Hermosa Beach City Council
January 11, 2022

RESOLUTION NO. 22-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,

CALIFORNIA, APPROVING THE ANNUAL PLANNING SUMMARY FOR THE FISCAL YEAR 2022-2023 ALLOCATION AMOUNT OF APPROXIMATELY $62,938 AND ALLOCATION OF APPROXIMATELY $62,938 OF FISCAL YEAR 2022-2023

FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR

SIDEWALK RECONSTRUCTION ALONG LONGFELLOW AVENUE AND

MONTEREY BOULEVARD, AUTHORIZING USE OF CDBG FUNDS FOR

CONTRACTORS, AND GRANTING THE PUBLIC WORKS DIRECTOR AUTHORITY TO SUBMIT A NOTICE OF COMPLETION.

WHEREAS, the Community Development Block Grant (CDBG) Program has operated since 1974 to provide local governments the resources to meet the needs of persons of low‐and moderate‐income; and
WHEREAS, the City of Hermosa Beach contracts with the Los Angeles County Development Authority (LACDA) for the disbursement of Community Development Block Grant Funds, through the Small Cities Program; and
WHEREAS, the City of Hermosa Beach will receive an estimated total of $62,938 in Fiscal Year 2022-2023 in Community Development Block Grant Funds and $87,950 in previous year unallocated funds, for a total of $150,888; and
WHEREAS, The City Council, pursuant to applicable law, held a duly noticed public hearing on January 11, 2022, to consider the proposed CDBG allocation and budget and consider a project utilizing funds from the foregoing CDBG allocation, at which hearing testimony and evidence, both written and oral, was presented to and considered by the Council.

WHEREAS, The Annual Planning Summary serves as a conceptual planning and implementation guide for the City and County. Approval of the Fiscal Year 2022-2022 CDBG Annual Planning Summary would allow the City to receive an allocation of approximately $62,938 and authorize staff to proceed with the Americans with Disability Act (ADA) sidewalk reconstruction project in the FY 2022-2023 budget. This project is part of the City's overall effort to make its sidewalks more ADA accessible.

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Based on the foregoing, the City Council hereby:

1. Approves the FY 2022-2023 CDBG allocation of approximately $62,938; and

2. Approves the proposed CDBG program budget for the 2022-2023 Fiscal Year, and instructs staff to submit the CDBG Program Planning Summary for approval to the Los Angeles County Development Authority (LACDA); and

3. Authorizes staff to adjust the program budget as necessary to consider the final 868

CDBG allocation from the U.S. Department of Housing and Urban Development (HUD) and any amounts remaining unspent at the close of the Fiscal Year; and

4. Directs staff to submit the required documentation for approval to LACDA; and

5. Approves the allocation of approximately $62,938 of FY 2022-2023 Federal Community Development Block Grant funds for the construction or reconstruction of sidewalks to meet ADA standards through removal of architectural and material barriers and providing for unobstructed paths of travel for elderly and severely disabled adults within the City; and

6. Authorizes the use of CDBG funds for a construction contractor and a Contract/Labor Compliance Officer to provide direct project related services including but not limited to construction management and inspections; and

7. Grants the Public Works Director authority to submit a notice of completion once work is complete.

SECTION 2. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution; shall cause the original of the same to be entered among the original resolutions of the City Council; and shall make a minute of the passage and adoption thereof in the minutes oftheCityCouncil meeting at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 11th day of January, 2022. ____________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM:
___________________________________ _____________________________ City Clerk City Attorney
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Attachment 2. CDBG Proposed Project Locations along Longfellow Avenue and Monterey Boulevard Proposed Project on Longfellow Avenue
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Proposed Project on Monterey Boulevard
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0027
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 11, 2022

AWARD OF PROFESSIONAL SERVICES AGREEMENT

FOR PUBLIC INFORMATION OFFICER SERVICES TO

LAURA MECOY COMMUNICATIONS, LLC
(City Manager Suja Lowenthal)
Recommended Action:

Staff recommends City Council:

1. Award a Professional Services Agreement to Laura Mecoy Communications, LLC, to provide Public Information Officer Services in the amount of $86,400 for one year, with the option to renew for four (4) additional one-year terms; and

2. Authorize the Mayor to execute and the City Clerk to attest the attached Professional Services Agreement (Attachment 2).

Executive Summary:

The City has contracted with Laura Mecoy Communications, LLC for Public Information Officer (PIO) services since January 2018. The current agreement is set to expire on January 31, 2022. To ensure continuity of service, a Request for Proposals (RFP) CM21-002 for PIO Services was published on November 4, 2021 (Attachment 1). The City received one proposal in response to the RFP. A qualified staff committee reviewed the proposal received and recommends award of the contract to Mecoy Communications, LLC.

Background:

The City’s communications plan is led and implemented by the City Manager’s Office, with individual departments responsible for directly communicating about their programs, policies, and projects to stakeholders. In addition to staff’s efforts, the City contracts for professional Public Information Officer Services to provide crucial support in the areas of media relations and media training, crisis communications and disaster response, and overall Citywide communications strategy.

The current agreement for Public Information Officer Services is set to expire on January 31, 2022.

To ensure no interruption in service, the City issued RFP CM21-002 for Public Information Officer Services (Attachment 1) on November 4, 2021, consistent with City policy.

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Discussion:

The Request for Proposals provided a general description of the City’s desired Public Information Officer Services, communication strategies, and desired qualifications. Emphasis was placed on the City’s commitment to align communications with overall City goals in order to provide residents with consistent, cohesive, and clear information. To secure the most qualified firms, the RFP required each proposer to provide a cover letter, firm profile, narrative describing its approach to providing the requested services, prior project experience, and references. The City received one proposal from Mecoy Communications, LLC.

A panel of qualified City staff from the City Manager’s Office, Police Department, and Community Resources Department, reviewed and evaluated the proposal based on the criteria established in the RFP:
· Approach and Methods
· Relevant Experience and Expertise
· Timeframe and Cost
· Administration
The evaluation panel found the proposer, Mecoy Communications to have a strong understanding of the City’s communication needs, a clear and directed approach to providing the requested services, and outstanding qualifications. Both principals, Laura Mecoy and Ryan Walker, have an extensive track record with the City, having served as the City’s PIO for seven out of the past 11 years.

The proposed cost for providing the requested services included a rate of $7,200 per month, with an hourly overage rate of $200 per hour applicable in significant coverage (defined as more than 70 hours). Any services over and above the monthly rate would require advance approval by the City Manager.

Based on the review, staff recommends award of a Professional Services Agreement for Public Information Officer Services to Mecoy Communications, LLC. The term of the agreement would be for one year, with the option to renew for four additional one-year terms. Extension of the agreement beyond the initial one-year term would be contingent upon approval by the City.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

Governance Element
Goal 2. The community is active and engaged in decision-making processes. To engage a City of Hermosa Beach Page 2 of 4 Printed on 5/24/2023
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REPORT 22-0027
Goal 2. The community is active and engaged in decision-making processes. To engage a diverse cross-section of the community in the City’s decision-making process related to policies, ordinances, and funding priorities, ensuring that the actions taken by the City reflect the needs and interests of the community as a whole.

Policies:
· 2.1 Multiple outreach methods. Consistently engage in community outreach through neighborhood forums, social media, the latest technologies, personal interaction, and other methods on a regular basis.
· 2.2 Universal outreach. Utilize diverse methods of outreach that promote public participation and ensure Hermosa Beach events are communicated to all segments of the communities · 2.6 Responsive to community needs. Continue to be responsive to community inquiries, providing public information and recording feedback from community interactions. · 2.11 Social media and technology applications. Enhance the City’s social media presence and use of technology applications as tools to notify, provide updates, and engage the community.

Fiscal Impact:

The proposed fee schedule for Mecoy Communications, LLC allows billing a monthly retainer of $7,200 for up to 70 hours per month of public relations work. Estimated annual billing is $86,400. Any month where billing is anticipated to be more than 70 hours would require prior approval in writing by the City Manager and would be compensated at a rate of $200 per hour.

There is currently $72,000 budgeted for PIO-related services in the City Council’s FY2021-22 Budget. The increase of $1,200 per month would be effective February 2022 and result in an increase of $6,000 for FY 2021-22. Since COVID-19 related hours have been charged to the Federal Emergency Management Agency (FEMA) Fund, it is anticipated that no additional appropriation will be needed Additional funds would be transferred from Prospective Expenditures if necessary.

The full annual contract amount of $86,400 would be appropriated during the annual budget process.

City staff will continue to submit COVID-19 related hours for FEMA reimbursement.

Attachments:

1. Request for Proposal CM21-002

2. Draft Professional Services Agreement with Mecoy Communications, LLC.

Respectfully Submitted by: Sirinya Matute, Interim Senior Management Analyst Concur: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
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REPORT 22-0027
Approved: Suja Lowenthal, City Manager
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City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

November 4, 2021
REQUEST FOR PROPOSALS (RFP) FOR:

Public Information Officer Services
RFP # CM21-002
City Manager’s Office
NOTICE IS HEREBY GIVEN that the City of Hermosa Beach City Manager’s Office is seeking proposals from highly qualified individuals or firms with public relations background and experience in city services to provide Public Information Officer (PIO) services, as detailed in the Contractual Services Section of the Request for Proposal.

Proposer(s) must have the expertise, experience, and resources available to perform the work described in the RFP. The complete RFP may be found on the City’s website at hermosabeach.gov/rfp or by emailing the project contact listed below.

Description of Project
In general, the Public Information Officer will work with the City Manager to update the City’s communications plan and its various initiatives, provide written communication (as opposed to face-to-face or on-air communication) to the media and the public, and advise the City Manager in the case of unexpected situations. Unless otherwise directed, the City Manager will represent the City in media events.

RFP Timeline
RFP posted November 4, 2021
Deadline to submit written questions November 15, 2021
Posting of responses to questions November 17, 2021
Deadline to submit proposals December 6, 2021 at 2 p.m. PST Interviews (if needed) Week of December 6, 2021
Tentative award January 12, 2021
Submittal Procedures
No proposals will be accepted after the listed date and time. All proposals must be clearly marked with the project title and RFP number and submitted in a sealed envelope. Failure to identify the proposal on the envelope may result in disqualification of the proposal. The format, content, and procedures for submitting a proposal are provided in further detail within the RFP.

Contact
Please direct any inquiries regarding this RFP to Sirinya Matute at [email protected].

All questions regarding the content of the proposal should be submitted in writing to the listed email address and sent no later than the date and time listed in the RFP Timeline. Responses to questions will be distributed to registered bid holders and posted to the City website. 876
RFP CM21-002 City of Hermosa Beach

Table of Contents Description of Project................................................................................................ 1 RFP Timeline....................................................................................................................................................................1 Submittal Procedures ....................................................................................................................................................1 Contact.............................................................................................................................................................................1 1 Introduction .......................................................................................................................................... 3

1.1 Invitation for Proposals..........................................................................................................................................3

1.2 RFP Timeline .......................................................................................................................................................3

1.3 General RFP Conditions ........................................................................................................................................3 2 Project Description................................................................................................................................ 6

2.1 City Location and Characteristics ........................................................................................................................6

2.2 Project Goals...........................................................................................................................................................7

2.3 Minimum Qualifications..........................................................................................................................................7

2.4 City Proposed Scope of Services........................................................................................................................7

2.5 Work to be Performed or Provided by the City..............................................................................................8 3 Proposal Submittal Instructions ............................................................................................................ 9

3.1 Proposal Format .....................................................................................................................................................9

3.1.1 Hard Copy Proposals....................................................................................................................................9

3.1.2 Electronic Submittal .....................................................................................................................................10

3.2 Proposal Content .................................................................................................................................................10

3.2.1 Cover Letter..................................................................................................................................................10

3.2.2 Firm Profile....................................................................................................................................................10

3.2.3 Project Understanding and Approach to Scope of Work ...................................................................10

3.2.4 Project Management Plan..........................................................................................................................11

3.2.5 Experience and Qualifications..................................................................................................................11

3.2.6 Required Forms ............................................................................................................................................12

3.2.7 Cost Proposal ...............................................................................................................................................13 4 Proposal Evaluation and Selection..................................................................................................... 14

4.1 Proposal Review Process....................................................................................................................................14

4.2 Evaluation Criteria...............................................................................................................................................14 5 Contract Expectations ......................................................................................................................... 16

5.1 Contract Period....................................................................................................................................................16

5.2 Professional Services Agreement .....................................................................................................................16

5.3 Standards of Work.............................................................................................................................................16

5.4 Invoicing and Payment .......................................................................................................................................16

5.5 COVID-19 Vaccination Policy...........................................................................................................................16 6 Attachments and Required Forms ...................................................................................................... 17

6.1 Preexisting Communications Plans...............................................................................................................17

6.2 Sample Professional Services Agreement.......................................................................................................18 Sample Professional Services Agreement..............................................................................................................18

6.3 Required Forms....................................................................................................................................................26

6.3.1 Certification of Proposal ............................................................................................................................26

6.3.2 Non-Collusion Affidavit ..............................................................................................................................27

6.3.3 Compliance with Insurance Requirements................................................................................................28

6.3.4 Acknowledgement of Professional Services Agreement ......................................................................29 877
RFP CM21-002 City of Hermosa Beach

1 Introduction

1.1 Invitation for Proposals
The City of Hermosa Beach City Manager’s Office is seeking proposals from highly qualified individuals or firms to provide Public Information Officer (PIO) services for the City of Hermosa Beach. Proposer(s) must have the expertise, experience, and resources available to perform the work described in the RFP.

In general, the PIO will work with the City Manager’s office to update the City’s overall communications plan; provide written communication (as opposed to face-to-face or on-air communication) to the media and the public; and advise the City Manager in case of unexpected situations. Unless otherwise directed, the City Manager will represent the City in media events.

The Proposer must demonstrate the following minimum qualifications: a minimum of four (4) years of recent, paid, and progressively responsible experience providing Public Information Services in the public sector; Proposer must also be accessible within one hour, when needed, for a prompt response for City communication efforts during day-to-day operations; show they have no conflict of interest with regard to any work performed or identify any potential conflicts as a PIO for the City of Hermosa Beach; and show they have the requirements to be able to obtain and maintain a City of Hermosa Beach Business License if selected.

1.2 RFP Timeline
RFP posted November 4, 2021
Deadline to submit written questions November 15, 2021
Posting of responses to questions November 17, 2021
Deadline to submit proposals December 6, 2021 at 2 p.m. PST Interviews (if needed) Week of December 6, 2021
Tentative award January 12, 2021

1.3 General RFP Conditions
The following instructions and conditions apply to this RFP:

Pre-Contractual Expenses
The City of Hermosa Beach shall not, in any event, be liable for any pre-contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed.

Pre-contractual expenses are defined as expenses incurred by Proposers in:
• Preparing a proposal in response to this RFP;
• Submitting that proposal to the City of Hermosa Beach; • Negotiating with the City of Hermosa Beach any matter related to this RFP, proposal, and/or contractual agreement; or
• Any other expenses incurred by the consultant prior to the date of an executed contract.

Authority to Withdraw RFP and/or Not Award Contract
The City of Hermosa Beach reserves the right to withdraw this RFP at any time for any reason without prior notice. Further, the City makes no representations that any agreement will be awarded to any individual or 878
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firm responding to this RFP. The City expressly reserves the right to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s). The release of this RFP does not obligate or compel the City to enter into a contract or agreement.

Authority to Revise RFP and Request Additional Information The City reserves the rights to amend the RFP at any time, to determine the successful respondent(s), and to reject any or all Proposals or their components. Should it be necessary for the City to issue addendums to this RFP during the proposal period, the City will notify the known holders of this RFP and post addendums to the City website. Proposals shall acknowledge that the consultant is aware of all addendums issued and that provisions were incorporated into the proposal by completing the Certification of Proposal Form.

The City reserves the right to request additional information or clarifications from consultants where it may serve the City’s best interest.

Other Conditions
• ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished.

Upon final selection of the firm, the Scope of Work may be modified and refined during negotiations with the City.
• AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the consultant to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a consultant shall provide a current power of attorney certifying the agent’s authority to bind the consultant. • AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected consultant, if any. Award may be made to the consultant offering the most advantageous proposal after consideration of all criteria. Should the selection criteria be requested, it shall be at the City’s discretion if the criteria is released prior to the final selection being made. • COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto.
• CONFLICT OF INTEREST. By signing the Certification of Proposal, the consultant declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposals, consultant declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
• DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the consultants, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for.

Reasonable grounds for believing that any consultant is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a consultant is interested. Consultants shall submit as part of their Proposal documents the completed NonCollusion Affidavit. • EXAMINATION OF DOCUMENTS. It is the responsibility of the consultant to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addendums (if any). Consultants shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the consultant to examine documents shall in no way relieve the consultant from any obligations with respect to the solicitation for and subsequent contract that may be awarded. 879
RFP CM21-002 City of Hermosa Beach

The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the consultant has thoroughly examined and is familiar with the RFP documents.

The failure or neglect of a consultant to receive or examine any of the documents shall in no way relieve the consultant from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.
• INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or other RFP documents, or finds discrepancies or omissions in the specifications, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid.

Modifications to the RFP, including, but not limited to, the scope of work, can be made only by written addendum issued by the City. Proposers shall submit all questions in writing to the contact listed in the announcement. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each consultant to ensure the City has their correct business name, mailing address and e-mail address on file. Any prospective consultants who obtained a set of RFP documents are responsible for advising the City that they have a set of RFP documents and wish to receive subsequent Addendums. • IRREGULARITIES. City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager. • NON-DISCRIMINATION. Consultant represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age or medical condition.
• NON-EXCLUSIVE. Should the City make an award, the successful consultant will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms.
• OFFERS OF MORE THAN ONE PRICE. Consultants are NOT allowed to submit more than one proposal.
• OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All bid proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposals should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. It is the responsibility of each Proposer to clearly identify any and all information contained within its bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
• PROFESSIONAL SERVICES AGREEMENT. Prior to awarding any work, the selected Consultant will be required to execute a professional services agreement with the City. Any proposed change to the agreement shall be identified in the response to the Request for Proposals (RFP) and shall be subject to the sole approval of the City. The City requires the Consultant to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement.
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RFP CM21-002 City of Hermosa Beach

• NO PUBLIC BID PROPOSAL OPENING/PUBLIC RECORDS ACT. Bid proposals shall be opened and its contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing consultants. Adequate precautions shall be taken to treat each consultant fairly and to ensure that information gleaned from competing proposals is not disclosed to other Consultants. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority.
• PUBLIC RECORD. All proposals submitted in response to this RFP will become the property of the City upon submittal and a matter of public record pursuant to applicable law. • REPRESENTATIONS. Consultant understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal. Consultant misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal. • SEVERABILITY. If any provisions or portion of any provision, of this Request for Proposals are held invalid, illegal or unenforceable, they shall be severed from the Request for Proposals and the remaining provisions shall be valid and enforceable. • SUBCONTRACTOR INFORMATION. If the proposal includes the use of sub consultants, consultant must identify specific sub consultants and the specific requirements of this RFP for which each proposed sub consultant would perform services. If a sub consultant for work services to be performed exceeds $25,000 the sub consultant must contain all required provisions of the prime contract.
• VALIDITY. Proposal must be valid for a period of 90 days from the due date. • WITHDRAWAL OF PROPOSAL. Consultants’ authorized representative may withdraw Proposals only by written request received by the RFP’s official point of contact before the Proposal Submittal Deadline.
2 Project Description

2.1 City Location and Characteristics
The City of Hermosa Beach is located within the southwestern coastal portion of Los Angeles County in what is commonly referred to locally as the “South Bay” area. The City is bounded on the north by the City of Manhattan Beach, on the south by the City of Redondo Beach, on the east by the City of Redondo Beach and the City of Manhattan Beach, and on the west by the Pacific Ocean. The city limits for Hermosa Beach encompass a relatively small land area, approximately 1.4 square miles. Hermosa Beach includes nearly two miles of shoreline and varies in width between one-half mile and approximately one mile inland.

Elevations in the City range from sea-level and rise up to 250 feet in elevation.

A residential community with exceptional schools, a robust park system, and a flourishing downtown, the City of Hermosa Beach serves a stable population of approximately 20,000 residents, with an exceptionally high visitor population due to its various entertainment offerings, diverse restaurants, and beach-side tourist events throughout the year. Local favorites include live music from rock to jazz, as well as up to 80 annual festivals and special events, including AVP Volleyball, various national youth volleyball tournaments, summer concerts, movies at the beach, and various holiday events and activities, among others. The three-day weekends of Memorial Day and Labor Day also bring thousands of visitors to the Fiesta Hermosa street fair, which features hundreds of crafters, artists and musicians. As a result of 881
RFP CM21-002 City of Hermosa Beach

Hermosa Beach’s overall popularity as a regional tourist destination, beach attendance can range to a monthly high of over 900,000. Due to this, the City operates in many ways like a larger city.

Governed by a five-member City Council with members elected at large, Hermosa Beach operates under the council/city manager form of government as a general law city. Like the community, the Council is informed, educated, and engaged. The programs and services provided by the City are accomplished through eight City departments: City Clerk, City Manager, Community Development, Community Resources, Finance, Human Resources, Police, and Public Works.

2.2 Project Goals
Hermosa Beach may be small – just 1.4 square miles with approximately 160 FTEs – but the City’s public information and communications strategy is highly professionalized and strategic. Our Citywide communications plan is led and implemented by the City Manager’s Office, with individual departments responsible for directly communicating about their programs, policies and projects to their stakeholders.

The Public Information Officer provides crucial support for in the areas of media relations and media training, crisis communications and disaster response, and overall Citywide communications strategy.

Our City Manager works diligently to align communications with overall City goals. This alignment ensures that communications are consistent, cohesive, and clear. Our City values relationships with our stakeholders and engaged community and these relationships often guide how and when the City communicates. By communicating clearly and thoughtfully, the City Manager seeks to build trust with our residents and foster a connected community. Therefore, the Proposer would become an integral part of the City’s team, attending citywide department head meetings.

Hermosa Beach’s short-term communication priorities and strategies are established in Hermosa SHINES, the City’s communitywide reopening, recovery, and resilience plan. The word SHINES, not only represents Hermosa’s sunny weather and City seal, but is also an acronym representing the six critical elements of safety, health, infrastructure, new technology, economic development, and service. By focusing efforts on these six critical elements, SHINES consolidates ongoing and planned initiatives and projects from all City departments and serves as a guide for work over the next 18 months. A sampling of these initiatives include:
• Economic Development Strategy;
• Outdoor Dining;
• Exploration of alternate dispatch protocols to help people experiencing homelessness and/or mental health crisis;
• Parks Master Plan;
• Greenbelt Study to explore options to incorporate an accessible path; • New Public Bidding system; and
• City facilities condition and needs assessment.

2.3 Minimum Qualifications

1. The Proposer must demonstrate a minimum of 4 years of recent, paid and progressively responsible professional experience providing public information officer services in the public sector.

2. The Proposer must demonstrate accessibility within one hour when needed for a prompt response for City communication efforts during day-to-day operations.

3. The Proposer must show they have no conflict of interest with regard to any work performed or identify any potential conflicts as a Public Information Officer for the City of Hermosa Beach.

4. The Proposer must show they have the requirements to obtain and maintain a City of Hermosa Beach Business License if selected.2.4 City Proposed Scope of Services 882
RFP CM21-002 City of Hermosa Beach

The City of Hermosa Beach is seeking highly qualified individuals or firms to enter into a Professional Services Agreement to provide Public Information Officer (PIO) Services.

In general, the Public Information Officer responsibilities involved will be assigned as follows:
• The Public Information Officer will work with the City Manager to update the City’s communications plan and its various initiatives, provide written communication (as opposed to face-to-face or on-air communication) to the media and the public, and advise the City Manager in the case of unexpected situations. Unless otherwise directed, the City Manager will represent the City in media events.

The successful Proposer will be expected to provide public relations and information services including, but not limited to:
1) Assist in identifying primary target audiences, key community leaders, organizations, government, business, and the media in areas served by the City of Hermosa Beach; 2) Serve as the lead media contact. Serve as liaison between the media and the City of Hermosa Beach. Arrange and coordinate media interviews (The Public Information Officer will NOT be the spokesperson for projects, but rather will coordinate and facilitate media requests and the City’s responses and/or interviews);
3) Work with the City to develop overall communications strategy and messages, followed by the preparation of outreach materials, such as media press releases, brochures, information kits, fact sheets, website pages, electronic newsletter articles, exhibit displays, flyers, direct mail, paid and free advertorial media kits, and newsletters in languages fitting for the service area; a. Assignment shall also include the development and execution of social media strategies, along with social listening on relevant platforms.
b. Coordinate with existing City communication outlets (i.e. City Website, E-newsletter, Internal/External Social Media pages, Nixle, and E-notification services, etc.). 4) Assist in all phases of project development and implementation that may include preparing for and conducting public meetings and press conferences. Arrange and organize meetings with target audiences and the general public as necessary for the City and/or select oversight/project committees;
5) Coordinate media interaction with the Mayor to provide ‘State of the City’ Address on the City’s successes in the planning process. Prepare PowerPoint presentations, visual aids such as charts and graphs, and other necessary material for City of Hermosa Beach presentations at special interest organizations, public meetings, and news conferences;
6) Review the City’s emergency crisis management communication plan for accuracy and relevance. Coordinate and conduct check-ins with agencies, departments, and City communications officers to ensure a unified and informed approach to City public relations in the case of an emergency;
7) Assist with Disaster Response, Recovery and resiliency, including serving as an Emergency Operations Center Public Information Officer (EOC PIO) as needed. Proposer will also complete these three free, online courses: ICS 100 (Introduction to Incident Command System), ICS 700 (Intro to National Incident Management System), and SEMS G606 (Standardized Emergency Management System). City will determine whether Proposer needs to attend additional Emergency Management training;
8) Attend internal and public meetings regarding select City projects (i.e. Strategic and General plan updates, Major City special events, City-wide initiatives, etc.); and 9) Attend weekly Leadership Team meetings to ensure familiarity with operational activities and ensure alignment with overall communications plans and goals.

2.5 Work to be Performed or Provided by the City
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The City will perform the following tasks or functions related to this project:

1. Post/distribute public information announcements, website updates, workshop agendas/reports;

2. Prepare and execute agreements with all entities;

3. Schedule times and make facilities reservations for meetings and workshops;

4. Act as liaison with the appropriate decision-making bodies;

5. Share responsibility for social listening on social media platforms such as Facebook and Nextdoor; and

6. Provide Proposer with access to relevant documents.
3 Proposal Submittal Instructions

3.1 Proposal Format
Proposals must be submitted in a sealed envelope or box bearing the name of the consultant, clearly marked, and submitted only to the following address:

RFP CM21-002 Public Information Officer Services
City of Hermosa Beach
Attn: Sirinya Matute
City Manager’s Office
1315 Valley Drive
Hermosa Beach CA 90254

3.1.1 Hard Copy Proposals
Proposers shall submit one original and four copies of the proposal for a total of five bound documents.

One hard copy of the cost proposal (fee schedule) shall be in a separate sealed envelope, clearly marked “Cost Proposal”.

If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide the basis for resolving such discrepancies. If one document is not clearly marked “ORIGINAL", the City reserves the right to use any copy of the proposals as the Original.

All proposals shall be submitted on standard 8.5” by 11” paper and printed double-sided. Exhibits may be 11” by 17” paper as needed. Proposers should minimize the use of plastic film/dividers and other materials that cannot be recycled.
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All pages should be numbered and identified sequentially by section.

3.1.2 Electronic Submittal
Proposers must also submit an electronic PDF version of their proposal by email to the project manager at [email protected] by the due date. The cost proposal shall also be submitted in the same email, but as a separate PDF attachment. Attachments may not exceed a combined total of 20 MB.

3.2 Proposal Content
Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis.

Proposals should be straightforward and provide "layman" explanations of technical terms that are used.

Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of how the Proposer plans to provide the requested services. Proposals must include the sections as described in greater detail below. Do NOT include marketing brochures, promotional material, or work samples not connected with this RFP.

3.2.1 Cover Letter
Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter should include an introduction of the firm and summary statement of professional qualifications.

3.2.2 Firm Profile
Proposers should provide a brief profile of the prime consultant and any sub-consultants. Information should include, but is not limited to the following information:
• Official name and address;
• Name, address, and telephone number of the consultant’s primary point of contact; • Type of business entity of consultant (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture; • Federal Employer I.D. Number;
• Address, telephone numbers, and fax numbers of each of the proposing firm’s locations; • Indication whether firm is totally or partially owned by another business organization (parent company) or individual;
• Number of years consultant has been in business under the present business name; • Number of years of experience the consultant has had in providing required, equivalent, or related services; and
• Any failures or refusals to complete a contract, and explanation.

3.2.3 Project Understanding and Approach to Scope of Work Proposers should include in this section a statement of project understanding, organizational chart, approach to work program and summary of deliverables, described in greater detail below.

Statement of Project Understanding
Consultant must include in this section its understanding of the project and understanding of the Scope of Services noted herein. Consultant should be able to articulate a thorough understanding of the State, County and Local requirements, and other industry standards applicable to the project or services to be provided.

Proposer must also demonstrate it meets these minimum qualifications specified under 2.3 City Proposed Scope of Services.
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Organizational Chart
Consultant shall include an organizational chart that reflects key staff and roles/responsibilities of each individual assigned to provide services under this Proposal. Any roles or topics in which the proposer anticipates utilizing the expertise of subcontractors should be clearly identified.

Approach to Work Program (Required and Optional Tasks)
The City is seeking an effective, efficient, and creative approach to preparing work products and meeting the City’s goals and timeline for this project. In this section, proposers should include their recommended approach to providing the requested professional services and tasks noted in the Scope of Services in the RFP. The approach to the work plan shall be of such detail to demonstrate the proposer’s ability to accomplish project objectives.

The proposer’s approach should provide detail on both the required and optional tasks identified in the scope of work, as well as any additional tasks recommended by the proposer to successfully achieve the project objectives.

Roles and Responsibilities for City Staff
Proposer shall summarize any services NOT provided by their firm that are listed in the Scope of Work.

Consultant shall also list any resources, City assistance, or other items expected to be provided by City beyond those listed in Section 2.5, “Work to be Performed or Provided by the City”. Consultant may additionally itemize those services which are further required but are not noted in the aforementioned paragraphs as requirements. Consultant will title this section as Additional Services.

3.2.4 Project Management Plan
Key to a creative, effective, and efficient delivery of the project is close coordination and communication between the City, community, and the selected consultant. In this section, proposers should provide a project schedule, and describe the firm or project manager’s approach to communications and quality assurance/quality control.

Schedule
Proposers shall present a schedule that details the timing and sequence of project tasks, deliverables, and community engagement efforts.

Communications Approach
Proposers shall describe their recommended or preferred approach to project communications between the City and Consultant Team. This should include detail on the frequency of project check-ins, progress updates, and meeting locations (i.e. phone, email, in-person). Communications protocols for coordinating with other City departments, agencies, and the community can be established during project kick-off.

Quality Assurance/Quality Control Approach
Describe the firm’s QA/QC processes that will be adhered to during the term of the agreement. Describe the Consultant’s method of ensuring that the assigned personnel’s quality of work is high.

3.2.5 Experience and Qualifications
Proposers shall include in this section a summary of relevant projects, contact information for references, and information about the experience, qualifications, and availability of key personnel, described in greater detail below.

Summary of Relevant Projects
Proposers shall highlight representative projects that are similar in scope and size to this project to demonstrate the firm’s depth of experience and familiarity with similar projects. For each project, please include the following information, at a minimum:
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• Year started and completed (if relevant);
• Contracting Agency + Department;
• Project Description;
• Key Personnel Assigned; and
• Contract Value.

References
Consultant must provide at least three (3) references for which consultant has provided services similar in scope as set forth in the RFP within the last five (5) years. Reference information should include:
• Name of agency;
• Name of agency project manager;
• Email address and telephone number of contact person; and • Description of project or services provided.

Experience and Qualifications of Key Personnel
The consultant shall provide resumes indicating the experience and qualifications for the key personnel identified in the organization chart. Consultant shall also include the number and type of additional support personnel who will be providing services. At a minimum, the resume for each team member should include:
• Name;
• Position and Role for This Project;
• Degrees and Certifications;
• Professional Memberships/Registrations;
• Summary of Experience; and
• Work on Representative Project Similar in Scope.

If sub-consultants are to be used as part of this proposal, a resume of the sub-consultant and relevant experience is to be included in the same format.

Assignment of Key Personnel
It is the City’s preference to have the key personnel identified in the Organizational Chart remain with the project during the term of the agreement. In this section, please indicate the availability of key personnel to pursue completion of this project in terms of the involvement in other projects that are presently in your firm’s backlog.

After contract execution the Consultant should not substitute key personnel (project manager and others listed by name in the proposal) or sub-consultants without prior written approval from the local agency.

The consultant must request and justify the need for the substitution and obtain approval from the agency prior to use of a different sub-consultant on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost for public information officer types of consultant contracts, the Consultant’s project manager shall have all the necessary credentials to qualify him/her as a project manager for this project.

In the event there are proposed changes in key personnel, including sub-consultants, during the term of the agreement that are outside of the consulting firm’s control, the consultant shall prepare a transition plan that is presented to the City’s project manager for review.

3.2.6 Required Forms
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Consultant shall review, acknowledge and submit the following forms:
• Certification of Proposal. Proposer is required to sign and submit the Certification of Proposal including acknowledgement that they have received and considered any addendums issued by the City of Hermosa Beach in connection with this RFP;
• Non-Collusion Affidavit. Proposer is required to sign and submit the Non-Collusion Affidavit; • Compliance with Insurance Requirements. Consultant shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement; and
• Acknowledgement of Professional Services Agreement. Consultant shall demonstrate willingness and ability to comply with the City’s Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement.

3.2.7 Cost Proposal
Printed cost proposals shall be submitted in a separate sealed envelope with the proposal, labeled “Cost Proposal” and indicate the firm’s name. Electronic copies of the cost proposal may be submitted in the same email but provided as a separate, clearly marked “cost proposal” PDF file.

The fee information is relevant to determine whether the fees are fair and reasonable in light of the services to be provided. This section must include the proposed hourly rate(s) to provide the services desired. Hourly rates shall be inclusive of all costs required to perform the services.

The Cost Proposal must also state if the proposed hourly rate(s) for key personnel is guaranteed for the term of an agreement (if awarded) or if it is subject to adjustments. If subject to adjustments, consultant must state the frequency of adjustments and how adjustments are determined.

Please note:

Preceding the COVID-19 pandemic, the contract PIO billed approximately 40 hours per month. PostCOVID (March 2020 – present), monthly billable hours ranged between approximately 120 hours to 250 hours per month, with an average of 170 hours billed per month.. 888
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4 Proposal Evaluation and Selection

4.1 Proposal Review Process
The City will evaluate all proposals received in accordance with the evaluation criteria. The City shall not be obligated to accept the lowest priced proposal, but the City may make award(s) in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience, and professional qualifications of the Proposer. Evaluation scores will not be released until after award of proposal, if one is made.

Following the review of proposals by the City’s team, the City may invite short-listed consultants to be interviewed by a panel of City staff, which may include non-city personnel at the City’s discretion.

Discussions may, at the City's option, be conducted with the most qualified Proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers.

The City will verify references of short-listed consultants, which may include persons not listed as references, and this will help inform the City’s decisions. The City will select a consultant to negotiate for the performance of work. In negotiating the contract, the City may request modifications to the proposed scope or to the technical team or other elements of the proposal. If negotiations fail, the City will commence negotiations with the next qualified candidate. Work will promptly commence following contract award and satisfaction of contract requirements.

4.2 Evaluation Criteria
Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of Hermosa Beach will use the following criteria in its evaluation of proposals, interviews with selected consultants, or verification of references. The categories will be weighted approximately as follows:

Approach and Methods (50%):
• Strategic thinking and approach to completing specified work, including creative approaches that maximize efficient, cost-effective operations.
• Evidence of the team’s strong communication skills, including the ability to work collaboratively with other members of a multi-disciplinary team in a complex and dynamic working environment.
• Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management plan.
• Accessibility of Staff and Proposer/Firm’s Location.

Relevant Experience & Expertise (20%):
• Proposer’s depth and breadth of experience and expertise in City Communication services, especially within the South Bay region of Los Angeles.
• Recent, paid experience providing public information officer services in the public sector. • The depth and appropriateness of experience of individual members of the team as they relate to the duties of a PIO.
• Performance on similar or related projects.

Timeframe and Costs (20%):
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• Display of a proposed schedule and timeline that meets any specific conditions laid out in the RFP or accomplishes the project objectives in a reasonable timeframe. • Delivery of a clear and reasonable project budget that provides sufficient detail on the costs for required and optional services.
• Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimize cost overruns.

Administration (10%):
• Ability to comply with the timeline, terms, and billing procedures. • The extent and nature of any proposed amendments to the City’s Professional Services Agreement.
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5 Contract Expectations

5.1 Contract Period
The Contract Period will be established following submittal of proposals and be based on a reasonable amount of time needed to complete the work.

The Proposer must demonstrate accessibility within one hour when needed for a prompt response for City communication efforts during day-to-day operations. The Proposer may also be assisting as a Public Information Officer in an Emergency Operations Center (EOC) activation, as needed.

5.2 Professional Services Agreement
The selected consultant will be expected to comply with and sign the City’s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City’s Professional Services Agreement.

5.3 Standards of Work
In case of conflicts, ambiguities, discrepancies, errors, or omissions, Consultant shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City shall be at Consultant's risk and expense.

5.4 Invoicing and Payment
The contract will be set up as a fixed fee with a not-to-exceed rate to be billed monthly based on hours worked.

Invoices are to be submitted monthly. The invoices shall reference the project title, and must list the charges by task, worker classification, hours, billing rate, and totals. Back up information must be submitted together with the invoices.

Each invoice shall contain a progress report describing the work completed during the billing period.

5.5 COVID-19 Vaccination Policy
The selected consultant will be expected to comply with the City’s COVID-19 Vaccination Policy. 891
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6 Attachments and Required Forms

6.1 Preexisting Communications Plans
Approved City Public Information and Communications Plan 892
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6.2 Sample Professional Services Agreement
Sample Professional Services Agreement

CONTRACT FOR PROFESSIONAL SERVICES TO
________________________________________________________________ BETWEEN THE CITY OF HERMOSA BEACH AND ___________________________ This AGREEMENT is entered into this day of , 2021, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and _, a limited liability company (“CONSULTANT”).

R E C I T A L S
A. The City desires to __________________________________________.

B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:

CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.

As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.

As additional consideration, CITY agrees to pay CONSULTANT a total of $ , for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.

CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received.

SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.

Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities 893
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necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.

FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is ________________. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on __________, 20___, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.

CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.

CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.

In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

INDEMNIFICATION. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, 894
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regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed.

CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.

CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.

CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.

INSURANCE REQUIREMENTS.

A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.

Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 895
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2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claimsmade annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise.

1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”

2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.

C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
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D. Any deductibles or self-insured retentions must be declared to and approved by the CITY.

At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.

F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.

G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.

USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.

NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 897
RFP CM21-002 City of Hermosa Beach

NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: ATTN:

Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery.

Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.

C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.

E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 898
RFP CM21-002 City of Hermosa Beach

FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.

TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City.

DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs) By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission 899
RFP CM21-002 City of Hermosa Beach

Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF HERMOSA BEACH CONSULTANT
[MAYOR/CITY MANAGER] By: NAME/TITLE
ATTEST:

City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Michael Jenkins, City Attorney
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RFP CM21-002 City of Hermosa Beach

6.3 Required Forms

6.3.1 Certification of Proposal
RFP #: CM21-002
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP).

1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.

2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.

3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.

4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal

6. The proposal shall be valid for 90 days from the date of submittal.

7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued:

Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________
Addendum: _____________________________

8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal.

Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
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RFP CM21-002 City of Hermosa Beach

6.3.2 Non-Collusion Affidavit
RFP #: CM21-002
The undersigned declares states and certifies that:

1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation.

2. This proposal is genuine and not collusive or sham.

3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP.

4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract.

5. All statements contained in the Proposal and related documents are true.

6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal.

7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this proposal.

8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
902
RFP CM21-002 City of Hermosa Beach

6.3.3 Compliance with Insurance Requirements
RFP #: CM21-002
The selected consultant will be expected to comply with the City’s insurance requirements contained within this RFP.

The undersigned declares states and certifies that:

1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal.

2. If selected, proposer agrees to accept all conditions and requirements as contained therein.

Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
903
RFP CM21-002 City of Hermosa Beach

6.3.4 Acknowledgement of Professional Services Agreement RFP #: CM21-002
The selected consultant will be expected to comply with and sign the City’s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City’s Professional Services Agreement.

1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement.

2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows:
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ __________________________________________
Signature of Authorized Representative:
____________________________________________
Printed Name and Title:
____________________________________________
904
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

Professional Services Agreement

CONTRACT FOR PROFESSIONAL SERVICES FOR THE PROVISION OF PUBLIC INFORMATION OFFICER

SERVICESBETWEEN THE CITY OF HERMOSA BEACH AND LAURA MECOY COMMUNICATIONS LLC

DBA MECOY COMMUNICATIONS
This AGREEMENT is entered into this day of , 2022, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and LAURA MECOY COMMUNICATIONS, LLC, a limited liability corporation DBA MECOY COMMUNICATIONS (“CONSULTANT”).

R E C I T A L S
A. The City desires to enter into a contract for Public Information Officer Services.

B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:

CONSIDERATION AND COMPENSATION. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.

As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.

As additional consideration, CITY agrees to pay CONSULTANT a retainer of $7,200 per month, from February 1, 2022 through January 31, 2023, for up to 70 hours per month of the CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

CONSULTANT shall be compensated at the rate of $200/hour for overages of time beyond 70 hours per month, and for services requested by City above and beyond those covered under this Agreement. No additional compensation over and above the monthly retainer shall be paid for any other services or expenses incurred, unless first approved by the City Manager or his/her designee.

CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay 905
City of Hermosa Beach

CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received.

SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.

Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

KEY PERSONNEL. CONSULTANT’s key persons assigned to perform work under this Agreement are Laura Mecoy, Ryan Walker, and Cary Walker. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.

TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on January 31, 2023, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. The CITY may renew for up to four successive 1-year periods.

CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.

CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.

In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and 906
City of Hermosa Beach

CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.

Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

INDEMNIFICATION. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.

CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 907
City of Hermosa Beach

CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.

INSURANCE REQUIREMENTS.

A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.

2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than the State of California’s statutory minimum.

4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise.

1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”
908
City of Hermosa Beach

2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.

6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.

C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

D. Any deductibles or self-insured retentions must be declared to and approved by the CITY.

At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.

F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.

G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.

USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. 909
City of Hermosa Beach

FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.

NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Sirinya Matute
Senior Management Analyst
[email protected]
Laura Mecoy, Principal
Laura Mecoy Communications,
LLC
1601 N. Sepulveda Blvd. No.
188Manhattan Beach, CA 90266
ATTN: Laura Mecoy
[email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section. 910
City of Hermosa Beach

A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party.

There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.

C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.

E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.

TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.

ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this 911
City of Hermosa Beach

Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City.

DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
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City of Hermosa Beach

COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF HERMOSA BEACH CONSULTANT
[MAYOR/CITY MANAGER] By: Laura Mecoy/Principal
ATTEST:

Susan Morrow, Interim City Clerk Taxpayer ID No.

APPROVED AS TO FORM:

Michael Jenkins, City Attorney
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City of Hermosa Beach

Exhibit A: Scope of Services
Pursuant to the Agreement, Consultant agrees to furnish all the material and equipment and perform all the work in compliance with the requirements and standards contained in the Contract Documents, as defined herein. Consultant shall provide Public Information Officer Services including, but not limited to:

1. Assist in identifying the City’s primary target audiences Consultant shall work with City to identify primary target audiences including key community leaders; organizations; government entities; business; and the media in areas served by the City of Hermosa Beach. Consultant shall also assist in identifying issue- or project-specific audiences as requested.

2. Media Relations
Consultant shall serve as liaison between the media and the City of Hermosa Beach staff and officials. Areas of responsibilities include:
 Arrange and coordinate media interviews for City staff and officials, including the Mayor and Mayor Pro Tempore;
 Assist with talking points and statements for City staff and officials as requested;  Assist with drafting and disseminating press releases and media alerts;  Conduct Media Preparation for City staff and officials in advance of interviews, as needed;
 Maintain current media list with contacts for South Bay and greater LA media markets;
 Draft and send HB Weekly Media Mentions email with links to all Hermosa Beach media mentions to City Council and City Manager’s Leadership Team.

Note: The Public Information Officer will NOT be the spokesperson for projects, but rather will coordinate and facilitate media requests and the City’s responses and/or interviews

3. Communications Strategy and Message Development
The Consultant will be involved in developing an overarching citywide communications strategy, along with supporting short-term projects and time-sensitive communication needs.

The Consultant will also ensure relevance and accuracy of all materials it produces by having them reviewed and approved by the subject matter experts and the communications team members, as well as Council and/or Mayor and Mayor Pro Tempore when appropriate.  Consult with City’s communications team and leaders to establish citywide communications priorities for the upcoming year within the first three months of the contract (timing pending City staff availability). Work with City staff to incorporate these priorities in citywide Editorial Calendar. Develop overarching communications strategies, messages, and plans for each priority by asking the following questions (lifted from the City’s Communications Plan template):
o Goals: What do we hope to achieve with this communication? 914
City of Hermosa Beach

o Target Audiences: Who are the intended audiences?
o Overview/Messaging: What are three to five main points/messages about the project?
o Program Team: Who else should be involved in the communications? o Timeline/Important Dates: What is the start and end date? What are other important dates?
o Spokesperson: Who will speak on the City’s behalf on this topic? o Tactics: What channels will we use to communicate? Include existing City communication outlets (i.e. City Website, E-newsletter, Internal/External Social Media pages, Nixle, and E-notification services, etc.). o Collateral: What materials do we need to communicate? o Responsibilities: Who is responsible for each item in the plan?  Deliverables to be completed by Consultant, at direction of City staff, may include:
o Preparation of outreach materials, such as media alerts, press releases, brochures, information kits, fact sheets, website pages, electronic newsletter articles, exhibit displays, flyers, direct mail, social media content, paid and free advertorial media kits, and newsletters in languages fitting for the service area; o Social media strategy and content
 Provide strategic communications counsel on short-term projects and communications needs.
 Assist with preparing talking points and PowerPoint presentations, visual aids such as charts and graphs, and other necessary material for City of Hermosa Beach presentations at special interest organizations, public meetings, and news conferences, at the request of the City.

4. Public Outreach
Assist in all phases of project development and implementation that may include preparing for and conducting public meetings and press conferences. Arrange and organize meetings with target audiences and the general public as necessary for the City and/or select oversight/project committees.

5. Social Media
Advise City staff on the development and execution of social media strategies for City priorities, policies, and special events. Track community sentiment by monitoring social media.

6. Coordinate Interactions with the Mayor
Assist Mayor and City staff in preparation of materials including, but not limited to PowerPoint presentations and visual aids.

6.1 Annual State of the City Event
Assist with planning State of the City Address on the City’s successes, in coordination with City Manager’s Office.

7. Emergency Crisis Management Communications Plan
Conduct in-depth review of the City’s emergency crisis management communication plan for accuracy and relevance. Evaluate named contacts in the plan, as well as the processes it describes, to ensure its usefulness in emergency situations. 915
City of Hermosa Beach

Coordinate and conduct check-ins with agencies, departments, and City communications officers to ensure a unified and informed approach to City public relations in the case of an emergency

8. Disaster Response, Recovery, and Resiliency
Assist with disaster response including serving as an Emergency Operations Center Public Information Officer (EOC PIO) as needed.

All three primary contacts will complete these three free, online courses within the first three months of contract execution:
 ICS 100 (Introduction to Incident Command System)
 ICS 700 (Intro to National Incident Management System)  SEMS G606 (Standardized Emergency Management System)
City will determine whether Consultant needs to attend additional Emergency Management training.

9. Meetings
To ensure familiarity with operational activities and ensure alignment with overall communications plan and goals:
 Attend internal and public meetings regarding select City projects (i.e. Strategic and General plan updates, Major City special events, City-wide initiatives, etc.);  Consultant shall attend one weekly Leadership meeting; one biweekly Council debrief meeting; and one monthly citywide Communications Team meeting to ensure familiarity with operational activities and ensure alignment with overall communications plan and goals.

Pursuant to the Agreement, CITY agrees to perform the following tasks or functions related to this project:

1. Post/distribute public information announcements, website updates, workshop agendas/reports;

2. Prepare and execute agreements with all entities;

3. Schedule times and make facilities reservations for meetings and workshops;

4. Act as liaison with the appropriate decision-making bodies;

5. Share responsibility for social listening on social media platforms such as Facebook and Nextdoor; and

6. Provide consultant with access to relevant documents. 916
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0031
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 11, 2022

MAYOR PRO TEM JACKSON REQUESTS THE CITY COUNCIL
DIRECT STAFF TO PREPARE AN ITEM FOR THE JANUARY 25,
2022 AGENDA THAT INCLUDES A RECOMMENDATION FOR

AN ENCROACHMENT FEE FOR THE TEMPORARY OUTDOOR

PERMIT PROGRAM FOR THE DINING DECKS
City of Hermosa Beach Page 1 of 1 Printed on 5/24/2023
powered by Legistar™971
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0032
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 11, 2022

TENTATIVE FUTURE AGENDA ITEMS
Attached is the current list of tentative future agenda items for Council’s information.

Attachments:

Tentative Future Agenda Items
City of Hermosa Beach Page 1 of 1 Printed on 5/24/2023
powered by Legistar™972
January 5, 2022
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council January 11, 2022

TENTATIVE FUTURE AGENDA ITEMS
JANUARY 25, 2022 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
JANUARY 25, 2022 @ 6:00 PM

PRESENTATIONS
COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT TENTATIVE – LOS ANGELES COUNTY ECONOMIC DEVELOPMENT CORPORATION

PRESENTS AWARD TO CITY OF HERMOSA BEACH

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for December 2021
Finance Director Ongoing
Acceptance of Donation Finance Director Staff Request
Dec. 14, 2021
City Treasurer’s Report and Cash Balance Report for December 2021 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of November 17, 2021
Public Works Director Ongoing
Recommendation to receive and file the action minutes of the Planning Commission meeting of January 18, 2022
Community Development Director Ongoing
Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Assembly Bill 361 Compliance City Clerk Ongoing
Approval of the Commencement of Special Event Long Term Agreement Negotiations with the Jewish Community Center for the Community Chanukah Celebration; and the Great Autos of Yesteryear for the Classic Car Show
Community Resources Manager Staff Request
Dec. 29, 2021
Approve reclassification of Senior Account Clerk to Accountant Human Resources Manager Staff Request Jan. 3, 2021

MUNICIPAL MATTERS
CIP 689 - Clark Building Renovations Final Plans Public Works Director Staff Request Oct. 28, 2021
Designation of a maximum amount of fee waivers to be granted for special events held in 2022
Community Resources Manager Staff Request
Nov. 15, 2021
Discussion of next steps towards achieving the City’s greenhouse gas emissions goals and consideration of Community Choice Aggregation options Environmental Programs Manager Council Direction
Nov. 6, 2021

FUTURE AGENDA ITEMS
Tentative Future Agenda Items City Manager Ongoing
MONDAY, JANUARY 31, 2021 @ 5:00 PM
PARKING STUDY SESSION:
1) Review Residential and Employee Parking Permit Program 2) Review Street Metered and Parking Garage Program
973
2 FEBRUARY 8, 2022 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
FEBRUARY 8, 2022 @ 6:00 PM

PRESENTATIONS
COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 4, 2022
Community Resources Manager Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for December 2021
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
NO MEETING FEBRUARY 22, 2022

CANCELLED DUE TO LACK OF QUORUM
THURSDAY, MARCH 3, 2022 @ 5:00 PM

REVENUE STUDY SESSION
974
3 MARCH 8, 2022 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
MARCH 8, 2022 @ 6:00 PM

PRESENTATIONS
COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT

PRESENTATION FROM WEST BASIN WATER DISTRICT AND

CALIFORNIA WATER SERVICE ON WATER CONSERVATION

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for January 2022
Finance Director Ongoing
2020-21 Comprehensive Annual Financial Report (Including Report from Independent Auditor)
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for January 2022 Finance Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of February 15, 2022
Community Development Director Ongoing
Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Recommendation to receive and file the action minutes of the Economic Development Committee meeting of February 7, 2022
Community Development Director Ongoing
Review of submittal of the 2021 Hermosa Beach Housing Element Annual Progress Report
Community Development Director Annual
Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 1, 2022
Community Resources Manager Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for January 2022
Emergency Management
Coordinator
Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
South Bay Workforce Investment Board Quarterly Summary City Manager Quarterly

MUNICIPAL MATTERS
Midyear Budget Review 2021-22 Finance Director Annual
Leadership Hermosa Beach Class of 2022 Class Project ?? Annual FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
975
4 MARCH 22, 2022 @ 5:00 PM

INITIAL

DATE CLOSED SESSION
MARCH 22, 2022 @ 6:00 PM

PRESENTATIONS
COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT

CITY MANAGER REPORTS
Police Chief Update

CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates

CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report and CIP Report by Project for February 2022
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for February 2022 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of March 15, 2022
Community Development Director Ongoing
Planning Commission Tentative Future Agenda Items Community Development Director Ongoing Recommendation to receive and file the action minutes of the Economic Development Committee meeting of March 7, 2022
Community Development Director Ongoing
Assembly Bill 361 Compliance City Clerk Ongoing
PUBLIC HEARINGS – 6:30 PM
Approval of Amendments to HBMC Chapter 12.20 Beach and Strand Regulations to Require a 50-foot Distance from the Strand Wall for Recreational Activities Including Temporary Volleyball Courts; Prohibition of Recreational Activities from Blocking Beach Access Points or Emergency Lanes; and Additional Language Updates to Reflect Modern Uses of the Beach
Community Resources Manager Staff Request
July 7, 2021

MUNICIPAL MATTERS
Economic Development Committee Six Month Progress Report Community Development Director Six Months

FUTURE AGENDA ITEMS
Tentative Future Agenda Items City Manager Ongoing
THURSDAY, MARCH 31, 2022 @ 5:00 PM

ADA STUDY SESSION
976
5 PENDING STRATEGIC PLAN ITEMS

STATUS /

TENTATIVE MEETING DATE
Update Personnel Policies Human Resources
Manager
Pending Labor
Negotiations/Meet & Confer
Process
Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager On hold by Council
Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst Community Choice Aggregation Direction, Dec. 2016 Environmental Programs Manager

PENDING NEW ITEMS

STATUS /

TENTATIVE MEETING DATE
Approval of the Municipal Lease Policy
Initiated by: Staff Request Jun. 12, 2018
Community Resources
Manager
Document Retention Policy
Initiated by: Staff Request Nov. 28, 2018
City Clerk Pending Deputy City Clerk
Appointment
Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization)
Initiated by: Council Direction Jul. 9, 2019
Public Works Director To be included in Revenue
Strategy Study Session (March
3, 2022). PW staff has funding
to prepare an assessment
adjustment study and will
advance that effort – it is
anticipated that the study will
take approximately 2 to 3
months to complete. If council
agrees to advance the
adjustment, it will need to go to
a city-wide ballot.

The annual assessment is
required to go to council each
year for approval and may need
to go to council separately
before the ballot vote. It was
last approved at the 7/13/2021
council meeting.

Pavement Condition Index Update
Initiated by: Staff Request Sept. 23, 2019
Public Works Director The new pavement
management plan report is
being prepared and is
anticipated to be completed in
approximately 2 to 3
months. PW staff will prepare
a staff report with the updated
document and have our
consultant available to present
the item to council.

Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk/Assistant to
the City Manager
Pending Deputy City Clerk
Appointment
Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Community
Development Director
Staff to work with BCHD to
consider appropriate timing to
return to consider a full ban
Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
Administrative Memorandum
977
6 (AM) on City Branding and
Logo Use by City Staff. City
staff will begin drafting the
AM after finalizing the City’s
style guide and filing its “Intent
to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and
handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only once after the
City receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.

Follow-up on Mayor’s Pledge
Initiated by: Council Direction August 25, 2020
City Manager’s
Office/Police Chief
Pending proposal from Sunny
Lee
Ordinance to regulate nuisance Outdoor Lighting
Initiated by: Staff Request June 3, 2021
Community
Development Director
Council referred to Planning
Commission at June 2021
meeting, tentatively scheduled
for Planning Commission,
February 2022
An Ordinance of the City of Hermosa Beach, California, adding Chapter

12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property
Initiated by: Staff Request June 12, 2021
City Attorney
Update on single use plastics ordinance and resources needed to meet compliance (Supported by Massey, Campbell, Armato)
Initiated by: Council Direction October 26, 2021
Environmental Program
Manager
PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Community
Development
Director/Environmental
Program Manager
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