Agenda packet — Lakewood City Council, October 24, 2023

AGENDA

REGULAR CITY COUNCIL MEETING

COUNCIL CHAMBERS
5000 CLARK AVENUE

LAKEWOOD, CALIFORNIA
October 24, 2023
ADJOURNED MEETING: 6:00 p.m.

NORTH CITY HALL OFFICE IMPROVEMENTS – EXECUTIVE BOARD ROOM Staff recommends the City Council appropriate $850,000 from the General Fund for City Hall Office Improvements from the Measure L reserve for Capital Improvements; authorize staff to negotiate and execute a change order to Empire Design and Build, in the amount of $522,250; authorize staff to issue purchase order to D & R Office Works for additional furniture, in the amount of $198,000; and authorize additional project contingency of $130,000.

LAKEWOOD EQUESTRIAN CENTER MANAGEMENT AND OPERATIONS
CALL TO ORDER 7:30 p.m.

INVOCATION: Dr. Fardad Mogharabi, Spiritual Assembly of the Baha'is of Lakewood PLEDGE OF ALLEGIANCE: Scout Troop 4513
ROLL CALL: Mayor Ariel Pe
Vice Mayor Todd Rogers
Council Member Cassandra Chase
Council Member Steve Croft
Council Member Jeff Wood
ANNOUNCEMENTS AND PRESENTATIONS:

Presentation by Captain Dan Holguin, Lakewood Sheriff’s Station, Regarding Quarterly Public Safety Report
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 July 25, August 22, September 12, September 26, and October 10, 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 CITY COUNCIL COMMITTEES’ ACTIVITIES - Staff recommends City Council receive and file the report.

City Council Agenda
October 24, 2023

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ROUTINE ITEMS: - Continued
RI-5 MONTHLY REPORT OF INVESTMENT TRANSACTIONS - SEPTEMBER 2023 - Staff recommends City Council receive and file the report.

RI-6 QUARTERLY SCHEDULE OF INVESTMENTS AS OF SEPTEMBER 30, 2023 - Staff recommends City Council receive and file report.

RI-7 APPROVAL OF AGREEMENT WITH KILEY AND ASSOCIATES FOR FEDERAL GOVERNMENTAL RELATIONS SERVICES – Staff recommends City Council authorize the City Manager or his designee to enter into an agreement with Kiley and Associates for FY 2023-24 in the amount of $45,000 for Federal governmental relations services.

RI-8 RATIFY PURCHASE OF BUCKET TRUCK - Staff recommends the City Council appropriate $31,477 from the General Fund for purchase of bucket truck and associated costs for installation of aerial lift; and ratify the purchase of 2023 Ford F-550 bucket truck from Santa Margarita Ford, in the amount of $198,337.47.

RI-9 LAKEWOOD EQUESTRIAN CENTER MANAGEMENT AND OPERATIONS- Staff recommends the City Council authorize the Mayor to execute the Professional Services Agreement with D. Joy Gould dba Hacienda Sosegado LLC to serve as the Lakewood Equestrian Center Manager at a contract rate of subject to approval of City Attorney as to form. The term of the agreement is 18 months commencing November 1, 2023 and terminating on April 30, 2025, at a contract rate not to exceed $21,673 per month and not to exceed $390,114 for total term of agreement; appropriate $1,075,991 from General Fund for annual expenses to manage and operate the Lakewood Equestrian Center: $70,500 for startup expenses; $208,384 for contractual services; $100,767 for part-time personnel; $152,640 for utilities, trash, manure and internet services; $543,700 for special supplies; and instruct Administrative Services to create revenue and expense accounts for the Lakewood Equestrian Center with the requested fund and revenue estimates as recommended in report.

LEGISLATION:

2.1 RESOLUTIONS FOR THE 2024 GENERAL MUNICIPAL ELECTION CALLING THE ELECTION, RESOLUTION NO. 2023-66; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE ELECTION, RESOLUTION NO. 2023-67; AND ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, RESOLUTION NO. 2023-68 - Staff recommends City Council adopt proposed resolutions.

REPORTS:

3.1 APPROVAL OF CHANGE ORDER NO. 1 TO ALL CITIES ENGINEERING INC., TO INSTALL PVC PIPE IN SANDWOOD STREET AS PART OF THE FY 2024 WATER MAIN REPLACEMENT PROJECT - Staff recommends the City Council approve Change Order No. 1 to All Cities Engineering Inc., in the amount of $433,420 to install 1,360 feet of 8” PVC pipe in Sandwood Street between Levelside Avenue and Downey Avenue and authorize staff to issue corresponding change order.

3.2 QUARTERLY BUDGET REPORT OF MAJOR FUNDS AS OF SEPTEMBER 30, 2023 - Staff recommends City Council receive and file the report.

3.3 2023 HALLOWEEN CARNIVALS PREVIEW – Staff recommends City Council receive and file the report.

City Council Agenda
October 24, 2023

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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 WRITTEN COMMUNICATIONS:

CORRESPONDENCE FROM THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT REGARDING APPOINTMENT OF CITY REPRESENTATIVE - Staff recommends City Council appoint City’s representative to Greater Los Angeles County Vector Control District Board of Trustees.

ORAL COMMUNICATIONS:

ADJOURNMENT

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center

PROFESSIONAL SERVICE AGREEMENT
WITH D. JOY GOULD DBA HACIENDA SOSEGADO, LLC

FOR LAKEWOOD EQUESTRIAN CENTER
This professional service agreement (“Agreement”) is made and effective as of October 24, 2023, between City of Lakewood ("City"), a municipal corporation, and D. Joy Gould, DBA Hacienda Sosegado, LLC (“Contractor”), with reference to the following facts:

A. City is the owner and licensee of the certain real property located at 11369 East Carson Street, Lakewood, California 90715 and commonly referred to as the Lakewood Equestrian Center.

B. The Lakewood City Council has authorized and approved use of the property for equestrian recreation uses including horse boarding and equine activities.

C. This Agreement is not a lease of Premises, and has no real property interest or possessory interest value. The purpose of this Agreement is to provide management services of the approved uses at the Lakewood Equestrian Center under the direction of City.

NOW, THEREFORE, City, for and in consideration of the performance of the covenants and agreements hereinafter contained, to be kept and performed by Contractor, and upon the following terms and conditions, hereby contracts with Contractor to manage facility operations, subject to the following terms and conditions:

1. TERM. This Agreement shall commence on November 1, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 30, 2025 unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES. In response to City’s request for an equestrian center manager, Contractor shall perform the tasks described and set forth in City’s Equestrian Center Manager Scope of Work (“Scope of Work”), attached hereto as [Exhibit A] and incorporated herein as though set forth in full.

3. PERFORMANCE. Contractor shall furnish and use, at Contractor’s own expense, all labor, equipment and materials necessary for the satisfactory performance of the work set forth in this Agreement. Contractor shall at all times faithfully, competently, and to the best of Contractor’s 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 as are required of Contractor hereunder in meeting Contractor’s obligations under this Agreement.

4. CITY REPRESENTATIVE. City’s Recreation and Community Services Department Director shall represent City in all matters pertaining to the administration of this Agreement, review and approve all products submitted by Contractor, but not including the authority to enlarge Scope of Work or change the compensation due to Contractor.

City’s Recreation and Community Services Department Director shall be authorized to act

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center on City's behalf and to execute all necessary documents which enlarge Scope of Work or change Contractor's compensation, subject to Section 5 hereof.

5. PAYMENT.

A. City agrees to pay Contractor on a semi-monthly pay schedule providing two payments per month. Distribution of payments is based upon completion of Scope of Work, in accordance with Contractor’s Fee for Required Services, at a monthly rate as described below:
 Less than 100 horses in boarding care = $14,825 per month  101 to 119 horses in boarding care = $17,108 per month  120 to 139 horses in boarding care = $19,391 per month  Above 140 horses in boarding care = $21,673 per month This amount shall not exceed $390,114 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

B. Contractor shall not be compensated for any services rendered in connection with Contractor’s 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 City. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City's written authorization is given to Contractor for the performance of said services.

C. Contractor shall submit an invoice for actual services performed. Invoice shall be submitted as soon thereafter as practical, for services provided. Payment shall be made within seven (7) days of receipt of invoice as to all non-disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within seven (7) 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 therefore.

6. TERMINATION OF AGREEMENT.

A. Except as otherwise provided herein below, either party may terminate this Agreement, or any portion hereof, by serving written notice of termination upon the other party at least ten (10) days prior to the date of termination. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If City terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, City shall pay to Contractor the actual value of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, Contractor will submit an invoice to City as provided herein above.

7. DEFAULT.

A. Either party's failure to comply with the provisions of this Agreement shall constitute a default. In the event that either party is in default for cause under the terms of this Agreement, the affected party shall promptly notify the deficient party of such default and following such notice shall have no obligation or duty to continue compensating or providing any work after the date of default and can

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center terminate this Agreement immediately by written notice to the other party. If such failure hereunder arises out of causes beyond either party’s control, and without fault or negligence, it shall not be considered a default.

B. If City determines Contractor is in default in the performance of any of the terms or conditions of this Agreement, City shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service of default notice to cure the default as directed by City in the notice of default. In the event Contractor fails to cure Contractor’s default within such period of time, 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.

8. OWNERSHIP OF DOCUMENTS.

A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor 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 generally accepted accounting principles and shall be clearly identified and readily accessible.

Contractor shall provide free access to City at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, 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. In the event of termination of this Agreement, copies of all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at Contractor's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Contractor hereby grants to 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 Contractor in the course of providing the services under this Agreement.

9. INDEMNIFICATION AND DEFENSE.

A. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City and any and all of its officials, 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 negligent or wrongful act, error or omission of Contractor, Contractor’s officers, agents, employees or subcontractors (or any City or individual that Contractor shall bear the legal liability thereof) in the

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center performance of services under this Agreement. Contractor’s duty to indemnify and hold harmless City shall not extend to City’s sole or active negligence or willful misconduct.

B. Duty to defend. In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Contractor shall defend the Indemnified Parties at Contractor’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Contractor’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Contractor and City, as to whether liability arises from the sole or active negligence or willful misconduct of City or its officers, employees, or agents, Contractor will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Contractor 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. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in [Exhibit B] attached herewith and incorporated herein by this reference as though set forth in full.

11. INDEPENDENT CONTRACTOR.

A. 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. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of Contractor’s officers, employees, or agents are in any manner 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.

B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor and/or Contractor’s employees for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness to Contractor’s employee(s) arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES. Contractor shall keep informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of Contractor’s service pursuant to this Agreement. Contractor

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center 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.

13. UNDUE INFLUENCE. Contractor declares and warrants that no undue influence or pressure was 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 has or 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.

14. NO BENEFIT TO ARISE TO CITY EMPLOYEES. During Contractor’s tenure and for one year thereafter, no member, officer, or employee of City, or Contractor’s designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agreement shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the services performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST.

A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, Contractor’s officers, employees, agents, or subcontractors, shall not without written authorization from City or unless requested by City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.

B. Contractor shall promptly notify City should Contractor, Contractor’s officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, 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 work performed thereunder or with respect to any project or property located within City, unless City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Contractor is prohibited by law from informing City of such Discovery. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Contractor in such proceeding, Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to Discovery requests provided by Contractor. However, City's right to review any

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center such response does not imply or mean the right by City to control, direct, or rewrite said response.

16. ASSIGNMENT.

A. Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City. Due to the personal nature of the services to be rendered pursuant to this Agreement, only Contractor shall perform the services described in this Agreement.

B. Before retaining or contracting with any subcontractor for any services under this Agreement, Contractor shall provide City with the identity of the proposed subcontractor, a copy of the proposed written contract between Contractor and such subcontractor which shall include an indemnity provision identical to the one provided herein identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subcontractor carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance.

17. LICENSES. 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.

Contractor agrees to provide City with current copies of said licenses and permits and with copies as they are renewed.

18. 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.

19. 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 this Agreement, 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.

20. SEVERABILITY. Any part, provision, or representation of this Agreement or any of its exhibits, including, but not limited to [Exhibit B], which is held to be invalid, void or unenforceable by a court of competent jurisdiction, shall be limited to that part, provision or representation and all other parts, provisions, or representations herein shall remain in full force and effect.

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center

21. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that they have the authority to execute this Agreement on behalf of Contractor and have the authority to bind Contractor to the performance of Contractor’s obligations hereunder.

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center NOTICES. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail in an envelope bearing the proper amount of postage thereon, and addressed as follows:

To CITY: City of Lakewood
Attention Director of Recreation and Community Services 5050 Clark Avenue, Lakewood, CA 90712
To CONTRATOR: D. Joy Gould DBA Hacienda Sosegado, LLC
23746 California Avenue
Hemet, CA 92545
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day and year first above written.

CITY OF LAKEWOOD
_______________________________
MAYOR
ATTEST:
_______________________________
City Clerk
APPROVED AS TO FORM:
_______________________________
City Attorney
D. Joy Gould DBA, Hacienda Sosegado, LLC
By______________________________
________________________________
Title
Attachments:

Exhibit A – Equestrian Center Manager Scope of Work
Exhibit B - Insurance Requirements

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center

PROFESSIONAL SERVICE AGREEMENT
WITH D. JOY GOULD DBA HACIENDA SOSEGADO, LLC

EQUESTRIAN CENTER MANAGER

EXHIBIT A

EQUESTRIAN CENTER MANAGER SCOPE OF WORK
POSITION: Equestrian Center Manager - Contractor
DEPARTMENT: Recreation and Community Services
REPORTS TO: Director of Recreation and Community Services SUMMARY: The Lakewood Equestrian Center is a 19-acre facility where equestrian enthusiasts participate in a variety of activities, including riding lessons, horse training and a petting zoo. The Lakewood Equestrian Center is open 7 days a week from dawn to dusk and serves the local equine community along with neighborhood youth groups. The facility offers a variety of unique services for both rider and horse. The equestrian center’s primary functions are boarding and training horses and providing riding lessons.

DUTIES and RESPONSIBILITIES:
 Meet with the Director of Recreation and Community Services weekly to discuss facility operations
 Assist with the development of horse boarding, trailer parking, equine training and vendor contracts and rates
 Assist with the development of procedures for billing and accounts receivables for horse boarding, trailer parking, equine training and vendor contracts  Assist city staff with measuring and relabeling each boarding unit  Assist with the development of rules for all areas within the facility to ensure the safety of users and visitors
 Assist with the development for procedures for businesses coming onto the facility to provide specialized services, including but not limited to veterinarian and farrier services  Assist with a schedule for use of riding rings, arenas and turnouts by horse boarders and equine trainers
 Assist with the development of new facility signage, including new signage for all horse boarding units
 Assist with the implementation of purchasing agreements with suppliers for quality hay and feed, bedding and necessary equine supplies deemed necessary for facility operations  Assist with the development of facility rules for boarders, vendors, businesses and the public
 Assist with the development of a security plan for the facility  Assist with the managerial oversight of boarding, trailer parking, equine training and vendor contracts
 Assist with verification of billing for all services provided at the facility and accounts receivable
 Assist with the management of the City’s approved budget for supplies, equipment and facility repair
 Provide the personnel and equipment necessary to ensure the day-to-day cleaning and maintenance of all horse boarding units, including waterers and feeding buckets

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center  Recruit, hire, train, schedule, supervise and evaluate contracted staff performing day-today cleaning and maintenance of all boarding units  Follow federal, state, and local laws when it comes to managing employees and maintaining a safe work environment.
 Ensure for the health and welfare of all animals through an effective health process for boarders and those coming into the facility for day use  Develop standards for vaccination of animals boarded at the facility as well as quarantine protocols for any sick animals
 Provide written and verbal reports to Director of Recreation and Community Services issues and concerns related to the health and safety of the horses in boarding at the facility  Ensure efficient disposal of all waste in compliance with governmental regulations  Serve as the initial point of contact for users associated with horse boarding, trailer parking, equine training and/or vendors at the facility
 Provide customer service to the general public, responding to inquiries and answering questions related to facility operations
 Respond to problems or emergency situations as they arise  Work collaboratively with the city’s office and maintenance staff  Identify pest issues at the facility and report to maintenance staff  Identify and report to the Director of Recreation and Community Services any safety concerns, equipment which needs repair or replacement as well as facility infrastructure in need of repair
 Maintain horse boarding records of all horses on site for which Contractor provides services
 Maintain a record of feeding, supplements, nutritional needs and/or medications necessary for all boarded horses on site for which Contractor provides services  Obtain trailer parking records for all trailers parked on site from city staff  Maintain a valid California driver's license for self and ensure the same of all contractor’s employees who drive in the performance of their work on the facility  Provide a monthly spreadsheet detailing the expenses due from facility users for horse boarding, trailer parking, and revenue share from approved businesses at the facility  Provide a weekly list of supplies, to be ordered by City  Schedule, advertise, prepare agenda and led quarterly meetings for horse boarders, trailer parking renters, equine trainers and vendors
 Confirm programs and activities occurring on the facility are approved, permitted and/or contracted by the City
 Provide recommendations for programs, activities and events to the Director of Recreation and Community Services for city approval

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center

PROFESSIONAL SERVICE AGREEMENT
WITH D. JOY GOULD DBA HACIENDA SOSEGADO, LLC

EQUESTRIAN CENTER MANAGER

EXHIBIT B

INSURANCE REQUIREMENTS
Without limiting Contractor’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Contractor shall obtain, provide, and maintain at Contractor’s own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another (e.g. the “Insured v. Insured” exclusion). Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.

Commercial Equine General Liability Insurance, to the extent the Commercial General Liability policy obtained pursuant to Section 17.A. above, does not include the management of equine operations. Contractor shall procure and maintain, at Contractor’s sole costs and expense, comprehensive Commercial Equine General Liability Insurance in the single limit minimum amount of $1,000,000 per occurrence and an aggregate in the amount of $2,000,000.

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.

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 that will be utilized in the performance of Contractor’s obligations pursuant to this Agreement, the insurance requirement may be satisfied by a non-owned auto endorsement to the commercial general liability policy described above.

Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement.

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center Other provisions and/or requirements

1. Proof of insurance. Contractor shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. 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 for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

2. Duration of coverage. Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Contractor, Contractor’s agents, representatives, employees, or subcontractors.

3. 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.

4. 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, 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.

5. 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.

6. 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 Contractor’s own right of recovery against City and shall require similar written express waivers and insurance clauses from each of Contractor’s subcontractors.

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center

7. 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.

8. 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.

9. Notice of cancellation. Contractor agrees to oblige Contractor’s insurance agent or broker and insurers to provide 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. If any of Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying City immediately in the event of Contractor’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

10. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

11. 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 City and approved of in writing.

12. 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.

13. Pass through clause. Contractor agrees to ensure that Contractor’s subcontractors and any other party who is brought onto or involved in the project/service by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor under this Agreement. 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. However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to City, Contractor may still be able to utilize the subcontractor provided Contractor shall be required to ensure that Contractor’s subcontractor provide and maintain insurance coverage and endorsements

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than that required of Contractor, but in all other terms consistent with Contractor’s requirements under this Agreement. This provision does not relieve Contractor of Contractor’s contractual obligations under the Agreement and/or limit Contractor’s liability to the amount of insurance coverage provided by Contractor’s subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of Contractor under this Agreement given the limited scope of work or services provided by the subcontractor. Contractor agrees that upon request, all agreements with subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

14. 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 sixty (60) 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.

15. 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, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

16. 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.

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

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center

PROFESSIONAL SERVICE AGREEMENT
WITH D. JOY GOULD DBA HACIENDA SOSEGADO, LLC

A. City is the owner and licensee of the certain real property located at 11369 East Carson Street, Lakewood, California 90715 and commonly referred to as the Lakewood Equestrian Center.

B. The Lakewood City Council has authorized and approved use of the property for equestrian recreation uses including horse boarding and equine activities.

City’s Recreation and Community Services Department Director shall be authorized to act

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5. PAYMENT.

Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.

6. TERMINATION OF AGREEMENT.

7. DEFAULT.

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8. OWNERSHIP OF DOCUMENTS.

All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9. INDEMNIFICATION AND DEFENSE.

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11. INDEPENDENT CONTRACTOR.

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15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST.

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center such response does not imply or mean the right by City to control, direct, or rewrite said response.

16. ASSIGNMENT.

Contractor agrees to provide City with current copies of said licenses and permits and with copies as they are renewed.

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center

Page 8 of 14 ends

Exhibit A – Equestrian Center Manager Scope of Work
Exhibit B - Insurance Requirements

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center

PROFESSIONAL SERVICE AGREEMENT
WITH D. JOY GOULD DBA HACIENDA SOSEGADO, LLC

EQUESTRIAN CENTER MANAGER

EXHIBIT A

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Page 11 of 14 ends

Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center

PROFESSIONAL SERVICE AGREEMENT
WITH D. JOY GOULD DBA HACIENDA SOSEGADO, LLC

EQUESTRIAN CENTER MANAGER

EXHIBIT B

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.

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center Other provisions and/or requirements

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Professional Services Agreement_Hacienda Sosegado LLC_Lakewood Equestrian Center

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RESOLUTION NO. 2023-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD, CALIFORNIA, CALLING FOR THE HOLDING

OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, MARCH 5, 2024, FOR THE ELECTION OF

CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS

OF THE LAWS OF THE STATE OF CALIFORNIA RELATING

TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on, March 5, 2024, for the election of Municipal Officers.

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

SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lakewood, California, on Tuesday, March 5, 2024, a General Municipal Election for the purpose of electing two (2) Members of the City Council from Districts 3 and 4 for the full term of four years.

SECTION 2. The ballots to be used at the election shall be in form and content as required by law.

SECTION 3. The City Clerk is authorized, instructed and directed to coordinate with the County of Registrar-Recorder/County Clerk (“County Registrar”) to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. The polls/vote centers, operated by the County Registrar, for the election shall be open as required during the identified voting period pursuant to Section 4007 and 14401 of the Elections Code of the State of California.

SECTION 5. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. Notice of the time and place of holding the election is given and the City Clerk and County Registrar are authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Resolution No. 2023-66

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SECTION 7. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

ADOPTED AND APPROVED THIS 24TH DAY OF OCTOBER, 2023.
____________________________________
Mayor
ATTEST:
_________________________________
City Clerk
RESOLUTION NO. 2023-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF LOS ANGELES TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON, MARCH 5, 2024, WITH THE STATEWIDE

PRESIDENTIAL PRIMARY ELECTION
WHEREAS, the City Council of the City of Lakewood will hold a General Municipal Election to be held on March 5, 2024, for the purpose of the election of two (2) Members of the City Council; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide Presidential Primary Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the Los Angeles County Registrar-Recorder/County Clerk (“County Registrar”) canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and
WHEREAS, Elections Code Section 10002 authorizes the City to request by resolution that the Board of Supervisors of Los Angeles County authorize the County Registrar to conduct specified election services.

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

SECTION 1. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide Presidential Primary Election on Tuesday, March 5, 2024, for the purpose of the election of two (2) Members of the City Council from Districts 3 and 4 for the full term of four years.

SECTION 2. The City Council requests the Board of Supervisors of the County of Los Angeles to direct the Registrar-Recorder/County Clerk to administer, manage and perform all necessary functions, services and tasks related to the complete and successful conduct of the consolidated election; including the provision of all election materials and equipment; the hiring, training and supervision of election workers and other election personnel; the printing and distribution of ballot materials; the translation of ballot materials in the required languages for the City of Lakewood; the collection of submitted ballots; the tallying of votes; and canvassing and certification of election results. The election will be held in all respects as if there were only one election and only one form of ballot will be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.

Resolution No. 2023-67

Page 2 ends

SECTION 3. The Board of Supervisors is requested to consent and agree to the consolidation of the City of Lakewood’s General Municipal Election with the Statewide Presidential Primary Election to be held on March 5, 2024, and that the County of Los Angeles take any and all steps necessary for the holding of the consolidated election.

SECTION 4. The City of Lakewood recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for these costs.

SECTION 5. The candidate nomination and filing process shall occur in the City of Lakewood for convenience of residents between the dates of November 13, 2023, and December 8, 2023, unless extended to December 13, 2023, in the event that an incumbent does not file, and shall be conducted by the City Clerk with the support of the County Registrar.

SECTION 6. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Los Angeles and the County Registrar.

SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED THIS 24TH DAY OF OCTOBER, 2022.
____________________________________
Mayor
ATTEST:
_________________________________
City Clerk
RESOLUTION NO. 2023-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD, CALIFORNIA, ADOPTING REGULATIONS

FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING

TO CANDIDATE STATEMENTS SUBMITTED TO THE

VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
MARCH 5, 2024
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the Candidate Statement.

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

SECTION 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Lakewood on March 5, 2024, may prepare a Candidate Statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. Pursuant to Section 13307(c) of the California Elections Code, the governing body of the City of Lakewood authorizes the preparation of candidate statements for nonpartisan elective office for the purpose of electronic distribution. Candidates will prepare statements for electronic distribution pursuant to Section 13307(a) of the Elections Code. A statement prepared pursuant to this subdivision shall be posted on the internet website of the County Elections Official. Pursuant to Section 13307.7(a) of the Elections Code, candidates shall provide payment of the requisite fee to cover the duties and procedures set forth in Sections 13307(b) and (d) of the Elections Code.

SECTION 3. FOREIGN LANGUAGE POLICY. Pursuant to the Federal Voting Rights Act, the Candidate Statement shall be translated into all languages required by the County of Los Angeles. The Los Angeles County Registrar-Recorder/County Clerk (“County Registrar”), will print and mail the voters’ pamphlet and candidate statements in all the required languages.

Pursuant to State law, the candidates’ statements must be translated and printed in the voters’ pamphlet in any language at the candidates’ request. The candidates will be required to pay for the actual cost of translating and printing their candidates’ statements into any required foreign language pursuant to Federal and/or State law, as specified, and into any other foreign language requested by the candidate.

Resolution No. 2023-68

Page 2 ends

SECTION 4. PAYMENT. The City Clerk shall work with the County Registrar to estimate the total cost of printing, handling, translating, and mailing the Candidate Statements filed, including the costs incurred as a result of complying with the Voting Rights Act of 1965, as amended, and require each candidate filing a statement to pay in advance to the City of Lakewood his or her estimated pro rata share as a condition of having his or her statement included in the voters’ pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred.

In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 5. MISCELLANEOUS. Translations shall be provided by professionally certified translators and the City Clerk and County Registrar shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 6. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the Official Sample Ballot Booklet/Voter Information Guide.

SECTION 7. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 8. All previous resolutions establishing City Council policy on payment for Candidate Statements are repealed.

SECTION 9. This resolution shall apply only to the election to be held on March 5, 2024, and shall then be repealed.

SECTION 10. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED THIS 24TH DAY OF OCTOBER, 2023.
____________________________________
Mayor
ATTEST:
_________________________________
City Clerk

Approve Change Order #1 with All Cities Engineering Inc. for FY 2024 Watermain Replacement - PW Project 23-07
October 24, 2023

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Lakewood City CouncilOctober 24, 2023

Lakewood City Council
October 24, 2023