Agenda packet — Lakewood City Council, February 28, 2023

AGENDA

REGULAR CITY COUNCIL MEETING

COUNCIL CHAMBERS
5000 CLARK AVENUE

LAKEWOOD, CALIFORNIA
February 28, 2023, 7:30 p.m.

CALL TO ORDER
INVOCATION: Reverend Tamara John, Christ Presbyterian Church Lakewood PLEDGE OF ALLEGIANCE: Girl Scout Troop 70133
ROLL CALL: Mayor Steve Croft
Vice Mayor Ariel Pe
Council Member Cassandra Chase
Council Member Todd Rogers
Council Member Jeff Wood
ANNOUNCEMENTS AND PRESENTATIONS:

ROUTINE ITEMS:

All items listed within this section of the agenda are considered to be routine and will be enacted by one motion without separate discussion. Any Member of Council may request an item be removed for individual discussion or further explanation. All items removed shall be considered immediately following action on the remaining items.

RI-1 MEETING MINUTES - Staff recommends City Council approve Minutes of the Meetings held February 14, 2023
RI-2 PERSONNEL TRANSACTIONS - Staff recommends City Council approve report of personnel transactions.

RI-3 REGISTERS OF DEMANDS - Staff recommends City Council approve registers of demands.

RI-4 INSTALLATION OF A DISABLED PERSON DESIGNATED PARKING SPACE AT 5954 CAMERINO STREET; RESOLUTION NO. 2023-6; INSTALLATION OF A DISABLED PERSON DESIGNATED PARKING SPACE AT 5535 GONDAR AVENUE, RESOLUTION NO. 2023-7; AND REMOVAL OF DISABLED PERSON DESIGNATED PARKING SPACES AT 5812 CARDALE STREET, 2712 YEARLING STREET, AND 6122 OLIVA AVENUE, RESOLUTION NO. 2023-8 - Community Safety Commission recommends the City Council adopt proposed resolutions.

RI-5 FINDING AND DETERMINING THAT THERE IS A NEED TO CONTINUE TAKING

EMERGENCY ACTION REGARDING THE NEED TO MAKE REPAIRS TO THE BOLIVAR PARK STORMWATER CAPTURE BUILDING AND EQUIPMENT; RESOLUTION NO. 2023-9 - Staff recommends City Council adopt proposed resolution.

RI-6 AMENDMENT 3 - BAKERSFIELD WELL & PUMP AGREEMENT REVISION - Staff recommends the City Council amend the Professional Services Agreement to a total amount not to exceed $235,000 for FY 2022-2023 with Bakersfield Well & Pump Co. of Bakersfield, CA for On-Call Services for Well and Booster Pump Maintenance and authorize the Mayor to sign the agreement in a form approved by the City Attorney.

City Council Agenda
February 28, 2023

Page 2 ends

In compliance with the Americans with Disabilities Act, if you are a qualified individual with a disability and need an accommodation to participate in the City Council meeting, please contact the City Clerk’s Office, 5050 Clark Avenue, Lakewood, CA, at 562/866-9771, ext. 2200; or at [email protected] at least 48 hours in advance to ensure that reasonable arrangements can be made to provide accessibility to the meeting.

Agenda items are on file in the Office of the City Clerk, 5050 Clark Avenue, Lakewood, and are available for public review during regular business hours. Any supplemental material distributed after the posting of the agenda will be made available for public inspection during normal business hours in the City Clerk’s Office. For your convenience, the agenda and the supporting documents are available in an alternate format by request and are also posted on the City’s website at www.lakewoodcity.org ROUTINE ITEMS: - Continued
RI-7 APPROVAL OF AGREEMENT FOR ARCGIS SOLUTIONS CONSULTING SUPPORT FOR LEAD SERVICE LINE INVENTORY - Staff recommends the City Council approve a Professional Services Agreement with Environmental Systems Research Institute, Inc. for a not-to-exceed amount of $18,958 to perform ArcGIS Solutions Consulting Support for Lead Service Line Inventory and appropriate $18,958 of Water Reserve Funds and authorize the Mayor to execute agreement on behalf of the City.

RI-8 APPROVAL OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR WATER MAIN REPLACEMENT PROJECTS - Staff recommends the City Council approve a Professional Services Agreement with Tetra Tech Inc. for a not-to-exceed amount of $19,600 to Provide Professional Engineering Services for Multiple-Year Water Main Replacement Projects and appropriate $19,600 of Water Reserve Funds and authorize the Mayor to execute agreement on behalf of the City.

RI-9 AGREEMENT FOR 2023 CIVIC CENTER BLOCK PARTY ATTRACTIONS AND GAMES - Staff recommends the City Council authorize the Mayor to execute the Agreement for the 2023 Civic Center Block Party attractions and games with Elite Special Events subject to approval as to legal form by the City Attorney.

RI-10 APPROVAL OF CONTRACT FOR 2023 CIVIC CENTER BLOCK PARTY FIREWORKS DISPLAY - Staff recommends the City Council approve the public fireworks display to be offered as a component of the Civic Center Block Party at Lakewood Center on Saturday, June 24, 2023, and authorize the City Manager to sign the contract with Fireworks & Stage FX America, LLC for the contracted services. Contract price not to exceed $18,000.

REPORTS:

3.1 RESOLUTION NO. 2023-10; PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY CAUSED BY THE NOVEL CORONAVIRUS (COVID-19) - Staff recommends the City Council adopt proposed resolution.

3.2 RESOLUTION NO. 2023-11; AMENDING THE RATE FOR BIN AND SPECIAL REFUSE SERVICES - Staff recommends the City Council adopt proposed resolution.

3.3 ADOPTION OF 2023 LEGISLATIVE PLATFORM – Staff recommends the City Council adopt the Legislative Platform for 2023.

AGENDA

LAKEWOOD HOUSING SUCCESSOR AGENCY

1. REGISTER OF DEMANDS - Staff recommends Housing Successor Agency approve registers of demands.

ORAL COMMUNICATIONS:

ADJOURNMENT

RI-1
Routine Item 1 – City Council Minutes
will be available prior to the meeting.

CITY OF LAKEWOOD

SUMMARY CHECK REGISTER
CHECK
AMOUNT
CHECK

DATE VENDOR NAME
317.32
744.24
640.00
7,085.85
150.00
8,899.20
363.75
740.24

41.02 1,927.00
545.50
858.75
1,200.00
10,787.50
4,846.53
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023

AT&TCORP

AGRI-TURF DISTRIBUTING
M.B. OLIVER. INC.

AIRE RITE A/C & REFRIGERATION INC
ALBANO'S PLUMBING. INC.

ALL CITY MANAGEMENT SERVICES. INC.

ALL STAR GLASS
MNRO HOLDINGS. LLC

ALLIED REFRIGERATION INC
ALS GROUP USA. CORP.

AMAZON CAPITAL SERVICES. INC.

AMERICAN PUBLIC WORKS ASSN
ARDURRA GROUP. INC.

ASSOCIATED SOILS ENGINEERING INC
ROSS AVIATION INVESTMENT. LLC

AUTOZONE PARTS INC

B&K ELECTRIC WHOLESALE

B&M LAWN AND GARDEN INC
B.R. BREWER SIGN & GRAPHICS
TWO SHELLS ENTERPRISES INC.

CSMFO
CSMFO

CALIFORNIA STATE DEPT OF JUSTICE

CINTAS CORPORATION

CITY LIGHT & POWER LKWD INC

CLEANCOR HOLDINGS LLC DBA CLEANCOR LNG L

CAMERON WELDING SUPPLY
BRAGG INVESTMENT COMPANY. INC.

DAHLIN GROUP. INC.

DELL SERVICE SALES

DICKSON RFCOINC

EDCO WASTE SERVICES LLC

EEC ACOUISITION LLC

EMPLOYMENT DEVELOPMENT DEPT
FILE KEEPERS. LLC
FRONTIER CALIFORNIA INC.

GALLS PARENT HOLDINGS. LLC

GANAHL LUMBER COMPANY

GLASBY MAINTENANCE SUPPLY CO

GRAINGER W W INC

HACH COMPANY

HARA M LAWNMOWER CENTER

14.32 388.38

52.14 3,366.50
160.00
175.00
250.00
128.00
153.95
335.76
345.15
465.00
243.69
333.23
233,867.28
8,066.27
50,858.72
508,055.08
11,034.45
833.78
7,490.00

91.60 2,230.35

38.76 88.10
190.61

48.34 769.48
738.90

Page 1 of 3 ends

CITY OF LAKEWOOD

SUMMARY CHECK REGISTER
CHECK
DATE
CHECK

VENDOR NAME AMOUNT
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023
02/16/2023

HINDERLITER DE LLAMAS & ASSOC
HODGE PRODUCTS INC.

HOME DEPOT

INFOSEND INC

JHM SUPPLY INC
JONES RICHARD D. APROFLAWCORP

KIDSGUIDE INC

LAKEWOOD CHAMBER OF COMMERCE
LAKEWOOD. CITY WATER DEPT

LIFTECH ELEVATOR SERVICES INC

LONG BEACH CITY GAS & WATER DEPT
LONG BEACH. CITY OF
LOPEZ. ADRIANA

LOS ANGELES CO ASSESSOR

LOS ANGELES CO DIST ATTORNEY

LOS ANGELES CO SHERIFFS DEPT

LA COUNTY DEPT OF PUBLIC WORKS

R AND I HOLDING INC

MILLER DON & SONS
MURRAY. KAREN L.

NETWORK INNOVATION ASSOCIATES INC

O'REILLY AUTOMOTIVE STORES INC

OCEAN BLUE ENVIRONMENTAL SERVICES
ODP BUSINESS SOLUTIONS. LLC

PATHWAYS VOLUNTEER HOSPICE

PLAYPOWER LT FARMINGTON INC

LONG BEACH PUBLISHING CO

ORDWAY CORPORATION
PUN GROUP. THE LLP
MARTINEZ-RADZIUK. SONYA

BARRY SANDLER ENTERPRISES

SOUTHERN COUNTIES OIL CO

STEARNS CONRAD & SCHMIDT CONSLT ENG

SIERRA INSTALLATIONS INC

EPICENT LLC

SOUTHERN CALIFORNIA EDISON CO

SOUTHERN CALIFORNIA GAS CO

SOUTHERN COUNTIES LUBRICANTS
SOUTHWEST PATROL INC.

SPICERS PAPER INC
STANDARD INSURANCE CO UNIT 22

SU CASA ENDING DOMESTIC VIOLENCE

SULLY MILLER

TGIS CATERING SVCS INC
32,110.51
278.59
2,437.09
5,049.12
538.70
17,252.50
495.00
1,833.33
443.58
426.00
128.18
267.26
7,845.00

6.00 24,674.58
990,012.37
4,584.35
421.98

18.50 945.00
3,060.00
2,075.61
7,538.03
172.95
708.33
2,504.42
176.72
380.00
17,650.00

42.25 226.24
3,111.55
5,375.00
15,180.00
2,400.00
89,614.65
23,538.24
1,286.56
15,744.00
820.10
10,020.45
416.67
513.06
633.00

Page 2 of 3 ends

CITY OF LAKEWOOD

SUMMARY CHECK REGISTER
CHECK
DATE
CHECK

US BANK

UNDERGROUND SERVICE ALERT

CELLCO PARTNERSHIP

WALTERS WHOLESALE ELECTRIC CO

WATERLINE TECHNOLOGIES INC

WAXIE ENTERPRISES INC
WEST COAST SAND AND GRAVEL. INC.

COMPREHENSIVE PRINT GROUP LLC

WHITE HOUSE FLORIST INC

WILD RIVERS WATERPARK IRVINE SPE LLC

WILLDAN ASSOCIATES

WORTHINGTON FORD
WYNN. LAKYN
AGUILAR. SAMANTHA
ALEJANDREZ. VIRGINIA
BARUA. RUMPA
GUNDY. TERRI VAN
HAAS. MIKAELA
KNOX. MALISA
NEAL. ANTOINETTE
PALOMARES. ALFONSO
SHEPHERD. GEORGIA
SMITH. STEPHANIE

VERBUM DEI HIGH SCHOOL

CAL BOWL ENTERPRISES LLC
NOBLE R.J. COMPANY
146.00

0.72 524.50
598.62

58.03 2,990.79
2,265.64
1,657.01
633.94
2,000.00
870.00
58,519.78
166.88

78.00 240.00
100.00
515.08

12.93 72.00
100.00
250.00
100.00
250.00
250.00
250.00
250.00
547.40
728,807.54
Total: 2,965,170.07

Page 3 of 3 ends

RESOLUTION NO. 2023-6

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD ESTABLISHING DISABLED PERSON

DESIGNATED PARKING ON THE SOUTH SIDE OF

CAMERINO STREET WITHIN THE CITY OF LAKEWOOD
THE CITY COUNCIL OF THE CITY OF LAKEWOOD DOES RESOLVE AS FOLLOWS:

SECTION 1. This Resolution is enacted pursuant to Section 21458 and 22507 of the Vehicle Code of the State of California, and Section 3250.2 of the Lakewood Municipal Code.

SECTION 2. Disabled person designated parking is hereby established on the south side of Camerino Street, beginning one hundred (100) feet northwest of the west curb line of the alley to the east of the residence, continuing northwest for a distance of twenty (20) feet within the City of Lakewood. No vehicle shall stop, stand or park in said parking restriction unless displaying a special identification license plate or placard issued by the Department of Motor Vehicles pursuant to Section 22511.55 of the California Vehicle Code.

SECTION 3. This resolution shall be effective as long as said restriction is painted and posted in accordance with the requirements of Vehicle Code Section 22511.7 of the California Vehicle Code. In addition, this resolution shall be in effect only as long as Martha Moorman or Jennifer Muzquiz, physically disabled persons, occupy the house at 5954 Camerino Street.

SECTION 4. This resolution has been adopted pursuant to a Community Safety Commission recommendation.

ADOPTED AND APPROVED this 28th day of February, 2023.
______________________________
Mayor
ATTEST:
___________________________________
City Clerk

RESOLUTION NO. 2023-7

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD ESTABLISHING DISABLED PERSON

DESIGNATED PARKING ON THE WEST SIDE OF GONDAR

AVENUE WITHIN THE CITY OF LAKEWOOD
THE CITY COUNCIL OF THE CITY OF LAKEWOOD DOES RESOLVE AS FOLLOWS:

SECTION 1. This Resolution is enacted pursuant to Section 21458 and 22507 of the Vehicle Code of the State of California, and Section 3250.2 of the Lakewood Municipal Code.

SECTION 2. Disabled person designated parking is hereby established on the west side of Gondar Avenue, beginning one hundred five (105) feet south of the south curb line of Wolfe Street, continuing south for a distance of twenty (20) feet within the City of Lakewood. No vehicle shall stop, stand or park in said parking restriction unless displaying a special identification license plate or placard issued by the Department of Motor Vehicles pursuant to Section 22511.55 of the California Vehicle Code.

SECTION 3. This resolution shall be effective as long as said restriction is painted and posted in accordance with the requirements of Vehicle Code Section 22511.7 of the California Vehicle Code. In addition, this resolution shall be in effect only as long as Rod Cross or Sandra Cross, physically disabled persons, occupy the house at 5535 Gondar Avenue.

SECTION 4. This resolution has been adopted pursuant to a Community Safety Commission recommendation.

ADOPTED AND APPROVED this 28th day of February, 2023.
______________________________
Mayor
ATTEST:
___________________________________
City Clerk

RESOLUTION NO. 2023-8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD RESCINDING RESOLUTIONS ESTABLISHING

A PHYSICALLY HANDICAPPED PERSONS DESIGNATED

PARKING SPACE WITHIN THE CITY OF LAKEWOOD
THE CITY COUNCIL OF THE CITY OF LAKEWOOD DOES RESOLVE AS FOLLOWS:

SECTION 1. Resolution No. 2021-53 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD ESTABLISHING DISABLED PERSON

DESIGNATED PARKING SPACE ON THE SOUTH SIDE OF

CARDALE STREET WITHIN THE CITY OF LAKEWOOD
is hereby rescinded.

SECTION 2. Resolution No. 2010-13 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD ESTABLISHING A PHYSICALLY

HANDICAPPED PERSONS DESIGNATED PARKING SPACE

ON THE SOUTH SIDE OF YEARLING STREET WITHIN THE

CITY OF LAKEWOOD
is hereby rescinded.

SECTION 3. Resolution No. 2003-18 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD ESTABLISHING A PHYSICALLY

HANDICAPPED PERSONS DESIGNATED PARKING SPACE

ON THE EAST SIDE OF OLIVA AVENUE WITHIN THE CITY

OF LAKEWOOD
is hereby rescinded.

SECTION 5. This resolution has been adopted pursuant to a Community Safety Commission recommendation.

Resolution No. 2023-8

Page 2 ends

ADOPTED AND APPROVED this 28th day of February, 2023.
______________________________
Mayor
ATTEST:
___________________________________
City Clerk

RESOLUTION NO. 2023-9

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD FINDING AND DETERMINING THAT THERE

IS A NEED TO CONTINUE TAKING EMERGENCY ACTION

REGARDING THE NEED TO MAKE REPAIRS TO THE

BOLIVAR PARK STORMWATER CAPTURE BUILDING AND

EQUIPMENT
WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 2022-70, finding and determining that it was necessary to take emergency action due to the fact that the Bolivar Park Stormwater Capture Building and Equipment were damaged as a result of a traffic collision; and
WHEREAS, the City has not completed the actions authorized by Resolution No. 2022-70;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD HEREBY RESOLVES AS FOLLOWS:

SECTION 1. Based on the evidence contained in the staff report submitted herewith, the City Council finds and determines that there is a need to continue the action authorized by Resolution No. 2022-70.

SECTION 2. The City Manager and his designees are hereby directed and authorized to implement the actions taken by the City Council to address this emergency.

SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Resolution, or any part hereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Resolution. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase in this Resolution irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution.

ADOPTED AND APPROVED THIS 24TH DAY OF JANUARY, 2023.
___________________________________
Mayor
ATTEST:
_______________________________
City Clerk

THIRD AMENDMENT TO AGREEMENT

FOR ON-CALL SERVICES FOR WELL AND BOOSTER PUMP MAINTENANCE THIS THIRD AMENDMENT, to Agreement is made and entered into on February 28, 2023, by and between the CITY OF LAKEWOOD, a municipal corporation, sometimes hereinafter referred to as CITY, and BAKERSFIELD WELL & PUMP CO., sometimes hereinafter referred to as SERVICE PROVIDER.

W I T N E S S E T H:

WHEREAS, on July 28, 2020, the CITY and SERVICE PROVIDER entered into an Agreement entitled “PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL SERVICES FOR WELL AND BOOSTER PUMP MAINTENANCE”; and
WHEREAS, the CITY and SERVICE PROVIDER anticipate additional costs related to the on-call services for well and booster pump maintenance; NOW, THEREFORE, it is hereby agreed by and between the parties that:

COMPENSATION FOR SERVICES. CITY agrees to pay to SERVICE PROVIDER a sum not to exceed $235,000.00 for FY 2023.

All of the terms and conditions of the AGREEMENT not modified by this Third Amendment shall remain in full force and effect.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF LAKEWOOD
______________________________
Mayor

SERVICE PROVIDER
______________________________
Bakersfield Well & Pump Co.

Assigned to the Director of Water Resources

1 CITY OF LAKEWOOD

PROFESSIONAL SERVICES AGREEMENT
WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.

This Professional Services Agreement (“Agreement”) is made and effective as of February 28, 2023 (the “Effective Date”), by and between the City of Lakewood, a California municipal corporation, (the “City”) and Environmental Systems Research Institute, a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until June 30, 2023, and may be renewed by City with the concurrence of Contractor for any successive one or two-year term, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the services described and set forth in Consultant’s Proposal attached hereto as Exhibit A (“Services”), incorporated herein as though set forth in full.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement.

4. CITY MANAGEMENT
The City Manager or designee shall represent the City in all matters pertaining to the administration of this Agreement.

5. PAYMENT
A. The City agrees to pay Consultant for Services satisfactorily performed in accordance with the fees set forth in Exhibit A, in an amount not to exceed $18,958.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or designee. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to in 2 C. writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.

D. Consultant will submit invoices monthly for actual Services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Consultant's Services or fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefor.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by giving at least thirty (30) days prior written notice to Contractor. Upon receipt of said notice, Consultant shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Consultant the actual value of the Services performed up to the time of termination, unless the City disputes any of the Services performed or fees. Upon termination of the Agreement pursuant to this section, Consultant will submit an invoice to the City pursuant to Section 5.

7. DEFAULT OF CONSULTANT
If the City determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Consultant a written notice of the default. Consultant shall have seven (7) days after service of said notice to cure the default. In the event that Consultant fails to cure the default within such period of time or fails to present the City with a written plan for the diligent cure of default if such default cannot be cured within seven days, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. The City shall also have the right to offset against the amount of any fees due to Consultant any costs incurred by the City as a result of Consultant’s default.

8. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to tasks, costs, expenses, receipts, and other such information required by the City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with 3 generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts or copies therefrom as necessary; and shall allow inspection of all Services, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to the City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the Services under this Agreement.

9. INDEMNIFICATION AND DEFENSE
A. Indemnity.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City and any and all of its officials, officers, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, caused in whole or in part by the acts, errors, or omissions of Consultant, its officers, agents, employees, subcontractors, or subConsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of Services under this Agreement.

B. Duty to Defend.

In the event the City, its officials, officers, employees, agents, and/or volunteers are made a party to any claim, action, lawsuit, or other adversarial proceeding (“Action”) arising from the performance of the Services under this Agreement, whether or not Consultant is named in such Action, and upon demand by the City, Consultant shall defend the City at Consultant’s sole cost, or at the City’s option, to reimburse the City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense.
4 C. Payment by the City for Services is not a condition precedent to enforcement of this section. Consultant’s duty to defend, indemnify, and hold harmless the City shall not extend to the City’s sole or active negligence. In the event of any dispute between Consultant and the City as to whether liability arises from the sole or active negligence of the City or its officials, officers, employees, agents, and/or volunteers, Consultant will be obligated to pay for the City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including, but not limited to, attorney’s fees, expert fees and costs of litigation.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached hereto and made a part of this Agreement.

11. INDEPENDENT CONSULTANT
A. Consultant is and shall at all times remain as to the City a wholly independent Consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, agents, subcontractors, or subConsultants, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, agents, subcontractors, or subConsultants are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent Consultant relationship created by this Agreement. Consultant further agrees to indemnify and hold the City harmless from any failure of Consultant to comply 5 with the applicable worker’s compensation laws. The City shall have the right to offset against the amount of any fees due to Consultant under this Agreement as a result of Consultant’s failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.

C. In the event that Consultant or any employee, agent, subcontractor, or subConsultant of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subcontractors, or subConsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

D. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, subcontractors, and subConsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the City, including but not limited to eligibility to enroll in PERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

12. LEGAL RESPONSIBILITIES
Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of Services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws and regulations. The City and its officials, officers, employees, and agents, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with this Agreement or any Services to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 6 14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, for Services to be performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, subcontractors, or subConsultants, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, subcontractors, and/or subConsultants be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law.

Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mail by the United States Postal Service, certified mail, postage prepaid, return 7 receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To the City: City of Lakewood
5050 Clark Avenue
Lakewood, CA 90712
Attention: Director of Water Resources
To Consultant: Environmental Systems Research Institute, Inc 380 New York St.

Redlands, CA 92373-8100
Attention: Christopher Helm

17. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Before retaining or contracting with any subcontractor or subConsultant for any services under this Agreement, Consultant shall provide the City with the identity of the proposed subcontractor or subConsultant, a copy of the proposed written contract between Consultant and such subcontractor or subConsultant which shall include and indemnity provision similar to the one provided herein and identifying the City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subcontractor or subConsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

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

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of 8 this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

21. AMENDMENTS
Any amendments to this Agreement must be in writing and executed by the parties hereto, or their respective successors and assigns, in order to be valid.

22. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

23. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

24. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

25. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
9 26. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

27. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this Agreement on behalf of the parties warrant and represent that they have the authority to execute this Agreement on behalf of said parties and have the authority to bind the parties to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
[If Consultant is a corporation, two signatures are required: Signature 1 – the Chairperson of the Board, the President, or any Vice President; Signature 2 – the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer (Corp. Code § 313).]

CITY OF LAKEWOOD CONSULTANT
____________________________ ____________________________ Mayor
ATTEST: CONSULTANT
______________________ _________________________
City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
Attachments: Exhibit A Consultant’s Proposal
Exhibit B Insurance Requirements
10 EXHIBIT A
CONSULTANT’S PROPOSAL
11 12
13 14
15 16
17 18
19 20

EXHIBIT B

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If the Consultant maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.
21 Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, or Consultant’s agents, representatives, employees, subcontractors, or subConsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors or subConsultants. 22 Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subcontractors or subConsultants, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with Consultants, subcontractors, subConsultants, and others engaged in the Services will be submitted to the City review.

The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, the City and Consultant may 23 renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

1 CITY OF LAKEWOOD

PROFESSIONAL SERVICES AGREEMENT
WITH TETRA TECH, INC.

This Professional Services Agreement (“Agreement”) is made and effective as of February 28, 2023 (the “Effective Date”), by and between the City of Lakewood, a California municipal corporation, (the “City”) and Tetra Tech, Inc., a California corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

2. SERVICES
Consultant shall perform the services described and set forth in Consultant’s Proposal attached hereto as Exhibit A (“Services”), incorporated herein as though set forth in full.

4. CITY MANAGEMENT
The City Manager or designee shall represent the City in all matters pertaining to the administration of this Agreement.

5. PAYMENT
A. The City agrees to pay Consultant for Services satisfactorily performed in accordance with the fees set forth in Exhibit A, in an amount not to exceed $19,600.

9. INDEMNIFICATION AND DEFENSE
A. Indemnity.

B. Duty to Defend.

To the City: City of Lakewood
5050 Clark Avenue
Lakewood, CA 90712
Attention: Director of Water Resources
To Consultant: Tetra Tech, Inc.
17885 Von Karman Avenue, Suite 500
Irvine, CA 92614-5227
Attention: Tom Epperson, PE

21. AMENDMENTS
Any amendments to this Agreement must be in writing and executed by the parties hereto, or their respective successors and assigns, in order to be valid.

EXHIBIT B

Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.
15 Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors or subConsultants. 16 Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, the City and Consultant may 17 renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.

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CITY OF LAKEWOOD

AGREEMENT FOR
2023 CIVIC CENTER BLOCK PARTY ATTRACTIONS AND GAMES
This Agreement made and entered into this 28th day of February 2023, by and between CITY OF LAKEWOOD, a municipal corporation (“City”), and ELITE SPECIAL EVENTS, a corporation (“Contractor”).

W I T N E S S E T H
WHEREAS, City has approved and scheduled the Civic Center Block Party; and WHEREAS, City desires to provide family entertainment and amusements as part of the Civic Center Block Party; and
WHEREAS, Contractor represents that it has the equipment, supplies and technical personnel to provide said family entertainment and amusements; and WHEREAS, Contractor is desirous of providing said family entertainment and amusements; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and Agreements of each of the parties as hereinafter set forth, the parties hereto do mutually agree as follows:

1. SCOPE OF SERVICES. Contractor agrees to provide at its own cost and expense:

A. Family entertainment and amusements as listed in Exhibit A with the understanding that Contractor may at its request substitute amusements not listed, provided City approval in writing is received for said substitution.

B. All necessary personnel, equipment and supplies for this Agreement event including, but not limited to two (2) management staff, set-up crew, various entertainment attractions, generators, and cleanup crew.

C. Appropriate and clean uniforms for all Contractor’s employees.

2. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services in meeting its obligations under this Agreement.

Generally, accepted standards shall include, but are not limited to, American Society for Testing and Materials (ASTM) F2374-10, Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices

3. TIME OF PERFORMANCE. Contractor agrees to provide said family entertainment and amusements to the public on Saturday, June 24, 2023 from 4:00 p.m. – 9:00 p.m. Contractor is to have attractions set-up and ready for inspection by 3 p.m. on Saturday, June 24, 2023.

Contractor agrees to stop ticket sales at 8:00 p.m.

City reserves the right to change the time, place and manner of said event in any respect at

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any time prior to thirty (30) days before June 24, 2023.

4. SET-UP/BREAKDOWN TIME. City agrees to allow Contractor a period of six hours prior to the event for set-up. City agrees to allow Contractor a period of one and a half hours for breakdown at the conclusion of the event.

5. COMPENSATION FOR SERVICES. As compensation for being allowed to operate said family entertainment and amusements, Contractor shall give the City of Lakewood 20% of all proceeds from event and City shall incur no out of pocket expenses.

6. SUSPENSION OR TERMINATION OF AGREEMENTWITHOUT CAUSE. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Contractor at least thirty (30) days prior written notice or should it be event date. Contractor agrees to abide by all regulations set forth by the Los Angeles County Department of Public Health to prevent the spread of COVID-19.

7. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner or capacity officers, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

8. NON-DISCRIMINATION IN EMPLOYMENT PRACTICES. Contractor shall not discriminate in the employment of persons in connection with the performance of services as provided for in this Agreement on the basis of race, color, creed, national origin, sex, ancestry, religion, age or handicaps.

9. LIABILITIES AND INDEMNIFICATION. Contractor shall indemnify, defend, and hold harmless City, and its officers employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorneys’ fees and costs of litigation (“claims”), arising from Contractor’s activities in the performance of the services under this Agreement, excepting only those actions, claims, liabilities, obligations, judgments, or damages arising out of the sole negligence of City indemnitees. In the event City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding alleging negligent or wrongful conduct on the part of Contractor:

A. Contractor shall provide a defense to City indemnitees or at City’s option reimburse City indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims; and

Page 3 of 9 ends

B. Contractor shall promptly pay any final judgment or portion thereof rendered against City indemnitees.

10. INSURANCE. Prior to the beginning of and throughout the duration of the placement of any inflatable devices or other equipment, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor in excess of the minimum limits and coverage set forth in this Agreement and which is applicable to a given loss or claim shall be deemed by this Agreement to be applicable to City.

Contractor shall provide the following types and amounts of insurance:

A. General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

B. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person and an endorsement from their carrier for business use.

C. Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

11. ADDITIONAL INSURANCE PROVISIONS AND REQUIREMENTS
A. Proof of insurance. Contractor shall provide certificates of insurance to City as

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evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

B. Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or sub consultants.

C. Primary/Noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

D. City’s Non-compliance. City’s non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.

E. Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.\
F. Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

G. Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

H. Prohibition of undisclosed coverage limitations. None of the coverages required

Page 5 of 9 ends

herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

I. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

J. Pass through clause. Contractor agrees to ensure that its sub consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

K. City’s right to revise specifications. City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor’s compensation.

L. Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments.

In the alternative, City may cancel this Agreement.

M. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City’s Risk Manager.

N. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

Page 6 of 9 ends

O. Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.

P. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Q. Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

R. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

12. SUBCONTRACTING. Contractor shall not assign the performance of this Agreement, nor any part thereof, without prior written consent of City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Contractor shall perform the services described in this Agreement.

13. GENERAL RESPONSIBILITIES. Contractor agrees that the development, presentation and maintenance of the Civic Center Block Party family entertainment and amusements shall be its sole responsibility. It is further agreed and understood, however, that the time, place and manner of said presentation, any fees or charges for said presentation, and the overall format of said presentation shall be subject to the approval of City, and City reserves the right to terminate said presentation at any time, or to change the time, place and manner of said presentation in any respect at any time, without further notice in the reasonable discretion of the responsible City officer serving as representative of City when that officer has determined such termination is necessary for the public health, safety, convenience or welfare.

14. UNDUE INFLUENCE. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

15. ASSUMPTION OF RISK. Contractor does hereby assume all risk to itself, its personnel,

Page 7 of 9 ends

subcontractors, and agents and employees thereof, of personal injury or death, and all risk of property damage or loss to any property, wares, or materials of the foregoing from whatever source, and said Contractor further releases City, City Council, and all officers and employees thereof, from any liability therefor, or for contribution as a joint tort feasor therefor.

16. WASTE. Contractor shall not utilize any of the grounds, buildings or premises of City so as to commit waste, and where damaged by it shall restore the same to the same condition it was in prior to the commencement of this Agreement, reasonable wear and tear excepted.

17. LEGAL RESPONSIBILITIES. Contractor shall keep itself informed of State and Federal laws and regulations, which in any manner affect those employed by it or in any way, affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section.

18. LAWS, ORDINANCE, LICENSES AND PERMITS. Contractor shall comply with all applicable laws, ordinances and codes of the State, County, and City and Contractor shall obtain, at Contractor's cost, all necessary licenses, permits and approvals for said attractions.

Contractor is exempt from obtaining a City business license for the Fest-of-All Community Special Event. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW. City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over City.

20. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

22. NOTICES. Any written notice to the parties hereto shall be deposited in the United States

Page 8 of 9 ends

mail, postage prepaid, addressed as follows:

City Director of Recreation and Community Services
City of Lakewood
5050 Clark Avenue
Lakewood, California 90712
Contractor Ted Holcomb
Elite Special Events
11278 Los Alamitos Blvd. #101
Los Alamitos, CA 90720
(562) 799-7737
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first above written.

CITY OF LAKEWOOD
By________________________________________
Mayor
ATTEST:

By________________________________________
City Clerk
APPROVED AS TO FORM: CONTRACTOR
By________________________________________
City Attorney Title

EXHIBIT A

AMUSEMENTS AND GAMES TO BE PROVIDED
FOR LAKEWOOD’S CIVIC CENTER BLOCK PARTY
Under the terms of this Agreement, Contractor’s services will be retained by City. This Agreement is authorization for the Contractor to place inflatable amusement devices at specified locations in, on or about City owned park or other facility authorized for use by City.

Page 9 of 9 ends

LIST OF AMUSEMENTS AND GAMES FOR LAKEWOOD’S CIVIC CENTER BLOCK PARTY
1 Two (2) Inflatable Rock Walls
2 Two (2) Inflatable Slides
3 One (1) Obstacle Course
4 Three (3) Bouncers
5 One (1) Mechanical Bull
6 One (1) Jousting Competition
7 Six (6) Game Booths
8 One (1) Radar Speed Pitch
9 One (1) Batter Up Baseball
10 One (1) Bungee Trampoline
11 One (1) Laser Tag
12 One (1) Wrecking Ball
13 Ten (10) Generators
14 Eighteen (18) Attendants

City of Lakewood
Presents
Celebrate Freedom
A Fireworks Extravaganza
June 24th, 2023
Produced by
"The Difference Is Quality"
City of Lakewood
Celebrate Freedom
June 24th, 2023
Opening Announcement Aerial Grand Finale
Program Program
A A
Aerial Titanium Flash Salutes Color/Multicolor Finale
3" 10 3" 300
Color & Multi-Color Finale Shells
3" 10 Totals
Program
Main Show A
Color, Multi-Color, Flitter, Glitter, Shells
Electric Color & Color Changing Shells 3" 700
3" 220 Total Shells 700
Distinctive & Unique Aerial Shells
3" 160
Grand Totals 700
Running Time in Minutes

15.0 Price
Program A
Total Cost
$18,000.00
$18,000.00
City of Lakewood
Show Concept, Services List,
and Miscellaneous Details
Services List:

Fireworks America to Provide:
1) Permit Filings as Required 1) A Suitable Firing Site 2) Storage and Delivery of fireworks 2) Adequate Security for Firing Site 3) All Equipment to produce the display 3) Permit Fees
4) Insurance Aggregate amount of 4) Standby Firefighter Fees, if req'd $6,000,000 (Combined Single Limits) 5) Sound System and Playback 5) Worker's Compensation Insurance 6) Adequate Permit Time as (Statute) listed below.
6) Sound Track 7) Suitable Restroom and Handwash
7) Choreography facilities for the crew
Minimum Time Required
Fireworks America will provide permitting services on your behalf. There are minimum times required to pull these permits. Contracts and deposits must be signed and back to us prior to starting these services. Here are the minimum permit times.

Land Based Shows based require a minimum of 30 days to permit based on Local and State Ordinance, FAA and other requirements.

Water based shows require a minimum of 60 days to permit based on all of the above PLUS Coast Guard requirements.

Please plan your show accordingly.

Operators and Assistants:

Fireworks America will provide the services of a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's Worker's Compensation Insurance.

Continued
City of Lakewood to Provide:

Payment Terms:

Method of Discharge:

Choreography:
50% of the Sum is to be paid to FA at the signing of the Contract,Balance Net 10 Days After Display
The show will be fired electrically. Each fireworks event will have its own ignitor for precise timing. Fireworks America will provide the firing panel, cable, distribution system and power for the show.

The program will be choreographed utilizing the latest innovation in computerized-fireworks choreography. This will allow maximum accuracy in firing and timing of the display. The fireworks will follow the music precisely and provide an exhilarating experience for the viewer.

Fireworks & Stage FX America, LLC
dba: Fireworks America
PO Box 488
Lakeside, CA 92040
619-938-8277
619-938-8273 Fax
1) This Contract, entered into this 1st day of February, 2023, by and between FIREWORKS & STAGE FX AMERICA, LLC., dba FIREWORKS AMERICA, a California Corporation, duly licensed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the State of California, hereinafter referred to as "FA" and CITY OF LAKEWOOD hereinafter referred to as "BUYER".
2) FA agrees to furnish BUYER, in accordance with the terms and conditions set forth herein, One (1) fireworks/special effects display(s) as per Program A, submitted, accepted and made part hereof, and the services of a licensed pyrotechnic operator who will be in charge of the execution of said display unless otherwise agreed in writing. This display is to be performed on June 24th, 2023, located at 500 Lakewood Center Mall, Lakewood, CA 90712.

The time of the display is to be at: 9:10PM
3) BUYER agrees to pay FA the sum of: Eighteen Thousand Dollars and No Cents ($18,000.00), per the following terms:
50% of the Sum is to be paid to FA at the signing of the Contract,Balance Net 10 Days After Display 4) Should the BUYER default on these payment terms, a finance charge at a rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is greater, will be charged and accrued on the unpaid balance of the Contract until the Contract is satisfied.

FA is hereby authorized to receive BUYER's financial information from any person or entity for the purpose of verifying BUYER's ability to pay.
5) BUYER, at its expense, agrees to provide FA a suitable DISPLAY SITE in which to stage, setup and fire the display. This DISPLAY SITE will incorporate an appropriate fallout zone, which has to be approved by FA, and that will fulfill any requirements set forth by any governing legal authority. Should the proposed site require the involvement of specialized equipment, watercraft or clean up, BUYER agrees to provide said equipment and labor at BUYER's expense.

Fireworks America Public Display Contract
6) BUYER, at its expense, agrees to provide adequate security to prevent any access to the DISPLAY SITE by members of the general public or any persons not expressly approved by FA. Any claim arising from damage to persons or property caused by any unauthorized access to the DISPLAY SITE is the sole responsibility of the BUYER. Should a multiple day setup be required, BUYER shall provide appropriate security during all the times FA is away from the DISPLAY SITE. 7) BUYER, at its expense, agrees to pay for any required "standby" Firemen, and/or any applicable permit costs and fees as required by state and local statutes, ordinances or regulations.

BUYER agrees to indemnify FA for any and all changes or adjustments made to the DISPLAY at the request of any governing legal authority.
8) BUYER, at its expense, shall provide FA sufficient parking, all necessary site and event passes and allow FA sufficient time and available access, as determined by FA, to safely and professionally setup and discharge the display and subsequently remove the display equipment from the DISPLAY SITE. 9) Should BUYER fail to comply or prove itself unable to comply with the requirements stated in paragraphs 5, 6, 7 and 8 herein, FA shall have no obligation to continue with the performance of the display and the BUYER agrees to pay the full contract price plus any additional associated expenses incurred by FA.
10) BUYER agrees to assume the risk of weather, or any other cause that is beyond FA’s control, that may prevent the display from being discharged on the scheduled date and time. In the event that FA, at its sole discretion, determines that the weather unsuitable for the discharge of the display, BUYER shall pay per the cancellation terms contained in paragraph 11 herein. 11) BUYER shall have the option to cancel this display at any time. If BUYER decides to cancel, BUYER agrees to pay to FA 35% of the display contract price and all other associated costs incurred by FA, including, but not limited to, permits, insurance, pyrotechnic operator's fee, transportation, choreography, custom design or any other provable expense associated with the execution of the Display. 12) BUYER agrees to hold FA harmless from all claims and penalties made against FA in the event that the display fails to start on time or is disrupted after commencement as a direct result of equipment or product malfunction or failure.
13) FA agrees to provide insurance coverage of Six Million Dollars, Bodily Injury and Property Damage and statutory limits for Worker's Compensation. This insurance covers the operations of FA only and does not extend to any other aspect of the event at which such a display may be held. FA’s operations are deemed complete when FA has vacated the premises.
14) Should BUYER fail to perform its obligations as set forth herein, BUYER agrees to indemnify, defend and hold FA harmless from all claims and suits made against FA in conjunction with the discontinuance or cancellation of the display.

Fireworks America Public Display Contract
15) FA agrees to defend, indemnify and hold harmless BUYER from and against all claims and liability arising out of the services to be performed by FA hereunder, except to the extent arising from BUYER'S negligence or willful misconduct.
16) The laws of the State of California shall govern this contract. It is agreed that any court of competent jurisdiction located in the County of San Diego, CA shall be proper venue for an action.

Should such action be brought to enforce or interpret the terms or provisions of this Contract, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
17) Nothing in this contract shall be construed as forming a partnership, joint venture, agency or any form of legal relationship, other than contractual, between BUYER and FA. Neither party shall be held responsible for any agreements or obligations not expressly provided for herein and shall be severally responsible for their own separate debts and obligations. 18) BUYER shall not under any circumstances, be entitled to recover any consequential damages from FA. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded in Paragraph 13 herein. 19) Buyer, at its expense, agrees to provide FA crews with suitable restroom and handwash facilities in the immediate area of the shooting/working location. 20) Other Considerations: BUYER Responsible for cleanup of the fall out area parking lot. 21) This agreement shall be binding on the parties and on their heirs, executors, administrators, successors and assigns.

In Witness the parties hereto, by or through their duly authorized agents, have set their hands and seals this 1st day of February, 2023.

Fireworks & Stage FX America, LLC. City of Lakewood
By: Matt Biolchino By: __________________________
Title: Area Manager Title: _________________________
Signature: _____________________ Signature: _____________________

RESOLUTION NO. 2023-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD PROCLAIMING THE TERMINATION OF A

LOCAL EMERGENCY RELATING TO NOVEL
CORONAVIRUS (COVID-19)

THE CITY COUNCIL OF THE CITY OF LAKEWOOD DOES RESOLVE AS FOLLOWS:

WHEREAS, California Government Code Section 8630, require the City Council to proclaim the termination of a local emergency at the earliest possible date that conditions warrant; and WHEREAS, the City Council adopted Resolution No. 2020-5 on March 24, 2020, declaring that a local emergency, as defined in Government Code Section 8630 existed, and ratifying the declaration of the Director of Emergency Services of a local health emergency, all with respect to the threat of a Novel Coronavirus (COVID-19) epidemic; WHEREAS, said resolution and subsequent resolutions that extended the local emergency state that the local emergency remain in effect until the expiration of the State Declaration of Emergency;
WHEREAS, pursuant to California Government Code Section 8630, the City Council desires to proclaim the termination of such local emergency;
NOW, THEREFORE, the City Council of the City of Lakewood resolves as follows:

Section 1. That the declarations of a local emergency as defined in Government Code Section 8630, relating to Novel Coronavirus (COVID-19) in the City of Lakewood established by Resolution No. 2020-5 are hereby terminated.

Section 2. Resolution No. 2020-5, and subsequent resolutions extending such Local Emergency, on the same terms and conditions, are hereby rescinded.

Section 3. This resolution shall take effect immediately upon its adoption by the City Council.

Section 4. The City Clerk shall certify the vote adopting this resolution.

Resolution No. 2023-10

Page 2 ends

ADOPTED AND APPROVED THIS 28TH DAY OF FEBRUARY, 2023.
___________________________________
Mayor
ATTEST:
_______________________________
City Clerk

RESOLUTION NO. 2023-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD ADJUSTING THE MAXIMUM FEES OR

CHARGES FOR BIN AND SPECIAL REFUSE SERVICE
WHEREAS, the City of Lakewood (the “City”) and B-Z Disposal company (the “Contractor”) did, on February 26, 2002, and on July 1, 2009 enter into an agreement for refuse collection; and
WHEREAS, the Agreement provides for an escalation rate to said maximum cap commencing July 1, 2009, and each fiscal year thereafter commencing on July 1, based on the January-to-January C.P.I. (Consumer Price Index), to be prepared by the Director of Administrative Services; and
WHEREAS, on June 10, 2003, the City Council approved the assignment of the Agreement for Solid Waste Collection from B-Z Disposal Services, Inc., to EDCO Waste Services, LLC, effective July 1, 2003.

NOW, THEREFORE, the City Council of the City of Lakewood does hereby resolve as follows:

SECTION 1. The Director of Administrative Services finds that the escalation rate is

5.77 percent.

SECTION 2. The fees or charges for bin and special service set forth in Appendix A, attached hereto, have been adjusted by the Director of Administrative Services based on the escalation rate. Said adjusted fees or charges shall be effective on July 1, 2023, and shall be the maximum fees or charges collected by the Contractor for special bin service.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and the same shall be effective as of the 1st day of July, 2023.

ADOPTED AND APPROVED this 28th day of February, 2023.
___________________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective July 1, 2022
CPI Jan 2023 5.77%
Service Maximum Fee Service Maximum Fee
Trash or Split Bin (½ Trash- ½ Recycle) Trash or Split Bin (½ Trash- ½ Recycle) 7/1/2022 $ % 1 Pickup Per Week, 3 yard bin $154.95 per month 1 Pickup Per Week, 3 yard bin $146.50 per month $8.45 5.77% 2 Pickup Per Week, 3 yard bin $242.32 per month 2 Pickup Per Week, 3 yard bin $229.10 per month $13.22 5.77% 3 Pickup Per Week, 3 yard bin $329.55 per month 3 Pickup Per Week, 3 yard bin $311.57 per month $17.98 5.77% 4 Pickup Per Week, 3 yard bin $416.74 per month 4 Pickup Per Week, 3 yard bin $394.01 per month $22.73 5.77% 5 Pickup Per Week, 3 yard bin $504.20 per month 5 Pickup Per Week, 3 yard bin $476.69 per month $27.51 5.77% 6 Pickup Per Week, 3 yard bin $591.59 per month 6 Pickup Per Week, 3 yard bin $559.32 per month $32.27 5.77% Lock Lids $25.10 per month Lock Lids $23.73 per month $1.37 5.77% Automated Trash/Recycle Cart -1 x Week $60.13 per month Automated Trash/Recycle Cart -1 x Week $56.85 per month $3.28 5.77% Automated Trash/Recycle Cart -2 x Week $120.24 per month Automated Trash/Recycle Cart -2 x Week $113.68 per month $6.56 5.77% Extra Automated Trash or Recycle Cart $12.89 per cart per dump Extra Automated Trash or Recycle Cart $12.19 per cart per dump $0.70 5.77% Compactor Bins 1 x F/L $336.11 Compactor Bins 1 x F/L $317.77 $18.34 5.77% Compactor Bins 2 x F/L $525.72 Compactor Bins 2 x F/L $497.04 $28.68 5.77% Compactor Bins 3 x F/L $714.80 Compactor Bins 3 x F/L $675.81 $38.99 5.77% Compactor Bins 4 x F/L $903.92 Compactor Bins 4 x F/L $854.61 $49.31 5.77% Compactor Bins 5 x F/L $1,093.55 Compactor Bins 5 x F/L $1,033.89 $59.66 5.77% Compactor Bins 6 x F/L $1,283.12 Compactor Bins 6 x F/L $1,213.12 $70.00 5.77% Extra Pickups (Excluding Sundays) $75.19 Extra Pickups (Excluding Sundays) $71.09 $4.10 5.77% Sunday Pickups $110.92 Sunday Pickups $104.87 $6.05 5.77% Steam Clean Bins $83.73 Steam Clean Bins $79.16 $4.57 5.77% Roll Off Compactors $875.02 Roll Off Compactors $827.29 $47.73 5.77% Steam Clean Compactors $198.82 Steam Clean Compactors $187.97 $10.85 5.77% Bin Roll Out Service Over 50 Feet 1 x $33.48 per bin Bin Roll Out Service Over 50 Feet 1 x $31.65 per bin $1.83 5.77% Bin Roll Out Service Over 50 Feet 2 x $66.94 per bin Bin Roll Out Service Over 50 Feet 2 x $63.29 per bin $3.65 5.77% Bin Roll Out Service Over 50 Feet 3 x $100.46 per bin Bin Roll Out Service Over 50 Feet 3 x $94.98 per bin $5.48 5.77% Bin Roll Out Service Over 50 Feet 4 x $133.93 per bin Bin Roll Out Service Over 50 Feet 4 x $126.62 per bin $7.31 5.77% Bin Roll Out Service Over 50 Feet 5 x $167.41 per bin Bin Roll Out Service Over 50 Feet 5 x $158.28 per bin $9.13 5.77% Bin Roll Out Service Over 50 Feet 6 x $200.88 per bin Bin Roll Out Service Over 50 Feet 6 x $189.92 per bin $10.96 5.77% Scout Service 1x per week $38.37 per bin Scout Service 1x per week $36.28 per bin $2.09 5.77% Scout Service 2x per week $76.74 per bin Scout Service 2x per week $72.55 per bin $4.19 5.77% Scout Service 3x per week $115.12 per bin Scout Service 3x per week $108.84 per bin $6.28 5.77% Scout Service 4x per week $153.48 per bin Scout Service 4x per week $145.11 per bin $8.37 5.77% Scout Service 5x per week $191.88 per bin Scout Service 5x per week $181.41 per bin $10.47 5.77% Scout Service 6x per week $230.25 per bin Scout Service 6x per week $217.69 per bin $12.56 5.77% Bin Roll Off Containers (Recycling) $387.16 plus disposal fee Bin Roll Off Containers (Recycling) $366.04 plus disposal fee $21.12 5.77% Shared Bin Usage $5.75 per month Shared Bin Usage $5.44 per month $0.31 5.77% Roll-Off Container $617.33 per bin Roll-Off Container $583.65 per bin $33.68 5.77% 3 Yard Recycling Bins 1x per week $56.70 3 Yard Recycling Bins 1x per week $53.61 $3.09 5.77% 3 Yard Recycling Bins 2x per week $97.23 3 Yard Recycling Bins 2x per week $91.93 $5.30 5.77% 3 Yard Recycling Bins 3x per week $137.75 3 Yard Recycling Bins 3x per week $130.24 $7.51 5.77% 3 Yard Recycling Bins 4x per week $178.26 3 Yard Recycling Bins 4x per week $168.54 $9.72 5.77% 3 Yard Recycling Bins 5x per week $209.11 3 Yard Recycling Bins 5x per week $197.70 $11.41 5.77% 3 Yard House Bin – No dirt or concrete $136.03 per bin 3 Yard House Bin – No dirt or concrete $128.61 per bin $7.42 5.77% 1 Yard House Bin – Dirt and concrete $136.03 per bin 1 Yard House Bin – Dirt and concrete $128.61 per bin $7.42 5.77% Automated Recycling Carts 1x per week $25.99 Automated Recycling Carts 1x per week $24.57 $1.42 5.77% Additional Carts 1x per week $8.53 Additional Carts 1x per week $8.06 $0.47 5.77% Automated Recycling Carts 2x per week $51.96 Automated Recycling Carts 2x per week $49.13 $2.83 5.77% Additional Carts 2x per week $17.07 Additional Carts 2x per week $16.14 $0.93 5.77% Bulky Item Pick-up (One Item) $16.97 Bulky Item Pick-up (One Item) $16.04 $0.93 5.77% Bulky Item Pick-up (2-4 additional items) $13.56 per item Bulky Item Pick-up (2-4 additional items) $12.82 per item $0.74 5.77% Appendix A
Effective July 1, 2023
7/1/2023 Increase

BIN AND SPECIAL REFUSE SERVICE MAXIMUM RATE SCHEDULE
Effective July 1, 2022
Service Maximum Fee Service Maximum Fee
Organic Waste Receptacles Organic Waste Receptacles
1 Pickup Per Week, 65gl Cart $90.09 per month 1 Pickup Per Week, 65gl Cart $85.18 per month $4.91 5.77% 2 Pickup Per Week, 65gl Cart $180.20 per month 2 Pickup Per Week, 65gl Cart $170.37 per month $9.83 5.77% 3 Pickup Per Week, 65gl Cart $270.30 per month 3 Pickup Per Week, 65gl Cart $255.55 per month $14.75 5.77% 4 Pickup Per Week, 65gl Cart $360.39 per month 4 Pickup Per Week, 65gl Cart $340.73 per month $19.66 5.77% 5 Pickup Per Week, 65gl Cart $450.50 per month 5 Pickup Per Week, 65gl Cart $425.92 per month $24.58 5.77% 6 Pickup Per Week, 65gl Cart $540.59 per month 6 Pickup Per Week, 65gl Cart $511.10 per month $29.49 5.77% 7 Pickup Per Week, 65gl Cart $630.69 per month 7 Pickup Per Week, 65gl Cart $596.28 per month $34.41 5.77% Extra Pickup, 65gl Cart $36.05 per month Extra Pickup, 65gl Cart $34.08 per month $1.97 5.77% 1 Pickup Per Week, 96gl Cart $96.25 per month 1 Pickup Per Week, 96gl Cart $91.00 per month $5.25 5.77% 2 Pickup Per Week, 96gl Cart $192.49 per month 2 Pickup Per Week, 96gl Cart $181.99 per month $10.50 5.77% 3 Pickup Per Week, 96gl Cart $288.75 per month 3 Pickup Per Week, 96gl Cart $273.00 per month $15.75 5.77% 4 Pickup Per Week, 96gl Cart $385.00 per month 4 Pickup Per Week, 96gl Cart $364.00 per month $21.00 5.77% 5 Pickup Per Week, 96gl Cart $481.24 per month 5 Pickup Per Week, 96gl Cart $454.99 per month $26.25 5.77% 6 Pickup Per Week, 96gl Cart $577.48 per month 6 Pickup Per Week, 96gl Cart $545.98 per month $31.50 5.77% 7 Pickup Per Week, 96gl Cart $673.73 per month 7 Pickup Per Week, 96gl Cart $636.98 per month $36.75 5.77% Extra Pickup, 96gl Cart $38.50 per month Extra Pickup, 96gl Cart $36.40 per month $2.10 5.77% 1 Pickup Per Week, 1 cu. Yard Bin $135.47 per month 1 Pickup Per Week, 1 cu. Yard Bin $128.08 per month $7.39 5.77% 2 Pickup Per Week, 1 cu. Yard Bin $264.57 per month 2 Pickup Per Week, 1 cu. Yard Bin $250.14 per month $14.43 5.77% 3 Pickup Per Week, 1 cu. Yard Bin $396.87 per month 3 Pickup Per Week, 1 cu. Yard Bin $375.22 per month $21.65 5.77% 4 Pickup Per Week, 1 cu. Yard Bin $529.16 per month 4 Pickup Per Week, 1 cu. Yard Bin $500.29 per month $28.87 5.77% 5 Pickup Per Week, 1 cu. Yard Bin $661.04 per month 5 Pickup Per Week, 1 cu. Yard Bin $624.98 per month $36.06 5.77% 6 Pickup Per Week, 1 cu. Yard Bin $793.74 per month 6 Pickup Per Week, 1 cu. Yard Bin $750.44 per month $43.30 5.77% 7 Pickup Per Week, 1 cu. Yard Bin $926.03 per month 7 Pickup Per Week, 1 cu. Yard Bin $875.51 per month $50.52 5.77% Extra Pickup, 1 cu. Yard Bin $54.18 per month Extra Pickup, 1 cu. Yard Bin $51.22 per month $2.96 5.77% 1 Pickup Per Week, 2 cu. Yard Bin $154.67 per month 1 Pickup Per Week, 2 cu. Yard Bin $146.23 per month $8.44 5.77% 2 Pickup Per Week, 2 cu. Yard Bin $302.39 per month 2 Pickup Per Week, 2 cu. Yard Bin $285.89 per month $16.50 5.77% 3 Pickup Per Week, 2 cu. Yard Bin $453.58 per month 3 Pickup Per Week, 2 cu. Yard Bin $428.84 per month $24.74 5.77% 4 Pickup Per Week, 2 cu. Yard Bin $604.78 per month 4 Pickup Per Week, 2 cu. Yard Bin $571.79 per month $32.99 5.77% 5 Pickup Per Week, 2 cu. Yard Bin $755.95 per month 5 Pickup Per Week, 2 cu. Yard Bin $714.71 per month $41.24 5.77% 6 Pickup Per Week, 2 cu. Yard Bin $907.15 per month 6 Pickup Per Week, 2 cu. Yard Bin $857.66 per month $49.49 5.77% 7 Pickup Per Week, 2 cu. Yard Bin $1,058.35 per month 7 Pickup Per Week, 2 cu. Yard Bin $1,000.61 per month $57.74 5.77% Extra Pickup, 2 cu. Yard Bin $61.86 per month Extra Pickup, 2 cu. Yard Bin $58.49 per month $3.37 5.77% 1 Pickup Per Week, 3 cu. Yard Bin $193.11 per month 1 Pickup Per Week, 3 cu. Yard Bin $182.58 per month $10.53 5.77% 2 Pickup Per Week, 3 cu. Yard Bin $378.61 per month 2 Pickup Per Week, 3 cu. Yard Bin $357.96 per month $20.65 5.77% 3 Pickup Per Week, 3 cu. Yard Bin $567.95 per month 3 Pickup Per Week, 3 cu. Yard Bin $536.97 per month $30.98 5.77% 4 Pickup Per Week, 3 cu. Yard Bin $757.26 per month 4 Pickup Per Week, 3 cu. Yard Bin $715.95 per month $41.31 5.77% 5 Pickup Per Week, 3 cu. Yard Bin $946.59 per month 5 Pickup Per Week, 3 cu. Yard Bin $894.95 per month $51.64 5.77% 6 Pickup Per Week, 3 cu. Yard Bin $1,135.91 per month 6 Pickup Per Week, 3 cu. Yard Bin $1,073.94 per month $61.97 5.77% 7 Pickup Per Week, 3 cu. Yard Bin $1,325.20 per month 7 Pickup Per Week, 3 cu. Yard Bin $1,252.91 per month $72.29 5.77% Extra Pickup, 3 cu. Yard Bin $77.25 per month Extra Pickup, 3 cu. Yard Bin $73.04 per month $4.21 5.77% Bad Check Fee: $37.00 Bad Check Fee: $37.00
Effective July 1, 2023
Commencing July 1, 2019, and each fiscal year thereafter, the City Council shall by resolution adjust said maximum cap based on the January-to-January C.P.I. The adjustment shall be prepared by the Director of Finance and Administrative Services.

Commencing July 1, 2019, and each fiscal year thereafter, the City Council shall by resolution adjust said maximum cap based on the January-to-January C.P.I. The adjustment shall be prepared by the Director of Finance and Administrative Services.

BIN AND SPECIAL REFUSE SERVICE MAXIMUM RATE SCHEDULE
Appendix A (continued)
Series Id:

Series
Title:

Area:

Item:

Base
Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2013 238.015 239.753 239.995 239.043 239.346 239.223 238.920 239.219 239.611 239.940 238.677 238.742 239.207 239.229 239.185 2014 239.857 241.059 242.491 242.437 243.362 243.528 243.727 243.556 243.623 243.341 241.753 240.475 242.434 242.122 242.746 2015 239.724 241.297 243.738 243.569 246.093 245.459 247.066 246.328 245.431 245.812 245.711 245.357 244.632 243.313 245.951 2016 247.155 247.113 247.873 248.368 249.554 249.789 249.784 249.700 250.145 251.098 250.185 250.189 249.246 248.309 250.184 2017 252.373 253.815 254.525 254.971 255.674 255.275 256.023 256.739 257.890 258.883 259.135 259.220 256.210 254.439 257.982 2018 261.235 263.012 264.158 265.095 266.148 265.522 266.007 266.665 268.032 269.482 268.560 267.631 265.962 264.195 267.730 2019 269.468 269.608 271.311 273.945 274.479 274.380 274.682 274.579 276.054 278.075 277.239 275.553 274.114 272.199 276.030 2020 277.755 278.657 276.589 275.853 276.842 278.121 279.899 280.116 279.366 279.947 280.102 279.560 278.567 277.303 279.832 2021 280.178 281.347 282.648 285.808 287.620 289.218 290.890 291.333 292.209 294.961 296.790 297.925 289.244 284.470 294.018 2022 301.209 302.164 306.679 308.302 310.649 314.072 313.415 313.608 315.033 317.014 314.633 312.601 310.782 307.179 314.384 2023 318.591
Change 17.382
% 5.77%
Los Angeles-Long Beach-Anaheim, CA
All items
1982-84=100
2013 to 2023
CPI for All Urban Consumers (CPI-U)
Original Data Value
CUURS49ASA0
Not Seasonally Adjusted
All items in Los Angeles-Long Beach-Anaheim, CA, all
urban consumers, not seasonally adjusted

1 2023
Legislative Platform
Purpose Statement
The Lakewood City Council recognizes the need for an active state and federal legislative program to protect the city’s interests in Sacramento and Washington, D.C. The 2023 Legislative Platform provides a framework for the City of Lakewood’s legislative program. Adopted annually, the Legislative Platform is the foundation of a focused advocacy strategy and serves as a reference guide for legislative positions and objectives that provide direction for the City Council and staff throughout the year.

Legislative Program
The primary objective of the Legislative Platform is for the City Council to adopt official city positions on clearly stated legislative issues. By doing this, the legislative approval process is streamlined by eliminating the need for repetitive concurrence and direction from the City Council on previously approved issues. The Legislative Platform is developed and maintained using the goals and objectives of the City Council, a review of legislative priorities from the League of California Cities, League’s Los Angeles Division, California Contract Cities Association and other partner agencies (see below), input from City Council and staff, research of current law and pending legislation, as well as discussions with local legislative staff and the City’s legislative advocates.

Federal and state legislative proposals and policies consistent with the Legislative Platform may be supported by the City. Policies and proposals inconsistent with this Legislative Platform may be opposed by the City. For proposed legislation, either consistent with the City’s Legislative Platform or consistent with legislative positions the City has taken in the past, City staff shall be authorized to prepare position letters with the Mayor’s authorization. Items not addressed in the city’s Legislative Platform may require further direction from the Intergovernmental Relations Committee and/or the City Council.

Legislative priorities may only address issues directly relevant to or impacting the provision of municipal services. Generally, the City will not address matters that are not pertinent to the City’s local government services.

Organizations whose legislative programs the City follows:

Federal
 American Planning Association
 American Public Works Association
 American Water Works Association
 International Council of Shopping Centers
 National Recreation and Parks Association
2  National League of Cities
 National Association of Telecommunications Officers and Advisors (NATOA)  U.S. Conference of Mayors
State
 Association of California Water Agencies
 California Association of Local Economic Development
 California Building Officials
 California Contract Cities Association (CCCA)
 California Municipal Revenue and Tax Association
 California Municipal Utilities Association
 California Park & Recreation Society
 CalCities
Regional
 Central Basin Water Association
 Coalition for Practical Regulation
 Gateway Cities Council of Governments (Gateway COG)
 Gateway Water Management Authority
 Los Angeles County Sheriff’s Department
 Metropolitan Transportation Authority
 Southern California Chapter of NATOA
 Southeast Los Angeles Workforce Development Board
 Southeast Water Coalition
 Southern California Association of Governments
 California Joint Powers Insurance Authority
 Greater Los Angeles County Vector Control District
Program Goals and Strategies
Program Goals:

I. Advocate the City’s legislative interests at the Federal, State and County levels.

II. Inform and share information with our Legislators, City Council and staff on the legislative process and key issues and legislation that could have a potential impact on the City.

III. Serve as an active participant with other local governments, the League of California Cities, regional agencies such as CCCA, Gateway COG and other local professional organizations on legislative/regulatory issues that are important to the City and region.

IV. Seek grant and funding assistance for City projects, services and programs to enhance infrastructure and services for the community. 3 Strategies:

I. Communicate legislative positions on proposed Federal, State and County legislation, measures, initiatives and governmental regulations. a. Work with City departments and legislative advocates to develop positions on proposed legislative measures.
b. City staff will review the positions and analysis done by the League of California Cities, legislative advocates’ feedback, and other local government/professional associations in formulating the City’s positions.
c. The City will take positions only on proposals that clearly impact the City or pose a threat to local control.
d. Actively track key bills through the legislative process, utilizing the City’s advocacy services, various legislative websites and other government and professional associations.
e. Work cooperatively with other cities, associations and the League of California Cities on advocating the city’s legislative positions. f. As necessary, participate in the drafting and amending of proposed federal and state measures that have the potential to significantly impact the City.
g. Meet with legislators and their representatives, as well as other federal, state and county government officials on a regular basis, to discuss local government issues, proposed legislation, requests for funding assistance and City projects, programs and services.

II. Seek federal, state and county funding through earmarks, grants and other discretionary funding for City projects, services and programs. a. Identify City projects for potential submittal for federal earmark consideration. Develop a submittal packet for legislators that provides funding need and project information.
b. Provide information to City departments on potential grant funding opportunities and recognition programs.
c. Advocate and request letters of support for grant applications that are being considered for federal, state and county funding.

III. Share information with the City Council, staff and the community on legislative issues.
a. Work closely with department heads and staff to determine their legislative priorities and funding needs for the upcoming legislative session.
4 b. Provide updates on legislative issues to the Council and departments throughout the year.
c. Educate the community in the City’s advocacy efforts on legislative issues and funding requests.
5 2023 LEGISLATIVE PLATFORM
I. Local Control

1. Support the provision of municipal services through contracting.

2. Support legislation that preserves and enhances local control.

3. Oppose preemption of local authority whether by county, state or federal legislation or ballot measures.

II. Municipal Finance

4. Support legislation that further protects local government revenue from being taken, confiscated, shifted, diverted or otherwise used to fund state government operations and responsibilities.

5. Support legislation that allows cities to collect their “fair share” of sales tax allocation on internet or other remote transactions.

6. Support legislation that reforms the local government financing structure to create long term stability for public services, facilities and future city growth.

7. Support continued funding for the items below:
a. Community Development Block Grant (CDBG) program
b. Community Oriented Policing Services (COPS) program
c. Justice Assistance Grant (JAG) program
d. Public, Educational, and Government (PEG) community access television

8. Oppose legislation that would impose state mandated costs for which there is no guarantee or realistic expectation of local reimbursement or offsetting benefits.

9. Oppose legislation that would preempt or reduce local discretion over locallyimposed taxes.

10. Oppose legislation that changes the sales or property tax collection method or formula that would result in less overall tax revenue to local governments.

11. Oppose legislation that threatens a local government’s right to receive compensation for use of its public right of way.

12. Oppose any effort to eliminate, or cap, the tax-exempt status of municipal bonds, one of the few tools left for local governments to finance large capital projects.

III. Public Safety

13. Support legislation and funding that promote enhanced law enforcement services in the community.
6 14. Support legislation that provides for greater protection to victims of crime and accountability in criminal prosecution and sentencing.

15. Support legislative efforts to address the negative impacts of AB 109, Proposition 47 and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.

16. Support legislation that maintains public safety and provides additional tools and resources to address challenges such as homelessness, mental health, and drug rehabilitation.

17. Support legislation that encourages legislators to coordinate and consult closely with law enforcement agencies prior to introducing legislation that affects public safety.

18. Support legislation that enhances community control of public education.

19. Support reasonable criminal justice reform measures that are inclusive of concerns from prosecutors, victims’ rights groups, and law enforcement agencies and do not hinder law enforcement’s ability to protect the community.

20. Support programs that help ensure public safety through the assistance and rehabilitation of individuals challenged with mental and/or substance abuse illnesses and increase awareness and training opportunities.

21. Support legislation that provides funding to local agencies for emergency planning, disaster training, preparedness, prevention, protection, mitigation, response, recovery and resiliency to disasters, biological and environmental threats.

IV. Economic Development and Local Land Use

22. Support legislation that encourages sustainable economic development for cities to create jobs and improve the economy.

23. Support legislation that strengthens local control for land use and zoning regulations.

24. Support legislation that returns local governments’ ability to enact property tax increment financing or other redevelopment tools.

25. Support training and development initiatives and funding that support the collaboration between community partners, including, but not limited to nonprofits, school and community college districts and the workforce development board.

26. Support measures that support the City’s continued efforts to retain and promote local businesses and for removal of regulations that impose excessive requirements or restrictions that hinder the success of these enterprises. 7 27. Support legislation that will restore funding mechanisms to promote continued economic development, including initiatives to provide financing for business assistance loans and infrastructure improvements.

28. Support legislation preserving the city’s interest in telecommunication, broadband and infrastructure operations.

29. Oppose efforts to require additional CEQA review and process requirements that delay projects and increase costs.

30. Oppose legislation that seeks to limit or eliminate municipal authority to regulate street or sidewalk vendors.

V. Housing and Homelessness

31. Support legislation that seeks to address the inequitable allocation of property taxes to “No and Low” property tax cities. This is critically important as the State attempts to address the housing crisis.

32. Support legislation that provides flexibility, support and resources to cities to assist with the development of affordable housing options and programs for all income levels in the community.

33. Support incentives for cities to create regional and collaborative solutions to address homelessness.

34. Support the expansion of conservatorship laws allowing for increased guardianship control and health supervision of those suffering from mental illness; and recognizes mental illness and addiction as a contributor to chronic homelessness.

35. Support legislation and funding from the county, state and federal government for expanded outreach teams in collaboration with law enforcement, first responders, and the county’s health and mental health departments for those affected by homelessness and mental health issues.

36. Support direct Measure H funding on an annual basis for cities like Lakewood that are required to contribute additional sales tax.

37. Oppose legislation that seeks to convert the Regional Housing Needs Allocation (RHNA) process from a planning process to a production standard.

38. Oppose legislation that penalizes a city or local government if the units identified in RHNA are not constructed.

38. Oppose efforts and legislation that propose to limit public engagement, design and environmental review related to housing projects.

39. Oppose legislation that would remove local control, allow for irresponsible housing development and interfere with protection of established residential neighborhoods.
8 40. Support and pursue the repeal of state laws that affect local control on housing and land use.

V. Infrastructure

41. Support legislation that provides adequate and consistent funding to support acquisition, development, operation and maintenance of recreation services and facilities.

42. Support legislation that provides ongoing and sustainable transportation infrastructure funding, including funds for the preservation and maintenance of streets and roads

43. Support legislation that appropriates state funds to local and regional projects for transportation projects, such as the West Santa Ana Branch transit corridor project.

44. Support legislation that provides funding for water, wastewater, and stormwater infrastructure; flood prevention, water resources planning and development; and water quality improvement.

45. Support development of reasonable policies, strategies and programs to protect the environment, reduce greenhouse gas emissions, increase energy efficiency and increase the use of alternative/renewable energy sources.

46. Support legislation that allocates cap and trade auction revenue to local governments.

47. Support legislation that bridges the digital divide as equitable access to information and communication technologies are becoming increasingly essential for everyday life.

48. Support legislation and park bond measures that provide per capita grants to local governments to fund parks and capital improvements, as well as recreation programs that enhance the quality of life for Lakewood residents.

49. Support legislation that provides funding for the rehabilitation, development, and capital improvements of local parks and community facilities.

50. Oppose unnecessary modifications to the Los Angeles County Flood Control conveyance system, including the Los Angeles and San Gabriel Rivers that could require properties to purchase federal flood insurance.

51. Oppose Federal Emergency Management Agency (FEMA) flood insurance reforms to require properties in residual risk areas, those protected by dams or levees, to purchase flood insurance even when the man-made structures are certified to provide at least 100-year protection.

52. Oppose legislation to establish a public goods charge or other permanent statewide tax on water to fund statewide water solutions.

53. Oppose legislation that directs local transportation funds away from cities. 9 VI. General Government

54. Support legislation that preserves public, educational and government (PEG) television channel funding and programming support by video service providers, such as: payments to local government of franchise fees and PEG fees.

55. Support reasonable reform of local government pension systems that is respectful of local control and local collective bargaining processes.

56. Support legislation that reforms the workers compensation system to lower employer costs while continuing to protect employees.

57. Support legislation that provides resources to cities to improve disaster preparedness, recovery and resiliency.

58. Oppose legislation that usurps local government’s authority to restrict or regulate the sale, manufacture and use of alcohol, medical marijuana dispensaries, collectives and cooperatives, and recreational marijuana dispensaries or other distribution points.

59. Support legislation for cities to maintain local services and provide relief to local residents and businesses, including shoring up funding for the decline in sales tax revenue and providing flexibility on funding for cities to continue to provide services.

60. Support legislation that provides funding to local agencies for emergency planning, disaster training, preparedness, prevention, protection, mitigation, response, recovery and resiliency to disasters, biological and environmental threats.

VII. Social Justice and Equity

61. Support legislation and funding that provides residents with equitable access to City programs and services.

62. Support legislation and funding for the City and its community partners to proactively engage with residents on issues of prejudice, discrimination and social justice to promote education, understanding, expanded opportunity and acceptance between diverse groups in the community, making Lakewood a welcome place for everyone.

Lakewood City CouncilFebruary 28, 2023

Lakewood City Council
February 28, 2023