Hermosa Beach City Council
February 28, 2023

CITY OF HERMOSA BEACH
RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL MAP NO. 83160, FOR TWO NEW
DETACHED CONDOMINIUM UNITS, LOCATED AT 856 CYPRESS AVENUE

IN THE CITY OF HERMOSA BEACH, CALIFORNIA
WHEREAS, on July 20, 2021, the Planning Commission of the City of Hermosa Beach conducted a duly noticed public hearing to consider the application of Kyle and Wendy Bergstresser, (the “Applicants” hereinafter) for approval of Vesting Tentative Parcel Map No. 82983 at 856 Cypress Avenue and, upon conclusion of said public hearing on July 20, 2021, the Planning Commission adopted its Resolution No. 21-10 approving Vesting Tentative Parcel Map No. 83160.

WHEREAS, on June 28, 2022, the Applicants filed an application for approval of Final Map No. 83160 (the “Application” hereinafter), as described in the title of this Resolution.

WHEREAS, pursuant to Municipal Code Section 16.08.040, the City Engineer has reviewed Final Map No. 83160 and determined that the map is technically correct, conforms to the approved Vesting Tentative Parcel Map and is in compliance with applicable provisions of Title 16 of the Municipal Code and of the Subdivision Map Act.

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct.

SECTION 2. Pursuant to Section 16.08.040 of the Hermosa Beach Municipal Code, the City Council finds the Final Parcel Map to be in substantial conformance with the Vesting Tentative Parcel Map, with Title 7, Division 2, 488

Chapter 3 of the California Government Code and with the applicable provisions of Title 16 of the Municipal Code. Based on the foregoing finding, the Council hereby approves Final Parcel Map No. 83160 as presented.

SECTION 3. 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; shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted; and shall transmit a copy of this Resolution to the Applicant.

PASSED, APPROVED and ADOPTED on this 28th day of February, 2023.

Raymond Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
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490

COUNTY OF LOS ANGELES

DEPARTMENT OF PUBLIC WORKS
“To Enrich Lives Through Effective and Caring Service”
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (626) 458-5100
http://dpw.lacounty.gov
O c tober24, 20 22
MARK PESTRELLA, Director
ADDRESS ALL CORRESPONDENCE TO:

P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460

IN REP L Y P L EA S E
REFER TO FIL E: L D -2
M r. L u c ho Rod rigu ez
D epu ty C ity Engineer
C ity ofH ermos a B eac h
1315 Valley D rive
H ermos a B eac h, C A 90 254-38 8 4
D earM r. Rod rigu ez:

P A RC EL M A P 8 3160
P arc elM ap 8 3160 has been reviewed and approved by P u blic W orks formathematic al ac c u rac y, s u rvey analys is , title information, and for c omplianc e with the S u bd ivis ion M ap A c t. Itis read y for you rexamination and c ertific ation as to c omplianc e with the c ond itions ofapprovaland applic able C ity ord inanc es .

The C ity C ou nc il or A d vis ory A genc y s hou ld make the find ings requ ired by the C alifornia EnvironmentalQ u ality A c tand the S u bd ivis ion M apA c t.

A fteryou rapprovaland the approvalof the C ity C ou nc ilorA d vis ory A genc y, the final map s hou ld be retu rned to L os A ngeles C ou nty P u blic W orks , L and D evelopment D ivis ion, forfilingwiththe Regis trar-Rec ord er/C ou nty C lerk's offic e.

If you have any qu es tions , pleas e c ontac t M r. M ax Rod rigu ez of P u blic W orks , L and D evelopmentD ivis ion, at(626)458 -4915 ormrod rigu e@ pw. lac ou nty. gov.

Very tru ly you rs ,

M A RK P ES TREL L A , P E
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0117
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 28, 2023

ACTION MINUTES OF THE PLANNING COMMISSION REGULAR
MEETING OF FEBRUARY 21, 2023
(Community Development Director Carrie Tai)
Recommended Action:

Staff recommends City Council receive and file the action minutes of the Planning Commission regular meeting of February 21, 2023.

Attachments:

1. Planning Commission Action Minutes Regular Meeting of February 21, 2023 Respectfully Submitted by: Carrie Tai, Community Development Director Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 1 of 1 Printed on 2/24/2023
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City Hall
1315 Valley Drive
Hermosa Beach, CA
90254
City of Hermosa Beach
Action Minutes - Draft
Planning Commission
Chair
Stephen Izant
Vice Chair
Peter Hoffman
Commissioners
Marie Rice
David Pedersen
Tuesday, February 21, 2023 6:00 PM
I. CALL TO ORDER
The Planning Commission regular meeting was held in-person and virtually pursuant to Executive Order AB 361 issued by Governor Gavin Newsom on September 16, 2021.The meeting was called to order by Chair Stephen Izant at 6:00 PM.

II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Commissioner Pedersen.

III. ROLL CALL
All Planning Commissioners attended in-person in the Council Chambers.

Staff present in-person in the Council Chambers:

Carrie Tai, Community Development Director
Nathalie Camarena, City Attorney
Maricela Guillean, Associate Planner
Johnathon Masi, Assistant Planner
Jake Whitney, Assistant Planner
Staff present virtually:

James Atkins, Senior Planner
Melanie Bristow, Administrative Assistant
Commissioner David Pedersen, Chair Stephen Izant, Vice Chair Peter Hoffman, and Commissioner Marie Rice

Present: 4 -

Absent: 0
City of Hermosa Beach Page 1
493
Planning Commission Action Minutes - Draft February 21, 2023 Chair Izant welcomed Community Development Director Carrie Tai. Director Tai stated it is her great pleasure to serve as the Community Development Director of Hermosa Beach and that she looks forward to supporting the City’s goals and mission in the years moving forward.

Chair Izant also acknowledge Nathalie Camarena from BB&K Law, who is filling in for City Attorney Patrick Donegan.

Director Tai introduced Assistant Planner Jake Whitney, who has joined the Hermosa Beach Planning Staff.

IV. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS There were no public comments at this time.

V. CONSENT CALENDAR
a. REPORT
23-0083

ACTION MINUTES OF THE PLANNING COMMISSION
REGULAR MEETING OF JANUARY 17, 2023
(Administrative Assistant Melanie Bristow)
Motion by Vice Chair Hoffman and seconded by Commissioner Rice to approve the action minutes of the Planning Commission regular meeting of January 17, 2023 as amended. Motion carried as follows:

Aye: 4 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice

Absent: 0
VI. STAFF ITEM -- TRI-ANNUAL REPORT
a. REPORT
23-0085

TRI-ANNUAL REPORT FOR ON-SALE ALCOHOLIC BEVERAGE
CONDITIONAL USE PERMITS REPORTING PERIOD OF JULY 1, 2022 TO DECEMBER 31, 2022
(Community Development Director Carrie Tai)
Community Development Director Carrie Tai provided a staff report for this item.

Motion by Commissioner Pedersen and seconded by Vice Chair Hoffman to receive and file the Tri-Annual Report for the reporting period of July 1, 2022 to December 31, 2022. Motion carried as follows:

Aye: 4 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice

Absent: 0
VII. PUBLIC HEARING
a. REPORT
23-0107
PDP 22-04 - PRECISE DEVELOPMENT PLAN AMENDMENT
REQUEST TO ALLOW A 218-SQUARE-FOOT ADDITION TO AN
EXISTING CONDOMINIUM UNIT LOCATED AT 1723 GOLDEN AVENUE,

AND TO DETERMINE THAT THE PROJECT IS CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
City of Hermosa Beach Page 2
494
Planning Commission Action Minutes - Draft February 21, 2023 (Assistant Planner Johnathon Masi)
Assistant Planner Johnathon Masi provided a staff report for this item.

The following people provided public comment:

1. Brieanna Cunningham

2. Mark Theroux
Commissioner Pedersen commented that this project seems pretty straight forward and encouraged the developer to work with neighbors regarding concerns. Commissioner Rice stated that this project meets requirements and has come into compliance. She supports this project.

Motion by Commissioner Pedersen and seconded by Vice Chair Hoffman to approve the Precise Development Plan Amendment request to allow a 218-square-foot addition to an existing condominium unit located at 1723 Golden Avenue, and to determine that the project is categorically exempt from the California Environmental Quality Act. Motion carried as follows:

Aye: 4 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice

Absent: 0
b. REPORT
23-0115
* This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code, * or may be appealed to the City Council by any party if filed by the deadline of Monday, March 13, 2023.

PDP 22-03 REQUEST FOR A PRECISE DEVELOPMENT PLAN FOR A
TWO-UNIT ATTACHED DUPLEX PROJECT AT 414 MONTEREY

BOULEVARD AND DETERMINE THE PROJECT IS CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
(Associate Planner Maricela Guillean)
Associate Planner Maricela Guillean provided a staff report for this item.

The following person provided public comment:

1. Brandon Straus
Commissioner Rice noted that this is one of the first projects that has tandem stacked parking including the guest parking that is also in the right-of-way, which is separately handled with that condition. She inquired on how the parking is assigned. Associate Planner Maricela Guillean referred to the slide on development standards, which shows the parking arrangement. Maricela stated that the guest parking cannot be tandem, so the guest parking spaces are unenclosed and have direct access to Monterey Boulevard. Commissioner Rice noted that the sidewalk is unimpeded when the cars are parked.

Vice Chair Hoffman, Commissioner Pedersen, and Commissioner Rice all voiced support for this project.

City of Hermosa Beach Page 3
495
Planning Commission Action Minutes - Draft February 21, 2023 Motion by Vice Chair Hoffman and seconded by Commissioner Pedersen to approve the request for a Precise Development Plan for a two-unit attached duplex project at 414 Monterey Boulevard and determine the project is categorically exempt from the California Environmental Quality Act. Motion carried as follows:

Aye: 4 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice

Absent: 0
c. REPORT
23-0109
* This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code, * or may be appealed to the City Council by any party if filed by the deadline of Monday, March 13, 2023.

CON 23-01, PDP 23-01, VTPM #83937 - CONDITIONAL USE PERMIT,

PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL
MAP NO. 83937 REQUEST FOR A TWO-UNIT DETACHED
CONDOMINIUM PROJECT AT 705 2ND STREET AND TO DETERMINE

THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
(Assistant Planner Johnathon Masi)
Assistant Planner Johnathon Masi provided a staff report for this item.

The following people provided public comment:

1. Brandon Straus
Vice Chair Hoffman asked what the finishes are on the elevations. He noted that the Planning Commission usually would receive an architectural rendering as a part of the presentation. He would like to request that future submissions have a rendering or a detailed explanation of the elevations. Commissioner Rice agreed with Vice Chair Hoffman.

Brandon Straus addressed the Planning Commission regarding Condition #20 (a Public Works condition), which is related to a seven-foot easement for access to the sewer main. Brandon spoke to someone in Public Works that told him this was a placeholder. Brandon said this is a requirement for the Final Map. The Final Map has to reflect this. Brandon said he believes there is no sewer line on the property, no sewer main on the survey. The GIS system was reviewed and the sewer main appears to be in the street and there already appears to be a 3 ½ foot wide clearance on either side of it. It is not clear that the 7-foot easement would be needed on the private property side of the property line. He would prefer if that condition could be removed. Commissioner Pedersen said this project meets all requirements and he supports Staff recommendation. Vice Chair Hoffman agreed.

Commissioner Rice asked for the City Attorney or Director Tai to weigh in regarding Condition #20. Director Tai said that the stated purpose for the potential easement is in the condition. If that purpose doesn’t apply, then the condition in and of itself is fulfilled. If the Planning Commission or the applicant wished to remove the condition, staff would need to confer with the Public City of Hermosa Beach Page 4
496
Planning Commission Action Minutes - Draft February 21, 2023 Works Department prior to deciding on this item.

Chair Izant inquired if the wording of the Condition could be changed. Director Tai stated that the context of the special situation that caused Public Works to make this a condition is unknown at this time, and there may be a future sewer improvement or situation that would deem this a necessary condition. Staff would not be comfortable altering or removing this condition at this time.

Assistant Planner Johnathon Masi informed the Planning Commission that he did confer with Public Works prior to the meeting regarding this condition. Public Works asked that the condition’s language as worded in the resolution be retained.

Motion by Commissioner Rice and seconded by Commissioner Pedersen to approve the request for Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map No. 83937 for a two-unit detached condominium project at 705 2nd Street and to determine the project is categorically exempt from the California Environmental Quality Act. Motion carried as follows:

Aye: 4 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice

Absent: 0
* This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code, * or may be appealed to the City Council by any party if filed by the deadline of Monday, March 13, 2023.

VIII. STAFF ITEMS
a. REPORT
23-0093

DISCUSSION OF PLANNING COMMISSION MEETING START TIME
(Community Development Director Carrie Tai)
Motion by Vice Chair Hoffman and seconded by Commissioner Rice to approve changing the meeting start time back to 7:00 PM beginning March 1, 2023. Motion carried as follows:

Aye: 4 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice

Absent: 0
b. VERBAL REPORT ON CITY COUNCIL ACTIONS
Director Carrie Tai shared that the City Council was provided an update at their meeting in January on the Economic Development Strategy. One upcoming item in Spring will be in conjunction with the Chamber of Commerce and it will be an educational forum for businesses to gauge interest in starting a business improvement district. Senior Planner Christy Teague is handling that project.

The Covid-19 State of Emergency is coming to an end February 28th. City Council will be discussing the Outdoor Dining Program and temporary extensions, specifically on the public right-of-way as well as those on private property as a way of allowing businesses time to transition.
c. STATUS REPORT ON MAJOR PLANNING PROJECTS
City of Hermosa Beach Page 5
497
Planning Commission Action Minutes - Draft February 21, 2023 d. REPORT
23-0105
The Community Development Department is working on the Housing Element, both the adoption and the pending certification, and also the Zoning Code Update.

There will be a study session on March 9th to go over the Housing Element sites inventory followed by an item at the March 21st Planning Commission regular meeting on the zoning associated with the Housing Element changes.

PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS
(Administrative Assistant Melanie Bristow)
IX. COMMISSIONER ITEMS
a. PLANNING COMMISSION COMMENTS
b. FUTURE AGENDA ITEMS
X. ADJOURNMENT
Motion by Vice Chair Hoffman and seconded by Commissioner Rice to adjourn the meeting until the next meeting of the Planning Commission on Thursday, March 9, 2023 at 7:00 PM. Motion carried as follows:

Aye: 4 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman, and Commissioner Rice

Absent: 0
*Chapter 2.52, Section 2.52.040 of the Municipal Code provides for Council review and reconsideration of any decision of the Planning Commission by two affirmative votes at the next regularly scheduled City Council meeting. In the event the Council initiates a review, the review will be placed on a future agenda of City Council within a reasonable time, and the Commission’s decision is stayed pending Council’s review and final decision.

City of Hermosa Beach Page 6
498
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0106
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 28, 2023

PLANNING COMMISSION TENTATIVE FUTURE AGENDA
(Community Development Director Carrie Tai)
Recommended Action:

Staff recommends City Council receive and file the March 21, 2023 Planning Commission tentative future agenda.

Attachments:

1. Planning Commission March 21, 2023 Tentative Future Agenda Respectfully Submitted by: Carrie Tai, Community Development Director Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 1 of 1 Printed on 2/24/2023
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C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@140FF165\@[email protected] Revised 02/16/2023 11:18 AM
Tentative Future Agenda

PLANNING COMMISSION
City of Hermosa Beach
March 21, 2023
Regular Meeting
7:00 PM
Project Title Public Notice Meeting
Date
 Hook & Plow – Conditional Use Permit Amendment from a Type 41 license to a Type 47 license 3/9/23 3/21/23
 Tri-Annual Review – Hearing Item 3/9/23 3/21/23
 Zoning Code Update – Study Session 3/9/23 3/21/23
Upcoming and Pending Projects
 Review of Fiscal Year 2023-2024 Capital Improvement Program (CIP) for Conformance with the City's General Plan
 H20 Hotel – Conditional Use Permit Amendment
 March 9, 2023 – Planning Commission Special Meeting: Housing Element Study Session
 City Yard – Precise Development Plan, Conditional Use Permit, and Environmental Review – pending environmental clearance. 500
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0090
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 28, 2023

ACTION MINUTES OF THE PARKS, RECREATION AND

COMMUNITY RESOURCES ADVISORY COMMISSION
MEETING OF DECEMBER 6, 2022
Recommended Action:

Staff recommends City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 6, 2022.

Attachments:

1. Action Minutes of the December 6, 2022 Parks, Recreation and Community Resources Advisory Commission Meeting
Respectfully Submitted by: Lisa Nichols, Community Resources Manager Approved: Suja Lowenthal, City Manager
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MINUTES
REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES

ADVISORY COMMISSION
December 6, 2022 – Council Chambers, City Hall
1315 Valley Drive – 7:00 P.M.

Parks, Recreation and Community Resources Advisory Commission Traci Horowitz, Chairperson
E. Thomas Moroney, Vice Chairperson
Barbara Ellman
Jani Lange
Lauren Pizer Mains
I. Call to Order
II. Pledge of Allegiance
III. Roll Call

Present: Chairperson Horowitz, Vice Chairperson Moroney, Commissioner Ellman, Commissioner Pizer Mains, Community Resources Manager Lisa Nichols, Senior Recreation Supervisor Brian Sousa, Office Assistant Kalyn Kaemerle and City Attorney Patrick Donegan.

Absent: Commissioner Lange
IV. Announcements – Upcoming City Events
V. Presentations
a. Friends of the Parks Post-Event Presentation: Pets in the Park, Movies at the Beach, and Pumpkins in the Park
Coming forward to address the Commission at this time: (00:03:10) Laura Leventhal, Friends of the Parks event representative VI. Community Resources Manager Report
a. Updates regarding City Council items previously on the Parks, Recreation and Community Resources Advisory Commission’s Agenda
VII. Public Participation – Oral and Written Communications from the Public: This is the time for members of the public to address the Commission on any items within the Commission's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Announcements, Community Resources Manager Report, Consent Calendar items that are not pulled for separate consideration and Future Agenda Items), on written communications, and to request the removal of an item from the consent calendar. Public comments on the agenda items called Announcements, Community Resources Manager Report, Consent Calendar items that are not pulled for separate consideration and Future Agenda Items will only be heard at this time. Further, comments on public hearing items are heard only during the public hearing. Members of the audience may also speak during discussion of items removed from the Consent Calendar for separate consideration; during Public Hearings; and, during discussion of items appearing under Matters for Commission Consideration. All comments from the public under this agenda item are limited to three minutes per speaker, but this time allotment may be reduced due to time constraints. The Commission acknowledges receipt of the written communications listed below. No action will be taken on matters raised in oral and written communications, except that the Commission may take action to schedule issues raised in oral and written communications for a future agenda. Speakers with comments regarding City management or departmental operations are encouraged to submit those comments directly to the City Manager.
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a. Tony Higgins Letter
Coming forward to address the Commission at this time: (00:40:17) Scott Hayes, Hermosa Beach resident
Motion by Commissioner Ellman to approve and file Tony Higgins’ Letter. Commissioner Pizer-Mains seconded the motion. Motion passed with a 4-0 vote.

VIII. Commissioner Comments: Commissioners may briefly respond to public comments, may ask a question for clarification or make a brief announcement or report on his or her own liaison or subcommittee roles, activities or meetings attended.

IX. Consent Calendar
a. October, 2022 Activity Report
b. Action Minutes of the Regular Meeting of November 1, 2022 Motion by Commissioner Pizer-Mains to approve Items a. October, 2022 Activity Report and b. Action Minutes of the Regular Meeting of November 1, 2022 on the Consent Calendar. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote.

X. Items Removed from the Consent Calendar for Separate Discussion None.

XI. Public Hearings
None.

XII. Matters for Commission Consideration
a. Approval of 2023 Returning Impact Level II Special Events Recommendation: Staff and the Special Events Subcommittee recommends the Parks, Recreation and Community Resources Advisory Commission approve the inclusion of the following 15 returning Impact Level II special events on the 2023 Special Event Calendar as proposed in the Staff Report.

Coming forward to address the Commission at this time: (00:57:45) Tom Horton, South Bay Surf Series event representative
David Brandin, Socal Beach Foundation event representative Gino Grajeda, AAU Southern Grand Prix event representative Mark Paaluhi, SCVA Winter Series and Spring Championships Volleyball event representative Donny Young, Beach Tennis Tournament event representative Joey Iside, Hope Chapel Sunrise Service event representative Father Paul Gawlowski, Easter Sunrise Mass event representative Andy Steinhoff, Dolphin Dash event representative
Tom Horton, South Bay Paddle event representative
Bill Sigler, Smackfest event representative
Adam Malovani, Hermosa Harmony event representative
Donna Cohen, Walk to End Alzheimer’s event representative Kelsey Brandin, Volley4Sound event representative
Patrick Amato, Sandy Sauté event representative
Motion by Commissioner Moroney to approve the 2023 Returning Impact Level II Special Events. Commissioner PizerMains seconded the motion. Motion passed with a 4-0 vote.

XIII. Future Agenda Items - Requests from Commissioners for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Commissioners should consider the city's work plan when considering new items.
a. None
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XIV. Adjournment
Motion by Chairperson Horowitz to adjourn the meeting. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. This meeting was adjourned at 9:07pm to the Tuesday, January 3, 2023 meeting. 504
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0095
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 28, 2023

APPROVAL OF RETURNING IMPACT LEVEL III SPECIAL EVENT
(Community Resources Manager Lisa Nichols)
Recommended Action:

Staff recommends City Council approve the Parks, Recreation and Community Resources Advisory Commission’s recommendation to include returning Impact Level III Special Event, the Glow Ride for Cystic Fibrosis on the Strand north of the Pier and Schumacher Plaza, on the 2023 Special Event Calendar on Saturday, August 12.

Executive Summary:

The City of Hermosa Beach is a highly sought-after destination for special events. The Community Resources Department is tasked with overseeing these event requests and permits on public property. Returning Impact Level III events, which are events with the largest impact to the City, require approval by City Council.

At its February 7, 2023 meeting, the Parks, Recreation and Community Resources Advisory Commission (Commission) recommended City Council approve returning Impact Level III Special Event, the Glow Ride for Cystic Fibrosis on the Strand north of the Pier and Schumacher Plaza on Saturday, August 12.

Background:

The Special Events Policy Guide (Attachment 1) serves as a comprehensive document for event producers with information on the review and approval process, applicable fees, policies, and Hermosa Beach Municipal Code chapters and sections pertaining to special events. Special events are evaluated based on several factors and categorized as either Impact Level I, II, or III using the Impact Characteristics Matrix in the Special Events Policy Guide. The matrix considers event characteristics to determine the Impact Level such as: the total estimated attendance; the event location; the day and season in which the event would take place; the total number of consecutive event days; and special requests such as reserved parking, amplified sound, etc. The Impact Level of the event is then used to determine the deadline for application submittal, and the level of review and approval required (City staff, Commission, and/or City Council) for the event. Impact Level III events, which are events with the largest impact to the City, and new events, require approval by City City of Hermosa Beach Page 1 of 4 Printed on 2/24/2023
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Staff Report
REPORT 23-0095
which are events with the largest impact to the City, and new events, require approval by City Council. Impact Level II events require approval by the Commission and Impact Level I events are approved by staff.

Staff began accepting applications from all event producers interested in applying for 2023 event dates regardless of each event’s Impact Level on August 11, 2022. Event producers with Impact Level III event requests were required to submit a special event application by September 8, 2022 to be included within the first round of review and approval of Impact Level III events by the Commission and City Council in October. Staff received an additional request following the initial deadline for a returning Impact Level IlI special events from Claire’s Place Foundation for the Glow Ride for Cystic Fibrosis.

At its February 7, 2023 meeting, the Parks, Recreation and Community Resources Advisory Commission recommended City Council approve returning Impact Level III Special Event, the Glow Ride for Cystic Fibrosis on the Strand north of the Pier and Schumacher Plaza on Saturday, August

12. Past Commission Actions
Meeting Date Description
February 7, 2023 Commission’s recommendation to City Council to approve the Glow Ride for Cystic Fibrosis on Saturday, August 12 Discussion:

The Claire’s Place Foundation requests to hold the Glow Ride for Cystic Fibrosis on the Strand north of the Pier, and Schumacher Plaza on Saturday, August 12. The event would consist of participants biking, walking or skating along the Strand north of the Pier and back to raise funds and awareness for those living with cystic fibrosis. Event participants would be provided with glow accessories such as glow sticks, bracelets, and glasses. The event would consist of a registration area on Schumacher Plaza with amplified sound for announcements and background music, and volunteers along the event route to guide event participants and prevent impacts to strand traffic. The Glow Ride for Cystic Fibrosis recommended for approval is included on the 2023 Special Events Calendar (Attachment 3) . Additional event details are included in the Glow Ride for Cystic Fibrosis event overview sheet (Attachment 4). Estimated permit fees payable to the City are included in Table 1 below.

Table 1: Glow Ride for Cystic Fibrosis Estimated Permit Fees Fee Cost Calculation Total
Application
(Non-Profit)
$616 - $616
Amplified Sound
Pit
$181 - $181
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REPORT 23-0095
Table 1: Glow Ride for Cystic Fibrosis Estimated Permit Fees Fee Cost Calculation Total
Application
(Non-Profit)
$616 - $616
Amplified Sound
Permit
$181 - $181
Category III $3,235 per
event day
$3,235 per event day x 1
event day
$3,235
Event
Co-Sponsor
$311 each To Be Determined (TBD) TBD
Estimated Permit Fees Total: $4,032 (plus Event
Co-Sponsor fees
TBD)
*Additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Community Resources Department, Public Works Department, Police Department and the Los Angeles County Fire Department.

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 5. Small beach town character is reflected throughout Hermosa Beach.

Policy:
• 5.7 Visitor and resident balance. Recognizing the desire and need to balance visitor-serving and local-serving uses as a key to preserving character and the economic vitality of the community.

Parks and Open Space Element
Goal 3. Community parks and facilities encourage social activity and interaction.

Policies:
• 3.1 Community-friendly events. Encourage, permit, and support community group, nonprofit, or business organized events on City property that support physical activity, beach culture, and City of Hermosa Beach Page 3 of 4 Printed on 2/24/2023
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Staff Report
REPORT 23-0095
or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions.
• 3.2 Social and cultural events. Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction. • 3.3 Commercial use of facilities. Regulate and enforce commercial use of City parks and open spaces to ensure activities do not impact general use and enjoyment.

Goal 7. The beach offers high quality recreational opportunities and amenities desired by the community.

Policies:
• 7.3 Recreational asset. Consider and treat the beach as a recreational asset and never as a commercial enterprise.
• 7.5 Designated recreational uses. Continually evaluate and explore devoting certain portions of the beach to different preferred recreational uses while providing access for all users and meeting the recreation needs of visitors and residents.

Fiscal Impact:

If approved, estimated event revenue would be approximately $4,032. Estimated permit fees are calculated with the fees listed in the Master Fee Schedule effective December 1, 2021 to November 30, 2022 as the event request was submitted prior to November 30, 2022.

Attachments:

1. Special Events Policy Guide

2. Link to February 7, 2023 Commission Staff Report

3. 2023 Special Events Calendar

4. Glow Ride for Cystic Fibrosis Event Overview Sheet
Respectfully Submitted by: Lisa Nichols, Community Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 4 of 4 Printed on 2/24/2023
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HERMOSA BEACH

SPECIAL EVENTS POLICY GUIDE
509
1 This policy guide has been developed to clarify and carry out the City’s mission statement related to special events that occur on outdoor public spaces within the community.

Cover Image: Hermosa Beach Murals Project - John Van Hamersveld Mission Statement
Hermosa Beach strives to offer a safe and enjoyable environment for special events to take place in a way that balances resident and visitor needs. Special events in Hermosa Beach are celebrated for being community-friendly, enhancing local beach culture, and offering a myriad of benefits to the local community. The City of Hermosa Beach* works collaboratively with event operators in an efficient and clear manner to process and carry out permits in compliance with this policy.
* “City of Hermosa Beach” collectively refers to City staff, Parks, Recreation and Community Resources Advisory Commission, City Manager, and City Council.

City Contact Information
The City of Hermosa Beach Department of Community Resources is available to assist and answer any questions related to the special events process:

Website: www.hermosabeach.gov
Phone: (310) 318-0280
Email: [email protected]
Address: 710 Pier Avenue, Hermosa Beach, CA 90254
510
2 Table of Contents
General Information + Frequently Asked Questions.......................................................................................3 When is a special event permit required?
How do I apply for a special event permit?
Are private events allowed?
What is the “Nothing Weekend”?
How will this policy be enforced?
Where are special events allowed?
Use Classification + Impact Characteristics……………………………………………….…...…………………5 Impact Characteristics Matrix
Pass-Through Events
Pier Plaza Promotions
Approval Guidelines + Requirements……………………………………………………………………….…….6 Event Approval Findings
Application Submittal Deadlines and Approval Process
Peak Season Event Limits
Simultaneous Use of North and South Volleyball Courts
Pre/Post Event Meetings
Accessibility Plan
Site Plan, Equipment, and Signage
Amplified Sound
Food, Beverage, or Merchandise Sales
Professional Filming
Security
Insurance
Event Day Expectations
Applicable Fees…………………………………………………………………………………….……………10 Current Fee Schedule
Application Fees
Special event permit Fee
Additional Fees
Damage Deposit
Refund/Cancellation Policy
Compliance…...…………………………………………………………………………………………...……12 Environmental Requirements
Applicable Codes + Regulations
Fee Waivers…...…………………………………………………………………………….…………...………13 Funding Limits
Eligibility
Approval
Obligations
Disqualification
Long-term Agreements………………………………………………………………………………..…………14 Eligibility
Term Limits
Procedures
Obligations
511
3 General Information + Frequently Asked Questions
When is a special event permit required?
Any organized event, activity, celebration, or function involving the use of the beach at which one hundred or more persons are to be assembled, or use of outdoor city facilities, rights-of-way, or parkland at which twentyfive or more persons are to be assembled, requires a special event permit. Additionally, a special event permit shall be required for any commercial or non-profit group requesting use of any outdoor city facilities, rights-ofway, or parkland within the city.

How do I apply for a special event permit?
Applications for special events must be submitted using the online form on the City of Hermosa Beach website and questions may be directed toward the Department of Community Resources.

Are private events allowed?
All events located on the beach within the commercial zone, the Pier, or Pier Plaza must be open to spectators/general public free of charge. Participant entry fees are permissible.

What is the “Nothing Weekend”?
On at least one weekend during each summer season, the Parks, Recreation and Community Resources Advisory Commission will recommend no special event permits be issued. This means that any application for a special event permit that coincides with the designated “Nothing Weekend” will be asked to change dates for the event to be considered.

How will this policy be enforced?
The special events policy will be strictly enforced by Community Resources Department, Code Enforcement Officers, and the Police Department. Events, either permitted or unpermitted, found to be violating City policy or failing to comply with any of the requirements of the Hermosa Beach Municipal Code may be subject to penalties or fines. Special events, and any of its participants, vendors, or spectators, found to have caused damage or be in violation of any City policy or the Hermosa Beach Municipal Code may be subject to greater deposits, regulation, or restrictions when submitting special event applications in the future.

Where are special events allowed?
To ensure adequate space and resources are available, and to limit potential disturbances to the community, special events are limited to the following locations:
• South of Pier within the Commercial Zone; between 10th Street and the Pier; • North of the Pier within the Commercial Zone; between the Pier and 15th Street; • Designated Surf Zone
• The Strand
o Strand use is only permitted for events continuously moving with no obstruction to public access; • Pier Plaza;
• Within public right of way (please note that any event within the public right of way is subject to approval by the Chief of Police); and
• The following City parks:
o Valley Park, 2521 Valley Drive;
o Community Center, 710 Pier Avenue;
o Clark Field, 861 Valley Drive;
o Edith Rodaway Park: 350 Prospect Avenue; and
o The Greenbelt.

Special event applications for City parks not included above will be considered on a case-by-case basis.

Special event permits will not be issued for South Park, 425 Valley Drive, or Noble Park, 1400 The Strand. 512
4 Commercial Zone
513
5 Use Classifications + Impact Characteristics
Special events are evaluated based on several factors and will be categorized as Impact Level I, II, or III based on the information provided in the special event application. Once the information is submitted and reviewed by the Community Resources Department, City staff will determine the Impact Level of the event using the Impact Characteristics Matrix.

The Impact Level of the event will be used to determine:
o applicable fees;
o deadline for the special event application submittal; o requirements for pre-event meeting(s) and post event walk through(s); and o level of review for approval (City staff, Parks, Recreation and Community Resources Advisory Commission and/or City Council).

Impact Characteristics Matrix
If more than one option is applicable, the highest characteristic will be used to determine the impact level.

Characteristic Impact Level I Impact Level II Impact Level III Total Attendees and Spectators
Per Event Day
100-500 501 – 1,999 2,000 or More
Event Location(s) Park or Beach The Pier or Pier Plaza Streets, the Strand, or Public Right of Way
Use of Volleyball Courts and
Beach Tennis Courts
None • North
Volleyball
Courts; or
• Beach
Tennis Courts
• North and South
Volleyball Courts;
or
• North and South
Volleyball Courts
and Beach Tennis
Courts; or
• North Volleyball
Courts and Beach
Tennis Courts
Event Season(s) Winter Spring or Fall Summer –
Peak Season
(Memorial Day to
Labor Day)
Event Day(s) Monday - Thursday Friday, Saturday, or
Sunday
Holiday
Total Consecutive Event Days
(Including Set-up and Tear-down)
1-2 3-4 5 or More
(May not exceed 15)
Additional requests such as Film/Still
Photo Permit, Reserved Parking,
Fencing, Staging, Street Closures, or
Amplified Sound Permit
None 1-2 3 or more
Impact Level 5 or More
Applicable
=Impact Level I
2 or More
Applicable
= Impact Level II
2 or more Applicable =
Impact Level III
Pass-Through Events
A pass-through event is exactly what the name implies, the event participants pass through the City of Hermosa Beach and the event does not start or end in Hermosa Beach. A special event application is required to be submitted and pass-through events are required to follow the approval process required based on the Impact Level assigned to the event.

Pier Plaza Promotions
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6 The Pier Plaza Promotion option is designed to provide companies or event sponsors a one-day promotional opportunity on Pier Plaza subject to the Pier Plaza Use fee. These events must be strictly commercial product or service promotions and not special events. Companies or sponsors who request approval for this use will be required to submit a special event application. Up to five Pier Plaza Promotions may be approved each calendar year.

Approval Guidelines + Requirements
Event Approval Findings
A special event permit may be issued upon finding that:

1. The applicant reimburses the City for all costs incurred by the City in connection with the event, including public safety, traffic control and monitoring.

2. The number of estimated attendees can be accommodated at the proposed location and surrounding area.

3. The applicant is capable and qualified to manage the event in a competent, professional manner in accordance with all conditions of approval.

4. Adequate provision has been made for satellite parking, shuttle transportation and traffic control (as requested and determined by City staff).

5. Adequate provision has been made for security, crowd control, ingress and egress, and clean-up (as requested and determined by City staff).

6. Adequate provision has been made for trash clean-up and pick-up (as requested and determined by City staff).

7. Adequate provision has been made for additional portable restroom facilities (as requested and determined by City Staff).

8. The total number of days required for the event shall not exceed sixteen consecutive days.

9. The applicant provides required insurance, deposits, bonding and indemnification of the City.

Application Submittal Deadlines and Approval Process
Special event applications must be submitted as follows:
• New events: If the new event is an Impact Level I or II, the application must be submitted at least ninety (90) days in advance of the event. If the new event is an Impact Level III, the application must be submitted no later than July 30 for the following calendar year. New events to Hermosa Beach will be subject to a Public Hearing by both the Parks, Recreation and Community Resources Advisory Commission and City Council.
• Returning Level III events: Must be submitted no later than July 30 for the following calendar year. Upon recommendation for approval by the Parks, Recreation and Community Resources Advisory Commission and approval by City Council, permits will be processed and issued by the Community Resources Manager.
• Returning Level II events: Must be submitted at least ninety (90) days in advance of the event. Upon Parks, Recreation and Community Resources Advisory Commission approval, the Community Resources Manager may process and issue permits. Should the Parks, Recreation and Community Resources Advisory Commission recommend denial of a special event, that decision may be appealed to the City Council. • Returning Level I events: Must be submitted at least thirty (30) days in advance of the event. Level I events will be reviewed, and permits will be issued by the Community Resources Manager. Should the Community Resources Manager recommend denial of a special event, that decision may be appealed to City Council.
o Pier Plaza Promotions: Review and approval of Pier Plaza Promotion events will follow the same approval process as Level I events.

Any returning event to the City that is requesting a significant change to the event format including the location, total event days, or estimated attendance and spectator total may be subject to the application submittal deadlines and approval process outlined for new events at the discretion of the Community Resources Manager.

The Parks, Recreation and Community Resources Advisory Commission and City Council will evaluate and recommend approval of returning Impact Level III events and a “Nothing Weekend” first, and then will consider approval of returning Impact Level II events. Then staff will consider approval of Impact Level I events. Events submitted earliest will be given priority for their preferred dates. 515
7 Review Timeline
(Returning Events)
Application Period
Opens
Last Day to
Submit Application
Parks, Recreation and
Community Resources
Advisory Commission
Review
City Council Review
Impact Level I
October 15
(for following
calendar year)
30 days prior to event n/a n/a
Impact Level II
October 15
(for following
calendar year)
90 days prior to event Beginning in
December n/a
Impact Level III July 1
(for following
calendar year)
July 30
(for following
calendar year)
September Meeting October Meeting
At the discretion of the Community Resources Manager, special event applications may be submitted for consideration after the application submittal deadline has passed, provided:
• there are unforeseeable circumstances (memorial service, team victory celebration, need for minimal marketing/advertising)
• the event does not exceed Peak Season Event Limits
• the event can still meet all of the event approval findings The Community Resources Manager and the City’s Special Events Team will participate in the review and approval of special event applications submitted after the deadline has passed. The Parks, Recreation and Community Resources Advisory Commission and City Council will receive an update on the status of events submitted after the deadlines.

Event organizers are expected to be present at the Parks, Recreation and Community Resources Advisory Commission and City Council meetings (if required) where their event is scheduled to be reviewed.

Peak Season Event Limits
To balance coastal access with beach events, the Beach, the Strand, and Pier Plaza will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer):
o Maximum of 45 days used by Level III Events
o Maximum of 25 days used by Level I and II Events, and (on days not used by Level III Events) Events under a Long-Term Agreement will be categorized by their Impact Level o City Sponsored/Contracted Events will be categorized by their Impact Level The monthly number of event limits for off-peak season (Labor Day to Memorial Day) will be limited to a maximum of 15 days used by events per month. Additionally, only two events per any given day will be permitted in the City.

Simultaneous Use of North and South Volleyball Courts
One side of the North and South of Pier Volleyball courts will be required to remain open for general public use during special events occurring on weekends. An exception may be provided for events that occur at the same time as City-sponsored classes utilizing the North or South of Pier Volleyball Courts or at the discretion of the Parks, Recreation and Community Resources Advisory Commission and City Council.

Impact to Beach Tennis Courts
Any event requesting removal of the Beach Tennis Courts must provide one of the following:
• An event footprint that would allow for at least three of the permanent Beach Tennis Courts to remain for general public use; or
• Temporary Beach Tennis Courts available for general public use. o Temporary courts must remain at least 50 feet from the strand wall and shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. If temporary courts are provided outside of the Commercial Zone, outside of the event footprint, it is the responsibility of the event producer to set-up and remove the courts daily as they are not permitted to remain overnight.
516
8 o The City and Beach Tennis community would assist with providing the temporary poles and nets to the event producer and provide guidance for installation/removal.

Event Notifications
The Community Resources Department may require event producers to provide written notification to all residents and businesses within a 500-foot radius of the event site. The City shall provide the notice, which shall include the date and time of the event and the telephone number of the designated event representative.

Said written notice shall be provided to the surrounding residents and businesses by the event representative not less than 1 week prior to the event. Additionally, new event requests for locations outside of the Beach or downtown area, require event notifications to be posted at the event site leading up to the scheduled Public Hearing to provide the community additional notice of the proposed new event.

Pre/Post Event Meetings
Pre-event meetings and post-event walkthrough/evaluations with City staff and event producers may be required.

A “pre-event meeting” may be scheduled anytime between 3 months to several weeks prior to the actual event date as determined by City staff. The goal of this meeting is to provide information to all City Departments involved or impacted by the event. The Community Resources Department may require any event to have an “on-site meeting” prior to the event and a final site map must be presented at this time. City staff may require multiple meetings if the event details require further discussion or if additional information is requested. First-time events that expect to be recurring events may also be required to attend a “post-event meeting.” The Community Resources Department will invite representatives from other City Departments to these meetings, which are involved or affected by the event.

Permits may also specify a time for a “post-event walkthrough” where the applicant, event coordinator, or an authorized representative of the applicant is required to be present, as staff will walk through the site and assess the condition it was left in. Failure to participate in pre or post meeting events, may jeopardize your approved event or future events in Hermosa Beach.

Site Plan, Equipment, and Signage
A detailed map schematic must be submitted to move forward with the review and approval process that includes the proposed location of the event, including all temporary facilities, structures, signage, and /or equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures and/or facilities are to be relocated or modified. Events requiring Building, Police, or Fire Department review, must include maps and plans that are drawn to scale.

All recreational activities and set-up of recreational equipment should remain at least 50 feet from the Strand wall. Special considerations may be made for permitted, and City approved recreational events or activities.

All event-related activities and set-up shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards.

All tents must remain at least 10 feet from the Strand wall.

A parking plan showing the number of public parking spaces to be occupied by the event organizers, the location of satellite parking lots to be used for attendee parking, arrangements for shuttle bus transportation, and plans for publicizing the availability of off-site public parking may be required.

Events that set up bleachers, stages higher than 2’ off the ground, fencing or other temporary structures will be subject to review and inspection prior to the start of the event. Accessibility compliance will be required for seating, bleachers or any stages higher than 2’ off the ground. Pedestrian access shall be maintained, and a layout plan may be required to ensure proper access and circulation.

Events including promotional signs/banners, a frame signs, and other signage items shall not be placed on City facilities or premises without prior written approval from the City and must include a temporary sign/banner permit and site plan.
517
9 Accessibility Plan
It is the applicant’s responsibility to comply with all City, County, State and Federal disability access requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and outdoor sites, activities and programs must be accessible to persons with disabilities.

Amplified Sound
Amplified sound (Public Address system for announcements, etc.) is limited to the hours of 10:00 AM to 9:00 PM for up to a total of four hours in any day. Exceptions may be approved for special events, in conjunction with the special event approval process. Events must comply with the City Noise Ordinance HBMC 8.24 and speakers must be facing westward (towards the ocean) at all times. Event producers are required to obtain an Amplified Sound Permit if the event intends to use a loudspeaker or sound amplifying equipment for the purpose of giving instructions, directions, lectures, or transmitting music. Requests should be noted when submitting a special event application to the Community Resources Department to ensure proper coordination with the Chief of Police. The Chief of Police will consider the following in the issuance of amplified sound permits:

1. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business;

2. Whether the noise is prolonged and continuous;

3. How the noise contrasts with the ambient noise level;

4. The proximity of the noise source to residential and commercial uses;

5. The time of day; and

6. The anticipated duration of the noise
Food, Beverage, or Merchandise Sales
In accordance with HBMC Section 12.20.300, the sale of food, non-alcoholic beverages, or branded merchandise from the event producer on the beach are allowed pursuant to a special event permit approved by the City Council. The sale of any other commodity, merchandise, wares, products, or service on the beach or the strand is not allowed.

Applicant is responsible for obtaining any applicable food or beverage permits. A Temporary Food Permit is required when selling, serving, giving away, or sampling food or consumable products, including water or other beverages, at a public event. Additionally, each food vendor at the event must also have a Temporary Food Permit. Different permits, policies and procedures depend on the classification and the number of days of the event. As part of the food handling requirements, applicants or event organizers are required to include public safety features in the event plans such as hand-washing sinks. The County of Los Angeles Department of Environmental Health issues food permits. It is the responsibility of the applicant to ensure all vendors have current permits.

If the sale of alcohol is included in a special event application (requests for alcohol on the beach will not be approved), approval from the City Council is required and the applicant must request authorization from the State of California Department of Alcohol Beverage Control (ABC). A copy of the ABC License must be provided to the Community Resources Department prior to the issuance of a permit. City departments may place restrictions on the way in which alcohol is managed at a proposed event.

Professional Filming
A Film/Still Photo Permit is required for any event utilizing professional filming or still photo equipment or recording or photographing of activities resulting in commercial use. Information about professional filming permits can be obtained on the City of Hermosa Beach website.

Security
City staff or law enforcement may deem an activity warrants the presence of one or more Police Officers or security personnel and the cost of such services shall be borne by the applicant. Security personnel must be licensed, in uniform and are subject to approval by the City. Proof of obtaining the required security personnel must be provided to the Community Resources Manager at least two (2) weeks prior to the event.

Portable Restrooms + Hand Sanitizing/Sink Facilities
Events may be required to provide portable restrooms and hand-sanitizing/sink facilities. The cost of such services shall be borne by the applicant. The number of portable restrooms and hand-sanitizing/sink facilities required will be determined by City staff and factors such as the event location, total duration of the event, estimated attendance (participants and spectators), season the event takes place and whether food and 518
10 beverage will be served will be considered. City staff will designate the location for any portable restrooms and hand-sanitizing/sink facilities required at the event location.

Insurance
At least ten (10) days prior to the event, applicants will provide the City with a certificate of insurance providing liability insurance with the following requirements:

Applicant agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." This exact verbiage is required. Applicant shall notify the City at least thirty (30) days prior to the termination, reduction, cancellation, suspension, modification, or expiration of the policy. Notwithstanding the foregoing, Applicant shall maintain insurance coverage meeting the standards outlined in this Section at all times during the term of the activity or activities for which Applicant submitted its application, as reflected in and permitted by this Agreement. All certificates are subject to approval of the City’s Risk Manager.

Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury with limits no less than two million dollars ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of insurance coverage.

If the use includes athletic activities, Applicant shall provide evidence of that the commercial general liability insurance includes coverage for injuries to athletic participants and participant accident insurance.

If the Applicant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Event Day Expectations
In order to immediately address any issues or changes that may arise during the course of an event, producers are responsible for:
• Providing a cell phone number upon which City staff may contact the producer • Being available on-site or providing a designated contact at all times during the event. This includes agreement that producers (or their designated contact) will not actively participate in the event. • Maintaining copies of all applicable special event permits and any other permits issued by the City of Hermosa Beach on-site during the event.

Applicable Fees
All special events are subject to an application fee, special event category fees and additional fees established by resolution of the City Council and any additional costs incurred by the City on behalf of the event. Payment of special event fees is due upon receipt. The Community Resources Manager has the discretion to revoke a permit or place a hold on processing future event applications if all applicable fees are not paid in a timely manner.

Current Fee Schedule
Event Categories Fee
Category I
• Less than 500 people
Non-profit: $2 per registrant
and roster of participants
due to City
Commercial: 70/30
split of proceeds
and roster of participants
due to City
519
11 Category II
• Impacts public areas for no longer than one (1) day including set-up/tear-down • Is conducted in the off-season (not between Memorial Day and Labor Day or on any holiday)
• Participant plus spectator crowd more than 500 but less than 3,000 • Has no television coverage (except news)
• A non-profit entity is the beneficiary of the net revenues (100%) • Does not meet any of the identifying criteria for a Category III or IV event $3,169 per event day
Category III
• Impacts public areas for more than one (1) day including set-up/tear-down • Participant plus Spectator crowd does not exceed 5,000 • Has no television coverage (except news)
• Has more than $3,000 and less than $50,000 in prize money • Does not meet any of the identifying criteria for a Category IV event $3,487 per event day
Category IV
• Meets Category III Criteria and has one or more of the following:
▪ Has network television coverage
▪ Estimated participant/spectator crowds exceed 5,000 people ▪ Prize money in excess of $50,000
▪ Charges admission to spectator
▪ Gross revenues in excess of $50,000
$6,341 per event day
Additional Fees Fees
Commercial Application Fee - non-refundable $996
Non-Profit Application Fee - non-refundable $664
Pass-Thru Application Fee - non-refundable $332
Amplified Sound Permit $195
Pier Plaza Use Fee $13,272 per event day
Event Co-Sponsor $335 each
Event Set-Up/Tear-Down $300 per location, per day
Community Resources Staff $398 per day
Parking Meter Space Fee $1.25 per hour (8am-8pm)
$1.50 per hour (8pm-8am)
Depending on event details additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Building Division, Police Department, Public Works Department and the Los Angeles County Fire Department.

Application Fees
Upon review of the special event application, City staff will follow up to the event contact to collect payment of the application fee, which will be due immediately to continue the review and approval process. This fee will not be applied to special event permit fees and is non-refundable.

Special Event Permit Fees
Events are subject to a daily permit fee based on the designated event category level.

Payment of applicable special event permit fees shall be due following event approval and must be submitted at least 10 days in advance of the scheduled event.

Additional Fees
The Community Resources Department will confirm the necessary permits during application review and will coordinate with applicants to secure permits and process fees from the appropriate City departments once the special event is approved by the appropriate review body. Additional fees may be required for:
• the use of Pier Plaza and reservation of City Facilities • installation of street banners or temporary signs
• reservation/use of public parking spaces
520
12 • use of amplified sound
• use of professional filming or still photography
• presence of police, fire, community resources, or paramedic staff on site before, during or after event • application for business license
Damage Deposit
Monetary deposits, bonds and other security may be necessary to guarantee performance of all required conditions, clean-up and repair of any City property or facilities damaged as a result of the event. Events may be required to submit a deposit to cover any potential damage to City facilities. All or a portion of the deposit may be refunded upon post event inspection or sign-off by Public Works, Chief of Police, or other applicable City staff. Events will be billed for the costs to repair or replace any City property damaged as a result of the event if the damage exceeds the deposit provided.

Refund/Cancellation Policy
Once a permit is approved and issued, the special event permit and additional impact fees may be refunded when written notice is given to the Community Resources Department at least two weeks prior to the event date and provided that no staff services are incurred. If rain is predicted and the decision is made to cancel within two weeks prior to the event, no monetary refund will be given but City staff will work with event producers to re-schedule events to another available date.

Compliance
Environmental Requirements
All events will be required to submit an environmental protection plan showing proposed compliance to reduce environmental impacts as part of the application form. Such measures may include, but shall not be limited to:
• Waste recycling and reduction
• Energy efficiency
• Protection of the marine environment
• Community education opportunities
• Monitoring and reporting compliance with the environmental protection plan Applicable Codes + Regulations
The City of Hermosa Beach Municipal Code governs the approval, review, and enforcement of special events.

The Special Event Policy rules and regulations must be strictly adhered to and all pertinent City Ordinances shall be enforced. The sections of the Hermosa Beach Municipal Code relevant to special events include:

Title 8 – Health and Safety

8.24 Noise Control

8.64 Ban on Polystyrene Food Service Ware
Title 9 – Public Peace Morals and Welfare

9.28 Parties, Events and Gatherings on Private Property Title 10 – Vehicles and Traffic

10.28 Loading and Unloading

10.32 Stopping, Standing and Parking
Title 12 Street, Sidewalks and Public Places

12.20 Beach and Strand Regulations

12.24 Municipal Pier
521
13 12.28 Parks, Playgrounds and Other Public Areas

12.30 Special Events on Public Property
Fee Waivers
To support qualifying organizations, the City provides special event fee waiver grant opportunities to assist in its success by relieving the financial burden associated with the cost of the City’s special event fees. The Special Event Fee Waiver Grant Policy is intended for those events required to complete the annual special event application filing, review, and approval process. Events and organizations that qualify for a long-term agreement or in a City Contract are not bound to the terms of this policy.

Funding Limits
The Parks, Recreation and Community Resources Advisory Commission (Commission) awards grant funding for qualified organizations that have received approval to hold their event in the City of Hermosa Beach. The annual award limit of the Special Event Fee Waiver Grant is approved by the City Council each fall for the upcoming calendar year. Grants will be awarded up to a maximum of $2,500 per event or a 50% reduction of indirect City special event fees, whichever is the lesser amount.

Awards may only be used toward indirect special event fees charged by the City; direct costs are not eligible for consideration of this grant and organizations are required to pay those in full. A fee worksheet is included in the Fee Waiver Grant Application that further outlines those fees eligible under this grant. The minimum amount of requested special event fee waiver grants must total at least $250.

Eligibility
In order to be eligible to apply for a Special Event Fee Waiver Grant, the special event must be a returning event to the City and have been successfully approved through its applicable approval process as outlined in the Special Event Policy Guide. Fee waivers will not be considered for new events or events taking place during the Peak Season between Memorial Day and Labor Day. Following approval of a special event, a completed Special Event Fee Waiver Grant Application is required to be submitted to the Community Resources Department at least 60 days prior to the event. Following a review to ensure the completeness of the application, the request will be included on an upcoming meeting of the Commission for its formal review and determination of grant award.

Fee waivers may be granted when the Commission determines that the event is of significant value to the community or to a significant portion of its residents. The organization producing the event must meet the following criteria:
1) An organization that is not delinquent on city permits or fees. 2) The organization and/or event can demonstrate:
a. A community benefit; or
b. A positive economic impact as a result of the event.

Applicants will be requested to demonstrate the following:
• A financial need or other economic justification to be considered for a Fee Waiver Grant; • A positive community benefit through the organization or its event by meeting at least two of the following criteria:
a. The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses;
b. The organization and/or event can demonstrate broad community support and sponsorship; c. The event appeals to a wide segment of community members; d. The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community;
e. The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
f. The organization/and or event addresses an unmet community need. • A positive economic impact as a result of the event by providing the following information:
522
14 a. If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and
b. Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach.

Additionally, applicants must be able to fully fund their event should they not receive a fee waiver grant and may not be dependent on the fee waiver grant to determine their ability to hold the event.

Events specifically prohibited from receiving a fee waiver grant include those events that:
• Promote, advocate or advance a political message or belief. • Projects or organizations who have unsatisfactorily fulfilled its obligations from previous fee waiver grants.

Approval
The five (5) member Commission is tasked with reviewing and determining the level of Special Event Fee Waiver Grant award at one of their regular meetings held on the first Tuesday of each month beginning at 7:00pm.

Consideration will include careful review of:
• Special Event Fee Waiver Grant Application.
• Community Benefit Form
• Economic Impact Report
• Successful fulfillment of previously awarded grant obligations.

The Commission’s decision to deny grant funding for specific events is appealable by the City Council. The City Council will not consider additional fee waiver considerations in addition to the maximum award amounts allowable through the Special Event Fee Waiver Grant program.

Obligations
Organization receiving grant funding through the Special Event Fee Waiver Grant program will be required to complete the following:
• A formal presentation to the Parks, Recreation and Community Resources Advisory Commission at one of its regular meetings no more than 60-days following the event. The presentation shall include discussion of:
o Number of attendees.
o Beneficiary of funds raised by the event (if applicable). o Overview of event budget and financial outlook.
o Overview of the community benefit and/or positive economic impact to the City of Hermosa Beach.

Disqualification
Failure to complete these requirements in accordance with this policy shall automatically disqualify the organization from submitting a future request to receive a Special Event Fee Waiver Grant for the remainder of the current calendar year plus one additional year.

If any information submitted as part of the Special Event Fee Waiver Grant is found to be fraudulent, event approvals already granted for the remainder of the calendar year will be automatically revoked. While the organization will be permitted to reapply for approval of event(s) in the following calendar year, it will no longer be eligible to apply for Special Event Fee Waiver Grants.

Long-term Agreements
The City of Hermosa Beach recognizes the value in hosting a variety of beloved community events that help create a balanced and enjoyable events calendar for its residents. To support and develop a long-term approach to the scheduling of events, eligible events can qualify for a long-term agreement (LTA) with the City.

Eligibility
In order for an organization to be eligible for consideration of a long-term agreement, the event(s) must meet at least three of the following:
523
15 □ The event(s) must qualify as an Impact Level II or III (per the Impact Worksheet), and at least one of the following:
o Have a combined estimated total of 5,000 people in attendance; or o The event must be at least two (2) consecutive days (including setup and teardown). □ Have held its event in Hermosa Beach for at least three consecutive years □ The event must be produced by an organization that serves, involves, and/or promotes Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; and □ The organization or event producer must be able to demonstrate how its programs (outside of those provided at the event) provide a positive impact to the City including enhancements to quality of life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational activities of interest to the community.
□ The event can demonstrate:
o A community benefit; or
o A positive economic impact as a result of the event.

Applicants will be requested to demonstrate a positive community benefit through the organization or its event by meeting at least two of the following criteria:
□ The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses;
□ The organization and/or event can demonstrate broad community support and sponsorship; □ The event appeals to a wide segment of community members; □ The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community;
□ The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
□ The organization/and or event addresses an unmet community need.

Applicants will be requested to demonstrate a positive economic impact as a result of the event by providing the following information:
• If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and
• Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach.

Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria, the City Council may at a regular Council meeting authorize such organization to apply for an LTA where its event provides a demonstrable or differentiated benefit to the community or a service that the City would otherwise be unable to provide.

Term Limits
LTA’s shall be for no less than two (2) years but shall not exceed a maximum of three (3) years unless otherwise determined by the City Council.

Procedures
The following steps are required to guide the development and implementation of an LTA:

1. Submittal of an LTA Application and corresponding letter to the Community Resources Department demonstrating how the organization meets the criteria.

2. Review and recommendation for City Council approval by the Parks, Recreation and Community Resources Advisory Commission.

3. Review and approval by the City Council to begin LTA negotiations with staff.

4. LTA negotiations and development.

5. Presentation of the final LTA to the City Council for approval. 524
16 Obligations
Organizations whose event(s) are approved through an LTA are required to provide a formal presentation to the Commission at one of its regular monthly meetings no more than 60-days prior AND 60-days following its event(s). The pre-event presentation shall include a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and its anticipated impact(s) to the community, etc. The post-event presentation shall include a general overview including the actual number of attendees; actual impact(s) to the community; and any event struggles and successes, et 525
526

TENTATIVE
2023 SPECIAL EVENTS

CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
[email protected]
527
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
17 18 19 20 21
SCVA Winter Series
North Volleyball Courts
22 23 24 25 26 27 28
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Sidewalk Sale
Hermosa Avenue, Pier Avenue &
Pier Plaza
Impact Level II
29 Sidewalk Sale
Hermosa Avenue, Pier
Avenue & Pier Plaza
Impact Level II
30 31
January 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
528
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
5 6 7 8 9 10 11
SCVA Winter Series
North Volleyball Courts
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
27 28
February 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
529
Sun Mon Tue Wed Thu Fri Sat
1 2
Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
3 Beach Tennis
Tournaments
Beach Tennis Courts
4 HBLL Opening Day
Clark Field
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
5 Beach Tennis
Tournaments
Beach Tennis Courts
6 RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
(PENDING APPROVAL)
7 8 9 10 11 St. Patrick’s Day
Parade
Downtown
Impact Level III
12 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
13 14 RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
(PENDING APPROVAL)
15 16 17 RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
(PENDING APPROVAL)
18 State of the Art
Cypress Ave. & 6th St.

SCVA Spring
Championships Tournament
North Volleyball Courts
19 20 21
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
(PENDING APPROVAL)
22 23
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
(PENDING APPROVAL)
24 Hearts of Hermosa
Community Center
(load-in)
Impact Level III
25 Hearts of Hermosa
Community Center
Impact Level III
SoCal Beach Foundation
North Volleyball Courts
26 Hearts of Hermosa
Community Center
(load-out)
Impact Level III
CBVA
North Volleyball Courts
27 28 29 30
)
31 March 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
530
Sun Mon Tue Wed Thu Fri Sat
1 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
2 3
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
(PENDING APPROVAL)
4 RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
(PENDING APPROVAL)
5 6
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
(PENDING APPROVAL)
7 8 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
You Are Enough 5K
Strand (North of Pier) &
Schumacher Plaza
(PENDING APPROVAL)
9 Easter Sunrise Mass
South of Pier
Hope Chapel
Sunrise Service
Pier Plaza
10 11 12 13 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
14 Beach Tennis
Tournaments
Beach Tennis Courts
15 Beach Tennis Tournaments
Beach Tennis Courts
CBVA
North Volleyball Courts
16 Beach Tennis
Tournaments
Beach Tennis Courts
17 18 19 20 21 Surfers Walk of Fame
Kick-off Party
Community Theatre
impact Level II
22 Surfer’s Walk of Fame
Spyder Surf Fest
Pier Plaza
Impact Level III
Waterman's South Bay
Surf Series Contest
South of Pier
23 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
24 25 26 27 28 29 Night at the Ballpark
Clark Field
Impact Level II
Dolphin Dash
Strand (North of Pier) &
Schumacher Plaza
30 April 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
531
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 Endless Summer
Classic Car Show
Schumacher Plaza &
Pier Plaza
Impact Level II
Pets in the Park
Valley Park
Impact Level II
7 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
8 9 10 11 12 13
SoCal Beach Foundation
North Volleyball Courts
14 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
15 16 17 18 19 20 Best Day Foundation
Beach Day
South of Pier
Impact Level II
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
21 Best Day Foundation
Beach Day
South of Pier
Impact Level II
CBVA
North Volleyball Courts
22 23 24 25 26 Fiesta Hermosa
Downtown
(Load-in)
Impact Level III
27 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
(PENDING APPROVAL)
28 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
(PENDING APPROVAL)
29 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
(PENDING APPROVAL)
30 31
May 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
532
Sun Mon Tue Wed Thu Fri Sat
1 2 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
3 Beach Tennis
Tournaments
Beach Tennis Courts
South Bay Paddle
South of Pier
4 Beach Tennis
Tournaments
Beach Tennis Courts
Hermosa Beach
Little League Closing Day
Clark Field
Impact Level II
5 6 7 8 9 Fine Arts Festival
Community Center Lawn
(Load-in)
Impact Level III
10 Fine Arts Festival
Community Center Lawn
Impact Level III
11 Fine Arts Festival
Community Center Lawn
Impact Level III
12 13 14 15 16 17
18 19 20 21 22 23 24
Nothing Weekend
25 Nothing Weekend
26 27 28 AVP
North & South
Volleyball Courts
(Load-in)
Impact Level III
29 AVP
North & South
Volleyball Courts
(Load-in)
Impact Level III
30 AVP
North & South
Volleyball Courts
(Load-in)
Impact Level III
June 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
533
Sun Mon Tue Wed Thu Fri Sat
1 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
Impact Level III
2 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
Impact Level III
3 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
Impact Level III
4 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
Impact Level III
5 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
6 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
7 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
8 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
9 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
10 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out)
Impact Level III
11 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out)
Impact Level III
12 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out)
Impact Level III
Shakespeare by the Sea
Valley Park
Impact Level I
13 JVA & BVCA
National Championships
North & South
Volleyball Courts
(Load-in)
Shakespeare by the Sea
Valley Park
Impact Level I
14 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
15 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
16 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
17 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
18 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
19 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
20 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
21 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
22 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
23 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
24 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
25 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
26 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out)
27 28 29
SmackFest
South Volleyball Courts
30 31
July 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
534
Sun Mon Tue Wed Thu Fri Sat
1 2 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
3 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
4 International
Surf Festival
North & South of Pier
Impact Level III
5 International
Surf Festival
North & South of Pier &
North Volleyball Courts (CBVA)
Impact Level III
Sidewalk Sale
Hermosa Avenue, Pier Avenue &
Pier Plaza
Impact Level III
6 International
Surf Festival
North & South of Pier
Impact Level III
Sidewalk Sale
Hermosa Avenue, Pier
Avenue & Pier Plaza
Impact Level III
7 International
Surf Festival
North & South of Pier
(Load-out)
Impact Level III
8 9 10 11 Triathlon
Downtown
(Load-in)
12 Triathlon
Downtown
(Load-in)
Glow Ride for Cystic Fibrosis
Strand (North of Pier)
(PENDING APPROVAL)
13 Triathlon
Downtown
CBVA
North Volleyball Courts
14 15 16 17 18 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
19 Beach Tennis
Tournaments
Beach Tennis Courts
20 Beach Tennis
Tournaments
Beach Tennis Courts
21 22 23 24 25 26
Nothing Weekend
27 Nothing Weekend
28 29 30 31
August 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
535
September 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2
CBVA
Volleyball Tournament
North Volleyball Courts
(PENDING APPROVAL)
3 CBVA
Volleyball Tournament
North Volleyball Courts
(PENDING APPROVAL)
4 5 6 7 8 Movies at the Beach
South of Pier
(Load-in)
Impact Level III
9 Best Day Foundation
Beach Day
South of Pier
Impact Level II
Movies at the Beach
South of Pier
Impact Level III
10 Best Day Foundation
Beach Day
South of Pier
Impact Level II
11 12 13 14 15 16 Coastal
Cleanup Day
Schumacher Plaza,
North and South of Pier
Impact Level I
Hermosa Harmony Festival
South of the Pier
17 18 19 20 21 22 Movies at the Beach
South of Pier
(Load-in)
Impact Level III
23 Movies at the Beach
South of Pier
Impact Level III
24 25 26 27 28 29 30 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Locale 90254
Hermosa Avenue, & Lot A
Impact Level III
536
Sun Mon Tue Wed Thu Fri Sat
1 Locale 90254
Hermosa Avenue, & Lot A
Impact Level III
2 3 4 5 6 7
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Walk for Alzheimer’s
Strand (North of Pier) &
Pier Plaza
8 9 10 11 12 13 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
Community Movie Night
Community Center
Impact Level I
14 Pumpkins in the Park
Edith Rodway Park
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
15 Beach Tennis
Tournaments
Beach Tennis Courts
16 17 18 19 20 21
Volley4Sound
North Volleyball Courts
22 23 24 25 26 27 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
28 Beach Tennis
Tournament
Beach Tennis Courts

29 Skechers Pier to Pier
Friendship Walk
Strand (North of Pier) &
Pier Plaza
Beach Tennis
Tournaments
Beach Tennis Courts
30 31
October 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
537
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
Sandy Sauté
North of the Pier
5 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
6 7 8 9 10 11 Veterans Day
Wreath Laying
Ceremony
Community Center
East Lawn
Impact Level II
12 13 14 15 16 17 Hermosa for the Holidays
Downtown
Impact Level III
Community Movie Night
Community Center
Impact Level I
18 Hermosa for the Holidays
Downtown
Impact Level III
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
19 Hermosa for the Holidays
Downtown
Impact Level III
20 21 22 23 24 25
26 27 28 29 30
November 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
538
Sun Mon Tue Wed Thu Fri Sat
1 2 Sand Snowman
Contest
North of Pier
Impact Level I
3 4 5 6 7 8 9 California Great
Santa Stroll
Strand (North of Pier) &
Pier Plaza
10 Community
Chanukah Celebration
Pier Plaza &
Greenwood Park
Impact Level II
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
27 28 29 30
31 December 2023
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
539
Off-Season Monthly Events
(Labor Day – Memorial Day) # of Special Event Days # of Days Available(out of 15) January 4 11
February 3 12
March 15 0
April 14 2
May (through May 28) 9 6
September (from September 5) 7 8
October 9 7
November 6 9
December 4 11
Peak Season (Memorial Day: May 29 2023– Labor Day: September 4, 2023) # of Special Event Days on the Beach/Strand/Pier Plaza Level I & II Event Days
(not on Level III Event Days)
& City Sponsored/Contracted
(not on Level III, II or I Event Days)
(Maximum of 25)
Level III Event Days
(Maximum of 45) Total # of Event Days
(out of 70 total)
7 41 48
Peak Season Event Limits:

To balance coastal access with events, events on the Beach, Strand and Pier Plaza will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer):
o Maximum of 45 days used by Level III Events
o Maximum of 25 days used by Level I and II Events, and City Sponsored/Contracted Events (on days not used by Level III Events) City Sponsored or City Contracted Events, and Long-term Agreement Events are categorized by their Impact Level 540
1 2023
City of Hermosa Beach
Special Event Permit Application Overview
Event Title: Glow Ride for Cystic Fibrosis
Impact Level: IIl
Proposed Event Date(s): Saturday, August 12
Applicant Name: Melissa Yeager
Organization Name: Claire’s Place Foundation
Non-Profit: NO/YES
Event Time: Load-in: 3:00-5:00pm Event: 5:00-9:00pm Load-out: 9:00-10:00pm Event Summary: A bike ride/walk/skate to raise funds and awareness for those living with cystic fibrosis. Participants are provided with glow sticks, glasses, and bracelets.

Returning Event: NO/YES
Event Location: The Strand north of Pier, and Schumacher Plaza (registration area) Estimated Number of Participants per Day: 250
Estimated Number of Spectators per Day: 300
Age of Participants: All ages
Participant Fee: $35
Parking: None
Amplified Sound: Yes, for live DJ, announcements and background music Generator(s): None
Fenced Area(s): None
Stage(s), Structure(s) or Tent(s): Yes (Pop-up tents)
Security: Volunteers will be present to direct the crowd and provide for event security Sponsor(s): Yes
Applicable Fees:

Application (Non-Profit) $616
Category IIl $3,235
Amplified Sound Permit $181
Co-Sponsor Fee TBD ($311 each)
*Additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Building Division, Community Resources Department, Public Works Department and the Los Angeles County Fire Department 541
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0097
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 28, 2023

ACTION MINUTES OF THE CIVIL SERVICE BOARD
MEETINGS OF DECEMBER 21, 2022 AND JANUARY 18, 2023
(Human Resources Manager Vanessa Godinez)
Recommended Action:

Staff recommends City Council receive and file the action minutes of the Civil Service Board meetings of December 21, 2022 and January 18, 2023.

Attachments:

1. Action Minutes of the December 21, 2022 Civil Service Board Meeting

2. Action Minutes of the January 18, 2023 Civil Service Board Meeting Respectfully Submitted by: Vanessa Godinez, Human Resources Manager Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 1 of 1 Printed on 2/24/2023
powered by Legistar™542
City of Hermosa Beach
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Regular Meeting Minutes
Wednesday, December 21, 2022
5:00 PM
Virtual meetings are held pursuant to AB361.

State and local officials recommend measures to promote social distancing.

Civil Service Board
Chairperson
Douglas Collins
Board Members
Lynda Castro
Robert Wolfe
Vanessa Zimmer
Kate Jones
Human Resources Manager
Vanessa Godinez
543

MINUTES OF THE REGULAR MEETING OF THE CIVIL SERVICE BOARD HELD ON DECEMBER 21, 2022

1. CALL TO ORDER
The City of Hermosa Beach Civil Service Board Regular Meeting met via a hybrid meeting held on Wednesday, December 21, 2022, pursuant to Executive Order AB 361 issued by Governor Gavin Newsom on September 16, 2021. The meeting was called to order by Chairperson Collins at 5:07 p.m.

2. ROLL CALL

Present: Chairperson Collins, Commissioners Castro, Wolfe, Jones, and Castro Excused: Chairperson Zimmer
Staff Present: Vanessa Godinez, Human Resources Manager and Mei Shih, Human Resources Analyst

3. PUBLIC COMMENT
No public comment to report.

4. RECESS TO CLOSED SESSION
The Civil Service Board recessed to Closed Session at 5:10pm.

5. RETURN TO OPEN SESSION
The Civil Service Board recessed to Open Session at 5:46pm.

6. REQUEST TO APPROVE MINUTES FOR THE REGULAR MEETING OF OCTOBER 19, 2022 A motion was made by Commissioner Castro, seconded by Commissioner Wolfe, to approve the meeting minutes of October 19, 2022.

AYES: Chairperson Collins, Commissioner Wolfe, Commissioner Jones, and Commissioner Castro
NOES: None
ABSENT: Commissioner Zimmer

7. REQUEST TO APPROVE MINUTES FOR THE REGULAR MEETING OF NOVEMBER 16, 2022
A motion was made by Commissioner Jones, seconded by Commissioner Wolfe, to approve the meeting minutes of November 16, 2022.

AYES: Chairperson Collins, Commissioner Wolfe, Commissioner Jones, and Commissioner Castro
544
NOES: None
ABSENT: Commissioner Zimmer

8. REQUEST TO APPROVE ADJOURNMENT OF THE MEETING
A motion was made by Commissioner Wolfe, seconded by Commissioner Castro, to adjourn the December 21, 2022 meeting at 5:48pm.

AYES: Chairperson Collins, Commissioner Wolfe, Commissioner Jones, and Commissioner Castro
NOES: None
ABSENT: Commissioner Zimmer
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City of Hermosa Beach
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Regular Meeting Minutes
Wednesday, January 18, 2023
5:00 PM
Virtual meetings are held pursuant to AB361.

State and local officials recommend measures to promote social distancing.

Civil Service Board
Chairperson
Douglas Collins
Board Members
Lynda Castro
Robert Wolfe
Vanessa Zimmer
Kate Jones
Human Resources Manager
Vanessa Godinez
546

MINUTES OF THE REGULAR MEETING OF THE CIVIL SERVICE BOARD HELD ON JANUARY 18, 2023

1. CALL TO ORDER
The City of Hermosa Beach Civil Service Board Regular Meeting met via a hybrid meeting held on Wednesday, January 18, 2023, pursuant to Executive Order AB 361 issued by Governor Gavin Newsom on September 16, 2021. The meeting was called to order by Chairperson Collins at 5:02 p.m.

2. ROLL CALL

Present: Chairperson Collins, Commissioners Castro, Wolfe, and Zimmer Excused: Commissioner Jones
Staff Present: Vanessa Godinez, Human Resources Manager and Mei Shih, Human Resources Analyst

3. PUBLIC COMMENT
No public comment to report.

4. RECESS TO CLOSED SESSION
The Civil Service Board recessed to Closed Session at 5:04pm.

5. RETURN TO OPEN SESSION
The Civil Service Board recessed to Open Session at 5:26pm.

6. REQUEST TO APPROVE MINUTES FOR THE REGULAR MEETING OF DECEMBER 21, 2022
A motion was made by Commissioner Castro, seconded by Commissioner Wolfe, to approve the meeting minutes of December 21, 2022.

AYES: Chairperson Collins, Commissioner Wolfe, and Commissioner Castro NOES: None
ABSTAIN: Commissioner Zimmer
ABSENT: Commissioner Jones

7. REQUEST TO APPROVE ADJOURNMENT OF THE MEETING
A motion was made by Commissioner Zimmer, seconded by Commissioner Castro, to adjourn the January 18, 2023 meeting at 5:28pm.

AYES: Chairperson Collins, Commissioner Wolfe, Commissioner Zimmer, and Commissioner Castro
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NOES: None
ABSENT: Commissioner Jones
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0098
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 28, 2023

RECOMMENDATION TO REJECT CLAIMS
(Human Resources Manager Vanessa Godinez)
Recommended Action:

Staff recommends City Council reject the following claims and refer them to the City’s Liability Claims Administrator:

Claimant: Jaime Ramirez
Date Filed: January 17, 2023
Allegation: The claimant is seeking payment of back wages, statutory penalties, damages, future wages and/or benefits.

Claimant: Ilia Serpik
Date of Loss:May 20, 2022
Date Filed: November 3, 2022
Allegation: Claimant alleges that they sustained injuries as a result of going down the concrete slide at South Park.

Attachments:

1. Claim Report for Jaime Ramirez

2. Claim Report for Ilia Serpik
Respectfully Submitted: Vanessa Godinez, Human Resources Manager Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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COREY W. GLAVE (State Bar No. 164746)
Attorney at Law
632 S. Gertruda Ave
Redondo Beach, CA 90277
Phone: (323) 547-0472
E-mail: [email protected]
Attorney for Claimant

CLAIM AGAINST PUBLIC ENTITY

BEFORE THE CITY OF HERMOSA BEACH
In the Matter of

JAIME RAMIREZ
Claimant
vs.

CITY OF HERMOSA BEACH, a
Municipal Corporation; HERMOSA
BEACH POLICE DEPARTMENT, a
public safety department; PAUL
LEBARON; and DOES
1 through 10, inclusive
________________________________
)
)
)
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)
)
)
)
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)

NOTICE OF CLAIM
[Govt Code Sect. 910, 910.4]

1. The names and address of claimant is Jaime Ramirez, in care of Corey W. Glave, Attorney at Law, 632 S. Gertruda Ave., Redondo Beach, CA 90277 (323) 547-0472.

2. Claimant hereby requests that any notices regarding his/her/its claim be sent to the address give in paragraph 1.

3. This Tort Claim is being made for payment of statutory penalties, damages, back wages, future wages and/or benefits for claimants under claims on a continuing violation of state statutory law, Federal Civil Rights and Constitutional law, the Meyers-Milias-Brown Act and/or the Public Safety Officers Procedural Bill of Rights Act. While it is not believed that a Tort Claim is required, and that claimant have provided the respondents with prior notice, via a verbal and written complaints, claimant

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hereby submits the following claim out of an abundance of caution.

4. The persons, employees, agents, or individuals causing claimants injuries are as follows: CITY OF HERMOSA BEACH, a Municipal Corporation; HERMOSA BEACH POLICE DEPARTMENT, a public safety department; PAUL LEBARON, Chief of Police; and DOES 1 through 10, inclusive. All such parties are hereinafter referred to as "Respondents" or “Defendants.”

5. Claimant, also referred to as Plaintiff, at all times mentioned, unless otherwise stated, herein was an individual employed as a Police Sergeant with the City of Hermosa Beach until the time of his retirement.

6. The following are some of the general facts giving rise to this Tort Claim:

7. In the course and scope of his employment as a Police Officer and/or Police Sergeant with the City of Hermosa Beach/Hermosa Beach Police Department, Claimant served as the President and/or Board of Director for the Hermosa Beach Police Officers Association. Respondents thereafter started a pattern and practice of retaliating against Claimant for asserting his legal rights and the rights of the Hermosa Beach Police Officers Association and its membership.

Claimant filed a grievance regarding certain employment practices, wherein the Arbitrator found that the City of Hermosa Beach omitted certain premium pays from Claimant’s salary. Even though Respondents never challenged the arbitrator’s decision, they failed and/or refused to included the order compensation in Claimant’s pay or pension benefits. It is believed that Respondents’ actions are without just cause and are in retaliation for Claimant filing the grievance.

After his retirement in October 2022, and within the period to file this claim, Claimant sought to be compensated for certain accrued leave time, including at a rate reflected in an MOU that was ratified by the Hermosa Beach POA in August 2022. This request was denied, without just cause, by Respondents. Claimant requested public records relating to cash outs, but as is standard operating practice, the City failed to produce the records. Claimant, upon certain workers compensation claims being

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accepted by the City, requested that his leave bank be reimbursed for the time and that he be allowed to cash out the time; this request was not granted. Similarly, Claimant requested a retirement id card with a Concealed Weapon Carrying permit/certificate from the HBPD/Lebaron. Even though Claimant retired honorably, Respondents denied the CCW permit/certification without just cause and have refused to provide Claimant a hearing required by state law. Lebaron informed Claimant that because Lebaron believed that Claimant was represented by counsel, he would not speak to and/or respond to Claimant.

8. As a direct result of Respondents' behavior, Claimant has and will continue to incurred harm, damages and attorney's fees in an effort to redress the damages which he/she/it has sustained as a result of said Defendants' outrageous behavior.

9. Respondents failed to comply with California state law, and have retaliated against Claimant because of his long history of serving as an elected member of the HBPOA’s Board of Directors.

10. Claimant is entitled to and hereby demands damages, costs, attorney fees, and expenses pursuant to state and federal statutes.

11. Claimant's individual and/or aggregate damages and/or statutory penalties, if Respondents do not correct their unlawful actions are in excess of $25,000, excluding attorney fees, thus, requiring either federal court or state superior court jurisdiction.

12. Said damages are ongoing on a day to day basis and Claimant continues to be damaged due to the adverse, illegal, and unconstitutional treatment at the hands of respondents. Claimant asserts that the actions described above constitute a continuing violations and are going in different forms but for the same unlawful purposes.

Dated: January 10, 2023 COREY W. GLAVE, ATTORNEY AT LAW

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/s/ Corey W. Glave
By:_________________________________
Corey W. Glave
Attorney for Claimant

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PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of 18 years, and not a party to this action. My business address is 632 S. Gertruda Ave, Redondo Beach, CA 90277.

On January 10, 2023, I served the foregoing document described as Tort Claim
by placing a true and correct copy of this document in a sealed envelope, and mailing via First Class Mail it to the person and/or his office listed below:

Office of the City Clerk
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
[email protected]
I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

Said document was also filed by e-mail this same date.

Executed on January 10, 2023, at Hermosa Beach, California.

I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
/s/ Corey W. Glave
______________________________
COREY W. GLAVE

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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0108
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 28, 2023

APPROVAL OF A REQUEST TO REVISE THE CLASS

SPECIFICATION FOR BUILDING AND PLANNING

TECHNICIAN AND TO AFFIRM THE BARGAINING UNIT
AS TEAMSTERS UNION LOCAL 911
(Human Resources Manager Vanessa Godinez)
Recommended Action:

Staff recommends City Council:

1. Approve the revised class specification for the position of Building and Planning Technician (Attachment 1); and

2. Affirm the bargaining unit for this classification as Teamsters Union Local 911.

Executive Summary:

The current class specification for the position of Building and Planning Technician does not entail all the essential duties and qualifications required for this role. The class specification was revised to align the duties and qualifications with the current needs of the Community Development Department.

Background:

The Building and Planning Technician performs clerical and administrative functions related to the processing and issuance of ministerial and discretionary applications and permits. The position is responsible for building permit reviews, processing applications, issuing permits, and providing customer service at the public counter. At its February 15, 2023 meeting, the Hermosa Beach Civil Service Board approved the proposed revised class specification (Attachment 1).

Past Board, Commission and Council Actions
Meeting Date Description
February 15, 2023 Civil Service Board approved revised class specification for Building and Planning Technician.

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Staff Report
REPORT 23-0108
Discussion:

Proposed revisions to the class specification for the Building and Planning Technician position include clarification of responsibility for process improvements, performance of permit processing, use of the electronic permitting system, and technician-level duties and responsibilities.

The revisions also include the addition of a Permit Technician Certificate from the International Code Conference (ICC) within one year of appointment to the position. The twelve-month period would allow time for any new hire, who may not already have the certification, to complete the necessary course work. ICC Certification is a standard requirement for professional building permit technicians and ensures essential training in the areas of code administration and history, legal aspects of the building industry, plan review, inspection process, occupancy and construction types, and customer service.

To finalize these recommended changes, staff requests City Council approval of the revised class specification and affirmation that the bargaining unit for this position would remain the Teamsters Union Local 911. A final draft of the proposed Building and Planning Technician class specification is included as Attachment 2.

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 1. A high degree of transparency and integrity in the decision-making process.

Policy:
· 1.2: Strategic planning. Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs.

Fiscal Impact:

There is no direct fiscal impact related to approval of the revised Building and Planning Technician class specification.

Under the Mid-Year Budget item in the current City Council Agenda, staff requests the reclassification of one Office Assistant position in the Community Development Department to a Building and Planning Technician. If the reclassification is approved, the revised class specification would be used for recruitment purposes.

Attachments:

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Staff Report
REPORT 23-0108

1. Building and Planning Technician - Redlined Class Specification

2. Building and Planning Technician - Final Draft Class Specification

3. Link to the February 15, 2023 Civil Service Board Meeting Agenda Respectfully Submitted by: Vanessa Godinez, Human Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
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CITY OF HERMOSA BEACH
Class Specification

BUILDING AND PLANNING TECHNICIAN

DEFINITION
Under general supervision, to perform varied clerical and administrative functions relating to the processing and issuance of ministerial and discretionary applications and permitsbuilding permit applications and zone checks; to perform building permit reviews at the public counter; to answer inquires related to building and planning functions and processes; to review and process applications, issue permits, and calculate and collect fees; and to perform a variety of professional and technical tasks relative to assigned area of responsibility.

EXAMPLES OF DUTIES, RESPONSIBILITIES, AND EXPECTATIONS
This position is accountable as a team member of the Community Development Department team to performrovide administrative support, perform specialized analytical duties, and serve as the primary responsible party for the processing and issuance of permits. technician duties in the Community Development. This class is distinguished from other office support and administrative staff classes by the specialized responsibilities inherent to ministerial and discretionary permitting, construction, and zoning land use-related functions. Those holding this position are expected to: including, but not limited to:
 Perform technician-level duties including but not limited to reviewing maps, site plans, architectural drawings, and structural calculations submitted in connection with permit applications to assure completeness and conformance with the department's submittal requirements;
Assists in the processing of building permit applications including reviewing permit applications to ensure accuracy and completeness.;
 Provide assistance in plan review and approval of minor residential additional and/or alteration work and rRreviews project plan submittals for completeness;.;  Pprovides effective customer service at the public counter to property owners, private contractors, builders, utility companies and others regarding items such as plan check correction lists, conditions of approval and procedures for appealing or requesting exemptions, variances, or waiversrelated to building and planning functions;.;  Rresponds to public inquiries in person, over the phone, and/or by email;.;  Pprovides general zoning, building, and development related code information to permit applicants and the general public;.;
 Accurately Ccalculates fees and iissues permits for work to be performed;.;  Ccoordinates plan distribution, processing, and permit issuance within and outside the department;.; calculates fees;
560
 Pprepares checklist related to plans for issuance and coordinates with contractors, property owners, and project representatives on providing outstanding items and fees;.
 ;M maintains and updates computer data base for building and development permits and computer tracking of project case work;.;
 Ensure proper and full use of the electronic permitting system by entering complete and accurate data to facilitate effective workload tracking and performance reporting;  Pprepares and processeprocesss residential building reports and coordinates site inspections with the Building Official and building inspection staff;.  ;R receives planning applications and assists with the preparation of agenda packets for Planning Commission meetings;.;
 P prepares transmittals for plan check consultants and coordinates plan check resubmittals;.;  Ffiles, maintains, and updates department related records, logs, and files;.;  Pprepares purchase orders and orders office supplies and related items as necessary;.  ; Evaluates and recommends modifications in procedures and practices to improve the administration of mandated programs;.
 Compiles monthly, quarterly, and annual reports of Ddepartment's permit processing activities;.
 Compiles responsive information for public records requests;.  Designs and maintains an up-to-date public information handouts, applications, and Frequently Asked Questions;.
 Provides critical thinking towards thorough and professional recommendations and completed staff work;.
 Delivers outstanding internal and external customer service;.  Communicates effectively orally and in writing with the public and fellow employees;.
 Solves problems and supports the City's mission, policies, goals and objectives;  Establishes and maintains effective working relationships and works cooperatively with co-workers, and other members of the supervisory/management team, City staff, other agencies, and the community;.
 Provides initiative in achieving positive and timely results for the organization;.  Exercises tact, self-restraint and good judgment;.
 Takes initiative to achieve positive, timely results for the organization with diplomatic skills and ethical conduct;.
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 Conducts duties, responsibilities, tasks and assignments with a constructive, cooperative, positive, and professional attitude and demeanor;  Aassists other office staff in answering all the department telephone lines and performing miscellaneous clerical work as necessary.; and  Perform other duties as assigned.

QUALIFICATION GUIDELINES
Knowledge, Skills & Abilities:

Knowledge of: office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases;; principles and procedures of record keeping and filing; methods and techniques of proper phone etiquette; customer service techniques, practices, and principles; English usage, spelling, grammar, and punctuation; basic mathematical principles; business letter writing and basic report preparation.

Ability to: read building plans and interpret zoning and planning codes and regulations with respect to submittals for building and development permits; maintain precise records; effectively communicate both orally and in writing and prepare written reports in a format that can be understood by a layperson; review documents for accuracy and completeness; operate office equipment including computers and supporting word processing and spreadsheet applications; work independently in the absence of supervision; work and deal courteously and effectively with the general public as well as co-workers; utilize and maintain data in the department computerized permit system.

The position requires knowledge of practices, techniques and methods to accomplish the City's goals and objectives by combining the appropriate people, resources, process and time to achieve results.

The position requires computer literacy and working knowledge of Microsoft Office, the ability to communicate using email programs, and an understanding and adherence to City policies for information technology.

The position's expected competencies are sound decision making skills, critical thinking ability, problem-solving and innovation skills, drive for results, analytic skills, interpersonal, customer service and diplomatic skills, ethical conduct and proven top performances.

Education and Experience: Any combination of training and experience which would provide the required knowledge and abilities is qualifying. A typical way to obtain this required knowledge would be:

Educational achievement equivalent to graduation from high school and one year of experience involving public contact work. Additional technical training or experience working with construction plans, building codes or related administrative or clerical work is highly desirable.
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Licenses/Certificates: Possession of a valid Class C California Driver’s License with a safe driving record is required and must be maintained as valid during the course of employment.

Permit Technician Certificate from the International Code Conference (ICC) is required within one year of appointment to the position.

PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.

Environment: Work is performed primarily in a standard office environment.

Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information.

Vision: See in the normal visual range with or without correction.

Hearing: Hear in the normal audio range with or without correction.

Approved by the Civil Service Board: March 1, 2006
Approved by the City Council: March 14, 2006
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CITY OF HERMOSA BEACH
Class Specification

BUILDING AND PLANNING TECHNICIAN

DEFINITION
Under general supervision, to perform varied clerical and administrative functions relating to the processing and issuance of ministerial and discretionary applications and permits; to perform building permit reviews at the public counter; to answer inquires related to building and planning functions and processes; to review and process applications, issue permits, and calculate and collect fees; and to perform a variety of professional and technical tasks relative to assigned area of responsibility.

EXAMPLES OF DUTIES, RESPONSIBILITIES, AND EXPECTATIONS
This position is accountable as a member of the Community Development Department team to provide administrative support, perform specialized analytical duties, and serve as the primary responsible party for the processing and issuance of permits. This class is distinguished from other office support and administrative staff classes by the specialized responsibilities inherent to ministerial and discretionary permitting, construction, and zoning land use-related functions. Those holding this position are expected to:
• Perform technician-level duties including but not limited to reviewing maps, site plans, architectural drawings, and structural calculations submitted in connection with permit applications to assure completeness and conformance with the department's submittal requirements;
• Provide assistance in plan review and approval of minor residential additional and/or alteration work and review project plan submittals for completeness; • Provide effective customer service at the public counter to property owners, private contractors, builders, utility companies and others regarding items such as plan check correction lists, conditions of approval and procedures for appealing or requesting exemptions, variances, or waivers;
• Respond to public inquiries in person, over the phone, and/or by email; • Provide general zoning, building, and development related code information to permit applicants and the general public;
• Accurately calculate fees and issue permits for work to be performed; • Coordinate plan distribution, processing, and permit issuance within and outside the department;
• Prepare checklist related to plans for issuance and coordinates with contractors, property owners, and project representatives on providing outstanding items and fees; • Maintain and update computer database for building and development permits and computer tracking of project case work;
• Ensure proper and full use of the electronic permitting system by entering complete and accurate data to facilitate effective workload tracking and performance reporting; 564
• Prepare and process residential building reports and coordinate site inspections with the Building Official and building inspection staff;
• Receive planning applications and assist with the preparation of agenda packets for Planning Commission meetings;
• Prepare transmittals for plan check consultants and coordinate plan check resubmittals; • File, maintain, and update department records, logs, and files; • Prepare purchase orders and order office supplies and related items as necessary; • Evaluate and recommend modifications in procedures and practices to improve the administration of mandated programs;
• Compile monthly, quarterly, and annual reports of department's permit processing activities;
• Compile responsive information for public records requests; • Design and maintain an up-to-date public information handouts, applications, and Frequently Asked Questions;
• Provide critical thinking towards thorough and professional recommendations and completed staff work;
• Deliver outstanding internal and external customer service; • Communicate effectively orally and in writing with the public and fellow employees; • Solve problems and supports the City's mission, policies, goals and objectives; • Establish and maintain effective working relationships and work cooperatively with co-workers, and other members of the supervisory/management team, City staff, other agencies, and the community;
• Provide initiative in achieving positive and timely results for the organization; • Exercise tact, self-restraint and good judgment;
• Take initiative to achieve positive, timely results for the organization with diplomatic skills and ethical conduct;
• Conduct duties, responsibilities, tasks and assignments with a constructive, cooperative, positive, and professional attitude and demeanor; • Assist other office staff in answering all department telephone lines and performing miscellaneous clerical work as necessary; and
• Perform other duties as assigned.

QUALIFICATION GUIDELINES
Knowledge, Skills & Abilities:
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Knowledge of: office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases; principles and procedures of record keeping and filing; methods and techniques of proper phone etiquette; customer service techniques, practices, and principles; English usage, spelling, grammar, and punctuation; basic mathematical principles; business letter writing and basic report preparation.

Ability to: read building plans and interpret zoning and planning codes and regulations with respect to submittals for building and development permits; maintain precise records; effectively communicate both orally and in writing and prepare written reports in a format that can be understood by a layperson; review documents for accuracy and completeness; operate office equipment including computers and supporting word processing and spreadsheet applications; work independently in the absence of supervision; work and deal courteously and effectively with the general public as well as co-workers; utilize and maintain data in the department computerized permit system.

The position requires knowledge of practices, techniques and methods to accomplish the City's goals and objectives by combining the appropriate people, resources, process and time to achieve results.

The position requires computer literacy and working knowledge of Microsoft Office, the ability to communicate using email programs, and an understanding and adherence to City policies for information technology.

The position's expected competencies are sound decision-making skills, critical thinking ability, problem-solving and innovation skills, drive for results, analytic skills, interpersonal, customer service and diplomatic skills, ethical conduct and proven top performances.

Education and Experience: Any combination of training and experience which would provide the required knowledge and abilities is qualifying. A typical way to obtain this required knowledge would be:

Educational achievement equivalent to graduation from high school and one year of experience involving public contact work. Additional technical training or experience working with construction plans, building codes or related administrative or clerical work is highly desirable.

Licenses/Certificates: Possession of a valid Class C California Driver’s License with a safe driving record is required and must be maintained as valid during the course of employment.

Permit Technician Certificate from the International Code Conference (ICC) is required within one year of appointment to the position.

PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. 566
Environment: Work is performed primarily in a standard office environment.

Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information.

Vision: See in the normal visual range with or without correction.

Hearing: Hear in the normal audio range with or without correction.

Approved by the Civil Service Board: March 1, 2006
Amended by the Civil Service Board: February 15, 2023
Approved by the City Council: March 14, 2006
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0061
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 28, 2023

LOS ANGELES COUNTY FIRE AND AMBULANCE
MONTHLY REPORT FOR DECEMBER 2022
(Deputy City Manager Angela Crespi)
Recommended Action:

Staff recommends City Council receive and file the December 2022 Fire and Ambulance monthly report.

Executive Summary:

City departments generate monthly reports to provide a snapshot of activities performed each month.

Prior to the transition of fire and ambulance transport services to the County of Los Angeles, the Hermosa Beach Fire Department developed monthly response reports. After the transition, the monthly report was updated to include Los Angeles County Fire Department (LACoFD) and McCormick Ambulance information and continues to be uploaded to the website. The following report provides details regarding services provided for the month of December 2022.

Background:

At the February 11, 2020 Council meeting, City Council requested monthly reports be placed onto the City Council agenda under consent calendar. On the July 14, 2020 City Council agenda, the monthly reports began to appear. The enclosed report reflects the services for December 2022.

Past Board, Commission and Council Actions
Meeting Date Description
February 11, 2020
(Regular Meeting)
City Council requested monthly reports be placed onto the City Council agenda under consent calendar.

July 14, 2020 (Regular
Meeting)
Monthly reports began on City Council consent agenda.

Discussion:

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The December 2022 monthly report provides an overview of services provided by LACoFD and McCormick Ambulance (Attachment 1: December 2022 LACoFD and McCormick Ambulance Monthly Report).

Los Angeles County Fire Department (LACoFD)
LACoFD and McCormick Ambulance work together to provide emergency medical services (EMS) to the Hermosa Beach community. LACoFD has two apparatus stationed at Station 100 including: one assessment engine (Engine 100) staffed with a Fire Captain, a Fire Engineer, and a Firefighter Paramedic; and a paramedic squad (Squad 100) staffed with two Firefighter Paramedics. The paramedic squad (Squad 100) only responds to calls for service exclusively within the City of Hermosa Beach. It does not provide mutual aid, thereby remaining available for calls within Hermosa Beach.

Each LACoFD apparatus has the capability to provide basic emergency medical care known as Basic Life Support (BLS) to medical patients. In addition, the paramedic squad has advanced equipment, including medications, and responds from within the City to address Advanced Life Support (ALS) calls, such as a stroke or heart attack.

McCormick Ambulance is one of the emergency medical transport companies within Los Angeles County. LACoFD does not conduct patient transport; therefore, unincorporated areas are included in the fire department transport contracts with various providers. Contract cities are responsible for negotiating and contracting with a medical transport provider for their community. Within the South Bay, many of the cities have contracted with McCormick Ambulance to conduct emergency medical transportation including the City of Hermosa Beach.

When LACoFD is dispatched, McCormick Ambulance may also be dispatched as the City’s emergency medical transportation provider. LACoFD provides life-saving medical care on scene and continues ALS level care as the patient is transported to a local hospital. In the case of a BLS level call, monitoring and care are safely provided by one of the two Emergency Medical Technicians (EMTs) assigned to the responding ambulance.

LACoFD follows industry standards developed by the National Fire Protection Association (NFPA), which outlines call transfer times and total response times. The NFPA standard for call transfer time is that each call will be answered within 60 seconds 90 percent of the time. Additionally, responding units are to be enroute within 60 seconds to EMS related calls and 80 seconds for structure fire calls.

NFPA further stipulates that for EMS calls, responding units must arrive on scene within 8 minutes and 59 seconds 90 percent of the time.

The December 2022 call transfer report provided by LACoFD indicates that there was a total of five calls with a transfer time longer than the NFPA standard. The calls were received during periods of City of Hermosa Beach Page 2 of 5 Printed on 2/24/2023
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Staff Report
REPORT 23-0061
calls with a transfer time longer than the NFPA standard. The calls were received during periods of increased call volume in the dispatch center. Staff is working with LACoFD to incorporate the South Bay Regional Public Communications Authority (RCC) call transfer time data, currently provided semi -annually, into the monthly reports. The RCC call transfer data provides information regarding each call for service from the time that the call first comes into the 9-1-1 system to the time that it is transferred to LACoFD.

Table 1 below provides the response details for the five incidents in Hermosa Beach.

Table 1: NFPA Standard Exceedance-Response Details
Date Call Type Call
Transfer
Time
Length of
Transfer
LACoFD
Dispatch
Time
On Scene
Time
Length of
Arrival
Total Response
Time
December 3 Injury-ALS 16:07 97
seconds
16:08 16:11 3 minutes 4 minutes 37
seconds
December 4 Sick - ALS 9:33 82
seconds
9:34 9:39 5 minutes 6 minutes 22
seconds
December 25 Fire 13:22 94
seconds
13:24 13:32 8 minutes 9 minutes 34
seconds
December 25 Sick- ALS 13:59 94
seconds
14:00 14:03 3 minutes 4 minutes 34
seconds
December 29 Sick- ALS 00:01 94
seconds
00:02 00:06 4 minutes 5 minutes 34
seconds
Table definitions
· Call Transfer Time: The exact time when the call was transferred from South Bay Regional Public Communications Authority also known as Regional Communications Center (RCC). · Length of Transfer: The length of time that it took from LACoFD dispatch center to answer the call from RCC.
· LACoFD Dispatch Time: The time in which appropriate fire apparatus were dispatched to the incident.
· On Scene Time: The time in which the dispatched units arrived at the incident location. · Length of Arrival: The time between when the unit was dispatched and arrived on scene. · Total Response Time: The total combined time between the call transfer time and the length of time arriving units on scene.

McCormick Ambulance
McCormick Ambulances are staffed by two EMT’s who can provide and transport BLS patients City of Hermosa Beach Page 3 of 5 Printed on 2/24/2023
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REPORT 23-0061
McCormick Ambulances are staffed by two EMT’s who can provide and transport BLS patients independently and, with the support of LACoFD paramedics riding in the ambulance, can also transport ALS patients.

In December 2022, McCormick Ambulance responded to 58 calls for services within the City of Hermosa Beach. The December 2022 report indicated that 17 calls resulted in delayed Code 3 responses. A Code 3 response is one where the responding emergency units are driving with lights and sirens to a presumed life-threatening emergency, which is typically classified as an ALS call.

According to the McCormick Ambulance contract, “response time must not exceed eight (8) minutes, fifty-nine (59) seconds” for a Code 3 incident. Of the 17 delayed Code 3 calls, the average response time was eleven (11) minutes, nineteen (19) seconds with the longest single response time at eighteen (18) minutes, twenty-seven (27) seconds.

There were six delayed Code 2 responses in December 2022. A Code 2 response is one where the responding emergency units are driving with lights and sirens to an emergency classified as a basic life support or BLS call. According to the McCormick Ambulance contract, “response time must not exceed fifteen (15) minutes, zero (0) seconds” for a Code 2 incident. Of the six delayed Code 2 calls, the average response time was sixteen (16) minutes, thirty-nine (39) seconds with the longest response time at eighteen (18) minutes, fifty-eight (58) seconds.

Staff reviewed the December 2022 McCormick Ambulance monthly report. The following outlines the reasons for the delayed responses:
· Multiple Calls: (17) The dispatch center received multiple calls at the same time; · Distance: (5) Based on the location the ambulance begins the response to the City, it could impact the response time. The City contract does not have a unit permanently stationed within Hermosa Beach; therefore, the responding ambulance often begins the response outside of the City; and
· Crew Error: (0) The crew responded to the wrong address. · APOT: (1) Ambulance Patient Offload Time happens when there are three or more ambulances at a hospital waiting at least 30 minutes to transfer care of the patient from the ambulance crew to the hospital for continuation of care.

McCormick Ambulance demonstrates a continuous effort to detect and correct service level performance deficiencies by identifying the reason for delayed response times, issuing personnel performance notices when mandatory response requirements are not met and releasing personnel upon continued performance issues. McCormick Ambulance also provides training and continuing education to staff to improve skills and service delivery.

Although the emergency medical transport units arrived on scene within the allowable timeframe for City of Hermosa Beach Page 4 of 5 Printed on 2/24/2023
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Staff Report
REPORT 23-0061
Although the emergency medical transport units arrived on scene within the allowable timeframe for 35 calls in December 2022, patients were provided timely life-saving emergency medical care on scene by Los Angeles County Fire Department paramedics. When LACoFD arrives on scene, it takes paramedics 5 to 10 minutes to conduct the required treatment protocols prior to commencing transport with McCormick Ambulance. During the patient treatment phase, the requested ambulance is typically on scene waiting for the paramedics to complete their treatment protocols even if the ambulance response is delayed. Los Angeles County Fire Department and McCormick Ambulance are committed to providing excellent emergency medical care, customer service, and response to the residents and visitors of Hermosa Beach.

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:

Safety Element
Goal 5. High quality police and fire protection services provided to residents and visitors.

Policy:
· 5.2 High level of response. Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community.

Fiscal Impact:

Fire and ambulance services are contracted and accounted for during the annual budget process.

Attachments:

1. Fire and Ambulance Monthly Report-December 2022
Respectfully Submitted by: Sara Russo, Senior Management Analyst Concur: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 5 of 5 Printed on 2/24/2023
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E100 S100 Total
FIRE, EXPLOSION
100 ‐ Fire, other 1                1                    0.56% 154 ‐ Dumpster or other outside trash receptacle fire 2                2                    1.12% FIRE, EXPLOSION Total 3                ‐             3                    1.68% RESCUE, EMS
300 ‐ Rescue, emergency medical call (EMS) call, other 10              7                17                  9.50% 311 ‐ Medical assist, assist EMS crew 5                5                10                  5.59% 321 ‐ EMS call, excluding vehicle accident with injury 43              41              84                  46.93% 322 ‐ Vehicle accident with injuries 2                2                4                    2.23% 353 ‐ Removal of victim(s) from stalled elevator 1                1                    0.56% RESCUE, EMS Total 61              55              116                64.80% HAZARDOUS CONDITION
412 ‐ Gas leak (natural gas or LPG) 1                1                    0.56% 424 ‐ Carbon monoxide incident 2                2                    1.12% HAZARDOUS CONDITION Total 3                ‐             3                    1.68% SERVICE CALL
500 ‐ Service Call, other 2                2                    1.12% 550 ‐ Public service assistance, other 1                1                    0.56% SERVICE CALL Total 3                ‐             3                    1.68% GOOD INTENT CALL
600 ‐ Good intent call, other 7                1                8                    4.47% 611 ‐ Dispatched & cancelled enroute 18              5                23                  12.85% GOOD INTENT CALL Total 25              6                31                  17.32% FALSE ALARM, FALSE CALL
700 ‐ False alarm or false call, other 6                6                    3.35% 743 ‐ Smoke detector activation, no fire ‐ unintentiona 1                1                    0.56% 744 ‐ Detector activation, no fire ‐ unintentional 1                1                    0.56% FALSE ALARM, FALSE CALL Total 8                ‐             8                    4.47% SPECIAL OR OTHER INCIDENT TYPE
900 ‐ Special type of incident, other 11              4                15                  8.38% SPECIAL OR OTHER INCIDENT TYPE Total 11              4                15                  8.38% Grand Total 114            65              179                100.00% Note:

Data based on updated fireview apparatus 2022 data.  Units responses in and outside the City of Hermosa Beach LOS ANGELES COUNTY FIRE DEPARTMENT
HERMOSA BEACH
FOR THE MONTH OF DECEMBER 2022
Incident Type UNIT RESPONSESPercentage
573
DAY OF THE WEEK E100 S100 Total
Sunday 16                8                  24
Monday 15                11                26
Tuesday 10                6                  16
Wednesday 19                8                  27
Thursday 20                10                30
Friday 16                9                  25
Saturday 18                13                31
Grand Total 114             65                179
Note:

Data based on updated fireview apparatus 2022 data.  Units responses in and outside the City of Hermosa Beach.

LOS ANGELES COUNTY FIRE DEPARTMENT
HERMOSA BEACH
FOR THE MONTH OF DECEMBER 2022
UNIT RESPONSES
‐
5 10
15 20
25 E100
S100
574
TIME OF THE DAY E100 S100 Total
00:00:00 TO 00:59:59 7                   4                  11 01:00:00 TO 01:59:59 6                   3                  9 02:00:00 TO 02:59:59 2                   1                  3 03:00:00 TO 03:59:59 6                   4                  10 04:00:00 TO 04:59:59 ‐
05:00:00 TO 05:59:59 1                   1                  2 06:00:00 TO 06:59:59 2                   2                  4 07:00:00 TO 07:59:59 4                   2                  6 08:00:00 TO 08:59:59 7                   6                  13 09:00:00 TO 09:59:59 10                5                  15 10:00:00 TO 10:59:59 6                   5                  11 11:00:00 TO 11:59:59 10                5                  15 12:00:00 TO 12:59:59 7                   2                  9 13:00:00 TO 13:59:59 4                   3                  7 14:00:00 TO 14:59:59 6                   2                  8 15:00:00 TO 15:59:59 5                   2                  7 16:00:00 TO 16:59:59 4                   4                  8 17:00:00 TO 17:59:59 1                   1
18:00:00 TO 18:59:59 3                   2                  5 19:00:00 TO 19:59:59 3                   1                  4 20:00:00 TO 20:59:59 9                   4                  13 21:00:00 TO 21:59:59 6                   4                  10 22:00:00 TO 22:59:59 1                   1
23:00:00 TO 23:59:59 4                   3                  7 Grand Total 114              65               179
Note:

Data based on updated fireview apparatus 2022 data.  Units responses in and outside the City of Hermosa Beach.

LOS ANGELES COUNTY FIRE DEPARTMENT
HERMOSA BEACH
FOR THE MONTH OF DECEMBER 2022
UNIT RESPONSES
‐
2 4
6 8
10 12
00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59 E100
S100
575
Ad Hoc Report:

Name:

Date:

Description:

Seizure Date Seizure Time ALI City Answer Secs Call Type ID ALI Class 12/2/2022 17:34:05 HB 2 911 Calls WPH2
12/2/2022 18:34:02 HERM BCH 2 911 Calls WPH2
12/2/2022 19:08:16 HERMOSA BEACH 2 911 Calls WPH2
12/2/2022 20:50:08 HMB 30 911 Calls WPH2
12/2/2022 21:00:22 HERMOSA BEACH 23 911 Calls VOIP
12/2/2022 23:02:35 HERMOSA BEACH 2 911 Calls WPH2
12/3/2022 10:22:31 HERMOSA BEACH 53 911 Calls VOIP
12/3/2022 11:00:59 HERM BCH 2 911 Calls WPH2
12/3/2022 16:05:33 HERMOSA BEACH 97 911 Calls RESD
12/4/2022 09:32:07 HERM BCH 82 911 Calls WPH2
12/4/2022 10:25:35 HERMOSA BEACH 33 911 Calls VOIP
12/4/2022 12:17:48 HERMOSA BEACH 2 911 Calls VOIP
12/5/2022 06:59:41 HERM BCH 2 911 Calls WPH2
12/5/2022 07:20:17 HERMOSA BEACH 2 911 Calls VOIP
12/5/2022 08:27:58 HERMOSA BEACH 2 911 Calls VOIP
12/5/2022 22:17:30 HMB 49 911 Calls WPH2
12/7/2022 08:02:54 HERMOSA BEACH 2 911 Calls VOIP
12/7/2022 12:01:27 HERMOSA BEACH 2 911 Calls VOIP
12/8/2022 01:52:55 HERM BCH 2 911 Calls WPH2
12/8/2022 10:05:57 HERMOSA BEACH 17 911 Calls VOIP
12/8/2022 18:13:41 HERMOSA BEACH 2 911 Calls RESD
12/9/2022 11:04:07 HERMOSA BEACH 2 911 Calls VOIP
12/9/2022 19:13:52 HERM BCH 2 911 Calls WPH2
12/10/2022 11:45:47 HERM BCH 2 911 Calls WPH2
12/11/2022 11:16:07 HMB 2 911 Calls WPH2
12/11/2022 13:58:33 HERM BCH 2 911 Calls WPH2
12/11/2022 20:49:12 HERM BCH 2 911 Calls WPH2
12/12/2022 03:26:44 HERMOSA BEACH 2 911 Calls WPH2
12/13/2022 03:10:11 HMB 2 911 Calls WPH2
12/13/2022 08:36:04 HERM BCH 3 911 Calls WPH2
12/13/2022 19:25:07 HERM BCH 2 911 Calls WPH2
12/13/2022 20:00:36 HERMOSA BEACH 2 911 Calls RESD
12/14/2022 11:03:09 HERMOSA BEACH 2 911 Calls WPH2
12/15/2022 01:19:02 HERMOSA BEACH 2 911 Calls WPH2
12/15/2022 11:04:52 HMB 31 911 Calls WPH2
12/15/2022 13:55:00 HERM BCH 60 911 Calls WPH2
12/15/2022 22:37:10 HERM BCH 2 911 Calls WPH2
12/16/2022 14:18:04 HERMOSA BEACH 2 911 Calls VOIP
12/16/2022 21:15:41 HERM BCH 17 911 Calls WPH2
12/16/2022 21:51:13 HERM BCH 38 911 Calls W911
12/17/2022 03:05:39 HERM BCH 2 911 Calls WPH2
12/17/2022 20:10:52 HERM BCH 2 911 Calls WPH2
12/18/2022 09:44:07 HERM BCH 2 911 Calls WPH2
Hermosa Call Answer Time
1/3/2023
December 2022
Los Angeles County Fire
576
12/18/2022 13:07:28 HERM BCH 25 911 Calls WPH2
12/19/2022 06:49:06 HERMOSA BEACH 2 911 Calls VOIP
12/19/2022 08:24:35 HERM BCH 2 911 Calls WPH2
12/19/2022 15:19:29 HERMOSA BEACH 2 911 Calls VOIP
12/20/2022 05:29:26 HERM BCH 2 911 Calls WPH2
12/20/2022 11:20:00 HERMOSA BEACH 2 911 Calls VOIP
12/21/2022 20:59:44 HERMOSA BEACH 2 911 Calls VOIP
12/21/2022 21:00:20 HERM BCH 2 911 Calls WPH2
12/21/2022 21:00:30 HERMOSA BEACH 52 911 Calls VOIP
12/23/2022 00:44:02 HERM BCH 2 911 Calls WPH2
12/23/2022 20:04:35 HERMOSA BEACH 18 911 Calls RESD
12/23/2022 20:50:22 HMB 3 911 Calls WPH2
12/24/2022 01:22:14 HERM BCH 2 911 Calls WPH2
12/24/2022 03:10:21 HERM BCH 2 911 Calls WPH2
12/24/2022 21:36:39 HERMOSA BEACH 2 911 Calls WPH2
12/25/2022 13:21:12 HERMOSA BEACH 94 911 Calls WPH2
12/25/2022 13:32:18 HERMOSA BEACH 3 911 Calls VOIP
12/25/2022 13:43:27 HERMOSA BEACH 2 911 Calls VOIP
12/25/2022 13:57:34 HERMOSA BEACH 94 911 Calls VOIP
12/25/2022 14:39:30 HERM BCH 25 911 Calls WPH2
12/25/2022 14:44:18 HERM BCH 2 911 Calls WPH2
12/25/2022 18:41:47 HERM BCH 2 911 Calls WPH2
12/26/2022 10:07:48 HMB 2 911 Calls WPH2
12/28/2022 10:26:47 HMB 28 911 Calls WPH2
12/28/2022 23:59:50 HERMOSA BEACH 94 911 Calls WPH2
12/29/2022 16:43:34 HERMOSA BEACH 2 911 Calls VOIP
12/29/2022 23:01:22 HERM BCH 2 911 Calls WPH2
12/31/2022 01:24:33 HERMOSA BEACH 2 911 Calls VOIP
12/31/2022 11:11:47 HERM BCH 2 911 Calls WPH2
12/31/2022 14:39:50 HERM BCH 32 911 Calls WPH2
Average Call Answer Time (seconds) 15
577
McCormick Ambulance
December 2022
Total Number of Dispatched Calls
Dispatched Calls Totals
Transported 58
Cancelled 33
Grand Total 91
NOTE: None
58, 64%
33, 36%
Total Dispatched Calls
Transported
Cancelled
578
Calls per the day of the week
Day of the Week Completed Cancelled Total
Sunday 7 6 13
Monday 6 6 12
Tuesday 9 2 11
Wednesday 8 5 13
Thursday 10 6 16
Friday 6 4 10
Saturday 12 4 16
Grand Total 58 33 91
0 2
4 6
8 10
12 14
Completed
Canceled
579
Response by the Time of Day
Time of Day Total Response
00:00:00 TO 00:59:59 5
01:00:00 TO 01:59:59 4
02:00:00 TO 02:59:59 1
03:00:00 TO 03:59:59 5
04:00:00 TO 04:59:59 0
05:00:00 TO 05:59:59 2
06:00:00 TO 06:59:59 2
07:00:00 TO 07:59:59 2
08:00:00 TO 08:59:59 7
09:00:00 TO 09:59:59 8
10:00:00 TO 10:59:59 5
11:00:00 TO 11:59:59 7
12:00:00 TO 12:59:59 3
13:00:00 TO 13:59:59 4
14:00:00 TO 14:59:59 5
15:00:00 TO 15:59:59 4
16:00:00 TO 16:59:59 4
17:00:00 TO 17:59:59 1
18:00:00 TO 18:59:59 3
19:00:00 TO 19:59:59 1
20:00:00 TO 20:59:59 7
21:00:00 TO 21:59:59 7
22:00:00 TO 22:59:59 0
23:00:00 TO 23:59:59 4
Grand Total 91
0 1
2 3
4 5
6 7
8 9
00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59 Time of Day
Responses
580
Response Times Within Allowable
Time
Delayed Response Cancelled Total
Code 3: Response
Time of 8:59 or less
12 17 0 29
Code 2: Response
Time of 15:00 or
less
23 6 0
29 Cancelled
Responses
0 0 33 33
Grand Total 35 23 33 91
581
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0099
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 28, 2023
AWARD OF CONSTRUCTION CONTRACT FOR CIP 617

CIVIC CENTER CHARGING STATIONS
(Environmental Programs Manager Douglas Krauss)
Recommended Action:

Staff recommends City Council:

1. Award the construction contract for CIP 617 Civic Center Charging Stations in the amount of $65,732.76 to TurnOnGreen, Inc. (Attachment 4);

2. Authorize the Public Works Director to establish a project contingency of $10,000.00;

3. Adopt the attached resolution entitled “A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of CIP 617 Civic Center Charging Stations Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account” (Attachment 5);

4. Authorize the City Manager to execute the contract and the City Clerk to attest, subject to approval by the City Attorney; and

5. Authorize the Director of Public Works to file a Notice of Completion following final completion of the project.

Executive Summary:

CIP 617 Civic Center Charging Stations provides for the installation of 20 electric vehicle (EV) charging stations on Bard Street including procurement and installation of eight dual-port EV chargers and four single-port chargers, all necessary equipment, a five-year operation and maintenance service, and networking software. The installation is in conjunction with Southern California Edison’s (SCE) Charge Ready program, which will fund all the necessary infrastructure for the project. Staff received construction bids for the project and recommends City Council approval to award a construction contract to the lowest responsible bidder, TurnOnGreen, Inc.

Background:

The City of Hermosa Beach has a history of strong promotion of EV charging. The City currently has 35 publicly-accessible EV chargers and 6 chargers for City fleet only. The City has also adopted a Clean Fleet Policy with the goal of achieving the “lowest emission, cost-effective and most practical City of Hermosa Beach Page 1 of 4 Printed on 2/24/2023
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Staff Report
REPORT 23-0099
vehicle replacements without compromising the quality of critical City services.” (Attachment 1).

In response the growing number of electric vehicles in the City’s fleet, and especially larger numbers of electric police department vehicles, City Council approved $100,000 in the FY 2022-2023 budget for CIP 617 to install EV chargers on Bard Street, behind City Hall and the Police Department.

Given that the existing electrical infrastructure was not adequate for additional EV chargers, staff applied for and was successful in securing funding through SCE’s Charge Ready program. The City previously partnered with SCE on a Charge Ready installation for 10 chargers in the City Hall SelfStorage lot in 2016. Through the Charge Ready program, SCE will design, engineer, and install all necessary electrical infrastructure to support the proposed 20 chargers. This will include a new transformer, all necessary conduit, and labor necessary to allow for installation of EV chargers. Per program guidelines, the City is responsible for procuring and installing the EV chargers.

Staff developed the necessary bid documents to advertise for qualified companies to procure and install the chargers. This includes a five-year operations and maintenance program and all necessary networking software and support to satisfy the Charge Ready program requirements.

On February 3, 2023, the project was advertised in the Daily Breeze, via the City Website, and posted on Planet Bids, the City’s online bidding platform.

Past Council Actions
Meeting Date Description
October 13, 2016 City Council Approved Charge Ready installation at City Hall Analysis:

On February 13, 2023, two bids were received and opened. A review of the bids revealed only one timely and responsive bid from TurnOnGreen, Inc in the amount of $57,732.76 (Attachment 2). A second bidder was unsuccessful in providing complete bid documents through the Planet Bids software by the stated deadline and instead transmitted them after the fact via email. Due to the tardiness of the submittal, the second bid in the amount of $169,200 was rejected.

Staff reviewed the remaining bid and found the apparent low bidder, TurnOnGreen's bid documents to be complete and accurate with the exception of one minor discrepancy. The bidder only included the first year of operations and maintenance service in the cost, although the request for proposals required five years. Staff requested a revised cost proposal from TurnOnGreen and the correct services and costs are included in the final submittal (Attachment 3). The correction increased the original bid amount from $57,732.76 to $65,732.76. If approved, the proposed bid price of $65,732.76 and the $10,000 project contingency would be funded through previously established CIP 617 for which $100,000 was appropriated.

Installation of the chargers would take place after SCE completes the necessary electrical City of Hermosa Beach Page 2 of 4 Printed on 2/24/2023
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Staff Report
REPORT 23-0099
Installation of the chargers would take place after SCE completes the necessary electrical infrastructure upgrades which is estimated for Sumer 2023. Staff is working with SCE to finalize designs for the project and determine a more precise construction timeline.

General Plan Consistency:

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

Mobility Element
Goal 5. A Robust low cost and low carbon transportation system that promotes the City’s environmental sustainability and stewardship goals in support of social and economic objectives.

Policy
· 5.1 Prioritize development of infrastructure. Prioritize the development of roadway and parking infrastructure that encourages private electric and other low carbon vehicle ownership and use throughout the city.

Sustainability + Conservation Element
Goal 2. Hermosa Beach is a low-carbon community meeting State greenhouse gas reduction goals by 2040.

Policies
· 2.7 Emerging technologies. Regularly evaluate new and emerging technology changes that can help to reduce greenhouse gas emissions and encourage the use of such technology when it is demonstrated to be effective at reducing greenhouse gas emissions and a fiscally responsible investment.
· 3.5 Clean fuels. Support increased local access to cleaner fuels and cleaner energy by encouraging fueling stations that provide cleaner fuels and energy to the community.

Fiscal Impact:

The City has sufficient funds allocated in the Capital Improvement Project (CIP) 617 to cover the proposed agreement. $55,732.76 of the proposed bid cost of $65,732.76 and the project contingency of $10,000 would be funded from the CIP 617-Civic Center Charging Stations. Annual operation and maintenance costs are included in the bid cost. These costs would be $2,000 annually and would be funded from the Equipment Services division in the Equipment Replacement Fund starting with the FY 2023-24 Budget. The SCE Charge Ready program will fund all required infrastructure improvements.

Item Amount
Construction Cost $65,732.76
Contingency $10,000
Total Construction Contract Cost $75,732.76
City of Hermosa Beach Page 3 of 4 Printed on 2/24/2023
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Staff Report
REPORT 23-0099
Item Amount
Construction Cost $65,732.76
Contingency $10,000
Total Construction Contract Cost $75,732.76
The requested contract contingency is included to cover any unknown or unforeseen conditions associated with the construction of the project.

Attachments:

1. Clean Fleet Purchasing Policy

2. BID Summary Log

3. TurnOnGreen, Inc. Bid Documents

4. Draft Agreement

5. Draft Resolution

6. Link to October 13, 2016 City Council Staff Report
Respectfully Submitted by: Doug Krauss, Environmental Programs Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Pat Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 4 of 4 Printed on 2/24/2023
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CITY OF HERMOSA BEACH CONTRACT

DOCUMENTS AND SPECIFICATIONS FOR
CIP 617 - CIVIC CENTER CHARGING STATIONS
February 13, 2023
Submitted by
593
February 10, 2023
Respectfully prepared for the City of Hermosa Beach
DOCUMENTS AND SPECIFICATIONS FOR CIP 617

CIVIC CENTER CHARGING STATIONS
TurnOnGreen (TOG) and subsidiary, Digital Power Inc., an advanced power electronics company founded in 1969, leverages 50+ years of technology expertise to provide scalable power solutions to Fortune 500 companies across the globe. TOG is committed to building a robust Electric Vehicle charging infrastructure throughout the United States and Canada.

Headquartered in Milpitas, CA with satellite offices in Los Angeles, Santa Barbara and Orange County, TOG works across North America to provide custom power solutions and Electric Vehicle charging solutions to commercial retail, hospitality, fleet, and residential customers.

TOG is the preferred EV charging partner of Best Western Hotels and Resorts North America, IHG Hotels and Resorts and the EV charging provider for AVIS Budget PA. TOG designs and manufactures level 2 residential EV charging stations and a series of 120kW-180kW DC fast chargers. TOG is one of the North American distribution partners of Phihong (Zerova) and a North American Partner with EV Charging Network provider, ChargeLab. TOG has a growing EV charging footprint throughout North America, providing EV charging solutions to EV drivers and property owners that are reliable, easy to activate, operate and maintain.

We are currently working with the City of Boulder City, NV to expand community-based EV charging services to residents and City employees. TOG has developed level 2 charging hubs at Best Western properties, Hilton Locations and other boutique hotels throughout the United States. TOG has built the first DC Fast Charging Hub at the Harrisburg International Airport for Avis Budget PA, and built a network of Fleet Charging solutions for select Avis Alaska locations.

TOG works with a network of preferred installation partners throughout North America. In Los Angeles County, TOG works with Paseki Strategies Corporation to provide turn-key EV charging installation services. Paseki has a long track record of success in the industry across Southern California. Paseki is Minority Business Enterprise (MSE) and Native American Owned and Operated, Local Small Business Certified (LSBE) in Los Angeles County energy efficiency firm and electrical contractor operating in the energy space.

Thank you for your consideration with our proposal and we would welcome the opportunity to be your valued Electric Vehicle Charging Station partner for this exciting project with the City of Hermosa Beach. We look forward to hearing from you!
Best regards,
Amos Kohn, CEO
TurnOnGreen, Inc.
594
IV. BID DOCUMENTS
A. PROPOSAL
CIP 617 - CIVIC CENTER CHARGING STATIONS
CONTRACTOR:

TO: City of Hermosa Beach
Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254
Ladies and Gentlemen:

The undersigned declares that he/she has carefully examined the location of the proposed work and that he/she has examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for:

CIP 617 - CIVIC CENTER CHARGING STATIONS
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions and Technical Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021 and Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein.

The Contractor also certifies that he/she is registered with the Department of Industrial Relations.

Bid items costs shall include but not limited to mobilization, Bonds, Insurance, labor, equipment, materials, overhead, and profit, any and all other indirect costs shall be considered full compensation for each bid item.

All work shall be completed within (10) working days from the date the notice to proceed is issued by the Engineer.

Contractor Signature PWCR Registration Number
Turnongreen, Inc.
1001010498
February 10, 2023
595
Registration Services:: Page 1 of 2 2/7/2023 1:31:15 PM

APPLICATION FOR

PUBLIC WORKS CONTRACTOR REGISTRATION
Registration Information
Type: Public Works
Period: 02/07/2023 06/30/2024
Contractor Information
Contractor Name: TurnOnGreen Inc.

Trade Name: Digital Power Corporation
License Type Number: PW-LR-1001010498
Contractor Physical Address
Contractor Name: TurnOnGreen Inc.

Trade Name: TurnOnGreen Inc.

License Type Number: PW-LR-1001010498
Contractor Physical Address
Physical Business Country: United States of America Physical Business City/ Province:

Milpitas
Physical Business Address: 1421 McCarthy Boulevard Physical Business State: CA Physical Business Postal
Code:
95035
Contractor Mailing Address
Mailing Country: United States of America Mailing City /Province: Milpitas Mailing Address: 1421 McCarthy Boulevard Mailing State: CA Mailing Postal Code: 95035
Contact Info
Daytime Phone: Daytime Phone Ext.:

Mobile Phone: Business Email: [email protected]
Applicant’s Email: [email protected]
596
Registration Services:: Page 2 of 2
Workers’ Compensation
Professional Employer Organization (PEO)
Do you lease employees through Professional Employer Organization? No Workers’ Compensation Overview
Carrier: The Hartford Inception Date: 10/02/2021
Policyholder Name: TurnOnGreen Inc. Expiration Date: October 2, 2023 Policy Number: 83 WE AE1GG3
Certification
Yes I certify that I do not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award Yes I certify that the contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

Yes I certify that one of the following is true: (1) I am licensed by the Contractors State License Board (CSLB) in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code; or (2) my business or trade is not subject to licensing by the CSLB.

I understand refunds are not authorized
I, shan Wang, the undersigned, am , TurnOnGreen Inc. with the authority to act for and on behalf of the above named contractor. I certify under penalty of perjury that all of the above information provided is true and correct. I further acknowledge that any untruthful information provided in this application could result in the certification being canceled.

I certify this on: 1:28 PM
Legal Entity Information
Legal Entity Type: Corporation
Name: TurnOnGreen Inc.
597
1421 McCarthy Blvd
Milpitas, CA 95035
United States
Quote# 1192
1/13/2023
1192
1 of 4
Prepared For:

Douglas Krauss
310-750-3603
Company
Douglas Krauss
City of Hermosa Beach
1315 Valley Dr.

Hermosa Beach CA 90254
United States
Customer Ref:

Sales Rep: Martin Mitchell
TurnOnGreen is pleased to submit the following proposal for your consideration. This quote may be subject to sales tax.

TOG Part Number Model No Description Quantity Units Unit Price Total Curr
CPEVAC-7KW-J17-G EVP700-G 32Amp L2 Charger
with RFID, LAN/G4,
OCPP, Single J1772
Plug
20 ea $806.40 $16,128.00 $USD
CEVAC-PED-T-DUO-B PED-DUO-BLK Triangle Pedestal
for Dual EV700/
EVP700 - Black
8 ea $497.00 $3,976.00 $USD
CEVAC-PED-R-ONE-B PED-ONE-BLK Rectangle Pedestal
for EV700/EVP700 -
Black
4 ea $476.00 $1,904.00 $USD
TOG-FLT-NTWKANNUAL-24
Annual Fleet
Network
Subscription
Services - 1 to 24
Ports
5 yr $1,200.00 $6,000.00 $USD
TOG-FLT-O&MANNUAL 11-24
Annual Fleet
Operations and
Maintenance
Services 11-24 Ports
5 yr $800.00 $4,000.00 $USD
Extended Warranty 2-Year Extended
Warranty
20 Yr $60.00 $1,200.00 $USD
FREIGHT Cost of freight 1 ea $700.00 $700.00 $USD
TurnOnGreen
SCE ChargeReady Registration Number: REG-555712
Distribution discount applied to EV charger and
extended warranty.
• 5-year Full O&M Package (networking,
operations, management, and warranty)
• 5-year Extended Warranty Included
• 24/7 Customer Support
• 48 Hour On-Site Response Time
Subtotal $33,908.00
Tax $2,090.76
Total $35,998.76
598
1421 McCarthy Blvd
Milpitas, CA 95035
United States
Quote# 1384
1/26/2023
1384
1 of 4
Prepared For:

Douglas Krauss
[email protected]
Company
Douglas Krauss
City of Hermosa Beach
1315 Valley Dr.

Hermosa Beach CA 90254
United States
Customer Ref:

Sales Rep: M.M.

TurnOnGreen is pleased to submit the following proposal for your consideration. This quote may be subject to sales tax.

TOG Part Number Model No Description Quantity Units Unit Price Total Curr
Installation Service &
Permitting
Installation Service
& Permitting
1 EA $29,734.00 $29,734.00 $USD
-Install and commission (8) dual pedestal mounted, (4) Single pedestal level 2 chargers, and if needed all the
necessary electrical and civil infrastructure.
-Pull wire and configure (10) circuits for load
sharing on 40 amp breakers. Assumptions based on site visit:
-SCE will complete "Make ready", which includes but not limited to (Trenching, appropriate sized conduit stub-up, concrete pad for chargers, load center installation, etc).
-Site will have 400 amp panelboard ready for wire termination -ADA requirements are met and will not require parking lot modifications.
-New EV parking will be within 150ft from load center
*Change order will be requested if "Make Ready" portion is not complete and TOG needs to complete said portion.
*Electrical engineering will be required and may require different equipment sizing or additions, which will change price.

Level 2 Pedestal Install - single With Cable management Commission New charger
Existing Panel 120/240VAC prep for new chargers
Dual chargers Material: wire and accessories Single Charger 150ft or Less Material: wire and accessories
wire installation labor Coordination/admin/Mobilization/ Overhead
Subtotal $29,734.00
Tax $0.00
Total $29,734.00
Provisioning and activation of Level 2 units and associated RFID cards.
599
B. BIDDING SCHEDULE
CIP 617 - CIVIC CENTER CHARGING STATIONS
TOTAL BASE BID (IN WORDS): _____________________________________________________ Note: The Project Contract will be awarded to the lowest responsible bidder, based on the lowest base bid amount.

In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the bidder’s intention and all totals will be corrected to conform thereto.

Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amount of Dollars,
said amount being not less than 10 percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.

CONTRACTOR:

CONTRACTOR’S STATE LICENSE NUMBER: _______________________________ Item
No.

Estimated
Quantity
Unit Description of Work Unit
Price Total
1 8 EA Dual Port Level 2 EV Charger and
all necessary hardware $ $
2 4 EA Single Port Level 2 EV Charger and all
necessary hardware $ $
3 - LS Five-year operations and maintenance
service plan for all chargers ------- $
4 - LS Networking Software and Operation for
all chargers ------- $
Total ------- $
Turnongreen, Inc.

PW-LR-1001010498
****
****
****
Sixty Five Thousand Seven Hundred Thirty Two Dollars & Seventy Six Cents $5,800.00
****
* See Complete Detailed Quote on Page 6 and Page 7 *
65,732.76
***
***
(including installation)
600
C. BID BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________, (hereinafter referred to as "Contractor") intends to submit a bid to the City of Hermosa Beach, California, a Municipal Corporation, for the performance of certain work as required in the City of Hermosa Beach CIP 617 CIVIC CENTER CHARGING STATIONS said work being: CIP 617 - CIVIC CENTER CHARGING STATIONS as shown in this specification, and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals.

NOW, THEREFORE, we, the Contractor, as Principal, and ____Turnongreen, Inc. _____________________________ a __________________ corporation organized and existing under the laws of the State of ___
as Surety, are held and firmly bound unto the City of Hermosa Beach, as Obligee, in the sum of _____________ _______________ Dollars ($_______________) lawful money of the United States of America, said sum being not less than ten percent (10%) of the bid amount for the payment of which sum well and truly to be made, the said Principal, and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT: If the bid of the said Principal is rejected by the said Obligee; or if the said Obligee shall accept the bid of the said Principal and said Principal shall enter into an Agreement with said Obligee in accordance with the terms of the bid, and shall give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Agreement and for the prompt payment of labor and material furnished in the prosecution thereof; or in the event of the failure of said Principal to enter such Agreement and give such bond or bonds, if said Principal shall pay to said Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which said Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs and reasonable attorney's fees incurred by the City of Hermosa Beach in successfully enforcing said obligation.

IN WITNESS THEREOF, we have hereunto, set our hands and seals this ___________ day of ______February ______________, __2023____.

Principal
By
Title
Surety
By
Title
Turnongreen, Inc.

Chief Executive Officer
Amos Kohn
duly authorized to transact business under the laws of the State of California $5,800.00
11 Nevada
$5,800.00
� Prmcipal
601
602
83 February 2023
City of Hermosa Beach CIP617
Civic Center Charging Stations
603
D. BIDDER'S ASSURANCE
CIP 617 - CIVIC CENTER CHARGING STATIONS
FROM:

Name of Bidder:

Business Address:

Telephone No:

TO:

Members of the City Council
c/o City Hall
City of Hermosa Beach, California
Members of the City Council:

Pursuant to your published Notice Inviting Bids for: CIP 617 - CIVIC CENTER CHARGING

STATIONS
The undersigned declares that he/she has carefully examined the location of the proposed work; that he/she has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders and hereby proposes to furnish all materials, machinery, tools, labor, and services and do all the work necessary to complete the project in accordance with said Plans and Specifications and other Contract Documents at the item prices on the bidding schedule.

BY: TITLE:

Turnongreen, Inc.
1421 McCarthy Ave.

Milpits, CA 95035
510-657-2635
Amos Kohn Chief Executive Officer
604
E. BIDDER'S DECLARATION
It is understood and agreed that:

1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, Warranty Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, the Special Provisions, and the Technical Provisions.

2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof.

3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal.

4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned.

The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents.

The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified and will complete said work within the time specified in the Bidding Schedule.

5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding.

6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the Owner after evaluation of the bids as submitted. The undersigned agrees that the Owner shall recover or retain as liquidated damages an amount equal to the difference between the low bid and amount of the bid of the bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest bidder in accordance with the provisions of the Public Contract Code section 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided.

7. This bid will not be withdrawn within a period of ninety (90) days after the date of its proper opening by the City.

8. The undersigned bidder stated under penalty of perjury that the representations made in 605
submitting this bid are, to the best of his/her knowledge, true, accurate, and complete.

Respectfully submitted,
Contractor's Business Name Contractor Signature Title
Business Address: Street By Title
City State Zip Contractor's License No. and Classification Business Phone Number Date
Name Title Residence: Street
City State Zip Residence Phone Number
Note: If the bid is made by an individual, it must be signed with the full name of the bidder, whose address must be given: if it is made by a firm, it must be signed in the co-partnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each member must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed.

Turnongreen, Inc. Chief Executive Officer
1421 McCarthy Ave. Amos Kohn
Milpits CA 95035
510-657-2635
PW-LR-1001010498
February February 10, 202323
606
F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP 617 - CIVIC CENTER CHARGING STATIONS
As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIRM

TITLE OF PERSON SIGNING

SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:

Turnongreen, Inc.

Chief Executive Officer
February 10, 202323
607
G. CERTIFICATION OF PRINCIPAL
CIP 617 - CIVIC CENTER CHARGING STATIONS
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.) Signature:

Name:

Title:

Name of Company:

Amos Kohn
Turnongreen, Inc.

Chief Executive Officer
608
H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP 617 - CIVIC CENTER CHARGING STATIONS
The undersigned, a duly authorized representative of the contractor, certifies and declares that:

1. The undersigned contractor is aware of Section 1771.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.

2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law.

3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states:
“(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.”
“(b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.”

4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of
, at (place of execution), California.

Signature:

Name:

Title:

Name of Company:

Milpitas, CA
Amos Kohn
Chief Executive Officer
Turnongreen, Inc.
10 February
609
I. NON-COLLUSION DECLARATION
CIP 617 - CIVIC CENTER CHARGING STATIONS
The undersigned declares:

I am the ___________________ of ______________________________, the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP
Milpitas
Turnongreen, Inc.
1421 McCarthy Ave.

Milpitas CA 95035
CA
Chief Executive Officer Turnongreen, Inc.
2/10/23
610
J. REFERENCES OF WORK
CIP 617 - CIVIC CENTER CHARGING STATIONS
Date: ________________
The following are the names, addresses and phone numbers/ email addresses for three projects for which Bidder has performed similar work within the past three years.

All contact information must be current.

1. Name and address of Project
Name and Telephone No. of Project Manager
Contract Amount Type of Work Date Completed
---------------------------------------------------------------------------------------------------------------------

2. Name and address of Project
Name and Telephone No. of Project Manager
Contract Amount Type of Work Date Completed
---------------------------------------------------------------------------------------------------------------------

3. Name and address of Project
Name and Telephone No. of Project Manager
Contract Amount Type of Work Date Completed
For additional References, please add separate sheets
February 10, 2023
Avis Budget - Harrisburg (PA) International Airport
$150,000 DCFC Level 3 Charging Stations January 2023
Tom Troxell: [email protected]
Beverly Glen Market Centre - 251 Beverly Glen Circle at N Beverly Glen Blvd)Los Angeles, CA $30,000 Level 2 Charging Stations July 2022
Cassandra Evans: [email protected]
Alisal Ranch - 1054 Alisal Road Solvang, CA
$10,000 LLevel 2 Charging Stations February 2022
Dave Park: [email protected]
611
K. SUBCONTRACTORS LIST
CIP 617 - CIVIC CENTER CHARGING STATIONS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below: (a) the name and location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor.

Only one subcontractor for each such portion shall be listed.

Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the Owner.

We propose to use the following listed subcontractors as per Public Contract Code Section 4100 et seq.:

List all Subcontractors. The subcontractor shall be licensed for the type of work they are performing.

Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
Paseki Strategies Corporation 1019 Second Street, San Fernando, CA 91340 Electrical Contractor - Engineering, procurement, construction, installation, commissioning, permitting. 1056623 1000368813
818-403-6956 Approximately $8,920 / 15% of total work
Macano Tech, LLC
Electrical Contractor - Engineering, procurement, construction, installation, commissioning, permitting.

Approximately $20,820 / 30% of total work
10415 Bichester Ct., Bakersfield, CA 93311
1091732
713-614-2205
612
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:

Description of Work:

CSLB Contractor License No. DIR Registration No.

Phone No. Dollar Amount of Work & % of Work
Percent of work to be performed by sub-contractors: %
(Note: 50% of work is required to be performed by general contractor) For additional Sub-Contractors, please add separate sheet 45%
613
29 L. IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

Turnongreen, Inc.

Chief Executive Officer
Amos Kohn
February 10, 2023
614
M. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Bidder
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Turnongreen, Inc.

PW-LR-1001010498
06/30/2024
Turnongreen, Inc.

Amos Kohn - Chief Executive Officer
February 10, 2023
X
615
Charge Forward
With TurnOnGreen
© 2021 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

Prepared for
City of Hermosa Beach
DOCUMENTS AND SPECIFICATIONS FOR CIP 617

CIVIC CENTER CHARGING STATIONS
www.turnongreen.com February 10, 2023
616
© 2021 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

Network Powered by ChargeLab
Partnering
Executive Summary
617
TurnOnGreen Inc. and subsidiary, Digital Power Inc., an advanced power electronics company founded in 1969, leverages 50+ years of technology expertise to provide scalable power solutions to Fortune 500 companies across the globe. TurnOnGreen is committed to building a robust Electric Vehicle charging infrastructure throughout the United States and Canada.

Headquartered in San Jose, CA with satellite offices in Los Angeles, Santa Barbara and Orange County, TurnOnGreen works across North America to provide custom power solutions and Electric Vehicle charging solutions to commercial retail, hospitality, fleet and residential customers.
© 2022 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

TurnOnGreen Inc. (OTC:IMHC)

GREEN ENERGY TECHNOLOGY COMPANY
Who We Are
Digital Power 1969 founded.

Strategic
Agreement
with Bitnile. 2017
The
TurnOnGreen
Brand is
created
2020
Merger with
Imperalis
Holdings to
become a
public
company.
2022
618
Established Base
of Customers
Who Trusts Us
4 TurnOnGreen Inc. (TOGI) and Digital Power Corp.,
are backed by 50+ years of expertise stemming from
world-class technology-based solutions for mission-
critical and lifesaving services.

TurnOnGreen Inc. is committed to developing Green
Energy Power Solutions for businesses
and consumers across the globe. TOGI maintains a division dedicated to defense-aerospace, naval, medical-healthcare, telecommunication
and cryptocurrency markets.
© 2022 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information. 619
© 2022 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

Executive Team
Who We Are
30+ Years Executive Leadership Experience
30+ Years Business Strategy and Execution
Business Development and M&A Expert
Chief Engineer and Product Design Specialist
Operations and Supply Chain Expertise
Global Market Strategist
30+ Years of Technology Development
Software Application Development Expertise
Digital and Print Media Marketing Expertise
Ecommerce Implementation Expertise
Operations and Logistics Expertise
20+ Years Business Leadership Experience
10+ Years in Microcap Environment
Sales and Onboarding Expertise
Multichannel Marketing Expertise
Expert Corporate Team Builder
Business Development Specialist. Based in Los
Angeles.

Amos Kohn, MBA
Marcus Charuvastra
Douglas Gintz
President

CTO CEO
20+ Years Business Development Leadership Experience
15+ Years in Renewables and Sustainability Industry
Project Management and Implementation Expertise
Local, State and Federal Government Economic Development Experience Regional Office Based in Santa Barbara and Ventura Counties.

Martin Mitchell
Regional
Development
620
© 2022 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

References
TurnOnGreen
Foxen Vineyard & Winery
Santa Maria, CA
Contact Information:

Riley Wathen Slack - [email protected]
Beverly Glen Market Centre
Los Angeles, CA
Contact Information:

Cassandra Evans: [email protected]
Avis Budget
Harrisburg International Airport
Contact Information:

Tom Troxell - [email protected]
Alisal Ranch Resort
Solvang, CA
Contact Information:

Dave Park - [email protected]
Targeted Medical Pharma Inc.

Los Angeles, CA
Contact Information:

Edward Ha - [email protected]
Hilton Garden Inn
Rockford, IL
Contact Information:

Nikki Widstrom - [email protected]
Download the TurnOnGreen App for
additional network members.
621
© 2021 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

Network Powered by ChargeLab
Partnering
Our Products
and Services
What We Offer
622
© 2022 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

EV Charging Hardware| TurnOnGreen
FSP300 | DCFC
30kW
DC Fast Charger
EVP700-WF/4G | Level 2
7kW
Level 2 Charger
EVP1100 – EVP1900 | Level 2
11kW-19kW
Level 2 Fleet Chargers
FSP Fast Series | DCFC
60kW, 120kW, 180kW
DC Fast Charger
623
© 2022 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

EVP700-4G/WF 32A, 7.2 kW
Level 2 Networked Charger Networked Device
SMART App Controllable
Load Balancing Settings
QR Codes
Dynamic LED Charging
Status Light
16’ Charging Cable
Chord
RFID Card Capable
7kW Power Output
32Amp Power Input
EVP700-4G enables remote
access controls, allowing
visitors to see availability and
general stats before visiting.

Activate the EVP700 with your
mobile phone by scanning the QR
code on the device.

Assign RFIDs to specific visitors
and allow them to access
charging services via card
authentication.

Operate and configure the
EVP700 on the TurnOnGreen
Manager Dashboard.

LED lights communicate EVP700
charging statuses.

Add 30 miles of range per
hour of charging to an EV.

Maximize or minimize your
utility setup with unique
power sharing capabilities.

Comfortable cable length for
ease-of-use.

Enough power to add 30 miles
of range every hour plugged
in.
624
© 2021 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

EVP700-4G/WF – User Interface
EVP700-4G/WF | Features
Charge Activation
EV Drivers Can Activate Chargers in 3 ways:

Download the TurnOnGreen app on the Google Play or AppStore, find the Charger on the App, and activate.

Scan QR code on the device, activate through mobile phone web browser.

Hold an assigned RFID card up to the device to activate a charge.

Sites will be given as many RFIDs as they would like.

A
B
C
625
Charging Station Management System (CSMS)
Networking
Support for multiple sites and
multiple EV chargers.

Monitoring
24/7 monitoring for charger faults
and network errors. Automatic
notifications.

Reporting
Custom report generation,
Plus CSV data downloadable any
time.

User management
Group users & permissions for
residents, employees, and fleets.

Revenue collection
Set end-user fees, accept any
major credit card. Secure & PCI
compliant.

Power management
Dynamic load balancing based on
charger grouping, vehicle priority,
and more.

Automatic updates
Charger firmware management &
continual software updates.

Dashboard access
Visualize your EV charging data in a
customizable admin dashboard.

Network Services| TurnOnGreen
© 2022 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information. 626
Power Management| TurnOnGreen
© 2022 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

Power management (also known as “load
balancing”) allows you to install more
chargers on a limited electrical service.

Output amperage is automatically adjusted
based on the number of vehicles plugged
in to a group of chargers.

Load Balancing
627
© 2022 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

Site Host Dashboard | TurnOnGreen
Site hosts have access to a
wealth of data using the
TOG dashboard. Fleets
vehicles can be tagged and
assigned RFIDs to
determine how much
energy each vehicle is
consuming.

Site hosts can generate
usage reports and manage
chargers via the dashboard
628
We look forward to getting your EV project up and running! © 2022 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information.

Charge Forward
With TurnOnGreen

THANK YOU
To New Partnerships!
Marcus Charuvastra, President
Email: [email protected]
Phone: 310.593.1428
Martin Mitchell, Regional Director of Business Development Email: [email protected]
Phone: 805.335.3805

POWERING

POSITIVE
CHANGE
www.turnongreen.com
629

EVP SERIES
7kW Level 2
EV Fast Charger
The TurnOnGreen Mobile App
EVP700
Features
• Ideal for residential and commercial EV charging
• Optional wired/wireless connection for Central
Management System
• Optional Support for RFID card and QR code for user
authentication and management
• Input: 200Vac~240Vac
• Modern, ergonomic and customizable design
• IP55 rated for indoor/outdoor applications
• Firmware updates through remote connection
• Charging interface: SAE J1772 (Type 1) or
IEC 62196 (Type 2)
• OCPP 1.6 JSON
Networked Model (EVP700-4G) lists the charger on the TurnOnGreen mobile application. Users can authenticate the charger via app payments! Scan to order and see additional product features and services. For pricing & information:
©2021 TurnOnGreen, Inc. [email protected] 1-877-634-0982 Monitor
Energy Usage
Schedule
Charging
Start/Stop
Sessions
Wi-Fi
Enabled
Set Pricing/
Collect Payments
630
User Interface & Control
Communication
Regulation
Protection
Environmental Conditions
Mechanical Specifications
Power Specification
Picture
Model
Single Phase 200~240Vac
Level 2
EVP700 - 4G/W/B
3 Wire (L1, L2, GND)

7.4kW
32A
32A
50Hz/60Hz
Support via Rotary Diep-Switch
External 4G or Wi-Fi
Safety Compliance
Input
Operating Temperature
Number of Charging Ports
Dimensions (W x D x H)
RJ45
UVP, OVP, RCD, SPD, Ground Fault Protection
-30°C to 50°C (-22°F to 122°F)
1 260 x 280 x 100 mm ±1% (10 x 11 x 4 inch)
EMC Compliance
Output
Storage Temperature
AC Charging Connector Type
Weight
U.S.: FCC part 15, Class B
OCP, OTP, Control Pilot Fault Protection
-40°C to 70°C (-40°F to 158°F)
SAEJ1772
4 Kg ±1% (9 Lbs.)
Safety Mark
Plug-Out Detection
Humidity
Input Cable
Cooling Method
cULus
Power terminated per J1772 specifications
95% RH Max., non-condensing
Hardware
Natural Cooling
NEMA Type 3R
Wall-Mount/Pedestal-Mount
Energy Star
Altitude
Charging Cable Length
Ingression Protection
Mounting Type
-
≤ 2000 m (6560 ft)
5 m (16ft)
Internal RJ45
Input Voltages
Charger Type
Back end Support OCPP 1.6-JSON
AC Input Wiring
Max. Output Power
User Authentication RFID Reader / QR Code
Status Indication LED: Blue, Green, Red
Max. Input Current
Max. Output Current
AC Power Frequency
Adjustable Max.

Input Current
Display -
AC Input
AC Output
631
1421 McCarthy Blvd
Milpitas, CA 95035
United States
Quote# 1192
1/13/2023
1192
1 of 4
Prepared For:

Douglas Krauss
310-750-3603
Company
Douglas Krauss
City of Hermosa Beach
1315 Valley Dr.

Hermosa Beach CA 90254
United States
Customer Ref:

Sales Rep: Martin Mitchell
TurnOnGreen is pleased to submit the following proposal for your consideration. This quote may be subject to sales tax.

TOG Part Number Model No Description Quantity Units Unit Price Total Curr
CPEVAC-7KW-J17-G EVP700-G 32Amp L2 Charger
with RFID, LAN/G4,
OCPP, Single J1772
Plug
20 ea $806.40 $16,128.00 $USD
CEVAC-PED-T-DUO-B PED-DUO-BLK Triangle Pedestal
for Dual EV700/
EVP700 - Black
8 ea $497.00 $3,976.00 $USD
CEVAC-PED-R-ONE-B PED-ONE-BLK Rectangle Pedestal
for EV700/EVP700 -
Black
4 ea $476.00 $1,904.00 $USD
TOG-FLT-NTWKANNUAL-24
Annual Fleet
Network
Subscription
Services - 1 to 24
Ports
5 yr $1,200.00 $6,000.00 $USD
TOG-FLT-O&MANNUAL 11-24
Annual Fleet
Operations and
Maintenance
Services 11-24 Ports
5 yr $800.00 $4,000.00 $USD
Extended Warranty 2-Year Extended
Warranty
20 Yr $60.00 $1,200.00 $USD
FREIGHT Cost of freight 1 ea $700.00 $700.00 $USD
TurnOnGreen
SCE ChargeReady Registration Number: REG-555712
Distribution discount applied to EV charger and
extended warranty.
• 5-year Full O&M Package (networking,
operations, management, and warranty)
• 5-year Extended Warranty Included
• 24/7 Customer Support
• 48 Hour On-Site Response Time
Subtotal $33,908.00
Tax $2,090.76
Total $35,998.76
632
1421 McCarthy Blvd
Milpitas, CA 95035
United States
Quote# 1192
1/13/2023
1192
2 of 4

0. Shipping and Tax calculations are not final. Final Rate and Cost will be adjusted at Invoicing

1. Standard terms and conditions of sale apply to all orders placed.

2. All products are Non-Cancellable Non-Returnable (NCNR).

3. Unless otherwise stated, all units are RoHS Compliant.

4. Unless otherwise stated shipping, terms are Ex-Works factory.

5. If tariff incurred at the time of import will be added to the invoice. Standard terms and conditions of sale apply to all orders placed.

6. All blanket orders will be scheduled and consumed within 12 months ARO unless mutually agreed by both parties.

7. Refer to standard terms and conditions on the following page.

8. Standard terms and conditions of sale apply to all orders placed.

If you have any questions, please do not hesitate to contact your Account Manager at 877-634-0982.

I hereby accept this quote under the terms and conditions stated above:

Signature _________________________________________________________       Date ____________________ Name _____________________________________________________________________________ Title ____________________________________________________________________________ Terms & Conditions
Terms and Conditions
633
1421 McCarthy Blvd
Milpitas, CA 95035
United States
Quote# 1192
1/13/2023
1192
3 of 4

1. ACKNOWLEDGEMENT:THIS TERM AND CONDITIONS IS GOVERNING BY THE COMPANY AND INCORPORATED BY REFERENCE IN EVERY QUOTE ISSUED BY THE SELLER OR BY ORDER ACCEPTED BY THE SELLER, EACH ORDER SHALL BE ACCEPTED BY THE SELLER ORDER ACKNOWLEDGEMENT.

2. QUOTED PRICE: PRICES QUOTED DO NOT INCLUDE: APPLIANCE TAXES, IMPORT/EXPORT, TARIFFS AND DUTIES OR FEES RELATED TO SALES OUTSIDE THE EXWORKS. ADDITIONAL CHARGES PAID BY THE SELLER, SHALL BE BILLED TO THE BUYER.

3. DELIVERY: THE METHOD OF SHIPPING AND PACKING SHALL BE IN ACCORDANCE WITH THE SELLER‚S THEN CURRENT STANDARDS. TITLE TO AND RISK OF LOSS OR DAMAGE SHALL PASS TO BUYER UPON DELIVERY TO CARRIER. SHIPPING DATES PROVIDED ARE APPROXIMATE ONLY. THE SELLER SHALL NOT BE LIABLE FOR DELAYS IN DELIVERY OR FAILURE TO MANUFACTURE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL.

4. ACCEPTANCE OF EVALUATION OR SAMPLE UNITS: BUYER MAY PERFORM INCOMING TEST AND INSPECTION WITHIN SIXTY (60) DAYS OF RECEIPT OF SHIPMENT. FAILURE TO RETURN PRODUCT WITHIN SUCH SIXTY-DAY PERIOD SHALL CONSTITUTE ACCEPTANCE OF THE PRODUCT. IT IS THE SELLER‚S POLICY TO ISSUE CREDIT ONLY FOR UNITS RETURNED WITHIN 60-DAY ACCEPTANCE PERIOD.

5. PAYMENT: PAYMENT BY BUYER OF AMOUNTS INVOICED IS IMMEDIATELY DUE ON THE PASSING OF TITLE AT DELIVERY. PAYMENT THEREAFTER, UP TO AND INCLUDING THE 30TH DAY FROM DATE OF INVOICE, SHALL BE FOR THE NET AMOUNT OF INVOICE. AFTER THIRTY-30 DAYS, THE SELLER WILL COMPUTE AND BILL, AND BUYER AGREES TO PAY, A LATE PAYMENT CHARGE EQUAL TO 1 1/2% PER MONTH OF FRACTION THEREOF IN EXCESS OF THIRTY-30 DAYS FROM DATE OF INVOICE. IN THE EVENT BUYER FAILS TO MAKE PAYMENT WITHIN (30) DAYS, THE SELLER RESERVES THE RIGHT TO SUSPEND CREDIT AND DELAY FURTHER SHIPMENTS UNTIL TERMS ARE MET.

6. WARRANTY:THE SELLER OR WARRANTS EACH PRODUCT OF ITS OWN MANUFACTURE TO BE FREE FROM DEFECT IN MATERIAL OR WORKMANSHIP FOR A PERIOD OF THREE (3) YEARS FROM INITIAL DELIVERY, PROVIDED THE PRODUCT HAS NOT BEEN ALTERED, DAMAGED, ABUSED OR USED IN A MANNER OTHER THAN SPECIFIED BY THE SELLER, UNLESS COMPANY HAS PURCHASED AN EXTENDED WARRANTY. THE SELLER WILL REPAIR OR REPLACE WITHOUT FURTHER

CHARGE DEFECTIVE PRODUCT DETERMINED BY SELLERTO QUALIFY UNDER THIS WARRANTY, PROVIDED THE PRODUCT (S) SHALL HAVE BEEN APPROVED IN ADVANCE BY THE FACTORY FOR RETURN AND THEREAFTER RETURNED, FREIGHT PREPAID. ANY PRODUCT RETURNED FOR REPAIR UNDER THIS WARRANTY AND DETERMINED BY SELLER TO BE WORKING WITHIN SPECIFICATIONS, SHALL BE SUBJECT TO A HANDLING CHARGE OF $35.00. REPAIRS FOR PRODUCT OUT WARRANTY IS AVAILABLE AT APPLICABLE REPAIR CHARGES, CONTACT FACTORY FOR DETAILS.

7. RETURNS: ALL PRODUCT WHICH BUYER MAY WISH TO RETURN UNDER WARRANTY, OR FOR OTHER REASONS, WILL BE ACCEPTED BY SELLERONLY IF RETURNED UNDER THE RETURNED MATERIAL AUTHORIZATION (RMA) PROCEDURE. THIS PROCEDURE REQUIRES THAT THE BUYER CONTACT THE FACTORY IN ADVANCE, REQUEST AND RECEIVE THE RMA NUMBER AND DISPLAY SUCH NUMBER CLEARLY ON THE OUTSIDE OF THE RETURN PACKAGE (S). ASSIGNMENT OF AN

RMA NUMBER AUTHORIZING SHIPMENT TO SELLER IN NO WAY EXPRESSES OR IMPLIES ANY OFFER OF LIABILITY BY THE SELLER OR OTHER THAN FOR CUSTOMARY SAFEKEEPING WHILE IN TSELLER‚S POSSESSION. NO CREDIT WILL BE ISSUED FOR THE RETURN OF UNITS FOR REPAIR, EITHER IN OR OUT OF WARRANTY.

8. LICENSE FEES: SELLER MAY CHARGE LICENSE FEES ASSOCIATED WITH COMMERCIAL-USE EQUIPMENT IF PURCHASER ELECTS TO OBTAIN CERTAIN FUNCTIONALITY ASSOCIATED THEREWITH. FOR COMMERCIAL-USE EQUIPMENT, ASSOCIATED NETWORK SUBSCRIPTION SERVICES ARE AVAILABLE ON AN ANNUAL AND MULTI-YEAR BASIS AS SET FORTH IN THE APPLICABLE SALES QUOTE FORM FOR SUCH COMMERCIAL-USE EQUIPMENT. SELLER, HOWEVER, RESERVES THE RIGHT IN THE FUTURE TO CHARGE LICENSE FEES FOR EQUIPMENT INCLUDING LICENSE FEES FOR NEW: (I) NETWORK SERVICES; (II) MOBILE APPLICATION SUBSCRIPTIONS; AND/OR (III) FOR BUYER USE CERTAIN FEATURES PROVIDED BY THE SELLER FOR A FEE. IN THE EVENT A LICENSE FEE IS

APPLICABLE OR IS SUBSEQUENTLY ESTABLISHED, BUYER SHALL ENTER INTO A SALES ORDER FORM, NETWORK SERVICE AGREEMENT AND/OR OTHER AGREEMENT CONTEMPLATING AN ANNUAL OR OTHER SUBSCRIPTION AND PAY SELLER THE APPLICABLE LICENSE AND/OR SUBSCRIPTION FEES.

9. RESCHEDULING: BUYER MAY, PRIOR TO ACKNOWLEDGED DELIVERY DATE, REQUEST A RESCHEDULE DELAY OF 30-DAYS FROM THE ORIGINAL ACKNOWLEDGED DELIVERY DATE FOR ANY PRODUCT, PROVIDED THAT THE SELLER RECEIVES WRITTEN NOTICE OF SUCH DELAY AT LEAST SIXTY-60 DAYS PRIOR TO THE ACKNOWLEDGED DELIVERY DATE.

10. CANCELLATION: ON ALL PRODUCTS THE BUYER ASSUMES FULL FINANCIAL RESPONSIBILITY ONCE BUYER ORDER HAS BEEN PLACED AND ACCEPTANCE HAS BEEN CONFIRMED. ALL CONFIREMD ORDERS ARE NON-CANCELABLE AND NON-RETURNABLE (”NCNR„).

TURNONGREEN INC. SALES TERMS AND CONDITIONS
THE SALES TERMS AND CONDITIONS REFERENCED HEREIN SHALL SETS FORTH THE TERMS FOR THE SALE AND TRANSFER OF GOODS FROM TURNONGREEN, INC.

AND ITS SUBSIDIARIES (HEREINAFTER THE “COMPANY” OR THE “SELLER”) TO THE BUYER (HEREINAFTER THE “BUYER” OR “PURCHASER”). 634
1421 McCarthy Blvd
Milpitas, CA 95035
United States
Quote# 1192
1/13/2023
1192
4 of 4

11. INSURANCE: BUYER AGREES THAT INSURANCE WILL BE MAINTAINED TO COVER ANY LOSS OR DAMAGE TO SUPPLIER’S PRODUCTS WHILE SAID PRODUCTS ARE IN BUYER’S POSSESSION AND CONTROL. BUYER WILL OBTAIN AND MAINTAIN INSURANCE COVERAGE IN AN AMOUNT NOT LESS THAN THE DOLLAR VALUE OF THE PRODUCTS BASED ON THE PRODUCT PRICE TO BUYER IN EFFECT. INSURANCE COVERAGE SHALL INCLUDE COMPREHENSIVE GENERAL LIABILITY AND PROPERTY INSURANCE.

12. LIMITATION OF LIABILITY: MANUFACTURER’S LIABILITY UNDER OR FOR BREACH OF THIS AGREEMENT SHALL BE LIMITED TO REFUND OF THE PURCHASE PRICE. IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR COSTS OF PROCUREMENT OR SUBSTITUTE GOODS, LOSS OF PROFITS, OR FOR ANY SPECIAL,

CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, NEGLIGENCE OR OTHERWISE.

13. APPLICABLE LAW: THIS AGREEMENT WILL BE GOVERNED BY AND INTERPRETED UNDER THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA..

14. CONTROLLING DOCUMENT: ALL PURCHASE ORDERS FOR PRODUCTS FROM THE BUYER TO SELLER WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

15. ARBITRATION & GOVERNING LAW: IF ANY DISPUTE RELATING TO THESE SALES TERMS AND CONDITIONS DISCLOSURE, BETWEEN THE SELLER AND THE BUYER, IS NOT RESOLVED THROUGH INFORMAL DISCUSSION WITHIN 14 DAYS FROM THE DATE A DISPUTE ARISES, THE PARTIES AGREE TO SUBMIT THE ISSUE BEFORE AN ARBITRATOR. THE DECISION OF THE ARBITRATOR WILL BE BINDING ON THE PARTIES. ANY ARBITRATOR MUST BE A NEUTRAL PARTY ACCEPTABLE TO BOTH THE SELLER AND THE BUYER. THE COST OF ANY ARBITRATION WILL BE SHARED EQUALLY BY THE PARTIES. THIS DOCUMENT WILL BE GOVERNED BY

AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, INCLUDING THE CALIFORNIA UNIFORM COMMERCIAL CODE AND THE SELLER AND THE BUYER HEREBY ATTORN TO THE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA.

16. LIMITATIONS OF LIABILITY: NEITHER SELLER NOR ITS REPRESENTATIVES, OFFICERS, AGENTS, EMPLOYEES, PRINCIPALS OR ASSIGNS, IN EACH CASE WHETHER

CURRENT OR FORMER, IS OR SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST

PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS AND CONDITIONS OR SALE OF GOODS

HEREUNDER, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY PURCHASER OR COULD HAVE BEEN REASONABLY

FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR

RELATED TO SALES OF GOODS HEREUNDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER BY PURCHASER FOR THE APPLICABLE GOODS. 635
1421 McCarthy Blvd
Milpitas, CA 95035
United States
Quote# 1384
1/26/2023
1384
1 of 4
Prepared For:

Douglas Krauss
[email protected]
Company
Douglas Krauss
City of Hermosa Beach
1315 Valley Dr.

Hermosa Beach CA 90254
United States
Customer Ref:

Sales Rep: M.M.

TurnOnGreen is pleased to submit the following proposal for your consideration. This quote may be subject to sales tax.

TOG Part Number Model No Description Quantity Units Unit Price Total Curr
Installation Service &
Permitting
Installation Service
& Permitting
1 EA $29,734.00 $29,734.00 $USD
-Install and commission (8) dual pedestal mounted, (4) Single pedestal level 2 chargers, and if needed all the
necessary electrical and civil infrastructure.
-Pull wire and configure (10) circuits for load
sharing on 40 amp breakers. Assumptions based on site visit:
-SCE will complete "Make ready", which includes but not limited to (Trenching, appropriate sized conduit stub-up, concrete pad for chargers, load center installation, etc).
-Site will have 400 amp panelboard ready for wire termination -ADA requirements are met and will not require parking lot modifications.
-New EV parking will be within 150ft from load center
*Change order will be requested if "Make Ready" portion is not complete and TOG needs to complete said portion.
*Electrical engineering will be required and may require different equipment sizing or additions, which will change price.

Level 2 Pedestal Install - single With Cable management Commission New charger
Existing Panel 120/240VAC prep for new chargers
Dual chargers Material: wire and accessories Single Charger 150ft or Less Material: wire and accessories
wire installation labor Coordination/admin/Mobilization/ Overhead
Subtotal $29,734.00
Tax $0.00
Total $29,734.00
Provisioning and activation of Level 2 units and associated RFID cards.
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1421 McCarthy Blvd
Milpitas, CA 95035
United States
Quote# 1384
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0. Shipping and Tax calculations are not final. Final Rate and Cost will be adjusted at Invoicing

1. Standard terms and conditions of sale apply to all orders placed.

2. All products are Non-Cancellable Non-Returnable (NCNR).

3. Unless otherwise stated, all units are RoHS Compliant.

4. Unless otherwise stated shipping, terms are Ex-Works factory.

5. If tariff incurred at the time of import will be added to the invoice. Standard terms and conditions of sale apply to all orders placed.

6. All blanket orders will be scheduled and consumed within 12 months ARO unless mutually agreed by both parties.

7. Refer to standard terms and conditions on the following page.

8. Standard terms and conditions of sale apply to all orders placed.

If you have any questions, please do not hesitate to contact your Account Manager at 877-634-0982.

I hereby accept this quote under the terms and conditions stated above:

Signature _________________________________________________________       Date ____________________ Name _____________________________________________________________________________ Title ____________________________________________________________________________ Terms & Conditions
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1421 McCarthy Blvd
Milpitas, CA 95035
United States
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1. ACKNOWLEDGEMENT:THIS TERM AND CONDITIONS IS GOVERNING BY THE COMPANY AND INCORPORATED BY REFERENCE IN EVERY QUOTE ISSUED BY THE SELLER OR BY ORDER ACCEPTED BY THE SELLER, EACH ORDER SHALL BE ACCEPTED BY THE SELLER ORDER ACKNOWLEDGEMENT.

2. QUOTED PRICE: PRICES QUOTED DO NOT INCLUDE: APPLIANCE TAXES, IMPORT/EXPORT, TARIFFS AND DUTIES OR FEES RELATED TO SALES OUTSIDE THE EXWORKS. ADDITIONAL CHARGES PAID BY THE SELLER, SHALL BE BILLED TO THE BUYER.

3. DELIVERY: THE METHOD OF SHIPPING AND PACKING SHALL BE IN ACCORDANCE WITH THE SELLER’S THEN CURRENT STANDARDS. TITLE TO AND RISK OF LOSS OR DAMAGE SHALL PASS TO BUYER UPON DELIVERY TO CARRIER. SHIPPING DATES PROVIDED ARE APPROXIMATE ONLY. THE SELLER SHALL NOT BE LIABLE FOR DELAYS IN DELIVERY OR FAILURE TO MANUFACTURE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL.

4. ACCEPTANCE OF EVALUATION OR SAMPLE UNITS: BUYER MAY PERFORM INCOMING TEST AND INSPECTION WITHIN SIXTY (60) DAYS OF RECEIPT OF SHIPMENT. FAILURE TO RETURN PRODUCT WITHIN SUCH SIXTY-DAY PERIOD SHALL CONSTITUTE ACCEPTANCE OF THE PRODUCT. IT IS THE SELLER’S POLICY TO ISSUE CREDIT ONLY FOR UNITS RETURNED WITHIN 60-DAY ACCEPTANCE PERIOD.

5. PAYMENT: PAYMENT BY BUYER OF AMOUNTS INVOICED IS IMMEDIATELY DUE ON THE PASSING OF TITLE AT DELIVERY. PAYMENT THEREAFTER, UP TO AND INCLUDING THE 30TH DAY FROM DATE OF INVOICE, SHALL BE FOR THE NET AMOUNT OF INVOICE. AFTER THIRTY-30 DAYS, THE SELLER WILL COMPUTE AND BILL, AND BUYER AGREES TO PAY, A LATE PAYMENT CHARGE EQUAL TO 1 1/2% PER MONTH OF FRACTION THEREOF IN EXCESS OF THIRTY-30 DAYS FROM DATE OF INVOICE. IN THE EVENT BUYER FAILS TO MAKE PAYMENT WITHIN (30) DAYS, THE SELLER RESERVES THE RIGHT TO SUSPEND CREDIT AND DELAY FURTHER SHIPMENTS UNTIL TERMS ARE MET.

6. WARRANTY:THE SELLER OR WARRANTS EACH PRODUCT OF ITS OWN MANUFACTURE TO BE FREE FROM DEFECT IN MATERIAL OR WORKMANSHIP FOR A PERIOD OF THREE (3) YEARS FROM INITIAL DELIVERY, PROVIDED THE PRODUCT HAS NOT BEEN ALTERED, DAMAGED, ABUSED OR USED IN A MANNER OTHER THAN SPECIFIED BY THE SELLER. THE SELLER WILL REPAIR OR REPLACE WITHOUT FURTHER CHARGE DEFECTIVE PRODUCT DETERMINED BY SELLERTO QUALIFY

UNDER THIS WARRANTY, PROVIDED THE PRODUCT (S) SHALL HAVE BEEN APPROVED IN ADVANCE BY THE FACTORY FOR RETURN AND THEREAFTER RETURNED, FREIGHT PREPAID. ANY PRODUCT RETURNED FOR REPAIR UNDER THIS WARRANTY AND DETERMINED BY SELLER TO BE WORKING WITHIN SPECIFICATIONS, SHALL BE SUBJECT TO A HANDLING CHARGE OF $35.00. REPAIRS FOR PRODUCT OUT WARRANTY IS AVAILABLE AT APPLICABLE REPAIR CHARGES, CONTACT FACTORY FOR DETAILS. NO WARRANTIES WILL APPLY AFTER THE EXPIRATION OF THE APPLICABLE THREE-YEAR WARRANTY PERIOD UNLESS THE BUYER HAS PURCHASED AN EXTENDED WARRANTY FROM THE COMPANY.

7. RETURNS: ALL PRODUCT WHICH BUYER MAY WISH TO RETURN UNDER WARRANTY, OR FOR OTHER REASONS, WILL BE ACCEPTED BY SELLERONLY IF RETURNED UNDER THE RETURNED MATERIAL AUTHORIZATION (RMA) PROCEDURE. THIS PROCEDURE REQUIRES THAT THE BUYER CONTACT THE FACTORY IN ADVANCE, REQUEST AND RECEIVE THE RMA NUMBER AND DISPLAY SUCH NUMBER CLEARLY ON THE OUTSIDE OF THE RETURN PACKAGE (S). ASSIGNMENT OF

AN RMA NUMBER AUTHORIZING SHIPMENT TO SELLER IN NO WAY EXPRESSES OR IMPLIES ANY OFFER OF LIABILITY BY THE SELLER OR OTHER THAN FOR CUSTOMARY SAFEKEEPING WHILE IN TSELLER’S POSSESSION. NO CREDIT WILL BE ISSUED FOR THE RETURN OF UNITS FOR REPAIR, EITHER IN OR OUT OF WARRANTY.

8. LICENSE FEES: SELLER MAY CHARGE LICENSE FEES ASSOCIATED WITH COMMERCIAL-USE EQUIPMENT IF PURCHASER ELECTS TO OBTAIN CERTAIN FUNCTIONALITY ASSOCIATED THEREWITH. FOR COMMERCIAL-USE EQUIPMENT, ASSOCIATED NETWORK SUBSCRIPTION SERVICES ARE AVAILABLE ON AN ANNUAL AND MULTI-YEAR BASIS AS SET FORTH IN THE APPLICABLE SALES QUOTE FORM FOR SUCH COMMERCIAL-USE EQUIPMENT. SELLER, HOWEVER, RESERVES THE RIGHT IN THE FUTURE TO CHARGE LICENSE FEES FOR EQUIPMENT INCLUDING LICENSE FEES FOR NEW: (I) NETWORK SERVICES; (II) MOBILE APPLICATION SUBSCRIPTIONS; AND/OR (III) FOR BUYER USE CERTAIN FEATURES PROVIDED BY THE SELLER FOR A FEE. IN THE EVENT A LICENSE FEE IS

APPLICABLE OR IS SUBSEQUENTLY ESTABLISHED, BUYER SHALL ENTER INTO A SALES ORDER FORM, NETWORK SERVICE AGREEMENT AND/OR OTHER AGREEMENT CONTEMPLATING AN ANNUAL OR OTHER SUBSCRIPTION AND PAY SELLER THE APPLICABLE LICENSE AND/OR SUBSCRIPTION FEES.

9. RESCHEDULING: BUYER MAY, PRIOR TO ACKNOWLEDGED DELIVERY DATE, REQUEST A RESCHEDULE DELAY OF 30-DAYS FROM THE ORIGINAL ACKNOWLEDGED DELIVERY DATE FOR ANY PRODUCT, PROVIDED THAT THE SELLER RECEIVES WRITTEN NOTICE OF SUCH DELAY AT LEAST SIXTY-60 DAYS PRIOR TO THE ACKNOWLEDGED DELIVERY DATE.

10. CANCELLATION: ON ALL PRODUCTS THE BUYER ASSUMES FULL FINANCIAL RESPONSIBILITY ONCE BUYER ORDER HAS BEEN PLACED AND ACCEPTANCE HAS BEEN CONFIRMED. ALL CONFIREMD ORDERS ARE NON-CANCELABLE AND NON-RETURNABLE (“NCNR”).

TURNONGREEN INC. SALES TERMS AND CONDITIONS
THE SALES TERMS AND CONDITIONS REFERENCED HEREIN SHALL SETS FORTH THE TERMS FOR THE SALE AND TRANSFER OF GOODS FROM TURNONGREEN, INC.

AND ITS SUBSIDIARIES (HEREINAFTER THE “COMPANY” OR THE “SELLER”) TO THE BUYER (HEREINAFTER THE “BUYER” OR “PURCHASER”). 638
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United States
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11. INSURANCE: BUYER AGREES THAT INSURANCE WILL BE MAINTAINED TO COVER ANY LOSS OR DAMAGE TO SUPPLIER’S PRODUCTS WHILE SAID PRODUCTS ARE IN BUYER’S POSSESSION AND CONTROL. BUYER WILL OBTAIN AND MAINTAIN INSURANCE COVERAGE IN AN AMOUNT NOT LESS THAN THE DOLLAR VALUE OF THE PRODUCTS BASED ON THE PRODUCT PRICE TO BUYER IN EFFECT. INSURANCE COVERAGE SHALL INCLUDE COMPREHENSIVE GENERAL LIABILITY AND PROPERTY INSURANCE.

12. LIMITATION OF LIABILITY: MANUFACTURER’S LIABILITY UNDER OR FOR BREACH OF THIS AGREEMENT SHALL BE LIMITED TO REFUND OF THE PURCHASE PRICE. IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR COSTS OF PROCUREMENT OR SUBSTITUTE GOODS, LOSS OF PROFITS, OR FOR ANY SPECIAL,

CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, REPUDIATION OF CONTRACT, NEGLIGENCE OR OTHERWISE.

13. APPLICABLE LAW: THIS AGREEMENT WILL BE GOVERNED BY AND INTERPRETED UNDER THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA..

14. CONTROLLING DOCUMENT: ALL PURCHASE ORDERS FOR PRODUCTS FROM THE BUYER TO SELLER WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

15. ARBITRATION & GOVERNING LAW: IF ANY DISPUTE RELATING TO THESE SALES TERMS AND CONDITIONS DISCLOSURE, BETWEEN THE SELLER AND THE BUYER, IS NOT RESOLVED THROUGH INFORMAL DISCUSSION WITHIN 14 DAYS FROM THE DATE A DISPUTE ARISES, THE PARTIES AGREE TO SUBMIT THE ISSUE BEFORE AN ARBITRATOR. THE DECISION OF THE ARBITRATOR WILL BE BINDING ON THE PARTIES. ANY ARBITRATOR MUST BE A NEUTRAL PARTY ACCEPTABLE TO BOTH THE SELLER AND THE BUYER. THE COST OF ANY ARBITRATION WILL BE SHARED EQUALLY BY THE PARTIES. THIS DOCUMENT WILL BE GOVERNED BY

AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, INCLUDING THE CALIFORNIA UNIFORM COMMERCIAL CODE AND THE SELLER AND THE BUYER HEREBY ATTORN TO THE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA.

16. LIMITATIONS OF LIABILITY: NEITHER SELLER NOR ITS REPRESENTATIVES, OFFICERS, AGENTS, EMPLOYEES, PRINCIPALS OR ASSIGNS, IN EACH CASE WHETHER

CURRENT OR FORMER, IS OR SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST

PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS AND CONDITIONS OR SALE OF GOODS

HEREUNDER, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY PURCHASER OR COULD HAVE BEEN REASONABLY

FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR

RELATED TO SALES OF GOODS HEREUNDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER BY PURCHASER FOR THE APPLICABLE GOODS. 639
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 ADDENDUM No. 1
CIP 617 - CIVIC CENTER CHARGING STATIONS Bid No. 23-002 DATE: February 13, 2023
TO: ALL PROSPECTIVE PROPOSERS
Please note the questions and answers for the Request for Proposal indicated below.

PROPOSAL SUBMITTAL: The deadline to submit a proposal HAS NOT changed.

The deadline to submit a proposal is still February 13, 2023.

1. Will the City require employees to pay for charging or will it be offered at no cost? A. Charging will be offered at no cost.

2. Can you confirm that the hand-off for charger installation will include cement pad with stubbed-up conduit and wire pulled to confirm vendor will be bolting down station and terminating wire to install hardware?
A. Yes - pad, stub up and wiring will be in place and vendor will be bolting down and terminating wire to install hardware.
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City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 ACKNOWLEDGEMENT OF ADDENDUM NO. 1
CIP 617 - CIVIC CENTER CHARGING STATIONS Bid No. 23-002 Complete and sign this acknowledgement form. Submit and enclose the acknowledgement in your proposal. Failure to do so may result in disqualification of your firm’s proposal.

The undersigned acknowledges receipt of Addendum No. 1 dated February 10, 2023.

ATTEST: _____________________________________
Principal: _____________________________________
Address: _____________________________________
By: _____________________________________
Title: _____________________________________ Chief Executive Officer Amos Kohn
1421 McCarthy Ave., Milpitas, CA 95035
Turnongreen, Inc.
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We look forward to getting your EV project up and running! Charge Forward
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To New Partnerships!

POWERING

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CHANGE
www.turnongreen.com
© 2022 TurnOnGreen. All rights reserved. TurnOnGreen confidential and proprietary information. 642

CITY OF HERMOSA BEACH

CONSTRUCTION CONTRACT
CIP 617 Civic Center Charging Stations

1. PARTIES AND DATE.

This Contract is made and entered into this 28th day of February, 2023 by and between the City of Hermosa Beach, a public agency of the State of California (“City”) and TurnOnGreen, Inc. a California corporation with its principal place of business at 1421 McCarthy Blvd., Milpitas, CA 95035 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing roadway related construction services and related electrical construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C-10.

2.3 Project. City desires to engage Contractor to render such services for the CIP 617 Civic Center Charging Stations (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Change Orders executed by the City
• 2021 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• The “Contract Documents” for the Prior Project to the extent that they relate to the Work.
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3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than five (5) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before five (5) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or 644
article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within 10 calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Thousand Dollars ($5,000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work 645
necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of sixty five thousand seven hundred thirty-two dollars and seventy-six cents ($65,732.76) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others. 646

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City. 647

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under 648
Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, 649
including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph

3.8.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the 650
proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 651

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay 652
or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. 653

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 654

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures..

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. 655

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the 656
subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or selfinsurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired 657
or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or selfinsurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall 658
name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a Californiaadmitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to 659
an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 660

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required.

Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Contractor shall not be entitled to payment for unperformed Work including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:
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TurnOnGreen, Inc.
1421 McCarthy Blvd.

Milpitas, CA 95035
Attn: Amos Kohn
CITY:

City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Attn: Suja Lowenthal
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

3.17.10 Laws and Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 662

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

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

3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF HERMOSA BEACH
AND TURNONGREEN, INC.

IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 28th day of February, 2023.

CITY OF HERMOSA BEACH TurnOnGreen, Inc.

By: By:

Suja Lowenthal
City Manager Its:

Printed Name:

Approved as to Form:

By:

Patrick Donegan
City Attorney
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