7 unless restricted by an agreement with a Donor, City Council has complete discretion to remove a name or rename a property
MONUMENTS, STATUES + PUBLIC ART
Purpose
To establish formal policies as a guide to the City
Council in considering the placement of a
Monument, Statue or public art on city-owned
land including city facilities and outdoor spaces;
whether and under what circumstances a
desired location would be best suited for the
placement of a Statue, Monument and/or
public art in honor of an individual or family; and
the duration of this placement of a Statue,
Monument and/or public art.
Memorial park benches are not included as part of this policy. These are administered by the Public Works Department and should be contacted directly for further details. The Community Development Department oversees placement of Monuments, Statues and public art on private property.
Guiding Principles
In considering proposals for the placement of a Monument, Statue or public art on city-owned land including City facilities and outdoor spaces, the city will evaluate whether the Monument or public art piece:
• Engenders a strong positive image consistent with the city’s goals and values;
8 • Have historical, cultural, or social significance for future generations; • Commemorate places, people, or events that are of continued importance to the city, community, region, state, or nation; • Have symbolic value that transcends its ordinary meaning or use and enhances the character and identity of the City Asset;
• The location of the Monument, Statue or public art piece is significant in some measurable way to the individual or image depicted; • The individual or image depicted in the art piece have recognizable geographic, topographic, or historical significance associated with Hermosa Beach. In assessing this type of name, the City Council will take into consideration the recommendations from different bodies such as the Planning Commission or the Hermosa Beach Historical Society. • Have broad public support; and
• Not result in the excessive commercialization of the City Asset.
Guidelines
The City Council will consider placement of Statues, Monuments or public art whether submitted by City Council members, city staff, city agencies, Civic Organizations, or by members of the community.
Placement of a Statue, Monument or public art should have recognizable geographic, topographic, or historical significance associated with Hermosa Beach. In assessing this placement location, the City Council will take into consideration the recommendations from different bodies such as the applicable City Commission(s) or local interest groups. Placement may be in honor of persons who have served the nation, the State of California and/or the City of Hermosa Beach in an exceptional and distinguished manner; and where such action is warranted by a contribution or service which is deemed to be of major significance.
Placement of a Statue, Monument or public art in honor of a deceased person shall generally not take place until after a minimum of one-year waiting period unless the City Council determines that there are overriding considerations deviating from this policy guideline. This policy guideline is not intended in any way to reflect on the merits of any deceased individual who may have been a prominent civic leader. However, it is felt appropriate to establish some type of waiting period to ensure that an individual’s accomplishments or contributions will stand the test of time; and that a decision shall not be made on an emotional basis immediately following a person’s death.
9 A Statue and/or Monument may be named after individuals or families who have donated the land or funds for the capital project, particularly if such Naming is set forth as a condition of the Donation. The City Council may approve the placement of a Statue and/or Monument based on an organization or individual’s monetary contribution to the city for that purpose. The funds from that contribution may be used for any purpose deemed appropriate by the City Council unless there is a specified use as a condition of the contribution. The duration of the name is on a case-by-case basis at the discretion of the City Council unless otherwise set forth as a condition of the contribution approved by the Council.
Review Procedure
Consideration of requests for the placement of a Monument, Statue or public art on city-owned land including city facilities and outdoor spaces will include the following:
1. Submittal of Request. Letter requests for Naming of City-owned land, buildings and facilities shall be filed with the City Clerk. Letters shall include clear justification for the request including qualifying information, as outlined below.
2. Sub-committee Review. Upon review by the City Manager and if the request warrants further investigation, it will be presented to the City Council to consider designating a sub-committee consisting of two (2) City Council Members to provide a detailed analysis and recommendation. The Council may also direct any applicable Commission to also create a subcommittee to further assist in the review.
3. Sub-committee(s) Recommendation. The sub-committee(s) will present their recommendations to the applicable body followed by the City Council for a formal review. If the Sub-committee recommends approval, it will also provide a written statement to be preserved as to who the individual is/was and why the naming is taking place.
4. City Council Review. The City Council will make its determination as to the placement of a Statue, Monument or public art on city-owned land including city facilities and outdoor spaces at regularly scheduled meetings. The decision of the City Council will be final.
10 a. In the case the request is denied by the Council, no further action is taken.
b. If the request is approved, staff will begin implementing the Naming of the public facility or outdoor space through execution of a formal agreement.
Signage
Donor or Naming acknowledgement is permitted but must be approved by the City Council prior to installation. This approval will include review of the size, subject matter, overall sign design, materials, location and placement. Signage shall comply with the Sign Ordinance (HBMC 17.50) and adhere to the City’s official logo and branding guidelines. Additionally, the following criteria must also be followed:
• Any physical form of recognition shall not interfere with visitor use or routine operations.
• The form of any on-site recognition shall:
o Be of appropriate size and color within the design scheme of the facility, Monument, Statue or public art piece;
o Not dominate the sign in terms of scale or color; and o Not detract from surroundings or any interpretive messages.
The use of corporate logos and insignias on recognition signs will be considered by the City Council for formal approval prior to installation.
11 Municipal Naming, Monument and Sponsorship
Quick Glance
APPROVAL
NAMING OF PUBLIC
FACILITIES AND OUTDOOR
SPACES
City Council retains sole authority to name Cityowned land, buildings, and facilities.
PLACEMENT OF
MONUMENTS, STATUES, OR
PUBLIC ART
City Council retains sole authority to allow installation of a Monument, Statue or public art to honor or
memorialize a person or family or to celebrate the
culture of the community.
SPONSORSHIP OF CITY
EVENT OR ACTIVITY
The City Manager retains authority to allow for the
Sponsorship of city operated programs. If deemed
necessary by the City Manager, the sponsorship
opportunity would be taken to the City Council for
final approval.
MEMORIAL BENCH
DONATION PROGRAM
The Public Works department accepts, reviews and
administers Memorial Bench Donation requests.
City of Hermosa Beach | Page 1 of 4
Meeting Date: August 13, 2024
Staff Report No. 24-PD-003
Honorable Mayor and Members of the Hermosa Beach City Council
APPROVAL OF A THREE-YEAR CONTRACT WITH STARCHASE
(Police Chief Paul LeBaron)
Recommended Action:
Staff recommends City Council authorize the City Manager to execute a sole source three-year contract with StarChase to purchase GPS Tags for Public Safety System for a total contract amount of $61,710 from the Supplemental Law Enforcement Services Fund (SLESF), approved in the Fiscal Year 2024–25 Budget.
Executive Summary:
The Hermosa Beach Police Department (HBPD) is committed to adopting new strategies and technologies to enhance the investigation and apprehension of offenders. Vehicle pursuits pose significant safety risks to officers, suspects, and the community, often resulting in termination before suspect apprehension to prevent potential injuries.
Offenders are aware of this and frequently exploit it to avoid apprehension. To address this challenge, staff recommends executing a new three-year contract with StarChase to purchase GPS Tags for a total contract amount of $61,710. The expenditure, approved by Council in the FY 2024–25 Budget from the Supplemental Law Enforcement Services Fund, will enable officers to track suspects using real-time GPS technology, providing a safer option for apprehension.
Background:
Senate Bill 719 (Romero), signed into law on October 4, 2005, expanded Penal Code §13519.8 and Vehicle Code §17004.7, providing public agencies immunity from civil liability resulting from vehicle pursuits. Agencies must annually train and obtain signatures from peace officers affirming they received training on pursuit policies reflecting pursuit guidelines from Penal Code §13519.8 to qualify for immunity under Vehicle Code §17004.7. As a result of Senate Bill 719, the Peace Officer Standards and Training Program (POST) assembled law enforcement trainers, managers, and members of the public to update the California Law Enforcement Vehicle Pursuit Guidelines 1995. POST has since reviewed the guidelines and updated them in 2007 and again in 2022.
Since 2022, HBPD has reported 14 officer-initiated vehicle pursuits in the City of Hermosa Beach, with 9 terminated before suspect apprehension. Police pursuits can pose
City of Hermosa Beach | Page 2 of 4
significant dangers to officers, suspects, and community due to the high speeds and the unpredictability of the suspects, leading many police departments to restrict the types of pursuable crimes.
HBPD’s Vehicle Pursuit Policy (Attachment 3) allows pursuits only for violent or dangerous suspects or when an immediate threat to human life exists. Non-violent offenses such as property crimes do not justify pursuits.
Discussion:
HBPD has 13 automated license plate readers (ALPR) throughout the City and numerous security cameras in the Downtown area to assist with investigations and patrol operations.
Patrol vehicles are equipped with a Mobile Vehicle System (MVS) through Axon Enterprises that automatically activates in certain situations, such as when an officer activates the emergency lights on the vehicle. Despite these technologies, a need remains for technology specifically designed to assist officers in vehicle pursuits.
Most vehicle pursuits are terminated due to the “low level” nature of the primary offense, such as property crimes, or factors such as area familiarity, officer skill level, public and officer safety risks, traffic conditions, and vehicle performance capabilities. Considering these factors, the inherent risks of vehicle pursuits, and restrictions within the pursuit policy, staff researched alternative methods to provide the best technology to support HBPD in its efforts to protect the community and safely apprehend offenders. This led to the recommendation that Council approve the purchase of StarChase technology.
GPS Tags for Public Safety System
The StarChase GPS Tags for Public Safety System, used by law enforcement agencies in 30 states, including nearby cities of Culver City, Hawthorne, El Segundo, and Beverly Hills, mitigates the dangers of vehicle pursuits. The system includes a mounting unit on the police vehicle’s fender and GPS tracking tags. When deployed, these tags adhere to the suspect vehicle, providing real-time location data. This allows officers to disengage from the pursuit and monitor the suspect remotely.
HBPD’s dispatch center, South Bay Regional Communications Center, would be able to access the Live GPS tracking and, when needed, the information could be shared across jurisdictions allowing outside agencies to assist in locating and safely apprehending suspects. The system’s real-time remote monitoring enables strategic resource allocation and safer suspect apprehension.
StarChase trains and helps facilitate the implementation of its software and equipment to ensure all users understand the full functionality of its technology. The technology would not only assist HBPD in preventing, deterring, and solving crimes but also mitigate the
City of Hermosa Beach | Page 3 of 4
risks associated with vehicle pursuits, ensuring the safest possible outcome for officers, suspects, and the community.
The US Department of Justice Community Oriented Policing Services and the National Highway Traffic Safety Administration partnered with the Police Executive Research Forum (PERF) and the Pursuits Working Group to develop guidance for all types of law enforcement agencies to consult when developing or revising their vehicle pursuit policies. The publication outlines the advantages of GPS tagging and highlighted StarChase based on the product’s positive results and feedback. The National Institute of Justice’s study found that, on average, suspects “tagged” with StarChase GPS trackers slowed down to speeds within 10 miles of the posted speed limit in less than two minutes and apprehension rates for the tagged vehicles exceeded 80 percent. Most importantly, there were no injuries, fatalities, or property damage resulting from “tagging” vehicles.
All data from the GPS tags is securely stored in a cloud-based system for 30 days, owned by HBPD and not shared externally unless for legitimate law enforcement or public safety purposes, such as criminal investigations.
There have been no successful legal challenges based on the system’s design, as its use falls under the Fourth Amendment, Exigent Circumstance, and Vehicle Exception (Carroll v. US, 1925). If probable cause exists to search or seize evidence, a warrant is not needed to conduct the search/seizure.
Sole Source Provider
StarChase is the sole provider of this type of vehicle pursuit technology. HBPD researched alternative products, but no other pursuit mitigation technology enables a patrol vehicle to deploy a GPS tracking tag onto a moving suspect vehicle. Under Hermosa Beach Municipal Code section 3.12.070, the City may dispense with its traditional bid procedures when the commodity can be obtained only from one vendor.
Staff requests City council approval to execute a sole source three-year contract with StarChase for $61,710 from SLESF.
Environmental Review
This agreement has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs Section 15378.
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:
City of Hermosa Beach | Page 4 of 4
Public Safety Element
Goal 5. High quality police and fire protection services provided to residents and visitors.
Policies:
5.3 Use of technology. Provide and use smart surveillance technology and communication systems to improve crime prevention and inform the community regarding actions to take in case of emergency.
5.1 Crime deterrence. Regularly evaluate the incidence of crime and identify and implement measures to deter crime.
Fiscal Impact:
StarChase provided HBPD with a pricing quote (Attachment 1), which includes the mounted launcher, the three-year software subscription and GPS tracking projectiles, 12- month warranty, vehicle installation, and training. A total of $61,710 was approved in the Fiscal Year 2024–25 Budget from the Supplemental Law Enforcement Services Fund for the purchase and contract.
Agreement Request
Contract Request Amount FY 2024-2025 Budget
Dept. Account # Total Contract Amount
StarChase $61,710 153-2106-5405 $61,710
Attachments:
1. StarChase Pricing Quote
2. StarChase Terms and Conditions
3. Hermosa Beach Police Department Vehicle Pursuit Policy O3.20 Respectfully Submitted by: Eric Cahalan, Police Sergeant Concur: Paul LeBaron, Police Chief
Noted for Fiscal Impact: Viki Copeland, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager
Bill To :
CA - Hermosa Beach Police Department
540 Pier Avenue
Hermosa Beach, California, 90254
United States
Ship To :
CA - Hermosa Beach Police Department
540 Pier Avenue
Hermosa Beach, California, 90254
United States
Quote# 00015208
Date: Jul 2, 2024, 10:05 AM
Sales Representative: Cary Goldberg
Phone: (925) 570-3698
Email: [email protected]
Product Code Product Description Qty. MSRP Unit
Price
Extended
Price Total
23-SC-VML-BL
GUARDIAN - VX (1) Vehicle
Mounted Launcher System - Black,
(1) Interior Console, (1) Remote
Key Fob and 24 Month
Manufacturer Warranty.
5 $5,990.00 $5,990.00 $29,950.00
23-SC-TSP-T3
GUARDIAN - VX Total Solution
Package: 36 Months Unlimited
Subscription GPS Live Tracking
Projectiles, CoreView Mapping,
Data and User Access. Annual
Base Rate = $1,320.00
5 $3,960.00 $3,960.00 $19,800.00
23-SC-WARR-12-YR3
GUARDIAN - VX 12 Month Limited
Manufacturer Warranty Extended
(labor not included). Extended
Warranty - Year 3
5 $375.00 $327.75 $1,638.75
23-SC-INSTALL GUARDIAN - VX Vehicle
Installation Per Unit (INCONUS). 5 $995.00 $702.00 $3,510.00 23-SC-TRAIN
GUARDIAN - VX On-Site Dispatch
and Operator Train the Trainer
Module, (1) Shot Box 12 included
(INCONUS).
1 $4,000.00 $3,500.00 $3,500.00
Subtotal : $58,398.75
Shipping & Handling : $465.55
Tax : $2,845.25
Customer Name:__________________
Signature:_______________________
PO Number:______________________
DATE:___________________________
Grand Total: $61,709.55
To Review and download a copy of our product terms
and conditions please Click Here
SPECIAL NOTES :
Quote includes (5) VMLs and (3) years of discounted TSP for each system, as well as an additional year of extended warranty. Quote includes all training and all installs. Agency would be certified and responsible for additional installs, if desired. Quote includes 9.5% sales tax and shipping. Agency to advise if tax rate is different.
Terms & Conditions
Article 1 PRICING AND ORDERING
1. Pricing is set forth as provided in a formal, enumerated quotation, by an authorized StarChase representative.
(1) Prices are fixed for the initial term of the Agreement. (2) Prices for additional engineering/installation services other than those specified in an enumerated quotation; needed to install or operate StarChase equipment and/or other accessories supplied pursuant to this Agreement are established under this Agreement on an hourly basis at the then current rates.
2. Product refers herein to all StarChase related launcher systems, hardware, component, and accessories.
3. Service(s) refers herein to all StarChase related technical services, support, maintenance, training, web-based mapping, cloud-based storage, or proprietary applications.
4. Product Code refers to the alphanumeric identifier of all StarChase Products and Services.
5. Product Description refers to the specific StarChase Products and Services being provided.
6. Manufacturers Suggested Retail Pricing (MSRP): refers to the standard price offered to the Customer without any additional discounts.
7. Extended Price. refers to the final offered price to the Customer per specified Products and Services line item after discounts have been applied.
8. Purchase Orders. Customer shall purchase only those Products/Services set forth on Orders duly issued by an authorized representative of Customer’s Purchasing Department. Each Order shall, at a minimum, specify the following information for each Product/Service listed thereon:
(1) Product Code
(2) Product Description.
(3) Quantity ordered.
(4) Extended Price per line item
(5) Grand Total of purchase
(6) Shipping instructions with delivery destination and one or more points of contact clearly marked “to the attention of:”
9. Purchase Orders shall be submitted to StarChase in writing and may be sent electronically, by facsimile, or by mail. Scanned electronic delivery is the preferred method.
10. Purchase Order Acceptance. Unless the Customer is notified to the contrary, in writing, within fifteen (15) days following the day StarChase’s financial department receives an Order from the Customer. StarChase will be deemed to have accepted the Order for the specified Products/Services. StarChase agrees that it will not unreasonably refuse acceptance of any Order issued by the Customer pursuant to this Agreement. Each Order will be deemed to be incorporated as part of this Agreement upon Customer’s issuance thereof. However, any pre-printed terms and conditions set forth on the Order or any other document submitted by Customer will be null and void, unless previously negotiated and mutually accepted in writing between StarChase and Customer.
Article 2 SHIPMENT AND DELIVERY
1. Packing - Unless otherwise agreed in writing by the Parties, all Products shall be prepared, marked (bar coded where possible), and packed for shipment in accordance with StarChase’s standard packing procedures.
2. Shipping - Customer will be responsible for all transportation charges for the Products. StarChase will not make partial shipment of individual components of Products without prior written approval from the Customer. In the absence of shipping instructions, StarChase shall select a carrier.
3. Delivery and Risk of Loss. StarChase shall comply with any reasonable special shipping instructions provided by the Customer. Unless otherwise agreed upon in writing, delivery under this Agreement shall be complete upon transfer of possession to a common carrier, FOB Origin (Virginia Beach, Virginia), whereupon all risk of loss, damage, or destruction of the Products or other items delivered to Customer under this Agreement shall pass to Customer.
Article 3 ACCEPTANCE BY CUSTOMER
In General, unless the parties have previously agreed upon alternative acceptance criteria for the Products, as specified in writing and set forth in the applicable Order, Products delivered to Customer will be subject to the acceptance procedure set forth in this Article (3). The provisions of this Article (3) will also apply to all replacement Products.
1. StarChase Installation. Acceptance of Products and Services that StarChase is responsible to install shall occur upon the following:
(1) completion of StarChase's standard installation procedures that demonstrate conformance to StarChase's applicable publicly available written specifications in effect at the time of delivery; and
(2) successful demonstration that the Products meet StarChase's written specifications, if any, as mutually agreed upon by the parties in writing prior to the time of Order.
2. Customer Installation (StarChase Certified Customer fleet technicians or StarChase Certified Customer third-party upfitters). With respect to Products and Services which are Customer's responsibility to successfully complete, Customer will have a period of fifteen (15) days from receipt of Product by Customer to test such Products to assure that they:
(1) successfully operate in conformance to StarChase's applicable publicly available installation and operation specifications in effect at the time of delivery; and
(2) successfully demonstrate that they meet the Customer’s written specifications, if any, as mutually agreed upon by the parties in writing prior to the time of the Order.
(3) unless StarChase has been notified by the Customer that such Products do not conform to such specifications, such Products will be deemed to have been accepted by the Customer at the end of the fifteen (15) days’ time period.
3. Adjustments and Replacements. Upon written notification of a Product’s nonconformance, StarChase will, at its expense, promptly adjust, repair, or replace the Product(s) as required so that they can be accepted in accordance with the provisions of this Article (3).
4. Required Certified Installation – Installation of StarChase Hardware must be performed by a StarChase Certified technician, StarChase Certified customer agency technician, or StarChase Certified third-party technician. Installations performed by any technician that is not StarChase Certified will immediately void the original or extended warranty of StarChase hardware.
5. Guardian-HX hand-held product, Customer Acceptance is defined as successful receipt of product in good working order (see Article 2 SHIPMENT AND DELIVERY).
Article 4 BILLING AND PAYMENT
In general, all invoices will be submitted to the Customer provided “Bill To” address on each original Purchase Order as required.
1. Billing (Product) - StarChase will invoice Customer for all Products (hardware) at the time of shipment. StarChase will provide an invoice for each Order containing the following information:
(1) Product Code
(2) Product Description
(3) Product quantity ordered
(4) Delivery Destination
(5) Purchase Order Number
(6) Extended Purchase Price for each Product
(7) Total Purchase Price (Products)
(8) Applicable Taxes (Products)
(9) Shipping Charges
2. Billing (Services) – StarChase will invoice Customer for all Service-related Products (installations, training, maintenance labor) upon rendering. StarChase will provide an invoice for each Order containing the following information:
(1) Product Code
(2) Product Description
(3) Product quantity ordered
(4) Purchase Order Number
(5) Extended Purchase Price for each Service-related Product (6) Total Purchase Price (Services)
(7) Applicable Taxes (Services)
3. Total Solutions Package (TSP). Annual Subscription is applicable per launcher on an annual basis. TSP Term begins 30 days upon receipt of Hardware by Customer.
4. Payment. Subject to the terms and conditions contained herein, Customer will remit payment of the Purchase Price due hereunder, less any applicable discounts or offsets, for each Product within thirty (30) days of Customer’s receipt of the Invoice, therefore.
5. Late Payment. Any payment which is past due and caused by reasons attributable to Customer will be subject to a monthly charge at the rate of one and one-half percent (1.5%) per month of the amount due or the maximum rate permitted by law, whichever is lower.
Article 5 OBLIGATIONS OF CUSTOMER
1. Customer agrees that it has a duty to become familiar with the operational and technical requirements set forth by StarChase and to advise, and hereby warrants that it has advised, StarChase of any requirements, including, internet access, data storage, installation requirements outside the normal scope, installation change orders, modifications, alterations, special construction or any other requirement necessary to provide delivery, implementation and operation of such StarChase equipment and/or services, or other items to achieve optimal performance. Customer further agrees that, for all such equipment and/or services provided by StarChase, it has made StarChase aware of any modifications or alterations needed, and StarChase agrees to provide all such equipment and/or services for the prices submitted to Customer in the Agreement.
If Customer identifies any unforeseen discrepancy that impairs the performance of the hardware systems and/or accessories any amendments/change orders to rectify the impairment must be specifically authorized by StarChase in writing.
2. Customer agrees to promptly notify StarChase of any transfer of hardware units to other vehicles and agrees to obtain the required transfer kit in order to maintain product warranty.
3. Customer agrees to comply with Guardian-HX Operating Manual. Failure to follow all safety precautions and handling requirements may result in forfeiture of warranty claims.
4. Required Installation Checklists. Customer agrees to provide all pre and post vehicle information and installation checklists (per vehicle). Further, the Customer agrees to provide written notification of any vehicle launcher system transfers (and to purchase necessary transfer kits) with the aforementioned checklists provided post-installation.
5. Customer agrees to return used rounds (GPS and Training) within 30 days upon request by the StarChase Service & Delivery Department. Continual non-compliance will result in a delay of future replenishment rounds.
Article 6 LIMITED WARRANTY
1. Limited Warranty. StarChase hereby represents and warrants that StarChase Hardware will be free from manufacturing defects and in good operating condition in accordance with StarChase's publicly available written specifications in effect at the time of delivery and:
(1) is authorized to manufacture and sell StarChase Hardware and any thirdparty hardware used in the assembly thereof. (2) is authorized to utilize the StarChase firmware and any third-party firmware embedded in StarChase Hardware to Customer.
(3) affirms that all Products provided are genuine and authentic. (4) Products are new and unused (may contain remanufactured components that will operate as new).
(5) Customer is responsible for all labor costs associated with warranty claims.
2. Limited Warranty Period. StarChase provides a limited one-year warranty on each new Product purchased. Limited Warranty period begins as follows:
(1) Guardian-VX – upon successful installation of each new system or within 30 days of receipt of hardware; whichever comes first.
(2) Guardian-HX – upon Customer receipt
3. Extended Warranty. Customers may purchase additional years of extended warranty coverage under the same provisions provided under this Article (6) during years 2-5 (beginning with the initial one-year warranty start date) either. (1) at the time of initial purchase
(2) annually during TSP Renewal but prior to expiration of existing term
(3) or multiple years in advance at any given time during an existing term which Products are under warranty
(4) additional warranty options (beyond year 5) will be determined on an individual case basis
4. Installation/Maintenance Warranty Remedies. If upon installation (Guardian-VX) or customer acceptance (Guardian-HX) the StarChase Hardware and/or StarChase firmware is not performing in accordance with StarChase's publicly available written specifications or the mutually agreed upon specific acceptance criteria, the warranty periods specified in (2. and 3.) above will be extended for the period it takes StarChase (or Authorized Contractor) to make the necessary adjustments, repairs or replacements.
StarChase will, at its sole option, cost, and expense, promptly adjust, repair, or replace the Products that do not conform to the warranties specified herein or re-perform Maintenance Services as required to satisfy the warranties specified herein.
5. Replacement Parts. Any replacement of StarChase Hardware or part during the warranty period will be comparable in function and performance to the replaced original StarChase Hardware or part. Customer responsibilities include:
(1) prompt return of the warrantied Hardware or part.
(2) StarChase is responsible for the shipping charges associated with the warrantied replacement of Hardware and parts shipped to customer as part of the limited warranty service.
(3) Service to StarChase Hardware must be performed by a direct StarChase certified technician, StarChase certified customer technician, or StarChase certified third-party technician.
(4) Customer will not make any returns to StarChase without first obtaining a written Return Merchandise Authorization (RMA) number by emailing [email protected]
(5) All Products for return shall be marked with an RMA number issued by StarChase to enable tracking.
(6) Customer will be invoiced with the purchase price of defective equipment not returned within 30 days of RMA initiation date.
6. Returns / Refunds. Products purchased from StarChase will be accepted for return without a restocking fee if received within thirty (30) days after receipt and subject to the terms herein. Products older than 30 days will be subject to a 35% restock charge less the full purchase price. Custom and discontinued items are non-returnable/refundable.
To submit a Return Request:
(1) email [email protected] to obtain Return Merchandise Authorization (RMA).
(2) original purchase order number must be provided along with a brief explanation for return / refund request.
(3) customer will receive request acknowledgement within 24 hours of submission (upon return approval an RMA number will be issued).
Return Material Handling:
(1) Please include a copy of the Return Authorization form with the merchandise being returned.
(2) Returns must be in original packaging and condition. (3) Material must be packed in a manner that will protect it from damage in transit.
(4) Material received by StarChase that is not in its original condition may be subject to a restocking fee or deemed non-returnable. (5) Return shipping costs are the responsibility of the customer. (6) Traceable shipping methods are required such as UPS or FedEx.
Always retain a record of the tracking number(s).
(7) Lost packages and freight claims are the responsibility of the customer.
Return Material Credit:
(1) Returned material is subject to inspection. After material confirmation, credit will be issued within 30-45 days.
(2) When possible, credit will be issued in the same manner as the original payment method.
(3) Damaged material may not receive full credit.
(4) Materials returned, not in original or unused condition, will be subject to a restock charge and/or deemed non-returnable.
8. Restrictions on Warranty. StarChase Limited Warranty is non-transferrable. The limited warranties set forth in this Article (6) do not apply under the following:
(1) a product subject to misuse, accident, neglect, or damage. (2) interoperation with third party products not recommended or approved by StarChase in writing.
(3) Any maintenance performed by a non-StarChase Certified technician without the expressed written consent and at the discretion of StarChase. (4) use of StarChase Products in an environment or in a manner or for a purpose for which the StarChase Products were not designed; or Customer's failure to implement all previously supplied firmware or physical hardware updates.
9. Batteries / Charging Systems. Batteries and charging systems are excluded from this warranty but carry their own separate limited Mfg. warranty.
10. Any alteration of the Guardian-VX or Guardian-HX original manufactured product or third-party components (compressors, launcher, batteries, or accessories) or use of
unauthorized internal and or external components and attachments without written consent and at StarChase’s discretion will void the warranty.
Article 7 MAPPING ACCESS & DATA
In general, all Customer data transactions performed within the CoreVeiw mapping platform (including API integrations) are hosted on AWS GovCloud Compliant infrastructure. StarChase does not capture or store any Personal Identifiable Information (PII) at any time.
(1) GPS Module Datapoints captured: Latitude/longitude, speed, battery life (% remaining).
(2) Data is secured while in transition and at rest via the following security/encryption methodologies:
• Data in Transit: HTTPs & TLS1.2
• Data at Rest: AES 256Bit
• Passwords: SHA 256bIT-1 w/Salt
(3) Data is stored/encrypted in AWS GovCloud Compliant infrastructure with redundancy and failover mechanisms predetermined.
(4) Data is retained by default, for a period of 3 years unless otherwise stated in writing by the Customer. Specific terms of retention that deviate from this standard must be agreed upon in writing and executed by authorized signatures from Customer agency and StarChase. Once the retention period has expired, agency data is deleted from all storage resources.
(5) StarChase’s CoreView Mapping Platform is web-based. No proprietary software or plugins are required. CoreView is viewable on any internet accessible device with StarChase provided login credentials.
(6) StarChase will provide, upon request, certified copies of historical downloads for court admissibility purposes.
(7) CoreView accessibility levels (view only & administrative) are determined by Customer agency Super User (predetermined Customer POC). (8) CoreView’s “Share View” feature allows Customer users to share an active event with outside agency POC’s via an email weblink. Accessibility is solely dependent on the Customer and the sharing agency’s Internet connectivity and security policies.
(9) Cross-jurisdictional access to CoreView requires a fully executed agreement between direct StarChase Customer agency and agency specifically named (regardless of named agency’s status as a StarChase Customer). (10) Access to CoreView real-time mapping platform and to historical data requires an “active” Customer status (Annual subscription -TSP paid in full). (11) Customer Termination must be done in writing. Customer will have a period of 30 days to download historical data prior to it being deleted by StarChase. StarChase will not be responsible for any data that is not retrieved prior to or after this date.
Article 8 TOTAL SOLUTIONS PACKAGE (TSP)
In general, Customers must purchase an annual TSP (1–5-year options) in order to maintain an active account status. An annual TSP is required for each launcher system and provides the following:
(1) Unlimited GPS rounds
(2) Fixed-cost annual subscription per system (Customer is not responsible for any data charges incurred by StarChase).
(3) Initial purchase training rounds per launcher system: (4) for Guardian-VX and (4) for each Guardian-HX purchased.
(4) Annual TSP Renewal training rounds allocated per launcher system: (2) per Guardian-VX and (2) for each Guardian-HX.
(5) Tech Support
(6) Unlimited number of user access credentials to CoreView real-time mapping
(7) Unlimited user access to CoreView real-time mapping (view and admin users)
(8) Unlimited data storage
(9) Unlimited Case analysis and downloads
Article 9 STANDARD SCOPE OF WORK (GUARDIAN-VX)
1. Vehicle Launcher System (4 components / 1 accessory):
(1) launcher (either in-grille or on push bumper)
(2) micro-compressor (under hood mount)
(3) computer box (under hood mount)
(4) control panel (interior console or other specified location inside the vehicle)
(5) Remote Key Fob
2. Installation – performed on-site by StarChase employed technicians. Agency fleet technicians or third-party upfitter on-site training and certification will be provided if requested prior to installation date. Customer agency is provided a Certificate of Insurance (COI) upon written request by customer agency with appropriate recipient/entity information, prior to or after receipt of purchase order. Vehicle Checklists, post-installation documents, and installation guide provided upon completion. Additional system specification sheets provided to the agency’s designated StarChase Program Manager and fleet services manager or third party upfitter. The Guardian-VX system is designed to easily repair or replace individual components – individual component price list provided upon request.
3. Train the Trainer Module (2 components):
(1) On-site training conducted by certified StarChase Trainers, this includes classroom and behind-the-wheel training which is pre-planned with designated Customer contact (typically EVOC Instructor). Coordination includes review of Customer agency training and safety guidelines, StarChase Operator Training Syllabus (classroom and practical on-track/controlled environment system use), and EVOC policy review to ensure conformity by StarChase trainers. Complete instruction of registering GPS tags, daily launcher inspections, effective system use, and CoreView mapping (view/administrative use, case analysis, and downloading). Evolution: 1 day (may be extended if number of operators exceeds 8 per session). Training rounds provided for entire evolution. (2) Dispatch training: coordinated classroom review for dispatchers, communication managers, and RTCC personnel of CoreView mapping features and functions. Evolution: 1/2 day.
Article 10 INDEMNIFICATION
1. Intellectual Property Claims. With respect to StarChase Products, StarChase hereby agrees to indemnify, defend (with counsel satisfactory to Customer) and hold Customer harmless from and against any third party claim, suit, action or proceeding that the StarChase Products infringe any patent, copyright, trade secrets or other proprietary right, and pay all amounts agreed upon in settlement, costs, expenses (including attorney's fees) and the resulting judgments and damages finally awarded against Customer by a court of competent jurisdiction. In connection with StarChase's indemnification obligation pursuant to this paragraph, Customer shall provide StarChase with.
(1) prompt notification in writing of such claim,
(2) sole control over the defense and settlement thereof, and (3) reasonable cooperation, at StarChase's expense, in response to a StarChase request for assistance.
Customer shall be entitled to participate in the defense of any such claim at its own expense including its attorney's fees for which StarChase will not be responsible.
2. Remedies. If Customer is enjoined, or is otherwise prohibited, from using StarChase Products, as a result of or in connection with any such claim, suit, action or proceeding, or should StarChase Products become or in StarChase's opinion likely to become, the subject of such a claim, suit, action or proceeding, StarChase shall, at its option and expense;
(1) modify StarChase Products so that they become non-infringing and nonviolative, without diminishing the usefulness of StarChase Products to customer.
(2) procure for Customer the right to make continued use thereof; or (3) if neither (1), (2) or (3) can be accomplished on commercially reasonable terms, request the return of the StarChase Products at StarChase's expense and upon receipt, promptly refund to Customer as appropriate, less a reasonable amount for past usage, or a pro rata amount of the purchase price for the returned StarChase Products, taking into account the useful life and depreciated value of the StarChase Hardware as determined by Customer in accordance with its normal accounting practices (e.g., three (3), four (4) or five (5) years as applicable).
3. Limitations. StarChase shall have no liability to the extent the alleged infringement is based on:
(1) the use of StarChase Products in combination with third party products not furnished by StarChase or not recommended or approved in writing by an authorized representative of StarChase.
(2) StarChase Products used for a purpose or in a manner for which the StarChase Product was not designed.
(3) use of any older version of the StarChase firmware when use of a newer StarChase revision made available and known to Customer would have avoided infringement.
(4) any modification to the StarChase Product not made by StarChase or made without StarChase's written approval.
(5) any unique custom StarChase application made by StarChase pursuant to Customer's specific instruction; or
(6) any intellectual property right owned or licensed by Customer.
THE PROVISIONS OF THIS ARTICLE 7 STATE CUSTOMER'S SOLE AND
EXCLUSIVE REMEDY AND STARCHASE'S ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS WITH RESPECT TO STARCHASE PRODUCTS.
4. Mutual. Each party hereby agrees to indemnify and hold the other ("Indemnified Party") harmless from and against any and all damages, losses, judgments, settlement amounts, costs and expenses (including attorney's fees) that the Indemnified Party may suffer or incur that arise out of, are in connection with, or result from bodily injury (including death), personal injury or damage to tangible property to the extent that such damage or injury are caused by, arise out of, are connected with or result from its acts, negligence or willful misconduct or that of its employees, agents, or subcontractors. In connection with each party's indemnification obligations pursuant to this paragraph, the Indemnified Party shall provide the other party with:
(1) prompt notification in writing of the claim.
(2) sole control over the defense and settlement thereof; and (3) reasonable cooperation, at the other party’s expense, in response to the other party’s request for assistance.
5. Third Parties. StarChase hereby passes through to Customer the benefits of any indemnification from the third party (e.g., patent; copyright, trade secret or other proprietary rights infringement indemnification) with respect to firmware embedded in the StarChase Hardware and Third-Party Products to the extent such indemnification may be passed through to Customer.
Article 11 FORCE MAJEURE
In general, StarChase shall not be liable for delays or lack of performance if the failure to fulfil this Agreement arises out of causes beyond the control and without the fault or negligence of StarChase. The Customer shall not be liable for any breach of Agreement if the breach arises out of causes beyond the control and without the fault or negligence of the Customer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the state and federal governments in either their sovereign or contractual capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of StarChase or the Customer.
1. Subcontractors. If the failure to perform is caused by the default of a subcontractor, and such default arises out of causes beyond the control of both StarChase and subcontractor, and without the fault or negligence of either of them, StarChase shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit StarChase to meet the required delivery schedule.
Article 12 DISPUTE RESOLUTION
Mindful of the cost in time, energy, and money of resolving a dispute by litigation, the parties agree that the sole and exclusive procedure for the resolution of a dispute shall be as follows:
(1) Informal Negotiation. The parties shall attempt in good faith to resolve promptly any dispute not resolved in the regular course of business by informal negotiations between senior representatives of the parties having direct responsibility within their respective organizations for the administration of this Agreement.
(2) Formal Negotiation. if such informal negotiations do not result in resolution of the dispute, either party may initiate further negotiations by delivery to the other of a written notice. Within ten (10) days following the receipt of any such notice, the recipient party shall deliver to the initiating party a written response of the notice. Each such notice and response shall include the party’s description of the dispute (including any suggestions for the resolution of the dispute), and designation of a senior representative who will represent the party in further negotiations, who shall have authority to resolve the dispute on behalf of such party. The designated representatives shall meet on at least one occasion (and
may meet as often as they deem necessary), at a mutually acceptable time and place, and attempt in good faith to resolve the dispute.
1. Arbitration. If, within thirty (30) days following the initial written notice described above, the formal negotiation has not produced a resolution of the dispute, either party may submit the dispute to be resolved by arbitration by one arbitrator (“Arbitrator”) in accordance with the rules of the American Arbitration Association, applicable law and the provisions of this Agreement. StarChase shall have the sole discretion to appoint the Arbitrator; provided, however, that the Arbitrator
(1) shall not be a current or former employee of the parties. (2) shall have sufficient expertise in the subject matter of the dispute; and (3) shall not receive any payments from the parties except in accordance with the provisions stated above
The Arbitrator shall not in any event award punitive or exemplary damages but may award equitable relief and arbitration costs. The Arbitrator’s decisions shall be final and conclusively binding on the parties, and judgment upon such award may be entered in any court of competent jurisdiction. Any arbitration of a dispute shall be held in Virginia Beach, Virginia.
2. Specific Enforceability. The parties may prevent violations or enforce the provisions of this Agreement through all rights and remedies existing in their favor, whether at law or in equity, including specific performance and injunctive relief. The parties agree that the subject matter of this Agreement is unique and that money damages may not be an adequate remedy for any violation of the provisions of this Agreement and that, notwithstanding this Article 14, any party may apply to any court of law or equity, which is of competent jurisdiction, for equitable relief and shall be entitled to specific performance or other equitable relief to enforce or prevent any violations of this Agreement.
3. Injunctive Relief. Customer acknowledges that, in the event of a breach or threatened breach by Customer of any of the provisions of this Agreement, StarChase will not have an adequate remedy in money or damages. StarChase shall therefore be entitled to obtain injunctive relief against any such breach or threatened breach by Customer in any court of competent jurisdiction. StarChase’s rights hereunder shall not in any way be construed to limit or restrict its right to seek or obtain other damages or relief under this Agreement or under applicable law.
4. Cumulative Remedies. No right or remedy in this Agreement is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to herein or otherwise available to a party at law or in equity; and the exercise by a party of any one or more of such remedies shall not preclude the simultaneous or later exercise by a party of any or all such other remedies.
5. Attorney’s Fees. The reasonably prevailing party shall be entitled to recover its reasonable attorney’s fees and costs incurred in any dispute arising out of this Agreement, including at trial and on appeal, and including reasonable attorneys’ fees and costs incurred in any action brought solely to recover attorneys’ fees and costs to which it is entitled pursuant to this paragraph.
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HERMOSA BEACH POLICE DEPARTMENT
O3.20 VEHICLE PURSUITS Effective 7/01/2008
Updated 12/21/2020
PURPOSE AND SCOPE
This policy provides guidelines for vehicle pursuits in order to protect the safety of involved officers, the public, and fleeing suspects.
(CALEA 41.2.2a)
POLICY
It is the policy of this department to balance the importance of apprehending suspects who unlawfully flee from law enforcement against the risks associated with vehicle pursuits.
I. DEFINITIONS
Pursuit Intervention - An attempt to stop the suspect’s ability to continue to flee in a vehicle through tactical application of technology, the PIT (known as Pursuit Intervention Technique or Precision Immobilization Technique), or ramming.
Pursuit Intervention Technique (PIT) - A low-speed tactic intentionally applied to cause the suspect vehicle to spin out and terminate the pursuit.
Ramming - The deliberate act of impacting a suspect’s vehicle with another vehicle to functionally damage or otherwise force the suspect’s vehicle to stop.
Terminate - To discontinue a pursuit or stop chasing fleeing vehicles.
Trail - Following the path of the pursuit at a safe speed while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing vehicle will maintain sufficient distance from the pursuit vehicles so as to clearly indicate an absence of participation in the pursuit
Vehicle Pursuit - An event involving one or more law enforcement officers attempting to apprehend a suspect, who is attempting to avoid arrest while operating a motor vehicle by using high-speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving in a legal manner but willfully failing to yield to an officer’s signal to stop.
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OFFICER RESPONSIBILITIES
Vehicle pursuits shall only be conducted using authorized police department emergency vehicles that are equipped with and displaying emergency lighting and sirens as required by Vehicle Code § 21055. Officers are responsible for continuously driving with due regard and caution for the safety of all persons and property (Vehicle Code § 21056). (CALEA 41.2.2b)
I. WHEN TO INITIATE A PURSUIT
Officers are authorized to initiate a pursuit when the officer reasonably believes that a violent or dangerous suspect, who has been given appropriate signal to stop by a law enforcement officer, is attempting to evade arrest or detention by fleeing in a vehicle or when an immediate and articulable threat to human life exists. Officers shall not initiate a vehicle pursuit when the only known offense(s) is an infraction.
Officers should not initiate a pursuit for non-violent offenses such as property crimes and auto theft (10851 VC) regardless of the crime classification.
Factors that should be considered in deciding whether to initiate a pursuit include:
(a) The seriousness of the known or reasonably suspected crime and its relationship to community safety.
(b) The importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to officers, innocent motorists and others.
(c) The safety of the public in the area of the pursuit, including the type of area, time of day, the amount of vehicular and pedestrian traffic (e.g. school zones) and the speed of the pursuit relative to these factors.
(d) The pursuing officers’ familiarity with the area of the pursuit, the quality of radio communications between the pursuing units and the dispatcher/supervisor and the driving capabilities of the pursuing officers under the conditions of the pursuit.
(e) Whether weather, traffic and road conditions unreasonably increase the danger of the pursuit when weighed against the risk of the suspect’s escape (f) Whether the identity of the suspect has been verified and whether there is comparatively minimal risk in allowing the suspect to be apprehended at a later time.
(g) The performance capabilities of the vehicles used in the pursuit in relation to the speeds and other conditions of the pursuit.
(h) Emergency lighting and siren limitations on unmarked police department vehicles that may reduce visibility of the vehicle, such as visor or dash-mounted
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lights, concealable or temporary emergency lighting equipment, and concealed or obstructed siren positioning.
(i) Suspect and officer vehicle speeds.
(j) Other persons in or on the pursued vehicle (e.g., passengers, co-offenders and hostages).
(k) Availability of other resources such as air support or vehicle locator or deactivation technology.
(CALEA 41.2.2a)
II. WHEN TO TERMINATE A PURSUIT
Pursuits should be terminated whenever the totality of objective circumstances known or which reasonably ought to be known to the officer or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect’s escape.
The factors listed in this policy on when to initiate a pursuit will apply equally to the decision to terminate a pursuit. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists, themselves, and the public when electing to continue a pursuit.
In addition to the factors that govern when to initiate a pursuit, other factors should be considered in deciding whether to terminate a pursuit, including:
(a) The distance between the pursuing vehicle and the fleeing vehicle is so great that further pursuit would be futile or require the pursuit to continue for an unreasonable time and/ or distance.
(b) The pursued vehicle’s location is no longer definitely known. (c) The pursuing vehicle sustains damage or a mechanical failure that renders it unsafe to drive.
(d) The pursuing vehicle’s emergency lighting equipment or siren becomes partially or completely inoperable.
(e) Hazards to uninvolved bystanders or motorists.
(f) The danger that the continued pursuit poses to the public, the officers, or the suspect, balanced against the risk of allowing the suspect to remain at large. (g) The identity of the suspect is known, and it does not reasonably appear that the need for immediate capture outweighs the risks associated with continuing the pursuit.
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(h) Pursuit is terminated by a supervisor.
(CALEA 41.2.2g)
III. SPEED LIMITS
The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and supervisor. Evaluation of vehicle speeds should take into consideration public safety, officer safety and the safety of the occupants of the fleeing vehicle.
Should high vehicle speeds be reached during a pursuit, officers and supervisors should also consider these factors when determining the reasonableness of the speed of the pursuit:
(a) Pursuit speeds have become unreasonably unsafe for the surrounding conditions. (b) Pursuit speeds have exceeded the driving ability of the officer. (c) Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making its operation unsafe.
(CALEA 41.2.2a)
PURSUING UNITS
Pursuit units should be limited to three vehicles (two units and a supervisor); however, the number of units involved will vary with the circumstances. An officer or supervisor may request additional units to join a pursuit if, after assessing the factors outlined above, it appears that the number of officers involved would be insufficient to safely arrest the suspects. All other officers should stay out of the pursuit but should remain alert to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed to the termination point at legal speeds, following the appropriate rules of the road. (CALEA 41.2.2d)
I. MOTORCYCLE OFFICERS
When involved in a pursuit, police department motorcycles should be replaced by marked four-wheel emergency vehicles as soon as practicable.
(CALEA 41.2.2d)
II. VEHICLES WITHOUT EMERGENCY EQUIPMENT
Officers operating vehicles not equipped with red light and siren are prohibited from initiating or joining in any pursuit.
(CALEA 41.2.2d)
III. PRIMARY UNIT RESPONSIBILITIES
The initial pursuing unit will be designated as the primary pursuit unit and will be responsible for the conduct of the pursuit unless the officer is unable to remain reasonably close to the suspect’s vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the suspects without unreasonable danger to any person.
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The primary unit should notify dispatcher commencing with a request for priority radio traffic, that a vehicle pursuit has been initiated and as soon as practicable provide information including, but not limited to:
(a) The location and direction of travel and estimated speed of the suspect’s vehicle. (b) The description of the suspect’s vehicle including the license plate number, if known.
(c) The reason for the pursuit
(d) Known or suspected weapons. Threat of force, violence, injuries, hostages or other unusual hazards.
(e) The suspected number of occupants and identity or description (f) The weather, road, and traffic conditions.
(g) The need for any additional resources or equipment, (h) The identity of other law enforcement agencies involved in the pursuit (i) Request notification to the on-duty Watch Commander.
Unless relieved by a supervisor or secondary unit, the officer in the primary unit is responsible for the broadcasting of the progress of the pursuit. Unless circumstances reasonably indicate otherwise, the primary pursuing officer should, as soon as practicable, relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or air support joining the pursuit to minimize distractions and allow the primary pursuing officer to concentrate foremost on safe pursuit tactics.
(CALEA 41.2.2b)
IV. SECONDARY UNIT RESPONSIBILITIES
The second officer in the pursuit will be designated as the secondary unit and is responsible for:
a) The officer in the secondary unit should immediately notify the dispatcher of entry into the pursuit as soon as reasonably practicable.
b) Remaining a safe distance behind the primary unit unless directed to assume the role of primary pursuit vehicle, or if the primary pursuit vehicle is unable to continue the pursuit.
c) Broadcasting the progress, updating known or critical information, and providing changes in the pursuit, unless the situation indicates otherwise. d) Identifying the need for additional resources or equipment as appropriate. e) Serving as backup to the primary pursuing officer once the suspect has been stopped. (CALEA 41.2.2c)
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V. PURSUIT DRIVING
The decision to use specific driving tactics requires the same assessment of the factors the officer considered when determining whether to initiate and/or terminate a pursuit. The following are tactics for units involved in the pursuit:
(a) Officers, considering their driving skills and vehicle performance capabilities, will space themselves from other involved vehicles such that they are able to see and avoid hazards or react safely to maneuvers by the fleeing vehicle. (b) Because intersections can present increased risks, the following tactics should be considered:
1. Available units not directly involved in the pursuit may proceed safely to controlled intersections ahead of the pursuit in an effort to warn cross traffic.
2. Pursuing units should exercise due regard and caution when proceeding through controlled intersections.
(c) As a general rule, officers should not pursue a vehicle driving left of center (wrong way) against traffic. In the event that the pursued vehicle does so, the following tactics should be considered:
1. Requesting assistance from available air support.
2. Maintain visual contact with the pursued vehicle by paralleling it on the correct side of the roadway.
3. Request other units to observe exits available to the suspects. (d) Notify the California Highway Patrol (CHP) and/or other law enforcement agency if it appears that the pursuit may enter its jurisdiction. (e) Officers involved in a pursuit should not attempt to pass other units unless the situation indicates otherwise, or they are requested to do so by the primary unit and with a clear understanding of the maneuver process between the involved units.
VII. PURSUIT TRAILING
In the event the initiating unit from this agency either relinquishes control of the pursuit to another unit or jurisdiction, that initiating unit may, with permission of a supervisor, trail the pursuit to the termination point in order to provide information and assistance for the arrest of the suspects and reporting the incident.
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VIII. AIR SUPPORT ASSISTANCE
When available, air support assistance should be requested. An air support unit may consist of a police helicopter or an unmanned aircraft system (UAV or drone). Once the air unit has established visual contact with the pursued vehicle, the unit should assume control over the pursuit. The primary and secondary ground units, or involved supervisor, will maintain operational control but should consider whether the participation of air support warrants the continued close proximity and/or involvement of ground units in the pursuit.
The air unit should coordinate the activities of resources on the ground, report progress of the pursuit and provide officers and supervisors with details of upcoming traffic congestion, road hazards, or other pertinent information to evaluate whether to continue the pursuit. If ground units are not within visual contact of the pursued vehicle and the air support unit determines that it is unsafe to continue the pursuit, the air support unit should recommend terminating the pursuit.
IX. UNITS NOT INVOLVED IN THE PURSUIT
There should be no paralleling of the pursuit route. Officers are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to protect the public. Officers should remain in their assigned area and should not become involved with the pursuit unless directed otherwise by a supervisor.
The primary and secondary units should be the only units operating under emergency conditions (red light and siren) unless other units are assigned to the pursuit
SUPERVISORY CONTROL AND RESPONSIBILITIES
Available supervisory and management control will be exercised over all vehicle pursuits involving officers from this department.
The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor will be responsible for:
(a) Immediately notifying involved unit and the dispatcher of supervisory presence and ascertaining all reasonably available information to continuously assess the situation and risk factors associated with the pursuit
(b) Engaging in the pursuit, when appropriate, to provide on-scene supervision. (c) Exercising management and control of the pursuit even if not engaged in it. (d) Ensuring that no more than the required number of units are involved in the pursuit under the guidelines set forth in this policy.
(e) Directing that the pursuit be terminated if, in the supervisor’s judgment, it is unreasonable to continue the pursuit under the guidelines of this policy.
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(f) Ensuring that assistance from air support, canines, or additional resources is requested if available and appropriate.
(g) Ensuring that the proper radio channel is being used. (h) Ensuring that the Watch Commander is notified of the pursuit as soon as practicable
(i) Ensuring the notification and/or coordination of outside agencies if the pursuit either leaves or is likely to leave the jurisdiction of this department. (j) Controlling and managing Hermosa Beach Police Department units when a pursuit enters another jurisdiction.
(k) Preparing a post-pursuit review and documentation of the pursuit (l) Supervisors should initiate follow up or additional review when appropriate (CALEA 41.2.2f)
I. WATCH COMMANDER RESPONSIBILITIES
Upon becoming aware that a pursuit has been initiated, the Watch Commander should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. Once notified, the Watch Commander has the final responsibility for the coordination, control and termination of a vehicle pursuit and shall be in overall command.
The Watch Commander shall review all pertinent reports for content and forward to the Division Commander.
(CALEA 41.2.2f)
DISPATCH
If the pursuit is confined within the City limits, radio communications will be conducted on the primary channel unless instructed otherwise by a supervisor or dispatcher. If the pursuit leaves the jurisdiction of this department or such is imminent, the Communications Center should coordinate for all involved units to be able to communicate I. COMMUNICATION CENTER RESPONSIBILITIES
Upon notification or becoming aware that a pursuit has been initiated, the dispatcher is responsible for:
(a) Clearing the radio channel of non-emergency traffic (b) Coordinating pursuit communications of the involved units and personnel. (c) Broadcasting pursuit updates as well as other pertinent information as necessary
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(d) Ensuring that a field supervisor is notified of the pursuit. (e) Notify the Watch Commander as soon as practicable.
(f) Assigning an incident number and logging all pursuit activities (CALEA 41.2.2e)
II. LOSS OF PURSUED VEHICLE
When the pursued vehicle is lost, the primary unit should broadcast pertinent information to assist other units in locating suspects. The primary unit or supervisor will be responsible for coordinating any further search for either the pursued vehicle or suspects fleeing on foot.
INTERJURISDICTIONAL CONSIDERATIONS
When a pursuit enters another agency's jurisdiction, the primary officer or supervisor, taking into consideration distance traveled, unfamiliarity with the area and other pertinent facts, should determine whether to request the other agency to assume the pursuit. Unless entry into another jurisdiction is expected to be brief, it is generally recommended that the primary officer or supervisor ensure that notification is provided to each outside jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether such jurisdiction is expected to assist.
I. ASSUMPTION OF PURSUIT BY ANOTHER AGENCY/JURISDICTION Officers will relinquish control of the pursuit when another agency has assumed the pursuit, unless the continued assistance of the Hermosa Beach Police Department is requested by the agency assuming the pursuit. Upon relinquishing control the pursuit, the involved officers may proceed, with supervisory approval, to the termination point of the pursuit to assist in the investigation.
The supervisor should coordinate such assistance with the assuming agency and obtain any information that is necessary for any reports. Notification of a pursuit in progress should not be construed as a request to join the pursuit. Requests to or from another agency to assume a pursuit should be specific.
(CALEA 41.2.2h)
II. PURSUITS EXTENDING INTO THIS JURISDICTION
The agency that initiates a pursuit is responsible for conducting the pursuit. Units from this department should not join a pursuit unless specifically requested to do so by the pursuing agency and with approval from a supervisor. The involved officer(s) and Watch Commander should assess if the outside agency pursuit meets our criteria for initiating or continuing the pursuit. If the pursuit does not meet our criteria, such as a pursuit for a non-violent crime, officers shall not join or continue in the pursuit. If a pursuit from an outside agency meets our criteria, and with the request by the pursuing agency and approval from a supervisor, officers(s) may join the pursuit.
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If an outside agency is involved in a pursuit with a single unit, a supervisor may authorize units from this department to join the pursuit until sufficient units from the initiating agency join the pursuit or until additional information is provided allowing withdrawal of the pursuit.
Under this circumstance, the outside agency pursuit must still meet our criteria for initiating or continuing in a pursuit. If time permits, officers should advise the Dispatcher and/or Watch Commander that they are joining the pursuit. Supervisory control and responsibilities included herein, including when to terminate a pursuit, will apply to outside agency pursuits.
When a request is made for this department to assist or take over a pursuit that has entered the jurisdiction of Hermosa Beach Police Department, the supervisor should consider:
(a) The public’s safety within this jurisdiction
(b) The safety of the pursuing officers.
(c) Whether the circumstances are serious enough to continue the pursuit and if the reason for the pursuit meets our criteria
(d) Whether there is adequate staffing to continue the pursuit (e) The ability to maintain the pursuit
As soon as practicable, a supervisor or the Watch Commander should review a request for assistance from another agency. The Watch Commander or supervisor, after considering the above factors, may decline to assist in, or assume the other agency’s pursuit.
Assistance to a pursuing allied agency by officers of this department will terminate at the City limits provided that the pursuing officers have sufficient assistance from other sources.
Ongoing participation from this department may continue only until sufficient assistance is present.
In the event that a pursuit from another agency terminates within this jurisdiction, officers should provide appropriate assistance to officers from the allied agency including, but not limited to, scene control, coordination and completion of supplemental reports and any other reasonable assistance requested or needed.
(CALEA 41.2.2h)
WHEN PURSUIT INTERVENTION IS AUTHORIZED
Whenever practicable, an officer shall seek approval from a supervisor before employing any intervention to stop the pursued vehicle. In deciding whether to use intervention tactics, officers/supervisors should balance the risks of allowing the pursuit to continue with the potential hazards to the public arising from the use of each tactic, the officers, and persons in or on the pursued vehicle to determine which, if any, intervention tactic may be reasonable.
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III. USE OF FIREARMS
An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others.
Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle (see the Use of Force Policy).
(CALEA 41.2.3 a, b)
IV. INTERVENTION STANDARDS
Any intervention tactic, depending upon the conditions and circumstances under which it is used, may present dangers to the officers, the public or anyone in or on the vehicle being pursued. Certain applications of intervention tactics may be construed to be a use of force, including deadly force and subject to the policies guiding such use. Officers should consider these facts and requirements prior to deciding how, when, where and if an intervention tactic should be employed.
a) The PIT should only be used after giving consideration to the following:
1. The technique should only be used by officers who have received training in the technique, including speed restrictions.
2. Supervisory approval should be obtained before using the technique.
3. The need to immediately stop the suspect vehicle reasonably appears to outweigh the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public.
4. It reasonably appears the technique will terminate or prevent the pursuit. b) Ramming a fleeing vehicle should only be done after giving consideration to the following:
1. Supervisory approval should be obtained before using the technique.
2. The need to immediately stop the suspect vehicle reasonably appears to substantially outweigh the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public.
3. It reasonably appears the technique will terminate or prevent the pursuit.
4. Ramming may be used only under circumstances when deadly force would be authorized. Ramming must meet the criteria for deadly force applications discussed in Policy O3.16 – Use of Force.
5. Ramming may be used when all other reasonable alternatives have been exhausted or reasonably appear ineffective.
V. CAPTURE OF SUSPECTS
Proper self-discipline and sound professional judgment are the keys to a successful conclusion of a pursuit and apprehension of evading suspects. Officers shall use only that amount of force, which reasonably appears necessary under the circumstances, to accomplish a
Policy O3.20 Page 12 of 13
legitimate law enforcement purpose. Unless relieved by a supervisor, the primary officer should coordinate efforts to apprehend the suspects following the pursuit. Officers should consider safety of the public and the involved officers when formulating plans for setting up perimeters or for containing and capturing the suspects.
REPORTING REQUIREMENTS
All appropriate reports should be completed to comply with applicable laws, policies, and procedures
a) The primary officer should complete appropriate crime/arrest reports. b) The Watch Commander shall ensure that an Allied Agency Vehicle Pursuit Report (form CHP 187A) is filed with the CHP not later than 30 days following the pursuit (Vehicle Code § 14602.1). The primary officer should complete as much of the required information on the form as is known and forward the report to the Watch Commander for review and distribution.
c) After first obtaining the available information, the involved, or if unavailable on-duty, field supervisor shall promptly complete a Supervisor's Log or interoffice memorandum, briefly summarizing the pursuit to the Chief of Police or authorized designee. This log or memorandum should include, at a minimum:
1. Date and time of pursuit
2. Initial reason and circumstances surrounding the pursuit
3. Length of pursuit in distance and time, including the starting and termination points
4. Involved units and officers
5. Disposition (arrest, citation), including arrestee information if applicable
6. Injuries and/or property damage
7. Medical treatment
8. Name of supervisor at scene
9. A preliminary determination whether the pursuit appears to be in compliance with this policy and whether additional review or follow-up is warranted
10. Method of terminating pursuit (terminated by officer, pursuit intervention, unforced stop, collision, etc.
11. Upon conclusion of each pursuit, the involved officer(s) shall complete a Vehicle Report/Service Request for each department vehicle involved in the pursuit. The words “Vehicle used in pursuit” shall be clearly written in the narrative section of the form. Mechanics should inspect the vehicle as soon as
Policy O3.20 Page 13 of 13
possible if the reporting officer does not suspect any damage to the vehicle.
Any vehicle that is suspected to have suffered mechanical failure or damage during/arising from the pursuit shall be immediately removed from service pending inspection.
(CALEA 41.2.2 i; 41.2.3 e)
I. REGULAR AND PERIODIC PURSUIT TRAINING
The Training Sergeant shall make available to all officers initial and supplementary Police Officer Standard Training (POST) training on pursuits required by Penal Code § 13519.8, and no less than annual training addressing:
a) this policy
b) the importance of vehicle safety and protecting the public c) the need to balance the known offense and the need for immediate capture against the risks to officers and others (Vehicle Code § 17004.7(d)).
II. POLICY REVIEW
Officers of this department shall certify in writing that they have received, read and understand this policy initially, upon any amendments, and whenever training on this policy is provided. The POST attestation form, or an equivalent form, may be used to document the compliance and should be retained in the member’s training file.
At the beginning of each calendar year, the Operations Division Commander will complete a documented review of the pursuit policy and reporting procedures, and an analysis of the pursuits conducted the previous calendar year. The completed analysis will then be forwarded to the Administrative Captain for review, with a copy to the Accreditation Manager. (CALEA 41.2.2 j/k)
APPLICATION VEHICLE PURSUIT POLICY
This policy is expressly written and adopted pursuant to the provisions of Vehicle Code § 17004.7, with additional input from the POST Vehicle Pursuit Guidelines.
APPROVED BY:
Paul LeBaron
Chief of Police
City of Hermosa Beach | Page 1 of 3
Meeting Date: August 13, 2024
Staff Report No. 24-CDD-034
Honorable Mayor and Members of the Hermosa Beach City Council
APPROVAL OF FIRST AMENDMENT TO AGREEMENT WITH CSG CONSULTANTS,
INC FOR ON-CALL STAFF AUGMENTATION SERVICES
(Community Development Director Carrie Tai)
Recommended Action:
Staff recommends City Council:
1. Approve the proposed first amendment to an agreement with CSG Consultants, Inc. for staff augmentation services to increase the not-to-exceed amount by $85,000, resulting in a total not-to-exceed amount of $115,000 (Attachment 2); and
2. Authorize the Mayor to execute and the City Clerk to attest the attached first amendment subject to approval by the City Attorney.
Executive Summary:
On June 27, 2024, the City entered into an agreement with CSG Consultants, Inc. with a not-to-exceed limit of $30,000 to provide immediate on-call staff augmentation services for the Community Development Department due to recent staff vacancies. The City entered into the agreement promptly to ensure adequate coverage of services considering recent staff vacancies.
Staff requests approval of the proposed first amendment to increase the not-to-exceed limit by $85,000 resulting in a total not-to-exceed amount of $115,000, and maintain the original term ending June 30, 2026 (Attachment 2). The first amendment would allow the City to continue using temporary staff augmentation services while recruitment efforts are underway.
Background:
To effectively serve residents, businesses, and the development community, the City must maintain adequate staffing levels. Any staff vacancy in a small community development department significantly impacts delivery of essential services. Staff augmentation agreements are crucial to quickly meet temporary staffing needs, thereby ensuring continuous operations.
On June 27, 2024, the City contracted CSG Consultants, Inc. with a not-to-exceed limit of $30,000 and a term ending June 30, 2026 for immediate on-call staff augmentation
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services (Attachment 1). Due to limited availability of contracted staff throughout the profession, CSG Consultants, Inc. is one of three firms currently providing City planning and community development staffing, including two part-time contract planners.
Discussion:
The Community Development Department has one Associate Planner position and two full-time Assistant Planner positions in its small planning division. Two of the three positions, one in each classification, recently vacated within a week of one another. Upon any pending vacancy, staff immediately begins the process of determining the need and availability of staff augmentation services to fulfill essential duties during the position evaluation and recruitment process. After assessing the workload, City staff solicited professional planning personnel from several firms to fulfill the duties of Assistant Planner and Associate Planner.
Despite streamlined recruitment efforts through the Hermosa Is Hiring initiative, the challenging labor market for city planners has resulted in protracted recruitment times.
Staff anticipates needing staff augmentation for approximately 16 weeks to ensure continuity of planning services, including day-to-day land use expertise for planning staff and the public and management of development projects that require Planning Commission review.
CSG Consultants, Inc. responded with capacity and qualified personnel to provide the requisite services. Two part-time contract staff members have been serving the City since July 2, 2024, along with one part-time contract staff member from another firm. At the Associate Planner billing rate of $166 per hour at 32 hours per week ($5,312 per week) and the Assistant Planning billing rate of $145 at 16 hours per week ($2,320 per week), funding in the current contract will allow staffing for about five weeks, or through August 13, 2024.
Staff requests an additional $85,000 to continue qualified professional services for approximately 11 to 13 additional weeks, or until the positions are filled. The increase would result in a total contract term of two years with a not-to-exceed limit of $115,000.
The proposed amendment would allow the Community Development Department to maintain customer service, including timely responsiveness, and advance development projects. If services are no longer needed before the estimated time, the contract balance would not be used. The funding for staffing services would be covered by salary savings within the Department.
Environmental Review:
Pursuant to CEQA Guidelines Section 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA
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Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
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:
The agreement would have a total not-to-exceed amount of $115,000. Funding to support any expenditures under the agreement would come from salary savings of approximately $61,000 from the vacant full-time Assistant and Associate Planner positions in the Community Development Department. The remaining $24,000 would come from budgeted prospective expenditures in the FY 2024–25 Budget to cover the remaining contract amount as of June 30, 2024.
Agreement Modification Request
Agreement
Current
Authorized
Amount
Modified
Request
Amount
FY 2024-2025
Budget
Dept. Account #
Total Revised
Contract
Amount
CSG Consultants, Inc $18,000
$12,000
$51,000
$34,000
001-4101-4201
001-4201-4201
$69,000
$46,000
Total $30,000 $85,000 $115,000
Attachments:
1. Agreement with CSG Consultants, Inc.
2. Proposed First Amendment to Agreement with CSG Consultants, Inc.
Respectfully Submitted by: Carrie Tai, AICP, Community Development Director Reviewed by: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Viki Copeland, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885
CONTRACT FOR PROFESSIONAL SERVICES FOR STAFF AUGMENTATION BETWEEN THE CITY OF HERMOSA BEACH AND CSG Consultants, Inc.
This AGREEMENT is entered into this 27th day of June, 2024, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (“CITY”) and CSG Consultants, Inc, a California corporation (“CONSULTANT”).
R E C I T A L S
A. The City desires to secure as needed staff augmentation services for the Community Development Department.
B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work.
C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows:
CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.
As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.
As additional consideration, CITY agrees to pay CONSULTANT a total of $30,000, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.
CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month.
CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received.
SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference.
Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
City of Hermosa Beach
space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.
FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
KEY PERSONNEL. CONSULTANT’s key person(s) assigned to perform work under this Agreement are Kaneca Pompey and Sophia Matheny. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City.
TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on June 30, 2026, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.
CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
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INDEMNIFICATION. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees, and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
CONSULTANT will keep all books, records, accounts, and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
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corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.
INSURANCE REQUIREMENTS.
A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-peroccurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
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maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.
C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by the CITY.
At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach.
USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation.
FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
City of Hermosa Beach
CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished, or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.
CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Community Development
Director
CSG Consultants, Inc.
3707 W. Garden Grove Blvd.
Orange, CA 92868
ATTN: Ethan Edwards / Gena Guisar
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
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upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
City of Hermosa Beach
Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City.
DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs)
By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
OR
By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.
C.K
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City of Hermosa Beach
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF HERMOSA BEACH CONSULTANT
Suja Lowenthal, City Manager By: Cyrus Kianpour, PE, PLS, President CSG Consultants, Inc.
ATTEST:
91-2053749
Myra Maravilla, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Patrick Donegan, City Attorney
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CITY OF
HERMOSA BEACH
Prepared By
CSG CONSULTANTS
3707 W. Garden Grove Blvd, STE 100 | Orange, CA 92868
TEL : 714.568.1010 | FAX : 714.568.1028
www.csgengr.com
STATEMENT OF QUALIFICATIONS FOR
ON-CALL PROFESSIONAL PLANNING SERVICES
JUNE 18, 2024
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On-Call Professional Planning and Special Project Management i June 18, 2024
Carrie Tai, Community Development Director
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Subject: On-Call Professional Planning Services
Dear Ms. Tai,
Thank you for the opportunity for CSG Consultants (CSG) to present our Statement of Qualifications to the City of Hermosa Beach for On-Call Professional Planning Services. CSG understands the City is seeking assistance for current planning. Our firm offers specialized planning expertise, a depth and breadth of highly experienced staff, proven project “concierge” services, and flexibility to meet the City’s needs.
CSG is an employee-owned, California corporation and works solely for public agencies, serving as a seamless extension of municipal staff. We currently furnish planning, environmental, sustainability, building and safety, fire prevention, code enforcement, public works, and a host of additional services to over 250 municipal clients throughout California. We support numerous public agencies with our planning and related services.
For over 33 years, CSG has had a solutions-oriented approach to our work, leveraging our team’s extensive experience and technical expertise to address a wide range of client needs. Our staff can also be augmented by technical subconsultants with which we have teamed on prior projects, as well as specific personnel from CSG’s Building, Code Enforcement, Engineering, Fire Safety, and Construction Management staff. In this way, we can provide the City with comprehensive services for any planning and environmental project.
Ethan Edwards, AICP, CSG’s Vice President of Planning Services, will serve as Principal in Charge and will provide QA/QC for CSG’s work. Gena Guisar, AICP, Director of Development Services, will serve as Project Manager and primary contact for the City.
We look forward to providing the City of Hermosa Beach with Planning Services. Please do not hesitate to contact Gena Guisar should you have questions or require additional information.
Sincerely,
__________________________
Cyrus Kianpour, PE, PLS
President, CSG Consultants, Inc.
CONTACTS
Ethan Edwards, AICP
Vice President of Planning Services
714.699.4297
[email protected]
Gena Guisar, AICP
Director of Development Services
714.794-8027
[email protected]
A GLIMPSE INTO CSG
Founded in 1991
8 offices across California
350+ employees
100% employee-owned
Multidisciplinary: planning,
environmental, sustainability,
building and safety, fire
prevention, code enforcement,
public works, plan check,
construction management,
and engineering services
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TABLE OF CONTENTS
SECTIONS
Cover Letter ................................................................................................................................................................ i Firm Overview............................................................................................................................................................ 1 Current Planning ........................................................................................................................................................ 3 Relevant Projects....................................................................................................................................................... 6 Work Plan................................................................................................................................................................... 8 Project Staffing ........................................................................................................................................................ 12 Fee Schedule............................................................................................................................................................ 14
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FIRM OVERVIEW
COMPANY PROFILE
CSG Consultants, Inc. (CSG) is an employee-owned California company with over 350 employees. CSG’s Southern California office is in Orange and headquarters in Foster City, California. Additional support is available from our other offices in Pleasanton, Newman, Paso Robles, Fresno, Sacramento and San Jose. Founded in 1991, CSG performs work solely for public agencies, eliminating the potential for conflicts of interest between developers and agencies. In this way, we can focus exclusively on the specific needs of our municipal clients.
NAME OF FIRM: CSG Consultants, Inc.
CONTACTS: Gena Guisar, AICP, Director of Development Services, So Cal 714.794.8027 Office • [email protected]
Ethan Edwards, AICP, Vice President of Planning Services 714.699.4297 Mobile • [email protected]
LOCAL OFFICE: 3707 W. Garden Grove Boulevard, #100, Orange, California 92868 HEADQUARTERS: 550 Pilgrim Drive, Foster City, California 94404 (650) 522-2500 phone • (650) 522-2599 fax
www.csgengr.com • [email protected]
REGIONAL OFFICES: 5151 N. Palm Avenue, Suite 530, Fresno, California 93704 1303 J Street, #270, Sacramento, California 95814
3150 Almaden Expressway, #255, San Jose, California 95118 809 9th Street, Suite 2A, Paso Robles, California 93446 930 Fresno Street, Newman, California 95360
3875 Hopyard Road, #141, Pleasanton, California 94588
YEARS IN BUSINESS: 33+ • Founded in 1991
OWNERSHIP: Employee-Owned
EMPLOYEES: 350+
TYPE OF BUSINESS: California Corporation • Incorporated June 15, 2000 Our multi-disciplined municipal services staff consists of the following professionals:
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COMPREHENSIVE MUNICIPAL SERVICES
CSG provides a wide range of services to community development and public works departments, serving as an extension of agency staff. We are customer-centric and organized into the lines of business outlined below, each managed by highly experienced industry experts. Many of CSG’s personnel serve more than one line of business, which improves the quality of customer service and results in high employee retention.
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CURRENT PLANNING AND SPECIAL PROJECT MANAGEMENT
CSG’s Planning team provides contract staff support, entitlement services and special project management for a variety of project types. We excel at interfacing with public agencies and elected officials, tackling a wide range of current planning issues, and serve as case planners, applicant liaisons, or assist the public at the counter. Our staff planners perform daily planning activities, such as (but not limited to): zoning review and compliance, project entitlement services, Subdivision Map Act compliance, site plan review and design review, plan check, construction inspection services based on approved plans and conditions of approval, and other services as needed. Our planning staff also serve as extension of City staff in a number of jurisdictions, preparing staff reports, and making presentations to Planning Commissions, City Councils or Boards of Supervisors.
We understand the City's need for the management of several high profile priority projects. With our expertise and dedicated staff, we can seamlessly integrate with the existing planning staff and provide valuable support to meet the City's objectives.
Our capabilities in planning staff augmentation include, but are not limited to, the following services:
1. Project Management: Our team is experienced in project management for current planning projects. We have the ability to handle multiple projects simultaneously, effectively managing priorities, timelines, budgets and duties to ensure timely and successful project completion.
2. Land Use Entitlements Processing: We are proficient in processing various land use entitlements, including conditional use permits, general plan amendments, and zoning code amendments. Our team members act as project managers and have the necessary expertise to navigate the regulatory processes, manage timelines and budgets and ensure efficient processing of applications.
3. Compliance and Plan Review: Our experienced team can review application submittals for compliance with the City's General Plan policies, Zoning Code, specific plans, Subdivision Map Act, California Environmental Quality Act (CEQA), and other relevant regulatory statutes. We ensure that proposed developments align with the applicable requirements and regulations.
4. Plan Analysis and Corrections: CSG's experts can carefully analyze development plans and identify any necessary corrections or adjustments. We work closely with project applicants to communicate and address any required changes, ensuring adherence to planning standards and guidelines.
5. Project presentations: CSG can represent the City with high quality presentations before the Planning Commission and City Council. We possess strong communication and presentation skills, effectively conveying project details, recommendations, and addressing any inquiries or concerns.
6. Customer Service and Communication: CSG can provide coverage for the public counter, general planning phone, and general planning email. We excel in effectively communicating with customers, addressing inquiries, and providing assistance related to planning, zoning, and general development questions.
With CSG's planning staff augmentation services, the City can rely on our expertise to provide seamless support, maintain service continuity, and ensure the efficient processing of applications and projects. We are committed to assisting the City achieve its planning objectives while delivering high-quality results and excellent customer service.
ADVANCED PLANNING
CSG’s planners are well versed in the creation and management of long-range policy documents, and assist communities with visioning, goal setting and implementation, as well as project coordination for applicants and their consultant teams. Our team has prepared General Plans, Specific Plans as well as Community and Area Plans, Objective Design Standards, Design Guidelines, Zoning Code updates, and Economic Development Plans.
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With our extensive experience, we are well-equipped to handle city-initiated and applicant-driven advanced planning projects and special projects on behalf of the City. Our capabilities include managing a wide range of tasks and delivering successful outcomes.
Some of the specific services include:
1. General Plan Updates or Amendments: We have the expertise to assist the City in making updates or amendments to the general plan, ensuring alignment with the City's long-term vision and goals.
2. Specific Plans and Amendments: CSG is proficient in developing and modifying specific plans, tailored to specific areas or projects, to guide future development and land use.
3. Zoning Map and Text Amendments: We have the knowledge and experience to facilitate changes in the zoning map and zoning text, incorporating necessary updates or modifications to accommodate evolving requirements.
4. Focused Land Use Studies: CSG conducts in-depth land use studies to analyze specific sites or focused issues, providing valuable insights and recommendations for informed decision-making.
5. Objective Design Standards: Our team can develop objective design standards, ensuring consistency and quality in architectural and urban design for the City's projects.
6. Assessment of Legislative Requirements: We offer expert analysis of legislative requirements, ensuring compliance with applicable laws, regulations, and policies.
7. Policy/Procedure Memorandum: CSG is proficient in preparing policy and procedure memoranda, providing clear guidelines and frameworks for effective implementation.
8. Presentations and Public Engagement: We are skilled in presenting project proposals and findings before boards, committees, commissions, and the city council, effectively conveying information and garnering support.
9. Creation of Forms and Documents: CSG can develop customized forms and documents that streamline administrative processes and facilitate efficient project management.
CSG brings a wealth of experience and expertise enabling us to handle various advanced planning and special projects for the City. We are committed to delivering high-quality results and ensuring the City's vision and goals are realized.
CSG’S ENVIRONMENTAL PLANNING EXPERIENCE
CSG understands the City is seeking an experienced consultant with the expertise necessary to process environmental review applications and requests pursuant to CEQA, which may include facilitating, leading and/or assisting planning staff with environmental review of long-range planning initiatives. We understand the City may need assistance with following duties:
Initial Studies with all applicable technical reports to support an adequate CEQA determination. Negative Declaration.
Mitigated Negative Declaration.
Associated Mitigation Monitoring and Reporting Program (MMRP), if applicable. Environmental exemptions.
Addendums to previously approved and certified environmental analyses. Environmental Impact Reports (EIRs).
All notices required per CEQA such as Notices of Intent/Preparation/Determination. Providing peer review of CEQA documents prepared by project applicants. Conducting and/or supporting CEQA review for the following potential projects:
- Large and small-scale development applications such as zoning amendments, use permits, and vesting tentative maps.
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- Potential updates/amendments to the General Plan.
- Potential updates/amendments to Specific Plans.
- Potential updates to the Zoning Ordinance.
Providing strong emphasis on the management of multiple projects and completing priorities while maintaining quality, meeting schedules, and staying within budget.
Facilitation of special projects authorized by the City Council.
CSG views every assignment and project as a way to build long-lasting, meaningful working relationships with our clients. We always seek to excel in maintaining a clear line of communications with every client, stakeholder, agency, decisionmaker, and project team member to ensure assignments and projects are achieving and exceeding expectations. We work with positive attitudes, focus on teamwork, and have a shared determination in exhibiting professionalism in everything we do. Our mission is to consistently meet or exceed our client’s expectations in a responsible and efficient manner.
CSG has the environmental staff resources to manage and prepare clear, concise, and legally defensible environmental documents under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) for projects of all types, including development, infrastructure improvements, ecological enhancements, and policy adoption documents, such as General Plans and Specific Plans. CSG will serve as an extension of El Segundo staff to ensure that the entire environmental review process is conducted in a comprehensive manner. CSG will consider recent legislation and court decisions pertaining to CEQA and NEPA, and agency requirements. Our objective is to provide premium services to our clients, along with highly accurate technical documentation and impact determinations. Our approach entails an efficient process to ensure that studies are comprehensive, objective, technically accurate, and complete, while maintaining a focus on the schedule established for the review. Our approach includes consistent and regular interaction and communications between staff, our team, and other interested/responsible governmental agencies and parties, as appropriate, allowing for frequent exchange of information without loss of time or resources.
Our range of types of CEQA studies includes Categorical Exemptions, Initial Studies, Negative Declarations, Mitigated Negative Declarations, Project/Program/Focused/Supplemental/Subsequent and Addendum Environmental Impact Reports (EIRs), consistency checklists, as well as mitigation monitoring and reporting programs. We can assist the City of El Segundo with recommendations and scoping for the appropriate CEQA and NEPA documentation and, should an EIR be the determined CEQA clearance, CSG can lead the preparation of response to comments and any required findings of facts/statement of overriding considerations. We are also ready to assist the City of Bell with project stakeholder coordination, filing of public notices, participation in public hearings, and complete project management services throughout the environmental review process.
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RELEVANT PROJECTS
Our record of success with our clients is outstanding. The following is a small sampling of CSG’s Environmental Consulting Services projects and clients. For each of these projects, CSG was able to maintain agreed upon budgets and processing timeframes. Additional examples and references are available upon request.
Planning Services | City of El Segundo, California. CSG staff provides project management and entitlement processing services for the City of El Segundo. We have managed several high-profile projects, including a ±140-acre mixed use site on the former Raytheon manufacturing site and a mixed-use media campus. Another noteworthy project is the Smoky Hollow Specific Plan Amendment and EIR for the Grand Kansas II Project.
CSG staff provides entitlement project management and conducted a peer review of the environmental documentation for this office and commercial development. Our services also include Site Plan Review, Specific Plan Amendments, Coastal Development Permits, public outreach and grant administration.
In order to develop the Los Angeles Chargers headquarters and training facility, CSG’s Planning team assumed a project manager role in working with the applicants to process the requisite entitlements which included an EIR Addendum, Development Agreement Amendment, Minor Amendment of the Smoky Hollow Specific Plan, Vesting Tentative Tract Map, and Site Plan Review. CSG successfully presented the entitlement package, staff reports, resolutions, and project presentation to both the Planning Commission and the City Council, and both were approved.
CSG’s team also assisted the City with the realignment of the Nash Street Extension. In this role, we are ensuring that the street design is consistent with the Specific Plan and incorporates the requisite median design and sidewalk and bike lane improvements.
Planning Services | City of Carson, California. CSG provides on-call planning and special project management to the City of Carson. As part of this process, our Planning Lead manages technical consultants, provides document review, conducts community outreach, and attends community and City Council meetings. Our staff is currently managing several high profile projects in the City, including Imperial Avalon, a high density mixed use project near the City’s gateway. Staff is also managing the District at South Bay Specific Plan amendment for a modification to the permitted land uses and development standards for a portion of its 157-acres. The site remains undeveloped, as it was used as a landfill site for the deposition of waste/refuse from areas throughout Los Angeles County between 1959 and 1965, prior to the incorporation of the City of Carson.
Planning Services | City of Norwalk, California. CSG staff is currently managing the Norwalk Transit Village project, a 32-acre Mixed Use Eco-District in the City of Norwalk. The property sits roughly 0.25 acres from a Metrolink Station and is immediately adjacent to a 9.4-acre public park. The project will include up to 770 dwelling units (40% affordable), ample open space, a 150-key hotel, and neighborhood commercial space. CSG’s responsibilities include drafting the Specific Plan, managing the CEQA compliance document (in this case, an EIR), Public Outreach, management of due diligence activities and a Remediation Action Plan, entitlement processing and Project Team management. This unique project will occupy the site of a former State-owned Youth Correctional Facility and is subject to the Surplus Land Act.
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Laguna Beach Downtown Specific Plan Program EIR | City of Laguna Beach, California. CSG is starting an assignment with the City of Laguna Beach, involving preparation and processing of the Downtown Specific Plan EIR, which proposes to introduce 200 to 400 residential units in the downtown area. In addition, CSG has been involved with various staff training programs with City staff and community groups to develop a better understanding of the practice of CEQA. The assignment was authorized in the fall of 2023 and the budget and schedule will be adhered to, with the contract citing completion by December 2025.
Janss Marketplace EIR | City of Thousand Oaks, California. CSG prepared an Environmental Impact Report (EIR) to evaluate the potential environmental impacts of the development of a hotel at 225 North Moorpark Road in Thousand Oaks. The proposed project included demolition of the current two-story retail building, to be replaced by a five-story dual hotel and retail pad, the creation of a map to designate airspace rights, and a zoning change to the footprint of the hotel to increase the building’s height limitation.
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WORK PLAN
APPROACH TO WORK – CURRENT AND LONG-RANGE PLANNING
At CSG, we act as project managers in most of our efforts, but we are first and foremost planners. Our goal is to always perform as a “partner planner” for our clients, providing additional support and services to existing agency staff members. CSG’s project managers bring decades of project management experience, implementing best practices, while delivering work products on time and within budget.
We believe that a comprehensive approach to project management includes attention to land planning, economic feasibility, urban design, and the environment. Our project management philosophy is built upon the anticipation of, and preparation for, all issues that may arise throughout the planning process. By constantly considering and developing the appropriate process and plan to address political, environmental, social, and design challenges/opportunities, we can better serve the City while delivering the highest quality product. Our management team of senior professionals will work in close partnership with City staff to ensure continuous coordination of our proposed services. They will assist the City in determining planning and environmental review requirements with support from additional City planners and technical staff that allow our team to provide a wide range of services in a cost-effective manner.
CSG junior planning personnel assist client jurisdictions with plan checks, use permits, design review, tentative maps, and General Plan and zoning amendments, as needed. As Planning staff augmentation, our planners regularly coordinate with project developers, property owners, contractors, engineers and architects; prepare staff reports, resolutions, ordinances and conditions of approval; and present to appointed Commissions, Planning Commission, City Council or Board of Supervisors.
CSG's approach to current and long-range planning is to “dig in” and become familiar with the City’s General Plan, zoning code, ongoing projects, and development trends so that we may best assist the City. Our approach includes:
Analyzing a project’s compliance with the City’s plans, policies and regulations. Our staff is familiar with conducting plan checks and design review; evaluating Tentative Maps, development permits, conditional use permits, and other permits; and, conducting General Plan and zoning amendments; Reviewing and processing both ministerial and discretionary applications; Researching, compiling and analyzing social, economic, environmental and associated data; Preparing necessary long-range planning documents and amendments; Meeting with developers, their consultants and other project proponents, such as property owners and other interested groups, for any project. We recognize that these are important groups or individuals to any project; and Providing public counter services, including but not limited to, answering general questions and processing Zoning Clearances, Accessory Dwelling Unit Zone Clearances, Temporary Use Permits, Home Occupation Permits, and/or Short-Term Rental permits.
Members of our staff are currently actively working in agency offices, holding regular office hours, and answering public inquiries by email, mail, or telephone. However, given current COVID-19 restrictions, we also provide services remotely for several jurisdictions. Our staff are available to attend community meetings and present at public hearings; prepare staff reports, resolutions, ordinances; and prepare oral and/or electronic presentations. CSG staff also has knowledge and experience in providing affordable housing support, preparing and administering grants, preparing parking studies, performing fiscal and economic analyses, as well as providing Geographic Information System (GIS) assistance.
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APPROACH TO WORK – ENVIRONMENTAL PLANNING/REVIEW SERVICES CSG Consultants, Inc. (CSG) brings specialized expertise, knowledgeable and highly experienced staff, and proximity which facilitates communication and rapid response. As a proud partner working with many of the local communities and industry associations, CSG has successfully contributed to the fabric of community development services in the region.
CSG recognizes that future agency projects, depending on their type, size, and issues of concern, may require several different types of CEQA processes. The work program will be initiated following completion and confirmation of the Project Description.
Additionally, and more specifically, we embrace the following steps in the review process:
Establish a communications protocol and technical leads, including subconsultants and other key team members, to ensure project critical information is efficiently and accurately conveyed across the team. Ensure roles/responsibilities are clear for efficient management of assignments and quality control of services and deliverables.
Utilize experienced staff with extensive relevant experience who will do the job right the first time. Agree on initial project schedule, budget, and protocol for updating status during all project phases. Determine key project description details with the City early to facilitate accurate and consistent reviews and analysis.
Verify that the technical approach/scope of services, as conveyed in the proposal, meet San Fernando’s expectations following completion of the Project Description. Collaborate up front with the City on standard templates for project deliverables, including peer review technical memoranda and CEQA document components.
Communications and Techniques. As previously mentioned, CSG’s goal is to provide cost-effective, technically sound, and legally defensible environmental consulting and documentation services to our municipal clients. To this end, we emphasize frequent, informal communications with agencies and prepare concise verbal and written summaries of project information that can be readily shared with project participants and City staff. Our firm’s management style involves “no surprises”, which means that if we encounter a challenge or constraint, we will immediately notify the City and be prepared to provide proven, short and/or long-term strategies for remedying any situation we encounter. Our project management philosophy revolves around an infrastructure of effective communications and problem solving, resulting in effective results for a particular situation.
Developing Project Descriptions and Context. One of the most important factors in preparing a legally defensible environmental document is having a complete and accurate understanding of the proposed project/action prior to initiating environmental analysis or review. Taking the time to fully describe “the whole of the action” can result in significant time and cost savings. Further, initiating technical studies and starting the CEQA process at the appropriate time eliminates the need to backtrack and redo analysis due to new or changing project circumstances. CSG will assist City staff in defining the precise location and boundaries of all of the components, facilities, and associated infrastructure to be studied for a proposed project. CSG will also assist the City in identifying opportunities to keep a project moving forward, despite uncertainties. For example, if a specific utility alignment is not yet known, CSG can evaluate a larger area in the field in order to provide flexibility in the project design, while allowing the environmental studies to proceed.
Conducting Preliminary Environmental Compliance Review. CSG’s proposed approach to preparing environmental documentation is reflective of our experience in dealing with the preparation of documentation for a wide range of projects. After conducting a preliminary environmental compliance review to confirm whether and at what level a project is subject to CEQA, CSG will consider whether a statutory or categorical exemption may apply and provide the appropriate recommendation. CSG will also evaluate whether a project may be eligible to utilize one or more of the applicable CEQA streamlining provisions.
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Preparing Initial Studies. When it is determined that a project/action is subject to CEQA and no statutory or categorical exemptions/exclusions apply, CSG would recommend that an Initial Study be prepared to determine the level of CEQA clearance that is required. An Initial Study is the common supporting review documentation for a (mitigated) negative declaration determination. In certain instances, we know early on that a proposed activity may have the potential to result in significant impacts and that the preparation of an EIR will be required.
In these cases, depending upon a project’s circumstances, CSG can either bypass the preparation of an initial study and immediately proceed with preparing an EIR, or we may recommend that it is beneficial to prepare an Initial Study as a tool for scoping an EIR to only those topical areas that may result in a potentially significant impact.
Preparing EIRs. When there is substantial evidence that a proposed project or action may result in potentially significant impacts on the environment, CSG provides the technical capabilities and expertise to assist our agency clients in preparing an EIR, including, but not limited to: defining the project description, identifying stakeholders and affected agencies, maintaining the administrative record, preparing and distributing the notice of preparation for a 30 day review, conducting a scoping meeting, preparing supporting technical reports and Administrative Draft EIR for internal review, preparing and circulating the Public Review Draft EIR for a 45 day review period, drafting responses to comments, preparing the Final EIR and Mitigation Monitoring and Reporting Program, preparing Findings of Facts, and, as necessary, preparing a Statement of Overriding Considerations to support a lead agency’s final decision on a project.
Leveraging Knowledge of Local, State, and Federal Regulations. CSG regularly works with regulatory agencies through the CEQA process to identify, discuss, and resolve key environmental issues, as well as during the regulatory permitting phases of a project. We have professional working relationships with local, State, and Federal agency staff and can facilitate discussions and meetings as needed for items and issues for discussion. Our management and technical staff have excellent working relationships with Caltrans, California Department of Fish and Wildlife, the Regional Water Quality Control Boards, California Housing and Community Development, the Army Corps of Engineers, and other State and Federal agencies.
Public Input Processes and Dissemination of Information. CSG will help the City ensure that responses to public comments received on environmental documents are complete and accurate for the purposes of CEQA. CSG can assist the City in preparing robust community outreach plans that include ongoing public engagement opportunities, or we can attend public hearings and meetings either to answer questions on the City’s behalf or present our findings to the decision-making body. Should any additional/new public comments be raised at these hearings and meetings, CSG can assist the City in appropriately responding to these comments.
Ensuring Compliance with Processing and Legal Requirements. The CSG team has historically prepared CEQA documentation for low to highly controversial projects and we have an excellent record of legal defensibility for the documentation we prepare. We exercise particular care to ensure that CSG’s environmental documents contain thorough environmental analysis and explicitly document all data sources and research contacts. This approach reduces the potential for successful legal challenges and assists lead agencies in preparing the administrative record.
CSG staff are experienced in conducting environmental review for controversial projects and we have developed research and documentation techniques that can reduce the potential for legal challenges.
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Quality Assurance/Control. CSG is committed to providing high quality documentation that engenders client satisfaction, meets the needs of the project, and withstands legal scrutiny. Therefore, conducting in-house QA/QC reviews concurrently with the preparation of written technical documents is a critical part of our delivery of technically sound and legally defensible environmental documents. Our approach to achieving the envisioned level of quality includes the following steps: First, our QA/QC process begins with the assignment of staff members who have the appropriate technical expertise to complete the work. Second, all work products are prepared with oversight and reviewed by an assigned technical lead. Third, upon completion of the first internal draft of a technical document or report, it is reviewed by the project manager for consistency with the project description, compliance with the approved scope of work, and technical accuracy. Once the documentation has been revised and updated to the satisfaction of the project manager, it is sent to our technical editor for review of grammar, proper nomenclature, references, and methodology consistency. The last step before the document is submitted to the City is a thorough and complete word processing review that produces a correctly formatted document, with accurate references to tables, exhibits, appendices, and the table of contents. Only then is the document submitted to the City for review.
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PROJECT STAFFING
The majority of the 350+ individuals within our firm have provided public agency services throughout their entire careers. Our talented personnel, having held positions within communities facing similar development concerns as the City of El Segundo, bring a wealth of ideas, experience, and solutions. Depending upon the needs of our clients, we can serve in either a project-specific or on-call staff augmentation capacity.
KEY CSG TEAM MEMBERS
ETHAN EDWARDS | AICP | VICE PRESIDENT OF PLANNING SERVICES About Mr. Edwards is dedicated to ensuring resource availability and maintaining high-quality standards. As the Vice President of Planning Services at CSG, he oversees Planning, Environmental, and Sustainability divisions. With over 24 years of extensive experience in complex land use planning across California and Oregon, Mr. Edwards brings expertise in current and long-range planning, design strategies, coastal development review, CEQA compliance, and professional practice building.
Mr. Edwards served as a planner for several public and private sector organizations and has served in various management roles including Community Development Director, Planning Manager and Principal Planner. In his present role, Mr. Edwards manages staff and projects, ensuring quality assurance and control, effective scheduling, budget adherence, and the implementation of customer service strategies. Actively involved in guiding project success, he is dedicated to providing the highest level of service to CSG's clientele. With his unwavering commitment and extensive experience, Mr. Edwards plays a pivotal role in advancing CSG's mission to excel in delivering planning services
GENA GUISAR | AICP | DIRECTOR OF DEVELOPMENT SERVICES
About Ms. Guisar has over 24 years of planning expertise in both the private and public sectors. She has designed and managed a wide variety of development applications and led teams through the entitlement and environmental review process. Ms. Guisar’s experience includes working as a project manager leading large, interdisciplinary consultant teams in environmental planning efforts for a variety of residential, commercial, industrial and mixed-use land development projects throughout Southern California. Her thorough knowledge of the principles and practices of CEQA, urban and regional planning, zoning, development economics and designs makes her an asset to any development team.
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
On-Call Professional Planning Services 13
GLENN LAJOIE | AICP | PRINCIPAL, DIRECTOR OF ENVIRONMENTAL PLANNING About Mr. Lajoie has over 35 years of experience in the environmental planning profession. Mr. Lajoie’s diverse background includes a wide range of CEQA/ NEPA compliance studies, including policy, development, and infrastructure projects. He has served in various roles on projects, including Project Director, Project Manager, Quality Control and lead for navigating complex regulatory processes. Mr. Lajoie has an extensive background with agencies throughout California. The geographic context is wide ranging including: resort and destination projects in the Town of Mammoth Lakes; numerous infrastructure and desalination project reviews in the Community of Cambria; downtown high rise and mixed-use proposals in Long Beach; city center and neighborhood revitalization opportunities in Lancaster; buildout of the City’s Business Park Master Plan in Cypress; over two million square feet of expansion for the Raytheon Corporate facility in El Segundo; campus modernization and enhancement projects in the University of California, Riverside; and the master plan update for the Hotel del Coronado.
KANECA POMPEY| ASSOCIATE PLANNER
About Ms. Pompey serves as an Associate Planner for CSG Consultants. Ms. Pompey has over 6 years of experience in the planning industry, providing project management and high-quality customer service, reviewing discretionary planning applications and various environmental documents, providing oversight and preparation of staff reports and presentations performing plan checks for Zoning and Municipal Code compliance, and mentoring junior staff.
SOPHIA MATHENY | ASSISTANT PLANNER
About Ms. Matheney serves as an Assistant Planner II for CSG Consultants and is currently providing staff support to CSG clients. Ms. Matheny provides planning assistance to public agencies using her knowledge of administering municipal codes and her communication skills in providing information to the public and other City departments.
BRENNA WENGERT | AICP | ASSOCIATE PLANNER
About Ms. Wengert serves as an Associate Planner for CSG Consultants. Ms. Wengert has over 7 years of experience in the planning industry, providing project management and high-quality customer service, reviewing discretionary planning applications and various environmental documents, providing oversight and preparation of staff reports and presentations, and performing plan checks for Zoning and Municipal Code compliance.
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
On-Call Professional Planning Services 14
FEE SCHEDULE
CSG’s fee schedule is provided in Table 1 (CSG Hourly Rates) below.
Table 1
CSG Hourly Rates
PERSONNEL / ROLE HOURLY RATE
GIS Technician $133
GIS Analyst $145
GIS Manager $192
Planning Technician $125
Planning Technician $125
Assistant Planner $145
Associate Planner $166
Senior Planner $182
Principal Planner $197
Planning Manager $223
Planning Director $239
Assistant Environmental Planner $151
Associate Environmental Planner $171
Senior Environmental Planner $187
Environmental Director $223
Sustainability Programs Analyst $156
Sustainability Programs Manager $208
Principal-in-Charge $244
Notes: All hourly rates include overhead costs including, but not limited to, salaries, benefits, workers’ compensation insurance, travel and office expenses. Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate.
On July 1 of each year following the contract start year, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will deliver an invoice every month for services rendered during the previous month.
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
Ethan Edwards, AICP | Vice President of
Planning Services
CSG Consultants
3707 W Garden Grove Blvd, Ste 100
Orange, California, 92868
Tel: 714.568.1010
Fax: 714.568.1028
Email: [email protected]
Website: www.csgengr.com
Foster City • Orange • Sacramento • Pleasanton • San Jose • Newman • Fresno • Paso Robles
PROJECT CONTACT
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
6/20/2024
License # 0C36861
(925) 280-4671
24414
CSG Consultants, Inc.
550 Pilgrim Dr
Foster City, CA 94404
27740
39217
37257
10046
A 1,000,000
X X CGA1414883 12/4/2023 12/4/2024 1,000,000
10,000
1,000,000
2,000,000
2,000,000
B 1,000,000
X X 161001088 12/4/2023 12/4/2024
C 5,000,000
191000608 12/4/2023 12/4/2024
10,000 5,000,000
D
X 152000753 12/4/2023 12/4/2024 1,000,000
1,000,000
1,000,000
E Professional Liab. X 83 OH 0489503-23 12/4/2023 Ea Claim/Agg 5,000,000 RE: Professional services for staff augmentation
The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds on a Primary & Non-Contributory basis with respect to General liability, Professional Liability, & Auto liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations. 30 day notice of cancellation and Waiver of Subrogation applies, with endorsement to follow.
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
CSGCONS-01 JPERRY3
Alliant Insurance Services, Inc.
560 Mission St 6th Fl
San Francisco, CA 94105
Julia Perry
[email protected]
General Casualty Co of WI (QBE)
North Pointe Insurance Company
QBE Insurance Corporation
Praetorian Insurance Company
Pacific Insurance Company, Limited
Aggregate
X
12/4/2024
X
X
X
X
X
X
X
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
COMMERCIAL AUTO
CA 80 02 05 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 80 02 05 12
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1
ADDITIONAL INSURED BY CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. ADDITIONAL INSURED BY CONTRACT OR
AGREEMENT
Paragraph A.1. Who Is an Insured of SECTION
II — LIABILITY COVERAGE is amended to include the following:
Any person or organization to whom you become
obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to
furnish insurance to that person or organization of
the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However,
the insurance provided will not exceed the lesser
of:
1. The coverage and/or limits of this policy, or
2. The coverage and/or limits required by said
contract or agreement.
Policy Number: 161001088
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
CA-BA-2003 (12-20)
© , 2020
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE ENHANCEMENT
Name of Insured:
Policy Number:
Endorsement Number:
Effective Date of Endorsement:
Name of Insurer:
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PRELIMINARY STATEMENT – This endorsement broadens coverage provided under the Coverage Form.
However, further limitations and exclusions may apply to these coverages. Read all provisions of this endorsement and the entire policy carefully to determine all rights, duties, coverages and limitations provided.
A. BROADENED WHO IS AN INSURED N. LOAN/LEASE PAYOFF COVERAGE B. NEWLY ACQUIRED OR FORMED
ORGANIZATIONS
O. CUSTOM SIGNS AND DECORATIONS
C. LIABILITY COVERAGE EXTENSIONS
SUPPLEMENTARY PAYMENTS
P. HIRED AUTO PHYSICAL DAMAGE
D. FELLOW EMPLOYEE COVERAGE Q. EXTENDED EMPLOYEE HIRED AUTO
PHYSICAL DAMAGE
E. POLLUTION LIABILITY – BROADENED
COVERAGE FOR COVERED AUTOS
R. EXTRA EXPENSE – STOLEN AUTOS
F. EXTENDED TOWING S. PARKED AUTO COLLISION WAIVER OF
DEDUCTIBLE
G. PHYSICAL DAMAGE COVERAGE
EXTENSIONS
T. DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS
H. RENTAL REIMBURSEMENT U. WAIVER OF SUBROGATION
I. AIRBAG COVERAGE V. CANCELLATION CONDITION
J. AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT
W. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
K. TAPES, RECORDS AND DISCS COVERAGE X. POLICY PERIOD, COVERAGE TERRITORY L. PHYSICAL DAMAGE DEDUCTIBLE – SINGLE
DEDUCTIBLE AND GLASS REPAIR
Y. DEFINITION OF BODILY INJURY AMENDED
M. PERSONAL EFFECTS COVERAGE
CSG Consultants, Inc.
12/4/2023
North Pointe Insurance Company
161001088
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
CA-BA-2003 (12-20)
© , 2020
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PROVISIONS
A. BROADENED WHO IS AN INSURED
SECTION II — COVERED AUTOS LIABILITY
COVERAGE, A. Coverage, 1. Who Is An
Insured is amended by the addition of the
following:
Employees As Insureds
Any "employee" of yours is an "insured" while
using a covered "auto" you don't own, hire or
borrow in your business or your personal affairs.
Employee Hired Auto
Any "employee" of yours is an "insured" while
using an "auto" hired or rented under a contract
or agreement in that "employee's" name, with
your permission, while performing duties related
to the conduct of your business.
Additional Insured By Written Contract
Any person or organization to whom you are
required by a written contract or agreement to
provide additional insured status is an "insured"
under Covered Autos Liability Coverage, but only
to the extent that person or organization qualifies
as an "insured" under Section II.A.1. Who Is An
Insured of this Coverage Form. The written
contract or agreement must be in effect during the
policy period shown in the Declarations and must
have been executed prior to the "bodily injury" or
"property damage".
B. NEWLY ACQUIRED OR FORMED
ORGANIZATIONS
Throughout this policy, the words “you” and “your”
also refer to any subsidiary organization you newly
acquire or form and over which you maintain 50%
or more ownership interest, but only if there is no
similar insurance available to that organization.
However:
1. “Insured” does not include any subsidiary
organization where similar insurance is
unavailable because the organization has
exhausted that policy’s limits of insurance or
the other carrier has become insolvent.
2. The coverage does not apply to an "accident"
which occurred prior to your acquisition or
formation of the organization.
3. Unless you notify us to add coverage to your
policy, the coverage under this provision is
afforded only until:
a. The 180th day after you acquire or form
the organization, or
b. The end of the policy period, whichever
is earlier.
C. LIABILITY COVERAGE EXTENSIONS
SUPPLEMENTARY PAYMENTS
SECTION II — COVERED AUTOS LIABILITY
COVERAGE, A. Coverage, 2. Coverage
Extensions, a. Supplementary Payments,
Paragraphs (2) and (4) are replaced by the
following:
(2) Up to $5,000 for the cost of bail bonds
(including bonds for related traffic law
violations) required because of an "accident"
we cover. We do not have to furnish these
bonds.
(4) All reasonable expenses incurred by the
"insured" at our request, including actual loss
of earnings up to $500 a day because of time
off from work.
D. FELLOW EMPLOYEE COVERAGE
SECTION II — COVERED AUTOS LIABILITY
COVERAGE, B. Exclusions, 5. Fellow
Employee does not apply if the "bodily injury"
results from the use of a covered "auto" you own
or hire that is not a bus, motorcycle or van used
to transport “employees”.
This Fellow Employee Coverage is excess over
any other collectible insurance.
E. POLLUTION LIABILITY — BROADENED
COVERAGE FOR COVERED AUTOS
1. SECTION II – COVERED AUTOS
LIABILITY COVERAGE, B. Exclusions is
amended as follows:
a. 11. Pollution, Paragraph a. applies only
to liability assumed under a contract or
agreement.
b. With respect to the coverage afforded by
Paragraph 1.a. above, 6. Care, Custody
Or Control does not apply.
2. Changes in Definitions
For the purposes of this endorsement,
SECTION V — DEFINITIONS, Paragraph D.
is replaced by the following:
D. "Covered pollution cost or expense"
means any cost or expense arising out
of:
1. Any request, demand, order or
statutory or regulatory requirement
that any "insured" or others test for,
monitor, clean up, remove, contain,
treat, detoxify or neutralize, or in any
way respond to, or assess the effects
of "pollutants"; or
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
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© , 2020
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2. Any claim or "suit" by or on behalf of
a governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to or assessing the
effects of "pollutants".
"Covered pollution cost or expense" does
not include any cost or expense arising
out of the actual, alleged or threatened
discharge, dispersal, seepage,
migration, release or escape of
"pollutants":
a. Before the "pollutants" or any
property in which the "pollutants"
are contained are moved from
the place where they are
accepted by the "insured" for
movement into or onto the
covered "auto"; or
b. After the "pollutants" or any
property in which the "pollutants"
are contained are moved from
the covered "auto" to the place
where they are finally delivered,
disposed of or abandoned by the
"insured".
Paragraphs a. and b. above do not
apply to "accidents" that occur away
from premises owned by or rented to
an "insured" with respect to
"pollutants" not in or upon a covered
"auto" if:
(1) The "pollutants" or any
property in which the
"pollutants" are contained
are upset, overturned or
damaged as a result of the
maintenance or use of a
covered "auto"; and
(2) The discharge, dispersal,
seepage, migration, release
or escape of the "pollutants" is
caused directly by such upset,
overturn or damage.
This Pollution Liability Coverage is subject to an
Annual Aggregate Limit of Liability of $100,000.
F. EXTENDED TOWING
SECTION III — PHYSICAL DAMAGE
COVERAGE, A. Coverage, 2. Towing And
Labor is replaced by the following:
2. Extended Towing And Labor
We will pay for towing and labor costs each
time a covered "auto" is disabled. All labor
must be performed at the place of
disablement.
The most we will pay under this Extended
Towing coverage is $750 per occurrence.
No deductible applies to this coverage.
G. PHYSICAL DAMAGE COVERAGE
EXTENSIONS
SECTION III — PHYSICAL DAMAGE
COVERAGE, A. Coverage, 4. Coverage
Extensions is amended as follows:
a. Transportation Expenses
The amount we will pay for temporary
transportation expense is increased to $75
per day to a maximum of $3,000.
b. Loss of Use Expenses
The amount we will pay for loss of use is
increased to $75 per day and to a maximum
limit of $1,000.
H. RENTAL REIMBURSEMENT
1. This coverage applies only to a covered
"auto" described or designated in the
Schedule or in the Declarations as carrying
physical damage coverage.
2. We will pay for rental reimbursement
expenses incurred by you for the rental of an
"auto" because of "loss" to a covered "auto".
Payment applies in addition to the otherwise
applicable amount of coverage you have on
each covered "auto".
3. We will pay only for those expenses incurred
during the policy period beginning 24 hours
after the "loss" and ending, regardless of the
policy's expiration, with the lesser of the
following number of days:
a. The number of days reasonably required
to repair or replace the covered "auto". If
"loss" is caused by theft, this number of
days is added to the number of days it
takes to locate the covered "auto" and
return it to you; or
b. 30 days.
4. Our payment is limited to the lesser of the
following amounts:
a. Necessary and actual expenses
incurred; or
b. $75 per day
5. This coverage does not apply while there are
spare or reserve "autos" available to you for
your operations.
6. If "loss" results from the total theft of a
covered "auto" of the private passenger type,
we will pay under this coverage only that
amount of your rental reimbursement
expenses which is not already provided for
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
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© , 2020
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under SECTION III — PHYSICAL DAMAGE
COVERAGE in Paragraph A.4. Coverage
Extensions.
No deductible applies to this coverage.
I. AIRBAG COVERAGE
SECTION III — PHYSICAL DAMAGE
COVERAGE, B. Exclusions, Paragraph 3.a. is
amended by the addition of the following:
This exclusion does not apply to the unintended
discharge of an airbag.
J. AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT
SECTION III – PHYSICAL DAMAGE
COVERAGE is amended as follows:
1. C. Limits Of Insurance, Paragraph 1.b. is
amended as follows:
The $1,000 limit is increased to $1,500.
2. D. Deductible does not apply to coverage
provided in C. Limits Of Insurance,
Paragraph 1.b.
K. TAPES, RECORDS AND DISCS COVERAGE
SECTION III — PHYSICAL DAMAGE
COVERAGE, B. Exclusions, Paragraph 4.a. is
replaced by the following:
a. Tapes, records, discs or other similar audio,
visual or data electronic devices designed for
use with audio, visual or data electronic
equipment except when the tapes, records,
discs or other similar audio, visual or data
electronic devices:
(1) Are your property or that of a family
member, and
(2) Are in a covered "auto" at the time of
"loss".
The most we will pay for "loss" under this
Tapes, Records and Discs Coverage is $200.
No Physical Damage Coverage deductible
applies to this coverage.
L. PHYSICAL DAMAGE DEDUCTIBLE — SINGLE
DEDUCTIBLE AND GLASS REPAIR
SECTION III — PHYSICAL DAMAGE
COVERAGE, D. Deductible is replaced by the
following:
D. Deductible
For each covered "auto", our obligation to pay
for, repair, return or replace damaged or
stolen property will be reduced by the
applicable deductible shown in the
Declarations prior to the application of the
Limit of Insurance. Any Comprehensive
Coverage deductible shown in the
Declarations does not apply to "loss" caused
by fire or lightning.
When two or more covered "autos" sustain
"loss" in the same occurrence, the total of all
the "loss" for all the involved covered "autos"
will be reduced by a single deductible, which
will be the largest of all the deductibles
applying to all such covered "autos."
No deductible applies to glass damage if the
glass is repaired rather than replaced.
M. PERSONAL EFFECTS COVERAGE
1. If you purchase Comprehensive Coverage on
this policy for a stolen owned "auto", we will
pay up to $1,000 for "personal effects" stolen
with the "auto".
2. "Personal effects" as used in this extension
means tangible property that is worn or
carried by the "insured". "Personal effects"
does not include tools, jewelry, money,
securities, radar or laser detectors, or tapes,
records, discs or similar audio, visual or data
electronic equipment.
No deductible applies to this coverage.
The insurance provided by this extension is
excess over any other collectible insurance.
N. LOAN/LEASE PAYOFF COVERAGE
SECTION III — PHYSICAL DAMAGE
COVERAGE is amended by the addition of the
following:
In the event of a total "loss" to a covered "auto"
shown in the Declarations, we will pay any unpaid
amount due on the lease or loan for a covered
"auto", less:
1. The amount paid under the Physical Damage
Coverage Section of the policy; and
2. Any:
a. Overdue lease/loan payments at the time
of the "loss";
b. Financial penalties imposed under a
lease for excessive use, abnormal wear
and tear or high mileage;
c. Security deposits not returned by the
lessor;
d. Costs for extended warranties, Credit
Life Insurance, Health, Accident or
Disability Insurance purchased with the
loan or lease; and
e. Carry-over balances from previous loans
or leases.
O. CUSTOM SIGNS AND DECORATIONS
In the event of a total “loss” to a vehicle insured
for auto physical damage coverage on this policy,
in addition to the ACV of the vehicle, we will pay
the actual cost to repair or replace signage or
custom paint details up to $5,000.
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
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P. HIRED AUTO PHYSICAL DAMAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Physical Damage Coverage of
Comprehensive, Specified Causes of Loss, or
Collision are provided under this Coverage Form
for any "auto" you own, then the Physical
Damage Coverages provided are extended to
"autos" you hire of like kind and use subject to the
following limit:
The most we will pay for any one “loss” is the
lesser of the following:
1. $100,000 per “accident”;
2. Actual Cash Value; or
3. The cost of repair.
The deductible will be equal to the largest
deductible applicable to any owned "auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. This Hired Auto Physical
Damage coverage is excess over any other
collectible insurance. Subject to the above limit,
deductible and excess provisions, we will provide
coverage equal to the broadest coverage
applicable to any covered "auto" you own.
Q. EXTENDED EMPLOYEE HIRED AUTO
PHYSICAL DAMAGE
SECTION IV — BUSINESS AUTO
CONDITIONS, B. General Conditions, 5. Other
Insurance, Paragraph b. is replaced by the
following:
b. For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
"autos" you own:
(1) Any covered "auto" you lease, hire, rent
or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in that
individual "employee's" name, with your
permission, while performing duties
related to the conduct of your business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
R. EXTRA EXPENSE – STOLEN AUTOS
SECTION III – PHYSICAL DAMAGE
COVERAGE, A. Coverage, 4. Coverage
Extensions is amended by the addition of the
following:
Extra Expense – Stolen Autos
We will pay the extra expense of returning a
stolen covered “auto” to you if:
(1) The Declarations indicates that
Comprehensive Coverage is provided for the
stolen covered “auto”; or
(2) The Declarations indicates that Specified
Causes of Loss is provided for the stolen
covered “auto”.
However, the most we will pay for any extra
expense under this Coverage Extension is
$1,000.
S. PARKED AUTO COLLISION WAIVER OF
DEDUCTIBLE
SECTION III – PHYSICAL DAMAGE
COVERAGE, Paragraph D. Deductible is
amended by the addition of the following:
The deductible does not apply to "loss" caused by
collision to a covered "auto" of the private
passenger type or light weight truck with a
maximum gross vehicle weight of 10,000 lbs. or
less as defined by the manufacturer while it is:
1. In the charge of an "insured";
2. Legally parked; and
3. Unoccupied.
The "loss" must be reported to the police within
24 hours of known damage.
The total amount of the damage to the covered
"auto" must exceed the deductible shown in the
Declarations.
This provision does not apply to any "loss" if the
covered "auto" is in the charge of any person or
organization in the automobile business.
T. DUTIES IN EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS
SECTION IV — BUSINESS AUTO
CONDITIONS, A. Loss Conditions, 2. Duties In
The Event Of Accident, Claim, Suit Or Loss,
Paragraph a. is replaced by the following:
a. In the event of "accident", claim, "suit" or
"loss", you, your insurance manager or any
other person you designate must give us or
our authorized representative prompt notice
of such "accident" or "loss". Include:
(1) How, when and where the "accident" or
"loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and
addresses of any injured persons and
witnesses.
Knowledge of an "accident", claim, "suit" or
"loss" by your agent, servant or "employee"
shall not be considered knowledge by you
unless you, your insurance manager or any
other person you designate has received
notice of the "accident", claim, "suit" or "loss"
from your agent, servant, or "employee".
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CA-BA-2003 (12-20)
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U. WAIVER OF SUBROGATION
SECTION IV — BUSINESS AUTO
CONDITIONS, A. Loss Conditions, 5. Transfer
Of Rights Of Recovery Against Others To Us
is amended as follows:
This condition does not apply to any person or
organization to which you waived this condition
by written contract or agreement, but only to the
extent that subrogation is waived prior to the
"accident" or "loss" under a contract with that
person or organization.
V. CANCELLATION CONDITION
Subject to any statute or regulation requiring a
longer time period, if we cancel for any reason
other than nonpayment of premium, we will mail
or deliver to the first Named Insured written notice
of cancellation at least 90 days prior to the
effective date of cancellation.
W. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
SECTION IV — BUSINESS AUTO
CONDITIONS, B. General Conditions, 2.
Concealment, Misrepresentation Or Fraud is
amended by the addition of the following:
Any unintentional failure to disclose all exposures
or hazards existing as of the effective date of this
Coverage Form or at any time during the policy
period will not invalidate or adversely affect the
coverage for such exposure or hazard. However,
you must report the undisclosed exposure or
hazard to us as soon as reasonably possible after
its discovery.
X. POLICY PERIOD, COVERAGE TERRITORY
SECTION IV — BUSINESS AUTO
CONDITIONS, B. General Conditions, 7.
Policy Period, Coverage Territory is replaced
by:
7. Policy Period, Coverage Territory
Under this Coverage Form, we cover
"accidents" and "losses" occurring:
a. During the policy period shown in the
Declarations; and
b. Within the coverage territory.
The coverage territory is:
(1) The United States of America;
(2) The territories and possessions of
the United States of America;
(3) Puerto Rico;
(4) Canada; and
(5) Anywhere else in the world if a
covered "auto" is leased, hired,
rented or borrowed for a period of 30
days or less,
provided that the "insured's" responsibility to
pay damages is determined in a "suit" on the
merits, in the United States of America, the
territories and possessions of the United
States of America, Puerto Rico or Canada, or
in a settlement we agree to.
We also cover "loss" to, or "accidents"
involving, a covered "auto" while being
transported between any of these places.
Y. DEFINITION OF BODILY INJURY AMENDED
SECTION V — DEFINITIONS, Paragraph C. is
replaced the following:
C. "Bodily injury" means bodily injury, sickness
or disease sustained by a person, including
mental anguish, injury or illness or emotional
distress and/or death resulting from any of
these at any time.
None of the extensions provided under this coverage
endorsement apply if coverage is more specifically
identified elsewhere in the policy or endorsements,
for which a premium charge is made or a higher limit
is identified. Under no circumstances is any limit
provided under this extension to be combined with a
limit provided elsewhere in the policy or
endorsements.
All other terms and conditions of this policy remain
unchanged.
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
COMMERCIAL GENERAL LIABILITY
CG 81 02 08 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 81 02 08 05
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CONTRACTORS BLANKET ADDITIONAL INSURED
ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section II) is amended to
include as an insured any person or organization
(called additional insured) whom you are required
to add as an additional insured on this policy
under a written contract or written agreement; but
the written contract or written agreement must be:
1. Currently in effect or becoming effective
during the term of this policy; and
2. Executed prior to the “bodily injury”, “property
damage” or “personal and advertising injury”.
B. The insurance provided to the additional insured
is limited as follows:
1. That person or organization is an additional
insured only with respect to liability for “bodily
injury”, “property damage” or “personal and
advertising injury” caused in whole or in part,
by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf.
in the performance of your operations for the
additional insured.
2. The Limits of Insurance applicable to the
additional insured are those specified in the
written contract or written agreement or in the
Declarations of this policy, whichever is less.
These Limits of Insurance are inclusive of,
and not in addition to, the Limits of Insurance
shown in the Declarations.
3. The coverage provided to the additional
insured by this endorsement and paragraph f.
of the definition of “insured contract” under
DEFINITIONS (SECTION V) do not apply to
“bodily injury” or “property damage” arising
out of the “products-completed operations
hazard” unless required by the written
contract or written agreement.
4. The insurance provided to the additional
insured does not apply to:
“Bodily injury”, “property damage”, or
“personal and advertising injury” arising out of
the rendering of, or failure to render, any
professional architectural, engineering or
surveying services, including:
a. The preparing, approving, or failure to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; and
b. Supervisory, inspection, architectural or
engineering activities.
5. We have no duty to defend or indemnify an
additional insured under this endorsement:
a. For any liability due to negligence
attributable to any person or entity other
than you or those acting on your behalf in
the performance of your operations for
the additional insured.
b. For any loss which occurs prior to our
named insured commencing operations
at the location of the loss.
c. Until we receive written notice of a claim
or “suit” from the additional insured as
required in the Duties In The Event of
Occurrence, Offense Claim or Suit
Condition.
C. As respects the coverage provided under this
endorsement, the COMMERCIAL GENERAL
LIABILITY CONDITIONS (SECTION IV) are
amended as follows:
1. The following is added to the Duties In The
Event of Occurrence, Offense, Claim or
Suit Condition:
An additional insured under this endorsement
will as soon as practicable:
Policy Number: CGA1414883
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Copyright, Insurance Services Office, Inc. 2002 CG 81 02 08 05 (1) Give written notice of an occurrence
or an offense to us which may result
in a claim or “suit” under this
insurance;
(2) Agree to trigger or activate any other
insurance which the additional
insured has, which is primary, for a
loss we cover under this Coverage
Part by tendering the defense to the
insurers of all such other insurance.
2. As respects the coverage provided under this
endorsement, Paragraph 4.b. of the Other
Insurance Condition is deleted and replaced
by the following:
4. Other Insurance
b. Excess Insurance
This insurance is excess over any
other insurance naming the additional
insured as an insured whether
primary, excess, contingent or on any
other basis unless the written contract
or agreement described in A. above
specifically requires that this
insurance be provided on either a
primary basis or a primary and
noncontributory basis.
Policy Number: CGA1414883
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COMMERCIAL GENERAL LIABILITY
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PREMIER GENERAL LIABILITY COVERAGE
EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
A. REASONABLE FORCE
Paragraph 2.a. Expected or Intended Injury
under COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY of SECTION I
— COVERAGES within the COMMERCIAL
GENERAL LIABILITY COVERAGE FORM is
replaced by:
a. Expected or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect any
person or property.
B. CONTRACTUAL LIABILITY
Paragraph 2.b. Contractual Liability under
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by:
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages:
(1) That the insured would have had in the
absence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an "insured contract", provided the
"bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement.
C. NON OWNED WATERCRAFT
Paragraph 2.g.(2) in the Aircraft, Auto Or Watercraft exclusion under COVERAGE A. BODILY
INJURY AND PROPERTY DAMAGE LIABILITY
of SECTION I — COVERAGES within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by:
g. Aircraft, Auto Or Watercraft
(2) A watercraft you do not own that is:
(a) less than 75 feet long; and
(b) Not being used to carry persons or
property for a charge.
D. ELECTRONIC DATA LIABILITY
1. Paragraph 2.p. Electronic Data under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by:
p. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property.
However, this exclusion does not apply to
liability for damages because of "bodily
injury".
2. The following definition is added to SECTION V — DEFINITIONS:
"Electronic data" means information, facts or
programs stored as or on, created or used on,
or transmitted to or from computer software,
hard or floppy disks, CD-ROMS, tapes,
drives, cells, data processing devices or any
other media which are used with electronically
controlled equipment.
3. For purposes of the coverage provided for
"Electronic Data", Paragraph 17. in SECTION V — DEFINITIONS is replaced by:
17. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of
that property. All such loss of use
shall be deemed to occur at the time
of the physical injury that caused it; or
Policy Number: CGA1414883
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b. Loss of use of tangible property that
is not physically injured. All such loss
of use shall be deemed to occur at
the time of the "occurrence" that
caused it; or
c. Loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such
loss of "electronic data" shall be
deemed to occur at the time of the
"occurrence" that caused it.
For purposes of this insurance, "electronic data" is not tangible property.
E. DAMAGE TO PREMISES RENTED TO YOU
1. The last paragraph after the listed exclusions
under COVERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by:
Exclusions c. through n. do not apply to
"property damage" by fire; smoke from a
"hostile fire"; explosion; lightning; smoke resulting from such explosion or lightning; collision by "mobile equipment" or leakage from fire protection systems to premises while
rented to you or temporarily occupied by you
with permission of the owner. A separate limit
of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE.
2. Paragraph 6. of SECTION III — LIMITS OF
INSURANCE within the COMMERCIAL
GENERAL LIABLITY COVERAGE FORM is
replaced by:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay in any one event under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE for damages
because of "property damage" from fire;
smoke from a "hostile fire"; explosion;
lightning; smoke resulting from such explosion or lightning; collision by "mobile equipment" or leakage from fire protection
systems to premises while rented to you
or temporarily occupied by you with permission of the owner.
F. MEDICAL PAYMENTS
1. Paragraph 1.a. under COVERAGE
C. MEDICAL PAYMENTS of SECTION I —
COVERAGES within the COMMERCIAL
GENERAL LIABILITY COVERAGE FORM is
replaced by:
1. Insuring Agreement
a. We will pay medical expenses as described below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you
own or rent; or
(3) Because of your operations:
Provided that:
(a) The accident takes place in
the "coverage territory" and
during the policy period;
(b) The expenses are incurred
and reported to us within
three years of the date of the
accident; and
(c) The injured person submits to
examination, at our expense,
by physicians of our choice
as often as we reasonable
require.
G. SUPPLEMENTARY PAYMENTS
SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I COVERAGES within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by:
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any
vehicle to which the Bodily Injury Liability
Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do
have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings up
to $500 a day because of time off from
work.
e. All costs taxed against the "insured" in
any "suit".
f. Prejudgment interest awarded against the
insured on that part of the judgment we
pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that
period of time after the offer.
Policy Number: CGA1414883
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g. All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.
These payments will not reduce the limits of
insurance.
2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a
party to the "suit", we will defend that indemnitee if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured
contract";
b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of
the defense of, that indemnitee, has also
been assumed by the insured in the same
"insured contract";
d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to
conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend
the insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation, settlement or defense of the "suit";
(b) Immediately send us copies of
any demands, notices, summonses or legal papers received in connection with the "suit";
(c) Notify any other insurer whose
coverage is available to the indemnitee; and
(d) Cooperate with us with respect
to coordinating other applicable
insurance available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense
of the indemnitee in such "suit".
Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as
Supplementary Payments ends when we
have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth
above, or the terms of the agreement described in Paragraph f. above, are no longer met.
H. FELLOW EMPLOYEE COVERAGE —
SUPERVISOR OR HIGHER
Paragraph 2.a.(1) of SECTION II — WHO IS AN
INSURED within the COMMERCIAL GENERAL
LIABILITY COVERAGE FORM does not apply to
the following:
Your supervisory or management "employees" for
"bodily injury" only.
Damages owed to an injured co-"employee" or
"volunteer worker" will be reduced by any amount
paid or available to the injured co-"employee" or
"volunteer worker" under any other valid and
collectible insurance.
I. NEWLY ACQUlRED ORGANIZATIONS
Paragraph 3.a. of SECTION II — WHO IS AN
INSURED within the COMMERCIAL GENERAL
LIABILITY COVERAGE FORM is replaced by:
a. Coverage under this provision is afforded only
until the end of the current policy period.
J. BROAD FORM NAMED INSURED
The following is added to SECTION II — WHO IS
AN INSURED within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM:
Throughout this policy the words "you" and "your"
refer to any corporation or other business organization, other than a joint venture, in which the first Named Insured has or acquires during the policy
period an ownership interest of more than 50%
and is subject to the management control of the
first Named Insured or its subsidiaries, and which
is domiciled within the United States of America
or its territories or possessions.
K. AMENDMENT OF AGGREGATE LIMIT OF
INSURANCE
The General Aggregate Limit Of Insurance referenced in Paragraph 2. of SECTION III — LIMITS OF INSURANCE within the COMMERCIAL
GENERAL LIABILITY COVERAGE FORM
applies separately to:
1. Each of your "locations" owned by or rented
to you; and
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2. Each of your projects away from premises
owned by or rented to you.
"Location" means premises involving the same or
connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway or
right-of-way of a railroad.
L. KNOWLEDGE OF OCCURRENCE
The following is added to Paragraph 2. Duties In
The Event Of Occurrence, Offense, Claim Or
Suit of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS within the COMMERCIAL
GENERAL LIABILITY COVERAGE FORM:
Knowledge of an "occurrence", offense, claim or
"suit" by your agent, servant or "employee" shall
not be considered knowledge by you unless you,
your insurance manager or any other person you
designate has received notice of the "occurrence", offense, claim or "suit" from your agent, servant, or "employee."
M. OTHER INSURANCE
Paragraph 4.b.(1)(a) in the Other Insurance
condition of SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS within the
COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by:
4. Other Insurance
b. Excess Insurance
(1) This insurance is excess over:
(a) any of the other insurance,
whether primary, excess, contingent or on any other basis:
(i) That is Fire, Extended Coverage, Builders Risk; Installation Risk or similar coverage for "your work";
(ii) That is insurance covering
Fire; smoke from a "hostile
fire"; explosion; lightning;
smoke resulting from such
explosion or lightning; collision by "mobile equipment" or leakage from fire protection systems for premises
while rented to you or temporarily occupied by you with permission of the owner; or
(iii) That is insurance to cover your
liability as a tenant for "property damage" to premises while rented to you or temporarily
occupied by you with permission of the owner; or
(iv) If the loss arises out of the
maintenance or use of aircraft,
"autos", or watercraft to the
extent not subject to Paragraph 2.g. Aircraft, Auto Or Watercraft under COVERAGE A. BODILY INJURY
AND PROPERTY DAMAGE
LIABILITY of SECTION I –
COVERAGES within the
COMMERCIAL GENERAL
LIABILITY COVERAGE
FORM.
N. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
The following is added to Paragraph
6. Representations of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS within the COMMERCIAL GENERAL LIABILITY
COVERAGE FORM:
Any unintentional failure to disclose all exposures
or hazards existing as of the effective date of the
Commercial General Liability Coverage Form or
at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report
the undisclosed exposure or hazard to us as soon
as reasonably possible after the exposure or
hazard is discovered.
O. WAIVER OF SUBROGATION
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM:
This condition does not apply to any person or
organization to which you waived this condition by
written contract or agreement, but only to the
extent that subrogation is waived prior to the
"bodily injury" or "property damage" under a
contract with that person or organization.
P. LIMITED WORLDWIDE LIABILITY COVERAGE
The following is added to SECTION IV — CONDITIONS within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM:
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Expanded Coverage Territory
1. If a "suit" is brought in a part of the "coverage
territory" that is outside the United States of
America (including its territories and possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from defending the insured, the insured will initiate a defense of the "suit". We will reimburse the insured, under Supplementary Payments, for any reasonable and necessary expenses incurred for the defense of a "suit" seeking damages to which this insurance applies, that
we would have paid had we been able to exercise our right and duty to defend.
If the insured becomes legally obligated to
pay sums because of damages to which this
insurance applies in a part of the "coverage
territory" that is outside the United States of
America (including its territories and possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from paying
such sums on the insured's behalf, we will reimburse the insured for such sums.
2. All payments or reimbursements we make for
damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All payments or reimbursements we
make for expenses under Supplementary
Payments will be made in U.S. currency at
the prevailing exchange rate at the time the
expenses were incurred.
3. Any disputes between you and us as to
whether there is coverage under this policy
must be filed in the courts of the United
States of America (including its territories and
possessions), Puerto Rico or Canada.
4. The insured must fully maintain any coverage
required by law, regulation or other governmental authority during the policy period, except for reduction of the aggregate limits due to payments of claims, judgments or settlements.
Failure to maintain such coverage required by
law, regulation or other governmental authority will not invalidate this insurance. However, this insurance will apply as if the required
coverage by law, regulation or other governmental authority was in full effect.
For purposes of this coverage only, the following
is added to Paragraph 4.b.(1)(a) under Other
Insurance of SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS within the
COMMERCIAL GENERAL LIABILITY COVERAGE FORM:
If the insured's liability to pay damages is determined in a "suit" brought outside the United States of America (including its territories and
possessions), Puerto Rico or Canada; or
That is coverage required by law, regulation or
other governmental authority in a part of the
"coverage territory" that is outside the United
States of America (including its territories and
possessions), Puerto Rico or Canada.
For purposes of this coverage only, Paragraph 4.
of SECTION V — DEFINITIONS within the
COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by:
4. "Coverage territory" means anywhere in the
world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United
States of America.
Q. BODILY INJURY REDEFINITION
Paragraph 3. of SECTION V. — DEFINITIONS
within the COMMERCIAL GENERAL LIABILITY
COVERAGE FORM is replaced by:
3. "Bodily injury" means bodily injury, sickness
or disease sustained by a person, including
mental anguish, injury or illness or emotional
distress and/or death resulting from any of
these at any time.
R. INSURED CONTRACT — LEASE OF PREMISES
Paragraph 9.a. of SECTION V — DEFINITIONS
within the COMMERCIAL GENERAL LIABILITY
COVERAGE FORM is replaced by:
9. "Insured contract" means:
a. a contract for lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person
or organization for "property damage" by
fire; smoke from a "hostile fire", explosion; lightning; smoke resulting from such explosion or lightning; collision by "mobile
equipment" or leakage from fire protection
systems to premises while rented to you
or temporarily occupied by you with permission of the owner is not an "insured contract".
S. LIBERALIZATION
If we revise this endorsement to provide more
coverage without additional premium charge, your
policy will automatically provide the coverage as
of the day the revision is effective in your state.
Policy Number: CGA1414883
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T. GOOD SAMARITAN SERVICES
1. Under SECTION II — WHO IS AN INSURED,
paragraph 2.d., the following is added:
This exclusion does not apply to your employees or volunteer workers, other than an employed or volunteer physician, rendering
"Good Samaritan services".
2. The following definition is added to SECTION
V — DEFINITIONS:
"Good Samaritan services" means any emergency medical services for which no compensation is demanded or received.
Policy Number: CGA1414883
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.
Insured Premium $
Insurance Company Countersigned by
WC 00 03 13
(Ed. 4-84) Copyright 1983 National Council on Compensation Insurance.
Blanket Waiver of Subrogation as required by written contract. 12/4/2023 152000753
CSG Consultants, Inc.
Praetorian Insurance Company
DocuSign Envelope ID: 3FC673D4-DD05-4040-87E9-019A2D4C6165
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND CSG CONSULTANTS, INC. TO PROVIDE STAFF AUGMENTATION
THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("First Amendment") is made and entered into this 13th day of August 2024, by and between the City of Hermosa Beach, a municipal corporation ("City'') and CSG Consultants, Inc. ("Consultant”).
RECITALS
A. On June 27, 2024, City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of two years and a not-to-exceed amount of $30,000.
B. To continue current contract services currently being provided to fill a staff vacancy, the parties mutually desire to increase the not-to-exceed limit by $85,000, for a total of $115,000.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. Section 1 is amended to read as follows:
CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.
As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.
As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $115,000 in accordance with the rates listed in FEE SCHEDULE, attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.
CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month.
CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. Except as modified above, the Agreement and each and every term and provision thereof remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the 13th day of August, 2024.
CITY OF HERMOSA BEACH CSG Consultants, Inc.
By: _______________________________ By: _______________________________ Dean Francois, MAYOR Cyrus Kianpour, PE, PLS, President
APPROVED AS TO FORM ATTEST
By: _______________________________ By: _______________________________ Patrick Donegan, CITY ATTORNEY Myra Maravilla, CITY CLERK
City of Hermosa Beach | Page 1 of 1
Meeting Date: August 13, 2024
Staff Report No. 24-CMO-031
Honorable Mayor and Members of the Hermosa Beach City Council
TENTATIVE FUTURE AGENDA ITEMS
Attached is the current list of tentative future agenda items for Council’s information.
The tentative future agenda provides a preliminary preview of topics planned for discussion at upcoming City Council meetings over a specified period, typically the next three months. The items listed in this document are "tentatively" scheduled, meaning they are subject to change and should not be considered final until the official agenda for each meeting is posted. This document is a work in progress and offers a glimpse into the City's priorities and planned discussions, allowing stakeholders to anticipate and prepare for potential topics of interest.
Key Features of a Tentative Future Agenda Document:
1. Tentative Schedule: Each agenda item is assigned a tentative date, indicating when it is expected to be discussed. These dates are provisional and may be adjusted based on various factors.
2. Work in Progress: The document is continuously updated as new items emerge, priorities shift, or additional information becomes available. This flexibility ensures City Council can address the most pressing issues in a timely manner.
3. Transparency and Communication: By publishing a tentative future agenda, the City aims to maintain transparency with residents, businesses, and other stakeholders. It helps the community stay informed about potential topics of discussion and provides an opportunity for public engagement and preparation.
4. Fluid Scheduling: The scheduling of agenda items is fluid until the official agenda for a specific City Council meeting is posted. Changes can occur due to various reasons, such as new developments, additional preparatory work required, or changes in workload or priority.
Attachment:
Tentative Future Agenda Items
August 8, 2024
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council August 13, 2024
TENTATIVE FUTURE AGENDA ITEMS
TUESDAY, AUGUST 27, 2024
NO MEETING (DARK)
WEDNESDAY, SEPTEMBER 4, 2024
STUDY SESSION PLACEHOLDER
SEPTEMBER 10, 2024 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
SEPTEMBER 10, 2024 @ 6:00 PM
PRESENTATIONS
RECOGNIZING SEPTEMBER 21–27, 2024 AS UNITED AGAINST HATE WEEK
RECOGNIZING SEPTEMBER AS NATIONAL PREPAREDNESS MONTH
RECOGNIZING SEPTEMBER 17, 2024 AS NATIONAL VOTER REGISTRATION DAY RECOGNIZING SEPTEMBER 15–OCTOBER 15 AS NATIONAL HISPANIC HERITAGE MONTH
CITY MANAGER REPORTS
Public Works Director Update
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Vacancies – Public Works Commission – Upcoming Expiration of Terms – Request to Advertise Three Positions from September 11 – September 30 City Clerk 4-year Term
Vacancy – Representative to the Los Angeles County West Vector and Vector-Borne Disease Control District Board Upcoming Expiration of Term – Recommendation to Immediately Advertise and Request Applications from Interested Parties for one Representative for a Two-Year Term Ending December 31, 2026.
City Clerk 2-year Term
Check Registers Finance Director Ongoing
Reappropriation of Funds from FY 2023-24 to FY 2024-25 and Approval of Related Revenue Revisions
Finance Director Annual
Action Minutes of the Planning Commission Meeting of August 20, 2024 Community Development Director Ongoing Action minutes of the Civil Service Board Meeting of July 17, 2024 Interim Human Resources Manager Ongoing Approval of revised class specification for Interim Human Resources Manager
Interim Human Resources Manager Staff Request
Jul 10, 2024
Los Angeles Fire and Ambulance Monthly Report for July 2024 Emergency Management Coordinator
Monthly
Approval of Transfer Agreement Between The Los Angeles County Flood Control District and Hermosa Beach Agreement No. 2024MP32 Safe, Clean Water Program – Municipal Program
Environmental Programs Manager Staff Request
Jul 22, 2024
MUNICIPAL MATTERS
Communications Plan and Protocols update City Manager Council Direction Jun 1, 2024
Parking In-Lieu Fee Update Community Development Director Staff Request Feb. 21, 2024
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
2 SEPTEMBER 24, 2024 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
SEPTEMBER 24, 2024 @ 6:00 PM
PRESENTATIONS
RECOGNIZING PLANNING COMMISSIONER MARIE RICE FOR HER SERVICE TO THE CITY
LOS ANGELES COUNTY FIRE SERVICES AND
MCCORMICK AMBULANCE 2024 SEMI-ANNUAL REVIEW
RECOGNIZING OCTOBER 2, 2024 AS CALIFORNIA CLEAN AIR DAY
AND UPDATE ON CLEAN POWER ALLIANCE TRANSITION
CITY MANAGER REPORTS
Public Works Director Update
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report, and CIP Report by Project for July and August 2024
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for July and August 2024 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Action minutes of the Public Works Commission Meeting of July 17, 2024 Public Works Director Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission Meeting of August 6, 2024
Community Resources Director Ongoing
Action Minutes of the Planning Commission Meeting of September 17, 2024 Community Development Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing South Bay Workforce Investment Board Quarterly Summary (4th Quarter) Chris Cagle Quarterly
MUNICIPAL MATTERS
Economic Development Strategy Progress Report Community Development Director Semi-Annual FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
3 OCTOBER 8, 2024 @ 4:00 PM
INTERVIEWS FOR PUBLIC WORKS COMMISSION
OCTOBER 8, 2024 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
OCTOBER 8, 2024 @ 6:00 PM
CITY MANAGER REPORTS
Public Works Director Update
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Action minutes of the Civil Service Board Meeting of August 21, 2024 Interim Human Resources Manager Ongoing Los Angeles Fire and Ambulance Monthly Report for August 2024 Emergency Management Coordinator
Monthly
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
OCTOBER 22, 2024 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
OCTOBER 22, 2024 @ 6:00 PM
CITY MANAGER REPORTS
Public Works Director Update
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report, and CIP Report by Project for September 2024
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for September 2024 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission Meeting of September 3, 2024
Community Resources Director Ongoing
Approval of 2025 Returning Impact Level III Special Events Community Resources Director Staff Request Action Minutes of the Planning Commission Meeting of October 15, 2024 Community Development Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
4 WEDNESDAY, NOVEMBER 6, 2024
STUDY SESSION PLACEHOLDER
NOVEMBER 12, 2024 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
NOVEMBER 12, 2024 @ 6:00 PM
CITY MANAGER REPORTS
Public Works Director Update
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Action minutes of the Civil Service Board Meeting of September 18, 2024 Interim Human Resources Manager Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission Meeting of October 1, 2024
Community Resources Director Ongoing
Los Angeles Fire and Ambulance Monthly Report for September 2024 Emergency Management Coordinator
Monthly
PUBLIC HEARINGS – 6:30 PM
Approval of 2025 New Special Events Community Resources Staff Request
MUNICIPAL MATTERS
Designation of a Maximum Amount of Fee Waivers for Special Events Held in 2025
Community Resources Staff Request
Appointment of a Representative to the Los Angeles County West Vector and Vector-Borne Disease Control District Board
City Clerk Two-Year Term
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
TUESDAY, NOVEMBER 26, 2024
NO MEETING (DARK)
THURSDAY, DECEMBER 5, 2024
CERTIFICATION OF ELECTION RESULTS AND
INSTALLATION OF OFFICERS
TUESDAY, DECEMBER 10 & 24, 2024
NO MEETINGS (DARK)
5 PENDING STRATEGIC PLAN ITEMS
STATUS /
TENTATIVE MEETING DATE
Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Director
This item will be addressed
through the creation of the
Volleyball Court Use Policy, to
be reviewed by City Council in
FY 2024-25 (tentative/date to
be determined)
Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst
PENDING NEW ITEMS
STATUS /
TENTATIVE MEETING DATE
Approval of the Municipal Lease Policy
Initiated by: Staff Request Jun. 12, 2018
Community Resources
Director
Waiting on a building
assessment of the Kiwanis
Building, Rotary Building, and
Lawn Bowling Club to
determine the level of
maintenance, repairs, and
future upgrades that may be
needed and required by the
City.
Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization)
Initiated by: Council Direction Jul. 9, 2019
Public Works Director Council approved $25,000 in
the FY 2023-2024 Budget to
study the District rates and to
consider creating a new
supplemental district. The
study will seek to address the
annual operating deficit, so that
no further subsidies from the
General Fund or other
discretionary funds would be
required. The study should
include District-related
recommendations from the
Parks Master Plan, thereby,
shifting completion of the study
to FY 2024-25. The study is
anticipated to take
approximately 4 to 6 months to
complete pending staff
availability. If council agrees to
then advance the adjustment, it
will need to go to a city-wide
ballot in compliance with
Proposition 218.
Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk
Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Community
Development Director
Staff to work with BCHD to
consider appropriate timing to
return to consider a full ban
Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
Administrative Memorandum
(AM) on City Branding and
Logo Use by City Staff. City
6 staff will begin drafting the
AM after finalizing the City’s
style guide and filing its “Intent
to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and
handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only once after the
City receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.
Follow-up on Mayor’s Pledge
Initiated by: Council Direction August 25, 2020
City Manager’s
Office/Police Chief
City to provide events for the
Mayor’s Pledge criteria
Ordinance to regulate nuisance Outdoor Lighting
Initiated by: Staff Request June 3, 2021
Community
Development Director
Council referred to Planning
Commission at June 2021
meeting, tentatively scheduled
for Planning Commission,
February 2022
An Ordinance of the City of Hermosa Beach, California, adding Chapter
12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property
Initiated by: Staff Request June 12, 2021
City Attorney
PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Community
Development
Director/Environmental
Program Manager
The next update to City
Council will be in 2026
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager
Consideration of rules that would govern operation of off-sale alcohol establishments in downtown and consideration of queuing for on-sale alcohol establishments. (supported by Massey, Saemann and Detoy) Initiated by: Council Direction June 13, 2023
Community
Development/Police
Chief/Deputy City
Manager
Ordinance to be established to
address items
Review of Los Angeles Metro C Line (Green) Extension to Torrance (supported by Jackson, Detoy and Francois)
Initiated by: Council Direction September 26, 2023
City Manager
Information Item: Discussion Regarding the Creation of an Informal Civic Facilities Community Advisory Group
(supported by Francois and Saemann)
Initiated by: Council Direction February 27, 2024
City Manager This item will return to City
Council when the community
engagement process is
expected to begin.
Consideration of a Revocation Policy for Parking Permits Related to ShortTerm Rental Violations Initiated by: Council Direction April 9, 2024
Community
Development Director
Consideration of a Letter of Support for AB 687
Initiated by: Council Direction April 9, 2024
Deputy City Manager
Update the City Communications Plan
Initiated by: Council Direction June 1, 2024
City Manager
Consideration of City to cover initial cost to establish Tourism Improvement District (TID) to be reimbursed by Chamber of Commerce (supported by Detoy, Francois, and Jackson)
Initiated by: Council Direction June 25, 2024
City Manager
Information Item on Options for Enforcement of Administrative Fines (supported by Jackson, Massey, and Saemann)
Initiated by: Council Direction July 23, 2024
Community
Development Director