARTIES may utilize WMPRELATED TASKS Contingency to complete projects consistent with the WMP-RELATED TASKS defined in Exhibit A. To utilize WMP-RELATED TASKS Contingency, the DC WMG shall discuss the proposed activity and the DC WMG will come to a majority consensus, using the process defined in Section 9(c), as to whether to move forward with the use of WMP-RELATED TASKS Contingency and the process for implementation.

The SBCCOG shall utilize the WMP-RELATED TASKS Contingency to reimburse the entity responsible for administering the approved WMPRELATED TASK funded by the WMP-RELATED TASKS Contingency.

Should the WMP-RELATED TASKS Contingency not be necessary for WMP-RELATED TASKS, the PARTIES may administratively shift these funds to be used for MONITORING SERVICES, using the process defined in Section 9(c).
f. Shifting of Funds. The PARTIES may shift funds collected under this MOA between MONITORING SERVICES and WMP-RELATED TASKS
administratively, without an amendment to this MOA, provided that the overall amount does not exceed the total not-to-exceed amount of this MOA or a PARTY’S annual proportional cost, as set forth in Table 1 of Exhibit B, and if approved by a majority consensus, using the process defined in Section 9(c).

Should the CITY require a shift in funds between MONITORING SERVICES and WMP-RELATED TASKS in order to implement the MONITORING SERVICES and WMP-RELATED TASKS, it shall notify the SBCCOG before shifting these funds.
g. Contract Management Fee. The SBCCOG will receive a Contract Management Fee of $50,000 per year for administration of this MOA by the SBCCOG. Each PARTY will be assessed its proportionate share of the annual Contract Management Fee as shown in Table 4 of Exhibit B.
h. Reconciliation of this MOA. At the end of the MOA, the SBCCOG will provide the PARTIES with an accounting of actual expenditures, consistent with the format as shown in Exhibit E, within ninety (90) days. Any unexpended funds held by SBCCOG at the termination of this MOA will be rolled-over to cover expenses in any subsequent MOA. PARTIES may request in writing a refund or credit of any unexpended funds by the SBCCOG, in accordance with the distributed cost formula set forth in Table 1 of Exhibit B.

Section 9. THE PARTIES FURTHER AGREE:
a. Documentation. The PARTIES agree to promptly provide at no cost to the CITY all requested information and documentation in their possession that the CITY, in

its discretion, deems to be necessary or helpful for the performance of the MONITORING SERVICES and WMP-RELATED TASKS.
b. Access. During the term of this MOA on an as-needed basis, each PARTY shall allow the CITY or its contractor reasonable access and entry to land, facilities and structures owned, operated, or controlled by the PARTY, which access and entry are necessary or helpful for the CITY or its contractor to perform MONITORING SERVICES and WMP-RELATED TASKS (FACILITIES). The FACILITIES shall include but not be limited to the PARTY's storm drains, channels, catch basins, and similar, provided, however, that prior to entering any of the PARTIES’ FACILITIES, the CITY or its contractor, as applicable, shall provide seventy-two (72) hours’ advance written notice of entry to the applicable PARTY, or in the cases where seventy-two (72) hours’ advance written notice is not possible, such as in cases of unforeseen wet weather, the CITY or its contractor shall provide written notice to the applicable PARTY as early as reasonably possible. Any PARTY, including LACFCD, agrees to provide the CITY or its contractor a "no-fee" Access Permit to its FACILITIES. This Access Permit does not cover any fees that may be required for Construction Permits for the installation of permanent monitoring equipment. The CITY shall secure any required necessary permits prior to entry.
c. Consensus. The PARTIES agree that consensus in the DC WMG will be determined by a majority (50%) voting of the DC WMG members based on each PARTY’s percentage land area of the Watershed as shown in Exhibit D.

Consensus shall be reached using an e-mail vote of DC WMG members. Any PARTY that does not respond to a vote within five (5) business days shall be considered to support the majority consensus.
d. Participation. Each PARTY shall designate an individual to provide representation at the DC WMG that is authorized to provide official input on behalf of the PARTY. Each PARTY shall ensure that a representative attends the DC WMG meetings and, if necessary, responds to e-mail communication. e. Additional Activities. The PARTIES agree that additional activities may arise in the course of implementing this MOA, and there may be interest in utilizing funds collected through this MOA or pursuing additional funds, including but not limited to the Safe Clean Water Program, to complete those projects. The DC WMG, led by the DC WMG Lead Agency, shall discuss and determine additional activities to be completed and the implementation approach to completing those projects.

The DC WMG will determine which activities to pursue in accordance with the consensus process defined in Section 9(c). Any other PARTY that does not desire to participate in an additional activity can submit a written request to the SBCCOG that they do not desire to be part of the activity. The non-participating PARTY will not be responsible for its proportionate share of funds to complete

the additional project, and the cost will be recalculated amongst the remaining PARTIES.

Section 10. Indemnification. Each PARTY shall indemnify, defend, and hold harmless each other PARTY, on a pro rata basis, including its special districts, their member agencies, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to, demands, claims, actions, fees, costs, and expenses (including reasonable attorneys and expert witness fees), arising from or connected with this MOA; provided, however, that no PARTY shall indemnify another PARTY for that PARTY’s own negligence or willful misconduct.

Section 11. Termination
a. Noticing. Any PARTY may withdraw from this MOA for any reason, in whole or part, by giving the SBCCOG and the Regional Board thirty (30) days written notice thereof. Withdrawing PARTIES shall remain wholly responsible for their proportional share of the costs of MONITORING SERVICES and WMPRELATED TASKS for any fiscal year for which the PARTY has not withdrawn.

Withdrawing PARTIES shall not be entitled to any refunds. Each PARTY shall also be responsible for the payment of its own fines, penalties or costs incurred as a result of the non-performance of the CIMP and/or WMP. Upon withdrawal by the SBCCOG, the PARTIES shall meet and confer to designate an alternate organization to accept the SBCCOG's responsibilities under this MOA. b. Default. If a PARTY fails to comply with any of the terms or conditions of this MOA, that PARTY shall forfeit its rights to the work completed through this MOA, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default.
c. Equipment Ownership. Devices such as automatic sampling stations - inclusive of a cabinet, sampling equipment, ancillary devices, power supplies (EQUIPMENT) may be installed to implement the CIMP. Any PARTY voluntarily terminating membership will not be entitled to a refund for the portion of the share paid to acquire and to operate the EQUIPMENT nor for the remaining value of the EQUIPMENT, if any. The operational life of such EQUIPMENT is approximately seven years, and after which it may be obsolete or may require major remodel or replacement of electrical and mechanical components costing equivalent to a purchase of a new EQUIPMENT. The remaining PARTIES agree to own, operate and maintain and or replace the EQUIPMENT.

Section 12. General Provisions
a. Notices. Any notices, bills, invoices, or reports relating to this MOA, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth in Exhibit C attached hereto and incorporated herein by reference. PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit C. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by e-mail; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit C. b. Administration. For the purposes of this MOA, the PARTIES and SBCCOG hereby designate as their respective representatives the persons named in Exhibit C. The designated representatives, or their respective designees, shall administer the terms and conditions of this MOA on behalf of their respective entities. Each of the persons signing below on behalf of a PARTY or the SBCCOG represents and warrants that he or she is authorized to sign this MOA on behalf of such entity.
c. Relationship of the Parties. The PARTIES to this MOA are, and shall at all times remain as to each other, wholly independent entities. No PARTY shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this MOA. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY.
d. Amendment. The terms and provisions of this MOA may not be amended, modified, or waived, except by an instrument in writing signed by all nondelinquent PARTIES and the SBCCOG. Such amendments may be executed by those individuals listed in Exhibit C or by a person authorized to execute such amendment on behalf of each PARTY.
e. Law to Govern. This MOA is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. In the event of litigation related to this MOA, venue in the State Superior Court or Federal District Court shall lie exclusively in the County of Los Angeles. f. No Presumption in Drafting. The PARTIES to this MOA agree that the general rule that an MOA is to be interpreted against the PARTY drafting it, or causing it to be prepared shall not apply.

g. Severability. If any provision of this MOA shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOA shall not be affected, and this MOA shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOA. h. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES to this MOA with respect to the subject matter hereof.
i. Waiver. Waiver by any PARTY to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to this MOA of any breach of the provisions of this MOA shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOA. j. Counterparts. This MOA may be executed in any number of counterparts, which execution may be by electronic means as defined in Civil Code section 1633.2 and each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOA. k. All PARTIES to this MOA have been represented by counsel in the preparation and negotiation of this MOA. Accordingly, this MOA shall be construed according to its fair language.

IN WITNESS WHEREOF, the PARTIES have caused this MOA to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES:

COUNTY OF LOS ANGELES
By
Mark Pestrella, Director of Public Works Date
APPROVED AS TO FORM:

Dawyn R. Harrison
County Counsel
By
Deputy Date

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
Mark Pestrella, Chief Engineer Date
APPROVED AS TO FORM:

Dawyn R. Harrison
County Counsel
By
Deputy Date

CITY OF CARSON
By
David C. Roberts
City Manager
Date
ATTEST:

By
Dr. Khaleah K. Bradshaw
City Clerk
APPROVED AS TO FORM:

By
City Attorney Date

CITY OF EL SEGUNDO
By
Darrell George
City Manager
Date
ATTEST:

By
Tracy Weaver
City Clerk
APPROVED AS TO FORM:

By
Mark D. Hensley
City Attorney
Date

CITY OF LAWNDALE
By
Sean M. Moore
City Manager
Date
ATTEST:

By
Erica Harbison
City Clerk
APPROVED AS TO FORM:

By
Gregory Murphy
City Attorney
Date

CITY OF LOS ANGELES
Date: ___________________ By: _________________________ Aura Garcia, President
Board of Public Works
ATTEST:
_________________________
Holly Wolcott
Interim City Clerk
APPROVED AS TO FORM:

Hydee Feldstein Soto
City Attorney
By: _________________________
Adena M. Hopenstand
Deputy City Attorney

CITY OF HAWTHORNE
By
Vontray Norris
City Manager
Date
ATTEST:

By
Dayna Williams-Hunter
City Clerk
APPROVED AS TO FORM:

By
Robert Kim
City Attorney
Date

CITY OF INGLEWOOD
By
James T. Butts, Jr.

Mayor
Date
ATTEST:

By
Aisha L. Thompson
City Clerk
APPROVED AS TO FORM:

By
Kenneth R. Campos
City Attorney
Date

CITY OF LOMITA
By
Barry M. Waite
Mayor
Date
ATTEST:

By
Kathleen Horn-Gregory
City Clerk
APPROVED AS TO FORM:

By
Trevor Rusin
City Attorney
Date

South Bay Cities Council of Governments
Date: ___________________ By: _________________________

ATTEST:

By: _________________________
APPROVED AS TO FORM:

By: _________________________

Counsel for the SBCCOG

EXHIBIT A
MOA Scope of Work
The purpose of this MOA is to facilitate compliance by the DC WMG with the MS4 Permit. The tasks below outline the broadly-expected work anticipated to comply with the Permit.

MONITORING SERVICES
This includes any and all tasks required to comply with the monitoring requirements established in the MS4 Permit and associated documents. This includes but is not limited to implementation of the DC CIMP (Coordinated Integrated Monitoring Program), which includes but is not limited to the following activities:
• Receiving Water Monitoring
• Stormwater Outfall Monitoring
• Non-Stormwater Outfall Monitoring
• Urban Lakes Monitoring
• Data Management
• Capital, Operation, and Maintenance Activities
• Purchasing, maintaining, and replacing equipment (capital costs) necessary for monitoring activities
• Development of the monitoring sections to be included in the Annual Report (e.g., trends analysis, Total Maximum Daily Load (TMDL) attainment, summary of monitoring activities)
• Annual Reconciliation of the MONITORING SERVICES under the MOA • This work may include additional activities and requirements based upon the March 2023 CIMP revisions, any other future CIMP revision, and subsequent requirements set by the Regional Board.

The CITY is responsible for completing the MONITORING SERVICES in this MOA, including by utilizing consultant support services.

WMP-RELATED TASKS
This includes any and all tasks required to comply with the MS4 Permit, as well as other work that is determined to advance the Parties’ efforts in complying with the MS4 Permit. The DC WMG is required to complete the following activities as part of the DC Watershed Management Program (WMP). This includes but is not limited to the sub-tasks defined below:
• Annual Reporting (including the WMP Progress Report)
• Report of Waste Discharge (ROWD)
• Adaptive Management
• WMP Revisions
• Website management (lastormh2o.org)
• California Stormwater Quality Association (CASQA) Membership Contracts regarding WMP-RELATED TASKS will be administered by the SBCCOG utilizing a consultant(s) selected in coordination with the DC WMG, unless otherwise determined by the DC WMG. The lead agency of the DC WMG will provide subject-matter expertise and project

management support to the SBCCOG and its consultant(s) for the purposes of completing this task.

CONTRACT ADMINISTRATION
This includes any and all tasks associated with administering this MOA, including but not limited to the following:
• Facilitate the development of agreements and subsequent amendments for the DC WMG
• Manage procurements, contracting, and contract administration for consultants and contractors, with the DC WMG Lead Agency providing subject-matter expertise and project management support. This could include establishing and managing a bench of technical consultants that could be utilized by any Party. • Distribute invoices and collect payment from Parties
• Pay invoices from the CITY, upon receipt of invoice, as established in section 8(a) of the MOA
• Manage the MOA budget in coordination with the DC WMG Lead Agency • Facilitate the preparation of DC WMG administrative procedures by DC WMG and ensure compliance with these procedures
• Annual Reconciliation of WMP-related tasks under the MOA The CONTRACT ADMINISTRATION tasks will be completed by SBCCOG.

Additional tasks may be identified in the process of complying with the MS4 Permit, at which point the DC WMG would determine the optimal approach to ensuring that the DC WMG remains in compliance with any and all aspects of the MS4 Permit and its associated documents.

EXHIBIT B
MOA Cost Estimate Tables
Table 1. CIMP/WMP Implementation Invoicing Schedule ..................................................... 24 Table 2. Distribution of Total CIMP Implementation Costs................................................... 24 Table 2A. Distribution of Universal CIMP Costs (Shared Items) ............................... 25 Table 2A(i). Universal CIMP Costs (Shared Items).......................................................... 25 Table 2B. Distribution of Dominguez Channel Watershed Monitoring Costs ......... 26 Table 2B(i). Dominguez Channel Watershed Monitoring Costs....................................... 26 Table 2C. Distribution of Machado Lake Watershed Monitoring Costs ................... 27 Table 2C(i). Machado Lake Watershed Monitoring Costs................................................ 27 Table 2D. Distribution of LA Harbor Watershed Monitoring Costs........................... 28 Table 2D(i). LA Harbor Watershed Monitoring Costs....................................................... 28 Table 3. Distribution of WMP Implementation Costs ............................................................ 29 Table 3A. WMP Implementation Costs ......................................................................... 29 Table 3B. Distribution of CASQA Membership Fees .................................................. 30 Table 4. Distribution of SBCCOG Contract Management Fees............................................ 30

Table 1. CIMP/WMP Implementation Invoicing Schedule
Agency July 2023 July 2024 July 2025 Total Invoiced (3 years) Total Cost of DC MOA $1,187,607 $1,130,042 $1,471,697 $3,789,346 LACFCD $56,258 $55,291 $72,552 $184,101
City of Los Angeles $477,047 $453,843 $579,776 $1,510,666 County of Los Angeles $162,863 $154,571 $203,613 $521,047 City of Carson $249,069 $236,327 $312,456 $797,852
City of El Segundo $18,692 $17,639 $25,242 $61,573
City of Hawthorne $58,095 $54,827 $78,454 $191,376
City of Inglewood $57,980 $54,718 $78,298 $190,996
City of Lawndale $18,801 $17,743 $25,389 $61,933
City of Lomita $88,802 $85,083 $95,917 $269,802
Note:

Total Cost = Total CIMP (Table 2) + Total WMP (Table 3) + SBCCOG Fee (Table 4) Table 2. Distribution of Total CIMP Implementation Costs Agency Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26 Total over 3 years
Total Estimated Cost of CIMP $873,000 $842,000 $884,000 $2,599,000 LACFCD $51,113 $50,100 $52,598 $153,811
City of Los Angeles $358,996 $345,943 $363,199 $1,068,138 County of Los Angeles $115,628 $111,398 $116,956 $343,982 City of Carson $175,536 $169,117 $177,553 $522,206
City of El Segundo $11,010 $10,618 $11,149 $32,777
City of Hawthorne $34,219 $33,004 $34,651 $101,874
City of Inglewood $34,152 $32,939 $34,582 $101,673
City of Lawndale $11,075 $10,681 $11,213 $32,969
City of Lomita $81,271 $78,200 $82,099 $241,570
Note:

Total Cost = Universal Costs (Shared Items) + Dominguez Channel Watershed Costs + Machado Lake Watershed Costs + LA Harbor Costs.

Table 2A. Distribution of Universal CIMP Costs (Shared Items) Agency Area
(acres)
% of
Total
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26 Total over 3 years
Universal Costs (shared) 50,444.88 100% $427,770 $412,580 $433,160 $1,273,510 LACFCD1-- -- $21,388 $20,629 $21,658 $63,675
City of Los Angeles 19,243.21 38.15% $155,022 $149,518 $156,976 $461,516 County of Los Angeles 7,699.69 15.26% $62,028 $59,826 $62,810 $184,664 City of Carson 11,986.38 23.76% $96,562 $93,133 $97,778 $287,473 City of El Segundo 1,252.18 2.48% $10,088 $9,729 $10,215 $30,032 City of Hawthorne 3,891.93 7.72% $31,353 $30,240 $31,748 $93,341 City of Inglewood 3,884.28 7.70% $31,292 $30,180 $31,686 $93,158 City of Lawndale 1,259.51 2.50% $10,147 $9,786 $10,274 $30,207 City of Lomita 1,227.70 2.43% $9,890 $9,539 $10,015 $29,444 1 LACFCD is responsible for 5% of the Universal Costs, which is subtracted before distributing the cost among the other agencies.

Table 2A(i). Universal CIMP Costs (Shared Items)
CIMP Monitoring Component Fiscal Year 23-24 Fiscal Year 24-25 Fiscal Year 25-26 Labor $50,000 $45,000 $50,000
Laboratory Analysis $153,152 $142,642 $147,406
Laboratory Data Handling Fee (15%) $22,973 $21,396 $22,111 Laboratory Analysis –
Toxicity Identification Evaluation (TIEs) $40,000 $40,000 $40,000 Contract Services $70,000 $70,000 $70,000
Equipment $18,136 $15,373 $14,082
Administrative Fee (5%) $17,713 $16,721 $17,180
Sub-Total $371,974 $351,132 $360,779
Annual Escalation (2.5%) -- $8,778 $18,264
Contingency (15%) $55,796 $52,670 $54,117
Total $427,770 $412,580 $433,160

Table 2B. Distribution of Dominguez Channel Watershed Monitoring Costs Agency Area
(acres)
% of Total
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26 Total over 3 years
DC Watershed
Monitoring 33,785.82 100% $26,190 $25,260 $26,520 $77,970 LACFCD1-- -- $1,309 $1,264 $1,326 $3,899
City of Los Angeles 5,986.68 38.15% $4,409 $4,252 $4,464 $13,125 County of Los Angeles 6,755.80 15.26% $4,975 $4,798 $5,038 $14,811 City of Carson 10,755.44 23.76% $7,921 $7,639 $8,020 $23,580 City of El Segundo 1,252.18 2.48% $922 $889 $934 $2,745 City of Hawthorne 3,891.93 7.72% $2,866 $2,764 $2,903 $8,533 City of Inglewood 3,884.28 7.70% $2,860 $2,759 $2,896 $8,515 City of Lawndale 1,259.51 2.50% $928 $895 $939 $2,762
1 LACFCD is responsible for 5% of the Dominguez Channel Watershed Cost, which is subtracted before distributing the cost among the other agencies.

Table 2B(i). Dominguez Channel Watershed Monitoring Costs CIMP Monitoring Component Fiscal Year 23-24 Fiscal Year 24-25 Fiscal Year 25-26 Labor $5,000 $5,000 $5,000
Laboratory Analysis $9,377 $8,453 $9,020
Laboratory Data Handling Fee (15%) $1,407 $1,268 $1,353 Laboratory Analysis –
Toxicity Identification Evaluation (TIEs) -- -- --
Contract Services $5,000 $5,000 $5,000
Equipment $906 $753 $664
Administrative Fee (5%) $1,084 $1,024 $1,052
Sub-Total $22,774 $21,498 $22,089
Annual Escalation (2.5%) -- $537 $1,118
Contingency (15%) $3,416 $3,225 $3,313
Total $26,190 $25,260 $26,520

Table 2C. Distribution of Machado Lake Watershed Monitoring Costs Agency Area
(acres)
% of Total
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26 Total over 3 years
Machado Lake
Watershed Monitoring1
5,228.39 100% $323,883 $311,540 $327,080 $962,503
LACFCD2-- -- $16,194 $15,577 $16,354 $48,125
City of Los Angeles 1,998.43 38.22% $117,607 $113,125 $118,768 $349,500 County of Los Angeles 809.66 15.49% $47,648 $45,832 $48,119 $141,599 City of Carson 1,207.37 23.09% $71,053 $68,345 $71,755 $211,153 City of Lomita 1,212.93 23.20% $71,381 $68,661 $72,084 $212,126 Wilmington Drain Bed Sediment Monitoring
(LACFCD)3
$7,857 $8,420 $8,840 $25,117
1 Machado Lake Watershed Monitoring includes: In-Lake monitoring for the Nutrients & Toxics TMDLs, Non-Stormwater Outfall Monitoring, Stormwater Outfall Monitoring in Project 510 and 77 drains, and Dry & Wet Weather monitoring in Wilmington Drain. 2 LACFCD is responsible for 5% of Machado Lake Watershed Monitoring cost which is subtracted before distributing the cost among the other agencies.
3 LACFCD is responsible for 100% of Wilmington Drain Bed Sediment Monitoring.

Table 2C(i). Machado Lake Watershed Monitoring Costs
CIMP Monitoring Component Fiscal Year 23-24 Fiscal Year 24-25 Fiscal Year 25-26 Labor $45,000 $40,000 $45,000
Laboratory Analysis $170,521 $164,065 $166,784
Laboratory Data Handling Fee (15%) $25,578 $24,610 $25,018 Laboratory Analysis –
Toxicity Identification Evaluation (TIEs) -- -- --
Contract Services $20,000 $20,000 $20,000
Equipment $13,634 $10,664 $9,663
Administrative Fee (5%) $13,737 $12,967 $13,323
Sub-Total $288,470 $272,306 $279,788
Annual Escalation (2.5%) -- $6,808 $14,164
Contingency (15%) $43,270 $40,846 $41,968
Total $331,740 $319,960 $335,920

Table 2D. Distribution of LA Harbor Watershed Monitoring Costs Agency Area (acres) % of Total
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26
Total over 3
years
LA Harbor Monitoring 11,392.33 100% $87,300 $84,200 $88,400 $259,900 LACFCD1 -- -- $4,365 $4,210 $4,420 $12,995
City of Los Angeles 11,258.10 98.82% $81,958 $79,048 $82,991 $243,997 County of Los Angeles 134.23 1.18% $977 $942 $989 $2,908 1 LACFCD is responsible for 5% of the LA Harbor Cost, which is subtracted before distributing the cost among the other agencies.

Notes:

LA Harbor Monitoring includes the cost of monitoring the Main Ship Channel (HW-07).

Monitoring for the LA Harbor Bacteria TMDL at Cabrillo Beach (CB-01 and CB-02) is the sole responsibility of City of Los Angeles.

Monitoring for the Greater Harbors portion of the Dominguez Channel Toxics TMDL is funded under a separate MOA.

The cities of Carson (23.57 ac) and Lomita (14.77 ac) have small portions of land within the LA Harbor sub-watershed; but are not included in the cost sharing.

Table 2D(i). LA Harbor Watershed Monitoring Costs
CIMP Monitoring Component Fiscal Year 23-24 Fiscal Year 24-25 Fiscal Year 25-26 Labor $10,000 $10,000 $10,000
Laboratory Analysis $54,172 $50,650 $52,281
Laboratory Data Handling Fee (15%) $8,126 $7,598 $7,842 Laboratory Analysis –
Toxicity Identification Evaluation (TIEs) -- -- --
Contract Services -- -- --
Equipment -- -- --
Administrative Fee (5%) $3,615 $3,412 $3,506
Sub-Total $75,913 $71,660 $73,629
Annual Escalation (2.5%) -- $1,791 $3,727
Contingency (15%) $11,387 $10,749 $11,044
Total $87,300 $84,200 $88,400

Table 3. Distribution of WMP Implementation Costs
Agency Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26 Total over 3 years
Total Estimated Cost of WMP1 $264,607 $238,042 $537,697 $1,040,346 LACFCD2 $2,645 $2,691 $17,454 $22,790
City of Los Angeles $99,931 $89,780 $198,457 $388,168
County of Los Angeles $39,985 $35,923 $79,407 $155,315
City of Carson $62,246 $55,923 $123,616 $241,785
City of El Segundo $6,503 $5,842 $12,914 $25,259
City of Hawthorne $20,211 $18,158 $40,138 $78,507
City of Inglewood $20,171 $18,122 $40,059 $78,352
City of Lawndale $6,540 $5,876 $12,990 $25,406
City of Lomita $6,375 $5,727 $12,662 $24,764
1 Total Cost = WMP Implementation (Table 3A) + CASQA Membership Fees (Table 3B) 2 LACFCD is responsible for 5% of WMP Revision/RAA/Adaptive Management + Special Studies/Projects (including Program Management, Annual Escalation, and Contingency), which is subtracted before distributing the cost among the other agencies.

LACFCD does not participate in the cost of the other WMP components.

Table 3A. WMP Implementation Costs
WMP Component Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26 Total over 3 years
Semi-Annual Progress Report (June) $35,000 $35,000 $35,000 $105,000 Annual Reporting Package (December)1 $75,000 $75,000 $75,000 $225,000 WMP Revision/RAA/Adaptive Management -- -- $215,000 $215,000 Report of Waste Discharge (ROWD) $24,000 -- -- $24,000
Special Studies/Projects $40,000 $40,000 $40,000 $120,000 Program Management (15%) $26,100 $22,500 $54,750 $103,350 Sub-Total $200,100 $172,500 $419,750 $792,350
Annual Escalation (2%) -- $3,450 $16,958 $20,408
Contingency (15%) $30,015 $25,875 $62,962 $118,852
Total $230,115 $201,825 $499,670 $931,610
1 Annual Reporting Package includes semi-annual WMP Progress Report.

Table 3B. Distribution of CASQA Membership Fees
Agency1 Area
(acres)
% of Total
Area
Fiscal Year
23-24
Fiscal Year
24-25
Fiscal Year
25-26 Total over 3 years
Total CASQA Fees2 50,444.88 100% $34,492 $36,217 $38,027 $108,736 City of Los Angeles 19,243.21 38.15% $13,158 $13,816 $14,506 $41,480 County of Los Angeles 7,699.69 15.26% $5,265 $5,528 $5,804 $16,597 City of Carson 11,986.38 23.76% $8,196 $8,606 $9,035 $25,837 City of El Segundo 1,252.18 2.48% $856 $899 $944 $2,699 City of Hawthorne 3,891.93 7.72% $2,661 $2,794 $2,934 $8,389 City of Inglewood 3,884.28 7.70% $2,656 $2,789 $2,928 $8,373 City of Lawndale 1,259.51 2.50% $861 $904 $950 $2,715
City of Lomita 1,227.70 2.43% $839 $881 $926 $2,646
1 LACFCD retains its own separate CASQA membership.
2 Assumes 5% annual escalation.

Table 4. Distribution of SBCCOG Contract Management Fees Agency Area (acres) % of Total
Area
Fiscal
Year
23-24
Fiscal
Year
24-25
Fiscal
Year
25-26
Total over 3 years
Total SBCCOG Fees 50,444.88 100% $50,000 $50,000 $50,000 $150,000 LACFCD1 -- -- $2,500 $2,500 $2,500 $7,500
City of Los Angeles 19,243.21 38.15% $18,120 $18,120 $18,120 $54,360 County of Los Angeles 7,699.69 15.26% $7,250 $7,250 $7,250 $21,750 City of Carson 11,986.38 23.76% $11,287 $11,287 $11,287 $33,861 City of El Segundo 1,252.18 2.48% $1,179 $1,179 $1,179 $3,537 City of Hawthorne 3,891.93 7.72% $3,665 $3,665 $3,665 $10,995 City of Inglewood 3,884.28 7.70% $3,657 $3,657 $3,657 $10,971 City of Lawndale 1,259.51 2.50% $1,186 $1,186 $1,186 $3,558 City of Lomita 1,227.70 2.43% $1,156 $1,156 $1,156 $3,468 1 LACFCD is responsible for 5% of the Total SBCCOG Fee, which is subtracted before distributing the cost among the other agencies.

EXHIBIT C
Dominguez Channel WMP/CIMP Responsible Agencies Representatives and SBCCOG Contact
Agency Address Agency Contact
City of Los Angeles
Department of Public Works
Bureau of Sanitation, Watershed
Protection Division
1149 S. Broadway
Los Angeles, CA 90015
Alfredo Magallanes
E-mail: [email protected]
Phone: (213) 485-3958
County of Los Angeles
Department of Public Works
Stormwater Quality Division,
Building A-9 East, 1
st Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Mark Lombos
E-mail: [email protected]
Phone: (626) 300-4665
Los Angeles County Flood Control District
Department of Public Works
Stormwater Quality Division,
Building A-9 East, 1
st Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Jalaine Verdiner
E-mail: [email protected]
Phone: (626) 300-4666
City of Carson
Office of the City Manager
701 E. Carson Street
Carson, CA 90749
David C. Roberts, City Manager
E-mail: [email protected]
Phone: (310) 310-952-1730
Roland Jen
E-mail: [email protected]
Phone: (310) 952-1700 ext. 1814
City of El Segundo
350 Main Street
El Segundo, CA 90245-3895
Lifan Xu
E-mail: [email protected]
Phone: (310) 524-2368
City of Hawthorne
4455 West 126th Street
Hawthorne, CA 90250-4482
Heecheol Kwon
E-mail: [email protected]
Phone: (310) 349-2980
Akbar Farokhi, Public Works Director
E-mail: [email protected]
Phone: (310) 349-2985

City of Inglewood
1 W. Manchester Blvd., 3
rd Floor
Inglewood, CA 90301-1750
Lauren Amimoto
E-mail: [email protected]
Phone: (310) 412-5192
Thomas Lee
E-mail: [email protected]
Phone: (310) 412-5333
City of Lawndale
Office of the City Manager
14717 Burin Avenue
Lawndale, CA 90260
Sean M. Moore
E-mail: [email protected]
Phone: (310) 371-3202
Fax: (310) 371-8877
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
Ryan Smoot, City Manager
E-mail: [email protected]
Phone: (310) 325-7110 ext. 115
Fax: (310) 325-4024
South Bay Council of Governments
20285 S. Western Ave., #100
Torrance, CA 90501
Jacki Bacharach, Executive Director
E-mail: [email protected]
Phone: (310) 293-2612

EXHIBIT D
Dominguez Channel Watershed Management Area Group

EXHIBIT E
Reconciliation Template
[the line items shown in this Exhibit are placeholders and are subject to change]

CIMP & WMP RECONCILIATION
MONITORING SERVICES FY 23-24 FY 24-25 FY 25-26 Total
Budget (MOA) $
Actual $
Balance $
WMP-RELATED TASKS Budget
(MOA)
Actual
(To Date) Balance
Semi-Annual Progress Report $
Annual Reporting Package $
WMP Revision/RAA/Adaptive Management $
Report of Waste Discharge (ROWD) $
Special Studies/Projects $
Total $

IIP CONTRACTS
NPDES Permittee Contract Amount Balance
$

AGENDA ITEM NO. 20

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Hawthorne Jim Thorpe Park and City Hall Council Chambers Lighting Project (Project #23-07) - Out to Bid.

RECOMMENDED MOTION:

Staff Recommends that the City Council approve the Plans and Specifications and authorize the Director of Public Works to advertise for construction bids with a return date of June 13, 2023 DISCUSSION:

Provide all services, labor, materials, permits, insurance, tools and equipment needed, in accordance with the Plan and Specifications to successfully and safely complete the lighting retrofits at City of Hawthorne Jim Thorpe Park located at 14100 Prairie Ave, Hawthorne, CA 90250, and retrofitting at City of Hawthorne City Hall Council Chambers located at 4455 W 126th St, Hawthorne, CA 90250
FISCAL IMPACT:

None. The project cost will be funded through Energy Efficiency & Conservation Block Grant (EECBG) Program
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Notice of Inviting Bids

i

CITY OF HAWTHORNE

NOTICE INVITING BIDS
(A Cash Contract)
Pursuant to statute and to the authorization by the City Council of the City of Hawthorne, California, and on file in the office of the City Clerk of said city, notice is hereby given that sealed proposals will be received by the City Clerk of the City of Hawthorne, California in the City Clerk’s office in City Hall, 4455 W. 126th Street, Hawthorne, CA 90250, until 4:00 P.M. on TUESDAY, JUNE 13, 2023.

Proposals will be publicly opened and recorded on a Bid List at 4:15 P.M. of the same day in the City Clerk's office.

Bidders, as well as the general public, are invited to view this proceeding.

Proposals will be read at a meeting of the City Council at 6:00 P.M. on TUESDAY, JUNE 13, 2023 for the following:

HAWTHORNE JIM THORPE PARK AND CITY HALL COUNCIL CHAMBERS

LIGHTING PROJECTS
(Project # 23-07)
JIM THORPE PARK: 14100 PRAIRIE AVENUE, HAWTHORNE, CA 90250 CITY HALL COUNCIL CHAMBERS: 4455 W 126th STREET, HAWTHORNE, CA 90250

SCOPE OF WORK
Provide all services, labor, materials, permits, insurance, tools and equipment needed, in accordance with the Plan and Specifications to successfully and safely complete the lighting retrofits at City of Hawthorne Jim Thorpe Park located at 14100 Prairie Ave, Hawthorne, CA 90250, and retrofitting at City of Hawthorne City Hall Council Chambers located at 4455 W 126th St, Hawthorne, CA 90250.

BASE BID

ITEM APPROXIMATE

QUANTITY DESCRIPTION

1. 2.

Lump Sum
Lump Sum
Procure and install (80) light fixtures at Jim Thorpe Park. Plus, all other Lump Sum aspects of the Project as specified, including hardware, warranty, permits etc.

Procure and Install (1) 400A electrical service panel at Jim Thorpe Park. Plus, all other Lump Sum aspects of the Project as specified, including hardware, warranty, permits etc.

3. Lump Sum
Procure and install (75) light fixtures and (1) light dimming system in City Council Chambers. Plus, all other Lump Sum aspects of the Project as specified, including hardware, warranty, permits etc.

4. Lump Sum Procure and install (4) televisions: Remove existing projector screens and Install (2) New 75 inch to 80 inch televisions in the
City Council Chambers, Procure and Install (2) New 45 inch television on the outside of the City Hall Council Chambers. Center existing television in front of speaker podium. Plus, all other Lump Sum aspects of the Project as specified, including hardware, warranty, permits etc.
ii

5. Lump Sum Remove and Dispose Existing Projector Screens and Procure and Install (3) New Electronic Voting Boards in the City Hall Council Chambers. Plus, all other Lump Sum aspects of the Project as specified, including hardware, warranty, permits etc.

CLASSIFICATION CONTRACTORS
Contractors bidding this project must possess a valid State of California "C10” Contractors' License on file with the California Department of Consumer Affairs. The successful bidder shall be licensed as required by law, and consistent with the contract documents, at the time the contract is awarded.

PRE-BID JOB WALK - MANDATORY
A pre-bid meeting/job walk will be conducted at Jim Thorpe Park and City Hall on Tuesday, May 30, 2023, at 10:00 a.m. The job walk will start at Jim Thorpe Park located at 14100 Prairie Ave Hawthorne, CA 90250 and end at City Hall located at 4455 W. 126th St Hawthorne, CA 90250. All Bidders shall sign a Sign-In sheet at the job walk.

All Bidders’ questions will be answered at this time or by addenda. In addition, Bidders will have the opportunity to tour the proposed improvement and have an opportunity to talk to the City’s Consultant and City’s staff concerning any aspect of the job or the site. BIDS WILL BE NULL AND VOID IF CONTRACTOR DOES NOT ATTEND THIS PRE-BID JOB WALK.

SUBMISSION OF PROPOSALS
Original proposals must be submitted on the blank forms prepared and furnished for that purpose, which may be obtained at the Department of Public Works, Engineering Division (2nd Floor), Hawthorne City Hall, 4455 West 126th Street, Hawthorne, CA 90250, phone (310) 349-2980. Bidders may also obtain copies of the Plans and Specifications for the contemplated work at this same location.

No bid will be considered unless it conforms to the Proposal Requirements and Conditions. The City Council of the City of Hawthorne, also referred to as the City, reserves the right to reject any and all proposals. Bids must be returned in the special envelopes provided, marked "SEALED BIDS," and addressed to the City Clerk.

Each bid shall be accompanied by bid security in the form of a bid bond, cashier’s check, certified check, or in the amount of 10% of the total bid amount. All cashier’s checks or certified checks must be drawn on a responsible bank doing business in the State of California and shall be made payable to the City of Hawthorne. Bid bonds must be issued by an admitted surety insurer licensed to do business in the State of California. Bids not accompanied by the required bid security will be rejected. Personal or company checks are not acceptable unless certified. The City shall return bid security of unsuccessful bidders when the successful bidder (“Contractor”) enters into the Contract with the City.

A list of subcontractors shall be submitted with the bid on the form provided by the City.

Each bidder must supply all information required by the bid documents and specifications.

WAGES AND EQUAL EMPLOYMENT OPPORTUNITY
Pursuant to the provision of Section 1770 through 1780, inclusive, of the Labor Code of the State of California, the City Council has ascertained the general prevailing rate of per diem wages for each craft or type of worker needed to execute the proposed contract, and it will be required that not less than said rates be paid to all such workers employed or engaged in the work.

In addition to the Contractor’s obligations as to minimum wages rates, the Contractor shall abide by all other provisions and requirements stipulated in Sections 1770-1780, inclusive, of the Labor Code of the State of California, including, iii
but not limited to, those dealing with the employment of registered apprentices. The responsibility of compliance with Section 1777.5 of the Labor Code shall be with the prime contractor.

NONDISCRIMINATION
In performance of the terms of this contract, the Contractor shall not engage in, nor permit such subcontractors as he may employ from engaging in, discrimination in employment of persons because of the race, color, place of national origin or ancestry, sex, age, sexual orientation, or religion of such persons.

PERFORMANCE RETENTIONS
The successful bidder will be required to provide for performance security as provided by law. Requirements for performance retentions may be satisfied by deposit or securities specified in Section 16430 of the Government Code, and in accordance with Section 223001 of the Public Contract Code.

PROJECT INFORMATION
Plans and Specifications are available for purchase at Hawthorne City Hall, Department of Public Works, Engineering Division (second floor), 4455 West 126th Street, Hawthorne, CA 90250 (310) 349-2980
NOTE TO PROSPECTIVE BIDDERS: THE COST OF PLANS AND SPECIFICATIONS IS $50.00 (non-refundable). AN ADDITIONAL $25.00 WILL BE CHARGED IF MAILING IS NECESSARY, OR $50.00 IF FEDERAL EXPRESS MAILING OPTION IS REQUIRED.

If you have questions and/or need clarification regarding this project, please contact German Franco in the Department of Public Works, Engineering Division, at telephone number (310) 349-2997 or at [email protected]

THE CITY OF HAWTHORNE RESERVES THE RIGHT TO REJECT ANY BID OR ALL BIDS AND TO WAIVE ANY INFORMALITY OR IRREGULARITY IN ANY BID. ANY CONTRACT AWARDED WILL BE LET TO THE LOWEST, QUALIFIED, RESPONSIVE AND RESPONSIBLE BIDDER.

AGENDA ITEM NO. 21

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Agreement between the City of Hawthorne and Labib Funk and Associates for Structural/Civil Engineering Services on an as needed basis.

RECOMMENDED MOTION:

Staff Recommends that the City Council approve an agreement with Labib Funk and Associates as the primary consultant on an as needed basis and authorize the Director of Public Works or his designee to enter into and execute the agreement.

DISCUSSION:

The City's Public Works staff sought proposals for Structural Engineering/Architectural Services on an as-needed basis for various city owned facilities. Staff solicited proposals from twenty-nine consultants. After receiving the proposals, the team carefully evaluated each proposal to identify the most qualified candidate.

Recently, the City was awarded a Building Resilient Infrastructure and Communities (BRIC) grant through FEMA to seismically retrofit four City-owned structures, which includes the Hawthorne Memorial Center, Hawthorne Water Tower, Hawthorne City Yard, and Hawthorne City Hall. The retrofitting will involve updating and strengthening the lateral forces- resisting system of each structure to meet current seismic safety standards. The project is divided into two phases; Phase 1 will compromise project planning, design, permitting, and geotechnical studies, while Phase 2 will concentrate on project construction.

Labib Funk and Associates emerged as the most qualified proposer for this project, possessing the necessary experience, track record, and expertise for City Structural projects. This company stood out due to its prior experience with FEMA-funded projects, which often entail retrofitting

buildings to make them more resilient to natural disasters such as earthquakes. As a result, a structural company with previous experience with FEMA-funded projects is better suited to handle this kind of work. Their expertise in this area will help ensure that the retrofitting work is completed to the required standards and specifications, as they better understand the regulatory requirements and guidelines for these types of projects.

The team also considered the company's record of completing tasks on time and within budget.

Since many of the City's projects are time and budget-sensitive, the company's prior experience with similar retrofitting projects, especially those with similar scope and complexity, was a good indicator of its ability to handle this kind of work. After careful evaluation and consultant interviews, Labib Funk and Associates emerged as the most qualified proposer due to their knowledgeable project team, prior experience with FEMA-funded projects, previous experience with retrofitting various buildings (both private and local government-owned), and extensive engineering experience.

FISCAL IMPACT:

None. This project will be funded through a FEMA Grant: Building Resilient Infrastructure and Communities (BRIC) Grant.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Proposal

2. Agreement for Consultant Services and Proposals - Labib Funk Associates

1 CITY OF HAWTHORNE

AGREEMENT FOR CONSULTANT SERVICES
THIS CONSULTANT AGREEMENT is made and effective as of May __, 2023 between the City of Hawthorne, a municipal corporation ("City") and Labib Funk and Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on May __, 2023, and shall remain and continue in effect on an as needed basis unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full as part of its services.

Consultant may be asked to provide additional services if necessary during the term of this Agreement.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
(a) The City agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on services indicated in Exhibit A of this Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Director of Public Works. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the Director of Public Works and at the time the City's written authorization is given to Consultant for the performance of said services.
2 (c) Consultant will submit invoices for actual services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.

6. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the Director of Public Works or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.

In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
3 7. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant.

8. INDEMNIFICATION
When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

9. INSURANCE
A) Consultant shall maintain in-force: Professional Liability Insurance. Consultant shall maintain in-force; Professional Liability Insurance (and/or Errors & Omissions Insurance) with minimum limits of liability of $1,000,000 combined single limit coverage against an injury, death, loss or damages because of wrongful or negligent acts or omissions by the named insured.

B) Contractor shall maintain in-force Workers’ Compensation and Employer’s Liability Insurance as required by the California Labor 4 Code. Evidence of coverage shall take the form of a Certificate of Insurance or a California Certificate to Self-Insure. Acceptable minimum limits for this coverage are: Workers’ Compensation; Statutory in California; Employer’s Liability: $1,000,000.

C) Certificates of Insurance. Contractor shall furnish to Customer evidence of any insurance required by this Agreement. A Certificate of Insurance from an insurer admitted to do business in the State of California will be provided, indicating that the respective policy(s) meets the following requirements: (1) The City, its officers, and employees shall be named as additional insured on the General Liability Insurance; (2) Insurance shall not be canceled or terminated without 30 days written notice; (3) General Liability shall be primary and any insurance held by City for its own protection shall be excess and shall be effective only upon exhaustion of Contractor's insurance; (4) Insurance shall be maintained for the duration of the Agreement, including any period extended beyond the expiration date of this Agreement required to complete performance as stipulated in this Agreement and all amendments thereto.

10. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, 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 not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. LEGAL RESPONSIBILITIES
5 The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

12. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Hawthorne in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Hawthorne will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

13. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

14. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with 6 respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City because of the personal nature of the services to be rendered pursuant to this Agreement.

16. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

17. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Hawthorne.

18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 7 19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF HAWTHORNE: CONSULTANT:

By:

AKBAR FAROKHI Name:

Director of Public Works Title:

City of Hawthorne Labib Funk and Associates

APPROVED AS TO FORM: ATTEST:
_________________________ _____________________________

ROBERT KIM DAYNA WILLIAMS-HUNTER
City Attorney City Clerk
City of Hawthorne City of Hawthorne
8 EXHIBIT A
Proposal
9 EXHIBIT B

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the equivalent. Limits are subject to review but in no event less than $1,000,000 per occurrence.

Professional Liability Coverage. Consultant shall maintain in-force Professional Liability Insurance (and/or errors & Omissions Insurance) for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations be by the Consultant or by its employees, or subconsultants. The amount of this insurance shall not be less than one million dollars ($ 1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.

AGENDA ITEM NO. 22

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: Police
City Manager: __________ for
Vontray Norris
Chief of Police: ___________
Gary Tomatani
SUBJECT:

Appropriation of $43,900.59 from the Police Department Budget, 100-2101-222-0-0-47404, for Interoperability Network of the South Bay (INSB); and
Approval of a Purchase Order in the Not to Exceed Amount of $43,900.59 to the City of Torrance for Interoperability Network of the South Bay (INSB).

RECOMMENDED MOTION:

Staff recommends that the City Council approve an appropriation of $43,900.59 from the Police Department Budget (100-2101-222-0-0-47404) and approve a purchase order in the Not to exceed amount of $43,900.59 to the City of Torrance for the payment of Interoperability Network of the South Bay (INSB) invoice (2023-00152471).

DISCUSSION:

The Interoperability Network of the South Bay (INSB) Joint Powers Authority (JPA) seeks to enhance the current public safety and general government Land Mobile Radio (LMR) capabilities of its members. The Interoperability Network of the South Bay (INSB) is the Hawthorne Police Department’s sole provider for the police emergency mobile radio capabilities. INSB provides an architecture capable of expanding to meet the future LMR needs of its members and resolves technical and operational issues in the development and management of a wide-area interoperable government communications network.

The JPA members have agreed to take the initiative to interconnect their radio system with radio systems of other local cities through the INSB JPA Prime Site to provide wide-area communications interoperability via the Interagency Communications Interoperability System

Master Site to improve regional communications for public safety and general government resources.

FISCAL IMPACT:

An appropriation of $43,900.59 from the Police Department’s budgeted fund, 100-2101-222-0- 0-47404, is required for this purchase.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Invoice number 2023-00152471 from the City of Torrance $43,900.59 CUSTOMER # INVOICE # BILLING DATE DUE DATE TOTAL DUE
25674 2023-00152471 04/14/2023 05/31/2023 $43,900.59

Description : INTEROPERABILITY NETWORK OF THE SOUTH BAY JPA Type : Misc Billing

CITY OF HAWTHORNE

OFFICE OF THE CHIEF OF POLICE
12501 S HAWTHORNE BLVD
HAWTHORNE, CA 90250
Mail to:

City of Torrance
Revenue Division
3031 Torrance Boulevard
Torrance, CA 90503

DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

KEEP THIS PORTION FOR YOUR RECORDS

CITY OF HAWTHORNE

OFFICE OF THE CHIEF OF POLICE
12501 S HAWTHORNE BLVD
HAWTHORNE, CA 90250
Description: INTEROPERABILITY NETWORK OF THE SOUTH BAY JPA Reference: INTEROPERABILITY NETWORK OF THE SOUTH BAY JPA (FY 2022-2023); MEMBERSHIP ASSESSMENT $17,294.17; SPECIAL ASSESSMENT $0.00; RESERVES ASSESSMENT $26,606.42
Description Comments Qty Unit Price Total Price
Fees 1 $43,900.5900 $43,900.59
CUSTOMER # INVOICE # BILLING DATE DUE DATE CHARGES
25674 2023-00152471 04/14/2023 05/31/2023 $43,900.59
Pay your bill online by visiting:
http://www.torranceca.gov/e-payments
Bill Type: Other Invoice
Customer Number: 25674
Invoice Number: 2023-00152471

AGENDA ITEM NO. 23

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: City Manager
City Manager: ____________
Vontray Norris
SUBJECT:

Approval of Agreement with South Bay Workforce Investment Board to provide business assistance services under the City of Hawthorne’s Business Assistance Grant Program.

RECOMMENDED MOTION:

Staff recommends that the City Council ask questions as necessary and approve the proposal from the South Bay Workforce Investment Board to provide business assistance services for the City of Hawthorne’s Business Assistance Grant Program and authorize the City Manager to sign contracts with the South Bay Workforce Investment Board.

DISCUSSION:

At previous meetings, the Council adopted an American Rescue Plan Act (ARPA) Plan, which outlined various projects and programs for expenditures of the ARPA funds. One of the categories of expenditures was for Business Assistance Programs. One of those programs was a Business Assistance Grant Program. The program will provide grants of up to $5,000 to provide individualized assistance to businesses in a variety of areas, including employee training, rehiring, COVID-19 grant and loan application processing, and financial training. The program will provide those services to businesses utilizing a third-party provider.

City staff and the city’s ARPA consultant, HdL Companies, identified the South Bay Workforce Investment Board (WIB) as a potential third-party vendor to provide business assistance to approved Business Assistance Grant recipients. The following are some of the reasons the WIB was identified as a potential provider of the business assistance programs:
• The WIB already has a strong presence and recognition in the community. • The WIB currently provides business assistance to businesses in the community. • The WIB currently is under contract with the city to provide assistance to the city in other ARPA funded programs.

The WIB submitted the attached proposal and Agreement to provide the following business assistance services under the Business Assistance Grant Program:
• Incumbent Worker Training
• Grant Assistance
• Financial Management
The City has allocated a total of $50,000 in ARPA funds to provide grants of up to $5,000 per business for this grant program. The WIB proposal is for $53,000, which includes $50,000 in program funds for business and $3,000 for WIB administrative costs, for a total of $53,000. The $3,000 for WIB administrative costs will come from separate allocated ARPA funds especially for the administration of ARPA programs.

RECOMMENDATION
City staff and the city’s ARPA consultant have reviewed the WIB proposal. The WIB is capable of providing the requested services. The WIB has an ongoing relationship with the business community and is currently providing other ARPA program services for the city.

Staff recommends that the City Council approve the proposal and Agreement with the South Bay Workforce Board to provide business assistance services for the City of Hawthorne’s Business Assistance Grant Program.

FISCAL IMPACT:

None for Business Recovery Assistance. All expenses are reimbursable from the ARPA funds.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. SBWIB Proposal & Agreement
Agreement No. __________

PROFESSIONAL SERVICES AGREEMENT

BETWEEN
SOUTH BAY WORKFORCE INVESTMENT BOARD, INC. AND

THE CITY OF HAWTHORNE
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into this 20th day of April 2023, by and between the South Bay Workforce Investment Board, Inc., (SBWIB, Inc.) a California non-profit public benefit corporation, hereinafter referred to as “CONTRACTOR” and the City of Hawthorne, a general law city and municipal corporation, hereinafter referred to as “CITY”.

REICITALS
A. The CITY desires to engage CONTRACTOR to perform the services as described in Exhibit A of this Agreement.

B. The CONTRACTOR possesses the competence, experience, expertise, skill, facilities, equipment, personnel, financial wherewithal, and other resources necessary to perform properly and timely the services required by CITY under this Agreement.

C. CONTRACTOR desires to furnish and perform professional services for CITY, on the terms and conditions described in this Agreement.

AGREEMENT
NOW THEREFORE, in consideration of the recitals and mutual obligations provided herein, the parties hereto agree as follows:

1. DUTIES OF CONTRACTOR
CONTRACTOR shall provide services to the best of its professional ability in connection with the Hawthorne’s Local Business Assistance program and outlined in Exhibit A, Statement of Work. 2 2. DUTIES OF CITY.

CITY shall provide CONTRACTOR with such information as is possessed by CITY and is normally supplied to a CONTRACTOR performing such services.

3. TERM OF AGREEMENT
The term of the Agreement commenced on April 1, 2023, and ends on March 31, 2024, unless it is earlier terminated or amended according to the terms and conditions of this Agreement. Due to the need for CONTRACTOR’s services to be provided upon commencement of the Term, CONTRACTOR may have provided services prior to the execution of this Agreement. To the extent that such services were performed in accordance with the terms and conditions of this Agreement, those services are hereby ratified and accepted.

4. COMPENSATION
CONTRACTOR agrees it shall be entitled to compensation hereunder only upon completion of services described in Exhibit A, Statement of Work attached hereto and incorporated herein as though set forth in full. Such compensation shall be payable in accordance with payment guidelines.

Compensation is retroactive to the first date of this term.

CONTRACTOR shall be compensated for identified personnel to perform and complete work on this project in accordance with Exhibit B, Fee Schedule, attached hereto and incorporated herein as though set forth in full of Work. CONTRACTOR shall submit monthly invoices for work completed in the prior month. The total amount of this agreement shall not exceed $53,000.00. CONTRACTOR shall not be reimbursed for any out-of-pocket expenses unless pre-approved in writing by CITY.

CONTRACTOR shall be responsible for billing CITY for services provided. CITY shall process the billing as received and issue payment within 45 days after it is received. Reference Exhibit B, Fee Schedule attached hereto and incorporated herein as though set forth in full. 3 5. SUPPORTING RECORDS
Records shall be maintained by the CONTRACTOR on a current basis to support billing under this Agreement for a period of three years after the expiration, cancellation, or termination of this Agreement, or any extension of it for purposes of audit by CITY or its authorized representatives. Records shall be kept and maintained in original form, all records, books, papers, or documents related to CONTRACTOR’s performance of this Agreement.

6. INSURANCE REQUIREMENTS
CONTRACTOR shall provide and maintain during the term of Agreement, insurance as follows:

A. General Liability Coverage. CONTRACTOR shall maintain commercial liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage.

B. Professional Liability. CONTRACTOR shall maintain professional errors and omission coverage in an amount of not less than one million dollars (($1,000,000 for protection against claims alleging negligent acts, errors, or omission which may arise from operations under this Agreement.

C. Worker’s Compensation and Employees Liability (if applicable) in accordance with California State Compensation laws.

D. Automobile Liability Coverage. If a CONTRACTOR in conducting activities under this Agreement, uses motor vehicles, the CONTRACTOR shall maintain automobile liability insurance covering for bodily injury and property damage for all activities performed under this Agreement in an amount of not less than one million dollars ($1,000,000) for combined single limit coverage.

E. Endorsements. Each general liability, professional liability and automobile liability insurance policy shall be issued by a financially responsible insurance company admitted and authorized to do business in the State of California, and shall be endorsed and include CITY, its elected or appointed officers, officials, employees, agents, and volunteers as the additional named insured.
4 F. Self-Insured. Notwithstanding the insurance required above, CITY at its own option, may accept as an equivalent for any such coverage, evidence of an on-going program of self-insurance together with excess coverage. Said equivalent, in order to satisfy the requirements herein contained, shall be subject to approval of the CITY Attorney.

7. INDEPENDENT CONTRACTOR
The PARTIES understand, agree, and acknowledge the CONTRACTOR is an independent contractor. CONTRACTOR is not an employee, partner, agent, or principal of CITY. This Agreement does not create a partnership, joint venture, association, or employer-employee relationship between the PARTIES. At its own expense, CONTRACTOR is responsible for providing compensation (including prevailing wage laws); employment benefits; disability, unemployment, and other insurance; workers’ compensation; training’ permits and licenses; and office space for CONTRACTOR and for CONTRACTOR’s employees and Subcontractors, if any. CONTRACTOR has, and shall retain, the right to exercise full control over the employment, direction, compensation, and discharge of all personnel whom CONTRACTOR uses in performing services under this agreement.

8. HOLD HARMLESS
CITY and CONTRACTOR agree to defend, indemnify, and hold harmless each other against any and all liability, expenses and claims arising from their respective acts or omissions, including attorney’s fees and costs, in connection with the services to be rendered under this agreement. CITY shall be responsible for damages caused by the negligence of its directors, officers, employees, and duly authorized volunteers occurring in the performance of this agreement. CONTRACTOR shall be responsible for damages caused by the negligence of its directors, officers, employees, and duly authorized volunteers occurring in the performance of this agreement. It is the intention of CITY and CONTRACTOR that the provision of this paragraph be interpreted to impose on each party responsibility for the negligence of their respective directors, officers, employees, and duly authorized volunteers.

CITY and CONTRACTOR by this Agreement shall not assume any liability nor shall they be liable for the negligent or wrongful acts or omissions or for any indebtedness or obligations of the other party 5 attributable to the services required to be performed or caused by the disbursement and use of funds under this Agreement.

9. FINDINGS CONFIDENTIAL
All of the reports, findings, and conclusions prepared or assembled by CONTRACTOR under this Agreement are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without prior written approval by the CITY, except as otherwise permitted by law. CONTRACTOR hereby relinquishes any proprietary interest, which it may have in any results obtained as consequence of this Agreement and further agrees that all reports and findings shall become the property of the CITY.

10. AUTHORITY / MODIFICATION
The PARTIES represent and warrant that all necessary action has been taken by the PARTIES to authorize the undersigned to execute this Agreement and to engage in the activities described herein. This Agreement may be modified by written amendment with authorized signatures of all parties to the Agreement.

11. TERMINATION
This agreement may be canceled by either party with or without cause upon thirty (30) calendarday advance notice in writing prior to the effective date of such termination, which shall be specified in the notice. In the event of termination by CITY, CONTRACTOR shall deliver to CITY all documents, files, and records or copies belonging to CITY as soon as practicable after receiving notice of termination.

12. NOTICES
Any notices given pursuant to this Agreement shall be deemed received and effective when properly emailed or addressed, posted, and deposited in the United States mail addresses to the respective parties as follows:

City of Hawthorne SBWIB, Inc. (Contractor)
Vontray Norris, City Manager Jan Vogel, Chief Executive Officer City of Hawthorne South Bay Workforce Investment Board, Inc. 4455 W. 126th Street 11539 Hawthorne Blvd., 5th Floor
Hawthorne, CA 90250 Hawthorne, CA 90250
[email protected] [email protected]
6 13. NON-ASSIGNABILITY
CONTRACTOR shall not assign any interest in this Agreement and shall not transfer any interest in the same whether by assignment or novation without prior written approval of CITY.

14. CHANGES, AMENDMENTS AND MODIFICATIONS
No changes, amendments, or modifications to this Agreement shall be effective unless in writing and signed by the parties hereto.

15. LITIGATION EXPENSES
In the event of any litigation, arbitration or other dispute arising as a result of or by reason of this Agreement, the prevailing party in such litigation, arbitration or other dispute shall be entitled to, in addition to any other damages assessed, its reasonable Attorney’s fees and all related costs. The Attorney’s fee, which the prevailing party is entitled to recover, shall include fees for prosecuting or defending any appeal and shall be awarded for any supplemental proceedings until the final judgment is satisfied in full. In addition to the foregoing award of Attorney’s fees to the prevailing party, the prevailing party in any lawsuit or arbitration procedure on this Agreement shall be entitled to its reasonable Attorney’s fee incurred in post judgment proceedings to collect or enforce the judgment.

This Attorney’s fees provision is separate and shall survive the merger of this Agreement into any judgment.

16. FORCE MAJEURE
Force Majeure. If the performance of this Agreement or of any obligation hereunder is materially prevented, restricted, or interfered with by reason of fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, epidemic, or other casualty or accident; strikes or labor disputes; inability to procure raw materials, equipment, power or supplies; any law, order, proclamation, regulation, ordinance, demand, or requirement of any government agency or intergovernmental body other than a party hereto, or any other act or conditions beyond the reasonable control of the parties herein continues to hinder the delivery of services beyond the period of performance or reasonableness to extend this Agreement; the party whose performance is prevented 7 shall notify in writing to the other party, shall terminate without cause or non-performance obligation under this Agreement.

17. CERTIFICATIONS
A. Debarment and Suspension Certification: By signing this Agreement, PARTIES hereby certify under penalty of perjury under laws of the State of California to comply with regulation implementing Executive Order 12549, Debarment and Suspension, 29 CFR, Part 98, Section

98.510, and its principals, to the best of their knowledge and belief:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes; commission of embezzlement, theft, forgery, bribery, falsification; destruction of records; making false statements; or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 2 of this certification;

4. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default.

5. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement.
8 B. Drug Free Workplace Compliance: By signing this Agreement the PARTIES hereby warrant and certify that it shall comply with the California Drug-Free Workplace Act of 1990 (Cal. Gov.

Code Section 8350 et seq.), as amended, including provision of the requisite certification as set forth therein; and the federal Drug-Free Workplace Act of 1998, including its implementing regulations (29 CFR Part 98, commencing with 98.600).

C. Non-Discrimination in Employment: PARTIES shall not discriminate against any employee or person who is subject to this Agreement on the basis of race, color, ancestry, national origin, religion, creed, age, disability (mental or physical), sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, or military or veteran status.

Failure to comply with these requirements may result in suspension of payments under the agreement or termination of the agreement, or cancellation of the purchase order, or all that may apply.

19. COPYRIGHT/PATENT RIGHTS IN DATA
CONTRACTOR agrees to grant the CITY, and, as required pursuant to the Federal and State governments a royalty-free, nonexclusive, and irrevocable license to publish, copy, translate or use, now and hereafter, all materials, data, films, tapes, etc., developed under this Agreement including those covered by copyright. The CITY and, as required pursuant to the Federal and State governments, reserve the right to authorize others to use or reproduce such materials. Further, the CITY, as required pursuant to the Federal and State governments shall have access to any report, preliminary findings or data assembled by CONTRACTOR under this Agreement and shall retain ownership and patent rights to any discovery or invention under this Agreement or as provided in 29 CFR 97.34 AND 97.36(i) (8), (9).
9 20. ENTIRE AGREEMENT
This Agreement and the documents attached hereto and referred to herein contain all the terms and conditions applicable to the parties and supersedes all oral negotiations and prior writing, with respect to the subject matter hereof. In the event of any such conflict between the terms, conditions, and provisions of this Agreement and any such agreement, document, or instrument; the terms, conditions and provisions of this Agreement shall prevail. 10 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date and year first above written.

SOUTH BAY WORKFORCE INVESTMENT BOARD, INC.

Signature: ______________________________________
Name: Jan Vogel
Title: Chief Executive Officer

CITY OF HAWTHORNE
_____________________________________
Vontray Norris, City Manager
APPROVED AS TO FORM:
_________________________
Robert M. Kim, City Attorney
11 EXHIBIT A

STATEMENT OF WORK

HAWTHORNE LOCAL BUSINESS ASSISTANCE PROGRAM

SCOPE OF WORK
CONTRACTOR agrees to participate in the City of Hawthorne’s Local Business Assistance program.

The Hawthorne Local Business Assistance program is aimed at providing local businesses with service options needed to enhance their business. Service areas include 1) Incumbent Worker Training, 2) Grant Development Assistance, and 3) Financial Management Workshops for Business Owners.

DESCRIPTION OF SERVICE OPTIONS:

Incumbent
Worker
Training
This service would entail identifying and coordinating the training necessary to upgrade the skills of existing employees to become more valuable to the employer and provide better service to patrons.

SBWIB staff will work with employers to create detailed training plans that will identify the length and competencies or skills offered through the training (e.g., short-term or upskilling). Staff will also work with the businesses and trainers to track employee progress toward completing the training plan. Staff will work with both the employer and employees to identify and provide needed assistance to help ensure employee success.

In general, these training courses will be conducted by outside trainers that have experience with upgrading/upskilling skills of incumbent workers and the expertise in the area of skills training required. SBWIB has long established relationships with hundreds of training providers and manages a database of thousands of courses that are vetted and monitored by SBWIB staff to ensure the quality and fidelity of the courses listed. Businesses will be able to access existing courses from vendors and work with SBWIB to identify new vendors that may have courses relevant to employer’s needs.

Grant
Assistance
SBWIB will work with local businesses to help identify available funding opportunities and assist with the completion of grant applications. Depending on the complexity, submission due dates or length of the grant application, SBWIB may coordinate with previously procured grant writing consultants for support.

Financial
Management
Financial Management assistance and workshops will be available to local businesses and managers. These services would be performed by one of our financial management experts that currently conducts workshops and training for individuals facing layoffs in the South Bay region. Experts utilized will be experienced financial professionals with required certifications and credentials. 12 RESPONSIBILITIES OF CONTRACTOR:

1. The CONTRACTOR will provide the services under the City of Hawthorne’s Local Business Assistance program:
a. Enhanced Business Services – outreach to Hawthorne business owners (including startups and micro businesses). Outreach activities include, as needed, personal visits, phone calls, e-mails, and postal mailings (postage and printing costs to be paid by the City of Hawthorne). b. Utilize SBWIB's Business Services and resources as needed to promote the programs in SBWIB newsletters, emails and SBWIB social media.
c. Conduct a business needs assessment and match service needs and or referrals. d. Coordination of planning activities with employers/employees and other stakeholders to meet the goals and outcomes of the service plan(s). Including trainers, grant writers and industry experts.

2. The CONTRACTOR will assist up to ten (10) individual Hawthorne businesses to receive services in one of the three service areas as identified:
1) Incumbent Worker Training
2) Grant Development Assistance
3) Financial Management Workshops

3. Provide project data and required reports and information to be determined as well as upon demand by City of Hawthorne.

4. Provide a designated single point of contact for the program.

5. Provide a management level representative to participate in start-up planning activities, training, and on-going attendance at partner meetings.

6. PROVIDE CITY staff and/or Grantor with on-going access to project and financial files/records, and project activities at any time with or without prior notice during regular business hours.

PROJECT COORDINATION OF ACTIVITIES:

Michael Trogan Laura Bischoff
Special Projects Development Manager Contracts & Training Manager South Bay Workforce Investment Board South Bay Workforce Investment Board 11539 Hawthorne Blvd., Suite 500 11539 Hawthorne Blvd., Suite 500 Hawthorne, CA 90250 Hawthorne, CA 90250
310-770-7787 310-970-7762
[email protected] [email protected]
13 EXHIBIT B

FEE SCHEDULE
The CONTRACTOR is responsible for the tracking of all unduplicated services to businesses under this Agreement. The CONTRACTOR may submit an invoice to the CITY on a monthly basis for business activities rendered in accordance with Exhibit A – Statement of Work. The CONTRACTOR will maintain all fiscal records in accordance with Office of Management and Budget (OMB) regulations and make such records available for review/audit.

The CITY will receive an invoice and make payment within 45 days upon approval.

The maximum fee schedule for work described under the Exhibit A - Statement of Work will be set at $53,000.00.

COST BREAKOUT
Service Option Description Amount *
Administrative Costs Fiscal, Accounting, MIS, and
other administrative related
duties
$3,000
Business Services
(10 Local Businesses)
Upon assessment and need,
local businesses may request
services in any of the service
options identified and
described.
$5,000 per business
$50,000
Total $53,000
*Service needs above the planned allocation per business will require CITY approval prior to engagement.

PAYMENTS WILL BE REMITTED TO:

South Bay Workforce Investment Board, Inc.
11539 Hawthorne Blvd., Suite 500
Hawthorne, CA 90250
Attn: Fiscal Unit
FISCAL CONTACT:

Tudorita “Dori” Giulea
Fiscal Manager
310-970-7750
[email protected]

AGENDA ITEM NO. 24

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: Finance
City Manager: __________ for
Vontray Norris
Dir. of Finance: ___________
Felice Lopez
SUBJECT:

Approval of Additional Task for American Rescue Plan Act Consulting Work with HdL Companies to Provide a Program to Assist an Urgent Care Facility to Locate to Hawthorne.

RECOMMENDED MOTION:

Staff recommends that the City Council ask questions as necessary and approve the proposal from HdL Companies to provide additional consulting services to develop and implement a program to offer an incentive to any eligible medical professional group willing to open an Urgent Care facility in the City of Hawthorne and authorize the City Manager to sign contracts with HdL ECONSolutions.

DISCUSSION:

At the February 28, 2023, City Council meeting staff presented to the City Council a list of projects utilizing the second tranche of American Rescue Plan Act (ARPA) funds. Among the projects was a Financial Assistance Program to assist an Urgent Care facility to locate in Hawthorne. The need for the program was identified as the lack of Urgent Care services within the city. The City Council approved $500,000 for this program.

The city identified a deficiency in Urgent Care facilities in the City of Hawthorne to provide medical needs for the residents of Hawthorne. The Urgent Care Assistance Program is designed to provide financial assistance to incentivize an Urgent Care facility to locate to the community. There is a need for assistance to the city staff to design and implement such a program.

HdL has been working as the City of Hawthorne’s consultant for ARPA since May 2021. The City, with HdL’s assistance, has made good progress in formulating an effective ARPA plan to fund

projects and programs which can significantly benefit and positively impact the community in helping to recover from the COVID-19 Pandemic.

The city solicited a proposal from HdL companies to assist the city in the design and implementation of an Urgent Care Assistance Program.

The following is a summary of the Scope of Work in the proposal:
• Identify the existing urgent care or similar types of facilities in the city • Understand the facility requirements for urgent care facilities • Identify potential vacant spaces within the city meeting urgent care facility requirements • Identify the urgent care facilities in the region who may consider expanding into the city • Assist the city in identifying the type of financial assistance that can be provided i.e., tenant improvement assistance, city permit waivers, rental assistance, etc. • Market the assistance program to potential businesses • If the city is successful in encouraging an urgent care facility expand or locate in the city, assist in monitoring and managing the facilities compliance to be eligible for financial assistance and facilitate the payment of the assistance HdL’s proposal cost is not to exceed $35,000 to administer the program. The funding source for the consultant services will be ARPA funds.

RECOMMENDATION
Staff recommends that the City Council approve the proposal from HdL Companies to provide the administration of an Urgent Care Assistance Program in an amount not to exceed $35,000.

FISCAL IMPACT:

None for Business Recovery Assistance. All expenses are reimbursable from the ARPA funds.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. HdL ECONSolutions Proposal & Agreement

2. HdL ECON Solutions Contract 2021
Development Driven by Data
120 S. State College Blvd.

Suite 200
Brea, CA 92821
Barry Foster
Mobile 714.879.5000
www.hdlcompanies.com
April 26, 2023
Von Norris
City Manager
City of Hawthorne
4455bW. 126th Street
Hawthorne, CA 90250
Re: Additional Task for American Rescue Plan Act (ARPA) Consulting Work – Urgent Care Financial Assistance Grant Program
Von:

HdL has been working as the City of Hawthorne’s consultant for ARPA since May 2021. The City, with HdL’s assistance, has made good progress in formulating an effective ARPA plan to fund projects and programs which can significantly benefit and positively impact the community in helping to recover from the COVID-19 Pandemic.

As Hawthorne is formulating projects and programs it is important to design and implement them to be as effective as possible, while providing the highest-level of services possible. In recognition of Hawthorne’s limited staffing resources, as well as HdL’s expertise, the City of Hawthorne is desirous of amending the agreement for ARPA services with HdL to have HdL assume a greater role in formulating additional ARPA programs, as well as effectively implementing them.

Scope of Work:

Hinderliter de Llamas & Associates (HdL), hereafter referred to as the ‘Consultant’, will work with the City of Hawthorne, hereafter referred as the ‘City’, to assume the overall administrative oversight of Hawthorne’s ARPA program targeted at providing financial assistance to incentivize an urgent care facility either to expand or to locate to the city. The Scope of Work for assisting with the Urgent Care Financial Assistance Grant Program shall include:
• Identify the existing urgent care or similar types of facilities in the city • Understand the physical requirements for urgent care facilities • Identify potential vacant spaces within the city meeting urgent care facility requirements
• Identify the urgent care facilities in the region who may consider expanding into the city • Assist the city in identifying the type of financial assistance that can be provided i.e., tenant improvement assistance, city permit waivers, rental assistance, etc. • Market the assistance program to potential businesses Development Driven by Data
120 S. State College Blvd.

Suite 200
Brea, CA 92821
Barry Foster
Mobile 714.879.5000
www.hdlcompanies.com
• If the city is successful in encouraging an urgent care facility expand or locate in the city, assist in monitoring and managing the facilities compliance to be eligible for financial assistance and facilitate the payment of the assistance Compensation:

The Consultant shall be compensated based on hours worked on the program utilizing the following hourly rate schedule.

Staff Position Hourly Rate
Principal/Managing Director $270/hour
Senior Advisor $210/hour
Analyst/Call Center Specialists $120/hour
An Amendment to the Agreement for ARPA services between the City of Hawthorne and HdL will add an additional $35,000 in funding for ARPA services to be provided by HdL.

The Project Manager for the Consultant shall be Barry Foster-Principal/Managing Director with HdL ECONSolutions, Ken Duran-Sr. Advisor and Tim Campbell-Analyst with ECONSolutions.

Accepted by:

CONSULTANT (Hinderliter de Llamas Associates-HdL) CITY (City of Hawthorne) ___________________________________ _________________________________ Barry Foster,
Principal/Managing Director

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this day of June 2021 ("Effective Date"), by and between THE CITY OF HAWTHORNE, a California municipal corporation and general law city ("CITY"), and HINDERLITER DE LLAMAS AND ASSOCIATES (aka "HdL ECONSOLUTIONS"), a California Corporation ("CONSULTANT"). This agreement is made with reference to the following:

I. Recitals
(i) CITY requested a proposal for professional services with respect to providing administrative services for COVID-19 Relief and Economic Recovery Program Administration per the American Rescue Plan Act (ARPA).
(ii) CONSULTANT submitted a proposal for the performance of such services, a full, true and correct copy of which proposal is attached hereto as Schedule "A" and by this reference made a part hereof.
(iii) CITY desires for CONSULTANT to provide professional assistance in developing strategies and plans, and implementing programs for COVID-19 relief and use of federal stimulus funding from the American Rescue Plan Act ("ARPA").
(iv) CONSULTANT represents and warrants that it has the qualifications, experience, programs, staff and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent and professional manner. CONSULTANT shall at ail times faithfully, competently, and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.

NOW, THEREFORE, for the consideration hereinafter described, CITY and CONSULTANT mutually as follows:

II. Agreement

1. Definitions: The following definitions shall apply to the following terms, except where the context of this AGREEMENT otherwise requires:
(a) Project: Provide comprehensive services to assist with formulating an economic recovery program along with administrative support for the expenditure of funding coming from the American Rescue Plan.
(b) Services: CONSULTANT shall provide professional services for the project as described in Schedule A, City of Hawthorne - Proposal Sc Qualifications for COVID-19 Relief lofll
DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA & Economic Recovery Program Administration per the American Rescue Plan Act (ARPA), attached hereto.
(c) Duration: Said AGREEMENT shall be effective from the date of execution of this AGRJEEMENT for twenty-four (24) months, unless terminated earlier pursuant to the provisions of Section 6 below.
(d) Completion of Project: CONSULTANT shall complete all tasks as noted in Schedule "A" in a timely, efficient and effective manner so as to accomplish the goals and fulfill the requirements of the ARPA.
(e) Consultant: Hinderlite de Llamas and Associates aka HdL ECONSOLUTIONS, 120 S. State College Blvd., Suite 200, Brea, CA 92821, (714) 879-5000. (f) City: City of Hawthorne, 4455 West 126thStreet,Hawthorne,California, 90250, (310) 349-2901.

2. Scone of Services: CONSULTANT agrees as follows:
(a) CONSULTANT shall forthwith undertake and complete the project in accordance with Schedule "A" attached hereto and incorporated herein by reference, and in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY.
(b) CONSULTANT shall, at CONSULTANT'S sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement, and in conformance with Section IV. COMPENSATION in Schedule A attached hereto. In the event any such other persons are retained by CONSULTANT; CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. ( c) CONSULTANT shall provide no fewer than quarterly written reports as to the status of the project(s) that are the subject of this Agreement, and shall promptly provide a report to CITY upon the occurrence of any significant events in the progress of the services provided hereunder.
(d) CONSULTANT shall communicate and coordinate with CITY to assure that all necessary reporting and/or accounting required under the ARPA is made within the timeframe and requirements of the ARPA.

3. Comoensation. Method of Pavmcnt. and Additional Services. (a) CITY shall pay CONSULTANT the total project cost not to exceed fifty-three thousand dollars ($53,000.00) as set forth in Section IV. COMPENSATION of Schedule A attached hereto and incorporated herein by reference.
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DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, and such invoices shall be paid within thirty (30) days after said invoices are received by CITY. Each invoice shall detail work performed and charges therefor. All charges shall be in accordance with CONSULTANT'S proposal \vith respect to hourly rates and project costs as set forth in Section TV. COMPENSATION of Schedule A attached hereto.
(c) CITY Requested Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT'S proposal as set forth in Schedule "A" shall be paid on a reimbursement basis in accordance with the fee schedule set forth in said Schedule "A" or in an amount and manner agreed to in writing by CITY.

Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within thirty (30) days after said invoices are received by CITY. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT.

4. CITY Assistance and Availabilitv of CITY Records:

CITY will provide to CONSULTANT
(a) All information in CITY's possession that is required to accomplish the goals set forth in this Agreement and which may be necessary for CONSULTANT'S performances of its services.
(b) Photographically reproducible copies of forms, documents, codes and other information, if available, which CONSULTANT considers necessary in order to complete the project.
(c) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT'S responsibility to make all initial contact with respect to the gathering of such information.

5. CONSULTANT'S Books and Records:
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT'S performance of services pursuant to this AGREEMENT and as required to comply with the ARPA. CONSULTANT shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be 3 of 11
DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the date of execution of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying at any time during regular business hours, upon written request by the CITY OR CITY's designated representative.

Copies of such documents or records shall be provided directly to the requesting party for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon. Such documents and records shall be made available at CONSULTANT'S address indicated for receipt of notices in this AGREEMENT. (c) Where CITY or CONSULTANT has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT'S business, the CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party.

Access to such documents and records shall be granted to all parties to this AGREEMENT, as well as to their successors-in-interest and authorized representatives.

6. Termination of Agreement: This AGREEMENT may be terminated without cause by CITY upon the giving of a written "Notice of Termination" to CONSULTANT upon thirty (30) days prior written notice or the CONSULTANT may terminate this contract upon thirty (30) days prior written notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT'S applicable hourly rates as set forth in Schedule "A", on a pro-rata basis with respect to the percentage of the project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination.

CONSULTANT may not terminate this Agreement except for cause.

7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement:
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DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA

TO CITY OF HAWTHORNE
Attn: City Manager
4455 West 126th Street, Hawthorne, CA
90250
[email protected]
TO HdL ECONSolutions
Attn: Barry Foster
120 S. State College Blvd., Suite 200
Brea, CA 92821
[email protected]
Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee seventy-two (72) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above.

8. Continuity of Personnel: CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT'S staff assigned to perform the services required under this AGREEMENT, CONSULTANT shall notify CITY of any changes in CONSULTANT'S staff assigned to perform the services required under this AGREEMENT, prior to any such performance. CITY shall not be responsible for time and costs associated with CONSULTANT'S turnover or reassignment of staff.

9. Status of Consultant:
(a) The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY.

CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT'S exclusive direction and control. CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY shall have control over the eonduct of CONSULTANT or any of CONSULTANT'S officers, employees or agents, exeept as set forth in this AGREEMENT.

CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT'S officers, employees or agents are in any manner officials, officers, employees or agents of CITY.
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DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA (c) The CONSULTANT or any of CONSULTANT'S officers, employees or agents, shall not obtain any rights to retirement, health care or any other benefits that may otherwise accrue to CITY employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.

10. Compliance with Applieable Laws: Permits and Licenses:
a. CONSULTANT shall keep itself informed of and comply with all applieable federal, state, and local statues, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT including but not limited to:

1. Prohibition against discrimination on the basis of age [Age Discriminations Act of 1975] or vdth respect to an otherwise qualified handicapped individual [Rehabilitation Act of 1973, Section 504].

2. Non-discrimination: CONSULTANT shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this AGREEMENT.

4. Unauthorized Aliens: CONSULTANT hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act. 8 U.S.C.A. 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONSULTANT so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should any liability or sanctions be imposed against CITY for •such use of unauthorized aliens, CONSULTANT hereby agrees to and shall reimburse CITY for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney's fees, incurred by CITY in connection therewith.

5. Conflict of Interest: Consultant represents that neither it nor any of its officers or principles of its firm has been retained, employed or compensated by any other interested party, or done any act, in such a manner so as to constitute a conflict of interest with respect to the consultant's duties under the agreement with the CITY.

CONSULTANT covenants that neither it, nor any officer or principal of its film has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTAN f's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, expect as provided for by this Section. At all times, CONSULTANT agrees to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of CITY in the performance of this AGREEMENT.
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DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA The CITY may waive at its discretion any conflict or potential conflict of interest in writing, provided the consultant has made a full written disclosure of all facts.

Provided further that the conflict affects a third party, the consultant must provide to the CITY a written waiver of the conflict from the affected party. b. CONSULTANT shall obtain any and all licenses, and
authorizations necessary to perform the services set forth in this AGREEMENT.

11. Confidential Information: Release of Information: All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the CITY, except as may be required by law.

12. Authoritv to Execute: The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.

13. Binding Effect: This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

14. Modification of Agreement: No amendment to or modification o f this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the CITY.

The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

15. Waiver: Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.

16. Law to Govern: Venue: This AGREEMENT shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.

17. Attomevs Fees. Costs and Expenses: In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. 7 of 11
DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA

18. Entire Agreement: This AGREEMENT, including the attached EXHIBITS "A", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

19. Severabilitv: If a term, condition or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void or unenforceable provision(s).

20. Insurance: During the course of the telmof this AGREEMENT, CONSULTANT shall maintain:
(a) Professional Liability Insurance in a combined single limit of not less than $1 million per claim.
(b) General Liability Insurance in a combined single limit of not less than $1 million per claim and $2 million aggregate.
(c) Workers compensation and employers liability insurance as may be required by the State.

Consultant shall provide a certificate naming CITY as additional insured, and provide all endorsements necessary to effectuate the insurance coverage provided by this Agreement.

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

CONSULTANT'S insurance shall be primary as respect to CITY. City's insurance or selfinsurance shall be excess to CONSULTANT'S insurance. The insurance provisions provided by this Agreement shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice has been given by certified mail, return receipt requested to: City Manager, City of Hawthorne, 4455 W. 126"* Street, Hawthorne, CA 90250.

21. Indemnitv: Consultant shall indemnify, defend and hold harmless the City, its elected officials, officers and employees from any demands, judgements, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, infringement of copyright/patent'trademark, professional errors and omissions, investigative expenses, attorney fees, and court costs arising out of an error, a 8 of 11
DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA negligent act, or omission of the Consultant, or the willful or reckless misconduct of the Consultant in performing the services described in, or normally associated with, this type of contracted work.

City does not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Consultant agrees that Consultant's covenant under this section shall survive the termination of this Agreement.

CITY hereby agrees to, and shall ho Id CONSULTANT, its officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from CITY'S negligent acts, errors or omissions including misuse or improper disclosure of confidential information contained in reports submitted by CONSULTANT under this Agreement. CITY agrees to and shall defend CONSULTANT and its officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omissions and/or misuse or improper disclosure of confidential information.

IN WITNESS WHEREOF, the parties hereto have entered into this Agreement through their duly authorized representatives as of the Agreement Date.

CONSULTANT:

Hinderliter de Llamas and Associates
By: Andrew Nickerson
Its: President
CLIENT:

City of Hawthorne
A' I
By: Vontrav Norris
Its: Interim Otv Manager
APPROVED AS TO FORM:

By: Robert Kim
Its: Interim Citv Attomev
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DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA [Any Schedule or Schedules are required to be attached hereto] 10 of 11
DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA Schedule "A"
HdL ECONSolutions Proposal to the City of Hawthorne
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DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA 1234663.6 Page 11 of 17
Schedule A
CITY OF HAWTHORNE – Proposal & Qualifications for
COVID-19 Relief & Economic Recovery Program
Administration per the American Rescue Plan Act (ARPA)
Submitted By:

HdL ECONSolutions
120 S. State College Blvd., Suite 200
Brea, CA 92821
www.hdlcompanies.com
Contact:

Barry Foster, Principal/Managing Director
714.879.5000
[email protected]
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I. LETTER OF TRANSMITTAL
April 12, 2021
RE: Proposal/Qualifications for COVID-19 Relief & Economic Recovery Program Administration per the American Rescue Plan Act (ARPA)
Felice Lopez, Finance Director
City of Hawthorne
4455 W. 126th Street
Hawthorne, CA 90250
Felice:

Thank you for the opportunity to present a proposal, as well as our qualifications to the City of Hawthorne to assist with COVID-19 Relief and Economic Recovery Program Administration per the American Rescue Plan Act (ARPA). Hinderliter de Llamas Associates (HdL) is a 37-year old consulting firm with corporate offices in Brea California, along with offices in Pleasanton, Fresno, San Dimas, as well as offices outside of California in Texas, Colorado, Georgia and Alabama. HdL is a highly respected consulting firm working in sales tax, property tax, tax & fee administration, revenue analysis, economic development and cannabis management. HdL ECONSolutions was formed by HdL in 2014 to provide a variety of economic development products, services and special projects in further serving local governments. HdL ECONSolutions has completed work for 120 local governments in California and is presently working for 20 California cities and a few private sector developers on a variety of economic development related services.

HdL ECONSolutions is well positioned to assist Hawthorne with developing an Action Strategy for COVID-19 relief and use of federal stimulus funding coming from the recently approved American Rescue Plan, along with administration of programs related to this program. During the past year, HdL ECONSolutions has worked with several cities to deal with the COVID-19 Pandemic and the negative economic impact it has delivered to cities, especially their business communities. HdL ECONSolutions has prepared Economic Recovery Action Plans for the California cities of Eastvale, Menlo Park and Pacific Grove, as well as reopening plans for Calimesa and Cupertino. Additionally, we have assisted in several small business relief grant programs to deal with the impacts caused by COVID-19 and the Pandemic. Furthermore, HdL has expertise in a number of service delivery that could be inserted into an ARPA strategy to help with economic recovery and enhance the City’s service delivery including, but not limited to:
• Small business grant or loan program management
• Administration of rent payment assistance program
• Web based local administration programs (for business license, TOT/STR, UUT, etc.) • Web based payment portals
• Rental unit registration program
• Upgrading technology to enhance service delivery and overall cost of service.

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Please feel free to call me if you have questions or require additional information. I can be reached at 951.233.0414 or by email at [email protected]. If HdL ECONSolutions is selected to do the work in Hawthorne, I will serve as the Project Manager, with support from other HdL ECONSolutions staff members including Angela Tsui, Senior Advisor and Fienna Cheng, Analyst. Additionally, HdL could utilize team members of the Tax & Fee Administration Division of the company managed by Josh Davis, Director of Professional Services to assist with the possible services identified above.

Sincerely,
Barry Foster
Principal/Managing Director
Josh Davis, Director of Professional Services of Tax & Fee Administration-HdL DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA 1234663.6 Page 14 of 17
II. KEY PERSONNEL
Team of Professionals for the Hawthorne Project
For the Hawthorne project, HdL ECONSolutions will use a team of three professionals that have more than 55 years of experience working in economic development and public administration.

HdL ECONSolutions Team
Barry Foster — Principal/Managing Director, HdL Companies Barry Foster has more than 35 years of local government experience including nearly 30 years in Southern California working for the cities of Moreno Valley, Rancho Mirage, Monrovia, and Loma Linda, as well as nearly 7 years with the HdL Companies. Mr. Foster has more than 29 years of economic development experience. As a Principal & Managing Director with HdL, Barry Foster started the ECONSolutions Division for HdL and has worked with 120 local governments in a variety of economic development related services.

Additionally, he worked as a Development Consultant with five developers and retail advisors in Southern California. Over the years, he has helped facilitate more than 32 million square feet of new development projects including logistics-distribution, shopping centers, commercial retail/office, medical-healthcare, hotels, and auto centers. Mr. Foster is member of the International Council of Shopping Centers, as well as being a past President of the Municipal Management Assistants of Southern California (MMSASC). He holds a Bachelor of Science degree from Minnesota State University-Mankato and a Master of Public Administration degree from the University of Kansas.

Angela Tsui — Senior Advisor, HdL Companies
Angela Tsui came to work for HdL in 2019 as a Senior Advisor working out the Pleasanton office. Before working for HdL, Ms. Tsui worked over 22 years in the public sector, including for the cities of Fremont and Cupertino, where she was the Economic Development Manager for 7 years. With HdL ECONSolutions, Angela has worked on numerous studies and is the primary economic development staffing person for the cities of Cupertino and Menlo Park. Additionally, Angela has recently worked on Economic Recovery Action Plans for the cities of Eastvale, Menlo Park and Pacific Grove, as well as numerous programs and issues related to the Pandemic and economic recovery efforts in Cupertino. Angela holds a Bachelor of Arts degree in Political Science from the University of California-Berkley.

Fienna Cheng — Analyst, HdL Companies
Fienna Cheng joined HdL early in 2020 and works on a variety of analytics and revenue analysis project, as well as supporting the divisions administration needs. Ms. Cheng has experience in the private sector in the healthcare and insurance industries. Fienna received a Bachelor of Arts degree in Economics from the University of California-Irvine.

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HdL Tax & Fee Administration Services
Josh Davis --- Associate Director of Professional Services-Tax & Fee Administration Joshua Davis has over 20 years of experience with local tax administration, discovery and audit, as well as managing a skilled team which provides the most sophisticated local tax administration services available to California municipalities. Trained in revenue audit and discovery techniques, he is skilled in navigating the complex scenarios and needs often encountered during such service delivery. Mr. Davis also possesses strong technical and business process capabilities which he employs to aid HdL clients in meeting their strategic objectives. Prior to joining HdL, he was employed a compliance services manager at another governmental services consulting firm. Mr. Davis’ reputation amongst municipalities is that of a very capable local taxation expert who will achieve their desired objectives, while providing excellent customer service. Notable projects he has managed includes a long term and broad engagement supporting the City of Beverly Hills business tax team and administering business tax for the City of Roseville. All services provided by his team enable municipalities to administer their tax programs more effectively, through both efficient operations and increased discovery and collection of tax due.

III. QUALIFICATIONS AND SCOPE OF WORK

QUALIFICATIONS
HdL and the HdL ECONSolutions Team are uniquely qualified to assist the City of Hawthorne with work related to COVID-19 relief and formulating an economic recovery program, along with administration support with funding coming from the American Rescue Plan.
• HdL ECONSolutions has significant experience working with California cities to help deal with COVID-19 and the Pandemic and economic recovery efforts including working on Economic Recovery Action Plans (ERAP’s) for the cities of Eastvale, Menlo Park and Pacific Grove, as well as numerous small business grant programs and focused economic recovery strategies.
• HdL ECONSolutions is recognized as one of the leading consultants in the economic development field in California, having worked with 120 local governments on a variety of programs and projects during the past 6 ½ years.
• The HdL ECONSolutions Team is highly experienced in economic development and brings over 60 years of experience in economic development, along with working for and with cities. Barry Foster, a Principal and Managing Director will serve as the Project Manager for the Hawthorne project.
• HdL is a premiere consulting firm in California and is presently working with over 400 local governments and is recognized as a leader in sales tax and property tax management, budgeting and revenue projections, tax & fee administration, economic development and cannabis management.

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References
The following is a sampling of references appropriate for the Hawthorne project.

CITY OF CUPERTINO
Deb Feng, City Manager
10300 Torre Ave,
Cupertino, CA 95014
408.777.3250

CITY OF EASTVALE
Bryan Jones, City Manager
12363 Limonite Ave, Ste. 910
Eastvale, CA 91752
951.703.4411

CITY OF MENLO PARK
Starla Jerome- Robinson, City Manager
701 Laurel Street,
Menlo Park, CA 94025
650.330.6610

CITY OF PACIFIC GROVE
Ben Harvey, City Manager
300 Forest Avenue,
Pacific Grove, CA 93950
213.364.2699

SCOPE OF WORK
The following represents the scope of work for the project.

HdL ECONSolutions believes the most effective scope of work of the project for the City of Hawthorne is to expend approximately $32.69 million in Federal funding from the American Rescue Plan Act (ARPA) should focus on formulating a comprehensive COVID-19 Relief & Economic Recovery Program for both near term and lasting economic recovery including the following components.
• Task 1 - Design and develop an Economic Recovery Strategy (the ‘Strategy’) to effectively expend the approximately $32.69 million coming to the City of Hawthorne from the ARPA, including working with the City Council and City staff on crafting the Strategy to incorporate their vision, goals and objectives.
• Task 2 - To properly develop a Strategy to work for both the City and the community, an extensive outreach effort must be put forth including surveys and meetings with key stakeholders such as City Council members, City staff, the Chamber of Commerce and local business representatives from the business sectors that had been hit the hardest including restaurants, boutique retail, fitness centers and personal services. • Task 3 - Develop an ARPA program for Hawthorne restaurants to help them recover from the Pandemic.
• Task 4 - The Program must also include the administrative effort to Implement the Strategy including outreach and marketing, along with managing compliance with federal requirements contained in the American Rescue Plan Act.

OPTIONAL TASK
• Task 5 – Enhanced Service Delivery includes exploring possibilities to enhance the City’s service delivery in the short term recovery, but also into the future.

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IV. COMPENSATION
Understanding the effort and time commitment to undertake the four tasks identified above is somewhat challenging; therefore, HdL ECONSolutions is suggesting doing the work on an hourly basis, with a not-to-exceed amount, plus an 10% overall contingency.

Task 1
Not-to-exceed amount of $18,500
Task 2
Not-to-exceed amount of $12,000
Task 3
Not-to-exceed amount of $6,500
Task 4
Not-to-exceed amount of $13,000
Hourly Consulting Rates
Staff Position Hourly Rate
Principal $250
Sr. Advisor $180
Analyst $100
Total Estimated Cost=$48,000
10% Contingency=$5,000
Total Compensation – Not-to-Exceed $53,000
Task 5
This task is dependent on types of services desired and based on hourly rates to refine a specific scope of services and is subject to further discussion and refinement between the City of Hawthorne and the HdL Companies
DocuSign Envelope ID: 3D8F30CA-C764-4921-A72E-BE27C046BBEA

AGENDA ITEM NO. 25

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: City Attorney
City Attorney: ___________
Robert Kim
SUBJECT:

Claim of Luki Marthin Eleoterio Vieira
RECOMMENDED MOTION:

Deny the Claim of Luki Marthin Eleoterio Vieira
DISCUSSION:

Claimant alleges personal injuries arising from a motorcycle v. vehicle accident. Claimant claims that a dangerous condition of public property contributed to the accident.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

None.

AGENDA ITEM NO. 26

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of May 9, 2023
Originating Department: City Attorney
City Attorney: ___________
Robert Kim
SUBJECT:

The City of Hawthorne has received settlement funds from the class action lawsuit, City of Long Beach, et al v. Monsanto Company, et al. The Plaintiffs asserted that Monsanto manufactured a class of industrial chemicals called polychlorinated biphenyls (“PCBs”) between the 1930s and 1977, and alleged PCB-related impairments to the environment, including stormwater, stormwater and wastewater systems, water bodies, sediment, natural resources, fish and wildlife. The City Council is asked to approve allocation of the settlement funds to existing PCB remediation and mitigation efforts undertaken by the City.

RECOMMENDED MOTION:

Staff recommends that the City Council approve allocation of the of the PCB settlement funds to Public Works’ “State MS4 Permit and Rainwater Quality Improvement” account to pay for ongoing PCB mitigation and remediation efforts, such as the Enhanced Watershed Management Program (EWMP) for the Dominguez Watershed Management Area.

DISCUSSION:

The class action settlement was approved by the federal court in October 2022. As a Settlement Class Member, the City of Hawthorne has received a payment in the amount of $438,451.00.

The settlement agreement provides the funds are intended to pay for PCB sampling and/or any other mitigation efforts as part of compliance with applicable law. For several years Hawthorne has been complying with state-mandated monitoring and remediation efforts, which programs qualify for use of the settlement funds.

In 2012, the Regional Water Quality Control Board - Los Angeles Region adopted the National Pollutant Discharge Elimination System (“NPDES”) Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175 (“MS4 Permit”). The MS4 Permit became effective on December 28, 2012 and requires the City to comply with the prescribed elements of the MS4

Permit. The MS4 Permit identified Hawthorne as one of the MS4 permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the Dominguez Channel Watershed Management Area. The City of Hawthorne joined the City of Los Angeles, Los Angeles County, Los Angeles County Flood Control District, and the cities of El Segundo and Inglewood to collaborate on the development of an Enhanced Watershed Management Program (“EWMP”) for the Dominguez Channel Watershed Management Area to comply with certain elements of the MS4 Permit.

It is request that the City Council approve use of the settlement funds for the Dominguez Channel EWMP annual cost sharing. Dominguez Channel EWMP cost sharing includes PCB monitoring and reporting as required by the MS4 permit. Also, the fund will be applicable to construct stormwater quality improvement projects to minimize toxic Total Maximum Daily Loads (“TMDL”) such as PCBs.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

None.