2025
City of Hermosa Beach
Special Event Permit Application Overview
Event Title: Smackfest Coed 4’s Volleyball Tournament
Impact Level: III
Applicant Name: Bill Sigler
Organization Name: Smackfest Events
Non-Profit: NO/YES
Event Date(s): Saturday, June 28
Event Time: 9:00am-7:00pm
Event Summary: Adult volleyball tournament for all levels Returning Event: NO/YES
Event Location (Site Map Attached): Volleyball courts north of the Pier with no impact to the Beach Tennis Courts.
Temporary courts would installed but no relocation of any of the existing permanent courts would be needed.
Estimated Number of Participants: 700
Estimated Number of Spectators: 1,500
Age of Participants: 18 & over
Participant Fee: $150 per team
Parking: Yes
Amplified Sound: Yes, for a DJ
Generator(s): Yes
Fenced Area(s): Snow fencing around the event perimeter Stage(s), Structure(s) or Tent(s): Tents
Security: Yes
Sponsor(s): None
Vendor(s): Yes
Filming/Still Photography: No
Estimated Fees Payable to the City
Application (Commercial) $1,028
Category III $3,599 per event day
Amplified Sound $201
Parking TBD
*Additional fees to apply due to required staffing and/or services from the City of Hermosa Beach’s Community Resources Department, Community Services Department, Public Works Department, Police Department, and the Los Angeles County Fire Department.
Smackfest
Added
Courts
City of Hermosa Beach | Page 1 of 5
Meeting Date: September 24, 2024
Staff Report No. 24-CDD-055
Honorable Mayor and Members of the Hermosa Beach City Council
APPROVAL OF THE FOURTH AMENDMENT TO AGREEMENT WITH WILLDAN
ENGINEERING FOR STAFF AUGMENTATION SERVICES FOR COMMUNITY
DEVELOPMENT
(Building and Code Enforcement Official Guillermo Hobelman and Community Development Director Carrie Tai)
Recommended Action:
Staff recommends City Council:
1. Approve the proposed fourth amendment to an agreement with Willdan Engineering for plan review and staff augmentation services to increase the notto-exceed amount by $100,000, resulting in a total not-to-exceed amount of $395,000 and a term ending June 30, 2025 (Attachment 1); and
2. Authorize the Mayor to execute and the City Clerk to attest the attached fourth amendment subject to approval by the City Attorney.
Executive Summary:
The Community Development Department uses contract building plan review specialists for most plan submittals and has utilized this type of third-party service for several decades. The department currently has two specialists on contract and would like to ensure the ability to maintain timely building plan review of projects. The proposed fourth amendment to an agreement with Willdan Engineering would increase the not-to-exceed compensation by $100,000 resulting in a total amended contract term of three years and total not-to-exceed limit of $395,000.
Background:
For several decades, the City has contracted with third-party firms for building plan review services for compliance with the California Building Standards Code. Like many smaller jurisdictions, the City’s Community Development Department staff does not include building plan review engineers, fire life safety experts, and other building plan review specialists that are essential to conduct the breadth of building plan review.
The Community Development Department currently has a building plan review and related services agreement with two firms, Hayer Consultants and Willdan Engineering.
At its October 28, 2022 meeting, City Council approved an agreement with Hayer Consultants to provide building plan review and related services for the Community
City of Hermosa Beach | Page 2 of 5
Development Department with an expiration date of June 30, 2025. The current fiscal year 2024–2025 contract services budget for building plan review services is $200,000.
In early 2022, the Community Development Department experienced vacancies of Building and Safety staff and needed additional technically proficient staff to review building plans. The City entered into an agreement on July 20, 2022 with Willdan Engineering in an amount not to exceed $30,000 and an expiration date of June 30, 2025 to provide on-call staff augmentation services for the Community Development Department (Attachment 2). This professional services agreement also allowed the Community Development Department to supplement the available service providers for building plan check services. These additional services helped improve prolonged turnaround times.
At its August 9, 2022 meeting, City Council approved the first amendment to increase the not-to-exceed compensation by $45,000 resulting in a total amended contract term of three years and total not-to-exceed amount of $75,000 (Attachment 3). The proposed first amendment added additional funds to the existing agreement to fill the Department’s staffing needs as recruitments were underway.
At its November 29, 2022 meeting, City Council approved the second amendment to increase the not-to-exceed compensation by $100,000 resulting in a total amended contract term of three years and total not-to-exceed amount of $175,000 (Attachment 4).
The second amendment added an approved hourly rate for the position of an Interim Community Development Director to lead the department as the recruitment for a permanent hire was underway.
At its January 24, 2024 meeting, City Council approved the third amendment to increase the not-to-exceed compensation by $120,000 resulting in a total amended contract term of three years and total not-to-exceed amount of $295,000 (Attachment 5). Because the department was fully staffed by then, the purpose of this amendment was to allow continuation of plan review assistance services only. At that time, staff anticipated the funds would allow Willdan to assist with additional plan review requests to maintain turnaround times through the end of the contract term on June 30, 2025.
Past Board, Commission, and Council Actions
Meeting Date Description
October 27, 2020 City Council approves agreement with Hayer Consultants, Inc to provide building plan review and related services to the Community Development Department.
August 9, 2022 City Council approves first amendments for on call staff augmentation for Willdan Engineering.
City of Hermosa Beach | Page 3 of 5
Meeting Date Description
November 29, 2022 City Council approves second amendment for an agreement with Willdan Engineering for on call staff
augmentation.
January 23, 2024 City Council approves third amendment for an agreement with Willan Engineering for on call staff augmentation.
Discussion:
To successfully serve the residents, businesses, and the development community, the City must ensure that sufficient building plan review services are in place to provide building plan review services within a timely manner. Customarily, many jurisdictions target a maximum 30-day timeframe to provide an initial review of projects by Planning and Building Safety staff. To meet these needs, the Community Development Department recognizes the need to continue to have multiple building plan review service providers available. The availability of multiple building plan review service providers will ensure the City is in line with current best practices for many public agencies that utilize multiple building plan review service providers.
In the first two quarters of 2024, the Community Development Department experienced an increase in the volume of plan reviews along with several larger commercial tenant improvement projects. The increased volume and complex plan review expertise were assigned to Willdan to ensure efficient turnaround. While plan review expenses are funded by application fees paid by applicants, the increase in expenses resulted in accelerated depletion of the contract amount as compared to prior activity levels. Staff anticipates that the service demand for building plan review will remain, and the remaining contract amount from the current service agreement with Willdan Engineering will be exhausted by October 2024.
Willdan Engineering is a well-regarded firm that assists many public agencies in Southern California. The Community Development Department began utilizing Willdan Engineering building plan review services in July of 2022 to supplement the available number of building plan review service providers. Willdan Engineering has demonstrated that they have the technical expertise, available staffing, and competitive pricing to continue to assist the City with building plan review services.
Staff requests the proposed fourth amendment to an agreement with Willdan Engineering to increase the not-to-exceed compensation by $100,000 resulting in a total amended contract term of three years and total not-to-exceed amount of $395,000. At current building plan review volume levels, the requested contract augmentation would allow the department to utilize Willdan Engineering’s building plan review services for the remaining term of the contract ending June 30, 2025.
City of Hermosa Beach | Page 4 of 5
The current Professional Service Agreements for building plan review services will be refreshed through a Request for Proposal (RFP) process in early 2025. Staff anticipates securing a minimum of three firms to assist with plan review requests.
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:
If approved, the proposed fourth amendment to this agreement would increase the notto-exceed limit for Willdan Engineering by $100,000 for a revised total of $395,000 for the remainder of the previously approved contract term ending June 30, 2025.
Funding to support any expenditures under these agreements would come from the Building Division contract services account for plan review, 001-4201-4201, in the Community Development Department in the General Fund. The City recovers costs through building plan review fees, and there would be no additional General Plan expenditures. Sufficient funds are available in the Building Division FY 2024–25 budget to cover the estimated expenditures.
Agreement Modification Request
Agreement
Current
Authorized
Amount
Modified
Request
Amount
FY 2024–25
Budget
Dept. Account #
Total Revised
Contract
Amount
Willdan Engineering $295,000 $100,000 001-4201-4201 $395,000 Attachments:
1. Proposed Willdan Engineering Fourth Amendment
2. Agreement with Willdan Engineering
3. Agreement with Willdan Engineering–First Amendment
4. Agreement with Willdan Engineering—Second Amendment
5. Agreement with Willdan Engineering—Third Amendment
Respectfully Submitted by: Guillermo Hobelman, Building and Code Enforcement Official
Concur: Carrie Tai, Community Development Director
City of Hermosa Beach | Page 5 of 5
Noted for Fiscal Impact: Brandon Walker, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager
FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND
WILLDAN ENGINEERING TO PROVIDE STAFF AUGMENTATION
This Fourth Amendment to the Agreement for Professional Services to provide Staff Augmentation (“Fourth Amendment”) is entered into by and between the City of Hermosa Beach, a municipal corporation (“City”) and Willdan Engineering. (“CONSULTANT”) as of September 24, 2024.
RECITALS
A. On July 20, 2022 the City entered into an agreement with Consultant to provide staff augmentation (“Agreement”) for a term of three years and a not-to-exceed amount of $30,000.
B. On August 9, 2022 the City Council and Consultant executed a first amendment to the Agreement to increase the not-to-exceed limit by $45,000, for a total notto-exceed amount of $75,000.
C. On November 29, 2022 the City Council and Consultant executed a second amendment to the Agreement and increased the not-to-exceed limit by $100,000, for a total not-to-exceed amount of $175,000, and mutually agreed to modify the rate sheet to include an hourly rate of $205.00 per hour for Community Development Director.
D. On January 23, 2024 the City Council and Consultant executed a third amendment to the Agreement to increase the not-to-exceed limit by $120,000, for a total not-to-exceed amount of $295,000.
E. To address the ongoing need for staff augmentation needs in the department, the parties mutually desire to increase the not-to-exceed limit by $100,000, for a total not-to-exceed amount of $395,000.
NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended 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 $395,000 in accordance with the rates listed Page 927 of 1407 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. Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Fourth Amendment on the September 24, 2024.
CITY OF HERMOSA BEACH CONSULTANT
Dean Francois, Mayor Vanessa Munoz, President
ATTEST: APPROVED AS TO FORM:
Myra Maravilla, City Clerk Patrick Donegan, City Attorney
95-2295858
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND
WILLDAN ENGINEERING TO PROVIDE STAFF AUGMENTATION
THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("First Amendment") is made and entered into this 9th day of August 2022, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Willdan Engineering ("Consultant”).
RECITALS
A. City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of three years and a not-toexceed amount of $30,000.
B. To ensure the ability to quickly meet temporary staffing needs that may arise during the contract term, the parties mutually desire to increase the not-to-exceed limit by $45,000.
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 $75,000 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.
DocuSign Envelope ID: 695ED86A-F5AF-4020-B3DF-B4F69D874E7A
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 9th day of August, 2022.
CITY OF HERMOSA BEACH WILLDAN ENGINEERING
By: _______________________________ By: ________________________________ Michael Detoy, MAYOR Vanessa Munoz, President
APPROVED AS TO FORM ATTEST
By: _______________________________ By: ________________________________ Michael Jenkins, CITY ATTORNEY Myra Maravilla, CITY CLERK DocuSign Envelope ID: 695ED86A-F5AF-4020-B3DF-B4F69D874E7A
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH
AND WILLDAN ENGINEERING TO PROVIDE STAFF AUGMENTATION
THIS SECOND AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("Second Amendment") is made and entered into this 29th day of November 2022, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Willdan Engineering ("Consultant”).
RECITALS
A. City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of three years and a not-to-exceed amount of $30,000.
B. On August 9, 2022 the City Council and Consultant executed a first amendment to the Agreement to increase the not-to-exceed limit by $45,000.
C. To address current temporary staffing needs in the department, the parties mutually desire to modify the rate sheet to include an hourly rate of $205.00 per hour for Community Development Director and to increase the not-toexceed limit by $100,000.
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 $175,000 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 DocuSign Envelope ID: C6263BDE-0168-4E97-A19A-A7D6344B4A04Page 942 of 1407 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 Second Amendment on the 29th day of November, 2022.
CITY OF HERMOSA BEACH WILLDAN ENGINEERING
By: _______________________________ By: ________________________________ Raymond A. Jackson, MAYOR Vanessa Munoz, President
APPROVED AS TO FORM ATTEST
By: _______________________________ By: ________________________________ Patrick Donegan, CITY ATTORNEY Myra Maravilla, CITY CLERK DocuSign Envelope ID: C6263BDE-0168-4E97-A19A-A7D6344B4A04Page 943 of 1407
EXHIBIT B
Fee Schedule
Service Provided Hourly Rate
Community Development Director $205/hour
Building Official $155/hour
Plan Check Engineer/Architect $135/hour
ICC Certified Plans Examiner $125/hour
Building Inspection $ 95/hour
CASp Plan Review/Inspection $125/hour
Permit Technician $ 75/hour
Senior Permit Technician $ 85/hour
DocuSign Envelope ID: C6263BDE-0168-4E97-A19A-A7D6344B4A04Page 944 of 1407
THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND
WILLDAN ENGINEERING TO PROVIDE STAFF AUGMENTATION
This Third Amendment to the Agreement for Professional Services to provide Staff Augmentation (“Third Amendment”) is entered into by and between the City of Hermosa Beach, a municipal corporation (“City”) and Willdan Engineering. (“CONSULTANT”) as of January 23, 2024.
RECITALS
A. On July 20, 2022 the City entered into an agreement with Consultant to provide staff augmentation (“Agreement”) for a term of three years and a not-to-exceed amount of $30,000.
B. On August 9, 2022 the City Council and Consultant executed a first amendment to the Agreement to increase the not-to-exceed limit by $45,000, for a total not-to-exceed amount of $75,000.
C. On November 29, 2022 the City Council and Consultant executed a second amendment to the Agreement and increased the not-to-exceed limit by $100,000, for a total not-to-exceed amount of $175,000, and mutually agreed to modify the rate sheet to include an hourly rate of $205.00 per hour for Community Development Director.
D. To address the ongoing need for staff augmentation needs in the department, the parties mutually desire to increase the not-to-exceed limit by $120,000, for a total not-to-exceed amount of $295,000.
NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended 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 $295,000 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.
DocuSign Envelope ID: F7B11BB9-D1D1-49B4-95B7-5FE0A381BDA6
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 DocuSign Envelope ID: C6263BDE-0168-4E97-A19A-A7D6344B4A04 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. Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the 23rd day of January, 2024.
CITY OF HERMOSA BEACH CONSULTANT
Justin Massey, Mayor Vanessa Munoz, President
ATTEST: APPROVED AS TO FORM:
Myra Maravilla, City Clerk Patrick Donegan, City Attorney DocuSign Envelope ID: F7B11BB9-D1D1-49B4-95B7-5FE0A381BDA6
City of Hermosa Beach | Page 1 of 3
Meeting Date: September 24, 2024
Staff Report No. 24-CDD-052
Honorable Mayor and Members of the Hermosa Beach City Council
APPROVAL OF FIRST AMENDMENT TO AGREEMENT WITH CIVIC SOLUTIONS,
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 Civic Solutions, Inc. for staff augmentation services to increase the not-to-exceed amount by $20,000, resulting in a total not-to-exceed amount of $50,000 for the remainder of the twoyear term ending June 30, 2026 (Attachment 2); and
2. Authorize the City Manager to execute and the City Clerk to attest the attached first amendment subject to approval by the City Attorney.
Executive Summary:
On June 26, 2024, the City entered into an agreement with Civic Solutions, 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.
Staff requests approval of the proposed first amendment to increase the not-to-exceed limit by $20,000 resulting in a total not-to-exceed amount of $50,000 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 26, 2024, the City contracted Civic Solutions, Inc. with a not-to-exceed limit of $30,000 and a term ending June 30, 2026 for immediate on-call staff augmentation services (Attachment 1). Due to limited availability of contracted staff throughout the
City of Hermosa Beach | Page 2 of 3
profession, Civic Solutions, Inc. is one of two 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, vacated within a week of one another in late June/early July. 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 the 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.
Civic Solutions, Inc. responded with capacity and qualified personnel to provide a portion of the requisite services. One part-time (16 hours per week) contract staff member has been serving the City since July 11, 2024, along with two part-time contract staff members (serving a combined 40 hours per week) from CSG Consultants, another firm. Together, both firms supply 56 hours of temporary contract staffing to assist with the two vacant fulltime positions. At the Associate Planner billing rate of $145 per hour at 16 hours per week ($2,320), funding in the current contract allows staffing for about 12 weeks, or through September 26, 2024.
Staff requests an additional $20,000 to continue professional services for approximately 8 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 $50,000. 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 remaining contract balance would not be used.
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 Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty
City of Hermosa Beach | Page 3 of 3
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 $50,000. Funding to support the $50,000 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
Civic Solutions, Inc $18,000
$12,000
$12,000
$8,000
001-4101-4201
001-4201-4201
$30,000
$20,000
Total $30,000 $20,000 $50,000
Attachments:
1. Agreement with Civic Solutions, Inc.
2. Proposed First Amendment to Agreement with Civic Solutions, Inc.
Respectfully Submitted by: Carrie Tai, AICP, Community Development Director Reviewed by: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Brandon Walker, 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 CIVIC SOLUTIONS, Inc.
This AGREEMENT is entered into this 26th day of June, 2024, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (“CITY”) and Civic Solutions, 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: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
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 is George Buell. 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.
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, DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
City of Hermosa Beach
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 corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement.
INSURANCE REQUIREMENTS.
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
City of Hermosa Beach
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 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.
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
City of Hermosa Beach
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 CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
City of Hermosa Beach
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
Civic Solutions, Inc
27362 Calle Arroyo
San Juan Capistrano, CA 92675
ATTN: George Buell, Vice President
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: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
City of Hermosa Beach
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: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
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 COVID-19 or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing.
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
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: Thomas G. Merrell, President Civic Solutions, Inc.
ATTEST:
33-0689860
Myra Maravilla, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Patrick Donegan, City Attorney
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
27362 Calle Arroyo
San Juan Capistrano, CA 92675
949/489-1442
www.civicsolutions.com
June 18, 2024
Ms. Carrie Tai
Community Development Director
City of Hermosa Beach
1315 Valley Drive, First Floor
Hermosa Beach, CA 90254
Subject: Professional Planning Services Proposal
Dear Ms. Tai:
This letter is provided to follow up on our meeting yesterday and serves as a proposal to perform professional planning services in your Department. As discussed, Civic Solutions is available to work with your Planning team. The following are examples of the types of service we can provide:
Zoning Review & Customer Service
• Work with applicants, residents, and industry professionals at public counter • Respond to phone and email inquiries relating to the planning and permitting process
• Respond to public records requests
• Perform planning application intake
• Perform research and analysis
• Review construction plans for zoning compliance/building permitting • Review and process ministerial and administrative permit applications • Calculate fees relating to planning application review and permits • Maintain records
Development Review
• Work with applicants on submittal requirements and advise on the development review process
• Attend staff review and pre-application meetings
• Review and examine project applications and associated drawings, specifications, and supporting records to confirm compliance with the City’s ordinances, policies and guidelines, including those applicable within the Coastal Zone • Coordinate with and manage staff, technical professionals and stakeholders • Respond to inquiries from stakeholders from among the public and internal and external agencies and departments
EXHIBIT A
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
27362 Calle Arroyo
San Juan Capistrano, CA 92675
949/489-1442
www.civicsolutions.com
• Manage the CEQA and other similar processes required by federal, state and local laws (e.g. NEPA, tribal consultation)
• Report issues of concern to appropriate staff
• Prepare draft staff reports, resolutions, ordinances and other related documents • Present at design review board, Planning Commission, City Council, and other public meetings.
We have staff capable of working on Advance Planning initiatives (i.e. General Plan, Zoning Ordinance and Specific Plan Amendments; legislative and zoning/land use policy analysis and development; and historic preservation ordinance analysis and development. In addition, through a subconsulting relationship with another local firm we can also provide GIS programming, analysis, and mapping services.
All of Civic Solutions’ professional planners are thoroughly vetted and must meet rigorous qualifications prior to employment. Two of those requirements are 1) a firm commitment to working in the public interest as an extension of our client counterparts, and 2) to have experience working with public agencies. With that commitment and experience, our objectives are to come alongside your team as seamlessly as possible, learn your codes, policies, procedures, and technology, and provide a high level of service throughout the duration of our engagement. As part of this, our staff will also strive to develop excellent working relationships with your staff and other internal and external stakeholders. In all things, Civic Solutions’ staff embrace integrity, transparency, quality, courtesy, friendliness, and efficiency.
It would be my pleasure to serve as your primary point of contact on this engagement for the purpose of contract administration and staff resource management.
Thank you for this opportunity to submit this proposal, and we hope to be working with you and your staff in the near future!
Sincerely,
CIVIC SOLUTIONS, INC.
George Buell
Senior Vice President
Attachments:
1. Company Profile
2. Fee Schedule
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
27362 Calle Arroyo
San Juan Capistrano, CA 92675
949/489-1442
www.civicsolutions.com
Company Profile
Civic Solutions, Inc. was established in 1991 and has maintained its focused commitment to serve public agencies for over 30 years. We are a community development consulting firm that provides comprehensive planning, entitlement, and management services to municipalities, special districts and other public agencies. The firm is established around the principle that community planning and development ultimately serve the public interest.
The idea for Civic Solutions emanated from its founder Tom Merrell's passion for public service. After serving in various capacities in public Planning and Community Development departments as an employee, he started Civic Solutions by providing services for citiesin the Southern California area and has grown the firm to provide urban planning and community development services state-wide.
We are a local business with company headquarters in San Juan Capistrano and a satellite office in the city of Ontario. The company is a California Corporation, and Tom Merrell serves as President and Chairman of the Board. Guided by the company philosophy that planning is for people, Civic Solutions is ideally equipped to successfully complete community development projects to the satisfaction of our clients and the communities we serve.
We provide "added value" service in all planning functions. The experienced professionals who staff our firm have extensive backgrounds in public sector service. Our services include all functions of a municipal planning department, including discretionary case processing, public information services, code compliance/plan checking, site visits, mitigation monitoring, code enforcement, zoning code amendments, architectural design guidelines, specific plans, policy planning, general plan updates, and management services.
We provide support services in the form of graphics, design evaluation, analysis of alternatives, report writing, environmental impact documentation, annexations, grant writing, housing elements, citizen participation programs and other community development activities.
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
27362 Calle Arroyo
San Juan Capistrano, CA 92675
949/489-1442
www.civicsolutions.com
Professional Planning Services
City of Hermosa Beach
FEE SCHEDULE
POSITION
HOURLY RATE
PRINCIPAL-IN-CHARGE $200
PLANNING MANAGER $180
PRINCIPAL PLANNER $165
SENIOR PLANNER/PROJECT MANAGER $155
ASSOCIATE PLANNER $145
ASSISTANT PLANNER $130
PLANNING TECHNICIAN $115
The above hourly rates apply only to authorized services provided under the scope and contract, and do not apply to contract administration activities such as invoicing, contract performance discussions, etc. Work performed on a time and material basis will be billed monthly, and will be due in accordance with the terms of the contract.
REIMBURSABLE EXPENSES
• Reproductions of plans
• Large duplication or document publishing projects
• Specialized graphic projects
• Transmittals sent via USPS, FedEx, UPS, etc.
Rates are in effect through June 30, 2025, and are subject to annual review and adjustment on July 1 each year thereafter.
CONTACT INFORMATION
Corporate Name Civic Solutions, Inc.
Corporate Office 27362 Calle Arroyo, San Juan Capistrano, CA 92675 Phone (949) 489-1442
Web Address www.civicsolutions.com
Federal Tax ID 33-0689860
President Thomas G. Merrell
Senior Vice President George Buell
6/2024
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
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
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
6/21/2024
20699
Civic Solutions , Inc.
27362 Calle Arroyo
San Juan Capistrano, CA 92675
10052
22748
A 2,000,000
X X D96099022 5/15/2024 7/1/2025 1,000,000
5,000
2,000,000
4,000,000
4,000,000
A 2,000,000
X X D96099022 5/15/2024 7/1/2025
A 1,000,000
X X D96100206 5/15/2024 7/1/2025
0 B
X 71798529 9/1/2023 9/1/2024 1,000,000
1,000,000
1,000,000
C E&O D98181374 7/1/2024
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The certificate holder is named additional insured per written contract and policy wording with waiver of subrogation on liability and worker compensation .
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
CIVISOL-03 DBERGER
Acrisure Southwest Partners Insurance Services, LLC
4000 Westerly Place
Suite 110
Newport Beach, CA 92660
ACE Property & Casualty Insurance Company
Chubb National Insurance Company
Pacific Employers Insurance Company
7/1/2025
X
X
X
X X
X
X
X
$2,000,000
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 1 of 11
BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT
Named Insured
CIVIC SOLUTIONS, INC.
Endorsement Number
BOP47635a0716
Policy Symbol
SER
Policy Number
D96099022
Policy Period
05-15-2024 to 05-15-2025
Effective Date of Endorsement
05-15-2024
Issued By (Name of Insurance Company)
ACE Property And Casualty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
TABLE OF CONTENTS
Page
Supplementary Payments – Bail Bonds And Bonds To Appeal Judgments – No Sublimit 2 Medical Expenses – Three Years To Report Expenses 2
Non-Owned Watercraft Under 55 Feet 2
Non-Owned Aircraft 2
Damage To Property – Exception For Equipment Loaned Or Rented To Insured 2 Who Is An Insured – Subsidiaries Or Newly Acquired Or Formed Organizations 3 Who Is An Insured – Employees (Including For CPR and First Aid) And Volunteer Workers 3 Additional Insured – Lessor Of Leased Equipment 4
Additional Insured – Managers Or Lessors Of Premises 4
Additional Insured - Vendors 5
Additional Insured – Other Persons Or Organizations Pursuant To Contract Or Agreement 6 Damage To Premises Rented To You – $1,000,000 7
Per Location General Aggregate Limit With Combined Total Aggregate Limit 8 Knowledge/Notice Of Occurrence 9
Bodily Injury, Including Resulting Mental Anguish 9
Coverage Territory, Limited Worldwide 10
Personal Injury, Including Discrimination, Harassment And Segregation 10 Unintentional Failure To Disclose Hazards 10
Other Insurance, Including Primary Provision 10
Waiver Of Subrogation Required By Contract 11
This endorsement modifies the coverages provided under the Businessowners Coverage Form.
Notwithstanding anything to the contrary, the provisions of the Businessowners Coverage Form apply, except as provided in this endorsement. The titles of the various paragraphs of this endorsement are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate.
A. SUPPLEMENTARY PAYMENTS – BAIL BONDS AND BONDS TO APPEAL JUDGMENTS - NO SUBLIMIT In Section II - Liability, Paragraph A. Coverages, 1. f. Coverage Extension – Supplementary Payments, subparagraphs (1)(b) and (c) are replaced by the following:
(b) The cost of bail bonds, but only for bond amounts within the available limit of insurance. We do not have to furnish these bonds.
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 2 of 11 (c) The cost of bonds to appeal judgments or release attachments, but only for amounts within the available limit of insurance. We do not have to furnish these bonds.
B. MEDICAL EXPENSES – THREE YEARS TO REPORT EXPENSES
In Section II – Liability, Paragraph A. Coverages, 2. Medical Expenses, subparagraph a.(b) is replaced by the following:
(b) The expenses are incurred and reported to us within three years of the date of the accident; and C. NON-OWNED WATERCRAFT UNDER 55 FEET
In Section II - Liability, Paragraph B. Exclusions, subparagraph (2) of Exclusion 1.g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 55 feet long; and
(b) Not being used to carry persons or property for a charge; D. NON-OWNED AIRCRAFT
In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.g.
Aircraft, Auto or Watercraft in Section II – Liability:
This exclusion does not apply to an aircraft you do not own provided:
1. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;
2. It is rented with a trained, paid crew; and
3. It does not transport persons or cargo for a charge.
E. DAMAGE TO PROPERTY - EXCEPTION FOR EQUIPMENT LOANED OR RENTED TO THE INSURED In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.k.
Damage To Property:
Paragraphs (3) and (4) of this exclusion do not apply to “property damage” to equipment rented or loaned to the insured, provided such equipment is not being used to perform any operations at a construction job site.
F. WHO IS AN INSURED - SUBSIDIARIES OR NEWLY ACQUIRED OR FORMED ORGANIZATIONS In Section II - Liability, Paragraph C. Who is an Insured is amended to include the following:
If there is no other insurance available, each of the following is also a Named Insured:
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 3 of 11
1. A subsidiary organization of the first Named Insured shown in the Declarations of which, at the beginning of the policy period and at the time of loss, the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization; or
2. A subsidiary organization of the first Named Insured shown in the Declarations that the first Named Insured acquires or forms during the policy period, if at the time of loss the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization.
G. WHO IS AN INSURED - EMPLOYEES (INCLUDING CPR AND FIRST AID) AND VOLUNTEER WORKERS In Section II - Liability, Paragraph C. Who is an Insured, Paragraph 2.a. is replaced by the following:
2. Each of the following is also an insured:
a. Your "employees" but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no “employee” is an insured for:
(1)"Bodily injury" or "personal and advertising injury":
(a) To you, to any of your directors, managers, members, “executive officers” or partners (whether or not an “employee”) or to any co-“employee” while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business;
(b) To the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in Paragraph (a) above; or
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in Paragraph (a) or (b) above.
With respect to “bodily injury” only, the limitations described in Paragraph 2.a.(1) above do not apply to you or to your directors, managers, members, “executive officers”, partners or supervisors as insureds. The limitations also do not apply to your “employees” as insureds, with respect to such damages caused by cardiopulmonary resuscitation or first aid services administered by such an “employee”.
(2) "Property damage" to any property owned, occupied or used by you or by any of your directors, managers, members, “executive officers” or partners (whether or not an “employee”) or by any of your “employees”. This limitation does not apply to “property damage” to premises while rented to you or temporarily occupied by you with the permission of the owner.
b. Your “volunteer workers”, but only while acting within the scope of their activities for you and at your direction.
H. ADDITIONAL INSUREDS
In Section II - Liability, Paragraph C. Who is an Insured, the following is added:
2. Each of the following is also an insured:
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 4 of 11
LESSOR OF LEASED EQUIPMENT
e. Any person or organization from whom you lease equipment, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy.
However, the insurance afforded to such additional insured:
(1)Only applies to the extent permitted by law; and
(2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires.
MANAGERS OR LESSORS OF PREMISES
f. Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy.
However, the insurance afforded to such additional insured:
(1)Only applies to the extent permitted by law; and
(2)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
(1) Any “occurrence” that takes place after you cease to be a tenant in such premises. (2)Structural alterations, new construction or demolition operations performed by or for such additional insureds.
VENDORS
g. Any person or organization who is a vendor of “your products”, but only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor’s business.
However:
(1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 5 of 11 insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor.
With respect to the insurance afforded to these vendors, the following additional exclusions apply:
(1) This insurance afforded the vendor does not apply to:
(a) “Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor’s premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.
However, this exclusion does not apply to:
(i) The exceptions contained in Subparagraph (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products.
With respect to the insurance afforded to these vendors, the following is added to Paragraph D.
Liability And Medical Expenses Limits Of Insurance:
If coverage provided by the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance:
(1) Required by the contract or agreement; or
(3) Available under the applicable Limits Of Insurance shown in the Declarations; DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 6 of 11 whichever is less.
This shall not increase the applicable Limits Of Insurance shown in the Declarations.
OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT h. Any persons or organizations that you are required by a contract or agreement to provide with such insurance as is afforded by this policy. However, such a person or organization is an insured only:
(1) To the extent such contract or agreement requires the additional insured to be afforded status as an insured; and
(2) For activities that did not occur, in whole or in part, before the execution of the contract or agreement.
No person or organization is an insured under this provision:
(1) That is more specifically identified under any other provision of Paragraph C. Who Is An Insured (regardless of any limitation applicable thereto). (2) With respect to any assumption of liability in a contract or agreement. This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement.
However, the insurance afforded to such persons or organizations:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
The following is added at the end of Paragraph C. Who Is An Insured:
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.
However, no person or organization is an insured with respect to the:
a. Ownership, maintenance or use of any assets; or
b. Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly, for any:
(1) “Bodily injury” or “property damage” that occurred; or (2) “Personal and advertising injury” arising out of an offense first committed; in whole or in part, before such acquisition is executed.
With respect to the insurance afforded to the persons or organizations described in Paragraphs e., f.,. and h. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance:
The most we will pay on behalf of such person or organization is the amount of insurance:
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 7 of 11 (1) Required by the contract or agreement; or
(2) Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less.
This shall not increase the applicable Limits Of Insurance shown in the Declarations.
I. DAMAGE TO PREMISES RENTED TO YOU – $1,000,000
In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, Paragraphs
3. and 4. are deleted and replaced with the following:
3. Subject to the Liability And Medical Expenses Limits Of Insurance, the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises while rented to you or while temporarily occupied by you with permission of the owner is $1,000,000.
4. Aggregate Limits
The most we will pay for:
a. All “bodily injury” and “property damage” that is included in the “products-completed operations hazard” is twice the Liability and Medical Expenses limit. b. All:
(1) “Bodily injury” and “property damage” except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard”; (2) Plus medical expenses;
(3) Plus all “personal and advertising injury” caused by offenses committed; is twice the Liability and Medical Expenses Limit.
The Limits of Insurance of Section II – Liability apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.
J. PER LOCATION GENERAL AGGREGATE LIMIT WITH COMBINED TOTAL AGGREGATE LIMIT In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, the following is added:
1. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the insured becomes legally obligated to pay for all "bodily injury" and “property damage” caused by "occurrences" under Paragraph A.1. Business Liability, and for all medical expenses caused by accidents under Paragraph A.2. Medical Expenses, which can be attributed only to a single "location":
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 8 of 11 a. A separate Location General Aggregate Limit will apply to each "location", and that limit is equal to the Other than Products/Completed Operations Aggregate Limit shown in the Declarations. b. The separate Location General Aggregate Limit is the most we will pay for the sum of all damages for "bodily injury" or "property damage" under Paragraph A.1. Business Liability, except in connection with "bodily injury" or "property damage" included in the "productscompleted operations hazard", and for medical expenses under Paragraph A.2. Medical Expenses, regardless of the number of:
(1) Insureds;
(2) Claims made or "suits" brought; or
(3) Persons or organizations making claims or bringing "suits". c. Any payments made under Paragraph A.1. or under Paragraph A.2. Medical Expenses shall reduce the separate Location General Aggregate Limit for that "location". Such payments shall not reduce the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations nor shall they reduce the separate Location General Aggregate Limit for any other "location”.
d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations, such limits will be subject to the applicable separate Location General Aggregate Limit.
2. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the Insured becomes legally obligated to pay for all "bodily injury" or "property damage" caused by occurrences under Paragraph A.1. Business Liability and for all medical expenses caused by accidents under Paragraph A.2., which cannot be attributed only to operations at a single "location". a. Any payments made under Paragraph A.1. Business Liability for damages or under Paragraph A.2. for medical expenses shall reduce the amount available under the Other Than Products/Completed Operations Aggregate Limit or the Products/Completed Operations Aggregate Limit, whichever is applicable; and
b. Such payments shall not reduce the separate Location General Aggregate Limit applicable to a single "location".
3. Subject to the separate Location General Aggregate Limit and all other applicable limits, the Combined Total Aggregate Limit shown in the Declarations is the most we will pay for the combined sum of amounts described above, regardless of the number of “locations”.
4. Any payments we make for "bodily injury" or "property damage" included in the “products-completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit regardless of the number of "locations", and not reduce the Other Than Products/Completed Operations Aggregate Limit nor the separate Location General Aggregate Limit applicable to a single "location.”
5. As used in this endorsement, “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.
6. The provisions of Paragraph D. Liability and Medical Expenses Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.
K. KNOWLEDGE/NOTICE OF OCCURRENCE
In Section II - Liability, Paragraph E. Liability and Medical Expenses General Conditions, 2. Duties In the Event Of Occurrence, Offense, Claim or Suit is amended to include the following:
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 9 of 11 e. Knowledge of an “occurrence” or offense by an agent or “employee” of the insured will not constitute knowledge by the insured, unless an “executive officer” (whether or not an “employee”) of any insured or an “executive officer’s” designee knows about such “occurrence” or offense. Failure of an agent or “employee” of the insured, other than an “executive officer” (whether or not an “employee”) of any insured or an “executive officer’s” designee, to notify us of an “occurrence” or offense that such person knows about will not affect the insurance afforded to you. f. If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to us will not violate this condition, provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such loss or claim.
L. BODILY INJURY, INCLUDING RESULTING MENTAL ANGUISH
In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 3. is deleted and replaced with the following:
3. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease;
sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease.
M. COVERAGE TERRITORY, LIMITED WORLDWIDE
In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 4. is deleted and replaced by the following:
4. "Coverage territory" means all parts of the world.
However, “coverage territory” does not include any:
a. “Bodily injury” or “property damage” that takes place or any offense committed outside of the United States of America (including its possessions and territories), Canada and Puerto Rico, unless the insured’s responsibility to pay damages is determined by a “suit” on the merits that is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico; or
b. Injury or damage in connection with any “suit” brought outside the United States of America (including its possessions and territories), Canada and Puerto Rico.
N. PERSONAL INJURY, INCLUDING DISCRIMINATION, HARASSMENT AND SEGREGATION In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 14. is amended to include the following:
h. Discrimination, harassment or segregation based on a person’s age, color, national origin, race, religion or sex unless committed by or at the direction of any “executive officer”, director, stockholder, partner or member of the insured.
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 10 of 11 O. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
In Section III – Common Policy Conditions, Paragraph C. Concealment, Misrepresentation or Fraud is amended to include the following additional paragraph:
Unintentional failure of an “employee” of the insured to disclose a hazard or other material information will not violate this condition, unless an “executive officer” (whether or not an “employee”) of any insured knows about such hazard or other material information.
P. OTHER INSURANCE, INCLUDING PRIMARY PROVISION
In Section III – Common Policy Conditions, Paragraph H. Other Insurance, subparagraphs 2. and 3. are replaced by the following:
H. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under this insurance, our obligations are limited as follows:
1. Primary Insurance
This insurance is primary except when Paragraph 2 below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph 3 below.
2. Excess Insurance
a. This insurance is excess over:
(1) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a)That is Fire, Extended Coverage, Builder’s Risk, Installation Risk or similar coverage for “your work”;
(b)That is insurance that applies to “property damage” to premises rented to you or temporarily occupied by you with permission of the owner; or (c)If the loss arises out of aircraft, “autos” or watercraft to the extent not subject to Exclusion g. of Section II.B. Exclusions, 1. Applicable to Business Liability Coverage; or (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured. b. When this insurance is excess, we will have no duty to defend the insured against any “suit” if any other insurer has a duty to defend the insured against that “suit.” If no other insurer defends, we will undertake to do so, but we will be entitled to the insured’s rights against all those other insurers.
c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance;
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 11 of 11 (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
3. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also.
Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits.
Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
Q. WAIVER OF SUBROGATION REQUIRED BY CONTRACT
In Section III – Common Policy Conditions, Paragraph K. Transfer of Rights of Recovery Against Others To Us, subparagraph 2. is replaced by the following:
2. Applicable to Businessowners Liability Coverage:
We will waive the rights of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss.
To the extent that the insured’s rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring “suit” or transfer those rights to us and help us enforce them. This paragraph does not apply to Medical Expenses Coverage.
All other terms and conditions of the policy remain unchanged.
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
Workers' Compensation and Employers' Liability Policy
Named Insured Endorsement Number
CIVIC SOLUTIONS
Policy Number
Symbol: Number: (24) 7179-85-29
Policy Period
09/01/2023 TO 09/01/2024
Effective Date of Endorsement
09/01/2023
Issued By (Name of Insurance Company)
Chubb National Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page.
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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us.
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
Schedule
1. ( ) Specific Waiver
Name of person or organization:
( X ) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations:
3. Premium:
The premium charge for this endorsement shall be 1% percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.
4. Minimum Premium:
Authorized Representative
WC 90 03 75 (05/18)
Insured Copy
DocuSign Envelope ID: 30D524F8-156C-4E6C-BC08-F82E166C3D5B
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND CIVIC SOLUTIONS, INC. TO PROVIDE STAFF AUGMENTATION
THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("First Amendment") is made and entered into this 24th day of September 2024, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Civic Solutions, Inc, a California corporation ("Consultant”).
RECITALS
A. On June 26, 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 staff vacancies and to perform work beyond the City’s staffing resources, the parties mutually desire to increase the not-to-exceed limit by $20,000, for a total of $50,000.
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 $50,000 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 remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the 24th day of September, 2024.
CITY OF HERMOSA BEACH Civic Solutions, Inc.
By: _______________________________ By: _______________________________ Suja Lowenthal, City Manager Thomas G. Merrell, President
APPROVED AS TO FORM ATTEST
By: _______________________________ By: _______________________________ Patrick Donegan, CITY ATTORNEY Myra Maravilla, CITY CLERK
City of Hermosa Beach | Page 1 of 3
Meeting Date: September 24, 2024
Staff Report No. 24-PD-005
Honorable Mayor and Members of the Hermosa Beach City Council
APPROVE GRANT AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC
SAFETY THROUGH THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION FOR THEIR SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (Police Chief Paul LeBaron)
Recommended Action:
Staff recommends City Council:
1. Approve grant agreement of $80,000 from the California Office of Traffic Safety (OTS), through the National Highway Traffic Safety Administration, for their Selective Traffic Enforcement Program (STEP) (Attachment 1);
2. Add estimated revenue of $80,000 in the Grant Fund; and
3. Appropriate $80,000 in the Grant Fund for traffic enforcement operations to reduce alcohol-related accidents and other primary crash factors.
Executive Summary:
The Hermosa Beach Police Department (HBPD) applied for the OTS-STEP grant in January 2024. Staff recommends City Council approve the grant agreement authorizing the acceptance of $80,000 from the California Office of Traffic Safety (OTS) to reduce alcohol-related accidents and other primary crash factors.
Background:
Every year, OTS offers a variety of grant funding to law enforcement agencies to support efforts to reduce alcohol-related and preventable crashes by enforcing traffic measures.
The OTS-STEP grant specifically focuses on reducing the number of persons killed and injured in crashes involving alcohol and other primary factors. It supports law enforcement strategies such as impaired driving enforcement; enforcement operations focusing on primary crash factors; distracted driving; night-time seat belt enforcement; special enforcement operations encouraging motorcycle safety; enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes; and educational programs.
HBPD continues to look for opportunities to enhance the safety and wellbeing of the community and applied for the OTS-STEP grant to support its efforts in conducting enforcement details by utilizing best techniques to keep Hermosa Beach the safest little beach city.
City of Hermosa Beach | Page 2 of 3
Discussion:
The Hermosa Beach Police Department is dedicated to promoting traffic safety by enforcing laws and educating the public on primary crash factors, such as distracted and impaired driving. With the increase in special events and the approaching holiday season, HBPD anticipates higher vehicle and pedestrian traffic.
In recent years, the City experienced a notable rise in traffic crashes. In 2021, HBPD responded to 421 traffic-crash related calls for service, which increased to 491 in 2022, and 500 in 2023. This represents a 15.8 percent increase in traffic crash calls for service between 2021 and 2023. While DUI arrests decreased by 10.5 percent over the same period, driving under the influence remains a significant issue in Hermosa Beach. In 2023 alone, there were 12 alcohol-related crashes, including one fatality and 14 injuries.
To address these concerns, HBPD's Traffic Unit conducted research to identify effective strategies for improving traffic safety throughout the community. The OTS-STEP grant offers the Traffic Unit the opportunity to implement targeted traffic enforcement efforts to reduce crashes and associated injuries by focusing on primary crash factors in the City of Hermosa Beach.
The OTS-STEP grant outlines several objectives for HBPD during the grant period. The Grant Agreement (Attachment 1) includes the full list. Key objectives include:
Training law enforcement personnel through National Highway Traffic Safety Administration programs such as Drug Recognition, Standardized Field Sobriety Testing, and Advanced Roadside Impaired Driving Enforcement. Developing and maintaining a program to alert patrol and traffic officers repeat DUI offenders with suspended or revoked licenses due to DUI convictions. Conducting highly publicized enforcement operations focused on distracted driving, motorcycle safety, and pedestrian/bicycle enforcement. Conducting DUI/Driver’s License Checkpoints.
Providing educational presentations on traffic safety topics, including distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts, and child passenger safety.
Staff recommends City Council approve the grant agreement, authorizing the acceptance of $80,000 from OTS to help reduce alcohol-related accidents and other primary crash factors.
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.
City of Hermosa Beach | Page 3 of 3
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:
Public Safety Element
Goal 5. High quality police and fire protection services provided to residents and visitors.
Policies:
5.1 Crime deterrence. Regularly evaluate the incidence of crime and identify and implement measures to deter crime.
5.2 High level of response. Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community.
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.
5.5 Crime prevention outreach program. Offer youth programs, recreation opportunities, educational programs and other services to encourage crime prevention behavior.
5.9 Police and Fire enforcement grants. Pursue grant funding and other outreach programs to minimize and abate nuisances.
Fiscal Impact:
The California Office of Traffic Safety (OTS) through the National Highway Traffic Safety Administration approved HBPD’s funding request, granting the City a total of $80,000 to reduce alcohol-related accidents and other primary crash factors.
If approved, estimated revenue of $80,000 would be added to the Grant Fund and $80,000 would be appropriated in the Grant Fund for the above operations and equipment. The grants coordinator will keep track of all expenditures made during the grant period and submits requests for reimbursement to OTS.
Attachment:
OTS-STEP Grant Agreement
Respectfully Submitted by: Garrett McDermott, Police Sergeant Concur: Paul LeBaron, Police Chief
Noted for Fiscal Impact: Brandon Walker, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager
8/30/2024 11:45:59 AM Page 1 of 17
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT25098
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Hermosa Beach From:
To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Hermosa Beach Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $80,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Paul LeBaron
Chief of Police
[email protected]
(310) 318-0300
540 Pier Avenue
Hermosa Beach, CA 90254
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Suja Lowenthal
City Manager
[email protected]
310-318-0216
1315 Valley Drive
Hermosa Beach, CA 90250
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Henry Chao
Finance Manager
[email protected]
(310) 318-0273
1315 Valley Drive
Hermosa Beach, CA 90254
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
8/30/2024 11:45:59 AM Page 2 of 17
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
164AL-25.1 20.608 0521-0890-101 2023 12/23 BA/23 $8,612.00 402PT-25.1 20.600 0521-0890-101 2023 12/23 BA/23 $8,612.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $31,388.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $31,388.00
AGREEMENT
TOTAL $80,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$80,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $80,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
ESSHWE1VBMK8
1315 Valley Dr
Hermosa Beach
90254-3846
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
8/30/2024 11:45:59 AM Page 3 of 17
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT25098
1. PROBLEM STATEMENT
The city of Hermosa Beach is a community with a residential population of 19,728 (US Census Bureau:
2020) and a daytime / nighttime population which can exceed 75,000. Located 21 miles southwest of Downtown Los Angeles, this urban area is a mix of single family and multi-unit housing and commercial establishments. The city of Hermosa beach is the home of several major tourist events which take place annually and include the following: Downtown Pier Lighting, several major Volleyball Tournaments, Concerts on the Beach, The Hermosa Beach Triathlon, Fiesta Hermosa and Octoberfest which are both street fairs that last several days. The city of Hermosa Beach has several bars, restaurants and shops in the downtown area which typically draw a large amount of traffic on weekends and holidays. The city sees an exceptionally large traffic influx during the 4th of July and New Years Holidays.
The Hermosa Beach Police Department has authorized 38 sworn positions. The Chief of Police is the highest authority within the department, which is organized into an office and two bureaus: the Office of the Chief of Police, The Administration / Investigation Bureau, and the Field Operations Bureau. Each bureau is headed by a Police Captain who is responsible for managing day to day operations.
In recent years, the department has noticed an increase in the number of traffic crashes that have occurred in the city. In 2021, the Hermosa Beach Police Department responded to 421 calls for service regarding traffic crashes. In 2022, that number increased to 491 calls for service regarding traffic crashes. In 2023, calls for service regarding traffic crashes have continued to increase to 500 crashes. Based on these figures, the city had a 15.8 percent increase in the number of calls for service related to traffic crashes from 2021 to 2023.
The number of DUI arrests have slightly decreased between 2021 to 2023. In 2021, a total of 123 drivers were arrested for DUI. During 2022, the number of DUI arrests increased to 127 drivers arrested for DUI. In 2023, the number of DUI arrests decreased to 110 drivers arrested for DUI. This is approximately a 10.5 percent decrease in DUI arrests. Despite this decrease, DUI arrests continue to be an issue in the city of Hermosa Beach. In 2023, there were 12 alcohol involved crashes with 1 fatal and 14 injured. Increased enforcement would be an extremely important tool in lowering the number of DUI arrests even more within our city by being proactive and allowing our department to have high visibility throughout the city. The Hermosa Beach Police Department has self-funded several of its own DUI checkpoints and DUI enforcement details in the past to help combat this issue.
The city of Hermosa Beach anticipates an increase in vehicle and pedestrian traffic due to the number of growing annual special events hosted within the city as well as beach goers and tourists that visit the city during the warm weather months. Some of the special events alone can be in excess of 60,000 attendees. Los Angeles County Lifeguards have in recent summer months estimated our daily beach goer attendance to number in excess of 70,000. With the decrease in Covid-19 related health issues and the amount of people getting vaccinated to combat the virus, we also anticipate more people to start venturing out and start getting back to their normal lives which include dining out, shopping at stores, visiting the beach, visiting local bars, etc. During 2023, we had 9 crashes involving bicylists with 6 injury and 12 crashes involving e-bikes, all 12 with injury. That same year we had 8 crashes involving pedestrians with 9 pedestrians injured.
Speed is the number two primary crash factor in the city of Hermosa Beach. During 2023, there was on fatal speed related crash with one person killed and 23 speed related injury crashes with 25 persons injured.
An increase in vehicle and pedestrian traffic has led the department's Traffic Team to actively seek solutions to increase traffic safety within the community. The department hopes to conduct several traffic enforcement details to reduce the number of traffic crashes and victims by targeting drivers that are engaging in driving habits that have been identified as primary crash factors within the city. This includes:
speed, driving under the influence, unsafe turning movements, distracted drivers and more.
8/30/2024 11:45:59 AM Page 4 of 17
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 1 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 7. Send law enforcement personnel to the DRE Recertification training. 2
8. Send law enforcement personnel to SFST Instructor training. 2
9. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 10. Conduct DUI Saturation Patrol operation(s). 8
8/30/2024 11:45:59 AM Page 5 of 17
11. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
20 12. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
4 13. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 5 14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 6 15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 16. Conduct Know Your Limit campaigns with an effort to reach members of the community.
2 17. Participate in highly visible collaborative DUI Enforcement operations. 2
18. Participate in highly visible collaborative Traffic Enforcement operations. 2
19. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
4 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter. All grant related purchases needed to implement the program should be made in the first quarter. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements:
Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
8/30/2024 11:45:59 AM Page 6 of 17
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.
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Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
8/30/2024 11:45:59 AM Page 8 of 17
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT25098
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
402PT-25 20.600 State and Community Highway
Safety
$40,000.00
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$40,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $10,000.00 2 $20,000.00
DUI Saturation Patrols 164AL-25 $1,500.00 8 $12,000.00
Know Your Limit 164AL-25 $900.00 2 $1,800.00
Collaborative DUI Enforcement 164AL-25 $850.00 2 $1,700.00 Traffic Enforcement 402PT-25 $975.00 20 $19,500.00
Distracted Driving 402PT-25 $900.00 4 $3,600.00
Motorcycle Safety 402PT-25 $900.00 5 $4,500.00
Pedestrian and Bicycle Enforcement 402PT-25 $900.00 6 $5,400.00 Collaborative Traffic Enforcement 402PT-25 $450.00 2 $900.00 Traffic Safety Educational Presentations 402PT-25 $400.00 2 $800.00 Category Sub-Total $70,200.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $5,300.00 1 $5,300.00
$0.00
Category Sub-Total $5,300.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $2,500.00 1 $2,500.00
Phlebotomist 164AL-25 $1,000.00 2 $2,000.00
Category Sub-Total $4,500.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $80,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT25098
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
Phlebotomist - To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT25098
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—
PRIMARY TIER COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
City of Hermosa Beach | Page 1 of 4
Meeting Date: September 24, 2024
Staff Report No. 24-CMO-039
Honorable Mayor and Members of the Hermosa Beach City Council
APPROVE AN AGREEMENT WITH CLEAN POWER ALLIANCE FOR BUILDING
ELECTRIFICATION ASSISTANCE PROGRAM
(Environmental Programs Manager Douglas Krauss)
Recommended Action:
Staff recommends City Council:
1. Approve the Building Electrification Assistance Program Participation Agreement with the Clean Power Alliance (CPA) (Attachment 1);
2. Add estimated revenue of $250,000 in the Capital Improvement Fund; and
3. Authorize the City Manager to execute and the City Clerk to attest the agreement subject to approval by the City Attorney.
Executive Summary:
Clean Power Alliance of Southern California (CPA) recently launched its Energized Communities Program to assist member agencies with implementation of building and transportation electrification measures to reduce dependence on fossil fuels and reach sustainability and decarbonization goals by providing financial and technical support.
As part of the program offerings, CPA is further offering the Building Electrification Assistance with up to $250,000 in reimbursement for each of its member agencies. Staff recommends City Council approve the Building Electrification Assistance Program Participation Agreement (Attachment 1) to help offset costs for Capital Improvement Program (CIP) Project 689 Clark Building Renovations.
Background:
On September 28, 2022, City Council approved the City of Hermosa Beach joining CPA, California’s largest community choice aggregator, serving 35 agencies across Los Angeles and Ventura counties. CPA operates a Joint Powers Authority (JPA) and each member agency has a representative on the Board of Directors. On March 14, 2023, Council appointed Councilmember Justin Massey as the City’s representative to the CPA Board, which determines the CPA’s programs, rates, and policies with guidance from CPA staff.
After transitioning to CPA, customers continue receiving bills from SCE, but they now include CPA charges. CPA offers three energy options: Lean Power (40 percent clean
City of Hermosa Beach | Page 2 of 4
energy, similar to SCE’s base product), Clean Power (50 percent clean energy), and 100 percent Green Power (100 percent renewable energy). On October 25, 2022, Council approved the 100 percent renewable Green Power as the City’s default option.
In addition to providing more renewable energy options for customers, CPA provides several incentive programs for its customers and member agencies. One such program it its Energized Communities Program to assist member agencies with implementation of building and transportation electrification measures to reduce dependence on fossil fuels and reach sustainability and decarbonization goals by providing financial and technical support. As part of the program offerings, CPA is further offering the Building Electrification Assistance with up to $250,000 in reimbursement for each of its member agencies.
Past Board, Commission, and Council Actions
Meeting Date Description
November 18, 2014 Hosted Study Session and approved Feasibility Study to Explore formation of a CCA
February 24, 2015 Accepted Carbon Neutral Municipal Plan August 22, 2017 Adopted Plan Hermosa
November 6, 2021 Hosted Council Retreat to discuss emissions reductions strategies and directed staff to return to Council with CCA options and recommendations
January 25, 2022 Approved funding a feasibility study with CPA and transitioned City facilities to SCE’s 100 Green Rates
September 28, 2022 Introduced an Ordinance Approving a JPA to join CPA October 11, 2022 Adopted Ordinance Approving JPA to join CPA October 25, 2022 Approved the 100 Percent Renewable Energy Default Rate March 14, 2023 Appointed representative to serve on CPA Board July 9, 2024 Councilmember Saemann requested, and Councilmember Justin Massey supported, directing staff to return to City Council with an update regarding the City’s transition to CPA
Discussion:
Although available for any municipal building electrification projects in the City, staff recommends CIP Project 689 Clark Building Renovations as the best opportunity to utilize this available funding. By providing up to $250,000 in reimbursements for gas-to-electric alternatives, this program would help offset the project’s Fiscal Year 2024–25 budget of $3,601,067.
Eligible expenses for project funding include the purchase of electric equipment and appliances to replace fossil fuel-powered equipment such as furnaces, water heaters, pool heating, water pumps wastewater treatment, and kitchen appliances; electrical equipment for major renovations or new construction replacing fossil fuel-fired equipment;
City of Hermosa Beach | Page 3 of 4
and energy management devices. Subject to CPA approval, funding may also cover warranties, service contracts, subscription fees for energy management software, installation costs for electric equipment and energy management devices, removal and disposal of existing equipment, and construction costs for electrical panel or energy infrastructure upgrades. The program also includes the services of third-party experts to help design and oversee the electrification measures, as needed.
Staff recommends City Council approve the Building Electrification Assistance Program Participation Agreement (Attachment 1) to secure up to $250,000 in reimbursement funds to help offset costs for Capital Improvement Program (CIP) Project 689 Clark Building Renovations.
General Plan Consistency:
This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Sustainability and Conservation Element
Goal 1. Hermosa Beach is a low-carbon municipal organization, reducing greenhouse gases at a rate that meets or exceeds 80% below 2005 levels by 2030.
Policy:
Low-carbon municipality. Demonstrate environmental leadership and reduce greenhouse gas emissions from municipal facilities and operations by at least 80% below 2005 levels by 2030.
Goal 2. Hermosa Beach is a low-carbon community meeting State greenhouse gas reduction goals by 2040
Policy:
2.1 State targets and goals. Reduce greenhouse gas emissions at a rate that meets long-term State targets and goals to reduce emissions by at least 66% below 2005 levels by 2040.
Fiscal Impact:
Funding would be distributed to the City on a reimbursement basis up to $250,000 based on eligible expenses determined upon project completion. Staff recommends City Council add estimated revenue of $250,000 to the Capital Improvement Fund for the Building Electrification Assistance Program agreement.
Attachment:
Draft Agreement
Respectfully Submitted by: Douglas Krauss, Environmental Program Manager Concur: Joe SanClemente, Public Works Director
City of Hermosa Beach | Page 4 of 4
Noted for Fiscal Impact: Brandon Walker, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager
BUILDING ELECTRIFICATION ASSISTANCE
PROGRAM PARTICIPATION AGREEMENT
This Building Electrification Assistance Program Participation Agreement (“Agreement”), made as of the last date signed below (the “Effective Date”), by and between the City of Hermosa Beach (“Participant”), and Clean Power Alliance of Southern California, a Joint Powers Authority and Community Choice Aggregation program (“CPA”), referred to individually or collectively as “Party” or “Parties,” is to enroll Participant in the CPA Energized Communities Program for Building Electrification Assistance, described in more detail below.
RECITALS
WHEREAS, CPA has launched the Energized Communities Program (“Energized Communities”) to assist CPA’s member agencies with the implementation of building and transportation electrification measures to reduce dependence on fossil fuels and reach sustainability and decarbonization goals by providing financial and technical support; WHEREAS, as part of the Energized Communities program offering, CPA desires to support building electrification efforts in its service territory through the CPA Energized Communities Program for Building Electrification Assistance (“Program”), which seeks to help Participant develop and implement building electrification measures that will result in cleaner and healthier buildings in our communities by reducing methane emissions from municipal facilities; WHEREAS, to implement the Program, CPA has entered into the Professional Services Agreement, dated as of March 7, 2024, by and between Lincus, Inc. (“Lincus”) and CPA, under which Lincus will provide technical support for Participant as it engages in efforts to develop, draft, review, and/or implement Participant’s building electrification measures; WHEREAS, CPA intends to make Lincus or a successor consultant (“Contractor”) available to Participant and other CPA member agencies to support Participant as it engages in its own effort to develop, draft, review, and/or implement Participant’s building electrification measures; WHEREAS, Participant desires technical support from Contractor as Participant develops, drafts, reviews, and/or implements building electrification measures; and WHEREAS, Participant may seek financial support provided by CPA to offset the cost of implementing building electrification measures as agreed upon by the Parties.
NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is mutually understood and agreed by and between the Parties as follows:
AGREEMENT
1. Term. This Agreement begins on the Effective Date and ends on June 30, 2029 (“Term”).
2. Termination. Any Party may terminate this Agreement for convenience and without liability to the other Party upon giving the other Party thirty (30) days prior written notice.
3. CPA Obligations. CPA agrees to perform the services and provide financial reimbursement to Participant, as detailed in Exhibit A, Building Electrification Assistance – Program Terms and Conditions, attached hereto.
4. Participant Obligations. Participant agrees to the obligations detailed in Exhibit A attached hereto.
5. NO LIABILITY; NO REPRESENTATION OR WARRANTY; INDEMNITY. a. CPA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND
TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE WITH RESPECT TO (1) SERVICES
PROVIDED BY CONTRACTOR TO PARTICIPANT AND (2) ANY BUILDING ELECTRIFICATION MEASURES IMPLEMENTED BY PARTICIPANT.
b. INDEMNIFICATION. EACH PARTY SHALL INDEMNIFY AND HOLD
HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE OTHER
PARTY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,
MEMBERS, VOLUNTEERS, AGENTS, AND REPRESENTATIVES FROM
AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS,
EXPENSES, CLAIMS, AND/OR JUDGMENTS, INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS
THAT MAY DIRECTLY OR INDIRECTLY ARISE AND/OR RESULT FROM THE INDEMNIFYING PARTY’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. THIS INDEMNIFICATION SHALL BE ONLY IN
PROPORTION TO AND TO THE EXTENT THAT SUCH CLAIMS,
JUDGMENTS, CAUSES OF ACTION, DAMAGES, PENALTIES, COSTS, LIABILITIES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND
COSTS INCURRED IN THE DEFENSE OF ANY SUCH CLAIM OR ANY
ACTION OR PROCEEDING BROUGHT THEREON ARISE FROM THE
NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF INDEMNIFYING PARTY, AND ITS OFFICERS, EMPLOYEES, INVITEES, OR AGENTS.
NOTWITHSTANDING THE FOREGOING, CPA SHALL BE UNDER NO
OBLIGATION WHATSOEVER TO INDEMNIFY PARTICIPANT OR HOLD
PARTICIPANT HARMLESS, INCLUDING BUT NOT LIMITED TO
ATTORNEYS’ FEES, COSTS, OR DISBURSEMENTS AS A RESULT OF PARTICIPANT’S CONSIDERATION, DEVELOPMENT, REVIEW,
DRAFTING, ADOPTION, AND/OR IMPLEMENTATION OF PARTICIPANT’S BUILDING ELECTRIFICATION MEASURES.
c. LIMITATION OF LIABILITY. CPA SHALL NOT BE LIABLE TO
PARTICIPANT FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, LOST
PROFIT, LOST OPPORTUNITY, OR EXEMPLARY DAMAGES FOR ANY
CLAIM, WRIT, PETITION, OR CAUSE OF ACTION RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO PARTICIPANT’S
DEVELOPMENT, DRAFTING, REVIEW, ADOPTION, AND/OR
IMPLEMENTATION OF PARTICIPANT’S BUILDING ELECTRIFICATION
MEASURES, ANY SERVICES PROVIDED BY CONTRACTOR, AND/OR ANY
OTHER CLAIM, WRIT, PETITION, OR CAUSE OF ACTION RELATED TO
THIS AGREEMENT WHETHER ARISING FROM BREACH OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR OTHERWISE.
6. Insurance.
a. The Parties agree to provide and maintain throughout the Term of this Agreement, at their own expense, a program of insurance, or self-insurance, covering the activities and operations of their respective officers, agents and employees, and contractors for the Term of this Agreement. This insurance shall include general liability insurance with coverage limits of $2,000,000 per occurrence and $2,000,000 aggregate (unless the aggregate is on a per-policy basis, in which case the aggregate shall be a minimum of $4,000,000). This insurance shall be endorsed to include the following: (i) CPA, its Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on Participant’s commercial general liability policy, and Participant’s Board, Officers, Officials, Employees, Agents, Servants, and Volunteers are covered as additional insureds on CPA’s commercial general liability policy; and (ii) a written notice to be mailed to the other Party 30 days prior to the effective date of a cancellation or non-renewal of such insurance.
b. Participant agrees to maintain throughout the Term of this Agreement, at their own expense, an automobile liability policy covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per occurrence for bodily injury and property damage.
c. The Parties agree to maintain throughout the Term of this Agreement, at their own expense, a workers’ compensation policy as required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. d. Upon request, either Party shall provide the other evidence of such coverage naming the other Party as an additional insured including an additional insured
endorsement issued by the insurance company or program of self-insurance.
e. CPA may waive or change any of the requirements in this Section 6 at its discretion, upon mutual agreement with the Participant.
f. Nothing herein waives or reduces a Party’s indemnification obligations pursuant to Section 5.
7. Publicity. Participant acknowledges and agrees that implementation of the Program may be publicized and included in marketing materials by CPA and Contractor. Each Party shall make best efforts to display or utilize the words “Clean Power Alliance” and “City of Hermosa Beach” in all marketing materials, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles (to the extent possible); provided, that CPA may omit “City of Hermosa Beach” from CPA marketing materials when publicizing the Building Electrification Assistance offering generally and not specifically with respect to (a) this Agreement or (b) Participant’s participation in the Program. Any publicity or marketing materials, including those mentioned above, that include CPA or Participant logos must be reviewed and approved by both Parties before issuance, subject to the proviso in the preceding sentence. Each Party agrees to provide the other Party with reasonable time for review before such issuance.
Where CPA and Participant logos are used on any signage or documentation arising from this partnership, the logos of each Party will be of equal size.
8. General Provisions.
a. Entire Agreement. This Agreement represents the full and complete understanding between the Parties as to the subject matter of this Agreement and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties related to the subject matter of this Agreement.
b. Amendment. Any amendment to or modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. c. Governing Law and Venue. This Agreement is governed by the laws of the State of California. Any lawsuit filed in relation to this Agreement must be filed with the Superior Court for the County of Los Angeles, State of California. d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this Agreement.
e. Independent Parties. Each Party shall perform its responsibilities and activities
described herein separately and not as an officer, agent, employee, or volunteer of the other Party hereto. Each Party shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein shall be considered as creating a partnership or joint venture between the parties. f. Headings. The headings in this Agreement are for convenience only, are not a part of the Agreement, and in no way affect, limit, or amplify the terms or provisions of this Agreement.
g. Severability / Partial Invalidity. If any term or provision of this Agreement, or its application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. h. Survival. All provisions which by their nature must continue after the Agreement expires or is terminated shall survive the Agreement and remain in full force and effect, including but not limited to the indemnification requirement in Section 5. i. Notices. All notices, requests, and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery; or the date confirmed by the reputable overnight delivery service; or on the fifth calendar day after deposit in the United States Mail, postage prepaid; or the next business day following submission by electronic mail:
To CPA:
Joanne O’Neill
Director, Customer Programs
801 S. Grand Ave., Suite 400
Los Angeles, CA 90017
[email protected]
With a copy, which shall not serve as notice as required or specified herein, to:
[email protected]
To Participant:
[Name]
[Title]
[Participant]
[Contact Address]
[Email Address]
j. Electronic Signatures. This Agreement may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“pdf”) version by email and such electronic signature(s) shall be deemed as original for purposes of this Agreement and shall have the same force and effect as a manually executed original.
k. Execution in Counterparts. This Agreement may be executed in two or more counterpart copies, each of which shall be deemed as an original and all of which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement on the latest date of execution set forth below.
______________________________
Ted Bardacke
Chief Executive Officer
Clean Power Alliance of Southern California
Date:
______________________________
[Name]
[Title]
City of Hermosa Beach
Date:
Exhibit A
Building Electrification Assistance - Program Terms and Conditions
1. CPA Obligations
a. CPA will make commercially reasonable efforts to ensure the availability of Contractor to provide the Technical Services (as defined below). CPA does not guarantee (a) that Contractor will be able to perform all duties that Participant staff would otherwise perform, or (b) that participation in the Program ensures implementation of building electrification measures.
b. CPA will provide financial support to Participant in an amount (i) no greater than $250,000 (two hundred fifty thousand dollars) and (ii) to be specified in the Project Scope and Budget, as defined below.
c. CPA will monitor the technical support provided by Contractor and help coordinate building electrification efforts with regional stakeholders.
2. Participant Obligations
a. Data, Point of Contact, and Access. Within twelve (12) months of Effective Date, Participant agrees to provide requested data and a dedicated point of contact to CPA and Contractor for coordination purposes throughout the Program. Participant agrees to coordinate visits to its facilities with CPA and Contractor, as needed, to collect information to prepare building electrification plans and site designs. b. Scope and Budget. Participant shall commit to a project scope and budget (“Project Scope and Budget”) that plans to transition gas-fired equipment to electric alternatives at selected Participant sites within three years from the initial project launch meeting with CPA and Contractor, substantially in the form of Exhibit B, Form of Project Scope and Budget, attached to the Agreement. Participant acknowledges and agrees that it shall not be eligible to receive Technical Services or Project Funding (as such terms are defined below) until CPA and Participant mutually agree upon the Project Scope and Budget.
c. Technical Services. Within twelve (12) months of Effective Date, Participant shall specify which of the following services (“Technical Services”) will be requested from the Contractor in the Project Scope and Budget:
i. Develop electrification plan to review electrical capacity and layout a viable pathway for electrification of selected facilities. ii. Draft electrical plans and site design, or review existing plans, to support equipment installation.
iii. Provide commissioning support to ensure proper installation of equipment and advise on proper operation of equipment.
iv. Prepare funding package to summarize rebate and funding opportunities appropriate for the project, including a summary of the CPA funds available to implement the project recommendations (“Funding Memo”). d. Project Funding. Participant is eligible to receive funds remaining from the Project Scope and Budget after completion of Technical Services for the purpose of project implementation (“Project Funding”). Participant shall specify expected use of funding in the Project Scope and Budget.
i. The following expenses are eligible for Project Funding from CPA:
A. Purchase of electric equipment and appliances to replace fossil fuel-fired equipment, including, but not limited to, replacement of furnaces, water heaters, pool heating, water pumps, wastewater treatment, and kitchen appliances.
B. Purchase of electrical equipment to install in major renovations or new construction projects when it is replacing existing or planned fossil fuel-fired equipment.
C. Purchase of energy management devices.
D. Warranties, service contracts, and/or subscription fees for energy management software to monitor energy use and optimize
consumption, subject to CPA approval of the service terms.
E. Installation costs for electric equipment and energy management devices, including costs to remove and dispose of existing equipment.
F. Construction costs for electrical panel or energy infrastructure upgrade, including costs to cap or demolish existing natural gas supply lines.
G. Additional expenses to be determined and approved by CPA in its sole discretion.
ii. Participant acknowledges and agrees that any costs for construction and installation of building electrification measures that are not agreed upon under the Project Scope and Budget shall be borne by Participant. iii. If Participant elects to receive Project Funding for the purchase of building electrification equipment, Participant must meet the following requirements:
1. Participant must manage the energy use of purchased equipment for at least one-year through an energy management system or an alternative method to manage load-shift of energy use when possible. CPA may determine acceptable alternative methods to the foregoing at its own discretion.
2. Participant must align usage of the purchased equipment to avoid peak periods where feasible, and shift electricity use as needed in order to support load flexibility.
iv. Participant can combine Project Funding from CPA with funding from other organizations and sources, including investor-owned utilities, rebates, and state and federal grants. Participant shall inform CPA if grants and other funding related to the project scope are received. Participant agrees and acknowledges that in no event shall the combined funding from CPA and third parties exceed 100% of total project costs, as specified in the Funding Memo. Should such a situation arise, the Parties will review the Project Scope and Budget to consider amendments and/or a reduction in Project Funding.
v. Reimbursement. Participant shall submit appropriate documentation to request reimbursement for measures as specified in the agreed upon Project Scope and Budget substantially in the form of Exhibit C, Form of Reimbursement Request, attached to the Agreement.
e. Intellectual Property. Participant agrees and acknowledges that all tools, templates, and other resources generated by the Contractor during the implementation of the Program will be the intellectual property of CPA.
f. CPA Customer. As of the Effective Date, Participant represents and warrants that Participant is a CPA public agency customer and acknowledges and agrees that Participant is required to continue to be a CPA public agency customer in order to be eligible to receive services and financial reimbursement under this Agreement. g. Notice to Proceed. Participant shall provide to CPA a written notice to proceed (“Notice to Proceed”) prior to Contractor commencing work on the Technical Services specified in Section 2.c.ii. The Notice to Proceed shall indicate that the Participant intends to move forward with building electrification measures at the selected sites.
h. Facilities Information and Energy Data. Participant agrees to share information with CPA and Contractor regarding building characteristics and energy usage, including square footage, year built, equipment information, summary of daily activities on-site, previous audit reports, and three years of historical utility data. i. Ongoing Data. Participant agrees to provide CPA access to energy data through the energy management system’s portal, or other system to be determined, and share energy consumption data with CPA during the Term of this Agreement.
Exhibit B
Form of Project Scope and Budget
Following the terms provided in the Participation Agreement, the specific Project Scope and Budget will be submitted to CPA substantially in the form illustrated below.
Table: Project Scope and Budget
Contractor Services Provided
Services
Selected by
Participant
Authorized Fees for
Services1
Feasibility Analysis for Electrification [$2,316 per facility] Site Visits [$4,525 per facility]
Electrification Plan with equipment inventory,
alternatives, load analysis, cost assessment,
infrastructure needs, demand response
improvements, and estimated emissions impact
[$7,864]
Final Electrical Plans for selected electrification
measures
[$3,491]
Electrical site design and stamped drawings [$9,732]
Other site design documents [Not to exceed $5,000]
Technical assistance to review existing plans,
prepare/review construction bids
[Not to exceed
$3,677 per review]
Technical assistance to manage equipment
installation and provide commissioning support
[Not to exceed $5,000]
Funding package to summarize rebate and
funding opportunities
[Not to exceed $2,313]
Subtotal for Technical Services
Summarize how Participant intends to use Project
Funding to implement recommendations
(refer to eligible expenses in Exhibit A).
Subtotal for Project Funding
Indicate if Participant elects to receive Project
Funding only for equipment purchase and not for
Technical Services. Summarize how the funds
will be used here. Participant will follow
requirements in Exhibits A and C.
Total Budget Requested
1 Preset costs for services are provided. Participants may not necessarily select all services.
Exhibit C
Form of Reimbursement Request
Participant will submit a W-9, and any invoices, receipts, or other appropriate documentation to show paid expenditure of funds, along with the reimbursement request for measures, as specified in the agreed upon Project Scope and Budget. A reimbursement request with the information noted in the table below will be submitted to CPA for approval. CPA will notify the Participant of approval and forthcoming repayment.
Reimbursement Request Form
Building
Electrification
Measure
Reimbursement
Amount
Requested
Documentation
Provided
(Invoice,
Purchase
Receipt, etc.)
Total Project
Funding
Budget
Assigned*
Remaining
Budget
Electric equipment
and/or appliances
(list type of equipment
purchased)
Purchase of energy
management
systems/devices
Warranties, service
contracts, and/or
subscription fees for
energy management
software
Installation costs for
electric equipment and
energy management
systems/devices
Construction costs for
electrical panel or
energy infrastructure
upgrade
Additional expenses to
be determined and
approved by CPA
Total Amounts
*Project Funding budget refers to the budget amount remaining following the completion of Technical Services, as outlined in Exhibit A and Exhibit B.
City of Hermosa Beach | Page 1 of 4
Meeting Date: September 24, 2024
Staff Report No. 24-CR-020
Honorable Mayor and Members of the Hermosa Beach City Council APPROVAL OF NEW 2024 SPECIAL EVENTS
(Senior Recreation Supervisor Brian Sousa)
Recommended Action:
Staff recommends City Council hold a public hearing to approve the Parks, Recreation and Community Resources Advisory Commission’s recommendation to include the following new special events on the 2024 Special Event Calendar:
1. The Frosty Olympics south of the Pier on Saturday, October 12, 2024; and
2. Darc Sport Pier to Pier Run south of the Pier and the Strand north of the Pier on Friday, November 8 through Saturday, November 9, 2024.
Executive Summary:
The Community Resources Department is tasked with overseeing special events on public property. New events require review by the Parks, Recreation, and Community Resources Advisory Commission and approval by City Council through a Public Hearing.
Through a public hearing at its September 3, 2024 meeting, the Parks, Recreation and Community Resources Advisory Commission recommended City Council approve the following new special events on the 2024 Special Event Calendar:
The Frosty Olympics south of the Pier on Saturday, October 12, 2024; and Darc Sport Pier to Pier Run south of the Pier and the Strand north of the Pier on Friday, November 8 through Saturday, November 9, 2024.
Background:
The Special Events Policy Guide (Attachment 1) serves as a comprehensive document for event producers with information on the review and approval process, applicable fees, policies, and Hermosa Beach Municipal Code chapters and sections pertaining to special events. Special events are evaluated based on several factors and categorized as either Impact Level I, II, or III using the Impact Characteristics Matrix in the Special Events Policy Guide. The matrix considers event characteristics to determine the impact level such as the total estimated attendance; the event location; the day and season in which the event would take place; the total number of consecutive event days; and special requests such as reserved parking, amplified sound, etc. The event’s impact level determines the application submission deadline and the required level of review and approval which may involve City staff, Parks, Recreation, and Community Resources Advisory Commission
City of Hermosa Beach | Page 2 of 4
(Commission), and/or Council. New events or Impact Level III events, which are events with the largest impact to the City, require Council approval. Impact Level II returning events require Commission approval and Impact Level I returning events are approved by staff.
Special event application deadlines are as follows:
New events: If the new event is an Impact Level I or II, the application must be submitted at least 90 days in advance of the event. If the new event is an Impact Level III, the application must be submitted no later than July 30 for the following calendar year.
Returning Impact Level III events: Must be submitted no later than July 30 for the following calendar year.
Returning Impact Level II events: Must be submitted at least 90 days in advance of the event.
Returning Level I events: Must be submitted at least 30 days in advance of the event.
At the discretion of the Community Resources Director, special event applications may be submitted for consideration after the application submittal deadline has passed, provided:
there are unforeseeable circumstances (memorial service, team victory celebration, need for minimal marketing/advertising); and the event does not exceed peak season event limits; and the event can still meet all the event approval findings.
Through a public hearing at its September 3, 2024 meeting, the Parks, Recreation and Community Resources Advisory Commission recommended City Council approve the following new special events on the 2024 Special Event Calendar:
The Frosty Olympics south of the Pier on Saturday, October 12, 2024; and Darc Sport Pier to Pier Run south of the Pier and the Strand north of the Pier on Friday, November 8 through Saturday, November 9, 2024.
Past Commission Actions
Meeting Date Description
September 3, 2024 Commission recommended approval by City Council the inclusion of new special events on the 2024 Special Events Calendar.
Discussion:
Staff received one new Impact Level l special event application on August 16, 2024, and one new Impact Level ll special event application on August 1, 2024. A brief summary of each event request is included below. The two new special event requests are included on the 2024 Special Events Calendar (Attachment 2).
City of Hermosa Beach | Page 3 of 4
The Frosty Olympics
Team Frosty requests approval to host The Frosty Olympics on Saturday, October 12, 2024, south of the Pier. The event includes a cornhole tournament fundraiser to support South Bay resident Mike “Frosty” Foster, who is battling Amyotrophic Lateral Sclerosis (ALS), and to raise awareness and funding for ALS research. The event producer expects approximately 85 participants and 40 spectators.
Although the event application was submitted less than 90 days in advance—contrary to the requirements for new Impact Level I events—staff recommends approval due to the low impact of the event, its charitable nature, and the benefits it brings to the community.
The event producer initially approached staff in September to request a location outside the designated Commercial Zone (10th Street to 15th Street on the beach). Staff worked closely with the producer to identify an alternate date available on the special events calendar and ensure compliance with the Hermosa Beach Municipal Code (HBMC).
Specifically, per HBMC Chapter 12.30.050, a permit is required for any nonprofit group utilizing public spaces. Additional event details are provided in Attachment 3, The Frosty Olympics Event Overview.
Darc Sport Pier to Pier Run
Darc Sport requests approval to hold the Darc Sport Pier to Pier Run south of the Pier and the Strand north of the Pier on Saturday, November 9, 2024, with load-in scheduled for Friday, November 8, 2024. The event involves a walk or run from Hermosa Beach Pier to Manhattan Beach Pier and back, featuring beach activations, giveaways, and music.
Organizers anticipate approximately 500 participants and up to 1,500 spectators. To minimize disruptions to Strand traffic, event staff and volunteers will be stationed along the route to guide participants. The Commission, at its September 3, 2024 meeting, recommended the following conditions for approval for City Council consideration:
The event should not exceed 500 participants; and
The event should not promote or provide prizes to participants in order of finish in the walk/run.
Additional event details are included in the Darc Sport Pier to Pier Run event overview sheet (Attachment 4).
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with PLAN Hermosa, the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 5. Small beach town character is reflected throughout Hermosa Beach.
Policy:
City of Hermosa Beach | Page 4 of 4
• 5.7 Visitor and resident balance. Recognizing the desire and need to balance visitor-serving and local-serving uses as a key to preserving character and the economic vitality of the community.
Parks and Open Space Element
Goal 3. Community parks and facilities encourage social activity and interaction.
Policies:
• 3.1 Community-friendly events. Encourage, permit, and support community group, nonprofit, or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions. • 3.2 Social and cultural events. Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction.
Goal 7. The beach offers high quality recreational opportunities and amenities desired by the community.
Policies:
• 7.3 Recreational asset. Consider and treat the beach as a recreational asset and never as a commercial enterprise.
• 7.5 Designated recreational uses. Continually evaluate and explore devoting certain portions of the beach to different preferred recreational uses while providing access for all users and meeting the recreation needs of visitors and residents.
Fiscal Impact:
If approved, the estimated event revenue would be $3,580 to the General Fund.
Attachments:
1. Special Events Policy Guide
2. 2024 Tentative Special Events Calendar
3. The Frosty Olympics Event Overview Sheet
4. Darc Sport Pier to Pier Run Event Overview Sheet
Respectfully Submitted by: Brian Sousa, Senior Recreation Supervisor Concur: Lisa Nichols, Community Resources Director
Noted for Fiscal Impact: Brandon Walker, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Reviewed by: Angela Crespi, Deputy City Manager
Approved: Suja Lowenthal, City Manager
HERMOSA BEACH
SPECIAL EVENTS POLICY GUIDE
This policy guide has been developed to clarify and carry out the City’s mission statement related to events that occur on outdoor public spaces within the City of Hermosa Beach.
Mission Statement
Hermosa Beach strives to offer a safe and enjoyable environment for special events to take place in a way that balances resident and visitor needs. Special events in Hermosa Beach are celebrated for being community-friendly, enhancing local beach culture, and offering a myriad of benefits to the local community. The City of Hermosa Beach works collaboratively with event operators in an efficient and clear manner to process and carry out permits in compliance with this policy.
City Contact Information
The City of Hermosa Beach Community Resources Department is available to assist and answer any questions related to the special events process.
Website: www.hermosabeach.gov
Phone: (310) 318-0280
Email: [email protected]
Address: 710 Pier Avenue, Hermosa Beach, CA 90254
Cover Image: Hermosa Beach Murals Project - John Van Hamersveld
General Information + Frequently Asked Questions
When is a Special Event Permit required?
• For any organized event, activity, celebration, or function involving the use of the beach at which one hundred or more persons are to be assembled or the use of other outdoor public spaces or rights-ofway at which twenty-five or more persons are to be assembled. • For any commercial organization requesting use of any outdoor public space within the City. • For any nonprofit organization requesting use of any outdoor public space within the City.
How do I apply for a Special Event Permit?
Special Event Applications must be submitted using the online form on the City’s website.
Are private events allowed?
All events located on the beach within the commercial zone, the Pier, or Pier Plaza should be open to spectators and the general public free of charge. Participant entry fees are permissible.
What is the “Nothing Weekend”?
On at least one weekend during the Peak Season (Memorial Day to Labor Day), no Special Event Permits will be issued. This means that any application for a Special Event Permit that coincides with a designated “Nothing Weekend” will be asked to provide alternate event dates for the event to be considered.
How will this policy be enforced?
The Special Events Policy Guide will be strictly enforced by City staff. Those found to be violating City policy or failing to comply with any of the requirements of the Hermosa Beach Municipal Code may be subject to penalties or fines. Special events, and any of its participants, vendors, or spectators, found to have caused damage or whom are in violation of any City policy, or the Hermosa Beach Municipal Code may be subject to greater deposits, regulation, or restrictions when submitting Special Event Applications in the future.
Where are special events allowed?
To ensure adequate space and resources are available, and to limit potential disturbances to the community, special events are limited to the following locations:
• North and South of Pier (within the Commercial Zone) – See page 3 • The Strand
o Strand use is only permitted for events continuously moving with no obstruction to public access • Pier Plaza
• Rights-of-way
• The following City parks:
o Valley Park, 2521 Valley Drive
o Community Center, 710 Pier Avenue
o Clark Field, 861 Valley Drive
o Edith Rodaway Park, 350 Prospect Avenue
Special Event Applications for City parks not included above will be considered on a case-by-case basis.
However, Special Event Permits will not be issued for South Park, 425 Valley Drive, or Noble Park, 1400 The Strand.
Commercial Zone
Use Classifications + Impact Characteristics
Special events are evaluated based on several factors and will be categorized as Impact Level I, II, or III based on the information provided in the Special Events Application. Once the information is submitted and reviewed by the Community Resources Department, City staff will determine the Impact Level of the event using the Impact Characteristics Matrix.
The Impact Level of the event will be used to determine:
• the deadline for Special Event Application submittal; and • the level of review for approval (City staff, Parks, Recreation and Community Resources Advisory Commission, and City Council).
Impact Characteristics Matrix
If more than one option is applicable, the highest characteristic will be used to determine the impact level.
Characteristic Impact Level I Impact Level II Impact Level III Total Attendees and Spectators
Per Event Day
100-500 501 – 1,999 2,000 or More
Event Location(s) Park or Beach The Pier or Pier Plaza Streets, the Strand, or Public Right of Way
Use of Volleyball Courts and
Beach Tennis Courts
None North or South
Volleyball Courts; or
Beach Tennis Courts
North and South
Volleyball Courts; or
North and South
Volleyball Courts and
Beach Tennis Courts; or
North Volleyball Courts
and Beach Tennis Courts
Event Season(s) Winter Spring or Fall Summer –
Peak Season
(Memorial Day to
Labor Day)
Event Day(s) Monday - Thursday Friday, Saturday, or
Sunday
Holiday
Total Consecutive Event Days
(Including Set-up and Tear-down)
1-2 3-4 5 or More
(May not exceed 15)
Additional requests such as Film/Still
Photo Permit, Reserved Parking,
Fencing, Staging, Street Closures, or
Amplified Sound Permit
None 1-2 3 or more
Impact Level 5 or More
Applicable
=Impact Level I
2 or More
Applicable
= Impact Level II
2 or more
Applicable =
Impact Level III
Pass-Through Events
An event where participants pass through the City of Hermosa Beach and the event does not start or end in Hermosa Beach is considered a Pass-Through Event. A Special Event Application is required for a Pass-Through Event and the approval process is determined based on the Impact Level assigned to the event.
Pier Plaza Promotions
The Pier Plaza Promotion option is designed to provide organizations with a one-day promotional opportunity on Pier Plaza. These events must be strictly commercial for brand awareness, or product or service launches.
Organizations who wish to hold a Pier Plaza Promotion will be required to submit a Special Event Application.
Up to five Pier Plaza Promotions may be approved each calendar year.
Approval Guidelines + Requirements
Event Approval Findings
A Special Event Permit may be issued upon finding that the event producer can adhere to all of the terms outlined in this Special Events Policy Guide.
Application Submittal Deadlines and Approval Process
Special Event Applications must be submitted as follows:
• New events: If the new event is an Impact Level I or II, the application must be submitted at least 90 days in advance of the event. If the new event is an Impact Level III, the application must be submitted no later than July 30 for the following calendar year. New events to Hermosa Beach will be subject to a Public Hearing by both the Parks, Recreation and Community Resources Advisory Commission and City Council. • Returning Level III events: Must be submitted no later than July 30 for the following calendar year.
Returning Impact Level III will be subject to review by both the Parks, Recreation and Community Resources Advisory Commission and City Council.
• Returning Level II events: Must be submitted at least ninety (90) days in advance of the event. Returning Impact Level III will be subject to review by the Parks, Recreation and Community Resources Advisory Commission.
• Returning Level I events: Must be submitted at least 30 days in advance of the event. Level I events will be subject to review by City staff.
o Pier Plaza Promotions: Review and approval of Pier Plaza Promotion events will follow the same approval process as Level I events.
Any returning event to the City that is requesting a significant change to the event format including the location, total event days, or estimated attendance total may be subject to the application submittal deadlines and approval process outlined for new events at the discretion of the Community Resources Director.
At the discretion of the Community Resources Director, Special Event Applications may be submitted for consideration after the application submittal deadline has passed, provided:
• there are unforeseeable circumstances (memorial service, team victory celebration, need for minimal marketing/advertising);
• the event does not exceed Peak Season (Memorial Day to Labor Day) Event Limits; and • the event can still meet all of the event approval findings The Parks, Recreation, and Community Resources Advisory Commission and City Council will evaluate and recommend approval of returning Impact Level III events and a “Nothing Weekend” first. The Parks, Recreation and Community Resources Advisory Commission will then consider approval of returning Impact Level II events.
City staff will then consider approval of Impact Level I events. New events are considered after all returning events.
Event Type First Day to
Submit Application
Last Day to
Submit Application
Parks, Recreation, and
Community Resources
Advisory Commission Review
City Council
Review
Impact Level I
Late May/Early June
(for following
calendar year)
30 days prior to event n/a n/a
Impact Level II 90 days prior to event
If application is submitted
by August 31: October
If application is submitted
after August 31: TBD
n/a
Impact Level III July 30
(for following
calendar year)
September October
New Events
Impact Level I or II: at least
90 days in advance of the
event
Impact Level III:
no later than July 30 for the
following calendar year.
November November
Event producers are requested to be present at any Parks, Recreation, and Community Resources Advisory Commission and City Council meetings where the event is scheduled to be reviewed.
Event Limits
To balance coastal access with events, the Beach, the Strand, and Pier Plaza will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day):
o Maximum of 45 days used by Impact Level III events; and o Maximum of 25 days used by Impact Level II and II events, and (on days not used by Level III events.)
The monthly number of event days for events outside of the Peak Season (Labor Day to Memorial Day) will be limited to a maximum of 15. Additionally, only two events on any given day will be permitted in the City.
Event Notifications
The Community Resources Department may require event producers to provide written notification to all residents and businesses within a 500-foot radius of the event site. The City shall provide the notice, which shall include the date and time of the event and the telephone number of the designated event representative.
Said written notice shall be provided to the surrounding residents and businesses by the event representative not less than 1 week prior to the event. Additionally, new event requests for locations outside of the Beach or downtown area, require event notifications to be posted at the event site leading up to the scheduled Public Hearing to provide the community additional notice of the proposed new event.
Economic Benefit
Event producers will be required to detail positive economic impacts as a result of the event in the Special Event Application. Event producers should encourage use of local businesses to event staff, participants, and spectators. The Hermosa Beach Chamber of Commerce and Visitor Bureau’s business directory is available at www.trulyhermosa.com. Additionally, event producers should engage with local businesses to explore partnership, and promotional opportunities.
Pre/Post Event Meetings
Pre-event and post-event meetings with City staff and event producers may be required. A “pre-event meeting” may be scheduled anytime between 3 months to several weeks prior to the actual event date as determined by City staff.
Site Plan and Signage
A detailed map schematic must be submitted with the Special Events Application that includes the proposed location of the event, including all temporary facilities, structures, signage, and /or equipment to be erected, ingress and egress, and whether existing structures and/or facilities are to be relocated or modified (such as Volleyball Courts or Beach Tennis Courts, for example). • All recreational activities and set-up of recreational equipment should remain at least 50 feet from the Strand wall. Special considerations may be made upon request. • All event-related activities and set-up shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. • All tents must remain at least 10 feet from the Strand wall.
Event signage shall not be placed on City facilities or premises outside of event times. Signage shall not be affixed to City property. Event producers may apply for a Street Banner through the Public Work’s Department.
Simultaneous Use of North and South Volleyball Courts
One side of the north and south of Pier Volleyball Courts will be required to remain open for general public use during events occurring on weekends. An exception may be provided for events that occur at the same time as City-sponsored classes utilizing the north or south of Pier Volleyball Courts or at the discretion of the Parks, Recreation, and Community Resources Advisory Commission and City Council.
Impact to Beach Tennis Courts
Any event requesting removal of the Beach Tennis Courts must provide one of the following:
• An event footprint that would allow for at least three of the permanent Beach Tennis Courts to remain for general public use; or
• Temporary Beach Tennis Courts available for general public use.
o Temporary courts must remain at least 50 feet from the strand wall and shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. If temporary courts are provided outside of the Commercial Zone, outside of the event footprint, it is the responsibility of the event producer to set-up and remove the courts daily as they are not permitted to remain overnight.
o The City and Beach Tennis community would assist with providing the temporary poles and nets to the event producer and provide guidance for installation/removal.
Portable Restrooms and Hand Sanitizing/Sink Facilities
Event producers may be required to provide portable restrooms and hand-sanitizing/sink facilities. The cost of such services shall be borne by the event producer. The number of portable restrooms and hand-sanitizing/sink facilities required will be determined by City staff. City staff will designate the location for any portable restrooms and hand-sanitizing/sink facilities required at the event location.
Parking
If an event producer requests reserved parking, a parking plan outlining the public parking spaces requested with the times of use for each space must be submitted. Event producers may be required to secure satellite parking lots for event staff or attendee parking, and/or shuttle bus transportation.
Coastal Development Permit
Events that meet all of the following criteria will be subject to review by the California Coastal Commission:
• Held between Memorial Day and Labor Day;
• Occupies all or a portion of the beach; and
• Involves a charge for general public admission seating (not including participant entry fees).
Building and Safety Review
Per Chapter 31 of the California Building Code, as adopted by Hermosa Beach Municipal Code 15.04.010, a building permit and plan review is required when any special event on outdoor public spaces includes the temporary installation of the following structures:
• Awnings or canopies
• Marquees - A sign painted on, attached to, or supported by a marquee on a temporary building wall which supports the marquee
• Signs - A ground sign supported by one or more uprights, poles or braces or a sign wholly supported by a sign structure, or a portable sign with the surface temporarily fixed to a structure that is moved periodically
• Towers - A structure designed and constructed to support antennas • Antennas - Wires, poles, rods, reflecting discs or similar devices used for the transmission of electromagnetic waves
• Swimming pools - A structure intended for swimming or recreational bathing that contains water over 18 inches deep
• Relocatable buildings
• Generators, or any other temporary power source
• Temporary structures or tents that exceed 10’ x 10’ that cover an area greater than 120 square feet, including connecting areas or spaces with a common means of egress or entrance that are used or intended to be used for the gathering together of 10 or more persons. • Stages
• Trusses
• Electrical equipment
• Mechanical equipment
• Heaters
• Large-scale ventilation equipment
Following event approval, event producers will be responsible for applying for the necessary permits through the City’s Community Development Department.
• Any event with temporary installation of any of the aforementioned structures, requires the event producer to submit an application for a Building Permit. • If electrical equipment, temporary power sources, or generators would be used, the event producer must submit an application for a Electrical Permit in addition to the Building Permit.
• If mechanical equipment, heaters, or large-scale ventilation equipment would be used, the event producer must submit an application for a Mechanical Permit in addition to the Building Permit. • If plumbing equipment, pools, or water supply lines would be used, the event producer must submit an application for a Plumbing Permit in addition to the Building Permit. This is not required for the use of portable restrooms.
Applications are available on the City’s website. Plan review and permit fees would be applied and are determined by the level of review required. Special Event Permits will not be issued until all appropriate Building and Safety permits have been provided to the Community Resources Department.
County of Los Angeles Fire Department Review
The Fire Prevention Bureau in Carson oversees events taking place in the City. Therefore, event producers may be required to apply for approval by the Bureau through submission of a Public Assemblages and Event Declaration Form. Once the application is submitted the County of Los Angeles Fire Department will review, determine if a Field Inspection will be required for the event, and generate the permit fees. Once approval is obtained, an Operational Permit would be issued to the event producer.
Filming or Still Photo Permit
A Film/Still Photo Permit is required for any event recording or photographing activities resulting in commercial use. Information about professional filming permits may be obtained on the City’s website.
Emergency Action Plan
It is the event producer’s responsibility to have a comprehensive emergency action plan to the City that proposes the steps to be taken for crisis situations, such as event shut down due to severe weather, fire, active hostile attack, or for a missing person, medical emergency or threat of violence. Event producers are also responsible for providing an evacuation plan, including a script for the evacuation announcement and the means to how the evacuation plan and locations will be communicated to event attendees. The event producer’s proposed plan will be evaluated and formalized with the Emergency Management Coordinator in the City Manager’s office.
Trash
Event producers cannot leave any trash at any event site outside of the permanent trash receptacles and may be required to secure additional containers, dumpsters, or services from Athens at a cost borne by the event producer.
Accessibility Plan
It is the event producer’s responsibility to comply with all City, County, State and Federal disability access requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and outdoor sites, activities and programs must be accessible to persons with disabilities.
Amplified Sound
Event producers are required to obtain an Amplified Sound Permit if the event intends to use a loudspeaker or sound amplifying equipment for the purpose of giving instructions, directions, lectures, or transmitting music. The Chief of Police will consider the following in the issuance of Amplified Sound Permits:
• The volume and intensity of the noise;
• Whether the noise is prolonged and continuous;
• How the noise contrasts with the ambient noise level; • The proximity of the noise source to residential and commercial uses; • The time of day; and
• The anticipated duration of the noise.
Speakers must be facing westward (towards the ocean) at all times.
Food, Beverage, or Merchandise Sales
In accordance with HBMC Section 12.20.300, the sale of food, non-alcoholic beverages, or branded merchandise from the event producer on the beach is allowed for events approved through the Special Events Permit Program. The sale of these items from any vendor other than the event producer, or any other commodity, merchandise, wares, products, or service on the beach is not allowed. Event producers wishing to sell within these guidelines would be responsible for obtaining a business license from the City, and for obtaining any applicable food or beverage permits through the County of Los Angeles Department of Public Health.
Requests for alcohol on the beach will not be considered.
For events not on the beach, the sale of food, non-alcoholic beverages, alcoholic beverages, or merchandise may be considered through the Special Events Permit Program. The event producer would be responsible for ensuring any vendors associated with its event has a current business license with the City and for obtaining any applicable food or beverage permits through the County of Los Angeles Department of Public Health. If the sale of alcohol is approved through the Special Event Permit Program, the event producer must secure the appropriate license from the State of California Department of Alcohol Beverage Control (ABC). The City may place restrictions on the way in which alcohol is managed at a proposed event and/or a requirement of security officers and/or assigning City staff to monitor the cost of such services shall be borne by the event producer.
Security
City staff or law enforcement may deem a special event warrants the presence of one or more Police Officers or security personnel and the cost of such services shall be borne by the event producer. Security personnel must be licensed, in uniform and are subject to approval by the City.
Insurance
At least ten (10) days prior to the event, event producers will provide the City with a certificate of insurance providing liability insurance with the following requirements:
Event producer agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." This exact verbiage is required. Event producer shall notify the City at least thirty (30) days prior to the termination, reduction, cancellation, suspension, modification, or expiration of the policy. Notwithstanding the foregoing, Event producer shall maintain insurance coverage meeting the standards outlined in this Section at all times during the term of the activity or activities for which the Event producer submitted its application, as reflected in and permitted by this Agreement. All certificates are subject to approval of the City’s Risk Manager.
Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury with limits no less than two million dollars ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of insurance coverage.
If the use includes athletic activities, shall provide evidence of that the commercial general liability insurance includes coverage for injuries to athletic participants and participant accident insurance.
If the Event producer maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Event Day Expectations
In order to immediately address any issues or changes that may arise during the course of an event, producers are responsible for:
• Providing contact information for an event representative that City staff may reach at any time during the event.
o The assigned event representative must be on-site and may not actively participate in the event.
• Maintaining copies of all applicable Special Event Permits and any other permits issued by the City onsite during the event.
Compliance
Applicable Codes + Regulations
The City of Hermosa Beach Municipal Code governs the approval, review, and enforcement of events. The Special Events Policy Guide must be strictly adhered to and all pertinent City Ordinances shall be enforced. The sections of the Hermosa Beach Municipal Code relevant to events include, but are not limited to:
Title 8 – Health and Safety
8.24 Noise Control
8.64 Ban on Polystyrene Food Service Ware
Title 10 – Vehicles and Traffic
10.28 Loading and Unloading
10.32 Stopping, Standing and Parking
Title 12 Street, Sidewalks and Public Places
12.20 Beach and Strand Regulations
12.28 Parks, Playgrounds and Other Public Areas
12.30 Special Events on Public Property
Environmental Requirements
Events in Hermosa Beach are expected to implement the following measures to reduce impacts and costs to the environment, the city, and the community.
MEASURE
Recycling and Waste Reduction
1. Reduce waste and single-use items
No single-use paper, plastics, packaging, and décor items Reduce size/bulk of plates, containers, cups
Use products with high recycled content
No sale or give-away of single-use plastic drinking water bottles.
At 'beer or drink gardens' use recycled or compostable cups Recycle fry-grease for bio-diesel fuels
Limit and reduce size of handouts, flyers and giveaways
2. Recycling containers:
Place well-marked recycle containers adjacent to every trash container Provide onsite 'monitors' directing people to recycling at prime locations or provide secondary trash sorters
3. Staging
Recycle or reuse event construction materials
Use ‘no emission/no VOC’ paints/sealants
4. Transportation
No-idling policy for all vehicles
Sponsor free shuttle or low-cost bus passes
Use electric, hydrogen, hybrid or CNG vehicles
4. Energy
Use energy-efficient lighting
Turn lighting and devices off when not in use
Turn off generators when not in use for significant period Use alternative energy (solar, wind, fuel cell) to supply some power Use alternative fuel generators (CNG, fuel cell, biodiesel)
5. Marine environment
No hosing of surfaces
Full containment of all wastes
Full containment of all six-pack plastic rings. Cut rings prior to disposal
6. Education
Event and vendors must have waste and recycling a prominent theme Ensure vendors and service providers with green measures Report on compliance with above applicable measures
Applicable Fees
All events are subject to an application fee, daily category fees, and additional fees established by resolution of the City Council and any additional costs incurred by the City on behalf of the event. Payment of event fees is due upon receipt. The Community Resources Department has the discretion to revoke a permit if all applicable fees are not paid in a timely manner. Special Event Permit fees are subject to change. Additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Community Development Department, Police Department, Public Works Department and/or the Los Angeles County Fire Department.
Current Fee Schedule
Event Categories Fee
Category I
Participant plus spectator crowd less than 500 per event day.
Non-profit: $2 per registrant
and roster of participants
due to City
Commercial: 70/30
split of proceeds
and roster of participants
due to City
Category II
Participant plus spectator crowd more than 500 but less than 3,000 per event day;
• Impacts public areas for no longer than one day including set-up and tear-down; and
• Is conducted in the off-season (not between Memorial Day and Labor Day) and not on any holiday.
$3,270 per event day
Category III
Participant plus spectator crowd more than 500 but less than 3,000 per event day;
• Impacts public areas for one or more days including set-up and tear-down; and
• Is conducted in the Peak Season (between Memorial Day and Labor Day) or on any holiday; or
Participant plus spectator crowd more than 3,000 but less than 5,000 per event day.
$3,599 per event day
Category IV
Participant plus Spectator crowd exceeds 5,000 per event day. $6,544 per event day Additional Fees Fees
Commercial Application Fee - non-refundable $1,028
Non-Profit Application Fee - non-refundable $685
Pass-Thru Application Fee - non-refundable $343
Amplified Sound Permit $201
Additional Fees Cont’d Fees
Pier Plaza Use Fee $13,697 per event day
Event Co-sponsor* $346 each
Event Set-Up/Tear-Down $310 per location, per day
Community Resources Staff $411 per day
Parking Space Fee Fees vary based on parking location
*The Event Co-sponsor fee is charged for each organization listed as a presenting sponsor of the event on any or all marketing materials for the event.
Damage Deposit
Monetary deposits, bonds and other security may be necessary to guarantee performance of all required conditions, clean-up and repair of any City property or facilities damaged as a result of the event. Events may be required to submit a deposit to cover any potential damage to City facilities. All or a portion of the deposit may be refunded upon post event inspection. Events will be billed for the costs to repair or replace any City property damaged as a result of the event if the damage exceeds the deposit provided.
Refund/Cancellation Policy
Once a permit is approved and issued, daily category fees or additional fees may be refunded when written notice is given to the Community Resources Department at least two weeks prior to the event date.
Fee Waiver Grants
To support qualified organizations that have received approval to hold their event, the City provides event fee waiver grant opportunities to assist in its success by relieving the financial burden associated with the cost of the City’s event fees. Events and organizations that qualify for a long-term agreement or in contract are not bound to the terms of this policy. The annual award limit of fee waiver grants is approved by the City Council each fall for the upcoming calendar year. Grants will be awarded up to a maximum of $2,500 per event or a 50% reduction of indirect City event fees, whichever is the lesser amount. Fee waiver grants may only be used toward indirect costs charged by the City; direct costs are not eligible for and organizations are required to pay those in full. The minimum amount of a requested fee waiver grant must total at least $250.
Eligibility
In order to be eligible to apply for a fee waiver grant, the event must be a returning event to the City. Fee waiver grants will not be considered for new events or events taking place during the Peak Season (between Memorial Day and Labor Day). Following approval of an event, a completed Special Event Fee Waiver Grant Application is required to be submitted to the Community Resources Department at least 60 days prior to the event. The request will be reviewed by the Parks, Recreation, and Community Resources Advisory Commission at one of its regularly scheduled meetings for consideration of approval.
Event producers will be requested to demonstrate the following:
• A financial need or other economic justification to be considered for a fee waiver grant; • A positive community benefit through the organization or its event by meeting at least two of the following criteria:
• The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses;
• The organization and/or event can demonstrate broad community support and sponsorship; • The event appeals to a wide segment of community members; • The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community;
• The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
• The organization/and or event addresses an unmet community need. • A positive economic impact as a result of the event by providing the following information:
• If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and
• Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach.
Additionally, event producers must be able to fully fund their event should they not receive a fee waiver grant and may not be dependent on the fee waiver grant to determine their ability to hold the event.
Events specifically prohibited from receiving a fee waiver grant include those events that:
• Promote, advocate, or advance a political message or belief. • Projects or organizations who have unsatisfactorily fulfilled its obligations from previous fee waiver grants.
Obligations
Organizations approved for a fee waiver grant will be required to complete the following:
• Include that the event “is brought to you with support from the City of Hermosa Beach” on all marketing materials. The City requests this exact verbiage be used. o A copy of event marketing materials with this exact verbiage must be provided to the City prior to the City’s issuance of the Special Events Permit.
• A formal presentation to the Parks, Recreation and Community Resources Advisory Parks, Recreation, and Community Resources Advisory Commission at one of its regular meetings no more than 60-days following the event. The presentation shall include discussion of:
o Number of attendees.
o Beneficiary of funds raised by the event (if applicable). o Overview of event budget and financial outlook.
o Overview of the community benefit and/or positive economic impact to the City of Hermosa Beach.
Disqualification
Failure to complete these requirements in accordance with this policy shall automatically disqualify the organization from submitting a future request to receive a fee waiver grant for the remainder of the current calendar year plus one additional calendar year.
If any information submitted as part of the Special Event Fee Waiver Grant is found to be fraudulent, event approvals already granted for the remainder of the calendar year will be automatically revoked. While the organization will be permitted to reapply for approval of event(s) in the following calendar year, it will no longer be eligible to apply for a fee waiver grant.
Long-term Agreements
The City of Hermosa Beach recognizes the value in hosting a variety of beloved community events that help create a balanced and enjoyable events calendar for its residents. To support and develop a long-term approach to the scheduling of events, eligible events can qualify for a long-term agreement (LTA) with the City.
Eligibility
In order for an organization to be eligible for consideration of a long-term agreement, the event(s) must meet at least three of the following:
• The event(s) must qualify as an Impact Level II or III (per the Impact Worksheet), and at least one of the following:
o Have a combined estimated total of 5,000 people in attendance; or o The event must be at least two (2) consecutive days (including setup and teardown). • Have held its event in Hermosa Beach for at least three consecutive years • The event must be produced by an organization that serves, involves, and/or promotes Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; and • The organization or event producer must be able to demonstrate how its programs (outside of those provided at the event) provide a positive impact to the City including enhancements to quality of life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational activities of interest to the community.
• The event can demonstrate:
o A community benefit; or
o A positive economic impact as a result of the event.
Event producers will be requested to demonstrate a positive community benefit through the organization or its event by meeting at least two of the following criteria:
• The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses;
• The organization and/or event can demonstrate broad community support and sponsorship; • The event appeals to a wide segment of community members; • The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community; • The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
• The organization/and or event addresses an unmet community need.
Event producers will be requested to demonstrate a positive economic impact as a result of the event by providing the following information:
• If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and
• Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach.
Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria, the City Council may authorize such organization to apply for an LTA where its event provides a demonstrable or differentiated benefit to the community or a service that the City would otherwise be unable to provide.
Term Limits
LTA’s shall be for no less than two (2) years but shall not exceed a maximum of three (3) years unless otherwise determined by the City Council.
Procedures
The following steps are required to guide the development and implementation of an LTA:
1. Submittal of an LTA Application and corresponding letter to the Community Resources Department demonstrating how the organization meets the criteria.
2. Review and recommendation for City Council approval by the Parks, Recreation and Community Resources Advisory Commission.
3. Review and approval by the City Council to begin LTA negotiations with City staff.
4. LTA negotiations and development.
5. Presentation of the final LTA to the City Council for approval.
Obligations
Organizations whose event(s) are approved through an LTA are required to provide a formal presentation to the Parks, Recreation, and Community Resources Advisory Commission at one of its regular monthly meetings no more than 60 days prior and 60 days following its event(s). The pre-event presentation shall include a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and its anticipated impact(s) to the community, etc. The post-event presentation shall include a general overview including the actual number of attendees; actual impact(s) to the community; and any event struggles and successes.
TENTATIVE
2024 SPECIAL EVENTS
CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
[email protected]
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
7 Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
8 9 10 11 12 13 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
14 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
15 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
16 17 18 19 20
21 22 23 24 25 26 27 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
28 29 30 31
January 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
26 27 28 29 Beach Tennis Tournaments
Beach Tennis Courts
(Setup)
February 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
City Contracted Event
March 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 Beach Tennis Tournaments
Beach Tennis Courts
2 Beach Tennis Tournaments
Beach Tennis Courts
3 Beach Tennis Tournaments
Beach Tennis Courts
4 5 RUHS Volleyball Matches
North Volleyball Courts
6 7 RUHS Volleyball Matches
North Volleyball Courts
8 9 HBLL Opening Day
Clark Field
Impact Level II
10 11 12 RUHS Volleyball Matches
North Volleyball Courts
13 14 RUHS Volleyball Matches
North Volleyball Courts
15 16 St. Patrick’s Day
Parade
Downtown
Impact Level III
17 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
18 19 RUHS Volleyball Matches
North Volleyball Courts
20 21 RUHS Volleyball Matches
North Volleyball Courts
22 Hearts of Hermosa
Community Center
(Setup)
Impact Level III
23 Hearts of Hermosa
Community Center
Impact Level III
24 Hearts of Hermosa
Community Center
(Teardown)
Impact Level III
25 26 RUHS Volleyball Matches
North Volleyball Courts
27 28 RUHS Volleyball Matches
North Volleyball Courts
29 30
31 Easter Sunrise Mass
South of Pier
April 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
7 8 9 RUHS Volleyball Matches
North Volleyball Courts
10 11 Beach Tennis Tournaments
Beach Tennis Courts
(Setup)
RUHS Volleyball Matches
North Volleyball Courts
12 Beach Tennis Tournaments
Beach Tennis Courts
13 CBVA
North Volleyball Courts
Beach Tennis Tournaments
Beach Tennis Courts
14 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Beach Tennis Tournaments
Beach Tennis Courts
15 16 RUHS Volleyball Matches
North Volleyball Courts
17 18 RUHS Volleyball Matches
North Volleyball Courts
19 20 Sidewalk Sale
Hermosa Avenue, Pier Avenue & Pier Plaza
Impact Level II
State of the Art
Cypress Ave. & 6th St.
21 Sidewalk Sale
Hermosa Avenue, Pier Avenue
& Pier Plaza
Impact Level II
AAU Southern Pacific Grand
Prix Series
North Volleyball Courts
22 Rams Draft Experience
South of Pier
(Setup)
23 SCVA
Day at the Beach
North Volleyball Courts
Rams Draft Experience
South of Pier
(Setup)
24 Rams Draft Experience
South of Pier, Schumacher
Plaza, and Pier Plaza
(Setup)
25 RUHS Volleyball Matches
North Volleyball Courts
Rams Draft Experience
South of Pier, Schumacher
Plaza, and Pier Plaza
26 Surfers Walk of Fame
Kick-off Party
Community Theatre
impact Level II
Rams Draft Experience
South of Pier, Schumacher
Plaza, and Pier Plaza
27 Surfers Walk of Fame
Spyder Surf Fest
Pier Plaza
Impact Level III
Rams Draft Experience
South of Pier
28 Waterman’s Surf Series
South of Pier
Rams Draft Experience
South of Pier
29 RUHS Volleyball Matches
North Volleyball Courts
Rams Draft Experience
South of Pier
30 Rams Draft Experience
South of Pier
May 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 Rams Draft Experience
South of Pier
2 Rams Draft Experience
South of Pier
3 Rams Draft Experience
South of Pier
(Teardown)
4 Classic Car Show
Schumacher Plaza &
Pier Plaza
Impact Level II
5 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Your are Enough 5k
Schumacher Plaza & Strand
north of Pier
6 7 8 9 10 11 CBVA
North Volleyball Courts
Night at the Ballpark
Clark Field
Impact Level II
12 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
13 14 15 16 17 18
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
19 20 21 22 23 Fiesta Hermosa
Downtown
(Setup)
Impact Level III
24 Fiesta Hermosa
Downtown
(Setup)
Impact Level III
CBVA
North Volleyball Courts
(Setup)
25 Fiesta Hermosa
Downtown
Impact Level III
CBVA
North Volleyball Courts
Impact Level III
26 Fiesta Hermosa
Downtown
Impact Level III
CBVA
North Volleyball Courts
27 Fiesta Hermosa
Downtown
Impact Level III
CBVA
North Volleyball Courts
(Teardown)
28 Fiesta Hermosa
Downtown
(Tear-down)
Impact Level III
29 30 Beach Tennis Tournaments
Beach Tennis Courts
(Setup)
31 Beach Tennis Tournaments
Beach Tennis Courts
June 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 SoCal
Beach Foundation
North Volleyball Courts
Beach Tennis Tournaments
Beach Tennis Courts
2 Beach Tennis Tournaments
Beach Tennis Courts
HBLL Closing Day
Clark Field
Impact Level II
3 4 5 6 7 Fine Arts Festival
Community Center Lawn
(Setup)
Impact Level III
8 Fine Arts Festival
Community Center Lawn
Impact Level III
South Bay Paddle
South of Pier
9 Fine Arts Festival
Community Center Lawn
Impact Level III
SoCal Beach Foundation
North Volleyball Courts
10 11 12 13 14 SCVA
Day at the Beach
North Volleyball Courts
(Setup)
15 SCVA
Day at the Beach
North Volleyball Courts
16 17 U19 World Championship
and World University Trials
North Volleyball Courts
18 U19 World Championship
and World University Trials
North Volleyball Courts
19 U19 World Championship
and World University Trials
North Volleyball Courts
20 U19 World Championship
and World University Trials
North Volleyball Courts
21 22 Nothing Weekend
23 Nothing Weekend 24 25 26 27 28 29 Smackfest Co-ed 4’s Volleyball Tournament
North Volleyball Courts
30 SCVA
Day at the Beach
North Volleyball Courts
July 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 JVA/BVCA
Hermosa Beach National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup)
Impact Level III
7 JVA/BVCA
Hermosa Beach National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
8 JVA/BVCA
Hermosa Beach National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
9 JVA/BVCA
Hermosa Beach National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
10 JVA/BVCA
Hermosa Beach National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
Shakespeare by the Sea
Valley Park
Impact Level I
11 JVA/BVCA
Hermosa Beach National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
Shakespeare by the Sea
Valley Park
Impact Level I
12 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup)
Impact Level III
13 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
14 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
15 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
16 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
17 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
18 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
19 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
20 AVP Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup)
Impact Level III
21 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup)
Impact Level III
22 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts)
Impact Level III
23 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
24 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
25 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
26 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
27 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
28 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
29 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Teardown)
Impact Level III
30 31 International
Surf Festival
North & South of Pier
(Setup)
Impact Level III
August 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 International
Surf Festival
North & South of Pier
(Setup)
Impact Level III
2 International
Surf Festival
North & South of Pier
Impact Level III
3 International
Surf Festival
North & South of Pier &
North Volleyball Courts (CBVA)
Impact Level III
Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
4 International
Surf Festival & CBVA
North & South of Pier
Impact Level III
Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
5 International
Surf Festival
North & South of Pier
(Tear-down)
Impact Level III
6 7 8 9 Triathlon
Downtown
(Setup)
Impact Level III
10 Triathlon
Downtown
(Setup)
Impact Level III
11 Triathlon
Downtown
Impact Level III
CBVA
North Volleyball Courts
12 13 14 15 16 Beach Tennis Tournaments
Beach Tennis Courts
(Setup)
17 Beach Tennis Tournaments
Beach Tennis Courts
18 Beach Tennis Tournaments
Beach Tennis Courts
19 20 21 22 23 24 Nothing Weekend
25 Nothing Weekend 26 27 28 29 30 CBVA
North Volleyball Courts &
Schumacher Plaza
(Setup)
31 CBVA
North Volleyball Courts &
Schumacher Plaza
Sun Mon Tue Wed Thu Fri Sat
1 CBVA
North Volleyball Courts &
Schumacher Plaza
2 3
Hermosa Beach Open
North Volleyball Courts
(Setup)
4 Hermosa Beach Open
North Volleyball Courts
5 Hermosa Beach Open
North Volleyball Courts
6 Hermosa Beach
Concert Series
South of Pier
(Setup)
Impact Level III
Hermosa Beach Open
North Volleyball Courts
7 Movies at the Beach
South of Pier
(Utilizing Hermosa Beach Concert
Series Infrastructure)
Impact Level III
Hermosa Beach Open
North Volleyball Courts
8 Hermosa Beach
Concert Series
South of Pier
Impact Level III
9 Hermosa Beach
Concert Series
South of Pier
(Event Infrastructure Only)
Impact Level III
10 Hermosa Beach
Concert Series
South of Pier
(Event Infrastructure Only)
Impact Level III
11 Hermosa Beach
Concert Series
South of Pier
(Event Infrastructure Only)
Impact Level III
12 Hermosa Beach
Concert Series
South of Pier
(Event Infrastructure Only)
Impact Level III
13 Hermosa Beach
Concert Series
South of Pier
(Event Infrastructure Only)
Impact Level III
14 Movies at the Beach
South of Pier
(Utilizing Hermosa Beach Concert
Series Infrastructure)
Impact Level III
15 Hermosa Beach
Concert Series
South of Pier
Impact Level III
16 Hermosa Beach
Concert Series
South of Pier
(Tear-down)
Impact Level III
17 18 19 20 21 Coastal Cleanup Day
Schumacher Plaza,
North & South of Pier
Impact Level I
Glow Ride
for Cystic Fibrosis
Schumacher Plaza &
Strand north of Pier
22 SoCal
Beach Foundation
North Volleyball Courts
23 24 25 26 27
Locale 90254
Hermosa Avenue, & Lot A
(Setup)
Impact Level III
28 Locale 90254
Hermosa Avenue, & Lot A
Impact Level III
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
29 Locale 90254
Hermosa Avenue, & Lot A
Impact Level III
30 September 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
City Contracted Event
October 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 Beach Tennis Tournaments
Beach Tennis Courts
(Setup)
5 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Beach Tennis Tournaments
Beach Tennis Courts
6 Beach Tennis Tournaments
Beach Tennis Courts
7 8 9 10 11 12
The Frosty Olympics
South of Pier
PENDING
13 Walk to End Alzheimer's
Schumacher Plaza and
Strand north of Pier
14 15 16 17 18
Community Movie Night:
Carrie
Community Theatre
Impact Level I
19 Pumpkins in the Park
Edith Rodaway Park
Impact Level II
VOLLEY4SOUND
North Volleyball Courts
20 Skechers Pier to Pier
Friendship Walk
Schumacher Plaza and
Strand north of Pier
Impact Level III
21 22 23 24 25 Beach Tennis Tournaments
Beach Tennis Courts
(Setup)
26 Beach Tennis Tournaments
Beach Tennis Courts
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
27 Beach Tennis Tournaments
Beach Tennis Courts
28 29 30 31
Sun Mon Tue Wed Thu Fri Sat
1 2 Sandy Sauté
North of Pier
3 4 5 6 7 8 Darc Sport Pier to Pier
Run (Load-in)
The Strand
PENDING
9 Darc Sport Pier to Pier Run
The Strand
PENDING
10 11 Veterans Day
Wreath Laying
Ceremony
Community Center
East Lawn
Impact Level II
12 13 14 15 16
17 18 19 20 21 22 Hermosa for the
Holidays
Downtown
(Setup)
Impact Level III
23 Hermosa for the
Holidays
Downtown
Impact Level III
AAU Southern Pacific Grand
Prix Series
North Volleyball Courts
24 Hermosa for the
Holidays
Downtown
Impact Level III
25 26 27 28 29 30
November 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
City Contracted Event
December 2024
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted Event
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7 Sand Snowman
Contest
North of Pier
Impact Level I
8 9 10 11 12 13
Community Movie
Night: Nightmare
Before Christmas
Community Theatre
Impact Level I
14 California Great
Santa Stroll
Strand North of Pier & Pier
Plaza
Impact Level III
15 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
16 17 18 19 20 21
22 23 24 25 26 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
27 28
29 Community
Chanukah Celebration
Pier Plaza &
Greenwood Park*
Impact Level II
30 31
*Menorah installation at Greenwood Park is Monday, December 23 2024, and the Menorah is removed Friday, January 3, 2025
Off-Season Monthly Events
(Labor Day – Memorial Day) # of Special Event Days # of Days Available(out of 15) January 6 9
February 3 12
March 18 -3
April 19 -4
May (through May 26) 13 2
September (from September 3) 19 -4
October 11 4
November 7 8
December 6 9
Peak Season (Memorial Day: May 27, 2024– Labor Day: September 2, 2024) # of Special Event Days on the Beach/Strand/Pier Plaza Level I & II Event Days
(not on Level III Event Days)
& City Sponsored/Contracted
(not on Level III, II or I Event Days)
(Maximum of 25)
Level III Event Days
(Maximum of 45)
Total # of Event Days
(out of 70 total)
18 38 54
Peak Season Event Limits:
To balance coastal access with events, events on the Beach, Strand & Pier Plaza will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer):
o Maximum of 45 days used by Level III Events
o Maximum of 25 days used by Level I & II Events, & City Sponsored/Contracted Events (on days not used by Level III Events) City Sponsored or City Contracted Events, & Long-term Agreement Events are categorized by their Impact Level
2025
City of Hermosa Beach
Special Event Permit Application Overview
Event Title: The Frosty Olympics
Impact Level: I
Applicant Name: Greg Waters
Organization Name: Team Frosty
Non-Profit: NO/YES
Event Date(s): Saturday, October 12
Event Time: Load-in 7:00am-11:00am, Event: 11:00am–4:00pm, Load-out 4:00-5:00pm Event Summary: A fundraiser cornhole tournament in support South Bay resident Mike “Frosty” Foster, who is battling ALS, and to support ALS research.
Returning Event: NO/YES
Event Location (Site Map Attached): South of Pier
Estimated Number of Participants: 85
Estimated Number of Spectators: 40
Age of Participants: All Ages
Participant Fee: None (donation based)
Parking: Yes
Amplified Sound: None
Generator(s): None
Fenced Area(s): None
Stage(s), Structure(s) or Tent(s): Yes, tents
Security: None
Sponsor(s): None
Vendor(s): None
Filming/Still Photography: None
Estimated Fees Payable to the City
Application (Non-Profit) $685
Parking $TBD
*Additional fees to apply due to required staffing and/or services from the City of Hermosa Beach’s Community Resources Department, Community Services Department, Public Works Department, Police Department, and the Los Angeles County Fire Department.
2024
City of Hermosa Beach
Special Event Permit Application Overview
Event Title: Darc Sport Pier to Pier Run
Impact Level: II
Event Date(s): Friday, November 8 – Saturday, November 9, 2024 Applicant Name: Madison Edgar
Organization Name: Darc Sport
Non-Profit: NO/YES
Event Time: Load-in: Friday, November 8 from 8:00am–8:00pm Event: Saturday, November 9 from 8:00am–2:00pm, Load-out 2:00pm–8:00pm Event Summary: Apparel brand Darc Sport to host a walk, jog, and run from the Hermosa Beach Pier to Manhattan Beach Pier and back.
Returning Event: NO/YES
Event Location (Site Map Attached): South of the Pier and the Strand north of the Pier Estimated Number of Participants: 500
Estimated Number of Spectators: Up to 1,500
Age of Participants: Adults (18 years and over)
Participant Fee: None
Parking: Yes
Amplified Sound: Yes
Generator(s): None
Fenced Area(s): None
Stage(s), Structure(s) or Tent(s): Yes, stage and tents, and an inflatable arch Security: Yes
Sponsor(s): None
Estimated Fees Payable to the City
Application (Commercial) $1,028
Category lI $3,270
Amplified Sound $201
Event Set-Up $310 per day x 1 day
Parking $TBD
*Additional fees to apply due to required staffing and/or services from the City of Hermosa Beach’s Community Resources Department, Community Services Department, Public Works Department, Police Department and the Los Angeles County Fire Department.
City of Hermosa Beach | Page 1 of 8
Meeting Date: September 24, 2024
Staff Report No. 24-PW-033
Honorable Mayor and Members of the Hermosa Beach City Council
AWARD OF PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL
TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING SERVICES (Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1. Award a contract for on-call transportation planning and traffic engineering expertise services to Hartzog & Crabill, Inc. at a not-to-exceed amount of $600,000 for a term of three years ending October 1, 2027, with an option to allow the City Manager to extend up to two additional years (Attachment 7);
2. Award a contract for on-call transportation planning and traffic engineering expertise services to Michael Baker International, Inc. at a not-to-exceed amount of $600,000 for a term of three years ending October 1, 2027, with an option to allow the City Manager to extend up to two additional years (Attachment 8);
3. Award a contract for on-call transportation planning and traffic engineering expertise services to Fehr & Peers Associates, Inc. at a not-to-exceed amount of $600,000 for a term of three years ending October 1, 2027, with an option to allow the City Manager to extend up to two additional years (Attachment 9);
4. Award a contract for on-call transportation planning and traffic engineering expertise services to CR Associates, Inc. at a not-to-exceed amount of $600,000 for a term of three years ending October 1, 2027, with an option to allow the City Manager to extend up to two additional years (Attachment 10);
5. Award a contract for on-call transportation planning and traffic engineering expertise services to General Technologies and Solutions LLC (GTS) at a not-toexceed amount of $600,000 for a term of three years ending October 1, 2027, with an option to allow the City Manager to extend up to two additional years (Attachment 11); and
6. Authorize the Mayor to execute and the City Clerk to attest the proposed agreements subject to approval by the City Attorney
Executive Summary:
The City of Hermosa Beach employs third-party experts to assist in the specialized field of transportation planning and traffic engineering services. Following a competitive selection process, staff recommends City Council award on-call transportation planning and traffic engineering services agreements to Hartzog & Crabill, Inc., Michael Baker
City of Hermosa Beach | Page 2 of 8
International, Inc., Fehr & Peers Associates, Inc., CR Associates, Inc., and General Technologies and Solutions (GTS) LLC, each at a not-to-exceed amount of $600,000 and a term of three years ending October 1, 2027. Staff also recommends authorizing the City Manager to extend the term of each agreement up to two additional years, if needed.
Background:
The Public Works Department relies heavily on the assistance of third-party professional experts who specialize in transportation planning and traffic engineer services for City projects, City services, and review of private developments and commercial projects. To fulfill the traffic engineering needs of the City of Hermosa Beach, the City has a longstanding practice of hiring contract traffic engineering services with qualified consulting firms to provide these services on a part-time, as-needed basis in lieu of hiring fulltime staff to serve as the City Traffic Engineer.
In previous contracts the scope of traffic engineering services was focused primarily on responding to, and evaluating, traffic concerns and requests for traffic control devices from the community and as directed by staff. Over the years, service needs expanded to meet the growing needs of the community and the City. The City continues to receive more transportation- and traffic-related requests every year and covers a broad field of issues. On average, the City receives 110 requests per year with each request varying in complexity with most requiring detailed engineering assessment to evaluate and develop appropriate recommendations.
In recent years, the services of the City’s contract transportation planning and traffic engineering consultants were also utilized by the Community Development Department, Community Resources Department, the City Manager’s Office, and Police Department.
Some of the specialized services utilized by the City include:
Traffic and transportation modeling;
Traffic counts and speed surveys;
Review, development of, and inspection of special event traffic control; Review and implementation of new state traffic and vehicle laws; Review of traffic impact assessments for proposed development projects; Traffic signal timing, coordination, and electrical equipment recommendations; Peer review services of transportation design components for Capital Improvement Program (CIP) projects for City projects;
Peer review services of transportation design components for projects led by other agencies (i.e., Caltrans, neighboring cities, etc.);
Coordination with partner agencies and municipalities; Parking evaluation; and
Development of new transportation and mobility guidelines.
City of Hermosa Beach | Page 3 of 8
Due to the highly specialized nature of this work, many of these services generally cannot be provided by the City’s on-call civil engineering firms, which are already heavily utilized for the design of the civil engineering aspects of other City projects and may not provide all the services necessary.
A team from Public Works collaborated on the development of a Request for Qualifications (RFQ) to meet the needs of the City and the community. The RFQ approach, which includes a formal competitive advertisement process, provides the City with a list of pre-qualified professionals to provide highly specialized services for the coming five years without the need to go out for RFQ each time those services are needed. The RFQ approach improves efficiency and expedites commencement of work and project delivery.
The previous on-call agreements for transportation planning and traffic engineering services were awarded by Council at its August 27, 2019 meeting and are set to expire on October 1, 2024.
Past Council Actions
Meeting Date Description
August 27, 2019 City Council awarded several on-call transportation planning and traffic engineering services agreements.
Analysis:
On August 13, 2024, the City issued RFQ 24–002 (Attachment 1) inviting experienced and highly qualified firms to submit qualifications for transportation planning and traffic engineering services through a competitive process. The RFQ was advertised on the City’s online bidding platform, PlanetBids. On August 30, 2024, a total of 8 statements of qualifications (SOQs) were received in response to the RFQ.
To address the expertise and experience needed to assist the City with transportation planning and traffic engineering needs as they arise, staff required each firm to assemble a team capable of performing these specialized services, along with the following scope of work.
Development of conceptual plans and alternatives for corridor revitalization projects, neighborhood traffic management, bikeway improvements, and other long-term capital improvements.
Develop final design plans, specifications, and cost estimates for transportation related projects and assist the City during construction as required. Preparation of studies, recommendations, and regulatory changes to assist in the expansion of transportation choices.
City of Hermosa Beach | Page 4 of 8
Preparation of studies, recommendation, and regulatory changes to provide for the effective management of the City’s parking resources and implementation of parking programs.
Development and implementation of transportation education, engagement, and other awareness initiatives (i.e. Safe Routes to School, Bike Safety, Distracted Driving, etc.).
Review of private development projects and prepare or peer review traffic and/or parking studies for California Environmental Quality Act documents. Establish a pro-active approach to identifying, evaluating, and resolving transportation related issues and assist in achieving the mobility and transportation goals identified by the City's recently updated General Plan. Lead the development of traffic engineering studies and reports covering speed, safety, sight distance, parking, and other issues in response to staff, commission, Council, or citizen-initiated requests.
Represent the City at public meetings including community meetings, regional organization meetings, and meetings of the Public Works Commission or City Council.
Collect and prepare traffic safety, volume, speed, and other required data/reports for City traffic engineering, transportation planning, or mobility needs. Prepare and/or review plans for the implementation or modification of traffic control devices, traffic signals, crosswalks, parking regulations, and review traffic control/transportation plans for construction projects and special events as needed.
Provide field inspection of traffic control during both normal works hours and outside normal work hours.
Assist staff in evaluating transportation-related requests from the community or other stakeholders.
Other related tasks as necessary in support of the City.
The proposing firms are listed below in alphabetical order:
CR Associates, Inc.
Fehr & Peers Associates, Inc.
GTS LLC
Hartzog & Crabill, Inc.
Interwest
Iteris, Inc.
Michael Baker International, Inc.
Transtech Engineers, Inc.
The proposals were independently evaluated in detail by a staff review panel and scored based on the following weighted criteria.