Hawthorne City Council
September 24, 2024

AGENDA ITEM NO. 10

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 24, 2024
Originating Department: City Attorney
City Manager:

Vontray Norris
City Attorney:

Robert Kim
SUBJECT:

RESOLUTION NO. 8492

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, PROCLAIMING SEPTEMBER 15, 2024 THROUGH OCTOBER 15, 2024 AS HISPANIC HERITAGE

MONTH IN THE CITY OF HAWTHORNE, CALIFORNIA
RECOMMENDED MOTION:

Staff Recommends that the City Council adopt Resolution No. 8492 DISCUSSION:

National Hispanic Heritage Month (September 15 to October 15) recognizes the contributions made and the important presence of Hispanic and Latino Americans to the United States and celebrates their heritage and culture. September 15 is the starting point for the celebration because it is the anniversary of independence of five Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16 and September 18, respectively. In September 1968, Congress authorized President Lyndon B. Johnson to proclaim National Hispanic Heritage Week, observed during the week that included September 15 and September 16. Congress expanded the observance in 1989 to a month long celebration (September 15 through October 15) of the culture and traditions of those who trace their roots to Spain, Mexico and the Spanish-speaking nations of Central America, South America and the Caribbean.

Hispanics have had a profound and positive influence on our country through their strong commitment to family, faith, hard work and service. Hispanics have enhanced and shaped our national character with centuries-old traditions that reflect the multiethnic and multicultural customs of their community. The Hispanic population of the United States currently constitutes

nearly one fifth of the nation's total population making people of Hispanic origin the nation's largest ethnic or racial minority.

FISCAL IMPACT:

None.

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

1. Resolution No. 8492
- 1 -
RESOLUTION NO. 8492

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HAWTHORNE, CALIFORNIA, PROCLAIMING SEPTEMBER 15,
2024 THROUGH OCTOBER 15, 2024 AS HISPANIC HERITAGE

MONTH IN THE CITY OF HAWTHORNE, CALIFORNIA
WHEREAS, National Hispanic Heritage Month (September 15 to October 15) recognizes the contributions made and the important presence of Hispanic and Latino Americans who came from Mexico, Spain, the Caribbean, and South and Central America to the United States and celebrates their heritage and culture; and
WHEREAS, September 15 is the starting point for the celebration because it is the anniversary of independence of five Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16 and September 18, respectively; and WHEREAS, in June 1968, Congressman George E. Brown who represented two heavily Latino and Hispanic populated areas, San Gabriel Valley and East Los Angeles, introduced Hispanic Heritage Week that led to the observation of Hispanic Heritage Week under President Lyndon B. Johnson and later extended to a 30 day celebration by President Ronald Reagan; and WHEREAS, Hispanics have enhanced and shaped our national character with centuries old traditions that reflect the multi ethnic and multicultural customs of their community; and WHEREAS, the Hispanic population has grown to nearly one-fifth of the United States population, with the State of California alone is home to over 15 million. Los Angeles County has the largest Hispanic population of any county at well over 4 million.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hawthorne does hereby find, determine and order 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 Council of the City of Hawthorne, California hereby proclaims September 15 through October 15 as Hispanic Heritage month and urges all its citizens to celebrate the history, culture and contributions of American citizens whose ancestors came from Mexico, Spain, the Caribbean, and South and Central America. - 2 -
Section 3. The City Clerk shall certify to the adoption of this Resolution and thereafter the same shall be in full force and effect.

PASSED, APPROVED, and ADOPTED this 24th day of September, 2024. ______________________________
ALEX VARGAS, Mayor
City of Hawthorne, California
ATTEST:
______________________________
DAYNA WILLIAMS-HUNTER, City Clerk
City of Hawthorne, California
APPROVED AS TO FORM:
___________________________________
ROBERT M. KIM, City Attorney
City of Hawthorne, California

AGENDA ITEM NO. 12

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 24, 2024
Originating Department: Community Services
City Manager: __________
Vontray Norris
SUBJECT:

Fire Services Agreement with the Consolidation Fire Protection District of Los Angeles RECOMMENDED MOTION:

Staff Recommends that the City Council receive and file DISCUSSION:

The City Manager will expend up to $20,000 as Hawthorne's pro rata share of a consultant study to determine the feasibility of forming a South Bay Fire Services District. This will be done in collaboration with other prospective cities from the South Bay Region.

The City of Hawthorne, like many cities in the region, has seen a steady increase in the cost of fire protection services provided through its contract with the Los Angeles County Fire Department. The growing financial burden has prompted discussions about the possibility of alternative solutions, including the formation of a regional fire services district. A regional district could potentially provide greater control over costs, improved service delivery, and long-term sustainability for fire services.

In the absence of an agreement between the City of Hawthorne and Los Angeles County Fire regarding controlling costs, it is proposed that the City explore the feasibility of establishing a South Bay Fire Services District. This effort will be done in conjunction with other South Bay cities that share similar concerns regarding the escalating costs of fire services. The collaborative study will assess the legal, financial, and operational aspects of forming a joint district and determine whether this option could provide significant benefits in terms of cost savings and service delivery.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

1.1 Make ED part of every City decision. Will include alignment of Capital Improvement Plan (CIP) to ED goals and identify goals and objectives of this plan on CC agenda items.

FISCAL IMPACT:

The proposed expenditure of $20,000 represents the City of Hawthorne's pro rata share of the total cost for the consultant study. The funds would come from the General Fund and would be used to cover the city’s portion of the overall cost, alongside contributions from other participating South Bay cities.

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

1. None

AGENDA ITEM NO. 13

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 24, 2024
Originating Department: City Manager
City Manager:

Vontray Norris
SUBJECT:

Approval of an Agreement for Homelessness Coordination between the City of Hawthorne and St. Margaret Center
RECOMMENDED MOTION:

Staff recommends that the City Council approve the agreement with St. Margaret Center to establish a partnership that will fund and fill the position of a Homeless Services Supervisor. The Homeless Services Supervisor will coordinate homelessness outreach, services, and programs within the City of Hawthorne.

DISCUSSION:

The City of Hawthorne has experienced a growing need for effective homelessness services, including outreach, case management, and coordination with regional services. St. Margaret Center, a leading local nonprofit with a history of providing critical social services to vulnerable populations, has been identified as a key partner in addressing homelessness. The City of Hawthorne seeks to enter into an agreement with St. Margaret Center to create a dedicated Homeless Services Supervisor position to enhance coordination and expand services for individuals experiencing homelessness.

The proposed Homeless Services Supervisor will work closely with both the City of Hawthorne and St. Margaret Center to provide oversight of the city's homelessness response. The role will focus on the following key responsibilities:

1. Outreach and Engagement: Engaging with individuals and families experiencing homelessness within the city to provide resources, referrals, and services.

2. Case Management: Assisting un-housed individuals by connecting them to shelter, mental health services, job training, and other supportive programs.

3. Coordination of Services: Collaborating with local non-profits, county services, and regional partners to streamline and improve service delivery to the homeless population.

4. Monitoring and Reporting: Tracking outcomes, monitoring service delivery, and providing reports to the city regarding homelessness trends and interventions.

5. Grant and Funding Management: Assisting the city in identifying grant opportunities and securing funds to support homelessness services.

St. Margaret Center will be responsible for overseeing the employment and day-to-day management of the Homeless Services Case Manager. The City of Hawthorne will provide funding support and collaborate closely on homelessness policy, program development, and outreach efforts. Homelessness remains a significant challenge in the City of Hawthorne. The partnership with St. Margaret Center to create a Homeless Services Supervisor position represents a proactive step toward improving coordination and services for the city's un-housed population.

This dedicated role will increase the city's capacity to engage and support homeless individuals and ensure a more comprehensive approach to addressing homelessness.Staff recommends that the City Council approve the agreement with St. Margaret Center and authorize the City Manager to execute the necessary documents to implement this partnership.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

FISCAL IMPACT:

Funds for this item are made available by the American Rescue Plan.

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

1. AGREEMENT FOR HOMELESSNESS COORDINATION SERVICES BETWEEN THE CITY OF HAWTHORNE AND ST. MARGARET'S CENTER/CATHOLIC CHARITIES OF LOS ANGELES, INC.

AGREEMENT FOR HOMELESSNESS COORDINATION SERVICES BETWEEN THE CITY OF HAWTHORNE AND ST. MARGARET'S CENTER/CATHOLIC

CHARITIES
OF LOS ANGELES, INC.

This Professional Services Agreement for Homeless Coordination Services ("Agreement") is dated and effective as of September 25, 2024 (the "Effective Date"), and between the City of Hawthorne, a California ' municipal corporation ("City") and St. Margaret's Center, a Program of Catholic Charities of Los Angeles, Inc. ("Subcontractor").

RECITALS
A. The City of Hawthorne ("City") Council approved $115,000 in funding to provide more access to intervention and emergency resources to people experiencing homelessness.

B. The City has determined that it requires the services of Subcontractor to assist City in the development and execution of the Homelessness Plan
C. Subcontractor represents that it has the experience, staff and capability to provide the Services necessary to assist City in the development and execution of the Homelessness Plan. The parties therefore agree as follows:

1. TERM.

The terms of this Agreement shall commerce on the Effective Date and expire in twelve (12) months, or on June 30, 2025, whichever is sooner, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES.

Subcontractor shall perform the Services, as assisting current Homeless Services Supervisor with outreach and provide more access to intervention and emergency resources to people experiencing homelessness.

3. PERFORMANCE.

Subcontractor shall at all times faithfully, competently and to the best of its ability, experience and talent, provide the Services described in agreement. Subcontractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Subcontractor under this Agreement in meeting its obligations under this Agreement.

4. PAYMENT.

A. Compensation. City shall pay Subcontractor the total sum of One Hundred and Fifteen Thousand Dollars ($115,000) (the "maximum compensation"),
B. Reimbursable Charges. Reimbursable charges under this Agreement include compensation and benefits of a 1 FTE for Homeless Service Staff person, up to 30% program costs—including mileage, supportive services, contingency, and supervision costs—and up to 15% administrative overhead expenses.

C. Method of Payment. Not later than the fifteenth (15)-calendar day of each month, Subcontractor shall submit to City invoices for actual reimbursable charges pursuant to this Agreement during the prior month. The invoices shall describe in detail the reimbursable charges and the rates charged during each period. City shall make payment within thirty (30) calendar days of receipt of each invoice as to all non-disputed fees. City shall not withhold federal payroll, state payroll and other its taxes, or other similar deductions from each payment made to Subcontractor. If City disputes an amount in an invoice, City shall give written notice of the dispute to Subcontractor within thirty (30) calendar days of City's receipt of the invoice.

5. TERMINATION OF AGREEMENT WITHOUT CAUSE.

A. The City or the Subcontractor may at any time, for any reason, with or without cause, terminate this Agreement by serving upon either party at least thirty (30) calendar days' prior written notice. Upon receipt of notice of termination, Subcontractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice, unless the notice provides otherwise.

B. In the event this Agreement is terminated pursuant to this Section 5, City shall pay to Subcontractor the actual value of the Services satisfactorily performed up to the time of termination.

Upon termination of the Agreement pursuant to this Section 5, Subcontractor shall submit an invoice to the City pursuant to Section 4. In no event shall Subcontractor be entitled to receive more than the maximum compensation set forth in Section 4.A. of this Agreement that would be paid to Subcontractor for the full performance of the services required by this agreement. Neither party shall have any other claim against the other party by reason of such termination.

6. OWNERSHIP OF DOCUMENTS.

A. Subcontractor shall maintain complete and accurate records with respect to costs, expenses, and other such information as the City has reasonably required by written notice to Subcontractor that relate to Subcontractor's performance of services under the Agreement. Subcontractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. Subcontractor shall provide free access to representatives of City, or its designees, at reasonable times to such books and records shall permit City to make transcripts therefrom as necessary and shall allow inspection of all work, data, documents, proceedings, and activities as required by the Grant Agreement...

B. Upon the expiration or termination of this Agreement, all original documents, designs, drawings, maps, models, and computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement shall become City's sole property and may be used, reused or otherwise disposed of by City without Subcontractor's permission. Subcontractor shall return same promptly to City no later than forty-five (45) calendar days following notice to Subcontractor.

7. INDEMNIFICATION.

A. Identify for Professional Services. In connection with Subcontractor's performance of professional services, Subcontractor shall hold harmless and indemnify City, its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"), from and against any claim, demand, damage. Liability, loss, cost, expense, cause of action, proceedings, judgements, penalties, liens, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys and other professionals, and all costs associated therewith (collectively, "claims"), including death or injury to any person and injury to any property, arising out of, pertaining to, or relating to, in whole or in part, the gross negligence or willful misconduct of Subcontractor, its officers, employees, subcontractors, or agents in the performance of its professional services under this Agreement. Subcontractor shall reimburse city its cost of defense of claims, including reasonable attorneys ' fees, expert fees and all other costs and fee obligation.

Subcontractor's liability to City for City's costs of defense of claims shall not exceed the greater of Subcontractor's proportionate percentage of fault or the amount paid to Subcontractor under this Agreement.

B. The terms of this Section 7.shall survive the expiration or termination of the Agreement.

8. INSURANCE REQUIREMENTS.

Subcontractor 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 by Subcontractor, its agents, representatives or employees.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability Form No. CG00011185 or 88 2) Insurance Services Office Business Auto Coverage form CA 00010692 covering Automobile Liability, code 1 (any auto). If Subcontractor owns no automobiles, a non-owned auto endorsement to the general Liability policy described above is acceptable. 3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

B. Minimum Limits of Insurance. Subcontractor shall maintain limits no less than:
1) General Liability: Two million dollars ($2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limits are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
3) Workers' Compensation as required by the State of California; employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.

C. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Subcontractor; or automobiles owned, leased, hired, or borrowed by Subcontractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, or volunteers.
2) For any claims related to this Agreement or performance under this Agreement, Subcontractor's insurance coverage shall be primary insurance as respects City, its officers, official's employees, and volunteers. Any insurance or self- insurance maintained by City, its officers, official s, employees, or volunteers shall be in excess of Subcontractor's insurance and shall not contribute to it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, its officers, officials, employees, or volunteers.
4) Subcontractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either its party, or reduced in coverage in limits except after thirty (30) days' prior written notice, by certified mail, return receipt requested, to City.

D. Acceptability of Insurers. Insurance is to be placed with insurers with current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to City. Insurance shall not be considered to comply with these insurance requirements.

E. Verification of Coverage. Subcontractor shall furnish City with origins endorsements effecting coverage required by this clause. The endorsements are to be signed by person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before Subcontractor's performance of the Services.

9. INDEPENDENT CONTRACTOR.

A. Subcontractor is and shall at all times remain as to City a wholly independent contractor. Any personnel performing Services under this Agreement on Subcontractor's behalf shall at all times be under Subcontractor's exclusive direction and control. Neither City nor any of their officers, employees, agents, or volunteers shall have control over the conduct of Subcontractor or any of Subcontractor's officers, employees, or agents, except as set forth in this Agreement. Subcontractor shall not at any time, or in any manner, represent that it or any of its officers, employees, or agent are in any manner officers, employees, or agents of City. Subcontractor shall not incur, or have the power to incur, any debt, obligation, or liability whatever against City, or bind in any manner.

B. No employee benefits shall be available to Subcontractor in connection with the performance of this Agreement. Except for the fees paid to Subcontractor as provided in the Agreement. City shall not pay salaries, wages, or other compensation to Subcontractor for performing the Services under this Agreement for City. City shall not be liable for compensation or indemnification to Subcontractor for injury or sickness arising out of performing the Services under this Agreement.

10. LEGAL RESPONSIBILITES.

Subcontractor shall keep itself informed of all local, state, and federal ordinances, laws, and regulations that in any manner may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Subcontractor shall at all times observe and comply with all such ordinances, laws, and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by Subcontractor's failure to comply with this Section 13.

11.CONFIDENTIALITY; RELEASE OF INFORMATION.

A. All information gained by Subcontractor in performance of this Agreement shall be considered confidential and shall not be released by Subcontractor without City's prior written authorizations.

Subcontractor, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Managers, or unless requested by the city Council, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within City unless required by any law, court or other governmental agency to do so.

B. Subcontractor shall promptly notify City, should Subcontractor, its officers, employees, agents, or subcontractors 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 party regarding this Agreement and the Services performed there under or with respect to any project or property located within City. City retains the right, but has no obligation, to represent Subcontractor or be present at any deposition, hearing, or similar proceeding. Subcontractor shall cooperate fully with City and provide City with the opportunity to review any response to discovery requests provided by Subcontractor. 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.

12. NOTICES.

Any notice, request, demand, bill, invoice, report, or other communication required or permitted under this Agreement shall be in writing and given by first class United Stated mail or by personal service. Notices shall be conclusively deemed effective on: (a) personal delivery, (b) confirmed delivery by courier service during Subcontractor's and City's regular business hours, or (c) the third (3rd) business day after deposit in the United States mail, by first class mail, postage prepaid, to the addresses below, or to such other addresses at the parties may, from time to time, designate in writing pursuant to the provisions of this Section 15. All notices shall be delivered to the parties at the following addresses:

To City: City of Hawthorne
3901 W. El Segundo Blvd.

Hawthorne, California 90250
To Subcontractor: St. Margaret's Center
10217 S. Inglewood Ave.

Inglewood, CA 90304
Attn: Mary Agnes Erlandson, Jonathan Said

13. PROHIBITION OF SUBCONTRACTING ASSIGNMENT AND DELEGATION.

Subcontractor shall not subcontract, assign any way of its rights, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. City's consent to a subcontract or an assignment of rights under this Agreement shall not release Subcontractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempt subcontracted, assignment, or delegation in violation of this Section 16 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 16, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

14. LICENSES.

At all times during the term of this Agreement, Subcontractor shall have in full force and effect, all licenses require of it by law for the performance of the Services described in this Agreement.

15. COOPERATION.

In the event any claim or action is brought against city relating to Subcontractor's performance of the Services under this Agreement, Subcontractor shall render any reasonable assistance and cooperation that City requires, including testifying upon City's request.

16. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.

In the performance of this Agreement, Subcontractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation, or other basis prohibited by law.

Subcontractor shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or sexual orientation.

17. GOVERNING LAW: FORUM; ATTORNEY FEES.

City and Subcontractor 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, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in the municipal, superior, or federal court with geometric jurisdiction over City. In any litigation or other proceeding by which one party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded reasonable attorneys' fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.

18. PROHIBITED INTEREST.

No officer or employee of City who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, Subcontractor, or Subcontractor's subcontractors performing Services, during its tenure or for one (l) year thereafter. Subcontractor hereby warrants and represents to City that no officer or employee of City has any interest, whether contractual, non-contractual, financial, or otherwise, in this transaction, or in the business of Subcontractor or Subcontractor's subcontractors performing services under this Agreement. Subcontractor shall notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

19. WORD USAGE.

Unless the context clearly requires otherwise, (a) the words "shall", "will" or "agrees" are mandatory, and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" and "including" are not limiting.

20. HEADINGS.

The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the tights or obligations of the parties to this Agreement.

21. TIME OF ESSENCE.

Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the forgoing may not be construed to limit or deprive a party of the benefits of any grace or use period allowing in this Agreement.

22. EXHIBITS.

Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.

23. SEVERABILITY.

If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid for any reason, the validity and enforceability of the remaining provisions of this Agreement shall not be affected.

24. MODIFICATIONS.

This Agreement may be supplemented, amended, or modified only by a writing signed by both parties.

25. AMBIGUITIES.

Each party and its counsel have participated fully in the review and revision of this Agreement.

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement.

26.WAIVER.

No delay or omission to exercise any right, power, or remedy accruing to City under this Agreement shall impair any right, power, or remedy of City, nor shall it be constructed as a waiver of, or consent to any breach or default. No waiver of any breach, any failure of any condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver; (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver, unless the writing expressly so states.

27. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the parties relating to the obligations of the parties describes in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, for which Subcontractor acknowledges receipt of all payment for services rendered, 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.

28. AUTHORITY TO EXECUTE THIS AGREEMENT.

The person or persons executing this Agreement on behalf of Subcontractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Subcontractor and has the authority to bind Subcontractor to the performance of its obligations hereunder.

St. Margaret's Center CITY OF HAWTHORNE
_______________________________ _______________________________________ Rev. Gregory A. Cox Vontray Norris
Executive Director, on behalf of City Manager
St. Margaret's Center City of Hawthorne
A Program of Catholic Charities
Of Los Angeles, Inc.
____________________________ _____________________________________ Dated· Dated·
Approved as to form by:
_____________________________________
City Attorney

AGENDA ITEM NO. 14

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 24, 2024
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Progress Payment #6 and Final Acceptance in the amount of $108,870.00 due to Sequel Contractors of Santa Fe Springs, CA for Northeast Hawthorne Mobility Improvement Project (Project # 21-05)
RECOMMENDED MOTION:

Staff recommends that the City Council approve this Progress Payment #6 and Final Acceptance to Sequel Contractors of Santa Fe Springs, CA and release 5% retention amount 35 days after Final Approval.

DISCUSSION:

The work consisted of construction of ADA ramps, regrading of street surface, traffic striping, including parking Ts, illuminated flashing stop signs, stormwater BMPs system, and all other work necessary to complete the improvemetns in accordance with the Plans and Specifications.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

This project is a result of the City working closely with funding and regulatory agencies to support and improve our infrastructure.

FISCAL IMPACT:

None. Funds for this progress payment in the amount of $108,870.00 plus 5% retention are available in the adopted Fiscal Year 2024-2025 budget and will be paid for with approved and allocated Proposition C, Measure R and Measure M Grants.

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

ATTACHMENT(S):

1. Progress Payment #6 and Final Acceptance

AGENDA ITEM NO. 15

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 24, 2024
Originating Department: Housing
City Manager: __________
Vontray Norris
Dir. of Housing: ___________
Kimberly Mack
SUBJECT:

Section 8 Housing Choice Voucher Program, Award of Additional Administrative Fee Funding for Small Area Fair Market Rents Implementation
RECOMMENDED MOTION:

The staff recommends that the City Council:

1. Receive and approve for use, the Special Administrative Fees from the U.S. Department of Housing and Urban Development (HUD) to offset the transition cost of the mandatory use of Small Area Fair Market Rents (SAFMRs).

2. Authorize the Finance Department to make funds immediately available in the 810 account.

DISCUSSION:

On October 25, 2023, HUD published, “Small Area Fair Market Rents in the Housing Choice Voucher Program Metropolitan Areas Subject to Small Area Fair Market Rents (FR-6426-N-01).” Under this notice, which has an implementation date of October 1, 2024, HUD designated 41 new metropolitan FMR areas that must implement SAFMRs.

PHAs operating in newly designated mandatory SAFMRs will receive $10,000 in special administrative fee to offset transition costs. PHAs do not need to apply for these funds as HUD will disburse them automatically based on PHAs’ location in a designated mandatory SAFMR area.

Eligible transition costs could be related to activities that may include, but are not limited to, the following:
• Additional outreach to families and landlords on new FMR methodology and payment standards;
• Development of additional briefing materials;

• Hiring of additional staff;
• Staff training;
• Changes to rent reasonableness determinations methodology; and • Required software modifications needed to accommodate SAFMRs.1 The City of Hawthorne Housing Authority received confirmation notification on March 18, 2024, that HUD will be providing the additional Housing Program funds.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

None
FISCAL IMPACT:

None.

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

1. CA126_MSC_20240312_SAFMR_SpecialFees_M24-076 (002).pdf

2. CA126_POB_20240318_24-062 Mar24AF SAFMR_M24-077.pdf
1 PIH 2023-07
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000

OFFICE OF PUBLIC AND INDIAN HOUSING

CITY OF HAWTHORNE HOUSING AUTHORITY
4455 W 126TH ST
HAWTHORNE, CA 90250-0000
Dear Executive Director:

March 12, 2024
Kimberly Mack
Executive Director
Miguel A. Fontánez
Director
Housing Voucher Financial
Management Division
Sincerely
Thank you for your continued participation in the Housing Choice Voucher (HCV) Program and for ensuring decent, safe and affordable housing for families most in need in your jurisdiction HUD recognizes that PHAs located in a designated SAFMR area may incur additional, implementation-related administrative costs. On October 26, 2023, HUD published “Notice PIH 2023-07, Revision 1” that added a new category of special administrative fees for PHAs operating in newly designated SAFMR areas. Under these special fees, PHAs operating in the new SAFMR areas will receive $10,000 to offset the administrative costs of transitioning to SAFMRs.

Should you have questions concerning this determination, please contact Yasandra Deyá at [email protected] or Rachel Kennedy at [email protected].

SUBJECT: Housing Choice Voucher Programs – Special Fees for PHAs operating in newly designated mandatory SAFMRs Under the CY 2023 Administrative Fee Set-Aside On October 25, 2023, HUD published the SAFMR notice designating 41 new metropolitan areas where PHAs will be required to utilize SAFMRs in the HCV program. The notice included an implementation date of October 1, 2024, and PHAs operating in the newly designated metropolitan areas will then have until January 1, 2025, in accordance with 24 CFR 982.503(b)(1)(i) to implement SAFMR-based payment standards. PHAs in designated SAFMR areas are required to use SAFMRs for their tenant-based HCV vouchers and may choose to apply SAFMRs to their Project-based Voucher (PBV) program, if applicable.

Your PHAs is identified as operating in one of the newly designated SAFMR areas. The amount of funding your agency has been awarded is $10,000. Please see Notice PIH 2023-07, Revision 1 for more information, including eligible activities that can be paid for with the special fees. www.hud.gov espanol.hud.gov
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Financial Management Center
2380 McGee Street, Suite 400
Kansas City, MO 64108-2605

OFFICE OF PUBLIC AND INDIAN HOUSING
Dear Executive Director:

SUBJECT: Section 8 Housing Choice Voucher Program - Award of Additional Funding Memo Reference: 24-077
Sincerely,

CITY OF HAWTHORNE HOUSING AUTHORITY
4455 W 126TH ST
HAWTHORNE, CA 90250
CA126
This letter is to notify you that HUD will be providing your agency additional Housing Voucher program funds. The amount of funds being obligated and the purpose of such funds are reflected in the table below.

Your executed copy of the notice to amend the Consolidated Annual Contributions Contract (CACC) with revised funding exhibits reflecting the changes described above will be transmitted under separate cover. That letter will contain all information related to this funding including increment number, effective/expiration dates and units, if applicable.

If you have any questions, please contact your Financial Analyst.

March 18, 2024
Division Director
Point of Obligation Letter
Budget Authority
Assigned
Program Funding Purpose of Funding
AF $10,000 SAFMR Round 1
www.hud.gov espanol.hud.gov

AGENDA ITEM NO. 16

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 24, 2024
Originating Department: Police - Administrative
City Manager: __________
Vontray Norris
Chief of Police: ___________
Gary Tomatani
SUBJECT:

Agreement with the City of Inglewood for Supplemental Law Enforcement Services for Special Events in the City of Inglewood.

RECOMMENDED MOTION:

Approve the proposed Agreement with the City of Inglewood for supplemental law enforcement support for special events in the City of Inglewood, and authorize the City Manager or the Chief of Police to execute all documents related thereto.

DISCUSSION:

In July of 2021, the City of Hawthorne entered into an agreement with the City of Inglewood providing supplemental law enforcement officers for some of the large events occurring at venues in Inglewood. Pursuant to the agreement, Hawthorne police officers, along with Sheriffs deputies, provided additional security at SoFi Stadium and other venues. All costs associated with the service were reimbursed by Inglewood. In April of 2022, both Cities agreed to a First Amendment reflecting the increase in hourly pay for Hawthorne police officers. In September of 2023, both Cities agreed to a Second Amendment with corresponding increase in hourly pay for Hawthorne police officers.

The original agreement entered into by both Cities in July of 2021, has been extended for the allowable two 12 month extensions (the First Amendment and the Second Amendment), so a new agreement is necessary.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

None.

FISCAL IMPACT:

None.

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

1. July 2021 Agreement with the City of Inglewood.

2. First Amendment to the July 2021 Agreement with the City of Inglewood.

3. Second Amendment to the July 2021 Agreement with the City of Inglewood.

4. September 2024 Proposed Supplemental LES Agreement with Exhibit A

1 2
3 4
5 6
7 8
9 AGREEMENT No.: _________
THIS AGREEMENT is made and entered into this _____ day of _____, 2024, by and between the City of Inglewood, a municipal corporation and charter city (“Inglewood”) and City of Hawthorne, a municipal corporation (“Public Entity”) WHEREAS, Inglewood is desirous of contracting with Public Entity for the performance of supplemental law enforcement functions related to special events (“Events”) taking place in the City of Inglewood; and
WHEREAS, Public Entity is agreeable to rendering such supplemental law enforcement services, as available, on the terms and conditions set forth in this 10 Agreement; and
11 NOW THEREFORE, pursuant to the authority set forth in Government Code 12 sections 54981 and 55632 and in consideration of mutual covenants contained herein, 13 and for good and valuable consideration, the parties mutually agree as follows:
14 15
ARTICLE 1 – SCOPE OF SERVICES

1.1 Public Entity agrees, through its Police Department, to provide 16 supplemental law enforcement services to Inglewood for special events as requested 17 by Inglewood during the term of this Agreement. The amount and type of supplemental 18 law enforcement services provided by Public Entity to Inglewood for any specific Event 19 shall be subject to availability as determined by Public Entity in its sole and absolute 20 discretion. Inglewood acknowledges, understands and agrees that Public Entity may 21 decline to provide supplemental law enforcement services for specific Events based on 22 its determinations of availability. Inglewood hereby provides consent, pursuant to Penal 23 Code section 830.1(a)(2), for any Public Entity peace officer providing services 24 hereunder to exercise full peace officer authority within Inglewood’s jurisdiction. 25 26 supplemental law enforcement needs for a specific Event at least thirty (30) calendar 27 day prior to the date of the Event. Inglewood’s request for supplemental law

1.2 Inglewood shall notify Public Entity in writing of its anticipated 28 enforcement services shall be on official City letterhead. The request shall contain \\ing-data3\Legal\DBRENNEMAN\Contract\Supplemental LE Services\Supplmental LES Agreement Hawthorne 2024.docx

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specific dates of service, hours of operation, number of personnel requested, classification of personnel requested and duties and responsibilities associated with the type of service requested. The request shall be submitted to Public Entity’s Chief of Police. The request shall be signed by the Inglewood Chief of Police, or his designee.

Thereafter, Public Entity will notify Inglewood indicating the amount and type of supplemental law enforcement services Public Entity will provide for the Event. Notices provided by Public Entity indicating the type and amount of supplemental services that will be provided by Public Entity for a specific event must be signed by the Chief of Police in order to be valid and binding on Public Entity.
3 4
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9 10 1.3 Inglewood hereby grants to Public Entity and its personnel the right to 11 transmit and broadcast communications to the Inglewood Police Department’s units via 12 the Inglewood Police Department’s primary dispatch frequency and/or any other law 13 enforcement frequency for which Inglewood is licensed by the Federal Communications 14 Commission.
15 1.4 Under no circumstances shall Public Entity’s inability or failure to provide 16 supplemental law enforcement services because of an emergency, disaster, or other 17 incident constitute a breach of this Agreement.
18 1.5 Public Entity shall furnish and supply all necessary labor, supervision, 19 personnel, equipment, communications, fuel, and supplies necessary to provide 20 supplemental law enforcement services for special events. Notwithstanding the 21 foregoing, the services performed by Public Entity, the discipline of Public Entity officers, 22 and other matters incident to the performance of services, including the control of 23 personnel so employed shall remain with Public Entity and shall be performed pursuant 24 to Public Entity’s Police Department’s policies and procedures. 25 1.6 The parties agree that for purposes of providing the supplemental law 26 enforcement services herein, Inglewood shall be in charge of creating all operational 27 plan(s) related to said events.
28 1.7 All services shall be performed to the satisfaction of Inglewood. \\ing-data3\Legal\DBRENNEMAN\Contract\Supplemental LE Services\Supplmental LES Agreement Hawthorne 2024.docx

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9 ARTICLE 2 – PERSONNEL

2.1 The classification, approximate numbers of personnel and number of hours shall be determined and mutually agreed up by the Parties prior to the provision of the requested supplemental law enforcement services.

2.2 Inglewood shall not be liable or legally responsible for the direct payment to any of Public Entity personnel for salaries, wages, or other compensation for services performed pursuant to this Agreement or for any claims made by Public Entity personnel for personal injuries, including but not limited to Workers' Compensation claims or benefits, arising in connection with services rendered pursuant to this Agreement. All 10 Public Entity employees who work in conjunction with Inglewood pursuant to this 11 Agreement shall remain employees of Public Entity and shall not have any claim or right 12 to employment, civil service protection, salary, or benefits or claims of any kind from 13 Inglewood based on this Agreement. No Public Entity employees shall become 14 employees of Inglewood.
15 16
ARTICLE 3 – COMPENSATION

3.1 Inglewood will compensate Public Entity for the services performed per 17 this Agreement, during the Term of this Agreement, and at the billing rate set forth in 18 Exhibit “A” to this Agreement, which is attached hereto and incorporated by reference. 19 3.2 The rates in Exhibit “A” are developed by Public Entity. These rates are 20 designed to reimburse Public Entity costs in the compensation of employees, the 21 administration of workers’ compensation benefits, and Public Entity’s overhead 22 attributable to providing the services identified in this Agreement. 23 3.3 The maximum cost for Public Entity supplemental law enforcement 24 services shall not exceed $2,200,000 during the term of this Agreement. 25 26
ARTICLE 4 – INDEMNIFICATION

4.1 Inglewood shall indemnify, defend, and hold harmless Public Entity, its 27 governing body, elected and appointed officers, employees, and agents from and 28 against any and all liability, including but not limited to demands, claims, actions, fees, \\ing-data3\Legal\DBRENNEMAN\Contract\Supplemental LE Services\Supplmental LES Agreement Hawthorne 2024.docx

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costs, and expenses (including attorney and expert witness fees), arising from or connected with Inglewood’s acts and/or omissions arising from and/or relating to this 3 Agreement.
4 4.2 Public Entity shall indemnify, defend, and hold harmless Inglewood, its 5 governing body, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the Public Entity’s acts and/or omissions arising from and/or relating to this Agreement.
6 7
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10 4.3 The Indemnification and Hold Harmless provisions above shall be limited 11 in duration to the Term of this Agreement. However, each entity’s obligation to indemnify, 12 defend, and hold harmless shall apply to any and all injuries, losses, or damages which 13 occur or accrue during the date(s) of the Event(s), but which are reported after this 14 Agreement’s ending date.
15 16
ARTICLE 5 – TERM

5.1 This Agreement shall commence upon execution by the parties and shall 17 remain in effect through September 30, 2025 unless sooner terminated or extended in 18 whole or in part as provided for herein.
19 5.2 The term of this Agreement may be extended by the parties for up to two 20 additional one-year periods, at the parties' mutual agreement. 21 22
ARTICLE 6 – RIGHT OF TERMINATION

6.1 Either party may terminate this Agreement with or without cause by giving 23 not less than sixty (60) calendar days advance written notice to the other party. 24 6.2 In the event of a termination, each party shall fully discharge all obligations 25 owed to the other party accruing prior to the date of such termination, and, except as 26 otherwise provided herein, each party shall be released from all obligations, which would 27 otherwise accrue subsequent to the date of termination. 28 \\ing-data3\Legal\DBRENNEMAN\Contract\Supplemental LE Services\Supplmental LES Agreement Hawthorne 2024.docx

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9 ARTICLE 7 – PAYMENT PROCEDURES

7.1 Within forty-five (45) calendar days from each Event, Public Entity will deliver to Inglewood an invoice for the Services and Inglewood will pay any undisputed amount within forty-five (45) calendar days from the date of receipt of Public Entity’s invoice. The invoice and payment shall each be delivered pursuant to the Notice requirements in this Agreement.

7.2 For all disputed amounts, Inglewood will provide Public Entity with written notice of the dispute including the invoice date, amount, and reasons for dispute within twenty (20) days after receipt for the invoice. The Parties shall memorialize the 10 resolution of the dispute in writing.
11 7.3 Where Inglewood has an agreement with a third party for reimbursement 12 for the costs of supplemental law enforcement services for Events covered by this 13 Agreement which Public Entity has provided supplemental law enforcement services, 14 Inglewood’s time to pay Public Entity as specified in Section 7.1 shall be extended in 15 cases where a third party has not provided reimbursement to Inglewood in the time 16 proscribed between the agreement between Inglewood and said third party. 17 7.4 Where Inglewood has an agreement with a third party for reimbursement 18 for the costs of supplemental law enforcement services for Events covered by this 19 Agreement which Public Entity has provided supplemental law enforcement services, 20 and Inglewood not received its reimbursement, Public Entity’s remedy to obtain payment 21 for services provided herein shall be against the third party and not Inglewood. 22 23
ARTICLE 8 - AMENDMENTS

8.1 All changes, modifications, or amendments to this Agreement must be in 24 the form of a written Amendment duly executed by authorized personnel of Inglewood 25 and Public Entity.
26 27
ARTICLE 9 – INSURANCE

9.1 Each party agrees to either self-insure in an amount not less than specified 28 below or insure against damages or injuries which may arise from the activities \\ing-data3\Legal\DBRENNEMAN\Contract\Supplemental LE Services\Supplmental LES Agreement Hawthorne 2024.docx

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contemplated by this Agreement by purchasing and maintaining for the term of this Agreement a commercial general liability insurance policy, and automobile policy, both with a combined single limit of not less than two million dollars ($2,000,000), which policy shall include or be endorsed to include the other party as an additional insured. The Parties agree to provide evidence of such insurance upon request. Each party shall also carry Worker’s Compensation Insurance for its own employees as required by law. 3 4
5 6
7 9.2 Public Entity agrees to waive, and to obtain endorsements from its workers’ 8 compensation insurer (if any) waving, subrogation rights under its workers’ compensation 9 insurance policy against the City.
10 11
ARTICLE 10 – ASSIGNMENT, DELEGATION AND SUBCONTRACTING

10.1 A party shall not assign its rights and/or subcontract, or otherwise delegate, 12 its duties under this Agreement, either in whole or in part, without the prior written consent 13 of the other party, and any attempted assignment or delegation without such consent shall 14 be null and void.
15 16
ARTICLE 11 – GOVERNING LAW, JURISDICTION AND VENUE

11.1 This Agreement shall be interpreted, construed and governed according to 17 the laws of the State of California. In the event of litigation between the parties, venue in 18 state trial courts shall lie exclusively in the County of Los Angeles, Superior Court, 19 Southwest District, located at 825 Maple Avenue, Torrance, California 90503-5058. In the 20 event of litigation in the United States District Court, venue shall lie exclusively in the 21 Central District of California, in Los Angeles.
22 23
ARTICLE 12 – NOTICE

12.1 Any notices given pursuant to this Agreement shall be deemed received and 24 effective on the date personally delivered or, if mailed, five (5) days after deposit of the 25 same in the custody of the United States Postal Service, when properly addressed, posted 26 and deposited in the United States mail addressed to the respective Parties as follows:
27 28
\\ing-data3\Legal\DBRENNEMAN\Contract\Supplemental LE Services\Supplmental LES Agreement Hawthorne 2024.docx

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Inglewood: Public Entity:

Chief Mark Fronterotta
Inglewood Police Department
City of Inglewood
One Manchester Boulevard
Inglewood, CA 90301
Chief Gary Tomatani
Hawthorne Police Department
12501 S. Hawthorne Blvd.

Hawthorne, CA 90250
3 4
5 With Copies To:

Aisha L. Thompson
City Clerk
City of Inglewood
One Manchester Boulevard
Inglewood, CA 90301
6 7
8 9
City Attorney
City of Inglewood
One Manchester Boulevard
Inglewood, CA 90301
10 11
12 13
14 ARTICLE 13 – VALIDITY

13.1 If any provision of this Agreement or the application thereof to any person 15 or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.

ARTICLE 14 – WAIVER
16 17
18 19
20 21

14.1 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, not a waiver of any subsequent breach or violation of 22 any provision of this Agreement. Acceptance by City of any work or services by Public Entity shall not constitute a waiver of any of the provisions of this Agreement.

ARTICLE 15 – ENTIRE AGREEMENT
23 24
25 26

15.1 This Agreement, and any executed Amendments hereto or thereto, constitute the complete and exclusive statement of understanding of the parties which 27 supersedes all previous agreements, written or oral, and all communications between 28 the parties relating to the subject matter of this Agreement. No change to this Agreement \\ing-data3\Legal\DBRENNEMAN\Contract\Supplemental LE Services\Supplmental LES Agreement Hawthorne 2024.docx

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shall be valid unless prepared pursuant to Section 8, Amendments, of this Agreement and signed by both parties.
3 IN WITNESS WHEREOF, the City of Inglewood and Public Entity, have executed 4 this Agreement as of the date first above written.
5 6 CITY OF INGLEWOOD PUBLIC ENTITY
7 8
9 _________________________
James T. Butts, Jr., Mayor
___________________________
Alex Vargas, Mayor
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28 ATTEST: APPROVED AS TO FORM:
_________________________
Aisha L. Thompson, City Clerk
___________________________
Robert Kim, City Attorney
APPROVED AS TO FORM:
___________________________
Rick R. Olivarez, Interim City Attorney
\\ing-data3\Legal\DBRENNEMAN\Contract\Supplemental LE Services\Supplmental LES Agreement Hawthorne 2024.docx

AGENDA ITEM NO. 17

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 24, 2024
Originating Department: Housing
City Manager: __________
Vontray Norris
Dir. of Housing: ___________
Kimberly Mack
SUBJECT:

Receive and file Housing Authority Annual Report for Fiscal Year 2023-24 RECOMMENDED MOTION:

Staff recommends that the City Council receive and file the City of Hawthorne Housing Authority Annual Report for Fiscal Year 2023-24 (EXHIBIT “A”)
DISCUSSION:

The California Health and Safety Code (“HSC”) Section 34328 requires housing authorities to prepare an annual report and file it with the Department of Housing and Community Development (“HCD”) and the City Clerk by October 1st each year.

Pursuant to HSC Section 34328, the Hawthorne Housing Authority (“Housing Authority”) is required to prepare an annual report (“Annual Report”) documenting:
• Financial activities, including bond issuances, loans or finance agreements entered into by the Housing Authority;
• Development activities, including the development, rehabilitation, or financing of housing projects by the Housing Authority;
• Compliance with HSC Section 34312.3 requirements, such as the minimum amount of housing units affordable to lower income households in projects assisted by the Housing Authority and documentation of established base rents and/or maximum rental payments for lower income households; and
• Documentation of any domestic violence tenancy terminations or Section 8 voucher terminations, as required by HSC Section 34328.1.

ANALYSIS:

The Annual Report was prepared for FY 2023-24 and includes the following findings:
• The Housing Authority did not issue any bonds or enter into any loans or affordable housing commitments.
• The Housing Authority was not involved in any development activities, including the development, rehabilitation, or financing of housing projects. • The Housing Authority remains in compliance with HSC Section 34312.3 requirements, as it does not own or manage any affordable housing properties. • The Housing Authority did not issue any domestic violence related termination notices.

Overall, the Housing Authority is in compliance with HSC requirements.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

None
FISCAL IMPACT:

None.

NOTICING PROCEDURES:

None
ATTACHMENT(S):

1. Hawthorne Housing Authority Annual Report for Fiscal Year 2023-24 FY 2023-24 Housing Authority Annual Report 1 October 2024 Hawthorne Housing Authority
Fiscal Year 2023-24
Housing Authority Annual Report

HAWTHORNE HOUSING AUTHORITY
October 1, 2024
Prepared for:

CITY OF HAWTHORNE
Prepared by:
101 Progress, Suite 250
Irvine, California 92618
(949) 655-3900
FY 2023-24 Housing Authority Annual Report 2 October 2024 Hawthorne Housing Authority
Table of Contents
Section 1 Introduction .............................................................................................................3

1.1 Background ................................................................................................................3

1.2 Legal Authority ...........................................................................................................3

1.3 Benefits ......................................................................................................................3

1.4 Hawthorne Housing Authority.....................................................................................4

1.5 Annual Report Contents .............................................................................................4 Section 2 Housing Authority Financial Activities .................................................................5

2.1 Bonds, Loans, and Financing Agreements ................................................................5

2.2 Financial Statement....................................................................................................5 Section 3 Housing Authority Activities and Land Transactions .........................................6 Section 4 Housing Unit Compliance ......................................................................................7

4.1 Housing Affordability Requirements ...........................................................................7

4.2 Base and Maximum Rents .........................................................................................7

4.3 Domestic Violence Terminations................................................................................8 FY 2023-24 Housing Authority Annual Report 3 October 2024 Hawthorne Housing Authority
Section 1 Introduction

1.1 Background
Pursuant to California Health and Safety Code (“HSC”) Section 34328, housing authorities must file an annual report of the activities for the preceding year (“Annual Report”) with the clerk of the respective city or county and the Department of Housing and Community Development (“HCD”).

This Annual Report for the Hawthorne Housing Authority (“Housing Authority”) covers all the activities for Fiscal Year (“FY”) 2023-24, including housing unit compliance with affordability requirements, activities concerning existing debt obligations, and land transactions and development.

1.2 Legal Authority
Housing authorities are independent, legal entities that derive their powers from State statute and operate as local entities responsible for providing housing for very low- and low-income households.

HSC Section 34200, et seq. (“Housing Authorities Law”) details the requirements for municipalities to create and operate a housing authority. To establish a housing authority, a local jurisdiction must adopt a resolution including findings that either of the following is true:

1. Unsanitary or unsafe housing exists in the city; or

2. There is a shortage of safe or sanitary housing available to persons of low-income.

1.3 Benefits
Once established, a housing authority can assume functions that only legally created housing authorities can take on, including:

1. The opportunity to participate in one or more of the Public Housing Programs offered by the U.S. Department of Housing and Urban Development (“HUD”), including Section 8;

2. Alleviating the need to find owners and operators for unit development, as housing authorities can own and operate housing developments;

3. Exercising eminent domain to assemble land for housing projects without the need to document blight, as allowed by State law; and

4. Establishing an area of operation that includes the entire city and the area within five (5) miles of its territorial boundaries.

FY 2023-24 Housing Authority Annual Report 4 October 2024 Hawthorne Housing Authority

1.4 Hawthorne Housing Authority
The Housing Authority was activated by the Hawthorne City Council in 1979. It is responsible for administering the Section 8 Housing Choice Voucher Program under HUD’s federal program and assists over 1,000 households who are low-income and do not earn enough to keep pace with rising rental housing costs.

Currently, the Housing Authority does not own or manage any assets. Any future assets will be documented in future Annual Reports.

1.5 Annual Report Contents
This Annual Report includes:
• A report of financial activities during FY 2023-24, including any bond issuances, loans or finance agreements that the Housing Authority has entered into; • A report of development activities during FY 2023-24, including the development, rehabilitation, or financing of housing projects by the Housing Authority; • A report of compliance with HSC Section 34312.3 requirements, such as the minimum amount of housing units affordable to lower-income households in projects assisted by the Housing Authority and documentation of established base rents and/or maximum rental payments for lower-income households; and
• Documentation of any domestic violence tenancy terminations or Section 8 voucher terminations, as required by HSC Section 34328.1.

FY 2023-24 Housing Authority Annual Report 5 October 2024 Hawthorne Housing Authority
Section 2 Housing Authority Financial Activities
HSC Section 34312.3 states that housing authorities must provide a complete report of financial activities during the prior fiscal year, including bonds, loans, and financing agreements for multifamily rental housing projects.

2.1 Bonds, Loans, and Financing Agreements
The Housing Authority has not issued any bonds or entered into any loans or financing agreements related to multifamily rental housing projects.

Any future funding for the rehabilitation, development, acquisition, or construction of multifamily housing through the issuance of loans, bonds, and/or financing agreements will be documented in future Annual Reports.

2.2 Financial Statement
Table 1 below presents the cash revenues and expenditures for the Housing Authority.

FY 2023-24 Fund 810 Fund 815 Fund 820
BEGINNING CASH FUND BALANCE $ 91,5 0 $ 62,306 $ 578,986 Other CashTransactions 26,735 (27,100) (2,559)
Revenues
Interest Income $ 46 $ 46 $ - Federal Section8Voucher 1,118,511 8,490,001 - FraudRecovery 7,938 7,938 - PortableVoucher AdministrativeFees 79,286 - - Other HAPAgencies - Voucher - - 1,905,760 Total Revenues $ 1,205,781 $ 8,497,986 $ 1,905,760
Expenses
General Admin $ 879,129 $ - $ - HousingVoucher - 8,375,201 $ 1,753,601 Total Expenses $ 879,129 $ 8,375,201 $ 1,753,601
ENDING CASH FUND BALANCE $ 4 ,938 $ 157,9 0 $ 728,585
Source: City of Hawthorne, Funds 810, 815, 820 Trial Balances, Revenue Detail, and Expenditure Detail Reports Note: Other Cash Transactions describes cash transactions occuring in the fiscal year for interfund transfers or cash activities related to expenses and revenues of the previous year FY 2023-24 Housing Authority Annual Report 6 October 2024 Hawthorne Housing Authority
Section 3 Housing Authority Activities and Land Transactions HSC Section 34312.3 states that housing authorities must record all prior year activities related to:
• Rehabilitation, development, or funding of housing projects; • Purchase, lease, operation, sale, ownership, or management of housing projects assisted by the Housing Authority;
• Conveyance of surplus lands to a developer for permitted purposes; and • Establishment of a special trust fund or account funded with bond issuance proceeds or developer.

The Housing Authority did not develop, rehabilitate, finance, or dispose of any affordable housing projects during FY 2023-24.

FY 2023-24 Housing Authority Annual Report 7 October 2024 Hawthorne Housing Authority
Section 4 Housing Unit Compliance
HSC Sections 34328 and 34328.1 state that housing authorities are required to:
• Show compliance with requirements of HSC Section 34312.3, such as the minimum amount of housing units affordable to lower income in projects assisted by the Housing Authority, and document established base rents and/or maximum rental payments for lower income households; and
• Document any domestic violence tenancy or Section 8 voucher termination as required by HSC Section 34328.1.

4.1 Housing Affordability Requirements
HSC Section 34312.3 states that not less than 20% of all units assisted by the Housing Authority, or 15% in targeted areas, as defined by Section 103(b) (12) (A) of Title 26 of the United States Code, must be affordable to low-income households. If bonds issued by the Housing Authority fund housing projects, at least half of the units must be available to persons of very low-income.

Additionally, the local governing body and the local school district must approve development projects financed with bonds prior to construction or ownership.

The Housing Authority does not own or manage any residential assets and did not assist any affordable housing units in FY 2023-24. As such, the Housing Authority is not subject to the housing affordability requirements imposed by HSC Section 34312.3 and will ensure that income levels in any future housing units meet the requirements.

4.2 Base and Maximum Rents
HSC Section 34312 states that a housing authority may prepare, carry out, acquire, lease, and operate housing projects for persons of low-income. As part of this ability, HSC Section 34312.3 establishes guidelines to determine base and maximum rents that a housing authority can implement for units reserved for lower income households. Per HSC Section 34312.3, rental payments for very low- and low-income households shall not exceed the amounts calculated pursuant to Section 8 of the United States Housing Act of 1937. Under these guidelines, rental payments shall not exceed the amount derived by multiplying 30% times 50% of the median adjusted gross income for the area, adjusted for family size.

FY 2023-24 Housing Authority Annual Report 8 October 2024 Hawthorne Housing Authority
The Housing Authority does not own or manage any residential assets and did not assist any affordable housing units in FY 2023-24. As such, the Housing Authority is not subject to the base and minimum rent requirements imposed by HSC Section 34312.3 and will ensure that income levels in any future housing units meet the requirements.

4.3 Domestic Violence Terminations
HSC Section 34328.1 requires housing authorities to disclose any data related to domestic violence incidents in units they own or operate. Specifically, the information must include:
• Data on termination of tenancies and/or Section 8 vouchers of domestic violence survivors in units owned by the housing authority; and
• Summary of steps taken by the housing authority to address any termination of tenancies and/or Section 8 vouchers for domestic violence survivors.

The Housing Authority does not currently own or manage residential units and did not terminate tenancies for any reason in FY 2023-24.

AGENDA ITEM NO. 18

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 24, 2024
Originating Department: Planning
City Manager: __________
Vontray Norris
Dir. of Planning: ___________
Gregg McClain
SUBJECT:

Professional Services Agreement between the City of Hawthorne (“City”) and Kimley-Horn.

RECOMMENDED MOTION:

Staff recommends that the City Council approve the Professional Services Agreement with Kimley-Horn and authorize the City Manager to execute the Agreement and make minor changes thereto.

DISCUSSION:

On February 13, 2024, the City adopted Resolution No. 8451, which approved the Municipal Message Centers Development and Lease Agreement (“MMC Agreement”) with Wow Media, Inc. (“Wow”). The MMC Agreement provides for Wow to develop digital messaging centers along the 405 and 105 freeways. As part of this joint endeavor with Wow, the City will need to update some of its ordinance, which requires a compliance with the state’s California Environmental Quality Act (“CEQA”).

Kimley-Horn is a reputable consultant for the CEQA study. The staff recommends that the City engage Kimely-Horn to initiate the study and begin the process of developing the digital messaging center. The MMC Agreement provides that Wow will contribute $50,000 for the CEQA compliance costs. Accordingly, Wow will pay $50,000 of the total $59,900 cost for the consultant.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Goal 2: Develop revenue generating programs and adjust fees FISCAL IMPACT:

The Agreement with Kimley-Horn will cost $59,900 of which $50,000 will be paid by WOW Media, Inc. The balance of $9,900 will be paid from the General Fund.

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

1. Consultant Agreement with Kimely-Horn

2. Exhibit A – Scope of Wor
1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF

HAWTHORNE AND KIMLEY-HORN
This PROFESSIONAL SERVICES AGREEMENT (“AGREEMENT”) is made and entered into this 25th day of September, 2024, by and between the City of Hawthorne, a California municipal corporation and general law city (“CITY”) and Kimley-Horn and Associates, Inc., a North Carolina Corporation (“CONSULTANT”) (Collectively, the “Parties”). This agreement is made with reference to the following:

RECITALS
A. CITY requested a proposal for professional services with respect to providing Environmental Consulting Services related to the Three Regional Shopping Center Signs Project (the “Project”) and any required documentation in compliance with the California Environmental Quality Act (CEQA).

B. CONSULTANT submitted a proposal for the performance of such services, a true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof.

C. CITY desires for CONSULTANT to provide professional services as described in Exhibit “A”.

D. CONSULTANT represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent, and professional manner. CONSULTANT shall at all 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, in consideration of the foregoing Recitals, the Agreement of the parties as set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS
The following definitions shall apply to the following terms, except where the context of this AGREEMENT otherwise requires:
(a) Project: Provide consultation and any CEQA documents related to the Project. (b) Services: CONSULTANT shall provide professional services for the project as described in Exhibit "A", attached herein.
2 (c) Duration: Said AGREEMENT shall be effective from the date of execution of this AGREEMENT until acceptance and approval of all final documents. (d) Completion of Project: CONSULTANT shall complete all tasks as noted in Exhibit "A" for a period as noted in the agreement with a period not to exceed twelve (12) months. (e) Consultant: Kimley-Horn, 1100 W. Town and Country Road, Suite 700, Orange, CA 92868.
(f) City: 4455 w 126th St., Hawthorne, CA 90250

2. SCOPE OF SERVICES
(a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" hereto and all in accordance with any 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. 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.

3. COMPENSATION, METHOD OF PAYMENT, AND ADDITIONAL SERVICES (a) CITY shall pay CONSULTANT no more than the total project cost ($59,900.00), as set forth in the proposal, Exhibit "A."
(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.

All charges shall be in accordance with CONSULTANT's proposal with respect to project expenses as set forth in Exhibit "A".
(c) 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 AVAILABILITY OF CITY RECORDS
(a) The CITY shall provide the following assistance to CONSULTANT as needed so CONSULTANT can perform the services described above:
(i.) Information and assistance as set forth in Exhibit "A". 3 (ii.) Photographically reproducible copies of forms, documents, codes and other information, if available, which CONSULTANT considers necessary in order to complete the project.
(iii.) Such information as is generally available from CITY files applicable to the Project.
(iv.) 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 BOOK OF RECORDS
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's performance of services pursuant to this AGREEMENT.

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 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-ininterest 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 4 event this Agreement is so terminated, CONSULTANT shall be compensated 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
(a) 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:

To CITY
4455 West 126th Street,
Hawthorne, CA 90250
Attn: Director of Planning
To CONSULTANT
1100 W. Town and Country Road, Suite 700
Orange, CA 92868
(b) Any such notices, demands, invoices, and written communications, shall be delivered by United States mail, and shall be deemed to have been received by the addressee fortyeight (48) hours after deposit thereof, 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 5 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.

Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY 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 CONSULTANT or any of CONSULTANT's officers, employees or agents are in any manner officials, officers, employees or agents of CITY. (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. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep itself informed of applicable 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 pursuant to sound professional practices including, but not limited to, possessing and maintaining all necessary licensing. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by negligent failure of the CONSULTANT to comply with this Section.

11. NON-DISCRIMINATION
CONSULTANT shall not discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), sexual orientation, marital status, and denial of family care leave. CONSULTANT shall ensure that the evaluation and treatment of their employees and applicants for employment are free from discrimination and harassment. CONSULTANT shall comply with the provisions of the California Fair Employment and Housing Act (Government Code Section 12900, et seq.), and the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285, et seq.). If applicable, CONSULTANT shall give written notice of their obligation under this clause to labor organizations with which they have a collective bargaining AGREEMENT or other AGREEMENT.

12. INDEMNIFICATION
To the fullest extent provided by law, CONSULTANT shall indemnify, hold harmless, and defend CITY, its officers, employees, elected and appointed officials, and volunteers from and against any and all claims and losses, costs or expenses for any damage resulting in death or injury to any person and/or injury or damage to any property resulting from any negligent act or omission 6 of CONSULTANT or any of its officers, employees, agents, or subcontractors in the performance of this AGREEMENT. Such cost and expense shall include reasonable attorney fees.

13. CONFLICT OF INTEREST
(a) No CITY employee whose position with CITY enables such employee to influence the award of this AGREEMENT or any competing AGREEMENT, and no spouse or economic dependent of such employee, shall be employed in any capacity by the CONSULTANT or have any other direct or indirect financial interest in this AGREEMENT. No officer or employee of this CONSULTANT who may financially benefit from the performance of work hereunder shall in any way participate in the CITY’s approval, or ongoing evaluation of such work, or in any way attempt to unlawfully influence CITY’s approval or ongoing evaluation of such work. (b) The CONSULTANT shall comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this AGREEMENT. The CONSULTANT warrants that it is not now aware of any facts that create a conflict of interest. If the CONSULTANT hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the CITY. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this section shall be a material breach of this contract.

14. CONFIDENTIAL 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.

15. INSURANCE
(a) During the course of the term of this AGREEMENT, CONSULTANT shall maintain Professional Liability Insurance in a combined single limit of not less than $2 million per claim and aggregate. CONSULTANT shall also maintain General Liability Insurance in a combined single limit of not less than $2 million per claim and aggregate. (b) CONSULTANT shall provide a certificate naming CITY as additional insured.

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

16. AUTHORITY TO EXECUTE
7 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.

17. MODIFICATION OF AGREEMENT
No amendment to or modification of 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.

18. 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.

19. 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.

20. ATTORNEY’S 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.

21. ENTIRE AGREEMENT
This AGREEMENT, including the attached Exhibit "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 that 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.

9 EXHIBIT A
Proposal for Environmental Consulting
Services for the Three Regional Shopping
Center Signs Project, City of Hawthorne,
California
kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116 August 29, 2024
Mr. Gregg McClain
Planning Director
City of Hawthorne
4455 West 126th Street
Hawthorne, CA 90250
Re: Proposal to Provide Environmental Consulting Services for the Three Regional Shopping Center Signs Project, City of Hawthorne, California
Dear Mr. McClain:

Kimley-Horn (“Kimley-Horn” or “Consultant”) is pleased to submit this Proposal to the City of Hawthorne (“City” or “Client”) to provide Environmental Consulting Services for the Three Regional Shopping Center Signs Project (the “Project”).

PROJECT UNDERSTANDING
The City has received an application to allow construction and operation of three digital LED signs for existing adjacent regional shopping centers. The proposed locations of each of the signs are described in Table 1: Locations of Proposed Signs. Each sign would be 41 feet by 73 feet and would be equipped with automatic dimming capability that allows the signs to automatically adjust as ambient light levels change.

Caltrans regulates the placement of outdoor advertising (ODA) displays visible from California highways (California Outdoor Advertising Act). However, ODAs within 1,000 feet of the entrance to the site at which the business is conducted, services are rendered, or goods are produced or sold are exempt from these regulations (Outdoor Advertising Act Section 5272(a)(4)). Because the proposed signs would only advertise for businesses conducted, services rendered, and goods produced/sold in the adjacent regional shopping centers, and would be located within 1,000 feet of the centers’ entrances, the signs would not be subject to California Outdoor Advertising Act requirements.

Moreover, the Project is anticipated to be exempt from the California Environmental Quality Act (CEQA) given its approval is deemed to be ministerial (State CEQA Guidelines Section 15268).

Notwithstanding, the City seeks a consultant to prepare an Environmental Effects Memorandum that explains why the electric signs would not have a significant effect on the environment.

Mr. Gregg McClain, August 29, 2024, Page 2
kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116 TABLE 1: LOCATIONS OF PROPOSED SIGNS
Sign
#
Location Current Use Zoning
1 105 Freeway and Crenshaw
Boulevard,
Hawthorne CA
Crenshaw Boulevard
ROW (immediately
adjacent to the Park
& Ride at Crenshaw
Boulevard)
Project Site: Unzoned
Surrounding Zoning:
• N: 405 Freeway ROW
• S: General Industrial
• E: Regional Commercial
• W: 405 Freeway ROW
2 405 Freeway and West
Rosecrans Avenue,
Hawthorne, CA
(east of 405 Freeway
overpass)
12-foot median in
West Rosecrans
Avenue
Project Site: Unzoned
Surrounding Zoning:
• N: Regional Commercial
• S: Reginal Commercial
• E: West Rosecrans Avenue
ROW
• W: 405 Freeway ROW
3 405 Freeway and West
Rosecrans Avenue,
Hawthorne, CA
(west of 405 Freeway
overpass)
12-foot median in
West Rosecrans
Avenue
Project Site: Unzoned
Surrounding Zoning:
• N: Regional Commercial
• S: Regional Commercial
• E: 405 Freeway ROW
• W: West Rosecrans Avenue
ROW

SCOPE OF SERVICES
Kimley-Horn will provide the Scope of Services specifically set forth below. The Scope assumes:
• Baseline conditions, Project [sign] description, and approach will not change once Client issues the Notice to Proceed (NTP).
• The electronic signs are exempt from Outdoor Advertising Act requirements (Outdoor Advertising Act Section 5272(a)(4)), thus, no permitting or coordination with CalTrans is required.
• No permitting or coordination with agencies other than the City is required. • City will provide two reconciled set of comments for each deliverable, and comments will not raise new substantive issues requiring re-analysis. Additional review cycles are excluded. • No design plans will be prepared.
• One Light and Glare Study will be prepared to address all three signs. • One Environmental Effects Memorandum will be prepared to address all three signs.

Mr. Gregg McClain, August 29, 2024, Page 3
kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116 TASK 1.0 LIGHT AND GLARE STUDY
Kimley-Horn will perform a lighting analysis of three digital LED signs, as described above.

Task 1.1: Field Review/Analysis
Kimley-Horn will perform a nighttime field visit to review the existing site conditions and collect illumination values using a light meter. If necessary, luminance values will be collected using a luminance meter. Values will be collected at up to four (4) receptor sites with available access adjacent to the proposed sign locations. If additional sites are required as part of the analysis, additional budget will be required.

In addition to light measurements, Kimley-Horn will perform a visual evaluation of the existing surrounding light sources near the sign sites, reviewing glare, lighting uses, color temperature, and other relevant lighting characteristics. Kimley-Horn will take photos of the existing site conditions to be used as a visual reference during the analysis and to be included in the Study.

Task 1.2: Proposed Sign Lighting Analysis
Kimley-Horn will prepare photometric analysis and exhibits for the existing lighting and the proposed LED signs. The photometric analysis will be calculated using AGi32 lighting software. We will create the AGi32 model using the lighting measurements taken in the field as a basis. To perform the proposed sign lighting analysis, Kimley-Horn will utilize manufacturer-provided lighting studies for each of the three signs.

Kimley-Horn will analyze the lighting impact of the proposed LED signs on the surrounding receptor sites using AGi32. We will evaluate illuminance, luminance, glare, and other commonly reviewed lighting metrics. We will review the impacts to the four receptor sites and review the impact to drivers on adjacent roadways, considering standards in the California Vehicle Code and American National Standards Institute (ANSI)/IES RP-8-22 – Recommended Practice: Lighting Roadway and Parking Facilities. Kimley-Horn will prepare photometric exhibits displaying the effects of the proposed signs to be included in the Study.

Task 1.3: Technical Report
Kimley-Horn will prepare a technical report summarizing the results of the site visit, analysis, findings, and conclusions. The report will express standards, review methodology, existing conditions, field data collection, proposed lighting analysis, and conclusions and recommendations. The lighting analysis will evaluate glare and contrast on adjacent roadways and light trespass onto adjacent sites.

Standards to be reviewed and described may include City, Title 24, California Vehicle Code, and IESNA standards.

Mr. Gregg McClain, August 29, 2024, Page 4
kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116 TASK 2.0: ENVIRONMENTAL EFFECTS MEMORANDUM
Kimley-Horn will prepare an Environmental Effects Memorandum documenting why the Project would not have a significant effect on the environment.

The Memorandum will not review all State CEQA Guidelines Appendix G thresholds. Instead, the Memorandum will focus the review on the Project’s potential effects concerning key resource areas (i.e., aesthetics, air quality, energy, greenhouse gas emissions, noise/vibration, and land use). The effects analysis concerning aesthetics (i.e., light and glare) will be based on the Light and Glare Study; see Task 1.0. The effects analysis concerning air quality, energy, greenhouse gas emissions, and noise/vibration will be qualitative (modeling is excluded).

TASK 3.0: PROJECT MANAGEMENT AND MEETINGS
Task 3.1: Project Management
Kimley-Horn will be responsible for Project Management, including overall Project Team coordination and supervision, and ongoing consultation with Client. The Project Manager will coordinate with technical and support staff toward completion of the deliverables outlined above.

This task assumes a three-month Project schedule.

Task 3.2: Meetings
The Project Manager and one additional Kimley-Horn Staff will attend virtual meetings and represent the Project Team, as appropriate. This Task assumes up to 10 hours meeting attendance, including preparation, attendance, and follow-up, as appropriate. Should the City determine that additional time beyond the assumed is required, services will be provided on a time and materials (T&M) basis.

INFORMATION PROVIDED BY CLIENT
Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by Kimley-Horn, including but not limited to the following:
• Other relevant studies, if any,
• Physical improvements (if any), and
• Required City permits.

Mr. Gregg McClain, August 29, 2024, Page 5
kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116

PRELIMINARY SCHEDULE
Kimley-Horn is prepared to begin work immediately, and estimates completion of the Light and Glare Study and Environmental Effects Memorandum within six weeks of Notice to Proceed.

FEE AND EXPENSES
Kimley-Horn will perform the Scope of Services outlined above on a labor fee plus expense basis with the maximum labor fee shown on Table 1: Fee and Expenses, except that additional efforts associated with Task 3.2 will be performed on a T&M basis, if required.

TABLE 1: FEE AND EXPENSES
TASK # TASK FEE

1.0 Light and Glare Study $2,500

2.0 Environmental Effects Memorandum $50,000

3.1 Project Management $2,200

3.2 Meetings $2,600
Expenses $2,600
Total Fee and Expenses $59,900
Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, Project-related computer time, and local mileage. Administrative time related to the Project will be billed hourly. All permitting, application, and similar Project fees will be paid directly by the Client.

Should the Client request Kimley-Horn to advance any such Project fees on the Client’s behalf, a separate invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and paid by the Client.

Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn Project Number.

Mr. Gregg McClain, August 29, 2024, Page 6
kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116

CLOSURE
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City of Hawthorne.

To expedite invoices and reduce paper waste, Kimley-Horn submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail, if requested. Please provide the following information:
____ Please email all invoices to ________________________________________ ____ Please copy ____________________________________________________ If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute the Agreement and return to us. We will commence services only after we have received a fully-executed agreement. Fees and times stated in this Proposal are valid for sixty (60) days after the date of this letter.

To ensure proper set up of your project so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project.

We appreciate the opportunity to provide these services to you. Please contact Rita Garcia at 714.786.6116 or [email protected], if you have any questions.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

By: Rita Garcia
Project Manager

kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116

CITY OF HAWTHORNE
By:
(signature) ____________________________
(print name) ____________________________
Title: ____________________________
Date: ____________________________
Client’s Federal Tax ID: _______________________________________ Client’s Business License No.: _______________________________________ Client’s Street Address: _______________________________________ _______________________________________
Attachments:
• Request for Information
• Standard Provisions

kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116 Request for Information
Please return this information with your signed contract; failure to provide this information could result in delay in starting your project
Client Identification
Full, Legal Name of Client
Mailing Address for Invoices
Contact for Billing Inquiries
Contact’s Phone and e-mail
Client is (check one) Owner Agent for Owner Unrelated to Owner
Property Identification
Parcel 1 Parcel 2 Parcel 3 Parcel 4
Street Address
County in which
Property is Located
Tax Assessor’s
Number(s)
Property Owner Identification
Owner 1 Owner 2 Owner 3 Owner 4
Owner(s) Name
Owner(s) Mailing
Address
Owner’s Phone No.

Owner of Which
Parcel #?
Project Funding Identification – List Funding Sources for the Project Attach additional sheets if there are more than 4 parcels or more than 4 owners Rev 01/18
9 KIMLEY-HORN AND ASSOCIATES, INC.

STANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant’s then-current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost.
(2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. (c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon. (d) Arrange for access to the site and other property as required for the Consultant to provide its services. (e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a reasonable time so as not to delay the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary.
(g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the Consultant's services or any defect or noncompliance in any aspect of the project. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months, Consultant’s compensation shall be renegotiated. (4) Method of Payment. Client shall pay Consultant as follows:
(a) Invoices will be submitted periodically for services performed and expenses incurred. Invoices are due and payable upon presentation. Client shall pay Consultant a time price differential of one and one-half percent (1.5%) of the outstanding amount of each invoice that is overdue for more than 30 days. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant and applied against the final invoice. If the Client fails to make any payment due under this or any other agreement within 30 days after presentation, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid, and may commence legal proceedings including filing liens to secure payment. (b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant’s invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment.
(c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due. (d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees.
(e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client.
(5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Rev 01/18
10 Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of the Consultant’s documents, or any reuse of the documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant’s electronic files and source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days’ written notice for the convenience of the terminating party. The Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. (8) Standard of Care. The standard of care applicable to Consultant’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (9) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section 9 is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section 9 shall require the Client to indemnify the Consultant. (10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. (11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions, or related to the failure of contractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before the Consultant has issued final, fully-approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained.
(12) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third-party reliance letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant shall not be required to execute certificates, consents, or third-party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility.

Rev 01/18
11 (13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation.

Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. (14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents.
(c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor’s general liability insurance policy. (16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (18) Miscellaneous Provisions. This Agreement is to be governed by the law of California. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116 August 29, 2024
Mr. Gregg McClain
Planning Director
City of Hawthorne
4455 West 126th Street
Hawthorne, CA 90250
Re: Proposal to Provide Environmental Consulting Services for the Three Regional Shopping Center Signs Project, City of Hawthorne, California
Dear Mr. McClain:

Kimley-Horn (“Kimley-Horn” or “Consultant”) is pleased to submit this Proposal to the City of Hawthorne (“City” or “Client”) to provide Environmental Consulting Services for the Three Regional Shopping Center Signs Project (the “Project”).

PROJECT UNDERSTANDING
The City has received an application to allow construction and operation of three digital LED signs for existing adjacent regional shopping centers. The proposed locations of each of the signs are described in Table 1: Locations of Proposed Signs. Each sign would be 41 feet by 73 feet and would be equipped with automatic dimming capability that allows the signs to automatically adjust as ambient light levels change.

Caltrans regulates the placement of outdoor advertising (ODA) displays visible from California highways (California Outdoor Advertising Act). However, ODAs within 1,000 feet of the entrance to the site at which the business is conducted, services are rendered, or goods are produced or sold are exempt from these regulations (Outdoor Advertising Act Section 5272(a)(4)). Because the proposed signs would only advertise for businesses conducted, services rendered, and goods produced/sold in the adjacent regional shopping centers, and would be located within 1,000 feet of the centers’ entrances, the signs would not be subject to California Outdoor Advertising Act requirements.

Moreover, the Project is anticipated to be exempt from the California Environmental Quality Act (CEQA) given its approval is deemed to be ministerial (State CEQA Guidelines Section 15268).

Notwithstanding, the City seeks a consultant to prepare an Environmental Effects Memorandum that explains why the electric signs would not have a significant effect on the environment.

Mr. Gregg McClain, August 29, 2024, Page 2
kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116 TABLE 1: LOCATIONS OF PROPOSED SIGNS
Sign
#
Location Current Use Zoning
1 105 Freeway and Crenshaw
Boulevard,
Hawthorne CA
Crenshaw Boulevard
ROW (immediately
adjacent to the Park
& Ride at Crenshaw
Boulevard)
Project Site: Unzoned
Surrounding Zoning:
• N: 405 Freeway ROW
• S: General Industrial
• E: Regional Commercial
• W: 405 Freeway ROW
2 405 Freeway and West
Rosecrans Avenue,
Hawthorne, CA
(east of 405 Freeway
overpass)
12-foot median in
West Rosecrans
Avenue
Project Site: Unzoned
Surrounding Zoning:
• N: Regional Commercial
• S: Reginal Commercial
• E: West Rosecrans Avenue
ROW
• W: 405 Freeway ROW
3 405 Freeway and West
Rosecrans Avenue,
Hawthorne, CA
(west of 405 Freeway
overpass)
12-foot median in
West Rosecrans
Avenue
Project Site: Unzoned
Surrounding Zoning:
• N: Regional Commercial
• S: Regional Commercial
• E: 405 Freeway ROW
• W: West Rosecrans Avenue
ROW

SCOPE OF SERVICES
Kimley-Horn will provide the Scope of Services specifically set forth below. The Scope assumes:
• Baseline conditions, Project [sign] description, and approach will not change once Client issues the Notice to Proceed (NTP).
• The electronic signs are exempt from Outdoor Advertising Act requirements (Outdoor Advertising Act Section 5272(a)(4)), thus, no permitting or coordination with CalTrans is required.
• No permitting or coordination with agencies other than the City is required. • City will provide two reconciled set of comments for each deliverable, and comments will not raise new substantive issues requiring re-analysis. Additional review cycles are excluded. • No design plans will be prepared.
• One Light and Glare Study will be prepared to address all three signs. • One Environmental Effects Memorandum will be prepared to address all three signs.

Mr. Gregg McClain, August 29, 2024, Page 3
kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116 TASK 1.0 LIGHT AND GLARE STUDY
Kimley-Horn will perform a lighting analysis of three digital LED signs, as described above.

Task 1.1: Field Review/Analysis
Kimley-Horn will perform a nighttime field visit to review the existing site conditions and collect illumination values using a light meter. If necessary, luminance values will be collected using a luminance meter. Values will be collected at up to four (4) receptor sites with available access adjacent to the proposed sign locations. If additional sites are required as part of the analysis, additional budget will be required.

In addition to light measurements, Kimley-Horn will perform a visual evaluation of the existing surrounding light sources near the sign sites, reviewing glare, lighting uses, color temperature, and other relevant lighting characteristics. Kimley-Horn will take photos of the existing site conditions to be used as a visual reference during the analysis and to be included in the Study.

Task 1.2: Proposed Sign Lighting Analysis
Kimley-Horn will prepare photometric analysis and exhibits for the existing lighting and the proposed LED signs. The photometric analysis will be calculated using AGi32 lighting software. We will create the AGi32 model using the lighting measurements taken in the field as a basis. To perform the proposed sign lighting analysis, Kimley-Horn will utilize manufacturer-provided lighting studies for each of the three signs.

Kimley-Horn will analyze the lighting impact of the proposed LED signs on the surrounding receptor sites using AGi32. We will evaluate illuminance, luminance, glare, and other commonly reviewed lighting metrics. We will review the impacts to the four receptor sites and review the impact to drivers on adjacent roadways, considering standards in the California Vehicle Code and American National Standards Institute (ANSI)/IES RP-8-22 – Recommended Practice: Lighting Roadway and Parking Facilities. Kimley-Horn will prepare photometric exhibits displaying the effects of the proposed signs to be included in the Study.

Task 1.3: Technical Report
Kimley-Horn will prepare a technical report summarizing the results of the site visit, analysis, findings, and conclusions. The report will express standards, review methodology, existing conditions, field data collection, proposed lighting analysis, and conclusions and recommendations. The lighting analysis will evaluate glare and contrast on adjacent roadways and light trespass onto adjacent sites.

Standards to be reviewed and described may include City, Title 24, California Vehicle Code, and IESNA standards.

Mr. Gregg McClain, August 29, 2024, Page 4
kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116 TASK 2.0: ENVIRONMENTAL EFFECTS MEMORANDUM
Kimley-Horn will prepare an Environmental Effects Memorandum documenting why the Project would not have a significant effect on the environment.

The Memorandum will not review all State CEQA Guidelines Appendix G thresholds. Instead, the Memorandum will focus the review on the Project’s potential effects concerning key resource areas (i.e., aesthetics, air quality, energy, greenhouse gas emissions, noise/vibration, and land use). The effects analysis concerning aesthetics (i.e., light and glare) will be based on the Light and Glare Study; see Task 1.0. The effects analysis concerning air quality, energy, greenhouse gas emissions, and noise/vibration will be qualitative (modeling is excluded).

TASK 3.0: PROJECT MANAGEMENT AND MEETINGS
Task 3.1: Project Management
Kimley-Horn will be responsible for Project Management, including overall Project Team coordination and supervision, and ongoing consultation with Client. The Project Manager will coordinate with technical and support staff toward completion of the deliverables outlined above.

This task assumes a three-month Project schedule.

Task 3.2: Meetings
The Project Manager and one additional Kimley-Horn Staff will attend virtual meetings and represent the Project Team, as appropriate. This Task assumes up to 10 hours meeting attendance, including preparation, attendance, and follow-up, as appropriate. Should the City determine that additional time beyond the assumed is required, services will be provided on a time and materials (T&M) basis.

INFORMATION PROVIDED BY CLIENT
Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by Kimley-Horn, including but not limited to the following:
• Other relevant studies, if any,
• Physical improvements (if any), and
• Required City permits.

Mr. Gregg McClain, August 29, 2024, Page 5
kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116

PRELIMINARY SCHEDULE
Kimley-Horn is prepared to begin work immediately, and estimates completion of the Light and Glare Study and Environmental Effects Memorandum within six weeks of Notice to Proceed.

FEE AND EXPENSES
Kimley-Horn will perform the Scope of Services outlined above on a labor fee plus expense basis with the maximum labor fee shown on Table 1: Fee and Expenses, except that additional efforts associated with Task 3.2 will be performed on a T&M basis, if required.

TABLE 1: FEE AND EXPENSES
TASK # TASK FEE

1.0 Light and Glare Study $2,500

2.0 Environmental Effects Memorandum $50,000

3.1 Project Management $2,200

3.2 Meetings $2,600
Expenses $2,600
Total Fee and Expenses $59,900
Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, Project-related computer time, and local mileage. Administrative time related to the Project will be billed hourly. All permitting, application, and similar Project fees will be paid directly by the Client.

Should the Client request Kimley-Horn to advance any such Project fees on the Client’s behalf, a separate invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and paid by the Client.

Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn Project Number.

Mr. Gregg McClain, August 29, 2024, Page 6
kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116

CLOSURE
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City of Hawthorne.

To expedite invoices and reduce paper waste, Kimley-Horn submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail, if requested. Please provide the following information:
____ Please email all invoices to ________________________________________ ____ Please copy ____________________________________________________ If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute the Agreement and return to us. We will commence services only after we have received a fully-executed agreement. Fees and times stated in this Proposal are valid for sixty (60) days after the date of this letter.

To ensure proper set up of your project so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project.

We appreciate the opportunity to provide these services to you. Please contact Rita Garcia at 714.786.6116 or [email protected], if you have any questions.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

By: Rita Garcia
Project Manager

kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116

CITY OF HAWTHORNE
By:
(signature) ____________________________
(print name) ____________________________
Title: ____________________________
Date: ____________________________
Client’s Federal Tax ID: _______________________________________ Client’s Business License No.: _______________________________________ Client’s Street Address: _______________________________________ _______________________________________
Attachments:
• Request for Information
• Standard Provisions

kimley-horn.com 1100 W Town and Country Road, Orange, CA 92868 714.786.6116 Request for Information
Please return this information with your signed contract; failure to provide this information could result in delay in starting your project
Client Identification
Full, Legal Name of Client
Mailing Address for Invoices
Contact for Billing Inquiries
Contact’s Phone and e-mail
Client is (check one) Owner Agent for Owner Unrelated to Owner
Property Identification
Parcel 1 Parcel 2 Parcel 3 Parcel 4
Street Address
County in which
Property is Located
Tax Assessor’s
Number(s)
Property Owner Identification
Owner 1 Owner 2 Owner 3 Owner 4
Owner(s) Name
Owner(s) Mailing
Address
Owner’s Phone No.

Owner of Which
Parcel #?
Project Funding Identification – List Funding Sources for the Project Attach additional sheets if there are more than 4 parcels or more than 4 owners Rev 01/18
9 KIMLEY-HORN AND ASSOCIATES, INC.

STANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant’s then-current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost.
(2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. (c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon. (d) Arrange for access to the site and other property as required for the Consultant to provide its services. (e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a reasonable time so as not to delay the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary.
(g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the Consultant's services or any defect or noncompliance in any aspect of the project. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months, Consultant’s compensation shall be renegotiated. (4) Method of Payment. Client shall pay Consultant as follows:
(a) Invoices will be submitted periodically for services performed and expenses incurred. Invoices are due and payable upon presentation. Client shall pay Consultant a time price differential of one and one-half percent (1.5%) of the outstanding amount of each invoice that is overdue for more than 30 days. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant and applied against the final invoice. If the Client fails to make any payment due under this or any other agreement within 30 days after presentation, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid, and may commence legal proceedings including filing liens to secure payment. (b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant’s invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment.
(c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due. (d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees.
(e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client.
(5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Rev 01/18
10 Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of the Consultant’s documents, or any reuse of the documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant’s electronic files and source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days’ written notice for the convenience of the terminating party. The Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. (8) Standard of Care. The standard of care applicable to Consultant’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (9) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section 9 is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section 9 shall require the Client to indemnify the Consultant. (10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. (11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions, or related to the failure of contractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before the Consultant has issued final, fully-approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained.
(12) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third-party reliance letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant shall not be required to execute certificates, consents, or third-party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility.

Rev 01/18
11 (13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation.

Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. (14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents.
(c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor’s general liability insurance policy. (16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (18) Miscellaneous Provisions. This Agreement is to be governed by the law of California. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.

AGENDA ITEM NO. 19

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 24, 2024
Originating Department: Community Services
City Manager:

Vontray Norris
Community Services Manager:

SUBJECT:

Appropriation of $328,789 from 325-6101-601-0-0-40514, for Jim Thorpe Ball Diamond Improvements by Community Services Department RECOMMENDED MOTION:

Staff Recommends that the City Council approve the financial contributions and project framework for the Dodgers Dreamfield at Jim Thorpe Park.

DISCUSSION:

The City of Hawthorne, in collaboration with the Los Angeles Dodgers Foundation and other partners, is working to complete field improvements at Jim Thorpe Park as part of the Dodgers Dreamfield program. This project aims to enhance recreational facilities for local youth, fostering community engagement and promoting sportsmanship. The Dodgers Dreamfield projects serve as vital community assets, promoting health, inclusivity, and economic development. By providing upgraded facilities, these projects help build stronger communities, providing benefits that last for generations. Dodgers Dreamfields number 64 and 65 will provide a focal point for community gatherings, reinforcing pride in local public spaces. They serve as symbols of investment in the community, fostering a sense of ownership and identity. Public-private partnerships like these send a message that the community is valued and supported by organizations such as the Dodgers Foundation.

FINANCIALCONTRIBUTIONS:

The total project contributions are as follows:

Contributor Amount
DONOR (Los Angeles Dodgers Foundation) $218,184
CITY OF HAWTHORNE $328,789
Kershaw’s Challenge $150,000
Kywanna Bowie

Contributor Amount
Security Benefit $100,000
LA84 Foundation $25,000
This collaboration will enhance the recreational opportunities at Jim Thorpe Park, benefiting the community and showcasing strong public-private partnerships. The City’s financial contribution and project management align with its goals for community development and youth engagement.Staff recommends the City Council approve the financial contributions and project framework as outlined.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

1.3 Develop a business support and development collaborative that interfaces directly with existing small and large businesses (support and retention), identifies key sectors (tech, hotels, restaurants) and energetically recruits new businesses in those sectors (attraction), and coordinates resources to assist growing businesses (expansion). Establish partnerships with entities that can work toward City goals and objectives. Create a database of businesses in the City to track interactions.

FISCAL IMPACT:
$328,789 for field Improvements (30% of Project Cost)
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Invoice 8412 City of Hawthorne
Los Angeles Dodgers Foundation
1000 Vin Scully Ave
Los Angeles, CA 90012
[email protected]

BILL TO
City of Hawthorne
3901 W. El Segundo Blvd.

Hawthorne, CA 90250
INVOICE 8412
DATE 03/05/2024 TERMS Per Due Date
DUE DATE 09/06/2024

DESCRIPTION AMOUNT
2024 Dodgers Dreamfields - Jim Thorpe Park (City of Hawthorne) 164,394.60 Payment Options
Check: Payable to Los Angeles Dodgers Foundation
Include invoice number and mail to:

Los Angeles Dodgers Foundation
1000 Vin Scully Avenue, Los Angeles, CA 90012
ACH: Bank of America
Account #: 1459006303
Routing # (ABA): 121000358
Wire: Bank of America
Bank Address: 100 N Tryon St #170, Charlotte, NC 28202
Account #: 1459006303
Routing # (ABA): 026-00959-3
SWIFT Address: BOFAUS3N
Stock Gift: Depository Trust Company (DTC)
ID # 0164, Code 40, credit to Los Angeles Dodgers Foundation Account #: 8341-7768
Charles Schwab
PO Box 982600, El Paso, TX 79998-2600
Contact: Delia Hernandez, Cerity Partners (213) 629-7512 TOTAL DUE $164,394.60
AGENDA ITEM NO. 20

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 24, 2024
Originating Department: City Attorney
City Attorney:

Robert M. Kim
SUBJECT:

Claim for bodily injury by Matthew Marin.

RECOMMENDED MOTION:

Staff recommends that the City Council deny the claim by Matthew Marin.

DISCUSSION:

Claimant Matthew Marin alleges he placed his son on a swing (and began swinging) when one of the chains broke causing an injury.

FISCAL IMPACT:

None.

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

None

AGENDA ITEM NO. 21

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 24, 2024
Originating Department: City Attorney
City Attorney:

Robert M. Kim
SUBJECT:

CLAIM FOR BODILY INJURY BY GABRIEL RIVERA.

RECOMMENDED MOTION:

Staff recommends that the City Council deny the claim by Gabriel Rivera.

DISCUSSION:

Claimant Gabriel Rivera alleges that on April 20, 2024, he was driving in his lane of travel when a city work truck swerved into him thereby causing him bodily injuries.

FISCAL IMPACT:

None.

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

None